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

Appendix B: Consultations

Formal consultations

The following formal consultations were conducted, after the consultation paper was published, to discuss the reform options identified in the paper. Comments from these consultations are cited in the report.


1. Professor Vince Morabito, Monash University

2. Judges of the Federal Court of Australia

3. Judges of the Supreme Court of Victoria—first consultation

4. Judges of the Supreme Court of Victoria—second consultation

5. Associate Professor Jasminka Kalajdzic, University of Windsor, Ontario


1. Conflict of interest and disclosure (professional stakeholders)

2. Certification of class actions (professional stakeholders)

3. Settlement of class actions (professional stakeholders)

4. Contingency fees and alternative sources of funding (professional stakeholders)

5. Views and perspectives of consumers and clients (class members of completed class actions; National Union of Workers; Consumer Action Law Centre)

Participants in roundtable consultations


Dr Michael Duffy, Monash University

Chris Hobbs, class member, Marysville bushfire class action

David Kanaley, class member, Leighton Holdings class action

Carol Matthews, representative plaintiff, Kilmore East/Kinglake bushfire class action

Dr Warren Mundy, Presiding Commissioner for Productivity Commission’s Inquiry into Access to Justice Arrangements (2013–14)

John Watson, representative plaintiff, AWB class action

Professor Vicki Waye, University of South Australia




Clayton Utz

Consumer Action Law Centre

Herbert Smith Freehills

IMF Bentham Limited

King and Wood Mallesons

Litigation Capital Management Limited

Litigation Lending

Maurice Blackburn Lawyers

National Union of Workers

Phi Finney McDonald

Slater and Gordon Lawyers

Victorian Bar

Victorian Legal Services Board and Commissioner

Other contributors

In addition to the above contributors, the following individuals and organisations provided informal comments and information to assist the Commission’s research.


Professor Peter Cashman, Sydney Law School

Cate Dealehr, Accredited Cost Law Specialist, The Australian Legal Costing Group

Liz Harris, Accredited Cost Law Specialist

Michael Legg, Director, UNSW IMF Bentham Class Actions Research Initiative

Norman O’Bryan, barrister


Australian Securities and Investments Commission

Ironbark Funding

Law Aid

Legal Services Council

Victoria Legal Aid