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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Andrew Palmer 2021-03-17 10:44 pm By Christine Caulfield Melbourne

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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Silk Norman O’Bryan loses bid to reopen his defence in Banksia class action
Allan Myers 2021-03-16 11:26 am By Christine Caulfield Melbourne

Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows he did not retain an interest in the litigation funder behind the case.

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Lawyers, funder in Banksia misconduct case could face $10M hit
Andrew Palmer 2021-03-15 11:02 pm By Christine Caulfield Melbourne

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.

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Barrister in hot water over inappropriate conduct of ‘sexual character’
Business of Law 2021-03-05 1:43 pm By Cindy Cameronne Sydney

A NSW barrister who allegedly pushed an assistant clerk’s head while making a sexual remark at a professional dinner is facing disciplinary action for unsatisfactory professional conduct.

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National law firm sued by sacked ANZ trader, accused of withholding client file
ANZ 2021-02-26 1:43 pm By Miklos Bolza Sydney

A sacked ANZ trader who alleges he was fired after making complaints about rate-rigging at the bank has sued his former law firm for allegedly withholding documents needed to amend his case against the big four bank.

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Judge who called expert conclave a ‘car crash’ won’t recuse herself
Healthcare 2021-02-22 1:04 pm By Spencer Fowler Steen Melbourne

A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Law firm can’t delay appeal over unpaid bill because QC won’t fly without vaccine
Alastair Vincent 2021-02-17 2:54 pm By Christine Caulfield Melbourne

Law firm Atanaskovic Hartnell has failed to postpone its appeal of a ruling over unpaid legal fees until after its senior counsel — who is stuck in London — can get a COVID-19 vaccine and return to Australia.

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High Court to weigh whether judges should socialise with barristers during a case
High Court 2021-02-17 1:29 pm By Spencer Fowler Steen Melbourne

The High Court will consider whether judges should steer clear of barristers outside the court room, after a husband appealed a ruling by a judge who socialised with his wife’s lawyer during their two-year divorce trial.

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Law firm ordered to cease acting in $51M property spat with ex-client
Associate Justice Melissa Daly 2021-02-15 3:59 pm By Spencer Fowler Steen Melbourne

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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‘Ancient allegations’: Judge rejects bid for new pleading in client’s 1993 case against solicitor
Construction 2021-02-05 6:05 pm By Christine Caulfield Melbourne

A judge has refused a bid to file a new pleading in a $1.3 million “squabble” with an “unfortunate history” between a client and his former solicitors, one of whom is now dead, dating back to 1993.

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