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Banksia class action judge shoots down barrister’s proportionate liability notice
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.
Silk Norman O’Bryan called to take stand in Banksia class action
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.
Theta hit with $2M penalty for defective product disclosure statements
A court has ordered Theta Asset Management, a collapsed financial services provider that ran a property investment scheme targeting retirees, to pay a $2 million penalty for issuing defective product disclosure statements.
Five law firms to spar over liability in $15M Dover Financial negligence case
Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was "highly misleading" and "an exercise in Orwellian doublespeak".
Litigation funder wins appeal over security for costs in Fair Work class actions
Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.
Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
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.
Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
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.
Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
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.
Judge slams ASIC’s case against Worrells partner
A judge has set aside the pleadings in ASIC's case accusing a Worrells liquidator of aiding and abetting the illegal phoenix activity of collapsed Queensland property investment advisor Members Alliance Group, saying he is entitled to a "coherent pleading".
Lawyer raises spectre of criminal charges in Banksia class action fee scandal
Lawyer Alex Elliott, the son of the mastermind behind an alleged fraudulent scheme by certain members of the legal team in the Banksia class action, has resisted handing over evidence in the case against him, invoking the right to silence in the face of possible criminal charges.