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ISignthis ups damages in case against ASX to $264M
Securities 2020-08-21 10:17 pm By Christine Caulfield

Fintech company iSignthis, which initially sought $27 million from the ASX in a suit alleging the market operator’s suspension of its share led to lost contracts, has increased the claim for damages to more than $264 million.

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Banksia funder’s son must give ‘full and frank’ explanation of alleged role in fee scandal
Trials 2020-08-21 3:55 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the funder behind the Banksia Securities class action, has been ordered to give a “full, frank and honest” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case, and he risks his career if he’s not forthcoming.

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Class action wants GetSwift to give heads up if cash dips below $25M
Securities 2020-08-19 10:01 pm By Christine Caulfield

The lead applicant in a shareholder class action against GetSwift and its managing director wants the logistics provider to give notice of any decision that would see its cash and other liquid holdings fall to less than $25 million.

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Judge drags Mark Elliott’s son, costs consultant into Banksia class action fee scandal
Class Actions 2020-08-19 5:15 pm By Christine Caulfield

The son of controversial funder and lawyer Mark Elliott has been joined to proceedings alleging the lawyers behind the Banksia Securities class action conspired to pocket excessive fees in the case, after a court heard there was a “litany” of evidence he was party to the alleged fraudulent scheme.

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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Securities 2020-08-14 11:41 pm By Christine Caulfield

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Crown class action lawyers to seek priority status as COVID-19 lockdown makes trial prep ‘impossible’
Class Actions 2020-08-14 11:04 pm By Christine Caulfield

The lead applicant in a shareholder class action against Crown Resorts will ask the Federal Court to declare the proceedings a priority matter so that lawyers readying the case for an upcoming trial in Melbourne can access childcare despite stage 4 COVID-19 restrictions in Victoria.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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GetSwift class action trial vacated as judge asked to recuse himself
Class Actions 2020-08-13 10:15 pm By Cat Fredenburgh

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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Banksia class action costs consultant denies he was Mark Elliott’s ‘dogsbody’
Class Actions 2020-08-13 10:14 pm By Alison Eveleigh

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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