Side agreements between litigation funders and lead applicants that are not disclosed to class members will be deprecated by the Court, and solicitors acting for the class have an obligation to ensure disclosure. Disputes between lead applicants and funders arising from funding agreements and related side agreements may be determined by the Court as part of the settlement approval proceeding where they affect the amount available for distribution to class members. A lead applicant's claim for equitable set-off of its obligation to remit GST refunds against claimed costs under a variation letter may be refused where the entitlement is contingent on further acts of performance, the claims are insufficiently connected, and allowing the set-off would delay distribution to class members.
The full text is available to signed-in members, including the 90 later cases that cite this judgment.
3 of the 90 citing cases carry a classified treatment. How each court treated it is available to signed-in members.