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A judge has ordered two class actions brought against 7-Eleven on behalf of franchisees to pay $3 million in security for costs as trial in the cases gets pushed to August next year.
A contradictor investigating alleged professional misconduct on the part of the legal team and funder behind a class action against failed Banksia Securities will subpoena the bank records of deceased class action lawyer and funder Mark Elliott and associated companies. Meanwhile, the barrister for the lead applicant has returned her brief on the eve of trial, on the advice of the bar ethics committee.
Already facing action by the corporate regulator for alleged misleading and deceptive conduct and a potential class action, investment firm Mayfair 101 must now defend a lawsuit by former Liberal senator Julian McGauran, who is demanding the return of his $1 million investment.
The parties in two class actions brought against 7-Eleven on behalf of franchisees have clashed over the convenience store giant’s alleged $3.1 million discovery costs “blowout”.
Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O'Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.
A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.
A security for costs fight is looming in the two class actions brought against 7-Eleven on behalf of franchisees, and the convenience store giant, which claims it has spent more than double the security paid so far in defending the cases, must produce 900 pages of invoices ahead of the battle.
The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.
The parties in two class actions against 7-Eleven brought on behalf of franchisees have agreed to delay an upcoming hearing by ten months, due to challenges with discovery, evidence and witness statements resulting from coronavirus-related restrictions.
A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister's fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.