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Part 5A · Rules Applicable to Third-Party Funding

49A. Disclosure of third-party funding

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Amended

Last amended by an amending law of 2017.

(1)

When conducting any dispute resolution proceedings before a court or tribunal, a legal practitioner must disclose to the court or tribunal, and to every other party to those proceedings —

(a)

the existence of any third-party funding contract related to the costs of those proceedings; and

(b)

the identity and address of any Third-Party Funder involved in funding the costs of those proceedings.

(2)

The disclosure under paragraph (1) must be made —

(a)

at the date of commencement of the dispute resolution proceedings where the third-party funding contract is entered into before the date of commencement of those proceedings; or

(b)

as soon as practicable after the third-party funding contract is entered into where the third-party funding contract is entered into on or after the date of commencement of the dispute resolution proceedings.

Subregulation 1

When conducting any dispute resolution proceedings before a court or tribunal, a legal practitioner must disclose to the court or tribunal, and to every other party to those proceedings —

(a)

the existence of any third-party funding contract related to the costs of those proceedings; and

(b)

the identity and address of any Third-Party Funder involved in funding the costs of those proceedings.

Subregulation 2

The disclosure under paragraph (1) must be made —

(a)

at the date of commencement of the dispute resolution proceedings where the third-party funding contract is entered into before the date of commencement of those proceedings; or

(b)

as soon as practicable after the third-party funding contract is entered into where the third-party funding contract is entered into on or after the date of commencement of the dispute resolution proceedings.

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