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The High Court unanimously found that the class action waiver clause in the US passengers’ terms and conditions was unfair and therefore void, and agreed with the Primary Judge, Justice Stewart, that the exclusive jurisdiction clause (in favour of the US courts) in those terms and conditions should not be enforced.
The result means that overseas passengers can participate in the class action, which was successful at initial trial in October this year. More broadly, this is an important judgment for Australian consumer law and group actions giving clarity on the enforceability of class action waiver clauses in Australia. A summary of the High Court’s judgment can be found here.
Balance and several of its team members have been recognised in the Chambers and Partners Litigation Support 2025 rankings, achieving top-tier rankings in both the UK and Australia.
Balance Legal Capital is proud to be a Gold sponsor of the Commercial Litigators’ Forum for 2025.
Co-hosted by Boies Schiller Flexner and Herbert Smith Freehills, this panel discussion will explore the challenges in resolving collective actions. Experts will offer insights from the perspective of claimants, defendants and litigation funders.
Balance is proud to continue its support of the Justice and Equity Centre.
Balance is pleased to sponsor the Pro Bono Social Responsibility Initiative of the Year award at the 2025 Bar Pro Bono Awards hosted by Advocate.
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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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