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Meriton settles with sacked general counsel, says case was a ‘misunderstanding’
Employment 2020-08-19 5:28 pm By Christine Caulfield

Billionaire real estate developer Harry Triguboff and his company Meriton have settled a dispute with the former group general counsel of the property giant, who claimed he was sacked after refusing to lie, saying the unfair dismissal case arose from a “misunderstanding”.

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Judge drags Mark Elliott’s son, costs consultant into Banksia class action fee scandal
Class Actions 2020-08-19 5:15 pm By Christine Caulfield

The son of controversial funder and lawyer Mark Elliott has been joined to proceedings alleging the lawyers behind the Banksia Securities class action conspired to pocket excessive fees in the case, after a court heard there was a “litany” of evidence he was party to the alleged fraudulent scheme.

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Silk Norman O’Bryan, Mark Elliott’s son targeted in bid to recoup $7M legal bill
Trials 2020-08-17 9:22 pm By Christine Caulfield

Disgraced senior counsel Norman O’Bryan and the son of deceased lawyer Mark Elliott are among the targets of a summons for $7 million in legal bills racked up in the fight over commission and costs in the Banksia Securities class action, a fight that has already claimed the career of O’Bryan and another barrister.

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Judge winds up unregistered Askk land banking scheme that raised $11M
ASIC 2020-08-17 2:13 pm By Christine Caulfield

A court has ordered the winding up of Askk Investment Group and the unregistered managed investment scheme it operated in Beveridge, Victoria, that raised more than $11 million from investors.

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Procter & Gamble drops spat with Colgate-Palmolive over whitening toothpaste ads
Competition & Consumer Protection 2020-08-17 1:32 pm By Christine Caulfield

Consumer goods giant Procter & Gamble has dropped a lawsuit accusing competitor Colgate-Palmolive of breaching consumer laws by making false claims about the performance of its whitening toothpaste that threatened to push its own brand of whitener off the shelves.

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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Securities 2020-08-14 11:41 pm By Christine Caulfield

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Crown class action lawyers to seek priority status as COVID-19 lockdown makes trial prep ‘impossible’
Class Actions 2020-08-14 11:04 pm By Christine Caulfield

The lead applicant in a shareholder class action against Crown Resorts will ask the Federal Court to declare the proceedings a priority matter so that lawyers readying the case for an upcoming trial in Melbourne can access childcare despite stage 4 COVID-19 restrictions in Victoria.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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