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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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Westpac reaches $750,000 settlement with Forum Finance director’s father
Financial Services 2023-09-01 10:32 pm By Cat Fredenburgh

Westpac has settled its claims against the father of Forum Finance director Vince Tesoriero, who along with fellow director Bill Papas is accused of perpetrating a $400 million fraud against the bank to fund their lavish lifestyles.

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NAB class action seeks to bring ‘very serious’ new fraud allegations
Class Actions 2023-08-25 2:25 pm By Cindy Cameronne

NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.

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ASIC suffers significant loss in ‘illegal phoenix’ case against liquidator
Restructuring & Insolvency 2023-08-18 11:32 pm By Christine Caulfield

The corporate regulator has failed in its case targeting an individual insolvency practitioner for alleged illegal phoenix activity.

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Dixon Advisory class action loses novel bid for docs to use in mediation
Class Actions 2023-08-14 10:46 pm By Cindy Cameronne

A judge has refused a lead applicant’s novel bid for financial information to use at settlement discussions in a group proceeding against Dixon Advisory.

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In ‘significant’ ruling, CuDeco class action wins access to full KPMG audit report
Class Actions 2023-08-11 12:39 pm By Sam Matthews

A judge has ordered KPMG to turn over its complete audit files for CuDeco in a shareholder class action against the defunct mining company’s former company directors and the accounting firm over allegedly misleading statements about the value of ore reserves at CuDeco’s Rocklands mines in Queensland.

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Penalty privilege can’t be used to dodge production of books
Restructuring & Insolvency 2023-08-10 12:49 am By Sam Matthews

A judge has found that penalty privilege cannot be used to avoid the production of books under the Corporation Act.

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Dispute over barrister’s fee estimates goes to High Court
Business of Law 2023-08-09 10:00 pm By Sam Matthews

A barrister is taking a dispute over his $320,000 bill to the High Court, but a judge has cast doubt on the appeal’s prospects of success.

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Judge pushes off dispute over Melissa Caddick’s $12,000 Dior sneakers
Restructuring & Insolvency 2023-08-02 10:40 pm By Sam Matthews

The judge overseeing the receivership of Melissa Caddick’s estate has pushed off a dispute about a collection of sneakers held by the deceased fraudster’s teenaged son, including one pair that could be worth up to $12,000.

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White & Case nabs head of Clayton Utz’s insolvency group
Business of Law 2023-07-31 8:22 pm By Sam Matthews

Global firm White & Case has recruited two senior lawyers from Clayton Utz to head up its newly established financial insolvency practice in Australia.

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