Speaking at the Australian Academy of Law lecture in Brisbane, 4 Oct 2018, the Hon Justice S C Derrington, President of the ALRC, provided some background to Litigation Funding and Class Actions in Australia, and around the world.
“Against this background, I turn to consider the overarching principles by which the ALRC has been guided in formulating its proposed recommendations.
Principle One: It is essential to the rule of the law that citizens should be able to vindicate just claims through a process characterised by fairness and efficiency to all parties, that gives primacy to the interests of the litigants, without undue expense or delay.
Principle Two: There should be appropriate protections in place for litigants who wish to avail themselves of the class action system and the variety of funding models that facilitate the vindication of just claims.
Principle Three: The integrity of the civil justice system is essential to the operation of the rule of law.”
On January 24 2019, the Attorney-General for Australia tabled in Parliament the Australian Law Reform Commission (ALRC) report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders (Report 134, 2018).