The following article was contributed by Valerie Blacker, a commercial litigator focusing on funded litigation, and John Speer, a lawyer in the Dispute Resolution and Litigation Team at Piper Alderman. While large class actions receive the lion’s share of media attention, litigation financiers also regularly fund litigation involving a single plaintiff. Given that solicitors are required to maintain professional indemnity insurance, they can be, in instances of negligence, an attractive prospect for financiers: they are well-resourced and have the capacity to satisfy any judgment awarded against them. The Brisbane Litigation team at Piper Alderman have brought successful professional negligence claims against our clients’ former solicitors involving both funded and unfunded arrangements.[1] This article discusses a common defense raised in these types of proceedings – the advocates’ immunity. The immunity in brief In Australia, the advocacy function is immune from a negligence claim.  The immunity applies to a lawyer’s work in the court room. The immunity is rooted in the public policy principle that there should be finality in litigation. It prevents unsuccessful parties from seeking to re-litigate disputes by way of a collateral attack on their lawyers’ performance in court. A barrister mainly appears in court, and a solicitor mainly performs legal work outside of court.[2] But why does it matter? If a lawyer has been negligent, shouldn’t the client be able to seek relief? Apparently not – in some jurisdictions. Despite having been abolished in the United Kingdom and even in New Zealand, advocates’ immunity remains firmly in place in Australia. Indeed, there were at least eighteen court actions in 2022 that have made reference to the immunity as a defense. Avenues for redress The immunity is often called upon by solicitors performing ‘out-of-court’ work, but which (so the argument goes) is so ‘intimately connected to the conduct of the case in court’. In two recent examples, the immunity applied to shield a solicitor for failing to present evidence that should have been presented (Golden v Koffel [2022] NSWCA 8), and was extended to protect a solicitor who had given faulty advice (Jimenez v Watson [2021] NSWCA 55). If a solicitor’s negligent work was actually done in court in the course of a hearing or was done out of court but which led to a decision affecting the conduct of the case in court, the alternative options for an aggrieved client are frankly inadequate. For example, (1) an unsuccessful party may apply for an order that his or her solicitor be made personally liable for the successful party’s costs in the litigation; (2) an aggrieved client can challenge a solicitor’s bills through an application to the court for a costs assessment; and (3) disciplinary action can be taken which can result in a fine, a reprimand or in a solicitor being disqualified from practice. At best these alternative options may reduce a client’s costs but none of them will truly compensate a client for the wrongs caused by a lousy solicitor. Narrowing the scope of the immunity In a more positive move, the Courts have now made it clear that the immunity does not extend to a solicitor’s work in bringing about a settlement agreement (as an agreement between parties to settle is not an exercise of judicial power).[3] It is also now possible to be compensated for the expense of engaging new lawyers.[4] NT Pubco Pty Ltd v Strazdins is also notable. The Court there held that a failure to advise clients to seek independent legal advice was held to be likely outside the immunity.[5] The relevant wrong in that case concerned a failure by solicitors to relay to their client comments made by the court at several interlocutory hearings that the client should have been pursuing a particular kind of relief in its litigation. That would be akin to failing to commence proceedings in time. That too should fall outside of the immunity as the aggrieved client’s cause of action was complete and whole before the proceedings were started and the negligent conduct was completely separate from the litigation. The primary justification for retaining the advocates’ immunity is to ensure the finality of judicial determinations. However, if a client brings a negligence suit against a former solicitor is that not also a separate proceeding that deals with a different issue? As Kirby J warned, upholding the immunity not only reduces equality before the courts, but is capable of breeding contempt for the law. His Honour questioned ‘why an anomalous immunity is not only preserved in Australia but now actually enlarged by a binding legal rule that will include out-of-court advice and extend to protect solicitors as well as barristers’.[6] In these circumstances, can the reasons traditionally given for the immunity still persuade, particularly when the rest of common law world has abolished it? At the risk of offending the doctrine and re-litigating this issue, perhaps we should continue the debate. About the Authors: Valerie Blacker is a commercial litigator focusing on funded litigation. Valerie has been with Piper Alderman for over 12 years. With a background in class actions, Valerie also prosecutes funded commercial litigation claims. John Speer is a lawyer in the Dispute Resolution and Litigation Team located in Brisbane, Prior to joining Piper Alderman John was an associate to the Honourable Justice B J Collier in the Federal Court of Australia, as well as to Deputy President B J McCabe in the Administrative Appeals Tribunal. John has also worked as a ministerial adviser and chief of staff in the Parliament of Australia.   For queries or comments in relation to this article please contact John Speer | T: +61 7 3220 7765 | E:  jspeer@piperalderman.com.au [1] These matters resulted in a confidential settlement. [2] New South Wales and Queensland have a ‘split’ profession, meaning that the roles of barrister and solicitor are separated. [3] Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1,  [5], [38], [39], [45], [46], [53]. [4] Legal Services Commissioner v Rowell [2013] QCAT OCR207-12. [5] [2014] NTSC 8 at [134] and [137]. [6] D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1, 109 [346].

