The class members in the Gladstone Fisheries class action and their funder LCM Operations have successfully upheld in the Court of Appeal a declaration confirming the enforceability of the funding agreements in the case. This is an important decision, which validates the third party funding of class actions and puts to bed any residual arguments regarding the continuing effect of the medieval torts of maintenance and champerty on class action funding arrangements, says Susanna Taylor, LCM’s head of investment, APAC.
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Funder of live export class action doesn’t need AFSL to sign up new group members
The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.