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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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Hastie liquidators appeal dismissal of $63M case against major builders
Restructuring & Insolvency 2023-05-08 3:59 pm By Sam Matthews

The liquidators of failed engineering company Hastie Group have appealed a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.

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Barrister’s $320,000 bill set aside as appeals court takes ‘purposive approach’ to disclosure rules
Business of Law 2023-05-05 12:40 pm By Sam Matthews

An appeals court has set aside a barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees, applying a “purposive approach” to the rules governing lawyers’ disclosure obligations.

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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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