Third party litigation funding

Summary

Australia was one of the earlier jurisdictions to allow third party litigation funding.  It is now one of the earliest jurisdictions to review its operation and to propose a regulatory system.

Researchers

• Professor Vince Morabito
• Dr Michael Duffy

Project background and aims

The project aims to explore both the cautious and progressive views on third party litigation funding as well as to critically assess the regulatory model proposed by the Australian Law Reform Commission.  The report of the Victorian Law Reform Commission will also be considered.

Methodology

The analysis will be traditional legal doctrinal and historical.

Outputs

Duffy M & Lombard S, 'A comparative analysis of litigation funding in insolvency claims and in class actions: one coin, two sides?' (2024) 47(3) University of New South Wales Law Journal 941-974.

Slade B., Gibbs S. & Morabito V, 'Post-Brewster jurisprudence - the future of the common fund doctrine' (2022) 96(6) Australian Law Journal 430.

Waye V & Duffy M, 'The fate of class action Common Fund Orders: the policy, procedural and constitutional issues of a legislative revival' (2021) 40(2) University of Queensland Law Journal 215.

Morabito V & Duffy M, 'An Australian perspective on the involvement of commercial litigation funders in class actions' (2020) 3 New Zealand Law Review 377.

Waye V & Morabito V, 'Financial arrangements with litigation funders and law firms in Australian class actions' in Litigation, Costs, Funding and Behaviour: Implications for the Law. van Boom, W. H. (ed.). Abingdon UK: Taylor & Francis 2017, p. 155-200 46 p.

Duffy M, 'Two's company, three's a crowd? Regulating third-party litigation funding, claimant protection in the tripartite contract, and the lens of theory' (2016) 39(1) University of New South Wales Law Journal 165.