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Funder takes all in Equititrust settlement with KPMG, creditors get nothing
Restructuring & Insolvency 2019-06-20 9:10 pm By Miklos Bolza

The approval of a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG has been postponed to allow time to notify creditors and unitholders that they won’t see a cent, an outcome the judge called “a long way from litigation in any traditional sense”.

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Spain to claim sovereign immunity in suit over $392M arbitration award
Arbitration 2019-06-13 7:57 pm By Miklos Bolza

The Kingdom of Spain is contesting attempts to enforce two arbitration awards worth $392 million in the Federal Court, claiming sovereign immunity as it attempts to shut the proceedings down.

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KPMG settles lawsuits by Equititrust liquidators accusing accounting firm of negligence
Restructuring & Insolvency 2019-05-28 3:54 pm By Miklos Bolza

The liquidators of Gold Coast fund manager Equititrust are seeking court approval of a confidential settlement of two proceedings brought against KPMG for allegedly failing to properly audit the firm prior to its collapse.

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“I’d be happy to mediate it myself”: Judge cheers talks in Fitch class action
Class Actions 2019-05-23 7:52 pm By Miklos Bolza

Parties in an ongoing four-and-a-half year long investor class action against Fitch Ratings have agreed to a second round of mediation after a prior attempt was adjourned without success.

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Judge signs off on $30M settlement in liquidator’s LM Investment case
Restructuring & Insolvency 2019-05-23 3:16 pm By Christine Caulfield

A Queensland Supreme Court judge has given the green light for a $30 million settlement of a liquidator’s case against failed financial services firm LM Investment Management, saying the result was appropriate and “a matter of some public interest”.

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Class action applicant can’t bring ‘shambolic’ case over side deal with funder
Class Actions 2019-05-22 9:23 pm By Amelia Birnie

One of two lead applicants in the settled Arasor shareholder class action has been denied leave to be heard over its $1 million personal expenses dispute with litigation funder International Litigation Partners after missing a filing deadline, with a judge calling its handling of the case “shambolic”.

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High Court to clarify meaning of ‘officer’ under Corporations Act
Appeals 2019-05-21 2:46 pm By Cat Fredenburgh

The High Court has granted ASIC special leave to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, after ASIC argued the High Court should intervene to clarify the scope of the word “officer” under the Corporations Act.

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Trial in Fitch Ratings class action delayed a second time
Class Actions 2019-05-13 10:43 pm By Cat Fredenburgh

A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month’s scheduled trial in the case by three months and forced the court to send the parties’ experts into conclaves.

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Judge shoots down ASIC’s ‘amorphous’ request for inquiry into liquidators
Restructuring & Insolvency 2019-05-10 3:24 pm By Miklos Bolza

A judge has dismissed an application by the Australian Securities and Investments Commission to investigate two Sydney-based liquidators, saying the regulator had failed to prove its suspicions about the pair.

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High Court refuses special leave to losing GetSwift class action
Appeals 2019-04-18 10:48 am By Christine Caulfield

The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.

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