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Quick Update on Crypto Class Action - New Judge appointed

apshamilton

Published: 29 Jun 2021 › Updated: 29 Jun 2021Quick Update on Crypto Class Action - New Judge appointed

Quick Update on Crypto Class Action - New Judge appointed

Many of you may have been wondering why there were no updates on the Crypto Class Action for the last 6 months.

Court Delays

The reason was that after my hearing on 18 Dec 2020 there was a Summer Holiday break in Australia and then the day before I was supposed to have the next hearing in Feb 2021, the hearing got postponed because the Judge was too busy.

I waited 4 months and the Court was trying to find a time for the next hearing but the Judge's workload was crazy and he couldn't find time for what is a big case with a steep learning curve.
I think he wanted to hold onto the case because its super interesting and important but in the end, he just couldn't find the time.

A New Judge

On 16 June 2021 I got an email that the matter has been allocated to a new Judge - Justice Elizabeth Cheeseman - who had just been appointed as a Judge of the Federal Court of Australia a few weeks before.

I immediately got a case management hearing on 18 June 2021 to work out the way forward and I have until 16 July 2021 to prepare updated and consolidated submissions and file any new evidence. Quite a lot has happened in the last 6 months both with relevant legal cases and in the crypto world.

After 16 July 2021 I'll then have another case management hearing and a date will be set for the interlocutory hearing for Leave to Serve Facebook and Google in the USA.

I think that things will move forward more quickly now as Justice Cheeseman seems to have a light workload at present and plenty of time to get across the substantial amount of material that I have filed.

A lot of material filed

As noted in the previous update post I've filed a huge amount of material - Five Volumes of Court Book - 1500+ pages.

Even limiting the material to just that that I am referring to in my submissions on the leave to serve issue it was over 250 pages of evidence - as set out in this Concise Court Book.

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While the delay was frustrating, the case gets stronger and clearer with each iteration before a Judge.

An important part of the litigation process is refining the claim and addressing all possible objections and I feel that the case is now both very strong and clearly presented.


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Father of five, serial tech entrepreneur, highly accomplished lawyer and a passionate, persuasive public interest advocate. Suing Meta & Google for Crypto Ad Ban.

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