Research Paper #3 - Class Actions and Litigation Funding Reform: The Views of Class Action Practitioners

Abstract

In this paper, we provide qualitative data on the class actions regime and commercial litigation funding in Australia, based on interviews with experienced legal practitioners from the Federal Court Class Action Users’ Committee and the Law Council Class Actions Sub-Committee. Participants discussed their views on the current operation of the class actions regime; the way in which commercial litigation funding is working; transaction costs and delays associated with class actions; the merits of claims and defences; and ethical issues arising out of the conduct of plaintiff and defence firms, funders and counsel. Practitioners identified various problems associated with class actions and litigation funding and outlined their thoughts on possible solutions to those problems.