Complete litigation funding solutions
We firmly believe that if you have a commercial dispute or litigation matter, financial concerns shouldn't hamper your capacity to proceed. We can help you find financial backing for your case so that you can focus on dealing with the problem at hand, rather than how much it will cost you.
Our close relationships with domestic and international litigation funding companies, coupled with our extensive understanding of the modern litigation funding market, empower our team to develop personalised litigation funding solutions for you. We take care when precisely matching our clients' needs with suitable litigation funders from around the world.
Experience has taught us that there's no one-size-fits-all approach to litigation funding so we conduct a full and frank assessment of the merits of your claim before connecting you with suitable litigation funders. After we've found you the right funder, we work tirelessly to secure the best possible terms on your behalf.
If you'd like to learn more about litigation funding, we can talk you through the ins and outs of funded litigation and help you determine if it's for you.
Types of litigation funding
Third party litigation funding
Over many decades, we have built strong relationships with local and international litigation funding companies. We will prepare your claim to a point where it is suitable for assessment by a third party funder who we believe is the right fit for your case.
Depending on the size and nature of your claim, a third party funder may agree to meet some or all of your legal costs and disbursements in return for a percentage of any damages recovered. This percentage or 'commission' typically ranges between 25 per cent and 40 per cent of the total settlement proceeds. It is also influenced by the risks and time involved in running your case, and the type of funding required.
Litigation funders are often happy to provide an indemnity or organise insurance to cover the costs of adverse court orders in the event that the court proceeding is unsuccessful.
The commercial terms of litigation funding agreements vary so we look closely at funding commissions, legal costs and the amount that funded litigants will receive at the end of the day. We also explore the extent of adverse costs exposure and more on your behalf. We make it our mission to protect your interests and ensure you get the best terms possible.
No Win - No Fee* funding
We pioneered the concept of No Win - No Fee* in 1994, and since then, the term has become commonplace. It reflects our core belief that every Australian should have the right to top-notch legal representation, regardless of their financial circumstances.
When it comes to commercial litigation, a No Win - No Fee* arrangement means that if your claim is unsuccessful, you will not have to pay any legal fees. If, on the other hand, your claim is successful, you will be charged for legal services plus a 'success fee'. The success fee is calculated with reference to the overall professional costs incurred - never as a percentage of your settlement money. Your lawyer will take you through this arrangement in more detail during your initial appointment.
Your eligibility for a No Win - No Fee* arrangement will be assessed using three criteria:
- Your claim has legal merit
- You are fully informed of the likely costs to prepare and run your case
- You are fully informed of the risk of paying the other party’s costs if your claim is unsuccessful – a potential risk in any type of commercial litigation.
We are proud to be one of only a handful of firms that conducts Commercial Litigation cases on a No Win - No Fee* basis. Because we understand that cost is a core driver of decisions surrounding legal action, we also provide flexible funding solutions designed to contain any incidental costs including modified hourly rates, defined budgets and deferred fees. It's just one of the many ways in which we set out to prove that a lack of resources shouldn't mean a lack of legal representation.
Disbursements are the costs incurred by your lawyer from third parties to help prepare your case. They may include barrister's fees, expert reports and witness expenses. Some are routine costs and relatively small, but others can be a major cost in certain types of cases - for example, claims that require multiple expert reports to establish loss and damage.
While disbursements are usually recoverable in total or in part from the other party if your case is successful, they will form part of the legal costs payable by you if the case is unsuccessful or they are unable to be recovered in full from the other party. It's important to note that just because your lawyer is prepared to act on a No Win - No Fee* basis, external parties may not be.
Litigation funders are sometimes willing to provide a certain amount of funding for disbursements in exchange for a percentage of any damages recovered if your case is successful. The most common disbursements involved are barrister and expert fees. Our team can talk you through the rest and arrange for access to disbursement-only funding through a litigation funder if we feel it's appropriate for your circumstances.
Adverse costs insurance
Adverse costs insurance (also known as after-the-event insurance) is sometimes a way to limit the risks associated with commercial litigation. Having an adverse costs insurance policy means that if your case is unsuccessful and you're required to pay the other side’s costs, your insurer will cover these costs on your behalf.
Should your case be successful, under ordinary circumstances, the cost of the insurance will be deducted from the compensation paid. If your case is unsuccessful, normally no premium will be owed.
To apply for or access adverse costs insurance, you will need to have a detailed report about the merits of your case and your overall prospects of success. We can prepare this for you by reviewing your documents, speaking with witnesses, and producing a detailed budget, an applicable fee is usually payable.
In some instances, your best case scenario for litigation funding might be the most flexible one. We can help you blend together a combination of your own financial resources, litigation funding and adverse costs insurance to successfully fund your case.
The main advantage of opting for a blended arrangement is you retain full control over the allocated budget for the recovery of lost expenses and can choose the arrangement that best matches your appetite for risk.
Find out if you're eligible for litigation funding
When it comes to assessing your eligibility for litigation funding, much will depend upon our assessment of your case's merits and our internal appraisal of the funding options available.
Generally, third party organisations such as litigation funders and adverse costs insurers will look for strong prospects of success, an opponent’s ability to meet any judgment entered against it, and if the likely damages won are significant enough to justify the investment.
We can help you work out if you have what litigation funding companies and adverse costs insurers are looking for. We can also help you determine which litigation funding solution is right for you. Our extensive experience spans a broad range of commercial litigation and means we have the firsthand experience to confidently advise on your case and help you navigate avoidable expenses.
Get in touch today
We have an outstanding track record when it comes to innovation across all types of litigation.
If you have a question, want some more information or would simply like to speak to someone, make an enquiry and our Commercial Litigation team will be in touch with you as soon as possible.