Project 110 - Maintenance and Champerty in Western Australia

Terms of Reference

The Law Reform Commission of Western Australia is to provide advice and make recommendations for consideration by the Government as to whether the torts of maintenance and champerty should be abolished or whether the law in relation to their operation should be otherwise modified in Western Australia and any consequential amendments, including:

1. whether a statutory provision is required to preserve the rule that contracts giving effect to arrangements for maintenance and champerty are void and/or illegal as being contrary to public policy;
2. strategies for mitigating the adverse impacts, if any, of abolishing the torts; and
3. any other related matter.

Outcomes

The Final Report was tabled in Parliament on 11 August 2021.