Note on deregulation5 Dec 2022 20:11
CONCLUSIONS
1. Class action risk is expected to increase in Australia as a result of the Federal Government's plan for deregulation of litigation funding and the addition of a further class action regime in Western Australia.
2. The reduction in regulatory requirements for litigation funding is likely to attract further resources for commencing class actions in Australia. This will probably generate more actions brought in relation to consumer, investor, product liability, employee, environmental and mass tort claims. The approach to shareholder claims remains less certain due to new additional restrictions on the main causes of action dealing with disclosure.
3. As the Western Australian economy is characterised by its resources (iron ore, gold, liquefied natural gas), agriculture and services sectors, corporations operating in those areas may be exposed to greater class action risk with the passage of this new State-based class action regime.