Checklist · Class Actions / Representative Proceedings

Litigation funding agreement and costs review checklist (including common fund orders and Victorian group costs orders)

A checklist for reviewing a class action litigation funding agreement and costs agreement: commission and fees, control, conflicts, security and adverse costs, disclosure to group members and the court, common fund orders after Kain, and Victorian group costs orders.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Victoria, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 7 authorities it cites, for Australia, Victoria and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when advising a representative applicant, a funder or a law practice on funding and costs arrangements for a class action, before the agreements are signed and again before the first case management hearing and any settlement approval. Not a substitute for advice on the regulatory status of a particular funding scheme.

How AI may be used

AI may extract the commercial terms of funding and costs agreements into this checklist and compare them with market terms the lawyer supplies, but the reasonableness of commission and costs, and any regulatory characterisation, are lawyer judgments.

AI may

  • Extract commission, fees, caps, termination, control and conflict clauses into a comparison table with clause references
  • Model the waterfall of a hypothetical settlement using figures the lawyer provides
  • Flag clauses that the checklist identifies as requiring disclosure to group members or the court

AI must not

  • Must not decide whether a commission or legal costs are fair and reasonable
  • Must not characterise the scheme for Corporations Act purposes
  • Must not be given privileged case assessments shared with the funder in a tool that retains or trains on inputs

The lawyer checks

  • Commission, fees and costs are disclosed clearly and early, and changes are notified
  • Conflict management provisions are adequate and operating
  • Any proposed common fund order or group costs order is within power after Kain
  • The confidential disclosure to the court and the Notice of Disclosure are filed on time

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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