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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You know what else is crazy?
The Judge in the Steemit hostile takeover lawsuit DIED.
How messed up is that?
Apparently they have to start over.

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I had that happen once on an important case. The Judge had given a Judgement but made no orders (this often happens to allow parties to agree them). Then he died and the parties were arguing before the new Judge about what the old Judge meant.

I saved the company by playing hardball on this issue and we won on appeal.

This is the first I've heard of this actually being done. As I recall the proposal had not been approved at the time. This is such an important case.

We didn't get DHF funding but have been running the case anyway.

That is really awesome! Thanks for the update. Too bad that the old judge had to step away. I know he was kind of interested in this whole thing. Hopefully the new judge handles it with the same zeal.

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