https://www.googletagmanager.com/gtag/js?id=G-0XR6Y9027Qscript>

Australian class action funding uncertainty

23 October 2009

Sarah Wilson

EU regulation

In Australia, litigation funding arrangements have not previously been considered to be managed investment schemes - however class action funders are now being forced to review procedures. According to Allens Arthur Robinson, the 2-1 majority decision by Australia's Federal Court in Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd, which was handed down this week:

  • may result in litigation funders being forced to register class actions with the Australian Securities or Investments Commission (ASIC), or obtain appropriate exemptions, in order to comply with the Corporations Act 2001 managed investment scheme provisions; and
  • highlights the need for regulation, including prudential regulation, of third-party litigation funders and, more generally, litigation funding arrangements.

This decision may be appealed to the High Court and Maurice Blackburn is als reportedly exploring ways to amend the way the case is funded.

The appeal by Brookfield Multiplex Limited relates to a class action suit by shareholders seeking to recover damages over alleged failures of disclosure by Multiplex between 2004 and 2005 in relation to its Wembley Stadium project. Maurice Blackburn is running the class action on behalf of the plaintiffs, which is being funded by International Litigation Funding Partners Pte Ltd.

Further Reading

Allens Arthur Robinson: Briefing

Business Day: Funding for class actions in turmoil after court ruling

Latest News

SHareholder meeting

ISSB sets direction for TNFD-aligned reporting

SHareholder meeting

2026 UK Proxy Season: targeted shareholder dissent yields boardroom fallouts

SHareholder meeting

Minerva Proxy Update

SHareholder meeting

SEC plans to dismantle shareholder governance infrastructure

SHareholder meeting

SFDR reset progresses, but credibility gaps remain

SHareholder meeting

China’s 80% ESG rule forces a reset for public funds

Featured Briefings

Minerva Briefing

UK Proxy Season Review 2026

Minerva Briefing

Australia Proxy Season Review 2025

Minerva Briefing

2026 Proxy Season Preview

Related Stories

Twitter Trial: Court Ruling Raises the Governance Bar on Executive Communications

March 25, 2026
Read More

Accounting Evolution: Fewer Lawsuits but Larger and Slower

March 19, 2026
Read More

Remuneration Retraction: ANZ Bonuses Pulled Amid Misconduct Scandal

November 11, 2025

Jack Grogan-Fenn

Read More

What’s Up Down Under: Australia Peak AGM Season Snapshot

October 29, 2025

Jack Grogan-Fenn

Read More

Corporate Governance Changes: ASX Approves Overhaul of Principles Process

October 24, 2025

Jack Grogan-Fenn

Read More

Australian Agendas: Shareholders Gear Up for Peak AGM Season Showdowns

October 7, 2025

Jack Grogan-Fenn

Read More