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Clifford Chance

Clifford Chance

Briefings

A common fund order, or is it?

28 October 2016

The Full Court of the Federal Court of Australia in Money Max Int Pty Limited (Trustee) v QBE Insurance Group Limited has proposed a "Common Fund" order in relation to the funding commission payable from recoveries by group members in a shareholder class action.  However, questions remain about whether the order is quite the win for litigation funders that it may initially appear to be.

 

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