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Banksia class action lawyer loses practicing certificate in ‘bombshell’ move by watchdog
Class Actions 2022-02-04 12:13 pm By Christine Caulfield

The solicitor who was found to have acted as a “postbox” to conceal conflicts of interest in the Banksia class action has lost his practicing certificate ahead of a hearing to show cause why he should remain on the roll.

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Banksia funder to be wound up, liquidators to probe potential claims against directors
Class Actions 2022-01-18 1:23 pm By Christine Caulfield

The litigation funder behind a scam to defraud members of a class action over the collapse of Banksia Securities has entered liquidation, and the funder’s two surviving directors will be among potential targets of attempts to recover money to pay a $21.7 million court judgment.

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Law firms felt the sting of litigation in 2021, with angry clients leading the charge
Feature 2022-01-14 11:21 pm By Cindy Cameronne

Last year brought economic growth and success for law firms, but 2021 was not only marked with good news. A slew of law firms were dragged into litigation by disgruntled ex-clients, with some paying out millions of dollars to resolve lawsuits accusing them of giving bad advice.

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Judge ‘taken aback’ by Maddocks’ settlement stance in $30M negligence case
Professional Negligence 2021-12-20 6:25 pm By Bianca Hrovat

Law firm Maddocks has been ordered to pay more than $1.4 million in indemnity costs for “throwing good money after bad” in failing to consider a settlement offer in a negligence lawsuit over a client’s botched deal with Woolworths. 

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Banksia class action funder enters administration with no assets
Restructuring & Insolvency 2021-12-07 12:24 pm By Christine Caulfield

The litigation funder behind a fraudulent scheme in a class action over Banksia Securities has entered administration with negligible assets to its name.

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Banksia judge made no allowance for ‘youth and inexperience’ of Mark Elliott’s son, appeal says
Appeals 2021-11-26 12:48 pm By Christine Caulfield

The judge who made findings against the son of the mastermind behind the Banksia class action scam may have formed strong views about the 27-year-old’s role before he testified and used the flawed suggestion that he was his father’s right-hand man as an “evidential gap filler”, an appeals court has been told.

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Banksia class action barristers declare bankruptcy after $21.7M judgment
Class Actions 2021-11-19 9:39 pm By Christine Caulfield

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Lawyer takes Banksia class action ruling to appeals court
Appeals 2021-11-08 10:28 am By Christine Caulfield

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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Law firm must pay $13M for negligence that led to client’s botched Woolworths deal
Professional Negligence 2021-10-29 9:53 pm By Cindy Cameronne

A national law firm has been found liable to pay $13 million in damages for giving negligent advice to a former client that led to a botched sale of its business to Woolworths and caused it to go into administration.

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