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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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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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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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Banksia class action lawyer never asked to see barrister’s fee slips, admits ‘gross dereliction to clientsā€™
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 ā€˜gross dereliction’ to his clients.

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Banksia class action costs consultant denies he was Mark Elliottā€™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 ā€œdogsbodyā€ of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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