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Australia Litigation Funding Class Action

Herbert Smith Freehills Kramer

Clouds Over Blue Sky: High Court Limits Solicitors’ CFOs

On 6 August 2025 the High Court of Australia (High Court) unanimously held that at the time of settlement or judgment in a class action, the Federal Court of Australia (Federal Court) does not have the power to grant a...more

Jones Day

Australian Class Actions Update: Class Actions to Remain a Material Risk

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Recent legislative and regulatory developments, including the Federal Government's draft regulations to deregulate litigation funding in class actions and the Civil Procedure (Representative Proceedings) Bill 2021, which...more

Jones Day

Regulation of Class Actions in Australia Revisited … Again

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More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

Jones Day

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

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There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

Jones Day

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

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The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

Jones Day

2018–2019 Australian Class Actions Review

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This is Jones Day's fifth review of Australian class actions developments. The White Paper reviews the class actions that were commenced and settled in 2018–2019. The White Paper also examines the types of novel claims that...more

Jones Day

Australian Law Reform Commission Releases Class Action and Litigation Funding Report

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Courts Empowered, More Action Needed on Shareholder Claims and Contingency Fee for Class Action Lawyers to Increase Class Action Activity - The Australian Law Reform Commission Class Action and Litigation Funding Report...more

Jones Day

Australian Federal Court Adopts Novel Approach in Dealing with Competing Class Actions

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The Situation: Competing class actions, particularly in relation to shareholder claims, have increased in Australia and imposed unnecessary costs on respondents. In Perera v GetSwift Limited [2018] FCA 732, Lee J of the...more

Jones Day

Class Actions in Australia—2017 Year in Review

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Twenty-five years after the introduction of Australia’s federal class action regime, class action law remains a significant element of the country’s litigation landscape. Enhancements to Australia’s class action jurisprudence...more

Jones Day

Australian Court Refuses to Stay Overlapping Class Actions

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The Background: The defendant was faced with two "open" class actions (i.e. including all putative group members) in relation to the same allegations. The Issue: The defendant sought a court order permanently staying...more

Mintz - Securities Litigation Viewpoints

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

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