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Ochre liquidator can serve missing directors by email, judge says
Restructuring & Insolvency 2024-01-26 1:46 pm By Sam Matthews

A judge has given a liquidator the green light to use substituted service to serve court documents on two directors of failed iron ore producer Ochre Group whose exact whereabouts are unknown, amid concerns about transactions leading up to the company’s collapse.

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Canberra developers can’t muzzle ASIC over disqualification
Real Estate 2024-01-25 10:24 pm By Cindy Cameronne

Two former directors of a Canberra property development group have lost their bid to bar ASIC from announcing their disqualification, with a tribunal finding this would keep financiers and creditors ā€œin the darkā€ and make the market less transparent.

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Businesses should brace for roll-on effects of COVID-19, says insolvency expert
Restructuring & Insolvency 2024-01-23 11:30 pm By Cindy Cameronne

COVID-19 lockdowns may have ended years ago but the impacts on small businesses are only now being seen, with larger companies likely to suffer a ā€œcontagion effectā€ in 2024, says K&L Gatesā€™ newest partner.

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Insurers dragged into PwC class action over $50M bond prospectus
Class Actions 2024-01-12 2:55 pm By Sam Matthews

Over three years into a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has won the green light to add four insurers to the case.Ā 

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Linchpin Capital directors hit with $390,000 in penalties
Financial Services 2024-01-10 10:05 pm By Sam Matthews

Four current and former Linchpin Capital directors have been disqualified from heading up companies and hit with a combined $390,000 in penalties, after a judge found they improperly used their positions as directors to line their own pockets.

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Grocon’s back-atcha argument on privilege fails in Barangaroo spat with Infrastructure NSW
Construction 2023-12-14 4:24 pm By Sam Matthews

Grocon has lost yet another argument over documents in its lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its bid to access material over which the government agency claimed privilege and public interest immunity.Ā 

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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PwC class action by Axsesstoday bondholders wants to add insurer, 3 years in
Class Actions 2023-12-04 11:29 pm By Christine Caulfield

More than three years after filing a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has asked a court to file a new statement of claim that will join insurer Dual Australia to the case.

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Gilbert + Tobin bolsters restructuring practice with Clayton Utz partner hire
Restructuring & Insolvency 2023-12-04 11:55 pm By Christine Caulfield

Gilbert + Tobin has lured partner Orla McCoy from Clayton Utz to co-head the law firm’s leading restructuring and insolvency team, strengthening the practice to over 18 core lawyers.

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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