practice areas

Commercial Litigation

Commercial Litigation

  • IMF Bentham funds single party and multi-party claims. Historically, our clients receive the majority of recoveries. To help ensure this happens, we have set the following thresholds on minimum claim size:

    1. single party – greater than AUD 5M; or
    2. multi-party – greater than AUD 20M,

    but we will consider claims of lower value.
  • We fund all legal costs associated with pursuing the claim.
  • All related disbursements are funded, including counsel’s advice and expert reports.
  • As part of our funding arrangements, IMF Bentham covers adverse costs and security for costs orders.
  • We fund costs associated with assessing the commercial viability and merits of a claim, including lawyers’ fees, counsel’s advice and expert reports. This is useful when:

    1. The client’s lawyer recognises the foundational merits of a claim, but needs to complete further due diligence to ensure that pursuing the claim is in the best interests of the client.
    2. The client can’t afford to pay for the due diligence.
  • We also fund proceedings at the appeal stage. This is useful because clients can run out of money, their cash may need to be allocated elsewhere, or they may lose the appetite for carrying the contingent liability of litigation.
  • If the claim is resolved for an amount of money, IMF Bentham is entitled to receive from that sum reimbursement for project costs (costs paid by IMF Bentham during the course of the matter, including legal costs and disbursements) and the agreed success fee.

Click Here to Download the IMF Commercial Litigation Funding Brochure​​

Individual Client Funding

  • Client eligibility is assessed on the merits of the claim.
  • Bentham only receives a return if the claim is resolved.
  • The maximum amount depends on a variety of factors, including claim size and the complexity and duration of the case.