Litigation funding – consumer protection and access to justice.

Many Australians cannot enforce breaches of their legal rights as they cannot afford the costs of litigation. Litigation funding which pays for a litigant’s legal costs, and in the event that the litigant is unsuccessful the other parties’ legal costs, is available from private companies for some actions. This paper addresses the need for litigation funding in Australia and examines the regulatory requirements which would enable its expansion, while ensuring that consumers of legal services are not exploited.