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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Class Actions 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
Competition & Consumer Protection 2020-04-01 11:44 am By Miklos Bolza

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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TasPorts slams ACCC case, says extra fees don’t amount to misuse of market power
Competition & Consumer Protection 2020-03-31 12:52 pm By Miklos Bolza

Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Surfstitch class action settlement amount slashed amid ‘very difficult retail environment’
Class Actions 2020-03-25 1:54 pm By Miklos Bolza

Group members in two settled class actions against clothing retailer Surfstitch have been told the settlement amount available to them has plummeted amid a “very difficult retail environment”.

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Coronavirus shuts down ACCC cross-examinations in landmark ANZ cartel case
Competition & Consumer Protection 2020-03-20 10:10 pm By Christine Caulfield

For the lawyers conducting the committal hearings in the criminal cartel case over ANZ’s $2.5 billion equity raising, the Sydney Downing Centre courtroom was already too close for comfort.

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Bega did not waive legal professional privilege by probing cancer-stricken witness
Intellectual Property 2020-03-09 12:52 pm By Miklos Bolza

Fonterra Brands has been blocked from accessing documents recording a witness statement made and later disputed by Bega’s executive chairman, in a dispute between the two dairy companies over a trade mark licence agreement.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Class Actions 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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ACCC cartel investigator admits ‘oversight’ in comfort letter to JPMorgan
Competition & Consumer Protection 2020-02-14 10:51 pm By Miklos Bolza

An ACCC officer who was heading up a team investigating alleged cartel conduct by ANZ Banking Group and three investment banks has admitted that the regulator may have made an ‘oversight’ in a letter of comfort offered to JPMorgan ahead of the bank’s immunity application in the case.

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