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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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Hendry Group says ex-CEO ousted because of ‘serious concerns’, not sex discrimination complaints
Employment 2021-03-17 4:30 pm By Miklos Bolza

Business consultancy Hendry Group has told a court there was “no possible causal connection” between sex discrimination complaints brought by a former CEO and her suspension, saying that the company showed her the door because of “genuine and serious concerns” about her conduct.

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Class Actions 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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Silk Norman O’Bryan loses bid to reopen his defence in Banksia class action
Class Actions 2021-03-16 11:26 am By Christine Caulfield

Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows he did not retain an interest in the litigation funder behind the case.

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Lawyers, funder in Banksia misconduct case could face $10M hit
Class Actions 2021-03-15 11:02 pm By Christine Caulfield

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.

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Judge knocks prominence of cross-claims in notice to Tandem class action members
Employment 2021-03-04 4:01 pm By Christine Caulfield

An opt out notice proposed to be given to group members in an underpayment class action against a unit of labour hire firm Tandem has been criticised by a judge as skewed to details of their exposure to cross-claims by the company.

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Tandem gets OK to file rare class action cross-claims against group members
Class Actions 2021-02-09 3:31 pm By Miklos Bolza

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Law firm, barrister face negligence trial over client’s loss in $24.5M property spat
Professional Negligence 2021-01-28 4:15 pm By Miklos Bolza

A Melbourne law firm and barrister will soon face trial over allegations of breach of fiduciary duty brought by a former client who lost a lawsuit over a $24.5 million property joint venture.

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Street Swags charity founder loses case over dismissal following fraud charges
Employment 2021-01-19 3:13 pm By Christine Caulfield

The founder of a charity that provides sleeping bags to homeless people has lost her unfair dismissal case after she went “to war” with the non-profit in the Fair Work Commission following a string of fraud charges levelled against her.

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