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Banksia funder’s son must give ‘full and frank’ explanation of alleged role in fee scandal
Trials 2020-08-21 3:55 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the funder behind the Banksia Securities class action, has been ordered to give a “full, frank and honest” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case, and he risks his career if he’s not forthcoming.

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Court approves $2.9M penalty against HealthEngine for misleading reviews
Competition & Consumer Protection 2020-08-20 1:20 pm By Miklos Bolza

A court has approved a $2.9 million penalty against medical booking platform HealthEngine after the company admitted to deleting and altering unfavourable reviews and misusing consumer data.

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$2.5M settlement in GST class action wins court approval
Class Actions 2020-08-19 5:34 pm By Alison Eveleigh

A judge has signed off on a $2.5 million settlement of a class action against the developers of the Governor Place residential complex in Canberra brought by apartment owners over the GST payments on their units, with the funder of the proceedings to earn $1.9 million.

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Judge drags Mark Elliott’s son, costs consultant into Banksia class action fee scandal
Class Actions 2020-08-19 5:15 pm By Christine Caulfield

The son of controversial funder and lawyer Mark Elliott has been joined to proceedings alleging the lawyers behind the Banksia Securities class action conspired to pocket excessive fees in the case, after a court heard there was a “litany” of evidence he was party to the alleged fraudulent scheme.

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Silk Norman O’Bryan, Mark Elliott’s son targeted in bid to recoup $7M legal bill
Trials 2020-08-17 9:22 pm By Christine Caulfield

Disgraced senior counsel Norman O’Bryan and the son of deceased lawyer Mark Elliott are among the targets of a summons for $7 million in legal bills racked up in the fight over commission and costs in the Banksia Securities class action, a fight that has already claimed the career of O’Bryan and another barrister.

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Procter & Gamble drops spat with Colgate-Palmolive over whitening toothpaste ads
Competition & Consumer Protection 2020-08-17 1:32 pm By Christine Caulfield

Consumer goods giant Procter & Gamble has dropped a lawsuit accusing competitor Colgate-Palmolive of breaching consumer laws by making false claims about the performance of its whitening toothpaste that threatened to push its own brand of whitener off the shelves.

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Banksia class action lawyer never asked to see barrister’s fee slips, admits ‘gross dereliction to clients’
Class Actions 2020-08-14 9:57 pm By Alison Eveleigh

The solicitor on the record in a class action over the collapse of Banksia Securities has admitted that he never asked to see the fee slips of one of the barristers acting in the case, conceding that this was a ‘gross dereliction’ to his clients.

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Banksia class action costs consultant denies he was Mark Elliott’s ‘dogsbody’
Class Actions 2020-08-13 10:14 pm By Alison Eveleigh

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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Transurban’s West Gate Tunnel dispute with CPB, John Holland goes to arbitration
Transportation & Infrastructure 2020-08-12 4:04 pm By Alison Eveleigh

A judge has ordered that disputes arising between Transurban and a group of contractors over the discovery of toxic PFAS chemicals in the soil at the site of the multi-billion dollar West Gate Tunnel project in Melbourne be sent to arbitration.

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