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Receivers may go after Mark Elliottā€™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 ā€œevery confidence in the judicial processā€ after senior counsel Norman Oā€™Bryan yesterday abandoned his defence of misconduct allegations stemming from the case.

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Fundraiser Appco settles ‘sham’ contracting class action
Class Actions 2020-08-04 11:48 am By Miklos Bolza

Fundraising company Appco has reached a settlement to resolve a class action alleging it misclassified its army of sales people as independent contractors.

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Adero to issue correction notice in On The Run class action
Employment 2020-08-03 9:56 pm By Alison Eveleigh

The law firm running an underpayments class action against petrol convenience store chain On The Run has been ordered to issue a notice correcting certain statements made on its website about the company and the class action, including that the claims in the case are worth up to $70 million.

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Shareholder class actions ‘raise the bar’ for corporate behaviour, inquiry hears
Class Actions 2020-08-03 9:30 pm By Alison Eveleigh

Shareholder class actions protect shareholder value and promote long-term system changes, an Australian superannuation fund has told the government’s latest class action inquiry.

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Top silk abandons defence, expresses ‘very deep regret’ over conduct in Banksia class action
Class Actions 2020-08-03 6:02 pm By Miklos Bolza

Barrister Norman O’Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.

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Lawyers say judge has power to close class action with tweak to group member definition
Class Actions 2020-07-31 10:35 pm By Alison Eveleigh

Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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Commonwealth Bank, Westpac’s BT face potential class actions over insurance ‘rort’
Class Actions 2020-07-31 4:16 pm By Christine Caulfield

Shine Lawyers is investigating two new class actions against Commonwealth Bank of Australia and Westpac’s BT Funds Management over allegedly excessive insurance premiums, a week after filing a similar case against AMP’s life insurance arm.

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Judge questions whether Banksia class action lawyers should be struck off roll
Class Actions 2020-07-30 9:11 pm By Alison Eveleigh

The judge overseeing a trial over legal fees and funding commission in the Banksia Securities class action has questioned whether the lawyers behind the case should remain on the roll of practitioners if allegations of misconduct aired in the hearing so far — which include billing for phantom costs — are made out.

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Arrium liquidators win fight over examination of director for potential class action
Restructuring & Insolvency 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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Judge criticises ‘unhelpful’ Robodebt class action applicants as discovery narrows
Class Actions 2020-07-30 3:17 pm By Miklos Bolza

A judge has narrowed discovery in a class action against the Commonwealth of Australia over allegedly unlawful Robodebt payments, criticising the lead applicants for persisting with an approach to discovery that “was not a particularly helpful one”.

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