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GetSwift leaked $138M deal to the press ahead of ASX announcement, ASIC says
Alan Shearer 2020-06-16 7:26 pm By Miklos Bolza Sydney

GetSwift “sat on” an announcement about a lucrative deal with US-based automotive sales and marketing firm N.A. Williams for more than three weeks, then leaked the news to the media before announcing it on the Australian Stock Exchange, ASIC has told the Federal Court on day two of a trial in the corporate regulator’s case against the logistics tech company.

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ANZ says allegedly worthless insurance policies gave customers ‘peace of mind’
ANZ 2020-06-16 6:15 pm By Alison Eveleigh Sydney

ANZ has denied claims that it sold allegedly worthless insurance to group members in a class action against the banking giant, and has said the policies gave customers “peace of mind”.

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High standards: Challenging a DOCA that compromises a litigation claim
Baker McKenzie 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.

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Judge accused of ‘very aggressively’ attacking government’s Robodebt defence
Bernard Quinn 2020-06-16 2:30 pm By Alison Eveleigh Sydney

A judge has been accused of “very aggressively” raising issues with a barrister for the Federal Government over its failure to amend its defence in a $300 million class action centred on the Commonwealth’s controversial Robodebt scheme to match recent public admissions.

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ACCC seeks contempt finding against ex-Empower Institute lawyer
ACCC 2020-06-15 11:06 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission is seeking a contempt finding against a former solicitor for defunct vocational trainer Empower Institute over alleged billing practices.

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Law firms tell government inquiry they want class closure back
Class Actions 2020-06-15 10:25 pm By Christine Caulfield Melbourne

Judges should be given the power to make class closure orders again, defence law firms have told the latest class action inquiry, which comes on the heels of a landmark appeals court ruling that there is no statutory authority to keep unregistered class members out of a group proceeding.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
ACCC 2020-06-15 8:27 pm By Alison Eveleigh Sydney

Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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‘These results are not accidental’: GetSwift saw ASX as ‘cheap way’ to boost share price, ASIC says
Alan Shearer 2020-06-15 6:49 pm By Miklos Bolza Sydney

Émails show the directors of logistics company GetSwift took a “deliberate approach” to inflating the company’s share price through a constant supply of positive ASX announcements about new multimillion-dollar contracts, ASIC said on the first day of a highly anticipated five-week trial.

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Full Court flushes ACCC appeal of wipes ruling
ACCC 2020-06-15 3:55 pm By Cat Fredenburgh Melbourne

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Correcting the record – litigation funding and returns to group members in funded class actions
Class Actions 2020-06-15 2:49 pm By WP Creative

Much of the criticism of the ligitaion funding industry being played out in the media recently is based on misinformation, says Andrew Saker of Omni Bridgeway.

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