Michael Hodge KC (with G B Westgarth) appeared for the for the appellant in S143/2024 and the fourth respondent in S144/2024 and S146/2024, instructed by GRT Lawyers.
The central issue in this case was whether the Federal Court has power to order a ‘common fund order’ under ss 33V(2) or 33Z(1)(g) of the Federal Court of Australia Act 1976 (Cth), particularly where the litigation funder is a law practice.
The Court unanimously held that the Federal Court did have power to order common fund orders under the above provisions. However, neither provisions empowered the Federal Court to make such an order where a law practice is the litigation funder, as it contravenes s 183 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) and is therefore unjust. The appeal was allowed.
The judgment can be read by clicking here
