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How Our Funding Works

The Liquidator/Trustee first submits a written request for funding supported by as many of the documents and records available as set out under the Checklists tab.

Although we take note of any advice provided, we nevertheless undertake our own fully independent review as its merits.

For example, if a MYOB file was used in the business of a company being wound up, we will wish to interrogate the file as part of our review process.

In many instances, where the sheer volume of relevant documents and records so mandates, we inspect these in the offices of the referring party.

As we have available to us and rely on our own legal resources, we generally are able to form an initial view relatively quickly as to whether the matter is one that meets our funding guidelines.

Of Course, our team will consult with you throughout our evaluation process with a view to arriving at a firm decision as soon as possible.

Please keep in mind the requirements of Section 477(2B) of the Corporations Act 2001. The application should provide evidence of consent from a committee of inspection or creditors for the entering into a litigation funding agreement with a term of in excess of three months. Alternatively, please provide reasons to the effect that such consent will be readily available.

In appropriate circumstances we will fund an application to the Court for approval of the proposed litigation funding agreement (see for example the Commonwealth Courts Application  wherein our litigation funding agreement was scrutinised and approved by the Federal Court).

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