Reversing litigation funding reforms | Implications for Directors’ & Officers’ insurance
Moves to undo the Coalition’s changes to the class action framework have commenced, with the Labor government intending to remove regulatory oversight for litigation funders. Draft regulations have been released, and if approved, funders will not be required to hold an Australian Financial Services Licence (AFSL) nor comply with the rules for Managed Investment Schemes (MIS), the argument being that these regimes were not intended to regulate the litigation funding industry. Dennis Moens, Client Manager – Professional and Executive Risks, explains how these changes could impact future class action activity and Directors & Officers’ insurance.
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