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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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Victoria, Queensland join $500M combustible cladding class actions
Class Actions 2020-11-26 4:56 pm By Miklos Bolza

The states of Victoria and Queensland have joined two class actions over allegedly combustible cladding as group members, with the claims in the proceedings now exceeding $500 million.

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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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Silk Norman O’Bryan called to take stand in Banksia class action
Class Actions 2020-11-20 1:20 pm By Christine Caulfield

Senior barrister Norman O’Bryan, who has conceded that he should be struck from the roll for his conduct in an alleged class action fee scandal, has been subpoenaed to give evidence for lawyer Alex Elliott, the son of O’Bryan’s co-conspirator.

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Theta hit with $2M penalty for defective product disclosure statements
Financial Services 2020-11-19 9:41 pm By Cat Fredenburgh

A court has ordered Theta Asset Management, a collapsed financial services provider that ran a property investment scheme targeting retirees, to pay a $2 million penalty for issuing defective product disclosure statements.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Employment 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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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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