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.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2020