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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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AMP clashes with BOLR class action over releases for financial advisers
Financial Services 2020-11-24 6:52 pm By Christine Caulfield

Lawyers behind a class action against AMP over changes to its buyer of last resort policy have told a court the parties can’t agree on releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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Judge tosses most of ACCC’s defective caravans case against Jayco
Competition & Consumer Protection 2020-11-23 7:24 pm By Christine Caulfield

A judge has dismissed the bulk of a consumer case brought by the ACCC against caravan and campervan manufacturer Jayco Corp, finding that the regulator’s action fell short of proving allegations of unconscionable conduct.

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Grocon ‘reluctantly’ puts construction biz into administration
Construction 2020-11-20 4:39 pm By Miklos Bolza

Property developer Grocon has “reluctantly” put its construction business into administration, blaming the NSW government’s handling of the Central Barangaroo development project which has sparked a $270 million lawsuit in the NSW Supreme Court.

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Peters tried to ice competitors out of frozen treats market, ACCC claims
Competition & Consumer Protection 2020-11-20 1:36 pm By Spencer Fowler Steen

The ACCC has taken iconic Australian ice cream company Peters to court for allegedly harming competition in the market for single serve ice cream supplied to service stations, depriving ice cream lovers of cheaper varieties of frozen treats.

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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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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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