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.
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.
A judge has declined a contradictor’s calls to send an application for a common fund order in a class action against 7-Eleven, which recently settled for $98 million, to the Full Court.
A contradictor asked to weigh in on a $98 million settlement in class actions against 7-Eleven has said the Full Federal Court should decide an application by the funder for a common fund order, citing the importance of the issue.
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.
Last weekās 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 āuntenableā defences were maintained beyond an acceptable point in the case.
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.
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.
Despite claims the $98 million settlement did not warrant a contradictor’s scrutiny, a judge has appointed a contradictor to represent the interests of group members in franchisee class actions against 7-Eleven as he weighs the deal.
Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.