The Price of Access to the Civil Courts in Australia: Old Problems and New Solutions - A Commercial Litigation Funding Case Study

Authors

Camille Cameron, Dalhousie University Schulich School of LawFollow

Document Type

Article

Publication Date

2011

Keywords

Class Action, Civil Procedure, Civil Litigation, Small Claim Funding Agreement

Abstract

In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate and interact.

Comments

From the selected works of Camille Cameron.

Recommended Citation

Camille Cameron, "The Price of Access to the Civil Courts in Australia – Old Problems, New Solutions: A Commercial Litigation Funding Case Study” in M. Reimann, ed, Cost and Fee Allocation in Civil Procedure, (2011) 11 IUSGENT CPLJ 59-68.