Revelations of fraud this week in the Banksia class action have put the ability of judges to scrutinise litigation funding agreements in the spotlight of a parliamentary class action inquiry, with one MP claiming the judiciary was “stretched beyond capacity”.
The Australian Securities and Investments Commission told the government’s class action inquiry that it was committed to making the existing class action regime work with upcoming regulations that will spell the end of its “light touch” approach to litigation funders.
Lawyer Mark Elliott was the “puppet master” behind the Banksia class action, retaning an old school mate to represent the lead applicant but in reality funding and running the proceedings with barristers Norman O’Bryan SC and Michael Symons to line their pockets at the expense of group members, a court has been told.
The operator of Dreamworld in Queensland has pleaded guilty to three charges over the 2016 deaths of four people on the theme park’s now demolished Thunder River Rapids ride.
AMP has been hit with a cliass action by a group of financial planners over changes to its buyer of last resort policy last year, which cut the number of authoried advisers and retreated from a promise to buy back their businesses at a price based on a set multiple.
The Murray Goulburn class action has been cited repeatedly in the current parliamentary inquiry into class actions and litigation funding. For some, the return generated by Omni Bridgeway, which funded the action, is Exhibit A in the case that litigation funders make too much money. To others – including the one person in the best position to judge – it is nothing of the sort, says Clive Bowman of Omni Bridgeway.
The funder and legal team behind a class action over the collapse of Banksia Securities billed for phantom costs in a “fraudulent scheme” to secure almost $20 million from the case, the contradictor investigating the purported misconduct has told a court.
Supermarket chain Romeo’s has become the latest retailer to face a class action alleging it failed to pay staff for all hours worked.
Westpac anti-money laundering compliance troubles continue to worsen, with the bank reporting an additional 365,000 incomplete or inaccurate threshold transaction reports to AUSTRAC.
There is an “embarrassing” foreign influence on Australian laws, a plaintiff law firm has told a parliamentary inquiry into class actions, after revealing that Treasurer Josh Frydenberg met with an affiliate of the US Chamber of Commerce in May, shortly before announcing a crackdown on litigation funders.