Litigation Funding and Group Proceedings

The ability of everyone to use the legal system to enforce their rights is basic to a fair and open legal system. However, sometimes legal processes develop in a way that restricts access to the law by making it too risky or expensive to proceed. 

In December 2016, the Attorney-General asked the Commission to inquire into access to the law as it pertains to litigation funding, contingency fees for law firms, and class actions - in particular, to recommend changes to ensure that class action litigants were not exposed to disproportionate costs.     

Following the publication of a consultation paper in July 2017 posing a number of questions and inviting submissions, the inquiry received 36 submissions, conducted roundtable discussions with lawyers, academics, regulators, litigation funders and class action members, and consulted with judges and other contributors. The inquiry also researched previous pertinant reviews in Victoria, Australia and overseas.  

Tabled in parliament in June 2018, the Access to Justice: Litigation Funding and Group Proceedings Report recommended changes to increase access to justice for class action litigants. This could be achieved by regulating litigation funding at a national level, lifting the ban on contingency fees and increasing the Victorian Supreme Court's role in managing class actions.

Below are links to the report, the consultation paper, a plain English summary of the issues, the submissions received and other documents.

Implementation

28 November 2019 - Justice Legislation Miscellaneous Amendments Bill 2019 read a second time. If passed the legislation will enable the Supreme Court to make orders for lawyers to receive a fee for class action litigation, calculated as a percentage of the settlement damages.

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
View full timeline

Project Publications

Access to Justice: Litigation Funding and Group Proceedings: Report (pdf and Word)

Tabled in parliament on 19 June 2018, the Commission's report Access to Justice: Litigation Funding and Group Proceedings made 31 recommendations to...

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Access to Justice: Litigation Funding and Group Proceedings: Report (html)

Tabled in parliament on 19 June 2018, the Commission's report Access to Justice: Litigation Funding and Group Proceedings made 31 recommendations to...

Read more here

Litigation Funding and Group Proceedings: submissions received

The Commission received 36 submissions to its review of Access to Justice: Litigation Funding and Group Proceedings and those below are published...

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Summary of Litigation Funding and Group Proceedings

Below is a short, plain english summary of the issues raised by the consultation paper Access to Justice—Litigation Funding and Group Proceedings....

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Litigation Funding and Group Proceedings: Consultation Paper (pdf or Word)

In July 2017, the Victorian Law Reform Commission published a consultation paper on access to justice by litigants who seek to enforce their rights...

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Litigation Funding and Group Proceedings: Consultation Paper (html)

In July 2017, the Victorian Law Reform Commission published a consultation paper on access to justice by litigants who seek to enforce their rights...

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Litigation Funding and Group Proceedings: Quiz

Class actions are becoming a popular form of legal action in Victoria - but how much do you know about them? Test your knowledge with this short quiz...

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Litigation Funding and Group Proceedings: Quiz answers

  How well did you do? To find out more about litigation funding and group proceedings (class actions), read the consultation paper.    1) d) Red...

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Litigation Funding and Group Proceedings: Terms of Reference

On 16 December 2016, the Attorney-General asked the Commission to report on access of justice by litigants who seek to enforce their rights using the...

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