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KordaMentha partners fight examination over Arrium administration
Restructuring & Insolvency 2023-04-14 3:38 pm By Cindy Cameronne

The Australian Securities and Investments Commission is fighting a challenge by three KordaMentha partners to the regulator’s decision to allow insurer Atradius to subject them to public examination over their administration of failed steel giant Arrium.

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ASIC wins case against Linchpin Capital directors over $17M in client funds
Financial Services 2023-04-04 3:51 pm By Cindy Cameronne

The Australian Securities and Investments Commission has won its case against four Linchpin Capital directors after a judge found they duped their clients into lining the directors’ pockets and benefitting the parent company.

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Banksia class action silk’s wife offers $1.25M settlement
Class Actions 2023-04-03 11:42 pm By Christine Caulfield

Companies linked to the wife of the disgraced Banksia Securities class action silk Norman O’Bryan have offered $1.25 million to settle proceedings seeking to recover a $21.5 million judgment for defrauded investors.

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BCC can bring claims against three Greensill units
Insurance 2023-03-30 4:16 pm By Cindy Cameronne

Insurer Bond & Credit Company has overcome an administrator’s protests and won leave to bring cross-claims against three Greensill entities in lawsuits over the financing firm’s $1.7 billion collapse.

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Linchpin class action settles with directors, continues against AIG
Class Actions 2023-03-24 10:19 pm By Cindy Cameronne

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Restructuring & Insolvency 2023-03-21 10:33 pm By Sam Matthews

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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High Court asked to revive pooling orders for businesses with common right to sue
Restructuring & Insolvency 2023-03-20 4:58 pm By Cindy Cameronne

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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In win for construction industry, court finds SOPA available to insolvent companies
Restructuring & Insolvency 2023-03-02 2:34 pm By Christine Caulfield

In a landmark ruling, the NSW Supreme Court has found the Security of Payment Act is available to insolvent builders to pursue debts, despite an amendment to the law that prevents construction companies in liquidation from enforcing payment claims.

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King & Wood Mallesons points finger at rival law firm in Halifax negligence case
Professional Negligence 2023-02-24 11:21 pm By Cindy Cameronne

King & Wood Mallesons has denied the claims in a lawsuit by defunct stockbroker Halifax Investment Services alleging it failed to advise it of an obligation to hold client funds on trust, and has said another law firm should also take the blame if it is found negligent.

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