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.
IMF Bentham has financed many significant Australian representative proceedings and class actions, particularly those brought on behalf of aggrieved shareholders and investors.
IMF chooses its cases with care and in this paper for the UNSW Law Journal, the funding criteria for multi-party actions are examined and discussed, including IMF's assessment of liability risks, quantum risks and enforcement risks.