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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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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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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Allens 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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Market-based causation on the line as first shareholder class action judgment looms
Class Actions 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Arnold Bloch Leibler 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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