ALRC report: Integrity, Fairness and Efficiency – An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (ALRC Report 134)
The Australian Law Reform Commission (ALRC) has released its final report: Integrity, Fairness and Efficiency – An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (the Report). The Report reviews the integrity of third-party funded class actions and the efficacy of the class action system. In doing so, the report makes 24 recommendations for reform which aim to promote fairness and efficiency, protect litigants and assure the integrity of the civil justice system.
Key recommendations include:
The acting Attorney-General, the Honourable Greg Hunt MP, has recognised that the Report mandates careful consideration by the Government. The Government will continue to engage with key stakeholders before development a response to the Report.
While the legislative reforms proposed obviously relate to Commonwealth legislation, namely the FCA Act and the Corporations Act, the reforms are likely to touch NSW Government agencies and local government bodies as class action defendants (and plaintiffs, as councils have been active in this area) including where there may be some trickle through to reform in NSW.
The report can be accessed here.
Authors: Christine Jones, Lauren Stables & Kate O'Mara
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Evidence (Audio and Audio Visual Links) Amendment (Bail Exemptions) Regulation 2019 (2019-24) — published LW 25 January 2019
Legal Profession Uniform General Amendment (Indexation) Rule 2019 (2019-25) — published LW 25 January 2019
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Published by Christine Jones, Lauren Stables, Kate O'Mara