Class Actions Australia

Omni Bridgeway encourages regulation of the dispute finance industry in Australia

In 2020 the Australian Government is conducting a Parliamentary Inquiry into the Class Actions regime and the role of dispute financiers in the Australian landscape. Omni Bridgeway welcomes the opportunity to make submissions to the Parliamentary Joint Committee which has been established to consider regulatory reform.  We support reform of the Australian class action regime and regulation of dispute financiers operating in this country.  Our position is outlined in our ASX Announcement of 14 May 2020.
Queensland flood victims expect to be compensated

Thousands of Queensland flood victims expected to be compensated after Omni Bridgeway-funded court action

May 22, 2020

Global disputes funder Omni Bridgeway Limited welcomed the Supreme Court of New South Wales judgment in November 2019 in the Brisbane floods class action. The court found that the claim for negligence, brought by the class representative, against each of the State of Queensland, Queensland Bulk Water Supply Authority trading as Seqwater and Sunwater Limited, was proven.

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Conditional settlement of PFAS contamination class actions

Conditional settlement of PFAS contamination class actions

May 22, 2020

Dispute finance plays a valuable role in the community providing access to justice for those without the means to pursue complex and costly disputes. Omni Bridgeway Limited provides non-recourse finance and strategic know-how to claimants and group members in class actions, that enables them to seek redress without risk in the event of an unsuccessful outcome.

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imf bentham welcomes high court ruling

IMF Bentham welcomes High Court ruling against common fund orders in funded class actions

December 05, 2019

The High Court of Australia has handed down its judgment(1) on common fund orders in the most significant ruling relating to litigation funding since the Fostif case(2). A majority of the High Court held that neither the Federal Court of Australia nor the Supreme Court of New South Wales have the power to make a ‘common fund order’ (CFO), at least not in the early stages of litigation.

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sirtex federal court approval

Federal Court approval of funding commission recognises risks faced by funders

August 29, 2019

Last week, Justice Beach in the Federal Court of Australia approved the settlement of the securities class action against Sirtex Medical Limited (Sirtex). The action, funded by IMF Bentham Limited, had settled during the trial, subject to the court’s approval.

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podcast shareholder class actions in australia

Shareholder class actions in Australia – key information for global institutional investors

June 21, 2019

IMF Bentham’s Matthew Kennedy and Noah Wortman discuss the rapidly evolving class action regime in Australia and how IMF Bentham’s global program assists institutional investors to recover value for shareholders.

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inquiry into litigation funding

IMF Bentham’s CEO Andrew Saker responds to ALRC reform recommendations

February 08, 2019

The Australian Law Reform Commission’s (ALRC’s) review of the class action regime and litigation funders in 2018 was timely. It was over 25 years since the class action regime was introduced into Australia and almost 20 years since third-party litigation funding became available.

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ABA & NSW Bar Assoc Conference

Implications of this week’s Full Federal Court ruling on competing class actions

November 23, 2018

The Full Court of the Federal Court of Australia confirmed this week that only one of three competing class actions against GetSwift Limited may proceed. This ruling is significant for the Australian class action landscape and is the first time the Full Court has ruled on competing class actions. The Full Court said that guidance was required on the factors to be considered and the options open to judges when dealing with competing ‘open’ class actions.

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IMF Bentham / UNSW Class Actions Conference 2018

IMF Bentham / UNSW Class Actions Conference 2018

October 31, 2018

Key issues in class action litigation were debated at an important conference presented under the auspices of the IMF Bentham Class Actions Research Initiative with UNSW Law. Watch the videos from the event.

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IMF Class Action Conference Keynote

IMF Class Action Conference Overview

June 28, 2017

Listing of all IMF Class Action Conference Videos

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Conference Keynote Address by The Hon Justice Lee

June 27, 2017

The Hon Justice Michael Lee (Federal Court of Australia) explores the issue of whether the courts have the power to adjust litigation funders’ contractual commission rates.

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CARI research “Settlement Distribution Schemes”

June 26, 2017

Cutting edge research on Settlement Distribution Schemes was presented by Associate Professor Michael Legg (UNSW Law) and Rebecca Gilsenan (Principal, Maurice Blackburn Lawyers), at the IMF Bentham Class Action Conference.

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Panel discussion “Achieving Finality to Class Action Litigation”

June 24, 2017

Class action experts came together to explore issues in finalising class actions. Panel experts included: Hon Justice Jack Forrest (Supreme Court of Victoria); Professor Simone Degeling (UNSW Law); Bill Petrovski (William Roberts Lawyers); Jason Betts (Herbert Smith Freehills); Brett Jordan (Senior Technical Claims Advisor, Major Loss Financial Lines Claims, AIG Australia Limited), and was moderated by Wayne Attrill (IMF Bentham).

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Class Actions

25 Years of Class Actions in Australia

March 28, 2017

IMF Bentham Senior Investment Manager, Wayne Attrill, discusses the development of class actions over the past 25 years, and whether we have reached another turning point in the courts’ acceptance of litigation funding of class actions.

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"Litigation Funding" in Legg (ed), Resolving Civil Disputes (LexisNexis Butterworths, 2016)

December 01, 2016

In 2006 the High Court of Australia, by a majority in the renowned Fostif decision, approved of a litigation funder agreeing by contract to meet the costs of a legal proceeding in return for a share of any sums recovered. This chapter examines the growth, developments and regulation of the litigation funding industry.

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Presentation "Advanced Issues in Class Actions" - The College of Law (2016) - by W Attrill

March 10, 2016

In the presentation to the College of Law, IMF Senior Investment Manager, Wayne Attrill, discusses some of the advanced issues in class actions including the role of a funder in facilitating class actions, "competing" class actions, common fund orders and the regulation and future of litigation funding in class actions.

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Funding Justice - The Role of Litigation Funders in Class Action Proceedings (2015) - by W Attrill

July 01, 2015

The importance of litigation funding to facilitate access to the civil justice system in Australia is now widely accepted. The article explains the funding process and the assistance that a funder can bring to funded proceedings, to the benefit of clients and lawyers alike.

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“The Regulation of Conflicts of Interest in Australian Litigation Funding” (2013) Journal of Civil Litigation and Practice - by W Attrill

December 02, 2013

In July 2013, Regulations were introduced to require funders to have "adequate practices" for managing any conflicts of interest that might arise in litigation they fund. The article gives an overview of the conflicts management regime, how it is managed and the impacts it will have for litigation funders.

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Presentation "Management of Conflicts of Interest in Australian Litigation Funding" (2013) to UNSW Class Actions: Securities and Investor cases

August 29, 2013

Regulations introduced in 2013 requires litigation funders to have adequate, documented practices for managing any conflict of interest that might arise in funded litigation. The presentation provides an overview of the conflicts management regime, how it is managed and the impacts it will have for litigation funders.

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Presentation "The role of Institutional Investors in Australian shareholder class actions" (2012) by W Attrill

October 26, 2012

The benefits to institutional investors and their clients of adopting a policy of active participation in relevant shareholder class actions.

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Presentation "Dispute Resolution in the next 40 years - Access to justice and continuing limitations on the use of Class Actions" UNSW Law Conference (2011)

November 01, 2011

The UNSW Law Conference presentation explores the issues around the conduct and resolution of Class Actions in Australia.

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