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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Class Actions 2021-07-21 11:59 pm By Cat Fredenburgh

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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After triumphing in beauty parade, Maurice Blackburn seeks stay of PFM’s Boral class action
Class Actions 2021-06-30 7:03 pm By Cat Fredenburgh

After winning a three-way contest to lead a shareholder class action against construction giant Boral, Maurice Blackburn is seeking to stay a competing class action by Phi Finney McDonald that was allowed to continue as a closed class action.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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