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Litigation Management Agreement for Australia

Litigation Management Agreement Template for Australia

A comprehensive agreement governed by Australian law that establishes the framework for managing complex litigation matters. This document outlines the relationship between the litigation manager and the client, detailing responsibilities, reporting structures, fee arrangements, and operational procedures. It incorporates relevant Australian legal requirements, including compliance with the Legal Profession Uniform Law, Corporations Act provisions relating to litigation funding, and applicable civil procedure rules.

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What is a Litigation Management Agreement?

The Litigation Management Agreement is essential for organizations engaging in complex litigation in Australia, particularly where professional litigation management services are required. This document has become increasingly important with the rise of class actions, complex commercial disputes, and the evolution of litigation funding arrangements in the Australian legal landscape. It sets out the comprehensive framework for managing litigation, including detailed provisions for service scope, reporting requirements, fee structures, and risk management protocols. The agreement ensures compliance with Australian regulatory requirements, including the Legal Profession Uniform Law and Corporations Act provisions relating to litigation funding schemes. It is particularly vital for matters involving multiple stakeholders, significant documentary evidence, or complex legal issues requiring specialized management.

What sections should be included in a Litigation Management Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the litigation manager, client(s), and any other relevant stakeholders

2. Background: Sets out the context of the litigation and the purpose of the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Scope: Details the appointment of the litigation manager and defines the scope of services to be provided

5. Duration: Specifies the term of the agreement, including commencement date and termination provisions

6. Duties and Responsibilities: Outlines the specific duties and responsibilities of the litigation manager

7. Client Obligations: Details the obligations and responsibilities of the client(s)

8. Fees and Costs: Specifies the fee structure, payment terms, and cost allocation

9. Confidentiality: Sets out confidentiality obligations and information handling requirements

10. Conflicts of Interest: Addresses potential conflicts and management procedures

11. Reporting and Communication: Establishes reporting requirements and communication protocols

12. Termination: Details circumstances and procedures for termination of the agreement

13. Liability and Indemnification: Addresses liability limitations and indemnification provisions

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Litigation Management Agreement?

1. Class Action Provisions: Required for class action litigation, addressing group member management and communications

2. Multi-Party Coordination: Needed when multiple parties are involved, establishing coordination protocols

3. Third-Party Funding: Include when litigation funding is involved, addressing funder relationships and obligations

4. International Provisions: Required for cross-border litigation, addressing international jurisdictional issues

5. Document Management Protocol: Optional detailed provisions for managing large document collections

6. Alternative Dispute Resolution: Optional provisions for mediation or arbitration of agreement-related disputes

7. Insurance Requirements: Detailed insurance provisions when specific coverage is required

8. Intellectual Property: Required when litigation involves IP rights or when specific IP needs protection

What schedules should be included in a Litigation Management Agreement?

1. Schedule 1 - Services Description: Detailed description of litigation management services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, costs, and payment arrangements

3. Schedule 3 - Key Personnel: List of key personnel assigned to manage the litigation

4. Schedule 4 - Reporting Templates: Standard templates for regular reporting and communications

5. Schedule 5 - Communication Protocol: Detailed procedures for communications between parties

6. Schedule 6 - Document Management Procedures: Specific procedures for document handling and management

7. Appendix A - Power of Attorney: If required, specific powers granted to the litigation manager

8. Appendix B - Conflict Check Procedures: Detailed procedures for identifying and managing conflicts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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