Australian courts have had to adapt to the changes brought about by the increased use of litigation funding. The practice is a net gain for the community and clients who gain access to justice they could not otherwise afford. Still, some say that the availability of funding has sparked an untenable number of lawsuits—class actions in particular.
MONDAQ details that a High Court ruling has confirmed how competing collective actions should be handled. While this is an important confirmation, it doesn't differ markedly from the current paradigm. When there are competing class actions, courts can analyze the facts of each case to determine which should progress. Other cases would then be stayed or consolidated as appropriate.
This clarification comes after five class actions from shareholders were filed within five weeks of each other in the AMP claim. In that instance, three actions against the same defendant were stayed and two consolidated. Each case had a different legal team and its own litigation funding in place.
While there isn’t one uniform approach that will work for all competing class action situations, there is a standard approach to address that eventuality:
While legal professionals may disagree on the particulars of the High Court’s decision, adding clarity and some measure of predictability to the process is a good thing.
Will this ruling lead to express statutory power for courts to rule on which and how many collective actions should move forward? Only time will tell.
LCM CEO Patrick Moloney details that LCM has made strong progress in the first half of its fiscal year. Quality applications are up, and demand for legal finance is increasing as predicted. Most of the direct investment portfolio is balance sheet funded, and portfolio investments are reaching maturity. While timing remains somewhat unpredictable, that should smooth out as portfolio investments increase over time.
LCM, via Polaris, details strong increases over the period. By the numbers:
LCM has made excellent progress in building portfolio finance agreements with a dozen resolutions in Aviation and Construction Corporate Portfolios—both of which are performing according to expectations. Partnership with DLA Piper is poised to expand reach into newer and less saturated global markets.
Chief executives remain confident of LCM’s ability to rise to the increased demand driven by the continued presence of COVID. It’s expected that financial unrest will continue until COVID is controlled around the globe. Even after a return to normalcy, the rise in insolvencies is expected to persist through the next year and beyond.