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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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Papyrus settles defamation suit with former CEO over missing name in annual report
Agriculture 2020-09-22 2:27 pm By Christine Caulfield

Sustainable technology company Papyrus Australia has reached a settlement with its former CEO in a defamation case that alleged the omission of his name in the company’s 2018 annual report was akin to calling him a liar.

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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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Partial success for Moray & Agnew in ‘fruit of the action’ lien fight with Probuild
Construction 2020-09-10 12:11 pm By Alison Eveleigh

Moray & Agnew has partially won its bid to reclaim over $260,000 in unpaid costs after its client was wound up amid a long-running legal battle with construction company Probuild.

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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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Banksia judge appeared to take ‘very dim view’ of lawyer Alex Elliott, court told
Class Actions 2020-09-02 9:42 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action appeared to express ā€œa very dim viewā€ of Alex Elliott, the son of class action lawyer Mark Elliott, and should not hear the case against him, a court has heard.

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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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