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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Andrew Palmer 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
ASIC 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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Class action against collapsed Linchpin Capital gets court go-ahead
Class Actions 2020-12-07 3:11 pm By Christine Caulfield

A judge has given his blessing to investors to pursue a class action against financial services firm Linchpin Capital and its subsidiary Endeavour Securities, saying there was a strong possibility the failed companies’ alleged liability would be covered by an insurance policy.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Andrew Palmer 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Andrew Palmer 2020-12-02 11:12 pm By Christine Caulfield

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
ASIC 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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‘I idolised dad’: Banksia funder’s son takes stand over class action fee scandal
Andrew Palmer 2020-12-01 7:05 pm By Christine Caulfield

The mastermind behind an alleged fraudulent scheme by members of the legal team running the class action over the collapse of Banksia Securities was a “brilliant operator”, his son has told a court.

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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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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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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
ASIC 2020-11-26 6:58 pm By Miklos Bolza

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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