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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 ā€œwolf traderā€ of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commissionā€™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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Banksia class action barristers declare bankruptcy after $21.7M judgment
Class Actions 2021-11-19 9:39 pm By Christine Caulfield

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Lawyer takes Banksia class action ruling to appeals court
Appeals 2021-11-08 10:28 am By Christine Caulfield

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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ā€˜Elephant in the roomā€™: Judge questions conduct of some lawyers for Banksia legal team
Business of Law 2021-10-19 9:54 pm By Christine Caulfield

Last weekā€™s judgment denouncing the scandalous behaviour of the legal team running the Banksia Securities class action cast a spotlight on the conduct of lawyers for some of the defendants, asking whether ā€œuntenableā€ defences were maintained beyond an acceptable point in the case.

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