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Insurer may be dragged into Banksia class action after death of cost consultant
Class Actions 2020-10-08 6:01 pm By Christine Caulfield

The cost consultant joined as a defendant in the trial over alleged misconduct by the Banksia class action legal team has died, the second person implicated in the fee scandal to die this year.

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Pitcher Partners says class, funder should foot the bill for flurry of cross-claims
Class Actions 2020-10-07 2:16 pm By Cat Fredenburgh

Pitcher Partners says the lead applicant in a discontinued class action over its auditing of Slater and Gordon should cover the costs for cross-claims it brought against nine parties, including the law firm and several of its former directors.

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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Ardent Leisure hit with $3.6M fine over Dreamworld deaths
White Collar 2020-09-28 10:19 pm By Cat Fredenburgh

A judge has fined Ardent Leisure $3.6 million after the operator of the Dreamworld theme park pleaded guilty to three charges stemming from the 2016 deaths of four people on the park’s now demolished Thunder River Rapids ride.

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GetSwift won’t give up bid for judge’s disqualification in class action
Class Actions 2020-09-28 12:24 pm By Christine Caulfield

GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator’s case against the logistics provider.

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