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

In December 2016 the Attorney-General asked the Commission to report on a number of issues to ensure that litigants who seek to enforce their rights using the services of litigation funders and/or through group proceedings (commonly known as class actions) are not exposed to unfair risks or disproportionate cost burdens. The report is due by 31 March 2018.

This consultation paper describes the scope of the review and outlines the issues arising from the terms of reference. It contains information about class actions and litigation funding, the current regulatory framework, and proposals for reform. It also invites submissions in response to 28 questions. 

The Commission would like to hear your views on what changes should be made to improve access to justice and ensure that litigants are not exposed to unfair risks and excessive costs. Comments are welcome from people who have participated in class actions in either a private or professional capacity, though the Commission is not reviewing individual cases. The terms of reference focus on system-wide issues and reforms.   

Download a pdf or Word version of the consultation paper from the links below.  You can also view a short, plain English summary of the issues.

You can also download this consultation paper in html format.

The closing date for submissions is 22 September 2017. Make an online submission. 


Date published: 
17 Jul 2017
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