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ARTICLE · 04 FEBRUARY 2019

To expect class action reform – ALRC report released

The basis for the Inquiry was the increased prevalence of class action proceedings, and the role of litigation funders.

AustraliaLitigation, Mediation & Arbitration

Background

On 24 January 2019, the Australian Law Reform Commission  (ALRC) report ‘Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders’ (Report) was tabled in Parliament.

The basis for the Inquiry was the increased prevalence of class action proceedings commenced in Australian courts, and the role of litigation funders in those class actions.

The Report contains 24 recommendations concerning the Federal system, some of which depart significantly from the reform measures proposed in the ALRC’s Discussion Paper of 31 May 2018 (Discussion Paper).

If implemented, the recommendations would change significantly the class action landscape and may lead to further legislative reform of securities law.

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