25-6-21 / Michael May — Class Actions
The defendant sought special leave to appeal to the High Court of Australia from a decision of the Queensland Court of Appeal to argue that a typical class action funding agreement was unenforceable for public policy reasons because it gave the funder an impermissible degree of control over the action…
19-3-21 / Damian Clothier KC, Michael May — Class Actions
This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be…
12-2-21 / Damian Clothier KC, Michael May — Class Actions
The plaintiffs in a class action applied to modify the rule which abrogates privilege in respect of expert reports, so that a group-wide loss report obtained for the purposes of mediation would maintain its without prejudice privilege. The court concluded that to dispense with the requirement for mediation reports to…
13-11-20 / Michael May — Class Actions
This case confirms that litigation funding agreements in the context of class actions – which give funders a right to be paid an amount equal to a portion of any recovery by the plaintiffs – are not unenforceable by reason of public policy. In dismissing an appeal from a decision…
25-6-20 / Damian Clothier KC, Michael May — Class Actions
This was an interlocutory dispute about disclosure and about the form and quantum of security for costs to be provided in a class action (including whether security by way of a guarantee from a third party after-the-event insurer remained adequate security despite financial uncertainty arising from the Covid-19 crisis). Damian…
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