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Former Arrium group treasurer rejects liquidators’ ‘infected’ insolvency case
Restructuring & Insolvency 2021-03-03 6:16 pm By Miklos Bolza

The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company’s liquidators that it was trading while insolvent, arguing the case had been ‘infected’ by evidence from an expert who was also a plaintiff in the case.

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Herbert Smith Freehills warned Arrium of insolvent trading risk, court told
Restructuring & Insolvency 2021-03-02 5:43 pm By Miklos Bolza

Doomed iron and steel giant Arrium attempted to stave off its inevitable $2.8 billion collapse and put off negotiating with its lenders until the last minute despite warnings from its legal and financial advisors, liquidators for the company told the court.

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Fair trial may not be possible for adviser targeted by ASIC in IOOF unit case, court told
Financial Services 2021-03-01 9:57 pm By Christine Caulfield

A financial adviser at the centre of ASIC’s bad advice case against an IOOF unit might mount an argument that a fair trial is not possible because of his “fulsome” answers to investigators during a compulsory examination.

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Arrium ‘bled cash’ from banks prior to $2.8B collapse, court told
Restructuring & Insolvency 2021-03-01 3:04 pm By Miklos Bolza

Directors of steel producer Arrium continued to borrow money from “vulnerable” lenders in the months prior to the company’s $2.8 billion collapse and “bled cash” despite the inevitable end, a number of lenders have said on the first day of a 40-day trial in the NSW Supreme Court.

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ASIC proves prescient with failure of mediation on eve of IOOF trial
Financial Services 2021-02-26 9:52 pm By Christine Caulfield

ASIC’s warning about the futility of mediation with an IOOF subsidiary has proved prophetic, with talks last week failing to resolve the regulator’s case ahead of trial starting Monday.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’
Employment 2021-02-19 5:21 pm By Christine Caulfield

IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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Tandem gets OK to file rare class action cross-claims against group members
Class Actions 2021-02-09 3:31 pm By Miklos Bolza

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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‘Risky, illiquid and speculative’: Class action launched over Mayfair’s failed IPO Wealth Fund
Class Actions 2020-12-14 1:03 pm By Miklos Bolza

A class action has been filed against the trustee and responsible entity of the Mayfair Group’s IPO Wealth Fund, which was wound up in September after $86 million of investor funds were lost.

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Tandem unit’s bid to shut down sham contracting class action fails again
Employment 2020-11-30 2:02 pm By Christine Caulfield

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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