Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says

Class Actions 2020-10-30 11:06 pm By Christine Caulfield | Melbourne

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.