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Funder takes all in Equititrust settlement with KPMG, creditors get nothing
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".
Employees are priority creditors of insolvent trading trustees, High Court rules
The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.
Former MFS boss gets 10% off penalty for $147.5M misappropriation
A court has trimmed 10% off a $300,000 penalty against the former CEO of failed Gold Coast finance company MFS Group, after he successfully argued his role in the misappropriation of $147.5 million in trust funds was not as an officer of the company.
Government to fund examination of JM Kelly’s web of inter-company loans
The Commonwealth has agreed to fund a public examination into the affairs of collapsed Queensland-based construction group JM Kelly, after liquidators uncovered a complicated web of inter-company loans.
Judge takes ax to $5.7M bill by liquidators of SK Foods units
A court has taken an ax to the final bill by liquidators of three failed subsidiaries of multi-national agribusiness SK Foods Group, lopping off 30 per cent after a successful intervention by the corporate regulator, which called the more than $5.7 million claimed by the liquidators excessive.
AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company's insolvency.
ACCC to seek $4M in refunds for Jump! swim school franchisees
The Australian Competition and Consumer Commission will seek more than $4 million in refunds plus penalties when it takes the troubled operator of the Jump! Swim School franchise and its top executive to court for alleged violations of the Australian Consumer Law.
Ex-Hastie Services CEO says nothing ‘dodgy’ about orders to close earnings gap
The former chief executive officer of Hastie Services has admitted to asking staff to make up for a shortfall between forecast and actual profits at the firm, but claims he made the order with the expectation it would be done legally, the jury hearing a criminal case against him was told.
Ex-CFO of Octaviar unit charged with $4.6M fraud
The former chief financial officer of a unit of collapsed Gold Coast finance company Octaviar Investments is facing fraud charges for allegedly misappropriating more than $4.6 million in company funds for his personal use.
Key witness in Hastie Services execs’ trial pointed the finger to save herself, jury hears
A former finance manager from Hastie Services and key witness for the prosecution in the criminal trial against two of the company's former executives only pointed the finger at former COO Ian Thompson to avoid jail time herself, a jury has heard.