Litigation Funding

Cussen to enter litigation funding fray

Ex-FEG litigation guru Stephen Humphreys. Clover Risk Funding’s Neil Cussen. Cor Cordis partner Neil Cussen is striking out on a new career path, joining with former FEG litigation operative Stephen Humphreys to launch a best-in-practice litigation fund targeting claims under $10 million. Speaking to iNO this week Humphreys confirmed he and Cussen were negotiating how to team up at Clover Risk Funding, though he said…


Commissioner fiddled as claims deadline burned

Steven Golledge SC. The Commissioner of Taxation’s (CoT) ears would’ve been aflame last week as Steven Golledge SC excoriated the highest tax officer in the land for repeatedly failing to preserve claims to millions lost to illegal phoenixing. As iNO reported in Banq Jurisdiction Case Could Limit Late Start Litigation, ex-clients of the controversial Banq Accountants & Advisers are seeking to overturn the basis on…


Ex-administrators encountering potholes

Hall Chadwick partner Blair Pleash. Hall Chadwick’s Richard Albarran. Some of Hall Chadwick’s finest have encountered potholes recently in their regular transit through insolvency’s rougher reaches. iNO’s readers may recall our reports of two separate appointments from which Hall Chadwick partners were separated from the fee teat by court orders, wielded machete-like by judges unconvinced by evidence served up to justify the administrators’ installation. In…


Queensland trustee facing removal bid

Robson Cotter principal Roland Robson. A Queensland trustee in bankruptcy who landed a large and complex estate in early 2021 is now fighting to retain the appointment after one unsecured creditor lost patience and commenced proceedings in the Federal Court of Australia seeking orders that the trustee be removed. Whether the creditor’s impatience is justified however is something the court will have to decide. The…


Hastie Group liquidator seeks leave to appeal

Hastie Group liquidator Craig Crosbie. Remember that profusion of Linked In posts that gushed forth before Christmas from triumphal law firms representing the successful respondents in the Hastie Group liquidators’ bank guarantee action? Well that hubristic effusion might in future be seen to have been the highpoint of their clients’ defiance after Hastie Group’s liquidator last week filed and served an appeal to that Christmas…


Hastie: Appeal possible as liquidator shrugs off costs

Hastie Group liquidator Craig Crosbie. The ongoing saga of the Hastie Group Pty Ltd continued yesterday with liquidator Craig Crosbie flagging a possible appeal as the Federal Court delivered reasons in respect of costs. In Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575 retiring judge John Middleton made multiple costs orders in…


Administrators ousted after security ruled invalid

Litigation Funding Solutions director David Purcell. Marcus Watters of Hall Chadwick. The rule about being around for a good time not a long time does not apply when it comes to formal insolvency administrations, particularly when a recent appointment’s swiftly declared invalid and costs ordered against those ousted. Therefore iNO suspects that Hall Chadwick partners Marcus Watters, Richard Albarran and Brent Kijurina might be a…


Trustee’s High Court appeal bid refused with costs

CRS Warner principal Anthony Warner Being bankrolled by a creditor that’s in the construction game might qualify as the riskiest indemnity going for an external administrator litigating during our current economic tumult. When it comes to racking up insolvencies, building and construction muscles all other sectors aside in the race to the podium. That though is of no concern to the judicial eminences sitting on…


Litigation funder battles to stave off insolvency

RSM Australia Partners’ National Head of Restructuring and Recovery Greg Dudley. RSM Australia Partners’ Jerome Mohen. Given the directors of GT Capital were sucking $30,000 a month out of the company in the form of advances on future dividends, it’s perhaps no wonder that a pair of provisional liquidators are now installed at the litigation funder ahead of a winding up hearing next week. Add…


Secondary liquidator not protection for lead appointee

Lowe Lippmann partner Gideon Rathner. Lowe Lippmann director Matt Sweeney. Insinuations about why PE Capital Nominees (Nominees) liquidator Matthew Sweeny presented for cross-examination this week have attracted a vigorous rebuttal from the Lowe Lippmann director’s counsel. “There were many propositions put to him by Mr Bick that he seemed reluctant to embrace.” Justice Tim McEvoy. In the Federal Court yesterday Ian Martindale KC for Nominees’…