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In win for construction industry, court finds SOPA available to insolvent companies
Restructuring & Insolvency 2023-03-02 2:34 pm By Christine Caulfield

In a landmark ruling, the NSW Supreme Court has found the Security of Payment Act is available to insolvent builders to pursue debts, despite an amendment to the law that prevents construction companies in liquidation from enforcing payment claims.

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King & Wood Mallesons points finger at rival law firm in Halifax negligence case
Professional Negligence 2023-02-24 11:21 pm By Cindy Cameronne

King & Wood Mallesons has denied the claims in a lawsuit by defunct stockbroker Halifax Investment Services alleging it failed to advise it of an obligation to hold client funds on trust, and has said another law firm should also take the blame if it is found negligent.

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Slew of insurers targeted in Virgin bond holders class action
Class Actions 2023-02-24 4:51 pm By Cat Fredenburgh

A class action accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a $324 million capital raising is seeking to join a slew of the airline’s insurers to the case.

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More criminal charges filed over $180M Courtenay House Ponzi scheme
White Collar 2023-02-22 3:10 pm By Cat Fredenburgh

A third individual has been hit with criminal charges in relation to collapsed investment management fund Courtenay House, which ASIC alleges was run as a $180 million Ponzi scheme.

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Ex-Big Un CEO charged with insider trading after ASIC investigation
White Collar 2023-02-14 6:15 pm By Cindy Cameronne

The former CEO of Big Un Limited has been hit with criminal charges and could face up to ten years in prison after he allegedly communicated inside information about the failed video company. 

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Vannin Capital wins $44.5M judgment against Clive Palmer companies
Contracts 2023-02-10 10:48 pm By Cat Fredenburgh

Clive Palmer’s Queensland Nickel and three other Palmer-related entities have been ordered to pay $44.5 million (US$30.8 million) to litigation funder Vannin Capital for defaulting on a loan for a private jet.

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High Court guts peak indebtedness rule in loss for Gunns creditor
High Court 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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Barrister loses costs review after fee estimate blows out by 480%
Business of Law 2023-02-07 5:34 pm By Cindy Cameronne

A Sydney barrister who charged $349,360 after giving an estimate of $60,000 for work on a bankruptcy case has lost his bid for a costs review after his fee was slashed, with a judge finding his client could not make an informed choice about her representation.

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Class action funder’s son drops appeal of ruling linking him to Banksia scam
Class Actions 2023-02-01 4:59 pm By Christine Caulfield

The son of the lawyer behind the Banksia Securities class action has effectively abandoned his appeal of a court judgment that found he knowingly and actively assisted his father in a fraudulent scheme to pocket almost $20 million in inflated fees and commission.

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Insurer Bond & Credit Company fires cross-claims at Greensill
Insurance 2022-12-20 2:58 pm By Cindy Cameronne

Insurer Bond & Credit Company is seeking to join Greensill Group to three lawsuits over the financing firm’s $1.7 billion collapse in March 2020, while Greensill has foreshadowed its own cross-claims against Insurance Australia Group.

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