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Equititrust lawsuit on shaky ground after judge rejects Vannin’s choice of security
Restructuring & Insolvency 2020-09-03 5:41 pm By Miklos Bolza

The receivers for funds manager Equititrust, who are suing the name partners of law firm Tucker & Cowen, have failed in their bid to have further security for costs paid in the form of deeds of indemnity, despite telling the court that funder Vannin might withdraw its support for the litigation.

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Brexit, COVID-19 no reason to alter security terms in Gladstone Ports class action, judge says
COVID-19 2020-06-29 5:56 pm By Miklos Bolza

A judge has rejected claims by Gladstone Ports Corporation that security for costs in a $100 million class action by commercial fishing operators should not be paid through a London-based insurer because of the impact of Brexit and COVID-19.

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ASIC wins High Court appeal over meaning of corporate ‘officer’
Appeals 2020-03-11 12:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has scored a victory before the High Court, with the court unanimously finding that the term “officer” under the Corporations Act is not limited to those that hold official positions within a company.

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Ex-fintech CEO wins $2.2M in damages after unlawful dismissal
Employment 2019-10-14 5:58 pm By Amelia Birnie

The former CEO of financial software firm GBST has been awarded more than $2.2 million in damages, with a court finding he was wrongfully terminated by the company amid unsubstantiated allegations of insider trading.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Legal Ethics 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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High Court to clarify meaning of ‘officer’ under Corporations Act
Appeals 2019-05-21 2:46 pm By Cat Fredenburgh

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.

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