Change is still a way off on ALRC proposal: Honan

Australian-Law-Reform-Commission/ALRC/policy/regulation/honan-insurance-group/honan/insurance/life/risk/

image
image
expand image

Despite the Australian Law Reform Commission’s (ALRC’s) recent recommendations to the Federal Attorney-General from its Inquiry into Class Action Proceedings and Third-Party Litigation Funders, Honan Insurance Group says change is still a way off.

Head of legal, Blair McNamara, said the ALRC’s recommendation to regulate third party litigation funding in Australian and to lift the prohibition on lawyers charging contingency fees would impact current conditions.

“I do not see contingency fees being for lawyers as a drastic or alarming development so long as the change is supported by appropriate safeguards”, said McNamara.

He said whilst corporate Australia may not universally see such a change as positive, it was important to note:

  • The ALRC recommendation is limited to class action litigation only filed in Australian courts;
  • A lawyer’s percentage-based fee should absorb all legal costs and disbursements; and
  • Percentage-based fee agreements are only permitted with leave of the Court.

The head of legal said change was a way off given the reform proposal was at federal level, and any change to removing prohibitions on contingency fees would need to transpire at state and territory level.

Read more about:

AUTHOR

Recommended for you

sub-bgsidebar subscription

Never miss the latest news and developments in wealth management industry

MARKET INSIGHTS

So we are now underwriting criminal scams?...

2 months 3 weeks ago

Glad to see the back of you Steve. You made financial more expensive, not more affordable as you claim, and presided ...

2 months 3 weeks ago

Completely agree Peter. The definition of 'significant change is circumstances relevant to the scope of the advice' is s...

4 months 3 weeks ago

ASIC has suspended the Australian Financial Services Licence of a Melbourne-based financial advice firm....

1 week 3 days ago

The corporate regulator has issued infringement notices to three AFSLs whose financial advisers provided personal advice to a retail client while unregistered....

2 weeks 2 days ago

ASIC has released the results of its first adviser exam to be held in 2025, with 241 candidates attempting the test....

3 weeks ago

TOP PERFORMING FUNDS

ACS FIXED INT - AUSTRALIA/GLOBAL BOND