ASIC says it is yet to serve GetSwift directors Joel Macdonald, Bane Hunter
Wants to get things moving
Judge Michael Lee remarked that ASIC’s investigation has “received a tad of publicity” over the past year.
If ASIC wins the case, Mr Hunter and Mr Macdonald could be banned from managing a corporation for a period of time to be determined by the court. The pair and GetSwift could also face a fine and a court declaration that they broke the law.
Judge Lee told GetSwift’s lawyers, Quinn Emanuel Urquhart & Sullivan, they have less than a week to get instructions from Mr Macdonald and Mr Hunter.
A firm trial date is still to come, but Judge Lee made it clear that he wants to get things moving.
GetSwift and Mr Macdonald, who was managing director at the time of the alleged contraventions, are also staring down three shareholder class actions, the first of which is set down for trial in October.
Judge Lee suggested the ASIC case and first class action, brought by law firm Phi Finney McDonald, should be run concurrently given the overlap in allegations.
“That will be the opportunity for the court and the public to better understand the allegations that we make on behalf of GetSwift’s wrongdoing, and the wrongdoing of its managing director,” said Tim Finney, principal lawyer at Phi Finney McDonald.
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