Litigation Funding and Group Proceedings
Tabled in Parliament Date:
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.
- Terms of reference received
- Submissions and consultations
- Submissions closed
- Final Report
- Tabled in parliament
Access to Justice—Litigation Funding and Group Proceedings: Plain English summary of the issues (pdf)