Claimants in the QBE open class action must pay to file the lawsuit regardless of whether they have signed up with the litigation’s funder, following a Federal Court ruling.

The court has approved Maurice Blackburn Lawyers’ application to include “common fund” in the legal action filed last year.

“All claimants will be required to pay the same pro-rata share of the funding commission from any recovery,” the law firm says.

“The court will approve the rate of the commission, taking into account a range of factors such as the size of the damages award or settlement, the litigation risks of providing funding in the proceeding, and the funding commissions available or common in the market.”

International Litigation Funding Partners is funding the class action by shareholders seeking more than $200 million compensation from QBE “for shares purchased at inflated prices”.

The lawsuit was triggered by QBE’s announcement in December 2013 that it was expecting a full-year loss of $US250 million ($329.24 million), compared with industry predictions of a $US1 billion-plus ($1.3 billion).

The announcement wiped $4 billion from QBE’s market value in a day, as investors dumped the stock.

The class action was lodged in the Federal Court in Melbourne last year.