In Money Max Int Pty Ltd v QBE  FCAFC 148, Australia’s Full Federal Court permitted a “common fund”, which allows a litigation funder to collect a “reasonable funding commission” (the exact amount of which would determined at a later time) from all members of a particular class, including members who did not sign up to a funding agreement.
The Court also stated that no class member be worse off under the order than had the order not been made, and that all class members be given notice of the order and an opportunity to opt out. In its order, the Court sought greater access to justice. Although uncertainties remain, this decision will most likely make litigation funding more enticing for litigation funders in Australia.
View full post at Mondaq
Summarized by Francis Michigan.