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Judge finds ‘no immediate threat’ of harm in ASIC’s contempt case against Mayfair’s Mawhinney
ASIC 2022-02-18 4:19 pm By Bianca Hrovat

The Australian Securities and Investments Commission has lost an interim injunction bid against the director of investment firm Mayfair 101 in its case seeking a contempt finding, despite arguing there was a substantial risk of harm to consumers.

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Banksia funder to be wound up, liquidators to probe potential claims against directors
Class Actions 2022-01-18 1:23 pm By Christine Caulfield

The litigation funder behind a scam to defraud members of a class action over the collapse of Banksia Securities has entered liquidation, and the funder’s two surviving directors will be among potential targets of attempts to recover money to pay a $21.7 million court judgment.

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Mayfair slapped with $30M fine after judge finds ASIC penalty ‘insufficient’
Financial Services 2021-12-22 10:10 am By Miklos Bolza

Beleaguered investment group Mayfair 101 will have to pay a $30 million penalty after a judge found a $12 million penalty proposed by ASIC was “insufficient”.

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Banksia class action funder enters administration with no assets
Restructuring & Insolvency 2021-12-07 12:24 pm By Christine Caulfield

The litigation funder behind a fraudulent scheme in a class action over Banksia Securities has entered administration with negligible assets to its name.

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Banksia judge made no allowance for ‘youth and inexperience’ of Mark Elliott’s son, appeal says
Appeals 2021-11-26 12:48 pm By Christine Caulfield

The judge who made findings against the son of the mastermind behind the Banksia class action scam may have formed strong views about the 27-year-old’s role before he testified and used the flawed suggestion that he was his father’s right-hand man as an “evidential gap filler”, an appeals court has been told.

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Banksia class action barristers declare bankruptcy after $21.7M judgment
Class Actions 2021-11-19 9:39 pm By Christine Caulfield

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Lawyer takes Banksia class action ruling to appeals court
Appeals 2021-11-08 10:28 am By Christine Caulfield

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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ā€˜Elephant in the roomā€™: Judge questions conduct of some lawyers for Banksia legal team
Business of Law 2021-10-19 9:54 pm By Christine Caulfield

Last weekā€™s judgment denouncing the scandalous behaviour of the legal team running the Banksia Securities class action cast a spotlight on the conduct of lawyers for some of the defendants, asking whether ā€œuntenableā€ defences were maintained beyond an acceptable point in the case.

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‘Arrogant’ barristers in Banksia class action struck off roll, face criminal probe
Legal Ethics 2021-10-11 5:00 pm By Christine Caulfield

Lawyers running the scandal-ridden Banksia class action have been struck from the roll of practitioners, will face criminal investigation and must pay group members $11.7 million in damages.

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Day of reckoning arrives for Banksia class action lawyers
Feature 2021-10-08 10:50 pm By Christine Caulfield

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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