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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says
Class Actions 2021-03-24 4:56 pm By Christine Caulfield

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile […]

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely […]

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and […]

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the […]

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Class Actions 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme […]

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Silk Norman O’Bryan loses bid to reopen his defence in Banksia class action
Class Actions 2021-03-16 11:26 am By Christine Caulfield

Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows […]

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Lawyers, funder in Banksia misconduct case could face $10M hit
Class Actions 2021-03-15 11:02 pm By Christine Caulfield

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked […]

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family […]

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals […]

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor […]

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