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

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

Abstract

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.

Keywords

Class Action Civil Procedure Civil Litigation Small Claim Funding Agreement 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Melbourne Law SchoolMelbourneAustralia

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