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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

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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Tandem unit’s bid to shut down sham contracting class action fails again
Brendan Avallone 2020-11-30 2:02 pm By Christine Caulfield

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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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

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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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

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

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

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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Judge approves $3.4M in costs in $5.7M Falls Festival class action settlement
Class Actions 2020-11-23 1:46 pm By Cat Fredenburgh

A judge has signed off on nearly $3.4 million in costs in a $5.7 million settlement reached in a class action over a 2016 stampede at the Falls Music and Arts Festival in Victoria.

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Silk Norman O’Bryan called to take stand in Banksia class action
Andrew Palmer 2020-11-20 1:20 pm By Christine Caulfield

Senior barrister Norman O’Bryan, who has conceded that he should be struck from the roll for his conduct in an alleged class action fee scandal, has been subpoenaed to give evidence for lawyer Alex Elliott, the son of O’Bryan’s co-conspirator.

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Appeals 2020-11-17 10:37 am By Cat Fredenburgh

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Andrew Palmer 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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