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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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Garuda Airlines immune from creditor’s winding up bid, High Court says
High Court 2024-06-05 11:08 pm By Sam Matthews

The High Court has dismissed an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.

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Mawhinney must pay $1.3M to continue suit against McGrathNicol receivers
Real Estate 2023-09-11 5:09 pm By Cindy Cameronne

Mayfair 101 founder James Mawhinney must pay $1.3 million in security within six weeks or a case brought on behalf of his property management group Mainland against a lender and two McGrathNichol receivers will be thrown out. 

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Despite conflicts, ASIC loses fight over insolvency partners’ remuneration
Restructuring & Insolvency 2023-09-01 11:04 pm By Christine Caulfield

Two former Ferrier Hodgson partners had conflicts of interest when they accepted appointments as administrators of a failed pig farm operation, an appeals court has found, but their remuneration won’t take a hit as a result.

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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Astora’s sudden fall into bankruptcy amid pelvic mesh class action ‘troubling’, judge says
Class Actions 2022-10-26 4:55 pm By Cindy Cameronne

A judge has stayed a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices after Astora Women’s Health filed for bankruptcy in the United States, but questioned how the company had suddenly come to have no assets.

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Creditors of LGL Commodities may have case against lawyers, judge says
Restructuring & Insolvency 2021-04-21 3:35 pm By Christine Caulfield

Creditors of LGL Commodities might have a right of action against solicitors for the company’s liquidators for failing to comply with court orders and omitting evidence in a case against a former director, a judge has ruled.

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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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