The Regulation of Third Party Litigation Funding in Australia

Over the past three years since the decision in the High Court permitting litigation funding and the Federal Court’s determination that litigation funding should be treated as a managed investment scheme there has been much debate about the regulation of litigation funding in Australia.  The issue remains unresolved. At present in Australia third party litigation funding continues to remain unregulated.  Steve Mark, the Legal Services Commissioner for NSW and Tahlia Gordon discuss the implications. 

Originally Published: 
08/05/2012