Litigiousness in Australia: Lessons from comparative law

Leon Wolff

Research output: Contribution to journalArticleResearchpeer-review

Abstract

How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to drawlessons from this literature for both understanding litigiousness in modern
Australia and framing future research projects on the issue.
Original languageEnglish
Pages (from-to)271-289
Number of pages19
JournalDeakin Law Review
Volume18
Issue number2
DOIs
Publication statusPublished - 2013

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Law
judiciary
popular culture
legal system
mass media
insurance
jurisdiction
public policy
justice
Japan
anxiety
industry
literature

Cite this

Wolff, Leon. / Litigiousness in Australia : Lessons from comparative law. In: Deakin Law Review. 2013 ; Vol. 18, No. 2. pp. 271-289.
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Litigiousness in Australia : Lessons from comparative law. / Wolff, Leon.

In: Deakin Law Review, Vol. 18, No. 2, 2013, p. 271-289.

Research output: Contribution to journalArticleResearchpeer-review

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