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BP worker fired over Hitler parody video wins $201,000 in compensation
Employment 2020-08-11 6:13 pm By Alison Eveleigh

A BP worker whose employment was reinstated after he was unfairly dismissed for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler, has been awarded $201,000 in lost wages and superannuation.

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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.

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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.

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Top silk abandons defence, expresses ‘very deep regret’ over conduct in Banksia class action
Class Actions 2020-08-03 6:02 pm By Miklos Bolza

Barrister Norman O’Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.

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Judge questions whether Banksia class action lawyers should be struck off roll
Class Actions 2020-07-30 9:11 pm By Alison Eveleigh

The judge overseeing a trial over legal fees and funding commission in the Banksia Securities class action has questioned whether the lawyers behind the case should remain on the roll of practitioners if allegations of misconduct aired in the hearing so far — which include billing for phantom costs — are made out.

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Mark Elliott was Banksia class action lawyer’s ‘puppet master’, court told
Class Actions 2020-07-29 10:16 pm By Alison Eveleigh

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.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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Game over: Sony to pay $3.5M for misleading PlayStation representations
Christopher Tran 2020-06-05 1:42 pm By Cat Fredenburgh

Gaming giant Sony has agreed to pay a $3.5 million penalty to settle proceedings brought by the ACCC for making misleading consumer representations to purchasers of PlayStation games.

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BP loses appeal of Hitler parody video ruling
Employment 2020-05-22 6:43 pm By Alison Eveleigh

The Full Federal Court has dismissed BP’s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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