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Class action funder Mark Elliott did not need a righthand man, Banksia silk says
Andrew Palmer 2020-11-30 10:44 pm By Christine Caulfield Melbourne

The son of the lawyer and funder at the centre of an alleged fee scandal in the Banksia Securities class action was not his father’s righthand man because the late Mark Elliott did not need a righthand man, his co-accused, former senior barrister Norman O’Bryan, has told a court.

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Lawyers wanting to grill Banksia class action silk put on short leash
Andrew Palmer 2020-11-27 10:18 pm By Christine Caulfield Melbourne

A judge has confined the scope of questions lawyers can ask disgraced senior barrister Norman O’Bryan when he takes the stand this week to give evidence for the son of the mastermind behind an alleged fee scam in the Banksia Securities class action.

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Stood-down Qantas workers lose second bid for sick leave
Appeals 2020-11-27 10:13 pm By Christine Caulfield Melbourne

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Appeals 2020-11-27 7:51 pm By Miklos Bolza Sydney

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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High Court to hear challenge to landmark ruling on casual workers’ rights
Adero Law 2020-11-26 1:39 pm By Cat Fredenburgh Melbourne

The High Court has granted special leave to labour hire company WorkPac to challenge a Full Court judgment that granted entitlements to casual workers with regular shifts.

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Solicitor fined for ‘extravagant and intemperate attack’ on opposing counsel after 9-year legal battle
Appeals 2020-11-26 1:05 pm By Cat Fredenburgh Melbourne

The director of a Melbourne law firm has been reprimanded and fined $10,000 for sending two letters to opposing counsel accusing him of being dishonest, following a protracted nine-year legal battle.

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Late document dump in Banksia class action a ‘professional disgrace’, court told
Andrew Palmer 2020-11-26 11:48 am By Christine Caulfield Melbourne

Last-minute discovery of emails by the solicitor facing accusations of complicity in a fraudulent scheme by his father and the barristers leading a class action over the collapse of Banksia Securities has been labelled a “professional disgrace” that has twice delayed his trial.

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Banksia class action judge shoots down barrister’s proportionate liability notice
Andrew Palmer 2020-11-25 10:51 pm By Christine Caulfield Melbourne

The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O’Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister’s decision to concede defeat in the case.

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CFMEU liable for officers’ refusal to produce permits, Full Court holds
Appeals 2020-11-25 6:58 pm By Spencer Fowler Steen Melbourne

The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen Melbourne

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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