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Sacked Russells lawyer wins round in case over dismissal
Restructuring & Insolvency 2019-08-20 4:05 pm By Christine Caulfield

A restructuring and insolvency solicitor who is suing Russells Lawyers for summarily dismissing him has largely won a discovery dispute over evidence in the case, with a judge ruling the lawyer could access communications between any of the partners related to his termination two years ago.

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Dispute over $183M solar arbitration award against Spain stayed
Arbitration 2019-08-19 4:28 pm By Miklos Bolza

The Federal Court has stayed a lawsuit seeking to enforce a $183 million international arbitration award against the Kingdom of Spain over a solar farm investment while the country seeks to have the award annulled.

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$27M Fitch class action settlement approved after scolding by judge
Class Actions 2019-07-25 7:10 pm By Amelia Birnie

Group members in the Fitch Ratings class action have recovered almost 95 per cent of their losses in a $27 million settlement, which was narrowly approved after a judge scolded the parties for a lack of clarity around the mediation and opt-out process.

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Fitch settles investor class action over credit ratings on toxic SCDOs
Exclusive 2019-07-19 10:56 am By Christine Caulfield

Fitch Ratings has agreed to settle the last of the investor class actions in Australia flowing from the global financial crisis, a court heard Friday.

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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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Investors can’t revive class action over Octaviar collapse
Appeals 2019-06-21 9:27 pm By Miklos Bolza

An appeals court has tossed a challenge to the dismissal of an investor class action against the Public Trustee of Queensland over a failure to predict the 2008 collapse of Gold Coast-based finance group Octaviar, finding that the class had run a case based on allegations outside of its claims.

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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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Spain to claim sovereign immunity in suit over $392M arbitration award
Arbitration 2019-06-13 7:57 pm By Miklos Bolza

The Kingdom of Spain is contesting attempts to enforce two arbitration awards worth $392 million in the Federal Court, claiming sovereign immunity as it attempts to shut the proceedings down.

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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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“I’d be happy to mediate it myself”: Judge cheers talks in Fitch class action
Class Actions 2019-05-23 7:52 pm By Miklos Bolza

Parties in an ongoing four-and-a-half year long investor class action against Fitch Ratings have agreed to a second round of mediation after a prior attempt was adjourned without success.

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