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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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KPMG settles lawsuits by Equititrust liquidators accusing accounting firm of negligence
Restructuring & Insolvency 2019-05-28 3:54 pm By Miklos Bolza

The liquidators of Gold Coast fund manager Equititrust are seeking court approval of a confidential settlement of two proceedings brought against KPMG for allegedly failing to properly audit the firm prior to its collapse.

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Ex-Babcock & Brown execs dodge case over botched $1.4B acquisition
Corporate 2019-05-14 10:00 pm By Christine Caulfield

A court has dismissed a long-running case against defunct Babcock & Brown executives by a private investment fund over a botched $1.4B acquisition of the biggest laundry equipment provider in the US, saying the executives did not breach their duties by failing to disclose that the bank underwriting the deal allegedly wanted out.

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Court tosses Ponzi scheme investor’s $75M claim against liquidator Grant Thornton
Restructuring & Insolvency 2019-05-14 9:29 pm By Amelia Birnie

A court has thrown out a $75 million compensation claim filed by an investor in a Ponzi scheme alleging liquidator Grant Thornton Australia and its lawyers Colin Biggers & Paisley failed to return his funds expeditiously.

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$6M class action settlement is one claim under insurance policy, Bank of Queensland says
Class Actions 2019-05-14 8:52 pm By Miklos Bolza

The Bank of Queensland has criticised a judgment which found the bank’s insurance policy left it on the hook for a $6 million settlement of a class action brought by investors in a multi-million dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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