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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Insolvency relief not enough to hold back potential ‘tsunami’ of company failures
Restructuring & Insolvency 2020-03-24 12:55 pm By Christine Caulfield

Measures to relax insolvency and bankruptcy laws to stem a possible wave of COVID-19 company collapses will not achieve their goal — and if Australia enters a European-style lockdown it won’t be a wave of insolvencies, it will be a tsunami, Lawyerly has been told.

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‘One hearing and two interlocutory judgments have achieved precisely nothing’: Judge scolds parties in Parklea Market dispute
Real Estate 2020-03-23 6:23 pm By Miklos Bolza

A judge has criticised the parties in a land sale dispute over Sydney’s Parklea Markets for failing to make progress to bring the case to a close, almost three months after a $4.25 million judgment was awarded to a company owned by local retail personality Con Constantine.

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Coronavirus claims first retail victim as Tigerlily files for administration
Restructuring & Insolvency 2020-03-23 5:07 pm By Cat Fredenburgh

Australian swimwear retailer Tigerlily has filed for voluntary administration, citing unfavourable conditions for retailers as the coronavirus pandemic shutters all but non-essential services in major states.

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Insolvency, bankruptcy laws relaxed as government tries to keep businesses afloat
Restructuring & Insolvency 2020-03-22 9:11 pm By Christine Caulfield

Companies under financial strain from measures to stop the spread of the coronavirus will get a reprieve from insolvency and bankruptcy laws as the Federal Government looks to stem a possible tide of company collapses.

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Former Russells solicitor resolves case against firm
Employment 2020-03-20 9:45 pm By Cat Fredenburgh

A former Russells restructuring and insolvency lawyer has resolved a lawsuit alleging the firm tried to manufacture a reason to terminate his unemployment.

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ACCC can pursue car rental company for threatening customers despite liquidation
Competition & Consumer Protection 2020-03-12 4:38 pm By Christine Caulfield

The ACCC has been given the go-ahead to continue its regulatory action against car rental company Australian 4WD Hire over allegedly threatening emails, three months after the firm went into voluntary liquidation.

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Sydney law firm hit with $2M class action over Ralan property advice
Class Actions 2020-03-11 5:21 pm By Miklos Bolza

A class action seeking almost $2 million in damages has been launched on behalf of Australian-Chinese investors against a Sydney law firm over advice on investment properties sold by the now collapsed developer Ralan Group.

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Liquidator criticised for ‘inheriting improper purpose’ in seeking to grill NRL boss
Restructuring & Insolvency 2020-03-06 6:22 pm By Miklos Bolza

A judge has set aside a liquidator’s bid for public examination of National Rugby League boss Todd Greenberg and another high-ranking officer, finding the summonses were an “abuse of process” and that the company behind them had entered into liquidation for the sole purpose of grilling the officials.

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