The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.
Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.
The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.
A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss.
The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.
The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.
A Sydney solicitor has won an extension of time to file a defamation case against Network Ten after an appeals court found he had valid reason for not bringing the case by the one-year deadline — fighting criminal charges that were eventually dropped.
Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows he did not retain an interest in the litigation funder behind the case.
The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.
The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”.