For many years, Airbus allegedly facilitated large-scale bribery and corruption in its aviation business. Airbus did not adequately inform the investing public about its wrongful conduct. Investigations by various authorities subsequently resulted in Airbus having to pay a fine of approximately € 3.6 billion (US$ 4 billion). When this information became publicly known, the price of Airbus shares fell sharply, causing huge loss to investors. They are entitled to be compensated by Airbus. The class action is open to all institutional investors and retail investors in Airbus who purchased and held its ordinary shares through the Paris, Frankfurt or Spanish stock exchanges during the period 1 January 2008 to 31 July 2020. No cure, no pay: Investors who have suffered loss can join the class action by registering with Airbus Investors Recovery Stichting (AIRS) at no upfront cost. AIRS is represented by leading law firm Scott+Scott, and has obtained funding from Woodsford, a specialist in environmental, social and corporate governance related engagement and a leading litigation funder. For more information visit www.airbusinvestorsrecoverystichting.com/register

Hedonova is a hedge fund that was established in 2020, and it specializes in alternative investments. The company has offices located in various parts of the world, making it accessible to investors from different regions. Alternative investments are unique investment opportunities that do not conform to the standard categories of investments such as stocks and bonds. Hedonova's portfolio of alternative investments encompasses a diverse range of assets, including startups, real estate, fine art, wine, and cryptocurrencies. The fund structure of Hedonova is based on a single fund structure that provides an excellent investment option for shareholders who wish to invest without the burden of managing the day-to-day distribution of their investments. This structure provides an added advantage to investors who have limited knowledge or experience in managing investments. Hedonova's focus on alternative investments means that its portfolio diversifies risk, offering investors an excellent hedge against the volatility of conventional investment categories. The unique combination of alternative investment and the single fund structure makes Hedonova an attractive investment option for savvy investors looking for high-yield, low-risk investments. Website: https://www.hedonova.io/ Founded: 2019 Headquarters: Los Angeles, CA USA About Hedonova At Hedonova, our mission is to provide high-yield, low-risk investment opportunities to investors who are looking to diversify their portfolios beyond traditional investment categories. We specialize in alternative investments, which are unique and offer an excellent hedge against the volatility of conventional investment categories. We believe that by offering a diverse range of alternative investments, we can create a portfolio that will protect investors from market fluctuations and generate consistent returns over the long term. Our single fund structure is designed to make investing in alternative assets accessible and hassle-free for all types of investors. We are committed to building long-lasting relationships with our investors based on trust, transparency, and open communication. We believe that by fostering a strong partnership with our clients, we can better understand their unique needs and investment goals, and provide tailored investment solutions that meet their expectations. Our team of seasoned professionals has extensive experience in alternative investments and a deep understanding of market dynamics. We are dedicated to utilizing our expertise to identify and pursue investment opportunities that deliver optimal returns while minimizing risk. Our ultimate goal at Hedonova is to generate consistent and sustainable returns for our investors over the long term. We believe that by combining our expertise, ethical values, and active portfolio management, we can provide our clients with a superior investment experience that empowers them to achieve their financial goals. Points of Differentiation: Alternative Investment Expertise: Hedonova specializes in alternative investments, which are unique investment opportunities that offer high returns and diversify risk. Our portfolio includes a range of assets, such as startups, real estate, fine art, wine, and cryptocurrencies, to provide our investors with a diverse range of investment opportunities. Global Accessibility: Hedonova has offices located in various parts of the world, making it accessible to investors from different regions. We believe that by having a global presence, we can offer unique investment opportunities that are not available in local markets. Single Fund