Liberal thinktank submission on class actions labelled ‘an undergraduate essay that would fail’ – The Guardian
A government-ordered inquiry into the funding of legal class actions descended into acrimony on its first day of hearings when the first witness from a Liberal party thinktank was accused of misquoting a federal judge and citing unreliable figures.
James Mathias, the chief of staff at the Menzies Research Centre (MRC) and a former Liberal candidate for federal parliament, sought to defend his submission during tense exchanges with the Labor senator, Deborah ONeill, who described it as an undergraduate essay that would fail on multiple grounds.
Mathias appeared on Monday before a parliamentary committee investigating whether Australias class action industry needs tighter regulation to ensure fair and equitable outcomes for plaintiffs with the government raising concerns about the role of large companies that sometimes fund class actions.
Labor has claimed the inquiry is a sham set up by the Liberals to deny hardworking Australians any chance of defending their rights against large companies and governments with virtually limitless resources.
The first line of the submission from the MRC the Liberal party thinktank quoted the federal court justice Michael Lee as saying in a judgment on 5 June: The phrase access to justice is often misused by litigation funders to justify what at bottom is a commercial endeavour to make money out of the conduct of litigation.
It was purportedly from a judgment on class actions stemming from allegations that the Australian defence department negligently allowed toxic chemicals known as Pfas to escape from defence bases and contaminate local environments.
But Mathias, who was just 21 when he ran as a federal candidate for the Victorian seat of Holt in 2016, confirmed under questioning he had not read the full judgment cited in the submission as judgments are very long some hundreds of pages.
ONeill said the judgment was actually 37 pages long and the words you quote in the very first line of your submission are nowhere, nowhere to be found in his honours judgment.
The NSW senator said the only place that quote could be found was in an article in the legal journal Lawyerly on 9 June, titled A significant inequality of arms: Funding led to better outcomes in PFAS class action, judge says.
Mathias took that question on notice. But when ONeill accused him of misquoting and taking Justice Lee completely out of context in an attempt to convey the false impression that Justice Lee is opposed to litigation funding, Mathias said: I fundamentally reject the premise of that, senator.
In Lees judgment of 5 June, the judge made a more qualified statement that the term access to justice is commonly misused, most often by some funders who fasten upon it as an inapt rhetorical device.
He then cautioned against generalisations. While noting litigation funding is about putting in place a joint commercial enterprise aimed at making money, Lee went on to say that recognising that reality does not diminish the importance of litigation funding in allowing these class members to vindicate their claims against the commonwealth.
Referring to the alleged victims in the Pfas class actions, Lee continued: Without litigation funding, the claims of these group members would not have been litigated in an adversarial way but, rather, they would likely have been placed in the position of being supplicants requesting compensation, in circumstances where they would have been the subject of a significant inequality of arms.
ONeill also challenged Mathias over the claim in his submission that by 2019, the average amount paid to plaintiffs had fallen to just 39% of the settlement proceeds a figure that has since been quoted in several news reports..
He said it was based on a presentation contained within a PowerPoint of analysis by the law firm Herbert Smith Freehills.
In later proceedings, Andrew Saker, the managing director of litigation funder Omni Bridgeway, said he believed the 39% figure was based on incomplete data.
Saker said Herbert Smith Freehills had informed his company that the figure had been included in a PowerPoint slide for continuing legal education, it related only to settlement approvals determined by the courts, and it was not authorised for outside use.
Earlier, Mathias said he was not arguing against class actions, but for reform to ensure they remained a vehicle for justice.
We find ourselves in an environment where damages awarded to plaintiffs who have been most wronged is declining, and if you care about access to justice then you would care about the percentages that have been paid out to these people, he said during a hearing conducted via videolink.
James Paterson, the Liberal chair of the parliamentary joint committee on corporations and financial services, repeatedly asked ONeill not to interrupt or reflect on witnesses with the protection of parliamentary privilege.
ONeill told the chair she was happy to discuss the issue offline but I dont want to be berated as a senator of the Australian public by you in front of the media.
Weve got an undergraduate essay that would fail on plagiarism and [is] incorrect, put to us by the Menzies Research Centre - its just not up to standard, she said.
