Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.
A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.
The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.
A judge has made a common fund order in approving a $3 million settlement in a class action against mortgage lending and investment company RMBL, the first common fund order granted since the High Court shot down these orders in the early stages of class actions.
A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.
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.
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.
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.
A judge has signed off on a $37.5 million Murray Goulburn class action settlement but slashed $2 million in legal costs sought by Mark Elliott’s law firm, which is running the case.
Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.