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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 Melbourne

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 Sydney

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 Sydney

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 Sydney

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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CBA class action applicant can’t share in group members’ privilege, court finds
Class Actions 2021-07-27 6:10 pm By Miklos Bolza Sydney

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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Security for costs not a matter of merits, CBA class action judge says
Class Actions 2021-01-08 9:53 pm By Spencer Fowler Steen Melbourne

A fight over whether a class action applicant must fork over security for costs is not a matter of the strength of the case, says a judge presiding over a class action brought by superannuation holders against Commonwealth Bank of Australia and subsidiaries Colonial First State and Avanteos.

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Judge signs off on Appco class action settlement in ‘rather unusual circumstances’
Class Actions 2020-12-22 4:25 pm By Miklos Bolza Sydney

A judge has approved a settlement he previously expressed a “nagging feeling of disquiet about” in a class action against fundraiser Appco Group, after group members “overwhelmingly” supported the proposal and further cash assets were uncovered that increased the settlement amount to $2.05 million.

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Judge expresses ‘nagging feeling of disquiet’ about $1.9M Appco class action settlement
Employment 2020-11-30 9:28 pm By Miklos Bolza Sydney

A judge has again postponed signing off on a $1.9 million settlement in a $65 million sham contracting class action against fundraiser Appco Group after expressing “disquiet” about the deal in which the 1,100 group members would get  “diddly squat” and ordered that notices be sent to group members informing them of their option to seek alternative lawyers.

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$1.9M settlement is best it’s going to get, says law firm behind Appco class action
Class Actions 2020-10-29 2:10 pm By Christine Caulfield Melbourne

Facing an uphill battle to win approval for a $1.9 million settlement in a sham contracting class action against fundraiser Appco Group, a lawyer for the case has told a court there is no money left to pursue.

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Class members would get ‘diddly-squat’ in $1.9M Appco settlement, judge says
Class Actions 2020-10-09 1:30 pm By Cat Fredenburgh Melbourne

A judge has said further investigation into the financial position of Appco Group is needed before he can sign off on a $1.9M settlement in a $65 million sham contracting class action against the fundraising company, under which litigation funder Harbour would get a 50 per cent cut and group members would recover “diddly-squat”.

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