In addition, court documents reveal that Squire Patton Boggs was accused of making a misleading and deceptive claim that its class action against GetSwift could see a damages payout that would exceed $300 million — a claim it later revised to $75 million.

Getswift also alleged that Squire Patton Boggs’ media announcements regarding the $300 million-class action caused the share price of GetSwift to fall, and that the firm had no basis for making such statements.

The allegations come after Squire Patton Boggs brought action on behalf of Dwayne Perera and other investors in GetSwift (GSW) and the company’s director, Joel MacDonald, for engaging in misleading and deceptive conduct in trade, and for compensation for failure to comply with continuous disclosure obligations as per ASX listing rules and the Corporations Act, in February this year.

The Federal Court heard GetSwift deny that it has caused losses for its investors this week; however, the company noted that if its defence was rejected and it was deemed liable, the damages payout should be reduced to factor in the loss allegedly caused by Squire Patton Boggs — partners of which it labelled as “concurrent wrongdoers”.

The latest coming out of the Federal Court follows Federal Court judge Justice Michael Lee SC ruling a permanent stay on Squire Patton Boggs’ class action against GetSwift on 23 May. Justice Lee also imposed a permanent stay on Corrs Chambers Westgarth’s class action against GetSwift.

Melbourne-based boutique Phi Finney McDonald was ultimately chosen to lead the class action against GetSwift, while Quinn Emanuel was selected to defend GetSwift.

Squire Patton Boggs later filed an appeal to overturn the ruling against the orders “based on a number of factors”.

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In issuing the appeal, partner Amanda Banton said: “There is a question as to whether the court has the power to select one representative proceeding over another”.

“… Squire Patton Boggs has been working in this extremely complex and difficult area of class action litigation for a number of years. We have developed a very competitive funding package based on years of experience and familiarity with how these disputes play out.”

“Our track record, including delivering successful outcomes to class action members over a large number of disputes, demonstrates we have the experience and expertise to run the case efficiently — with resulting cost savings.”

Lawyers Weekly reached out to Squire Patton Boggs for comment on the latest Federal Court proceedings, asking for the firm’s response to GetSwift’s allegations against it, including the accusations that Squire’s $300 million claim was misleading and deceptive, that it had no reasonable basis for the claim, and that the firm’s partners are “concurrent wrongdoers”. 

“Squire Patton Boggs is not party to the proceedings the subject of the defence. We are reviewing the allegations made in the defence and will respond at an appropriate time,” a spokesperson for the firm said.