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June 22, 2018

Australian Defense Lawyer Disappointed in Class Action Report

A class action defense lawyer in Australia said the Victorian Law Reform Commission’s recommendation report on class action litigation regulation was “very disappointing,” the Australian Financial Review reports.

Stuart Clark of Clayton Utz said the report was disappointing because it recommends national action over state action on the licensing of third party litigation funders. He called it an “opportunity to craft a sensible regulatory regime that could have been pressed federally by the Victorian government” but he must “now hope that the [Australian Law Reform Commission] takes up the challenge and recommends that the federal government acts and acts quickly.”

Clark also called the report’s recommendation that third party litigation funding regulation be referred to the Council of Australian Governments was “perhaps the worst possible outcome” because the council has “all too often been the graveyard of good proposals for reform.”

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