<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A top barrister from a prominent legal family has been spared </span><a href="https://www.9news.com.au/jail" rel="" target="" title="jail"><span>jail</span></a><span> time after trying to falsely claim fees from vulnerable class action clients.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Norman O'Bryan, who is related to three judges, clearly breached the trust of the Banksia Securities class action members, </span><a href="https://www.9news.com.au/courts" rel="" target="" title="Victorian County Court"><span>Victorian County Court</span></a><span> Judge Fran Dalziel said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But the 68-year-old's remorse and longstanding good character meant he could be sufficiently punished without being sent to jail, the judge said.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/world/kouri-richins-sons-scared-mother-widow-book-grief-sentenced-life-murder-eric-richins-utah-usa/0c9a2fea-cc78-4018-b0d9-c652a468f443" rel="" target="" title="Sons claim they are scared of mother who wrote book on grief after murdering their father"><strong><span>Sons claim they are scared of mother who wrote book on grief after murdering their father</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He was instead convicted and sentenced to a four-year community corrections order with 600 hours of unpaid community work - the maximum amount that can be ordered by the court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"This was not a subtle crossing of the line," Judge Dalziel said in her sentencing remarks on Thursday.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The dishonesty was blatant and would have been obvious to Mr O'Bryan as he carried it out."</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/top-barrister-spared-jail-time-for-blatant-dishonesty/05f8e65d-aca5-465e-a3b8-7b784aaf2ef6" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Banksia Securities collapsed in October 2012, owing about $663 million to more than 16,000 debenture holders, many of whom were elderly and lost their retirement funds.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A judge approved a $64 million settlement for class action members, and about $20 million in fees and commissions for lawyers, including O'Bryan.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>O'Bryan's offending was uncovered after Wendy Botsman, a retired nurse and debenture holder, appealed against the Supreme Court settlement as the legal fees attached were excessive.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>O'Bryan and another lawyer, who has since died, attempted to dissuade Botsman from pursuing her appeal by threatening her with further costs.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But her appeal was upheld, and the matter was remitted to the Supreme Court, where a judge found against O'Bryan in 2021.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Justice John Dixon ordered more than $20 million to be recovered, and O'Bryan sold his house to pay back $1.25 million.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He declared bankruptcy, was struck off as a barrister in 2021, and returned his Order of </span><a href="https://www.9news.com.au/national" rel="" target="" title="Australia"><span>Australia</span></a><span> medal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Police began investigating O'Bryan in 2022 and found he billed the class action members at the same time as being overseas or representing other clients in court, including the </span><a href="https://www.9news.com.au/national/court-to-rule-on-coles-down-down-discounts/87c74739-1bf4-48da-8a61-9c4361392f1d" rel="" target="" title="ACCC"><span>ACCC</span></a><span>.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/weather-forecast-sydney-unusual-tasman-sea-giving-late-burst-warmth-before-winter/59859889-81ee-48e5-9c5c-864a24083fde" target="_blank"><strong><span>Unusual Tasman Sea weather giving Sydney late burst of warmth before winter</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>None of the clients was made to pay the falsely claimed fees, but Judge Dalziel found harm was still caused, and O'Bryan's conduct should be condemned.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"He breached the trust of his clients and failed to act with the integrity required of lawyers in general and senior counsel in particular," the judge said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But Judge Dalziel accepted O'Bryan had shown remorse by pleading guilty to a charge of attempting to obtain a financial advantage by deception.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He was also of prior good character through his years of extensive pro-bono work, and there was little to no chance he would re-offend, the judge found.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>She sentenced O'Bryan to the four-year corrections order with conviction, noting he would have been jailed for two years if he had not pleaded guilty.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>O'Bryan's father and grandfather - both also named Norman O'Bryan - spent decades as Supreme Court judges during the 20th century.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>His brother Michael O'Bryan was made a Federal Court judge in 2019 and on Thursday handed down a landmark decision in the consumer watchdog's case against </span><a href="https://www.9news.com.au/coles" rel="" target="" title="Coles"><span>Coles</span></a><span>.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>O'Bryan's other brother, Stephen, became a silk in 2003.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/world/donald-trump-china-visit-beijing-elon-musk-billionaires-apple-boeing-tesla-brett-ratner-usa-news/ab06c2f2-4bdd-4b78-9f1e-1e779a0abba4" target="_blank"><strong><span>The motley crew of billionaires tagging along on Trump's China visit</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>NEVER MISS A STORY:</span></strong></em><span> </span><em><span>Get your breaking news and exclusive stories first by following us across all platforms.</span></em></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><ul><li><em><strong><span>Download the 9NEWS App here via</span></strong></em><span> </span><a href="https://apps.apple.com/au/app/9news/id1010533727" target="_blank"><em><strong><span>Apple</span></strong></em></a><span> </span><em><strong><span>and</span></strong></em><span> </span><a href="https://play.google.com/store/apps/details?id=nineNewsAlerts.nine.com&amp;hl=en_AU&amp;pli=1" target="_blank"><em><strong><span>Google Play</span></strong></em></a></li><li><em><strong><span>Make 9News your preferred source on Google by</span></strong></em><span> </span><a href="https://9.nine.com.au/8x987w" target="_blank"><em><strong><span>ticking this box here</span></strong></em></a></li><li><em><strong><span>Sign up to</span></strong></em><span> </span><a href="https://login.nine.com.au/edm?client_id=nineatnine" target="_blank"><em><strong><span>our breaking newsletter here</span></strong></em></a></li></ul></div></div>