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Linchpin class action concerned about ‘authenticity’ of evidence for trial
Restructuring & Insolvency 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Class Actions 2023-05-12 3:54 pm By Cindy Cameronne

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Judge throws cold water on Fairy’s ’30 Minute Miracle’ launch
Competition & Consumer Protection 2023-05-01 9:09 pm By Sam Matthews

A judge has hit the maker of Fairy dishwashing products with an interim injunction that will disrupt the launch of its 30 Minute Miracle detergent, after finding consumer claims by the maker of Finish dishwashing products had a strong prospect of success.

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AIG can’t withdraw admission in Linchpin class action
Insurance 2023-04-26 11:31 pm By Cindy Cameronne

A judge has refused American International Group’s bid to withdraw an admission that directors of defunct advisory firm Linchpin Capital were covered under a D&O policy in an investor class action that has settled against everyone but the insurer. 

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Sargon liquidators take Diversa to court, mull insolvent trading claims against directors
Restructuring & Insolvency 2023-04-18 11:01 pm By Christine Caulfield

Liquidators of Sargon Capital are pursuing a claim for $4 million against super trustee firm Diversa and are investigating potential insolvent trading claims against the collapsed fintech’s directors.

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College’s enrolment practices should be ‘condemned’, Full Court says in ACCC win
Competition & Consumer Protection 2023-04-06 4:29 pm By Cindy Cameronne

The Full Federal Court has upheld a finding that online educator Captain Cook College engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Dealers in GM class action accepted support agreements, court told
Class Actions 2023-03-31 10:56 pm By Cat Fredenburgh

Car dealers that brought a class action against General Motors over its decision to retire the Holden brand in Australia are refuting the car maker’s claims that they did not mitigate their alleged losses, telling the court they signed 1-year support agreements which GM has yet to execute.

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Late judgment in ASIC case derails Quintis class action trial date
Class Actions 2023-01-11 5:01 pm By Cat Fredenburgh

A judge has vacated an upcoming trial in shareholder class actions against former Quintis director Frank Wilson and Ernst & Young, after learning judgment in similar ASIC proceedings against Wilson will not be delivered before the class action hearing kicks off.

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‘An unusual case’: ACCC gives Booktopia more time to pay $6M penalty
Competition & Consumer Protection 2022-12-14 3:16 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has agreed to grant Booktopia more time to pay a $6 million penalty over an alleged misleading refund policy, after the online book retailer suffered a “massive fall” in its share price.

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