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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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Lawyer plans complaint to legal watchdog against Banksia team over fees in second class action
Class Actions 2020-08-21 6:14 pm By Christine Caulfield

The legal watchdog in Victoria will be asked to probe potential misconduct against the legal team behind the controversial Banksia Securities class action for their fees in a separate class action, which last year settled for $40 million.

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ACCC seeks contempt finding against ex-Empower Institute lawyer
Legal Ethics 2020-06-15 11:06 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission is seeking a contempt finding against a former solicitor for defunct vocational trainer Empower Institute over alleged billing practices.

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‘Blatant and disgraceful’: Lawyer who stole from clients gets 6 years in prison
Legal Ethics 2020-06-11 5:59 pm By Miklos Bolza

A judge has sentenced a Melbourne-based lawyer to six years in prison for stealing and misusing over $1.7 million in client funds, saying his conduct had “brought the legal profession into disrepute”.

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High Court’s Chorley ruling applies to solo practitioners, court finds
Legal Ethics 2020-05-22 6:38 pm By Alison Eveleigh

The High Court’s abolition of the so-called Chorley exception, which allowed self-represented lawyers to recover their own expenses, also extends to incorporated legal practices through which a sole practitioner operates, a court has found.

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Ex-Johnson Winter & Slattery clients lose bid to split negligence case
Legal Ethics 2020-04-23 12:41 pm By Cat Fredenburgh

Two former clients of Johnson Winter & Slattery cannot split a trial in their negligence proceeding against the law firm and have had a subpoena set aside as “vexatious, oppressive and unfair”.

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Three law firms now facing class actions over Ralan advice
Class Actions 2020-03-12 2:07 pm By Miklos Bolza

Three Sydney-based law firms are now facing claims by Australian-Chinese investors seeking over $6 million in damages for allegedly negligent advice provided about investment properties developed by the now collapsed Ralan Group.

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Barrister appeals finding she overcharged client
Legal Ethics 2020-02-21 1:54 pm By Christine Caulfield

A Sydney criminal barrister is challenging a ruling that she engaged in unsatisfactory professional conduct by performing unnecessary work for her client and threatening to cancel a visit to see him in prison unless his father coughed up $5,000 first.

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IOOF unit’s appeal targets Sparke Helmore
Legal Ethics 2020-01-13 4:48 pm By Miklos Bolza

An IOOF subsidiary has appealed a $76.6 million judgment finding it breached its duty in the sale of a 46,000 hectare plantation by collapsed forestry giant Gunns Group and shooting down its cross claim seeking to pass liability onto law firm Sparke Helmore.

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High Court’s Chorley ruling dooms Tucker & Cowen partner’s costs bid
Business of Law 2020-01-10 11:30 am By Miklos Bolza

A court has slashed the costs awarded to a Tucker & Cowen name partner in a lawsuit brought by the liquidators of failed fund manager Equititrust, citing a recent High Court ruling that found self-represented lawyers cannot recover their own expenses.

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