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Ernst & Young faces $12M damages claim over collapse of soda ash maker Penrice
Financial Services 2020-09-15 11:58 am By Cat Fredenburgh

Ernst & Young is facing a claim for $12 million damages in a lawsuit over its auditing of collapsed soda ash maker Penrice.

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New rules for funders of insolvency claims: Business as usual for some, not for all
Expert Insights 2020-09-14 11:44 pm By Editor

Recent changes in the Australian regulation of third-party funders will have a dramatic effect on the funding of certain disputes. Although these changes were accompanied by Government and industry commentary that they would not affect litigation funding for insolvency-related claims, this may not be the case for all insolvency funding arrangements, writes Lina Kolomoitseva of funder Litigation Capital Management.

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ā€˜An indulgenceā€™: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliottā€™s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ā€˜an indulgenceā€™.

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Trial in Mayfair 101 case vacated as ASIC expands misrepresentation claims
Financial Services 2020-09-09 1:50 pm By Christine Caulfield

The trial scheduled for this month in ASIC’s case against the Mayfair 101 group has been pushed off as the regulator adds claims that the troubled investment firm misled investors and director James Mawhinney briefs lawyers to represent his companies.

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Court bars Mayfair’s Mawhinney from talking to investors ahead of wind up battle
Financial Services 2020-09-07 5:02 pm By Miklos Bolza

Mayfair director James Mawhinney has been blocked from talking to investors ahead of a hearing on an application to wind up the IPO Wealth fund, after a judge raised concerns about investors being “misled and coerced” by the investment hotshot.

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Virgin ordered to fly engines to US, as creditors sign off on $3.5B sale to Bain
Restructuring & Insolvency 2020-09-04 7:44 pm By Alison Eveleigh

Virgin Australia has been ordered to return four jet engines to the United States, after a court found the embattled airline and its administrators failed to properly hand over the engines and other equipment to their owners.

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Equititrust lawsuit on shaky ground after judge rejects Vannin’s choice of security
Restructuring & Insolvency 2020-09-03 5:41 pm By Miklos Bolza

The receivers for funds manager Equititrust, who are suing the name partners of law firm Tucker & Cowen, have failed in their bid to have further security for costs paid in the form of deeds of indemnity, despite telling the court that funder Vannin might withdraw its support for the litigation.

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Judge slams Mayfair director’s misleading comments to investors
Restructuring & Insolvency 2020-09-03 5:05 pm By Miklos Bolza

A judge has criticised “inflammatory” and misleading comments Mayfair 101’s director made to investors regarding attempts to wind up firms associated with the IPO Wealth investment scheme.

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Mayfair 101ā€™s Mawhinney accuses ASIC of misleading the court in ex-parte hearing
Financial Services 2020-09-02 3:03 pm By Alison Eveleigh

A self-represented James Mawhinney, the director of troubled Mayfair 101 director, has accused ASIC in court of misleading the judge in an ex-parte application brought in August that saw provisional liquidators appointed to the investment firm and Mawhinney banned from transferring assets out of Australia.

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ASIC takes Linchpin Capital directors to court over mismanaged investment funds
Financial Services 2020-08-27 9:28 pm By Christine Caulfield

The Australian Securities and Investments Commission has brought legal proceedings against four directors of Linchpin Capital Group, the latest action over the financial services firm that allegedly funnelled $11 million of investor funds into unauthorized business and personal loans.

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