• Daniel Meyerowitz-Katz

"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 [2019] NSWCA 35

Westpac Banking Corporation v Lenthall [2019] FCAFC 34

If I find the time I'll write some sort of case note in due course. In the meantime, happy reading.


20 views0 comments

Recent Posts

See All

Drafting pro tip: "me" is a word in the English language

Here's something that makes me angry: when I read a sentence like, "The next day John sent an email to myself and Amy saying blah." A word that exists in the English language is the pronoun "me". It i