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.
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.
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.