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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Boston Scientific faces possible pelvic mesh class action
Class Actions 2020-10-30 12:08 pm By Miklos Bolza

A Sydney-based law firm is conducting a class action investigation into medical device manufacturer Boston Scientific’s pelvic mesh products, adding to the growing list of companies facing lawsuit by women who claim they experienced pain and other adverse symptoms due to the implants.

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Westpac settles US class actions over BBSW trading, money laundering disclosures
Class Actions 2020-10-30 10:59 am By Christine Caulfield

Westpac has reached settlements in two separate US class actions over the bank’s trading activity in the bank bill swap rate market and disclosures in relation to its compliance with Australia’s anti-money laundering and counter-terrorism financing laws.

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Pitcher Partners’ bid for indemnity costs from class action gets poor reception
Class Actions 2020-10-29 7:12 pm By Miklos Bolza

A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.

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Claims of loss questioned in MySuper class action against NAB units
Financial Services 2020-10-29 4:04 pm By Christine Caulfield

A judge has raised doubts about claims of loss and damage in a class action by members of superannuation funds operated by NAB units MLC and NULIS over alleged MySuper mismanagement, as he determines a challenge to whether the case was validly brought as a class action.

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$1.9M settlement is best it’s going to get, says law firm behind Appco class action
Class Actions 2020-10-29 2:10 pm By Christine Caulfield

Facing an uphill battle to win approval for a $1.9 million settlement in a sham contracting class action against fundraiser Appco Group, a lawyer for the case has told a court there is no money left to pursue.

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Doubts raised years ago about claims in dropped Pitcher Partners class action, court hears
Class Actions 2020-10-28 10:20 pm By Miklos Bolza

Johnson Winter & Slattery persisted with a shareholder class action over auditing advice given to Slater & Gordon despite concerns about the strength of the claims raised in late 2017, Pitcher Partners has told the Federal Court as it seeks indemnity costs for the now abandoned proceeding.

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