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Lehman liquidator files $40M lawsuit against Fitch following class action discovery
Class Actions 2019-12-12 1:12 pm By Cat Fredenburgh

The Australian liquidator of Lehman Brothers has filed a lawsuit seeking $40 million from Fitch Ratings for assigning too-rosy ratings to toxic financial products sold by the bank, following the discovery of a hidden table in Fitch’s rating model by the lawyers leading a now-settled class action against the accounting firm.

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Suncorp unit can force reversal of Coverforce acquisition, court says
Corporate 2019-12-10 9:52 pm By Christine Caulfield

The head of Australia’s largest unlisted insurance broker, Coverforce, may face a future damages claim for misleading or deceptive conduct if a recent acquisition of former Suncorp unit Resilium is not reversed, a court has found.

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Judge greenlights $16.5M Forge class action settlement
Class Actions 2019-12-10 11:29 am By Christine Caulfield

A judge has signed off on a $16.5 million settlement of a shareholder class action against collapsed engineering and construction company Forge Group.

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‘Reasonable chance’ of settlement in Dick Smith class actions
Class Actions 2019-12-06 12:31 pm By Cat Fredenburgh

There is a “reasonable chance” that two shareholder class actions against failed electronics retailer Dick Smith will settle by February of next year, group members have learned.

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Judge allows hindsight evidence in lawsuit over Metal Storm’s collapse
Restructuring & Insolvency 2019-12-04 3:09 pm By Miklos Bolza

A US institutional investor can use hindsight evidence in its breach of contract case against a former ANZ Bank trustee over the winding up of failed defence tech firm Metal Storm.

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Arrium liquidators to keep up fight with shareholders over questioning of ex-director
Restructuring & Insolvency 2019-12-03 10:31 pm By Cat Fredenburgh

Liquidators of collapsed steel and mining company Arrium will challenge a ruling that gave shareholders the greenlight to question a former director to mount a possible class action, and have secured a limited stay of the judgment to lodge a notice of appeal.

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Court finds Atlas liquidators entitled to view Ashurst advice
Restructuring & Insolvency 2019-12-02 3:16 pm By Miklos Bolza

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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Full Federal Court gets chance to weigh in on market-based causation
Appeals 2019-11-21 4:16 pm By Cat Fredenburgh

Shareholders have appealed a ruling that found a “serious problem” with market-based causation and dismissed three cases against the liquidator of failed global financial services firm Babcock & Brown.

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Arrium liquidators can’t stop shareholders from grilling exec for possible class action
Restructuring & Insolvency 2019-11-20 11:48 pm By Christine Caulfield

Shareholders of collapsed steel and mining giant Arrium have won the OK to question a one-time director over possible class action claims that former officers misled the market and that auditor KPMG was negligent in preparing a healthy financial report just two years before the company went under.

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Multiplex wants Hastie liquidators to pay up for betting on set-off limitation
Restructuring & Insolvency 2019-11-15 10:33 pm By Christine Caulfield

Multiplex is calling for the liquidators of collapsed engineering services group Hastie to pay its costs, and pay now, for pursuing an action to recover millions of dollars in unpaid bills on the grounds that the construction company was not entitled to offset its debts with amounts owing.

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