Structure: Our single fund structure provides an excellent investment option for shareholders who wish to invest without the burden of managing the day-to-day distribution of their investments. This structure provides an added advantage to investors who have limited knowledge or experience in managing investments. High-Yield, Low-Risk Investments: At Hedonova, we are committed to providing our investors with high-yield, low-risk investment opportunities. Our focus on alternative investments means that our portfolio diversifies risk, offering investors an excellent hedge against the volatility of conventional investment categories. Active Portfolio Management: Hedonova's experienced investment team actively manages our portfolio of alternative investments, staying up to date with market trends and seeking out new opportunities to optimize returns for our investors. This approach ensures that our portfolio is well-positioned to adapt to changing market conditions. Ethical Investing: At Hedonova, we believe in investing ethically and sustainably. We carefully evaluate each investment opportunity to ensure that it aligns with our values and standards. By investing in socially responsible assets, we aim to generate returns that not only benefit our investors but also contribute to the betterment of society and the environment.  Key Stakeholders  Suman Bannerjee Chief Investment Officer  Suman Bannerjee is a highly accomplished Chief Investment Officer (CIO) with over 20 years of experience in the financial industry. He currently serves as the CIO at Hedonova, a global alternative investment management firm, where he is responsible for managing the firm's investment strategies and ensuring the performance of its portfolios. Before joining Hedonova, Suman held senior roles at several leading financial institutions, including Millennium and Société Générale Equipment Finance (SGEF). At Millennium, he served as the Global Portfolio Manager. In this role, he was responsible for designing and implementing investment strategies, managing the firm's risk exposures, and generating returns for investors. At SGEF, he was the Vice President of Equipment Finance and Supply Chain Finance, where he oversaw the origination, underwriting, and management of equipment and supply chain finance transactions, and was responsible for ensuring the profitability and growth of the business. Suman earned his Bachelor's degree in Philosophy from the University of Cambridge, where he was a recipient of the prestigious Gates Cambridge Scholarship. He is also a Chartered Alternative Investment Analyst (CAIA) charter holder and a member of the CAIA Association, which is the leading professional association for alternative investment professionals. Throughout his career, Suman has demonstrated deep expertise in investments, risk management, and portfolio management. He is highly regarded for his analytical skills, strategic thinking, and ability to identify and execute profitable investment opportunities. He has a track record of generating significant returns and has a reputation for being a trusted advisor to his clients. Jurisdictions and Sectors Served At Hedonova, we pride ourselves on being a truly global organization with a presence in some of the world's most prominent financial centers. We have strategically chosen our office locations in Los Angeles, Delaware, Tallinn, and Paris to ensure that we can offer our investors unique investment opportunities that are not available in local markets. Our team members are spread across every continent, and we believe that diversity is our strength. They come from various backgrounds and bring different perspectives, experiences, and expertise to the table. We believe that this diversity enables us to evaluate investment opportunities from multiple angles and make informed decisions that are in the best interest of our clients. At Hedonova, we are open to everyone. We believe that everyone should have access to alternative investment opportunities, regardless of their location, background, or level of investment expertise. Our mission is to make investing in alternative assets accessible, hassle-free, and rewarding for all types of investors. Whether you are a seasoned investor or just starting, we are here to help you achieve your investment goals. We are committed to fostering a culture of inclusivity, respect, and open communication. We believe that by listening to our client's feedback, we can continuously improve our services and better serve their unique needs. We are dedicated to building strong, long-lasting relationships with our clients based on trust, transparency, and mutual respect. Key Metrics Our investment strategy has generated a return of 32% in 2022, which significantly outperformed the market