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The High Court unanimously found that the class action waiver clause in the US passengers’ terms and conditions was unfair and therefore void, and agreed with the Primary Judge, Justice Stewart, that the exclusive jurisdiction clause (in favour of the US courts) in those terms and conditions should not be enforced.
The result means that overseas passengers can participate in the class action, which was successful at initial trial in October this year. More broadly, this is an important judgment for Australian consumer law and group actions giving clarity on the enforceability of class action waiver clauses in Australia. A summary of the High Court’s judgment can be found here.
Topics covered ASIC and the private credit markets including the recent collapse of First Guardian, Shield and Australian Fiduciaries; what to expect from changes to Australia’s climate disclosure regime; and a discussion unpacking the Australian class action market, including insights on how funders raise and deploy capital and emerging trends in class actions.
The session brought together leading voices in the industry Sarah Johnson from The D.E. Shaw Group, Robert Marven KC, Susan Dunn from Harbour, and Nicholas Marler from Litica, expertly moderated by Elena Rey from Brown Rudnick LLP.
Two wonderful celebrations of Balance’s 10-year anniversary, one in Sydney at the Museum of Contemporary Art and another in London at the Tate Modern.
As part of our 10-year anniversary celebrations, we were lucky enough to spend some time together in Bath.
A landmark YouGov survey commissioned by the Association of Litigation Funders of Australia (AALF) has revealed overwhelming public support for class actions as a vital tool for justice and corporate accountability in Australia.
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Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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