The leading case on the calculation of funds management in Australia is the 2014 High Court decision in Gray v Richards.
The law is clear that a financially incapable plaintiff should not have to meet the cost of funds management from the judgment sum. If no allowance is made for funds management, there will be a shortfall.
Aeran’s Jane Campbell has written an article in this month’s Precedent Magazine (issue 176) to help personal injury lawyers claim appropriate damages for funds management and guide clients in selecting a financial manager.
The full article may be downloaded here.