Public Interest Projects
In addition to the thematic priority areas and working groups PILCH also undertakes work on discrete public interest projects. A brief description of some of the projects PILCH is currently engaged in are provided below.
Costs in Public Interest Cases
In its role as a pro bono legal referral service for public interest cases, PILCH has observed that many meritorious public interest matters are not ultimately pursued because of the risk of an adverse costs order. In this way, the costs regime acts as a disincentive to public interest litigation, particularly for marginalised and disadvantaged people.
Courts in other jurisdictions have been prepared to make orders protecting public interest litigants against adverse costs orders. The orders are described as ‘protective costs orders’ (PCOs) and may include orders that: a party will not be exposed to an order for costs if it loses at trial; the amount of costs that a party will be required to pay if it loses at trial will be capped at a certain amount; or there will be no order for costs whatever the outcome of the trial.
Australia does not have any specific public interest costs regime and PILCH believes that the legislature should intervene and confirm the courts’ jurisdiction to make PCOs and clarify what factors are relevant to the discretion to make such an order in public interest matters.
PILCH is undertaking a law reform campaign in relation to PCOs.
Further details will be made available here as the project progresses.
SLAPP Writs
SLAPP Writs, short for strategic litigation against public participation, are a form of lawsuit which is seemingly on the rise in Australia. This type of action is commonly brought by corporations with an intention of intimidating and silencing protestors, activist organisations, journalist, newspapers, publishers and outspoken individuals who voice issues of public interest or concern. Defendants to SLAPP writs experience both financial and emotional hardship often being unable to afford legal representation to defend the charges against them.
Despite the introduction of uniform defamation legislation in 2006, SLAPP writs represent a real and continuing threat to public debate in Australia. Currently, there is no Australian jurisdiction with anti-SLAPP writ legislation.
PILCH is currently involved in a law reform project seeking the introduction of public participation legislation specifically aimed at empowering the courts to summarily dismiss proceedings which are brought or maintained for an improper purpose.
Further details will be made available here as the project progresses.