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Treasury has no time to list ‘opportunistic’ class actions driving reform bill, committee told
ASIC 2021-06-10 10:21 pm By Christine Caulfield Melbourne

Combatting “opportunistic” class actions is one of the main drivers behind proposed legislation to reform Australia’s continuous disclosure laws, but the federal treasury department has brushed off a Senate committee’s request for a list of cases apparently deserving of the derogatory tag.

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ASIC brings action against shipbuilder Austal over $3.5B US Navy program
ASIC 2021-06-10 10:26 am By Christine Caulfield Melbourne

Defence shipbuilder Austal has been hit with regulatory action over market disclosures linked to cost overruns with the company’s $3.5 billion US Navy warship program.

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‘Very very messy law’: Government urged to rethink changes to continuous disclosure regime
Class Actions 2021-06-09 1:05 pm By Cat Fredenburgh Melbourne

The government’s proposed changes to the country’s continuous disclosure regime substitutes a “bright line legal test” with a “very very messy law” that will weaken enforcement and could undermine the integrity of Australia’s capital markets, a Senate committee has heard.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Adele Carr 2021-06-07 11:03 pm By Miklos Bolza Sydney

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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GetSwift class action faces fight to use witness evidence from ASIC case
Ahmed Rizk 2021-06-04 10:15 pm By Christine Caulfield Melbourne

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Allens 2021-06-04 4:00 pm By Cindy Cameronne Sydney

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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EML Payments faces potential class action over money laundering risk disclosures
Class Actions 2021-06-03 11:05 pm By Cat Fredenburgh Melbourne

Payments processing company EML is the target of a shareholder class action investigation over its alleged failure to timely alert the market to concerns about its money laundering risk and control systems.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Alistair Pound 2021-06-03 10:10 am By Cindy Cameronne Sydney

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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Class action investigation targets a2 Milk over Chinese baby formula sales woes
Class Actions 2021-05-31 3:59 pm By Miklos Bolza Sydney

Plaintiffs law firm Slater & Gordon is considering a shareholder class action against the a2 Milk company over its 2021 financial year guidance, which was downgraded after weak baby formula sales to China.

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Consumer class actions on the rise, as group proceedings hit financial year record
Class Actions 2021-05-25 8:55 pm By Christine Caulfield Melbourne

At least 60 class actions were filed in Australian courts from July 1 last year to April 30, marking a record for new group cases in a financial year with two months to go, according to a preliminary report by King & Wood Mallesons’ disputes resolution team.

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