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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.
Rob joined the panel discussing “What Don’t You Have in Your Portfolio That You Should?” at the Money Maze Allocator Summit 2026.
Robert Rothkopf spent some time at the Peter Jones Foundation's National Entrepreneur of the Year workshop, helping finalists prepare their final pitches.
Lindsay joined a fantastic panel at the UKELA - UK Environmental Law Association Conference 2026 in June. The panel explored the rise of group litigation as a mechanism for seeking remedies for environmental harm in the UK and internationally.
We’re delighted to once again see Balance and members of our team recognised in Chambers and Partners Litigation Support 2026, with top-tier rankings in both the UK and Australia.
Balance Legal Capital is delighted to support the Commercial Litigators’ Forum (CLF) once again as a Gold Sponsor.
CLF brings together leading litigators to share insights, foster collaboration, and champion access to justice. Through our support of the CLF, we are proud to support the important work of the National Pro Bono Centre and the wider pro bono community.
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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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