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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

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

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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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

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

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

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

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

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

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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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Arnold Bloch Leibler 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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Victoria’s stage 4 lockdown imperils Robodebt class action trial
Andrew Roe 2020-08-13 2:34 pm By Miklos Bolza

An impending three-week trial for the Robodebt class action may be in danger due to stage 4 lockdown measures in place in Victoria to control a second wave of coronavirus cases, with the top lawyer for the class telling the court he might need to step down due to homeschooling obligations if the lockdown overlaps with the trial.

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