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Five law firms to spar over liability in $15M Dover Financial negligence case
Adam Coote 2020-11-18 12:59 pm By Cat Fredenburgh Melbourne

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Boral execs can’t dodge Setka case over dropped blackmail charges
Andrew Roe 2020-10-07 3:51 pm By Miklos Bolza Sydney

Two Boral executives have failed in their bid to shut down a false imprisonment and malicious prosecution lawsuit brought by union heavyweight John Setka relating to dropped blackmail charges.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Agriculture 2020-10-05 5:14 pm By Christine Caulfield Melbourne

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Angus Christophersen 2020-10-02 1:54 pm By Christine Caulfield Melbourne

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Anton Trichardt 2020-09-23 9:35 pm By Alison Eveleigh Sydney

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a “full and frank” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Angel Aleksov 2020-09-15 7:01 pm By Alison Eveleigh Sydney

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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‘An indulgence’: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Angel Aleksov 2020-09-09 2:31 pm By Alison Eveleigh Sydney

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliott’s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ‘an indulgence’.

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‘Not tenable’: Banksia judge tosses Alex Elliott’s request that he recuse himself
Angel Aleksov 2020-09-07 9:57 pm By Alison Eveleigh Sydney

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied a recusal application brought by Alex Elliott, the son of deceased class action lawyer Mark Elliott, who was joined to the proceedings in August.

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Banksia judge appeared to take ‘very dim view’ of lawyer Alex Elliott, court told
Angel Aleksov 2020-09-02 9:42 pm By Alison Eveleigh Sydney

The judge overseeing professional misconduct claims against lawyers in the Banksia class action appeared to express “a very dim view” of Alex Elliott, the son of class action lawyer Mark Elliott, and should not hear the case against him, a court has heard.

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Law firm says Treasury Wine can’t appeal class action ruling without court OK
Cameron Moore 2020-09-02 5:37 pm By Christine Caulfield Melbourne

Maurice Blackburn is pushing back against an appeal by Treasury Wine Estates, which accuses the law firm and a barrister of breaching their obligations by using evidence discovered in a settled class action to launch a second case against the wine maker.

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