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‘The scheme has failed’: Court appoints provisional liquidators to Mayfair’s IPO Wealth
Financial Services 2020-07-02 12:46 pm By Miklos Bolza

A court has appointed provisional liquidators to the IPO Wealth Group, rejecting claims by the firm’s sole director that the move would severely damage his reputation and that of the wider Mayfair group.

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Mayfair 101 founder denies troubled fund a Ponzi scheme
Financial Services 2020-06-30 4:26 pm By Miklos Bolza

The embattled founder of Mayfair 101 investment group has denied allegations that its $80 million IPO Wealth fund is a failed Ponzi scheme as he fights the appointment of a provisional liquidator to the fund.

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Mark Elliott’s bank records sought in Banksia class action fee dispute
Class Actions 2020-06-30 4:17 pm By Alison Eveleigh

A contradictor investigating alleged professional misconduct on the part of the legal team and funder behind a class action against failed Banksia Securities will subpoena the bank records of deceased class action lawyer and funder Mark Elliott and associated companies. Meanwhile, the barrister for the lead applicant has returned her brief on the eve of trial, on the advice of the bar ethics committee.

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Crippled by COVID-19, swimwear brand Seafolly enters administration
Restructuring & Insolvency 2020-06-29 10:37 pm By Christine Caulfield

Citing the “crippling financial impact” of the coronavirus pandemic, Australian swimwear company Seafolly has become the latest fashion retailer to enter voluntary administration.

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Court tosses appeal over botched $1.4B Babcock & Brown acquisition
Corporate 2020-06-29 9:27 pm By Alison Eveleigh

A private investment fund has failed again in its bid for damages from collapsed global advisory firm Babcock & Brown over a botched $1.4B acquisition of a US-based laundry equipment provider.

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Virgin administrators sign deal with Bain Capital to buy struggling airline
Restructuring & Insolvency 2020-06-26 10:35 am By Christine Caulfield

Virgin’s administrators have reached a deal with Bain Capital to buy the airline and its subsidiaries, saying Friday US investment firm had made a “strong and compelling” bid to keep Australia’s second airline operating and secure the jobs of thousands of workers.

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Corporate insolvency partner scores partial win on appeal in breakup spat
Restructuring & Insolvency 2020-06-25 5:29 pm By Miklos Bolza

A challenge to a judgment which found that one partner of a corporate insolvency firm “ambushed” the other to leave the business has been partially overturned by an appeals court.

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Court allows debt-laden Thai Airways to temporarily avoid Australian asset seizure
Restructuring & Insolvency 2020-06-23 5:21 pm By Miklos Bolza

A court has granted a bid by two directors of Thai Airways to preserve the airline’s Australian assets as the company, which was hit hard due to the COVID-19 pandemic, undergoes an urgent restructure in Thailand.

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Bain, Cyrus make final offers for Virgin
Restructuring & Insolvency 2020-06-22 2:35 pm By Christine Caulfield

Final bids for Virgin Australia were lodged on Monday by investment firm Bain Capital and private equity investor Cyrus Capital Partners, and the struggling airline’s administrators are giving themselves a week to pick a winner.

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High standards: Challenging a DOCA that compromises a litigation claim
Expert Insights 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.

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