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ARTICLE · 02 SEPTEMBER 2011

The model litigant policy in the spotlight

Norton Rose Fulbright Australia
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The obligation for government agencies to act as a model litigant has received recent attention.

AustraliaGovernment, Public Sector
Ashley Tsacalos
Ashley Tsacalos
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The obligation for government agencies to act as a model litigant has received some recent attention.  Recently, the Attorney-General, the Hon. Robert McClelland stated that 'any breach of the model litigant obligation would be unacceptable as the Australian Government is committed to achieving the highest professional standards in its handling of claims and litigation'.

These remarks were welcomed by the Rule of Law Institute of Australia who stated in a media release that 'it is important that the message come from the highest levels of government that the Crown must behave as a model litigant when investigating and taking legal action against its citizens'.  The Rule of Law Institute of Australia has called for the Federal Government to immediately commission an independent agency to conduct a thorough and consultative review of both the rules for behaving as a model litigant and their administration.

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