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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Class Actions 2021-06-08 4:24 pm By Christine Caulfield

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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Phoenix Institute files lawsuit accusing directors of duty breaches
Education 2021-06-03 12:43 pm By Cindy Cameronne

Failed vocational education provider Phoenix Institute has taken three of its former directors to court claiming they breached the Corporations Act in the lead-up to its collapse and should compensate the company.

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Liquidator of Fogo Brazilia faces ouster for retaining law firm investigating class action
Restructuring & Insolvency 2021-05-24 6:09 pm By Miklos Bolza

The liquidator of restaurant chain Fogo Brazilia has been ordered to hand over communications with law firm Levitt Robinson as creditors seek to oust him from his role over alleged breaches of duty relating to a class action investigation.

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Grant Thornton can bring cross-claim against Forge Group
Professional Negligence 2021-05-21 9:35 pm By Cat Fredenburgh

Grant Thornton has won approval to a bring a cross-claim against Forge Group, just three months ahead of trial in the collapsed engineering company’s case against the accounting firm and ten former directors for their alleged negligence in relation to its “uneconomic” purchase of CTEC in 2012.

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EY’s ‘surprising’ switch from Allens to Holding Redlich delays suit over Penrice audits
Ernst & Young 2021-05-20 11:29 pm By Cat Fredenburgh

Ernst & Young has delayed in filing its evidence in a lawsuit by Sydney-based investment firm London City Equities over its auditing of collapsed soda ash maker Penrice after hiring Holding Redlich to replace Allens just a few months before a mediation deadline.

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Worrells partner wins costs from ASIC for incoherent pleading
Restructuring & Insolvency 2021-05-14 3:22 pm By Cat Fredenburgh

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

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Gadens wins privilege fight over ‘malicious’ letter to building regulator
Construction 2021-05-13 5:26 pm By Cindy Cameronne

The director of building company Modscape has lost his bid to access Gadens’ advice concerning an allegedly false and malicious letter sent to the Victorian Building Authority that questioned his financial probity.

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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Binetter family members sue trustees of Nudie co-founder’s estate for settlement details
Restructuring & Insolvency 2021-05-05 7:02 pm By Cindy Cameronne

Members of the Binetter family have filed proceedings against the bankruptcy trustees for the estate of Emil Binetter, the late founder of juice company Nudie, seeking documents on settlements they have reached in cases over debts or losses claimed against the family.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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