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Contributor: PR Newswire New York
Tuesday, December 22 2020 - 11:45
AsiaNet
International Legal Finance Association Statement On Australian Parliamentary Committee Inquiry On Litigation Funding
WASHINGTON, Dec. 22, 2020 /PRNewswire-AsiaNet/ --

Today, the International Legal Finance Association (ILFA) -- the global voice 
of the commercial legal finance industry -- issued a statement in response to 
Australia's Parliamentary Joint Committee on Corporations and Financial 
Services Inquiry on Litigation Funding and the Regulation of the Class Action 
Industry. The Committee issued its findings and recommendations to the full 
Parliament today.

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"Australia's current balanced approach between securities law, class action 
procedure, and legal funding provides a model for the world, and reinforces its 
strong position as a destination for global investment.

However, today's report attempts simultaneously to water down Australia's 
securities law, and to apply new regulatory burdens to class action procedures 
and legal funding.

The Committee's recommendations would place undue burdens on shareholders 
seeking access to justice by driving up compliance costs and increasing the 
cost of capital.

There is no evidence, in Australia or elsewhere, that class actions or 
litigation funding needs the kind of intrusive regulation proposed by the 
Committee. It appears that the Committee has relied on dubious claims from 
those opposed to these free market activities in proposing these regulations.

It is, of course, for each jurisdiction to determine the rigor of its own 
regulatory regimes.  But jurisdictions that impose onerous barriers on the 
enforcement of shareholders' rights risk seeing global capital flow elsewhere, 
impacting the level and vitality of commercial activity.

The deliberations of the Committee and its recommendations have been infected 
by an entirely false premise that "exploding" numbers of shareholder class 
actions have caused "skyrocketing" D&O insurance premiums which threaten the 
future of ASX companies.

Misconceptions about legal finance have been deliberately advanced by a small 
group of vocal opponents. These falsehoods threaten to upset the balance 
between law, procedure, and the funding of these fundamental market activities 
by those pursuing justice in the legal system and undermine regulatory review 
processes that should be grounded in facts, not hyperbole.

The legal finance community operates responsibly and within well-established 
best practice frameworks, including those required for ILFA membership.

ILFA is committed to playing an active and constructive role to promote 
transparency and confidence in the marketplace by striking an appropriate 
balance between protecting stakeholders and fostering growth and innovation."

ILFA represents the industry's interests before governmental bodies, 
international organizations and professional associations and serves as a 
clearinghouse of relevant information, research and data about the uses and 
applications of commercial legal finance. 

Details of the false premise referred to above are to be found at paragraphs 
17.12 to 17.24 inclusive and paragraph 17.119 of the Report by the Joint 
Committee.

For additional information, including ILFA's industry best practices and member 
obligations, please visit www.ilfa.com 

Press Contact: John Procter - +1-703-587-9967

SOURCE: International Legal Finance Association