Most Recent
ASIC can’t undo stay of disciplinary case against iSignthis auditor
Appeals 2024-01-08 11:59 pm By Cindy Cameronne

The Australian Securities and Investments Commission has lost its bid to pursue a disciplinary case against former Grant Thornton director Bradley Taylor over his 2018 audit of fintech firm iSignThis while criminal proceedings are ongoing.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

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.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Banksia funder’s son must give ‘full and frank’ explanation of alleged role in fee scandal
Trials 2020-08-21 3:55 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the funder behind the Banksia Securities class action, has been ordered to give a “full, frank and honest” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case, and he risks his career if he’s not forthcoming.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Judge drags Mark Elliott’s son, costs consultant into Banksia class action fee scandal
Class Actions 2020-08-19 5:15 pm By Christine Caulfield

The son of controversial funder and lawyer Mark Elliott has been joined to proceedings alleging the lawyers behind the Banksia Securities class action conspired to pocket excessive fees in the case, after a court heard there was a “litany” of evidence he was party to the alleged fraudulent scheme.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Banksia class action costs consultant denies he was Mark Elliott’s ‘dogsbody’
Class Actions 2020-08-13 10:14 pm By Alison Eveleigh

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Silk Norman O’Bryan likely to face further scrutiny after admissions in Banksia class action
Analysis 2020-08-06 9:06 pm By Christine Caulfield

Barrister Norman O’Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Receivers may go after Mark Elliott’s estate for adverse costs in Banksia class action
Class Actions 2020-08-04 9:47 pm By Alison Eveleigh

Receivers appointed in the wake of the collapse of Banksia Securities may seek costs orders against the estate of deceased funder and class action lawyer Mark Elliott, a court has heard. Meanwhile, the Victorian Bar says it has “every confidence in the judicial process” after senior counsel Norman O’Bryan yesterday abandoned his defence of misconduct allegations stemming from the case.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?