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Silk Norman O’Bryan, Mark Elliott’s son targeted in bid to recoup $7M legal bill
Arnold Bloch Leibler 2020-08-17 9:22 pm By Christine Caulfield Melbourne

Disgraced senior counsel Norman O’Bryan and the son of deceased lawyer Mark Elliott are among the targets of a summons for $7 million in legal bills racked up in the fight over commission and costs in the Banksia Securities class action, a fight that has already claimed the career of O’Bryan and another barrister.

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Insurers dragged into Gunns plantation class action
Agriculture 2020-08-17 3:15 pm By Cat Fredenburgh Sydney

Two insurance companies have been joined as respondents to a class action against forestry giant Gunns over the failure of six managed investment schemes for eucalyptus wood in Tasmania.

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Procter & Gamble drops spat with Colgate-Palmolive over whitening toothpaste ads
Competition & Consumer Protection 2020-08-17 1:32 pm By Christine Caulfield Melbourne

Consumer goods giant Procter & Gamble has dropped a lawsuit accusing competitor Colgate-Palmolive of breaching consumer laws by making false claims about the performance of its whitening toothpaste that threatened to push its own brand of whitener off the shelves.

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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Alan Shearer 2020-08-14 11:41 pm By Christine Caulfield Melbourne

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Crown class action lawyers to seek priority status as COVID-19 lockdown makes trial prep ‘impossible’
Class Actions 2020-08-14 11:04 pm By Christine Caulfield Melbourne

The lead applicant in a shareholder class action against Crown Resorts will ask the Federal Court to declare the proceedings a priority matter so that lawyers readying the case for an upcoming trial in Melbourne can access childcare despite stage 4 COVID-19 restrictions in Victoria.

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Banksia class action lawyer never asked to see barrister’s fee slips, admits ‘gross dereliction to clients’
Arnold Bloch Leibler 2020-08-14 9:57 pm By Alison Eveleigh Sydney

The solicitor on the record in a class action over the collapse of Banksia Securities has admitted that he never asked to see the fee slips of one of the barristers acting in the case, conceding that this was a ‘gross dereliction’ to his clients.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Bannister Law 2020-08-14 9:50 pm By Christine Caulfield Melbourne

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield Melbourne

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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GetSwift class action trial vacated as judge asked to recuse himself
ASIC 2020-08-13 10:15 pm By Cat Fredenburgh Melbourne

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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Banksia class action costs consultant denies he was Mark Elliott’s ‘dogsbody’
Arnold Bloch Leibler 2020-08-13 10:14 pm By Alison Eveleigh Sydney

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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