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COVID-19 sees Virgin administrators absolved of liability on unprecedented scale
Restructuring & Insolvency 2020-05-15 4:40 pm By Alison Eveleigh

The administrators of Virgin Australia have been absolved of personal liability for the ongoing operation of the embattled airline on an unprecedented scale, with Australia’s airline duopoly and the effects of the COVID-19 pandemic justifying the “extraordinarily wide” orders.

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ASIC wins injunction against Mayfair 101 promotion language
Financial Services 2020-04-16 5:09 pm By Miklos Bolza

A judge has issued a temporary injunction limiting how Mayfair 101 can promote two of its investment products, in proceedings brought by ASIC accusing the investment firm of misleading and deceptive advertising.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Financial Services 2020-02-27 10:28 pm By Cat Fredenburgh

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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Ex-Murray Goulburn execs say judge should not disqualify them again
Securities 2019-11-13 11:27 pm By Miklos Bolza

The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.

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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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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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Judge greenlights MWL derivative suit against Focus Financial
Corporate 2019-01-07 11:42 am By Miklos Bolza

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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