Funding option for class action

DeLancey Legal’s Leonie Bailey says Hedland residents considering a class action could seek litigation funding.

A class action was discussed at a public meeting this month after the release of a Health Department dust risk assessment.

Ms Bailey said she had been approached by several residents interested in taking action and funding could be approved if it was seen to have merit.

“The litigation funding company provides the litigation funds and meets all of the costs of litigation funded by it,” she said.

“These costs include solicitors’ fees, barristers’ fees, charges of independent experts and court fees.

“They also provide a secured indemnity to the plaintiffs it funds to cover them against any costs orders that might be made against them in favour of the defendant in the event that their litigation is unsuccessful.”

In exchange for this funding and indemnity, Ms Bailey said the funder receives a percentage of any amount that is recovered from the litigation, plus repayment of all costs paid by it.

She added the effect of litigation funding was that the company providing the funds assumes all of the financial risk.

“The company recovers nothing, including the costs it has incurred, if there is no recovery from the litigation that it has funded,” she said.

“The company is not entitled to have recourse to any other assets of the parties it funds.”

Anyone seeking more information can email info@delanceylegal.com.au.