The View From Abroad: Australia

In 'the view from abroad' section, we take a closer look at Australia - one of the world's strongest and most progressive third party litigation funding markets

When it comes to third party funding, as a jurisdiction, Australia is at the forefront. The passing by New South Wales of the Maintenance, Champerty and Barratry Abolition Act in 1993 enabled Australia's first foray into dispute resolution funding. Prior to that, because of the English common law doctrines of maintenance (where a person supports litigation in which that individual has no legitimate concern) and champerty (where one party financially maintains another in litigation and then takes a share of the damages), it had historically been illegal.