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Army chief gets another chance to block war crimes docs in Ben Roberts-Smith case
Defamation 2020-09-08 4:39 pm By Miklos Bolza

The chief of the Australian Defence Force has been given the opportunity to put on further evidence after a judge said he would otherwise order that material provided to a war crimes inquiry by Ben Roberts-Smith be produced in the war veteran’s defamation case against three news publishers.

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Top judge won’t help class action lawyers get childcare ahead of trial in locked down Vic
COVID-19 2020-08-28 11:33 pm By Christine Caulfield

The Federal Court’s top judge has refused a bid by the lead applicant in a class action against Crown Resorts to have the case declared a priority matter to allow Melbourne-based lawyers access to childcare while they prepare for a six-week trial.

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‘Enough’s enough’: Court cuts bid for lengthy plea discussions in ANZ cartel case
Competition & Consumer Protection 2020-08-25 5:13 pm By Miklos Bolza

A local court magistrate overseeing the ANZ criminal cartel case has denied a bid by prosecutors to be given twice the length of time typically allotted to parties for case conference discussions, saying the sooner the proceedings can be transferred to the Federal Court the better.

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Commonwealth Bank hit with class action over insurance ‘rort’
Insurance 2020-08-21 10:41 pm By Cat Fredenburgh

The Commonwealth Bank of Australia has been hit with another class action for allegedly pushing insurance policies with excessive premiums onto customers.

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Marketing company Aida settles sham contracting group action
Employment 2020-08-20 2:11 pm By Miklos Bolza

International direct marketing company Aida Sales and Marketing has settled a multimillion-dollar group action accusing it of engaging in wage theft and sham contracting.

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Crown class action lawyers to seek priority status as COVID-19 lockdown makes trial prep ‘impossible’
Class Actions 2020-08-14 11:04 pm By Christine Caulfield

The lead applicant in a shareholder class action against Crown Resorts will ask the Federal Court to declare the proceedings a priority matter so that lawyers readying the case for an upcoming trial in Melbourne can access childcare despite stage 4 COVID-19 restrictions in Victoria.

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Banksia class action costs consultant denies he was Mark Elliott’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 “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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Silk Norman O’Bryan likely to face further scrutiny after admissions in Banksia class action
Analysis 2020-08-06 9:06 pm By Christine Caulfield

Barrister Norman O’Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.

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Receivers may go after Mark Elliott’s estate for adverse costs in Banksia class action
Class Actions 2020-08-04 9:47 pm By Alison Eveleigh

Receivers appointed in the wake of the collapse of Banksia Securities may seek costs orders against the estate of deceased funder and class action lawyer Mark Elliott, a court has heard. Meanwhile, the Victorian Bar says it has “every confidence in the judicial process” after senior counsel Norman O’Bryan yesterday abandoned his defence of misconduct allegations stemming from the case.

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