NOTABLE CASES

Australia’s AMP Limited Accused of Fraud
Shareholder Losses Exceed $2 Billion

UPDATED MAY 30, 2018

CASE SUMMARY

Allegations state that on April 16, 2018, AMP was the subject of an examination by the Financial Services Royal Commission. During the course of this, two significant revelations of misconduct by AMP were publicly revealed for the first time: (1) For a number of years, AMP had been charging clients ongoing fees for no service in various contexts; and (2) since May 27, 2015, AMP misled the Australian Securities and Investment Commission (ASIC) on a number of occasions when reporting the charging of fees for no service.

There are multiple cases currently open against AMP; they include the following:

Shine Lawyers / Augusta Ventures

LAW FIRM / FINDER

Shine Lawyers / Augusta Ventures

FEES

Augusta Ventures, the funder, will pay Shine Lawyer’s professional fees, disbursements, administration fee, and insurance premium.

  • Funder’s Commission:  The greater of 1) 15 %, or 2) 2.5-3x the money funded, success fee capped at AUD 35 million.
  • Uplift Fee: 25%
  • Adverse Costs Order and/or Insurance: The Funder will pay any adverse costs orders
  • Cooling Off Period:Funder – within 14 days; Law Firm –  within 10 business days.

HISTORY

Shine Lawyers Pty Ltdwas founded 42 years ago in Queensland and listed on the Australian Stock Exchange in 2013. The class action against AMP is being led by National Special Counsel – Class Actions, Jan Saddler and Vicky Antzoulatos, Special Counsel – NSW Class Actions. Between them Jan and Vicky have close to 50 years’ experience running large and complex multiparty legal disputes including shareholder class actions, in Australia and England. Jan and Vicky have recently secured the Court’s approval of settlements in class actions against RBS Group (Australia) Pty Ltd and Sandhurst Trustees Limited, two financial services based class actions.

Augusta Ventures is a third-party litigation funder that provides funds to claimants for commercial litigation claims in a number of jurisdictions. It is the largest funder by volume of claims in the United Kingdom and has funded over 140 litigation claims deploying around $70m in funds. Augusta opened an Australian office in May 2018 to better service the Australian market.

REGISTRATION DEADLINE

August 1, 2018

CLASS DEFINITION

Purchasers / Acquirers of AMP shares traded on the ASX during the Relevant Period

CLASS PERIOD

6 May 2013 – 13 April 2018

Phi Finney McDonald / IMF

LAW FIRM / FINDER

Phi Finney McDonald / IMF

FEES

IMF will pay the majority of the legal costs including any costs order and will provide any security for costs ordered by the Court; Phi Finney McDonald will carry the remainder on a conditional fee basis, only paid in the event of a successful outcome.

  • Funder’s Commission:25%
  • Uplift Fee: No uplift fee
  • Adverse Costs Order and/or Insurance: Funder will pay adverse costs order
  • Cooling Off Period: Within 21 days of contract date

HISTORY

Phi Finney McDonald is a boutique law firm with offices in Melbourne and Sydney, Australia. They specialize in complex and large-scale litigation, with a focus on shareholder class actions.  One of their founders previously led the project litigation practice at one of Australia’s largest plaintiff firms.  With over forty years litigation experience and twenty-five years of specialist class actions experience, they have achieved almost half a billion dollars in class action settlements.

IMF Bentham Limited, previously known as IMF (Australia) limited (“IMF”), is a public company listed on the Australian Securities Exchange (ASX code: IMF). IMF Bentham is a litigation funder with a success rate of 90% in matters funded to completion since 2001. IMF provides funding for significant and large-scale litigation.

REGISTRATION DEADLINE

August 1, 2018

CLASS DEFINITION

Purchasers / Acquirers of AMP shares traded on the ASX during the Relevant Period

CLASS PERIOD

6 May 2013 – 13 April 2018

Slater & Gordon / Therium

LAW FIRM / FINDER

Slater & Gordon / Therium

FEES

Therium will fund the Litigation Costs up to the Funding Limit, but may, in its own discretion, go beyond the Funding Limit. If costs exceed funding limit attorneys will continue the litigation by carrying the balance of the proceedings on a “no-win, no-fee” basis.

  • Funder’s Commission: 22.5% – 27.5%, depending on timing of resolution
  • Uplift Fee: 25%
  • Adverse Costs Order and/or Insurance: Funder will pay adverse costs order
  • Cooling Off Period: Within 5 days

HISTORY

Slater and Gordon is a leading international consumer law firm, founded in 1935, who have an impressive record in successfully litigating securities class action claims. They employ over 800 individuals in 40 locations across Australia.

Therium Litigation Finance (Australia Limited) is a private limited company incorporated and registered in England, which provides litigation funding across a number of jurisdictions in a variety of litigation sectors.  Therium has a long track record of success in funding complex litigation (including class actions) across a number of jurisdictions, delivering favorable results to group members who would otherwise be unable to seek redress. Since its founding in 2009, Therium has funded over AUD $11bn of claims, including but not limited to Australian shareholder class actions.

REGISTRATION DEADLINE

June 18, 2018

CLASS DEFINITION

Purchasers / Acquirers of AMP shares traded on the ASX during the Relevant Period

CLASS PERIOD

7 May 2013 – 13 April 2018

Maurice Blackburn / ILFP

LAW FIRM / FINDER

Maurice Blackburn / ILFP

FEES

  • Funder’s Commission:12.5%
  • Uplift Fee: 25%
  • Adverse Costs Order and/or Insurance: Funder will pay adverse costs order
  • Cooling Off Period: Within 21 days

HISTORY

Maurice Blackburn is an Australian law firm founded in 1919 by Maurice McCrae Blackburn. With 1,000 legal professionals across 30 office locations, Maurice Blackburn has secured Australia’s largest class action recoveries, and is the only Australian firm to have secured shareholder class action recoveries in excess of $100 million, having done that seven times now.

International Litigation Funding Partners is a Singaporean based funding company that is actively involved in litigation funding in Australia. Since its formation in 2006, the company has been involved in landmark class actions such as shareholder cases against NAB and the Multiplex case which were settled for $115 million and $110 million respectively.

REGISTRATION DEADLINE

June 15, 2018

CLASS DEFINITION

Purchasers / Acquirers of AMP shares traded on the ASX during the Relevant Period

CLASS PERIOD

27 May 2015 – 13 April 2018

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