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High Court to clarify meaning of ‘officer’ under Corporations Act
The High Court has granted ASIC special leave to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, after ASIC argued the High Court should intervene to clarify the scope of the word "officer" under the Corporations Act.
Trial in Fitch Ratings class action delayed a second time
A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month's scheduled trial in the case by three months and forced the court to send the parties' experts into conclaves.
Judge shoots down ASIC’s ‘amorphous’ request for inquiry into liquidators
A judge has dismissed an application by the Australian Securities and Investments Commission to investigate two Sydney-based liquidators, saying the regulator had failed to prove its suspicions about the pair.
High Court refuses special leave to losing GetSwift class action
The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.
Fight over funder’s ‘secret’ side deal in Arasor class action continues
A judge has scheduled a two-day hearing to hear a dispute between investment group Caason Investments, a lead applicant in a shareholder class action against defunct laser technology company Arasor that settled last year for $19.25 million, and Singapore-based litigation funder International Litigation Partners over personal costs allegedly owed to the investment group under a "secret" side agreement.
Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the "inappropriate and questionable" actions by some involved in the class action proceedings.
Sanitarium, Rebel lose appeal over $1.4M promotion campaign
Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.
Commonwealth Bank told investors Sigma credit rating withdrawal a ‘technical’ issue
The Commonwealth Bank of Australia, facing cross-claims by credit ratings agency Fitch in a class action alleging it gave false or misleading double A and triple A ratings to synthetic CDOs backed by Sigma Financial, told investors Fitch's withdrawal of Sigma's credit rating prior to the collapse of the $27 billion investment fund was a "technical" issue, the bank has admitted.
GetSwift weighs bid to toss law firm from ASIC action
GetSwift has warned it may seek an injunction blocking Johnson Winter & Slattery from acting as instructing lawyers to the corporate cop in its enforcement action against the logistics company, saying the firm provided advisory work for it last year.
Octaviar class action appeal ‘completely misconceived’, Full Court hears
A judge's decision to halt questioning about ASIC emails in a class action trial over the 2008 collapse of finance group Octaviar didn't shut the case down, the Public Trustee of Queensland has told the Full Federal Court, calling the appeal of the class action's dismissal "completely misconceived".