Funding, Fairness and Forum Choice: The High Court’s Warning in Bogan v Smedley
Bogan v Smedley confirms that a Victorian Group Costs Order is decisive when assessing whether a national class action should be transferred interstate. Without it, the class action would likely collapse. This article explains the ruling and how Clean Law’s cost-alignment safeguards prevent funding risks from undermining client rights.
When Five Class Actions Collide Before Anyone Chooses a Lawyer
When five shareholder class actions were launched against AMP after the Banking Royal Commission, the courts faced a new kind of competition — not between plaintiffs and defendants, but between law firms and litigation funders. In Wigmans v AMP Ltd (2021), the High Court rejected the idea that the “first to file” should automatically lead. The decision reshaped Australia’s approach to class action multiplicity and clarified that only Parliament — not courts — can decide who gets to run a case.