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Judge questions if Philips class action ‘appropriately resourced’
Class Actions 2022-03-23 3:51 pm By Cindy Cameronne

A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was “appropriately resourced” to run the case against health tech giant Philips.

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Banksia class action lawyers make $10.6M settlement offer
Class Actions 2022-03-03 10:58 pm By Christine Caulfield

Lawyers behind a scheme to defraud members of a class action over the collapse of Banksia Securities have offered $10.6 million to resolve a case that has put them on the hook for at least double that sum.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
Product Liability 2022-03-03 9:57 pm By Miklos Bolza

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
Financial Services 2022-02-25 3:32 pm By Bianca Hrovat

The self-declared “wolf trader” of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commission’s case accusing him of providing unlicensed financial services, a judge has ruled.

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Senator Matt Canavan’s brother can probe claims against Glencore
Restructuring & Insolvency 2022-02-23 6:16 pm By Miklos Bolza

The brother of Liberal Senator and former resources minister Matt Canavan can investigate potential claims against Glencore in his long running legal spat over the Rolleston coal mine, after a court greenlit his bid for the appointment of special purpose liquidators.

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Banksia class action lawyer loses practicing certificate in ‘bombshell’ move by watchdog
Class Actions 2022-02-04 12:13 pm By Christine Caulfield

The solicitor who was found to have acted as a “postbox” to conceal conflicts of interest in the Banksia class action has lost his practicing certificate ahead of a hearing to show cause why he should remain on the roll.

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Banksia funder to be wound up, liquidators to probe potential claims against directors
Class Actions 2022-01-18 1:23 pm By Christine Caulfield

The litigation funder behind a scam to defraud members of a class action over the collapse of Banksia Securities has entered liquidation, and the funder’s two surviving directors will be among potential targets of attempts to recover money to pay a $21.7 million court judgment.

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Arrium lenders hit with extra costs after rejecting $10M settlement offers
Restructuring & Insolvency 2022-01-07 11:27 am By Bianca Hrovat

A group of banks that failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse have been ordered to pay indemnity costs after a court found they rejected $10 million settlement offers three days into the trial.

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Banksia class action funder enters administration with no assets
Restructuring & Insolvency 2021-12-07 12:24 pm By Christine Caulfield

The litigation funder behind a fraudulent scheme in a class action over Banksia Securities has entered administration with negligible assets to its name.

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Banksia judge made no allowance for ‘youth and inexperience’ of Mark Elliott’s son, appeal says
Appeals 2021-11-26 12:48 pm By Christine Caulfield

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.

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