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Clock’s ticking for Mayfair companies to obtain legal representation
Financial Services 2020-12-10 2:04 pm By Miklos Bolza

Embattled Mayfair Group director James Mawhinney is under pressure to secure legal representation to defend his companies against a misleading and deceptive conduct case brought by ASIC, but the Big Six firm he has in mind has yet to commit. 

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Judge finds ‘good reason’ for Linchpin examination docs to be used in class action
Class Actions 2020-12-10 1:58 pm By Miklos Bolza

A judge has allowed documents obtained from examination proceedings against directors of Linchpin Capital to be used in a class action against the failed financial services group.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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Class action against collapsed Linchpin Capital gets court go-ahead
Restructuring & Insolvency 2020-12-07 3:11 pm By Christine Caulfield

A judge has given his blessing to investors to pursue a class action against financial services firm Linchpin Capital and its subsidiary Endeavour Securities, saying there was a strong possibility the failed companies’ alleged liability would be covered by an insurance policy.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Class Actions 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Class Actions 2020-12-02 11:12 pm By Christine Caulfield

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
Corporate 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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‘I idolised dad’: Banksia funder’s son takes stand over class action fee scandal
Class Actions 2020-12-01 7:05 pm By Christine Caulfield

The mastermind behind an alleged fraudulent scheme by members of the legal team running the class action over the collapse of Banksia Securities was a “brilliant operator”, his son has told a court.

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