Peter Jopling

The son of controversial funder and lawyer Mark Elliott has been joined to proceedings alleging the lawyers behind the Banksia Securities class action conspired to pocket excessive fees in the case, after a court heard there was a “litany” of evidence he was party to the alleged fraudulent scheme.

Disgraced senior counsel Norman O’Bryan and the son of deceased lawyer Mark Elliott are among the targets of a summons for $7 million in legal bills racked up in the fight over commission and costs in the Banksia Securities class action, a fight that has already claimed the career of O’Bryan and another barrister.

The solicitor on the record in a class action over the collapse of Banksia Securities has admitted that he never asked to see the fee slips of one of the barristers acting in the case, conceding that this was a ‘gross dereliction’ to his clients.

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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.

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.

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.

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.

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.