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Atradius can’t bring late $1.5B claim over Arrium administration
Restructuring & Insolvency 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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Cost of independent counsel to advise on Banksia silk’s $1.25M offer ‘can’t be justified’, court says
Class Actions 2023-05-02 11:07 pm By Christine Caulfield

The Victoria Supreme Court will not appoint a contradictor to weigh in on the reasonableness of a $1.25 million settlement offered by companies associated with the wife of a once prominent silk struck from the roll over the Banksia Securities class action scandal.

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Inquiry called by Melissa Caddick’s parents ‘hanging over receivers like a threat’, court told
Restructuring & Insolvency 2023-04-28 3:39 pm By Cindy Cameronne

The parents of Sydney fraudster Melissa Caddick will seek an inquiry into whether receivers of her property have acted faithfully in managing the assets.

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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
Class Actions 2023-04-26 11:47 pm By Cindy Cameronne

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Business of Law 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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Court orders winding up of investment firm Ascent amid Ponzi scheme claims
Restructuring & Insolvency 2023-04-24 2:54 pm By Sam Matthews

A court has wound up Ascent Investment and Coaching, after ASIC filed proceedings against the company and director Michael Dunjey over concerns that investor funds may have been improperly dealt with.

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High Court grants special leave to Dick Smith execs
High Court 2023-04-21 11:57 pm By Cat Fredenburgh

The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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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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Judge says liquidator can be paid ahead of preferred creditors
Restructuring & Insolvency 2023-04-17 11:15 pm By Sam Matthews

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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