average for conventional investment categories such as stocks and bonds. This metric reflects our ability to identify and invest in alternative assets that deliver high returns while minimizing risk. We believe that this level of performance is a testament to our active portfolio management, ethical investing principles, and commitment to delivering exceptional value to our clients. Quotes from Key Stakeholders “If you want to be wealthy, spend your time earning, learning, or relaxing. Outsource or ignore everything else.” “Investing because you are scared to miss out on gains will leave you with larger losses.” “Wealth is created by leverage. Leverage has different forms. Labor leverage is when you use someone else's time, capital leverage is when you use someone else's money. In the last two decades, code was leverage used to automate service delivery to billions. Now there's another form of leverage - audience. “Code, content, and capital is the new land, labor, and capital.” “The best way to think about asset allocation between stocks and alternatives is timing. It's best to invest in stocks when markets are at historical lows, and it's best to invest in alternatives when inflation is high. “

AIR Asset Management ("AIRAM"), a Chicago-based hedge fund management firm focused on investing in life settlements, annuities, and private credit, today announced its strategic partnership with Kerberos Capital Management ("Kerberos"), a leading private credit asset management firm that specializes in direct lending to law firms. The partnership enables AIRAM to enhance and further diversify its multi-strategy investment product through adding a legal finance asset allocation focused on law firm lending.  "We are excited to partner with Kerberos to offer investors this highly complementary allocation, which aligns with AIRAM's mission to deliver attractive risk-adjusted returns through resilient, non-correlated investment products," said Stephen Luongo, Chief Investment Officer of AIR Asset Management. "The loans Kerberos underwrites to law firms provide AIRAM an attractive value proposition, including reliable interest income that not only contributes to overall returns, but also supports liquidity and risk management. We look forward to leveraging Kerberos' track record, leadership, and deep expertise in law firm lending to expand our private credit mandate." The Kerberos investment team is led by Joe Siprut, who was a nationally recognized attorney prior to founding Kerberos. Kerberos boasts an extensive roster of relationships in the plaintiff's bar and law firm lending space, making it one of the few litigation funders with underwriters that have significant experience from their former capacities as trial lawyers and senior litigators. Its strategy focuses on originating and underwriting loans to law firms that generate success-fee-based revenue by litigating mass tort, class action, and personal injury claims. "I have long admired what AIR Asset Management's CEO Rich Beletuz and his team have built, and we are thrilled to be supporting their expansion into legal finance," said Joe Siprut, Founder, Chief Executive Officer, and Chief Investment Officer of Kerberos. "A clear benefit of our strategy is our uniquely diversified approach, which allows for cross-collateralization, low default rates, and a steady return profile, from which AIRAM's impressive suite of non-correlated offerings is well positioned to benefit. I'm excited to work with AIRAM's talented team of investment professionals as we execute on our shared goal to deliver for our respective investors."*   About AIR Asset Management AIRAM is a rapidly growing SEC-registered hedge fund management firm with $600M in AUM in life settlements, annuities, and private credit investments. The firm has specialized in longevity-linked investing since 2014 and has offered qualified investors the opportunity to access attractive risk-adjusted returns that are largely uncorrelated to traditional asset classes. AIRAM's experienced team of professionals from diverse backgrounds serves an investor base of institutional, registered investment advisers (RIAs), single and multi-family offices, and high net worth investors. About Kerberos Capital Management Kerberos Capital Management is a boutique alternative asset manager that seeks to provide our clients excess return at every point along the risk-reward spectrum with an emphasis on yield, opportunistic, and hybrid strategies. Kerberos' flagship strategy is providing innovative capital solutions to law firms. The depth of our private credit and direct lending platform has enabled us to generate differentiated absolute and risk-adjusted returns in litigation finance markets, regardless of the business cycle or economic environment.