When Mathias attempted to ask his own question of ONeill, she shot back: When you become another young senator for the Liberal party you might be able ask me questions, but at the moment you dont have that opportunity.
When contacted for a response to the criticism of his submission, Mathias said it was astonishing that the Guardian would be siding with foreign backed, super-profitable litigation funders just because it does not like the politics of the MRC
But the shadow attorney general, Mark Dreyfus, said the Liberal party had been humiliated at the first day of its class actions inquiry.
When setting up the inquiry in May, the attorney general, Christian Porter, cited growing concern that the lack of regulation governing the booming litigation funding industry is leading to poor justice outcomes for those who join class actions, expecting to get fair compensation for an injury or loss.
Originally posted here:
Liberal thinktank submission on class actions labelled 'an undergraduate essay that would fail' - The Guardian
- The Conservatives and Liberals refuse to stand on guard - The Globe and Mail - April 27th, 2025 [April 27th, 2025]
- Candidates make final pitch in Canada election with Liberals holding lead - Yahoo - April 27th, 2025 [April 27th, 2025]
- Polls tighten as Canadians head to the polls. Will Liberals pull off the ultimate comeback? - GZERO Media - April 27th, 2025 [April 27th, 2025]
- When equal does not mean the same: Liberals still do not understand their women problem - The Conversation - April 27th, 2025 [April 27th, 2025]
- Federal Election Poll: Liberals poised to win slim majority or minority government - Vancouver Sun - April 27th, 2025 [April 27th, 2025]
- Stories That Show How Modern Liberals Have Lost Their Way - The New York Times - April 27th, 2025 [April 27th, 2025]
- Yes, Kashmir Faces Settler-Colonialism But Not The Kind That Left-Liberals Want You To Believe - Swarajyamag - April 27th, 2025 [April 27th, 2025]
- Liberals on course to take majority of N.S. seats, polls and experts agree - CBC - April 27th, 2025 [April 27th, 2025]
- Red ripple in blue Calgary? Liberals eye record gains in Conservative stronghold - CBC - April 27th, 2025 [April 27th, 2025]
- POLLS: Liberals hold a steady lead, and other poll insights - SooToday.com - April 27th, 2025 [April 27th, 2025]
- Liberals vs. Conservatives: comparing proposed immigration policies ahead of the 2025 election - CIC News - April 27th, 2025 [April 27th, 2025]
- Candidates make final pitch in Canada election with Liberals holding lead By Reuters - Investing.com - April 27th, 2025 [April 27th, 2025]
- Mandryk: Liberals will need more than a few NDP votes to win in Saskatchewan - Regina Leader Post - April 27th, 2025 [April 27th, 2025]
- Mark Carneys Liberals will stand up for British Columbia against President Trump - Liberal Party of Canada - April 27th, 2025 [April 27th, 2025]
- 'Slugging it out': Liberals up by four points ahead of election, poll finds - National Post - April 27th, 2025 [April 27th, 2025]
- Carney tells Assembly of First Nations Liberals are committed to implementing UNDRIP - CBC - April 27th, 2025 [April 27th, 2025]
- The phantom menaces of the Liberals and Conservatives - The Globe and Mail - April 27th, 2025 [April 27th, 2025]
- Mark Carneys Liberals will protect B.C. workers and build Canada Strong - Liberal Party of Canada - April 27th, 2025 [April 27th, 2025]
- First YouGov MRP of 2025 Canadian federal election shows Liberals on track to win a modest majority - YouGov /Research - April 23rd, 2025 [April 23rd, 2025]
- Liberals Vs Conservatives: Where Things Stand In Canada Polls 2025 - NDTV - April 23rd, 2025 [April 23rd, 2025]
- As Canadas Elections Loom, Liberals, Not Trump, Are the Real Danger to the Dominions Sovereignty - The New York Sun - April 23rd, 2025 [April 23rd, 2025]
