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NAB, ex-Walton Construction exec may face $70M suit by special purpose liquidator
Restructuring & Insolvency 2019-08-07 3:30 pm By Miklos Bolza

National Australia Bank and the director of the collapsed Walton Construction face a possible lawsuit over more than $70 million in claims after the Federal Court gave the greenlight to the appointment of a special purpose liquidator to pursue the case.

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RCR Tomlinson class actions to be consolidated whether parties ‘agree or not’
Class Actions 2019-08-05 6:15 pm By Amelia Birnie

The judge overseeing three competing shareholder class actions brought against RCR Tomlinson has refused to entertain a beauty contest, instead deciding to consolidate the proceedings whether the parties “agree or not”.

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Judge dismisses ‘puzzling’ bid to boot FW Projects liquidators
Restructuring & Insolvency 2019-07-18 8:49 pm By Miklos Bolza

Two construction companies have lost what a court has called a “puzzling” bid to oust the liquidators of collapsed FW Projects amidst a legal battle in the NSW Supreme Court over the property developer’s remaining assets.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Class Actions 2019-07-12 9:18 pm By Amelia Birnie

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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Dick Smith insurers face class action over IPO-related policy
Class Actions 2019-07-08 4:43 pm By Miklos Bolza

Allianz and a number of other insurers of Dick Smith are now facing a class action over the extent of coverage under an insurance policy for the collapsed electronics retailer’s initial public offering.

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Equititrust settlement with KPMG approved after no objections to funder taking all
Restructuring & Insolvency 2019-06-28 9:04 pm By Amelia Birnie

A court has approved a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG, after not a single objection was raised by unitholders or creditors who won’t receive anything after the entire amount is paid to the funder.

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RCR Tomlinson class actions get green light, multiplicity fight looms
Class Actions 2019-06-24 5:27 pm By Miklos Bolza

Three shareholder class actions against RCR Tomlinson have been allowed to continued, setting up a class action beauty contest over who will lead the litigation against the failed engineering company.

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Funder takes all in Equititrust settlement with KPMG, creditors get nothing
Restructuring & Insolvency 2019-06-20 9:10 pm By Miklos Bolza

The approval of a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG has been postponed to allow time to notify creditors and unitholders that they won’t see a cent, an outcome the judge called “a long way from litigation in any traditional sense”.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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