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Virgin says funder’s $5M security in investor class action ‘unsatisfactory’
Class Actions 2022-08-08 2:10 pm By Cindy Cameronne

Virgin Airlines has argued a litigation funder’s indemnity for its legal costs is not enough for it to bring a class action on behalf of bond holders over a 2019 prospectus, claiming the airline expects to spend more than $5 million defending the proceedings.

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Nuix slams class action carriage agreement as ‘anti-competitive’
Class Actions 2022-07-18 4:18 pm By Sam Matthews

Shine and Phi Finney McDonald’s fallback plan to cooperatively run a class action against Nuix has come under fire, with the technology company urging the court to make the two firms compete against one another for sole carriage.

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ASIC seeks $15M penalty against GetSwift after ‘unprecedented’ offshore move
Securities 2022-07-12 11:01 pm By Cindy Cameronne

ASIC has called for a $15 million penalty against GetSwift and 12-year bans against its directors, who moved the logistics company overseas as the regulator’s enforcement action was on foot, a move the court on Tuesday said was “unprecedented”.

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Sims class action funder, lawyers stake claim to 57% of settlement
Class Actions 2022-07-08 11:32 am By Christine Caulfield

The funder and law firm running a shareholder class action against recycling company Sims Limited are seeking more than 57 per cent of a $29.5 million settlement for commission and costs, including an insurance policy to cover the risks of losing the case.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid
Class Actions 2022-07-05 4:05 pm By Cat Fredenburgh

A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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Nuix ex-CEO not entitled to ‘special treatment’, trial judge told
Securities 2022-06-27 6:55 pm By Cindy Cameronne

The former boss of embattled tech company Nuix is asking for “special treatment” by arguing he is owed $183 million in options under a 2008 agreement, a judge has heard on the first day of trial in the ex-CEO’s case.

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Knives come out in Nuix class action beauty parade
Class Actions 2022-06-16 10:21 pm By Sam Matthews

A victor remains to be crowned following a heated beauty parade between competing class actions against tech company Nuix, with two law firms facing criticism for their “cumbrous” consolidation proposal and a third firm copping flak for its “opaque” financials.

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Sims settles shareholder class action for $29.5M
Class Actions 2022-06-10 9:43 am By Christine Caulfield

Recycling company Sims Limited will pay $29.5 million to settle a shareholder class action alleging earnings guidance for FY16 failed to account for the likely prospect of falling scrap metal prices.

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Nuix says ex-CEO’s claim off by $140M, but Macquarie director must front court to explain
Securities 2022-06-06 4:20 pm By Cindy Cameronne

A former Nuix director appointed by Macquarie Bank must give evidence in person as the embattled tech company argues a claim brought by its former CEO is off by $140 million.

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GetSwift, directors drop appeal of judgment on ‘PR-driven’ approach to disclosures
Securities 2022-05-16 11:38 pm By Cat Fredenburgh

Logistics company GetSwift and its directors have dropped their challenge to a judgment that found the company breached its continuous disclosure obligations with its “PR-driven” approach to ASX statements.

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