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ARTICLE · 27 MAY 2008

Competition For Class Action Control

Wotton & Kearney
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The litigation funding industry in Australia has experienced significant change and development in recent times as it attempts to define its role in the domestic legal market.

AustraliaAntitrust/Competition Law
Gareth Horne
Gareth Horne
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The litigation funding industry in Australia has experienced significant change and development in recent times as it attempts to define its role in the domestic legal market. In our publication of 4 September 2006 (Litigation Funding: In the Public Interest) we commented on the High Court of Australia's ruling in Campbells Cash & Carry Pty Limited v Fostif Pty Limited [2006] HCA 41 (Fostif) which provided significant momentum for development and regulation of the litigation funding industry. In our subsequent publication of 25 July 2007 (Litigation Funding: Redefining the Boundaries) we reported on the interlocutory judgment in P Dawson Nominees Pty Ltd v Multiplex Limited [2007] FCA 1061 (Dawson v Multiplex) in which the Federal Court of Australia identified economic benefits in restricting class membership of class actions to exclude "free-riders" ie. "persons who make no direct or indirect

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