Bringing about a new legal system is a complex task. It requires constructive collaboration with national actors, and we support parliaments to ensure that the process is inclusive and that reforms are aligned with international rule of law standards.
Our work ranges from rewriting laws to improving the delivery of justice. It includes introducing the risk-based system of bail to replace the outdated ability-to-pay system; modernizing the Telephone Consumer Protection Act (TCPA) to prevent trial lawyers from using broad language in it to file frivolous lawsuits; combating the multibillion Third Party Litigation Funding industry here and abroad; and spotlighting the problems that arise when municipalities team up with private attorneys to bring mass and class action litigation.
When an area of the law is considered for reform, the ALRC publishes a Consultation Documentation or Scoping Paper and invites submissions from stakeholders and members of the public. The process differs depending on the scope and intricacy of the laws being reviewed and the time available to undertake the review.
Structural changes in law often occur in a ragged and chaotic way. For example, a newly constituted Supreme Court might be happy that the number of seats has been expanded to include judges whose judicial philosophies more closely align with its political objectives. But that happiness will be fleeting. Once control of the political branches switches hands, the other side will be happy to reverse those decisions, and the process will begin anew.