The class action is being run on a no win – no fee basis. This means that group members will not have to pay any fees unless the case is won. If you are part of the action, you cannot be ordered to pay the other side’s costs if the action is unsuccessful.
All costs and risk will be fully underwritten by IMF Bentham. There are no out of pocket costs or risks to you.
If the action is successful, the costs of the proceedings, which will include expert evidence fees, legal costs and interest, will be shared across the class.
If the case is won, IMF Bentham will be paid from the net settlement or judgment proceeds (that is after payment of costs). IMF Bentham will receive up to 30 per cent of the net settlement or judgment proceeds.
The details of the costs and funding arrangements are set out in full in our Retainer and in IMF Bentham's litigation funding agreement which group members have received and had the opportunity to consider before joining the class action.
About IMF Bentham
IMF Bentham is the largest and most successful litigation funder in Australia, having collected over $1.2 billion for clients. It is the first litigation funder to be listed on the Australian Securities Exchange (ASX) and has successfully sued the Commonwealth and the States in previous class actions. Together IMF Bentham and Maurice Blackburn have been involved in the largest class action settlements in Australia.