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Lawyer raises spectre of criminal charges in Banksia class action fee scandal
Class Actions 2020-10-08 6:02 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the mastermind behind an alleged fraudulent scheme by certain members of the legal team in the Banksia class action, has resisted handing over evidence in the case against him, invoking the right to silence in the face of possible criminal charges.

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Insurer may be dragged into Banksia class action after death of cost consultant
Class Actions 2020-10-08 6:01 pm By Christine Caulfield

The cost consultant joined as a defendant in the trial over alleged misconduct by the Banksia class action legal team has died, the second person implicated in the fee scandal to die this year.

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HR company loses fight with tax office after paying debt with wrong EFT number
Tax 2020-10-06 9:36 pm By Christine Caulfield

The director of a defunct HR company has lost his bid to avoid paying a $384,000 tax bill after hundreds of thousands of dollars were sent to the tax office via the wrong EFT number and used to repay other debts the company owed.

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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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‘That rare bird, the smoking gun’: Judge orders Minetek employee’s laptop searched for confidential info
Intellectual Property 2020-10-06 2:07 pm By Christine Caulfield

Engineering company Howden Australia can view the laptop and other electronic devices of an employee accused of stealing confidential information, after a judge found there was evidence suggesting the worker had not been “entirely truthful” with the court.

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IAG reaches $138M settlement in add-on insurance class action on eve of trial
Class Actions 2020-10-06 10:21 am By Christine Caulfield

Insurance Australia Group will fork over $138 million to settle a class action brought against two subsidiaries alleging they engaged in misleading and deceptive conduct by pushing worthless insurance on motor vehicle purchasers.

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Police search for missing Federal Circuit Court judge Guy Andrew
Judge Guy Andrew 2020-10-05 11:26 pm By Christine Caulfield

Queensland police are searching for Federal Circuit Court judge Guy Andrew, who was recently removed from the Townsville registry, after he went missing in Brisbane bushland on Sunday.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Macquarie Bank on the hook for paying advisers leave entitlements
Employment 2020-10-02 10:40 pm By Christine Caulfield

Former Macquarie Bank financial advisers who claimed their commission pay structure left them shortchanged have won their case for back pay for annual and personal leave, in the first decision in a group of cases against the wealth manager.

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ANZ to pay $10M for unconscionable conduct in charging illegal bank fees
Financial Services 2020-10-02 3:09 pm By Christine Caulfield

A judge has ordered Australia and New Zealand Banking Group to pay $10 million in penalties after finding that the bank engaged in unconscionable conduct and breached its obligations by slugging customers $3 million in periodic payment fees it was not entitled to charge.

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