Key Points:
For those who are potentially exposed to GFC-related
litigation, now is the time to get litigation-ready. Decisions made
today will affect how their litigation plays out in six months'
time.
While many are taking a deep breath and relaxing that the worst
of the GFC is over, the fallout for many in the financial services
world is just beginning, which could result in a rise in
litigation.
Aggrieved investors or creditors will look for someone to blame,
and when a company collapses they start looking around for someone
with deep pockets - and liquidators and regulators won't be far
behind them.
Add to that the rise of litigation funders (assuming they can
overcome the recent Full Federal Court decision in the Brookfield
Multiplex case), increased regulator activity, and more retail
investors than ever before who can form part of the pool of
potential plaintiffs for the litigation funders, and you could have
an increase in litigation matters in this
