find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (1-3 PAE)
Category: Insurance and Superannuation Law | Location: Sydney NSW 2000
· Join a dynamic Firm · Excellent career growth opportunity
View details
In-house lawyer 1-4 PAE
Category: Generalists - In House | Location: Adelaide SA 5000
· Leading Brand · Report to a Dynamic Legal Counsel
View details
AG moves to curb mega-litigation

AG moves to curb mega-litigation

The courts are to be given more power to curb "mega-litigation" - as seen in cases such as the Bell liquidation and C7 - under new legislation introduction into Parliament by Attorney-General…

The courts are to be given more power to curb "mega-litigation" - as seen in cases such as the Bell liquidation and C7 - under new legislation introduction into Parliament by Attorney-General Robert McClelland on Monday.

The Access to Justice (Civil Litigation Reforms) Amendment Bill 2009 introduces targeted reforms to reduce the cost of litigation and minimise unnecessary court delays.

"The bill will make clear that the court, litigants and their representatives are expected to conduct litigation efficiently," McClelland said.

"Cases like the Bell liquidation and C7 show the need for courts to have strong powers to ensure that public resources are used responsibly and that justice is accessible to all Australians."

Beefed-up case management powers are the centrepiece of the legislation. A new section, 37M, will provide support to judges so they can employ active case management powers.

In the explanatory memorandum, the Attorney-General said the section was a response to public concerns about "mega-litigation".

"This provision is intended to be a reminder to litigants that costs should be proportionate to the matter in dispute. It is not only the cost to the parties that is relevant."

The bill also introduces a range of measures to expedite court proceedings, with section 37N imparting an obligation on all parties to facilitate the resolution of disputes as quickly, inexpensively and efficiently as possible.

The court will also be given powers to impose cost penalties on parties and their lawyers who fail to comply with this duty.

"These reforms are essential in enabling federal courts to deliver a fair, effective and affordable service to litigants," McClelland said.

The bill will amend the Federal Court Act to introduce the case management and procedural reforms.

- Laura MacIntyre

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

AG moves to curb mega-litigation
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...