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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.
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.
We’re proud to share that Lindsay Woods will be speaking at the ThoughtLeaders4 FIRE Summer School: The Ultimate Insider’s Guide, taking place between 17 and 19 September at Downing College, Cambridge.
A poll released in June 2025 conducted by Stack Data Strategy commissioned by ILFA, reveals there is overwhelming support for litigation funding from UK business leaders and consumers in the UK.
We’re thrilled to share that Jeremy Humm has been promoted to Investment Director at Balance Legal Capital LLP.
Balance and several of its team members have been recognised in the Chambers and Partners Litigation Support 2025 rankings, achieving top-tier rankings in both the UK and 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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