- Australian decision on class actions and funding—(Money Max v QBE Insurance Group Limited)
- Original news
- What are the practical implications of this development?
- What are the key changes being proposed?
- Would the introduction of these proposals be a desirable development? What are the problems with the existing law that this measure is seeking to address? How successful will it be in doing so?
- Are there any possible drawbacks to the changes? Are the measures practical and capable of being effectively implemented and enforced?
- What impact could the changes have on practitioners? What should practitioners be mindful of when advising clients in this area? Any best practice tips?
- Will this have any impact on international clients litigating in Australia and if so what should they consider?
Dispute Resolution: Ruth Overington, Melbourne-based partner and class actions specialist at Herbert Smith Freehills, considers the implications of Money Max v QBE Insurance. The case saw the Full Federal Court of Australia make a landmark decision to allow ‘common funds’ in class actions ensuring that everyone who benefits in a class action will be required to contribute to the cost of running the action, rather than only those people signed up via a litigation funding agreement.
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