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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Court shoots down Prime Trust liquidators’ bid for global proof of debt to compensate unitholders
Restructuring & Insolvency 2021-02-18 2:21 pm By Miklos Bolza

The liquidators of retirement village group Australian Property Custodian Holdings, which went into administration in 2010 owing $948 million, have had their proposal to compensate unitholders under a global proof of debt rejected by a judge, who called the plan vague and “unsatisfactory”.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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‘Sad and tragic’: Court winds up Mayfair’s IPO Wealth Fund
Restructuring & Insolvency 2020-09-17 5:53 pm By Miklos Bolza

A  judge has ordered 17 companies connected to Mayfair’s “failed” IPO Wealth Fund to be wound up after finding the fund’s director put investor money at risk through “highly speculative” investments to make a windfall for himself.

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Mayfair director should not be put in charge of other people’s money, court told
Restructuring & Insolvency 2020-09-16 7:09 pm By Miklos Bolza

Companies associated with Mayfair’s IPO Wealth Fund should be wound up because they contained assets “artificially inflated” in value and ran what was effectively a Ponzi scheme, the Victoria Supreme Court has heard.

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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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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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Race car driver Max Twigg misappropriated $100M in family trust fund fortune, court finds
Sports 2020-09-01 6:02 pm By Miklos Bolza

Race car driver and former owner of the famous Byron Bay Hotel, Max Twigg, misappropriated around $100 million in family trust money, taking steps to conceal the transfer of funds from his mother, a court has found.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Financial Services 2020-02-27 10:28 pm By Cat Fredenburgh

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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