Lawyers linked to litigation funding face court censure: Bolitho v Banksia Securities Limited (No.4) [2014] VSC 582

In Bolitho v Banksia Securities Limited (No 4) [2014] VSC 582 the Supreme Court of Victoria concluded that the proper administration of justice, including the appearance of justice, required that the lawyers representing the plaintiff in the group proceeding should be restrained from continuing to act for the plaintiff. This Victorian case illustrates how courts are likely to respond when lawyers attempt to circumvent the prohibition on contingency fees through litigation funding in which they have a financial interest.

An abuse of process - traditionally: Smith v Lucht [2014] QDC 302

In Smith v Lucht [2014] QDC 302 McGill DCJ considered whether in Queensland the concept of abuse of process was sufficiently broad as to encompass circumstances in which the resources of the court and the parties to be expended to determine the claim were out of all proportion to the interest at stake. Stay of proceedings - abuse of process - whether disproportionality between interest at stake and costs of litigating may amount to abuse of process - plaintiff with good cause of action entitled to pursue it.

Studio portrait of Werner and Hans Rath; Mannheim Portraits Family

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Portrait of young Hans Frankenbach seated at a desk Portraits Men

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Family portrait including Elsa Fleissig nee Loewenthal, August Fleissig, Lena Loewenthal, Hans Frankenbach and Justin Loewenthal Portraits Family

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Mr. and Mrs. Fuerst Berlin, Hans Frankenbach, Wronker Slogau? and Lilienthal Berlin seated at an outdoor table; Brambach, Germany Portraits Goups

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Outdoor portrait of Hans Frankenbach (right) with unidentified boy Portraits Children

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Portrait of Hans Bernkopf Portraits Men

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Studio portrait of Hans Bernkopf Portraits Men

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Studio portrait of Hans Bernkopf as a young man. Portraits Men

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Outdoor portrait of Ellen Bernkopf nee Catzenstein with her husband Hans Bernkopf; Paris, France. Portraits Couples

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Hans Krakauer and Elizabeth Krakauer nee Gottschalk; Boston, New York. Portraits Couples

Photograph taken in front of the house in Boston, in upstate New York outside of Buffalo, where in 1939 they set up their private medical practice. After WWII, they built a new house next door.

Wedding portrait of Hans Krakauer and Elizabeth Godshaw (Gottschalk); Hannover, Germany. Portraits Couples

In the apartment on Ruemkorffstrasse that the Gottschalks occupied after being forced to sell their house.

Paula Wallerstein nee Molling holding her grandson Hans Stern.

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"Klo-Ku-Ba", Hans and Elizabeth Krakauer's first apartment in the basement of the Jewish Hospital; Hannover, Germany.

"Klo-Ku-Ba" the first apartment of Hans and Elizabeth in the basement of the Jewish Hospital in Hannover, Germany. The one room served as kitchen, bedroom, and bathroom which was shared by the other residents on the medical staff. Klo-Ku-Ba: Klosett, Kueche, Bad