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Banksia class action law firm flags proportionate liability argument
Class Actions 2020-05-19 5:42 pm By Christine Caulfield

The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.

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Virgin administration a billables bonanza for top firms
Clayton Utz 2020-05-18 3:44 pm By Alison Eveleigh

The Virgin Australia administration continues to boost billables at the top end of town, with a short list of “well-funded” buyers revealed on Monday and an intense four weeks ahead as the bidders and their law firms scramble to make binding offers by the mid-June deadline.

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Ben Roberts-Smith says vindication only possible in open court
Defamation 2020-05-14 8:21 pm By Miklos Bolza

War veteran Ben Roberts-Smith  has told a judge hearing defamation proceedings against several media companies over articles accusing him of war crimes that he can only be vindicated if he is allowed to give evidence in open court, as the Federal Government seeks to impose restrictions on the case due to national security concerns.

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AMP accused of poaching 11 employees from wealth management software company
Employment 2020-05-11 4:16 pm By Miklos Bolza

A software company is suing a subsidiary of AMP for breach of contract after the financial services firm allegedly induced 11 employees to jump ship after licensing its online advisor platform.

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Law firm should personally pay costs for individual pelvic mesh cases, judge says
Product Liability 2020-05-11 3:10 pm By Miklos Bolza

A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.

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Ben Roberts-Smith defamation trial vacated over coronavirus, national security concerns
Defamation 2020-05-08 10:27 pm By Christine Caulfield

The six-week trial in four defamation cases brought by war veteran Ben Roberts-Smith has been pushed off because of restrictions on in-person hearings and the Attorney-General’s decision to invoke national security law and cloak the proceedings in secrecy.

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Settling plaintiffs get first dibs on Parkerville bushfire defendant’s assets
Class Actions 2020-05-08 9:23 pm By Christine Caulfield

The first-past-the-post principle applies to enforcement of settlements in collective actions over a 2014 bushfire in Western Australia, a judge has held, in a ruling that could have ramifications for all class actions.

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Arnold Bloch Leibler wins access to Quindell due diligence docs
Corporate 2020-05-08 8:19 pm By Miklos Bolza

Arnold Bloch Leibler has been granted access to due diligence docs related to Slater and Gordon’s $1.2 billion acquisition of professional services firm Quindell, to use in its defence of a class action over advice it gave on the troubled acquisition.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Class Actions 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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