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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Banton Group snags two ‘hardcore litigators’ to power overseas expansion
Business of Law 2023-05-31 5:05 pm By Gareth Baker

Boutique litigation firm Banton Group has hired Laura Keily and Ryan McCrosson as name partners, as as the firm eyes expansion into the US, UK and Cayman markets.

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Trial vacated in class action against Deloitte over Hastie audits
Trials 2023-05-30 2:57 pm By Christine Caulfield

Trial in a protracted class action against Deloitte over the collapse of construction group Hastie has been abandoned, signalling a settlement is in the works.

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King & Wood Mallesons ignored Sargon liquidators’ demand for $540,000, court told
Restructuring & Insolvency 2023-05-30 10:53 pm By Sam Matthews

A lawsuit by the liquidators of Sargon Capital alleges law firm King & Wood Mallesons “refused or neglected” a demand to return over $540,000 in alleged unfair preference payments and should have known the fintech was insolvent when the payments were made.

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Sydney fraudster Melissa Caddick dead, coroner finds
White Collar 2023-05-25 12:35 pm By Sam Matthews

The New South Wales deputy state coroner has concluded that accused conwoman Melissa Caddick is dead, but questions remain about the circumstances of her death.

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Banksia class action funder’s assets likely exceed $19M owing investors
Class Actions 2023-05-22 11:11 pm By Christine Caulfield

The value of assets held by companies linked to the late Banksia Securities class action funder is expected to top the $19 million owing on a court judgment against the fraudster and his c0-conspirators.

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Linchpin class action concerned about ‘authenticity’ of evidence for trial
Restructuring & Insolvency 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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Court tosses conviction of Fly365 director, says case ‘doomed to fail’
Restructuring & Insolvency 2023-05-17 2:08 pm By Sam Matthews

A court has tossed a conviction secured in ASIC’s case against a director of collapsed flight booking platform Fly365, saying the case was “doomed to failure.”

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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