Litigation funding agreements entitling funders to a percentage of damages are damages-based agreements under CLSA 1990 and unenforceable if non-compliant with DBA Regulations.
procedure
High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.
Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.
High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.
Get a detailed analysis of R (on the application of Paccar Inc) v Competition Appeal Tribunal and how it applies to your situation.
Explain R (on the application of Pacca...