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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Securities 2022-02-24 10:22 pm By Sam Matthews

Logistics company GetSwift will argue on appeal that a judge who found the company took a “PR-driven approach” to ASX statements was wrong in his assessment of whether those statements contained material omissions.

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Qantas decision to outsource staff not linked to strike action threat, court told
Employment 2022-02-24 10:22 pm By Miklos Bolza

A decision by Qantas to outsource its ground staff was not timed to head off industrial action by the Transport Workers’ Union, the Full Federal Court has heard as the airline seeks to overturn a finding that it engaged in adverse action when it terminated around 1,800 employees last year.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Securities 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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High Court to hear BHP challenge to foreign investors in class action
High Court 2022-02-18 10:59 pm By Cat Fredenburgh

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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‘I couldn’t sleep at night’: Clive Palmer says he feared for safety after WA’s ‘Palmer Act’
Trials 2022-02-16 7:14 pm By Sam Matthews

Clive Palmer said he feared for his physical safety as a result of the criminal immunity granted to the WA government by legislation and the consequent ‘political campaign’ waged against him, as he took the stand for the first time in his defamation trial against the WA premier.

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‘A complete ass’: Judge in Palmer, McGowan trial bemoans state of defamation law
Defamation 2022-02-15 9:38 pm By Sam Matthews

A judge overseeing the closely watched trial in Clive Palmer’s defamation case against WA Premier Mark McGowan has vented his frustrations with the state of Australian defamation proceedings, railing against what he said was the common practice of parties refusing to concede even minor points. 

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‘Vicious rhetoric’: WA premier’s remarks about Clive Palmer more than name-calling
Defamation 2022-02-14 10:20 pm By Sam Matthews

Comments made about Clive Palmer by Western Australia premier Mark McGowan in press conferences were “heavy with historical and sinister significance”, a court has heard on the first day of trial in the mining billionaire’s defamation case. 

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Trial vacated in Monsanto class action over Roundup weed killer
Product Liability 2022-02-11 7:02 pm By Christine Caulfield

An upcoming three-month trial in a class action against agrochemical giant Monsanto has been vacated after the applicant’s key expert withdrew from the case.

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