Dark clouds loom over common fund orders

A shadow has been cast over the seemingly well-accepted ability of courts to make common fund orders in third-party funded representative proceedings. The New South Wales Court of Appeal is to determine whether the Supreme Court has the power to make such orders. This determination coincides with a challenge by Westpac in its application for leave to appeal Justice Lee’s decision in Lenthall v Westpac Life Insurance Services Limited [2018] FCA 1422.

Partner, Anne Freeman, Special Counsel, Susanna Khouri and Law Clerk, Amir Chowdhury provide an update.

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