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Insurer may be dragged into Banksia class action after death of cost consultant
Class Actions 2020-10-08 6:01 pm By Christine Caulfield

The cost consultant joined as a defendant in the trial over alleged misconduct by the Banksia class action legal team has died, the second person implicated in the fee scandal to die this year.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Class Actions 2020-09-23 9:35 pm By Alison Eveleigh

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a ā€œfull and frankā€ explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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Banksia judge orders Alex Elliott to reveal financial interests in fatherā€™s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his fatherā€™s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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Fight brewing over whether group members can face cross-claims in Tandem class action
Class Actions 2020-09-14 4:07 pm By Miklos Bolza

A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.

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Judge approves Falls Festival class action settlement, leaves legal fee concerns for later
Class Actions 2020-09-10 4:42 pm By Miklos Bolza

A Victoria Supreme Court judge has given the greenlight to a $5.7 million settlement in a class action brought by those injured during a 2016 stampede at the Falls Music and Arts Festival.

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ā€˜An indulgenceā€™: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliottā€™s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ā€˜an indulgenceā€™.

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‘Not tenable’: Banksia judge tosses Alex Elliottā€™s request that he recuse himself
Class Actions 2020-09-07 9:57 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied a recusal application brought by Alex Elliott, the son of deceased class action lawyer Mark Elliott, who was joined to the proceedings in August.

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