The Price of Access to the Civil Courts in Australia – Old Problems, New Solutions: A Commercial Litigation Funding Case Study

  • Camille Cameron
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 11)


In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate and interact.


Class Action Civil Procedure Civil Litigation Small Claim Funding Agreement 
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Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Melbourne Law SchoolMelbourneAustralia

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