- Election Writ 4/22: Liberals still favoured after flurry of new polling - The Writ - April 23rd, 2025 [April 23rd, 2025]
- Meet the Conservative populist looking to unseat Canadas Liberals - The Washington Post - April 23rd, 2025 [April 23rd, 2025]
- Liberals and Conservatives fighting for support from centrist voters, poll shows - National Post - April 23rd, 2025 [April 23rd, 2025]
- Letters, April 23: Liberals should thank Trump if they win - Edmonton Sun - April 23rd, 2025 [April 23rd, 2025]
- The fascist moment is here: Have mainstream liberals heard the alarm go off? - Salon.com - April 23rd, 2025 [April 23rd, 2025]
- Mark Carneys Liberals Stand Up to President Trump for Qubec Identity and Economy - Liberal Party of Canada - April 23rd, 2025 [April 23rd, 2025]
- Liberals promise $130B in new spending and no timeline to balance the budget - Yahoo News Canada - April 23rd, 2025 [April 23rd, 2025]
- Bill Maher taunts liberals with 1-word description of himself after Trump dinner - SILive.com - April 23rd, 2025 [April 23rd, 2025]
- What went wrong with the Liberals verification system and what does it mean for the future? - The Globe and Mail - April 23rd, 2025 [April 23rd, 2025]
- Liberals try and recapture Toronto-St. Pauls after byelection loss - CityNews Toronto - April 23rd, 2025 [April 23rd, 2025]
- Mark Carneys Liberals to protect and modernize Canadas public health care system - Liberal Party of Canada - April 23rd, 2025 [April 23rd, 2025]
- John Ivison: Carney takes to showboating as the Liberals savour their comfort zone - National Post - April 23rd, 2025 [April 23rd, 2025]
- Did the Liberals try to strip religious groups of charitable status? - Canada's National Observer - April 23rd, 2025 [April 23rd, 2025]
- Can the teal appeal hold? Liberals targeting Curtin and Goldstein argue independent wave has passed - The Guardian - April 23rd, 2025 [April 23rd, 2025]
- Gilbert: How Wisconsin liberals have made spring elections a nightmare for Republicans - Milwaukee Journal Sentinel - April 23rd, 2025 [April 23rd, 2025]
- Opinion: The Liberals and Tories are so similar, they look like Tweedledum and Tweedledee - The Globe and Mail - April 23rd, 2025 [April 23rd, 2025]
- Liberals to release fully costed platform as election campaign hits the homestretch - CityNews Toronto - April 23rd, 2025 [April 23rd, 2025]
- A case study in groupthink: were liberals wrong about the pandemic? | US politics - The Guardian - April 8th, 2025 [April 8th, 2025]
- Federal election: Conservatives and Liberals are targeting different generations and geographies online - The Conversation - April 8th, 2025 [April 8th, 2025]
- GOP must Musk up, liberals vs. the Constitution and other commentary - New York Post - April 8th, 2025 [April 8th, 2025]
- How to make Trump obey courts? Heres an explosive strategy liberals will love - NJ.com - April 8th, 2025 [April 8th, 2025]
- CT liberals united on combating Trump, but issues remain - Connecticut Public - April 8th, 2025 [April 8th, 2025]
- Liberals 'abundance agenda' takes time to absorb, but it's worth it - The Statehouse File - April 8th, 2025 [April 8th, 2025]
- Liberals win majority of the Wisconsin Supreme Court - CNN - April 8th, 2025 [April 8th, 2025]
- Mark Carney visits Victoria as Liberals try to break into southern Vancouver Island - Vancouver Sun - April 8th, 2025 [April 8th, 2025]
- Liberals hold Wisconsin Supreme Court after campaign shaped heavily by Musk - The 19th News - April 8th, 2025 [April 8th, 2025]
- Mark Carneys Liberals to deliver urgent support to protect Canadian retirees in this global crisis - Liberal Party of Canada - April 8th, 2025 [April 8th, 2025]
- CTV National News: Polling shows tightening race between Liberals and Conservatives - CTV News - April 8th, 2025 [April 8th, 2025]
- Liberals maintain polling lead as campaign nears the halfway point - CBC - April 8th, 2025 [April 8th, 2025]
