What I'm trying to work out is who I can contact to get information. You say it's the bank and banking ombudsman, and refer to what your lawyer said, but then say it's out of your hands. If the banks have taken "it all", how much, what's their process for the claim. The wall and exclusion isn't helpful, therefore, there needs to be someone I can deal with (or have my lawyers deal with).
Again, in the absence of any better resolution, I can just throw this to a collection agency.
I'd contact both the Qld and the Federal Financial Services Ombudsman. They can at least investigate and confirm that the bank confiscated money from the account in question. It's also possible that any residual funds in the account were transferred to one of the "unclaimed monies" funds by the bank. This is what FPSs often do when an account is closed due to suspicious activity (places like PayPal and Technocash explicitly state in their ToS that they will do this). The Ombudsman would be able to tell you if this is the case and which fund to contact (there are several).
Who currently has control of the site? If you put me in touch with them, I can tell them how to get me the information I need to pay people back.
If it's Intersango/Bitcoin Consultancy then they need to make that public. Their deception regarding their stake in Bitcoinica has generated an enormous amount of ill-will and distrust. While references to other parties (including Andre and Chris) have been removed from the WBX webiste, references to Intersango and Bitcoin Consultancy remain. Right now, two businesses with which Bitcoin Consultancy and Intersango are associated have had their databases deleted recently and in both cases the presumed owners of those businesses no longer have operational control. In both cases, the transfer of control was not disclosed until after it occurred.
You might want to contact Andre's lawyers before making any refunds and get something in writing from them authorising you to do so and outlining the return process (ie, whether everyone owed money will get a percentage of their account balance paid out as BTC or whether people whose accounts show a BTC balance will be paid out in full and those who had dollar balances will be SOL).
...as i have been advised the current database has been erased this happened last week.
I suspect people would like more information about how this came about and who had control of the database when it happened.