Following a 2019 High Court decision invalidating a particular statutory basis used by courts to make common fund orders, there has been significant uncertainty in relation to litigation funding in class actions.
Despite a number of recent decisions of the Federal Court on this point, it is presently unclear how a court is likely to treat the commission sought by a litigation funder in any given class action. In addition, recent State and Commonwealth legislative changes have contributed to the dynamic environment.
A briefing paper setting out our observations and insights is now available.
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