MAINTENANCE AND CHAMPERTY
622. Hon DONNA FARAGHER to the parliamentary secretary
representing the Attorney General:
I ask this question on behalf of
Hon Nick Goiran who is away on urgent parliamentary business. I refer to the
torts of maintenance and champerty.
(1) Is the Attorney General aware
of the Law Reform Commission's latest report on this issue?
(2) Will he table the report in
this house?
(3) Are there any of the report's
recommendations that the government does not intend to implement?
(4) If yes to (3), which ones?
(5) Will he table the most recent briefing note or any
similar document that he has received relating to this report?
Hon
MATTHEW SWINBOURN replied:
I thank the member for some notice
of the question asked on behalf of Hon Nick Goiran.
Hon Alannah MacTiernan: And
for correctly pronouncing that very difficult word!
Hon Donna Faragher: What can
I say!
Hon MATTHEW SWINBOURN: I cannot
guarantee that I will continue to pronounce it correctly.
I provide the following answer on
behalf of the Attorney General.
(1)–(2) The Attorney General tabled the Law Reform
Commission of Western Australia's final report, Project 110
final report: maintenance and champerty in Western
Australia in the Legislative
Assembly on 11 August 2021. Due to an
oversight, this report has not been tabled in the Legislative Council. I apologise
for this oversight and I table the report now.
[See paper 509.]
(3)–(4) The
honourable member may be aware that recommendation 1 of the project 110 final
report will be implemented through the Civil
Procedure (Representative Proceedings) Bill 2021, which was introduced in
the other place on 18 August 2021.
Recommendations 2 and 3 are under consideration by government and these
considerations will be influenced by whether the Civil Procedure
(Representative Proceedings) Bill is passed by Parliament.
(5) The Attorney
General has not received a recent briefing note or similar document relating to
this report.