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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
Employment 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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Melbourne cafe to hand over $646,000 to court in fee spat with law firm
Business of Law 2020-12-10 10:48 pm By Cat Fredenburgh

Bourke Street cafe Barfly’s has agreed to hand over $646,250 to the court in trust in an ongoing spat over its legal bills with a law firm that negotiated a $2.4 million settlement for the cafe in a negligence case.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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Clock’s ticking for Mayfair companies to obtain legal representation
Financial Services 2020-12-10 2:04 pm By Miklos Bolza

Embattled Mayfair Group director James Mawhinney is under pressure to secure legal representation to defend his companies against a misleading and deceptive conduct case brought by ASIC, but the Big Six firm he has in mind has yet to commit. 

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Judge finds ‘good reason’ for Linchpin examination docs to be used in class action
Class Actions 2020-12-10 1:58 pm By Miklos Bolza

A judge has allowed documents obtained from examination proceedings against directors of Linchpin Capital to be used in a class action against the failed financial services group.

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Daughter of NRL legend wins $125,000 over false sex tape claim
Defamation 2020-12-10 1:52 pm By Spencer Fowler Steen

The daughter of NRL great Mark Geyer has been awarded $125,000 in a defamation case against the owner of an NRL Memes page over a post wrongfully claiming she was involved in the Tyrone May sex scandal.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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ASIC won’t challenge loss in Tennis Australia case, but more claims may be coming
Sports 2020-12-09 9:52 pm By Miklos Bolza

ASIC will not appeal a Federal Court decision tossing the majority of its case against former Tennis Australia director Harold Mitchell and accusing the regulator of “confirmatory bias” in bringing the case, but has foreshadowed fresh claims related to allegedly inconsistent statements given during its investigation.

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Opal Tower concrete manufacturer appeals loss to insurer over coverage of legal bills
Insurance 2020-12-09 9:22 pm By Spencer Fowler Steen

The prefab concrete specialist behind Sydney’s Opal Tower has appealed a ruling letting its insurers off the hook to pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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