"Super Appeals" say "yes" to common funds
This is just a quick post to say that the decisions in the cases that were the subject of an unprecedented concurrent sitting of the Court of Appeal of NSW and the Full Court of the Federal Court of Australia (aka the "Super Appeal") were both handed down this morning, and both found that common fund orders in class actions are constitutional and within power. Litigation funders and plaintiff lawyers around Australia can breathe a sigh of relief.
The judgments are here:
Brewster v BMW Australia Ltd  NSWCA 35
Westpac Banking Corporation v Lenthall  FCAFC 34
If I find the time I'll write some sort of case note in due course. In the meantime, happy reading.