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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Arnold Bloch Leibler 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Arnold Bloch Leibler 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Arnold Bloch Leibler 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Arnold Bloch Leibler 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Arnold Bloch Leibler 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Arnold Bloch Leibler 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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IMF drops fight over commission in settled Murray Goulburn class action
ACCC 2019-12-20 9:33 pm By Miklos Bolza

Litigation funder IMF Bentham has thrown in the towel in a battle over its cut of a $42 million settlement in a class action against dairy cooperative Murray Goulburn, accepting the Federal Court’s proposed 25 per cent commission rate after initially seeking 32 per cent.

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$42M Murray Goulburn settlement wins approval, but fight over funder’s cut still on
Agriculture 2019-12-06 2:56 pm By Christine Caulfield

Two months after rejecting the deal because the litigation funder’s cut appeared excessive, a judge has approved a $42 million class action settlement with Murray Goulburn while the funder keeps up the fight over its commission.

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Funder’s cut, legal fees face scrutiny in second Murray Goulburn class action
Agriculture 2019-11-27 11:11 pm By Christine Caulfield

The litigation funder financing the second of two recently settled shareholder class actions against Murray Goulburn will face similar scrutiny over its commission as the funder behind the first action.

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