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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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Law firm ordered to cease acting in $51M property spat with ex-client
Legal Ethics 2021-02-15 3:59 pm By Spencer Fowler Steen

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Law firm, barrister face negligence trial over client’s loss in $24.5M property spat
Professional Negligence 2021-01-28 4:15 pm By Miklos Bolza

A Melbourne law firm and barrister will soon face trial over allegations of breach of fiduciary duty brought by a former client who lost a lawsuit over a $24.5 million property joint venture.

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Millionaire couple sues developer over artistic rendering of $10M dream home
Real Estate 2021-01-28 4:00 pm By Spencer Fowler Steen

The wealthy owners of a Melbourne shoe manufacturer are taking a unit of property developer JD Group to trial this week, alleging “artist impressions” of a nearly $10 million off-the-plan high rise inner city apartment were misleading and deceptive.

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Daughter of property data pioneer Ray Catelan prevails in fight over Excelsior shares
Securities 2021-01-15 5:17 pm By Spencer Fowler Steen

The daughter of property data pioneer Ray Catelan has won a legal fight with Excelsior shareholders over claims she acquired a controlling share of the real estate private equity firm while in possession of inside information that caused a dramatic spike in the company’s share price after it went public.

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Settlements in investor class actions against financial advisory firm get court OK
Class Actions 2020-12-21 1:39 pm By Christine Caulfield

A judge has signed off on settlements in two class actions against a defunct Sydney-based financial advisory firm by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $30 million in funds.

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HWL Ebsworth defeats negligence lawsuit over Sydney land tender
Professional Negligence 2020-12-09 1:58 pm By Miklos Bolza

HWL Ebsworth has successfully defended a negligence lawsuit over the $25.5 million sale of Crown-owned Sydney land to property developer PPK Group, with a court finding that the developer was actually “better off” because of the transaction.

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Clive Palmer ends legal battle with Coolum Resort villa owners
Real Estate 2020-11-24 9:12 am By Christine Caulfield

Billionaire Clive Palmer has reached a deal to end his many legal woes with villa owners at the shuttered Palmer Coolum Resort in Queensland, a month after his $21 million settlement offer was rejected.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
COVID-19 2020-11-03 5:08 pm By Miklos Bolza

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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