DEBTOR AND CREDITOR – LAW AND LEGISLATION – AUSTRALIA

Provident ‘the fault of trustees’

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Original article by Kylar Loussikian
The Australian – Page: 17 : 8-Jan-15

A class action suit is being launched by law firm Slater & Gordon on behalf of investors who lost funds in the mid-2012 collapse of Provident Capital. It will be alleged that Australian Executor Trustees was not diligent enough in its supervision of the debentures business, and should have realised in late 2010 that were insufficient reserves to secure the loans written by Provident. The equity ratio in 2008-09 was just 6.43%, compared with the Australian Securities & Investments Commission’s stipulated minimum of 20%

CORPORATES
SLATER AND GORDON LIMITED – ASX SGH, PROVIDENT CAPITAL LIMITED, AUSTRALIAN EXECUTOR TRUSTEES LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN CAPITAL RESERVE LIMITED, FINCORP PTY LTD, MERIDIAN LAWYERS LIMITED

After the wipeout, Great Southern investors stand to lose homes

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Original article by Dennis Shanahan, Leo Shanahan
The Australian – Page: 21 : 15-Oct-14

The Supreme Court of Victoria will in late October 2014 rule on whether a settlement can be ratified that will mean Bendigo & Adelaide Bank can bring bankruptcy proceedings against investment loan borrowers. The about 47,000 customers had bought into the rural managed investment schemes of Great Southern between 2005 and 2008, and owe some $A398m. They will also claw back less than $A16 for every $A10,000 they lost in the collapse. Law firm MacPherson & Kelley, representing the investors, will gain close to $A20m

CORPORATES
BENDIGO AND ADELAIDE BANK LIMITED – ASX BEN, GREAT SOUTHERN LIMITED, MACPHERSON AND KELLEY LAWYERS PTY LTD, SUPREME COURT OF VICTORIA, TIMBERCORP LIMITED, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Banks settle case with liquidators of ABC

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Original article by Michael Bennet
The Australian – Page: 21 : 8-Jul-14

The liquidators of ABC Learning Centres have reached an in-principle settlement with a syndicate of banks. The compromise was reached just before the case against the lenders was to be heard in the Federal Court of Australia. Bentham IMF was meant to argue that the banks "jumped the creditors’ queue". Child care facilities operator ABC Learning Centres collapsed in November 2008, with debts of $A1.6 billion

CORPORATES
BENTHAM IMF LIMITED – ASX IMF, ABC LEARNING CENTRES LIMITED, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FEDERAL COURT OF AUSTRALIA