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‘I idolised dad’: Banksia funder’s son takes stand over class action fee scandal
Class Actions 2020-12-01 7:05 pm By Christine Caulfield

The mastermind behind an alleged fraudulent scheme by members of the legal team running the class action over the collapse of Banksia Securities was a “brilliant operator”, his son has told a court.

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Class action funder Mark Elliott did not need a righthand man, Banksia silk says
Class Actions 2020-11-30 10:44 pm By Christine Caulfield

The son of the lawyer and funder at the centre of an alleged fee scandal in the Banksia Securities class action was not his father’s righthand man because the late Mark Elliott did not need a righthand man, his co-accused, former senior barrister Norman O’Bryan, has told a court.

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Lawyers wanting to grill Banksia class action silk put on short leash
Class Actions 2020-11-27 10:18 pm By Christine Caulfield

A judge has confined the scope of questions lawyers can ask disgraced senior barrister Norman O’Bryan when he takes the stand this week to give evidence for the son of the mastermind behind an alleged fee scam in the Banksia Securities class action.

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Late document dump in Banksia class action a ‘professional disgrace’, court told
Class Actions 2020-11-26 11:48 am By Christine Caulfield

Last-minute discovery of emails by the solicitor facing accusations of complicity in a fraudulent scheme by his father and the barristers leading a class action over the collapse of Banksia Securities has been labelled a “professional disgrace” that has twice delayed his trial.

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Banksia class action judge shoots down barrister’s proportionate liability notice
Class Actions 2020-11-25 10:51 pm By Christine Caulfield

The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O’Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister’s decision to concede defeat in the case.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Subpoenas can’t be issued ‘willy nilly’ to dodge journalist privilege, judge says in Elaine Stead case
Defamation 2020-11-19 5:48 pm By Miklos Bolza

A judge has set aside a subpoena issued by venture capitalist Elaine Stead in her defamation lawsuit against Fairfax, saying subpoenas could not just be issued “willy nilly” to identify a journalist’s confidential sources.

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Notice to all Slater & Gordon shareholders unnecessary, judge says as Pitcher Partners case scrapped
Class Actions 2020-11-05 5:27 pm By Miklos Bolza

Notice of the discontinuance of a class action on behalf of Slater & Gordon shareholders against Pitcher Partners need not be sent to all group members, a judge has ruled, acknowledging there would be “significant practical difficulties” with trying to reach everyone.

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Slater & Gordon settles suit by lawyer who complained about funding referral scheme
Employment 2020-11-05 2:41 pm By Cat Fredenburgh

Slater & Gordon has settled a lawsuit brought by a former senior solicitor alleging he was fired after making complaints about the law firm’s arrangement with a third-party funder for personal injury clients.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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