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On The Run underpayments class action settles for $5.8M
Class Actions 2022-08-29 5:32 pm By Cat Fredenburgh

The entity that employs the workforce of the On The Run convenience store chain has agreed to pay $5.8 million to settle a class action accusing it of underpaying over 8,000 workers over a six-year period.

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Banksia class action solicitor suspended from roll for two years
Legal Ethics 2022-06-24 9:59 am By Christine Caulfield

The solicitor found to have acted as a “postbox” to hide conflicts of interest in the class action over Banksia Securities’ collapse has been suspended from the roll of practitioners in Victoria for two years, after a judge found he was presently unfit to practice.

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Judge asks why Banksia class action solicitor hasn’t forfeited fees
Class Actions 2022-05-11 9:48 pm By Christine Caulfield

The judge overseeing the scandal-ridden Banksia Securities class action has questioned why a solicitor on record for the case hasn’t handed over his ill-gotten fees despite professed regret for his actions and his claims to have reformed.

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Banksia class action lawyers’ conduct ‘shocking and unimaginable’, judge told
Class Actions 2022-05-10 11:14 pm By Christine Caulfield

The behaviour of the legal team running the Banksia Securities class action was “reprehensible” and the solicitor who allowed himself to be controlled by lawyer and funder Mark Elliott should be struck from the court’s roll of practitioners, a judge heard Tuesday.

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‘I wish I’d never gone to lunch’: Banksia’s ‘postbox’ solicitor rues day he dined with Mark Elliott
Class Actions 2022-05-09 8:59 pm By Christine Caulfield

A solicitor fighting to remain on the roll after his involvement in the infamous Banksia Securities class action has told of his regret at having lunch with the funder behind the case eight years ago — a meeting that set in motion a plot driven by lawyers to deceive seven Supreme Court judges and defraud thousands of investors.

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Class action’s bid for ‘invasive’ search of Merivale’s payroll data fails
Class Actions 2022-03-31 12:42 pm By Cindy Cameronne

A judge has denied an ā€œinvasiveā€ bid to search hospitality giant Merivaleā€™s payroll systems ahead of an upcoming mediation in a $129 million underpayment class action covering 13,500 employees.

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‘Everybody is incredulous’: Silk tells court of surprise at Norman O’Bryan’s fall from grace
Legal Ethics 2022-03-23 10:18 pm By Christine Caulfield

Commenting on the unprecedented nature of the case against her client — the so-called postbox solicitor in the Banksia Securities class action — a senior barrister has told a court of her shock at the conduct of her former colleague at the bar, Norman O’Bryan, who acted as lead counsel in the scandal-ridden litigation.

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Class action against On The Run wants to drop claims by trainees
Class Actions 2021-10-12 3:18 pm By Miklos Bolza

Class action claims brought by trainees against convenience store chain On The Run may be discontinued because of high costs and lack of commonality if an application before the Federal Court is successful.

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Ex-gangland lawyer fined for misleading Legal Services Commissioner
Legal Ethics 2021-08-16 12:50 pm By Bianca Hrovat

A Melbourne lawyer, who formerly represented gangland figures, has been reprimanded and fined $9,000, after a court found he recklessly misled the Victorian Legal Services Commissioner regarding his involvement in a de-facto relationship matter in which unsatisfactory professional conduct was allege

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High Court deals crushing defeat to casual workers
Employment 2021-08-04 10:51 am By Miklos Bolza

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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