Australia’s Litigation Funding Reforms Remain Contentious

    View Author February 2022

    The regulation of litigation funding remains a hot topic in Australia. In 2020, significant reform occurred with the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth) (Regulation). The Regulation required litigation funders to hold an Australian Financial Services Licence and be registered as a managed investment scheme for any class action. It also subjected litigation funders to regulatory oversight by ASIC. In October 2021, the Australian government proposed further reforms tabling The Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 (Bill).

    This article is the first part of a litigation funding series. The series will review, assess and comment on the Bill, the proposed reforms, significant developments and the potential consequences and benefits of the reform from various perspectives, including in external administrations.