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The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial "before we all retire" will soon weigh the ACCC's claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.
The prosecution in a criminal cartel case against several banks and high-ranking executives over a $2.5 billion ANZ share placement has fought back against accusations that its indictment is "fundamentally flawed" and should be quashed.
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 to boot, a judge has said in his reasons for refusing the silk's last-minute application.
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 accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.
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 Banksia Securities class action, a case that has been described as the "darkest chapter in Victoria's legal history".
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 masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.
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 he did not retain an interest in the litigation funder behind the case.
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 to award at least $32 million to the failed property lender's 16,000 debenture holders for the serious misconduct alleged against the lawyers.
Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.
The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company's liquidators that it was trading while insolvent, arguing the case had been 'infected' by evidence from an expert who was also a plaintiff in the case.