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Managed investment scheme rules stall $78M class action against NAB, Walton
Class Actions 2021-09-30 12:40 pm By Miklos Bolza

A $78 million class action against National Australia Bank and Walton Construction seeking compensation for sub-contractors after the company’s collapse has halted as lawyers scramble to comply with the managed investment scheme requirements for funded class actions implemented by the Morrison government.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a ā€œgambleā€ on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Forum Finance director faces $300,000 legal bill, can’t mount defence, court told
Financial Services 2021-09-22 9:42 pm By Cindy Cameronne

A Forum Finance director is unable to file a defence against Westpacā€™s $400 million fraud case because his former solicitor has refused to hand over case files to his new lawyers until he pays a ā€œremarkableā€ $300,000 legal bill, a court has heard.

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NSW Police launch investigation into Forum Finance
Financial Services 2021-09-13 2:57 pm By Cat Fredenburgh

The NSW Police have commenced an investigation into Forum Finance and director Bill Papas, which have been accused by Westpac, French investment bank Societe Generale and Japanese bank SMBC of a $400 million fraud.

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Halifax investors file Full Court appeal to boost recovery
Restructuring & Insolvency 2021-09-13 1:50 pm By Christine Caulfield

Approximately 1,000 investors of collapsed stockbroker Halifax Investment Services have challenged a court decision concerning the date of the realisation of their investments which decreased the amounts they could recoup from the company’s liquidation.

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Global banks sued for withdrawing support for Jabiru satellite
Financial Services 2021-09-07 5:55 pm By Cindy Cameronne

Eight major banks, including Credit Suisse, Deutsche Bank and Citicorp, are facing a lawsuit for withdrawing financial support for a project to build and launch the first independently owned satellite in Australia.

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Shareholders fail to prove loss from Babcock & Brown disclosure breaches
Financial Services 2021-09-06 11:49 am By Christine Caulfield

Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.

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Forum Finance liquidators win court ok to sell $1.2M luxury yacht
Restructuring & Insolvency 2021-09-03 9:57 pm By Miklos Bolza

Liquidators for Forum Finance have won court approval to sell a $1.2 million Mangusta luxury yacht as well as 12 properties owned by various companies within the Forum Group.

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‘Just a hope and a dream’: Judge threatens to toss ex-Linchpin directorā€™s appeal of ASIC ban
Financial Services 2021-08-20 4:51 pm By Cindy Cameronne

A judge has blasted an ex-Linchpin directorā€™s delay in appealing a five-year disqualification ordered by ASIC and threatened to dismiss the appeal after he failed to comply with court orders.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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