Where did Brookfield Multiplex go?

In my April Special Leave Rundown, I remarked on the conspicuous absence of International Litigation Funding Partners v Brookfield Multiplex Ltd [2009] FCAFC 182 which had been listed in the special leave applications list but was pulled out at some point. That case found that class actions funded by litigation funding agreements come within the definition of Managed Investment Schemes under the Corporations Act 2001 (Cth) and need to be registered as such (along with other regulatory requirements). Following that decision ASIC announced that it would give a temporary amnesty for such arrangements given how unexpected the finding was.

The mystery of the case’s absence from the leave applications the other week might now be solved by the fact that the Federal Government recently announced proposed legislative changes that will reverse the Full Court's decision and, presumably therefore, allow the litigation to proceed without the need for registration.

[UPDATE: Papers are reporting that the litigation has (or is about to be) settled.]