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Judge who called expert conclave a ‘car crash’ won’t recuse herself
A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a "car crash", citing concerns over a psychiatrist giving opinions about liability in a surgical setting.
Law firm can’t delay appeal over unpaid bill because QC won’t fly without vaccine
Law firm Atanaskovic Hartnell has failed to postpone its appeal of a ruling over unpaid legal fees until after its senior counsel -- who is stuck in London -- can get a COVID-19 vaccine and return to Australia.
High Court to weigh whether judges should socialise with barristers during a case
The High Court will consider whether judges should steer clear of barristers outside the court room, after a husband appealed a ruling by a judge who socialised with his wife's lawyer during their two-year divorce trial.
Law firm ordered to cease acting in $51M property spat with ex-client
A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm's managing partner is likely to be a key witness.
‘Ancient allegations’: Judge rejects bid for new pleading in client’s 1993 case against solicitor
A judge has refused a bid to file a new pleading in a $1.3 million "squabble" with an "unfortunate history" between a client and his former solicitors, one of whom is now dead, dating back to 1993.
Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.
‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father -- the mastermind behind the alleged deception -- told him to sign cheques for lawyers that they could not cash.
Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.
Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was "right" to rip up a $64 million settlement with the collapsed lender's trustee if the deal didn't guarantee him a $12.8 million commission, a court has heard.
Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Lawyer Alex Elliott has told a judge he didn't know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight "it doesn't look good".