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Lawyer Alex Elliott has told a judge he didn't know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight "it doesn't look good".
The mastermind behind an alleged fraudulent scheme by members of the legal team running the class action over the collapse of Banksia Securities was a "brilliant operator", his son has told a court.
The son of the lawyer and funder at the centre of an alleged fee scandal in the Banksia Securities class action was not his father's righthand man because the late Mark Elliott did not need a righthand man, his co-accused, former senior barrister Norman O'Bryan, has told a court.
A judge has confined the scope of questions lawyers can ask disgraced senior barrister Norman O'Bryan when he takes the stand this week to give evidence for the son of the mastermind behind an alleged fee scam in the Banksia Securities class action.
Last-minute discovery of emails by the solicitor facing accusations of complicity in a fraudulent scheme by his father and the barristers leading a class action over the collapse of Banksia Securities has been labelled a "professional disgrace" that has twice delayed his trial.
The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O'Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister's decision to concede defeat in the case.
Senior barrister Norman O'Bryan, who has conceded that he should be struck from the roll for his conduct in an alleged class action fee scandal, has been subpoenaed to give evidence for lawyer Alex Elliott, the son of O'Bryan's co-conspirator.
A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.
The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn't know his father's conduct was wrong, his barrister has told a court.
A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn't consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.