Mews Scheme Winding Up

Acted for Mr Peter Warne (Chair, Macquarie Group), in his capacity as the ASIC appointed investor representative, instructed by Arnold Bloch Leibler, Melbourne, in long-running winding up proceedings of an unregistered managed investment scheme pursuant to s 601EE of the Corporations Act 2001 (Cth) in the Federal Court’s Victorian Registry at first instance and on appeal, between 2008 and November 2016.

ASIC v GDK Financial Solutions Pty Ltd (in liq) (2016) FCA (Middleton J) (final orders in chambers)

ASIC v GDK (No 14) [2013] FCA 459 (Gordon J) (approval of further settlement)

ASIC v GDK (No 11) [2012] FCA 1034 (Dodds-Streeton J)

ASIC v GDK (No 8) [2011] FCA 997 (Dodds-Streeton J) (ex parte for approval of compromise)

ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 (appeal) (approval of compromise where settlement fair and reasonable and in the best interests of the investors represented by respondent)

ZMB Australia Pty Ltd v Warne [2011] FCA 311; (2011) 194 FCR 125 (Ryan J) (appointment as representative on appeal where receivers conflicted)

ASIC v GDK [2010] FCA 710 (Gray J) (trial of priority dispute: question whether deed effective to transfer equitable interests claimed by vendor in relation to land which was an asset of scheme, which vendor claimed to hold in priority to claims of investors in scheme)

ASIC v GDK (No 6) [2010] FCA 1092 (Finkelstein J) (ability of representative to compromise proceedings on behalf of a group)

AVS Property Pty Ltd v McMaster [2010] FCAFC 81; (2010) 79 ACSR 89 (appeal) (conditions for discharge of mortgage on scheme property)

AVS Property Pty Limited v Western Retirement Village Management Ltd (In Liq) [2009] FCA 512 (Ryan J) (appointment of representative on appeal)

ASIC v GDK (No 4) [2008] FCA 858 (Finkelstein J)

ASIC v GDK Financial Solutions Pty Ltd (in liq) No 3 [2008] FCA 448, (2008) 169 FCR 497, (2008) 248 ALR 766  (Finkelstein J) (appointment as representative)