Since October 2017, Balance Legal Capital has been financing proceedings in the Supreme Court of Queensland by a group of sorghum growers in Queensland and New South Wales who purchased sorghum seed allegedly contaminated with “shattercane”. Shattercane is a noxious weed that can severely damage crop yields and take many years to be completely eradicated from soil.
The case is a landmark case in Queensland, being the first class action commenced under new rules for group actions introduced in the Supreme Court on 1 March 2017.
The case is currently being brought as an “open” class action, meaning that all sorghum growers in Queensland and New South Wales that purchased affected seed are included in the action and are entitled to compensation. As at mid-February 2018, over 50 growers had registered their interest in connection with the action. Sorghum growers that may be affected can register their interest here.
Balance Legal Capital is proud to be supporting this case which is an example of third party finance being used to obtain justice and compensation for individuals who may otherwise have lacked the resources and coordination to take on a large corporation. Under the funding arrangement, Balance assumes the entire financial risk of the proceedings in exchange for a return if the case results in a recovery for growers. This arrangement avoids the need for growers, many of whom are currently under financial strain, to contribute money to support the action and bear the risk of an order to pay the defendants’ costs if the action fails.
Douglas Campbell QC and Blair Hall are counsel for the plaintiffs in the action, instructed by Creevey Russell Lawyers.
The team at Balance Legal Capital has considerable experience in relation to class actions and funding issues that arise in these types of action. Let us know if we can help.
We are pleased to announce that Robert Rothkopf has been appointed as a Director of the International Legal Finance Association (ILFA).
ILFA plays a pivotal role in shaping the future of legal finance globally and promoting best practices across jurisdictions. Robert will bring Balance’s experience and voice to ILFA’s mission, ensuring that the benefits of litigation finance are properly understood.
This board role adds to Balance’s leading contribution and involvement with the ILFA in the UK with Oliver Hayes in London, and in Australia with Simon Burnett in Sydney.
Topics covered ASIC and the private credit markets including the recent collapse of First Guardian, Shield and Australian Fiduciaries; what to expect from changes to Australia’s climate disclosure regime; and a discussion unpacking the Australian class action market, including insights on how funders raise and deploy capital and emerging trends in class actions.
The session brought together leading voices in the industry Sarah Johnson from The D.E. Shaw Group, Robert Marven KC, Susan Dunn from Harbour, and Nicholas Marler from Litica, expertly moderated by Elena Rey from Brown Rudnick LLP.
Two wonderful celebrations of Balance’s 10-year anniversary, one in Sydney at the Museum of Contemporary Art and another in London at the Tate Modern.
As part of our 10-year anniversary celebrations, we were lucky enough to spend some time together in Bath.
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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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