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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Appeals 2019-06-14 9:13 pm By Cat Fredenburgh

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.

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ACCC to seek $4M in refunds for Jump! swim school franchisees
Competition & Consumer Protection 2019-06-11 11:03 pm By Cat Fredenburgh

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.

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Ex-Hastie Services CEO says nothing ‘dodgy’ about orders to close earnings gap
Clayton Utz 2019-06-04 10:03 pm By Miklos Bolza

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.

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Ex-CFO of Octaviar unit charged with $4.6M fraud
ASIC 2019-06-04 1:02 pm By Cat Fredenburgh

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.

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Key witness in Hastie Services execs’ trial pointed the finger to save herself, jury hears
Clayton Utz 2019-06-03 8:50 pm By Miklos Bolza

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.

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ASIC wins case against Vocation, former execs after 15-month wait for judgment
Alec Leopold 2019-05-31 6:21 pm By Miklos Bolza

In a win for the corporate watchdog, a court has found collapsed education provider Vocation engaged in misleading and deceptive conduct and breached its continuous disclosure obligations by failing to inform shareholders of problems with a large government contract.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Arnold Bloch Leibler 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Ex-Hastie Services CEO ordered ‘raid’ on balance sheets to make up targets, court hears
Class Actions 2019-05-30 5:19 pm By Miklos Bolza

The former CEO of a unit of collapsed construction firm Hastie Group told staff to “raid the balance books” to make up financial targets linked to his bonus, prosecutors said at the outset of a two-month criminal trial.

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KPMG settles lawsuits by Equititrust liquidators accusing accounting firm of negligence
Accounting 2019-05-28 3:54 pm By Miklos Bolza

The liquidators of Gold Coast fund manager Equititrust are seeking court approval of a confidential settlement of two proceedings brought against KPMG for allegedly failing to properly audit the firm prior to its collapse.

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High Court declines funder’s appeal of $64M Banksia settlement approval
Appeals 2019-05-24 1:23 pm By Cat Fredenburgh

The High Court will not review an appeals court’s decision to approve a $64 million settlement in litigation over the failure of Banksia Securities while rejecting the funder’s commission and legal fees.

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