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Corporations Amendment (Improving Outcomes for Litigation Funding Participants) 2021

✦ Plain-English Summary

# Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 ## What it does This bill updates rules for companies that fund class action lawsuits (where groups of people sue together). It creates clearer definitions of how litigation funding schemes work and what counts as money recovered for class members—including court judgments, settlements, and legal cost awards. ## Why it matters Class actions help ordinary Australians pursue compensation for shared grievances (like faulty products or workplace issues) without needing to fund expensive legal battles alone. Better rules around litigation funding make it clearer how that money gets divided between what members receive versus what funders take as their cut. ## Key details - The bill defines "claim proceeds" as the total compensation awarded to class members *before* costs are deducted—so the full picture of what was actually won is transparent - It establishes what counts as a "class action litigation funding scheme" and spells out the agreement between funders and members - The law takes effect the day after it receives Royal Assent (the Governor-General's sign-off), with no delayed implementation period

Official Description

Implements the government's response to the report of the Parliamentary Joint Committee on Corporations and Financial Services' inquiry into litigation funding and the regulation of the class action industry by amending the Corporations Act 2001 to: establish a new kind of managed investment scheme called a class action litigation funding scheme; and introduce additional requirements for the constitutions of managed investment schemes that are class action litigation funding schemes.

Committee Referrals

Parliamentary Joint Committee on Corporations and Financial Services; Senate Standing Committee for the Scrutiny of Bills; Senate Economics Legislation Committee

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Audit History

Introduced

27 Oct 2021

Last updated on APH

10 Apr 2026

Last checked by Crossbench

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Full text indexed

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