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Class Action Contingency Fees

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Jones Day

Financing of Australian Class Actions—Solicitors Common Fund Order Disallowed

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Australia's highest court has ruled on the question of whether lawyers in New South Wales ("NSW") can charge contingency fees in class action litigation in the Federal Court of Australia (otherwise known as a solicitors'...more

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

Bennett Jones LLP

Superior Court of Quebec Warns of the Risks of Making Settlement Approval Contingent on Approval of Class Counsel Fees

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In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more

Quinn Emanuel

Class Action Litigation Update – November 2021

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COVID-19 Class Action Fallout in Australia - The COVID-19 pandemic has caused a veritable outbreak of class action litigation across the globe, spawning lawsuits in areas as diverse as product liability, employment,...more

Jones Day

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

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The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Quinn Emanuel

Asia-Pacific Litigation Update – October 2021

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‘Shifting Sands’: Adopting Contingency Fees in Australian Class Actions - Introduction - Unlike the United States, Australia has historically prohibited (and for the most part, continues to prohibit) contingency fees...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

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

Bennett Jones LLP

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

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The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements. In Houle v St Jude Medical Inc, 2017 ONSC 5129 [Houle]...more

Bennett Jones LLP

Certification an Even Lower Bar Against Lawyers

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The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more

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