Although not a medical group proceeding, of interest is today’s decision in Bolitho v Banksia Securities Ltd (No 18) (remitter) [2021] VSC 666, available from the Supreme Court library.
As explained in a summary of the judgment, Justice John Dixon found that a litigation funder and five lawyers engaged in egregious conduct in connection with a fraudulent scheme, intending to claim more than $19 million in purported legal costs and funding commission from the settlement sum in a group proceeding.
Justice John Dixon noted that the conduct had corrupted the proper administration of justice. His Honour concluded that the contraveners’ actions were breaches of their respective duties to the court, particularly the paramount duty and overarching obligations imposed on them by the Civil Procedure Act 2010 (Vic).
Orders were made for payment of damages of $11,700,128 to approximately 16,000 group members, plus the costs of the remitter on an indemnity basis.
The Court further ordered that two barristers be removed from the roll of legal practitioners, and that two solicitors be required to show cause as to whether they are fit and proper to remain on the roll of persons admitted to the legal profession.