What We Do
What We Do
We fund litigation.
Too often worthy cases are not run for lack of funds. We set up Ironbark to fund these worthy cases.
We look for cases with good prospects of success and a defendant with the ability to pay.
We know that to succeed in litigation you need significant funds, legal smarts and a teamwork attitude. Ironbark can provide all three.
The types of cases Ironbark will consider funding
- 01. Insolvency related litigation
- 02. Misleading and deceptive conduct
- 03. Breach of contract
- 04. Misrepresentation and mis-selling
- 05. Financial and insurance sector claims
- 06. Professional Negligence
- 07. Breach of trust and/or fiduciary duty
- 08. Class actions
- 09. Shareholder and investor claims
- 10. Breaches of directors' and officers' duties
What's in it for The Insolvency Practitioner
Ironbark can work with your current lawyers or recommend and introduce you to lawyers to prosecute your claim.
In addition to our financial resources, if requested we can provide strategic and management assistance so the claim is successfully prosecuted.
We remove the financial risk and burden of litigation from your client. Whether your client can meet the costs of the litigation or not, the stress of litigation on cash-flow and balance sheet means litigation funding may be attractive to your client.
We provide your client with financial support so they are appropriately resourced for the litigation. If requested we can add our significant litigation experience and contacts within the industry to assist you.
Given we are only paid if the case is successful your client can focus on its business knowing that we have a common interest in obtaining the best result possible.
Claimants like the fact we cannot be outspent by deep pocketed defendants. When we agree to fund a case, we do so expecting the case to run to trial and make financial provision accordingly.
We can work with your current lawyers or recommend and introduce you to lawyers to prosecute your claim.
In addition to our financial resources, our wealth of experience and contacts within the industry ensures that if requested we can provide management and strategic assistance to ensure your claim is best prosecuted.
We have a common interest in achieving the best result because Ironbark only gets paid if you are successful.
We ensure the prosecution of a worthy case is not constrained by insufficient resources. We will work with you so that you are able to best present the case.
We partner with you and your legal team or we can recommend and introduce you to lawyers to assist with the prosecution of the claim.
If requested, we can draw on our significant experience and contacts within the industry, to assist with the management and prosecution of the claim.
What's in it for Ironbark Funding
If your case is successful Ironbark will typically receive a percentage of the damages recovered. We do not have a set percentage because every case is different.
If the proceedings fail, Ironbark gets nothing and will generally pay the other side’s costs.
How our litigation funding process works in practice.Think we can help? Contact us
Contact us by phone or email. We confidentiality discuss your case with you and ask for the key documents.
We aim to tell you if we are interested in funding your case within 7 days of receiving your key documents.
We will investigate your case further. This may include meeting with you and your legal team if one has been appointed.
If we are interested in funding your matter we will propose terms for your consideration. If you don't already have a legal team we can recommend one.
If terms are agreed, litigation funding will be made immediately available. Typically bills will be paid monthly.
6 Case management
We will monitor the case with a view to minimising red tape. We will want to know about any important developments with the case including settlement offers. Typically we get this information from your lawyers.
We are only paid when you succeed. If your case is unsuccessful you will not have to pay any money to Ironbark.
Some of our most Frequently Asked Questions
- How long will the assessment process take?
- Ironbark Funding aims to give you a preliminary view of our interest in funding your case within 7 days of receiving the key documents. We will then investigate your claim further. We aim to reach terms on funding within a month of receiving sufficient information upon which a funding decision can be based.
- What information do you require?
- We need the key documents that will enable us to assess your case. We will want to see any letter of advice from your solicitor or barrister if you have one that details the basis of your claim and likely damages. If the case has started we will need to see the pleadings. If there is any evidence or expert reports available we will want to see them.
- Would you consider funding my case if I had already commenced litigation?
- What if I only need funding for part of my costs. Will Ironbark consider this?
- Yes. Each case is different and each Claimant has different requirements. We are flexible in our approach and are able to tailor each funding agreement to the requirements of each case.
- When does Ironbark pay bills?
- Monthly unless otherwise arranged.
- What do you look for in a case?
- The defendant(s) capacity to satisfy any judgment is a threshold question. Liability is then considered and the likely costs of running the matter, which need to be proportional to the damages. Finally, if there is a legal team in place we want to be satisfied they have sufficient expertise to successfully prosecute the case.
- Who will represent me?
- You will have your own lawyers representing you. We do not represent Claimants. We seek to work with the Claimant's lawyers if they are already in place or we can recommend and introduce the Claimant's to lawyers.
- Will Ironbark control my case?
- No. Ironbark is subject to the requirements of Corporations Regulation 7.6.01AB which precludes litigation funders from controlling a case.
- Are you lawyers and do you give legal advice?
- We are qualified lawyers which enables us to assess the claims we consider funding but we do not provide legal advice. You must rely on your own legal team for legal advice.
- What happens if a case doesn’t settle and is unsuccessful?
- Typically the claimant is not required to pay anything as adverse costs are generally met by Ironbark. The case will typically have cost the claimant nothing other than the time it takes to provide the necessary information to the claimant's own legal team.