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ARTICLE · 18 JANUARY 2018

Commonwealth litigation – an in-depth look at the Model Litigants Bill

Holding Redlich
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Existing model litigant obligations would be reinforced, and an independent mechanism would deal with any complaints.

AustraliaGovernment, Public Sector
Scott Alden
Scott Alden
Greg Wrobel
Greg Wrobel
Victoria Gordon
Victoria Gordon
Jack Collins
Jack Collins
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Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017

The Australian legal system is premised on parties having equal bargaining power. However, the wealth of power and economic resources afforded to governments, as well as their level of experience within the justice system, means that opposing parties are often placed at a disadvantage in legal proceedings.

On 15 November 2017, the Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017 (the Bill) was introduced into Parliament which, if passed, will subject Commonwealth litigants to enforceable model litigant obligations.

Background

The Bill is in response to a 2014 report by the Commonwealth Productivity Commission (Commission) into access to justice in Australia. In their report, the Commission recommended that governments, as well as their agencies and representatives, should be subject to model litigant obligations, with compliance to be monitored and enforced through

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