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High Court guts peak indebtedness rule in loss for Gunns creditor
Appeals 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
Andrew Palmer 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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‘Disastrous’ GetSwift class action settlement revised down to $1M
Alan Shearer 2022-12-20 4:47 pm By Cat Fredenburgh

A $1.5 million class action settlement against failed logistics provider GetSwift, which a judge termed a “disaster”, has been revised down to $1 million and may face a liquidators’ challenge that could see a group members recover nothing.

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Insurer Bond & Credit Company fires cross-claims at Greensill
Chief Justice James Allsop 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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Banksia judge faces possible recusal bid by companies linked to silk’s wife
Class Actions 2022-11-28 3:21 pm By Christine Caulfield

The judge whose ruling against the legal team behind the Banksia class action fraud helped redeem the battered reputation of the civil justice system may be asked to disqualify himself from the final fight in the drawn out case.

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KPMG’s push to move Arrium class action to NSW goes south
Accounting 2022-11-18 11:43 pm By Christine Caulfield

The High Court has dismissed an application by accounting giant KPMG to transfer a class action over the collapse of mining company Arrium from Victoria to NSW.

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GetSwift liquidators flag challenge to settlement in ‘disastrous’ class action
Alan Shearer 2022-11-17 4:18 pm By Cindy Cameronne

Liquidators of failed tech company GetSwift have foreshadowed an objection to a $1.5 million settlement going to shareholders in a class action that a judge has labelled a “disaster”.

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Former van Eyk Research CEO sentenced over plot to keep control of firm
Article 2022-11-16 11:12 pm By Christine Caulfield

Former CEO of failed van Eyk Research has been sentenced to 15 months’ imprisonment after admitting he breached his duties as director of a subsidiary to dishonestly retain control of the company.

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Companies linked to Banksia class action fraudsters should pay up, court told
Class Actions 2022-11-15 3:22 pm By Christine Caulfield

Dead or broke, the class action lawyers who schemed to defraud investors in failed Banksia Securities should not escape a $21 million judgment for damages and costs, a court has heard.

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