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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

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.

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‘Harsh and draconian’: Judge shoots down bid for class closure in combustible cladding action
Class Actions 2020-06-01 8:38 pm By Miklos Bolza

A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.

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Spotless pays $95M to settle shareholder class action
Class Actions 2020-05-22 10:44 am By Alison Eveleigh

A $95 million settlement has been reached in a shareholder class action against facility services company Spotless Group, the largest settlement in a shareholder class action in two years.

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Banksia class action law firm flags proportionate liability argument
Class Actions 2020-05-19 5:42 pm By Christine Caulfield

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.

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3A Composites fights for class closure order in combustible cladding action
Class Actions 2020-05-19 4:02 pm By Miklos Bolza

German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

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.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Class Actions 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Class Actions 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Dover Financial sues lawyers for negligence over advice on client protection policy
Financial Services 2020-04-17 5:19 pm By Christine Caulfield

Defunct financial adviser Dover Financial has sued three separate law firms for allegedly negligent advice over a ‘client protection policy’ that the Federal Court found was misleading, deceptive and an “exercise in Orwellian doublespeak”.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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