Litigation Funding and Group Proceedings: Quiz answers

 

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1) d) Red light cameras. 

2) No. You need at least seven people to join in a class action.

3) Yes. In Australia, class members must only have ‘same, similar or related’ claims against the defendant in order to be part of the class – the claims don’t have to be identical.  

4) b) The class member appointed to represent all the class members in a class action. The representative plaintiff is generally appointed by the lawyers, who will consider a range of issues when appointing them. 

5) a) True. 65% of class actions are settled between the parties. Since 2000, settlement has by far been the most common form of resolution for class actions filed in Victoria. The settlement then needs to be approved by the court. 

6)  a) The representative plaintiff’s lawyers. After the amount to be awarded to the class members has been determined, the lawyers for the representative plaintiff (called ‘administrators’ in this context) are responsible to working out how much each class member receives (according to their claim) and when they receive this.  

7) e) None of the above. Currently, there is no mandatory regulatory regime for litigation funders in Australia.  

8) True. 

9) b) Regularly cited figures state that litigation funders in Australia usually receive between 20 and 40% of the amount awarded at settlement or judgment amount. 

10) False. Though you won’t have to pay for your lawyer, you could still have to pay for other fees involved with the legal process, such as court fees, barrister fees, witness fees and some of the legal costs of the other side.

 

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