- Mark Carneys Liberals to protect Canadas Nature, Biodiversity, and Water - Liberal Party of Canada - April 8th, 2025 [April 8th, 2025]
- FIRST READING: The Liberals may have just lost their most winning issue - National Post - April 8th, 2025 [April 8th, 2025]
- Gap between Conservatives and Liberals narrowing in polls - CTV News - April 8th, 2025 [April 8th, 2025]
- LILLEY: The Liberals put Canada in this mess, not Trump - Toronto Sun - April 8th, 2025 [April 8th, 2025]
- How the Liberals picked a fight with another type of woman - AFR - April 8th, 2025 [April 8th, 2025]
- Liberals open their first collaborative health clinic - Yahoo News Canada - April 8th, 2025 [April 8th, 2025]
- Gap between Conservatives and Liberals narrowing in polls - CP24 - April 8th, 2025 [April 8th, 2025]
- Canada Liberals to vote on Trudeau's successor as trade war with US heats up - FRANCE 24 English - March 9th, 2025 [March 9th, 2025]
- The Liberals are on the verge of a remarkable comeback. Theres one thing the new leader must do to clinch a win - Toronto Star - March 9th, 2025 [March 9th, 2025]
- The Liberals Choose a Leader in the Shadow of Trumps Threats - The New York Times - March 9th, 2025 [March 9th, 2025]
- Liberals to turn the page on the Justin Trudeau era as party selects successor - CTV News - March 9th, 2025 [March 9th, 2025]
- Tesla, Inc. (TSLA): Jim Cramer Warns Liberals Arent Buying Their Cars! - Yahoo Finance - March 9th, 2025 [March 9th, 2025]
- Canada Liberals to reveal Trudeaus successor amid trade war with US - The News International - March 9th, 2025 [March 9th, 2025]
- Disgusting, Ugly Liberals Try To Smear Riley Gaines For The Dumbest Reason Possible - Outkick - March 9th, 2025 [March 9th, 2025]
- The Liberals are about to choose the next prime minister. What happens next? - CTV News - March 9th, 2025 [March 9th, 2025]
- Canada's ruling Liberals move on from Trudeau with Trump boost - Reuters - March 7th, 2025 [March 7th, 2025]
- Liberals torch trash Gavin Newsom for launching podcast with Charlie Kirk interview - The Independent - March 7th, 2025 [March 7th, 2025]
- Canadas Liberals were heading into a crushing defeat. Then came Trump. - The Washington Post - March 7th, 2025 [March 7th, 2025]
- Carson Jerema: Free trade is dead. Someone should tell the Liberals - National Post - March 7th, 2025 [March 7th, 2025]
- Austrian liberals' vote removes last obstacle to coalition government - Reuters - March 7th, 2025 [March 7th, 2025]
- Gould hoping progressive Liberals will propel her to party leadership - iPolitics.ca - March 7th, 2025 [March 7th, 2025]
- Liberals torch trash Gavin Newsom for launching podcast with Charlie Kirk interview - AOL - March 7th, 2025 [March 7th, 2025]
- Opposition PCs hammer NL Liberals on health cuts to hit savings goal - SaltWire N.L. powered by The Telegram - March 7th, 2025 [March 7th, 2025]
- Gavin Newsom splits from California liberals and condemns transgender athletes in women's sport in chat with C - Daily Mail - March 7th, 2025 [March 7th, 2025]
- Analysis-Canada's ruling Liberals move on from Trudeau with Trump boost - MSN - March 7th, 2025 [March 7th, 2025]
- An Emotional Torture Chamber for Liberals: 3 Writers on Trumps First Month - The New York Times - March 1st, 2025 [March 1st, 2025]
- What conservative women know and liberals don't about happiness | Opinion - USA TODAY - March 1st, 2025 [March 1st, 2025]
- What conservative women know and liberals don't about happiness | Opinion - Institute for Family Studies - March 1st, 2025 [March 1st, 2025]
- Liberals', conservatives' trust in US government's use of digital health data diverged during COVID - University of Minnesota Twin Cities - March 1st, 2025 [March 1st, 2025]
- The changing face of gun ownership... Liberals reveal the bold reasons they're taking up arms - Daily Mail - March 1st, 2025 [March 1st, 2025]