Public Interest Litigation: Making the Case in Australia

Alternative Law Journal, Vol. 38, No. 4, pp. 219-233

ANU College of Law Research Paper No. 14-31

5 Pages Posted: 26 Sep 2014

See all articles by Andrea Durbach

Andrea Durbach

University of New South Wales (UNSW) - UNSW Law & Justice

Luke McNamara

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA)

Simon Rice

Professor of Law, The University of Sydney Law School, University of Sydney, NSW, Australia – Australian Discrimination Law Experts Group

Mark Rix

University of Wollongong - School of Management, Operations and Marketing

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Date Written: September 23, 2014

Abstract

Litigation is widely and appropriately recognised as an important component of the public interest advocacy ‘toolkit’. Yet little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (‘PIL’) an effective way to bring about progressive social change? Informed by a review of the international literature on PIL, the authors argue for the importance of drawing on Australia’s rich history with PIL to develop a solid empirical evidence base which can inform future decisions about the strategic employment of PIL in campaigns to address the concerns and needs of disadvantaged and marginalised sections of Australian society.

Suggested Citation

Durbach, Andrea and McNamara, Luke and Rice, Simon and Rix, Mark, Public Interest Litigation: Making the Case in Australia (September 23, 2014). Alternative Law Journal, Vol. 38, No. 4, pp. 219-233, ANU College of Law Research Paper No. 14-31, Available at SSRN: https://ssrn.com/abstract=2500033

Andrea Durbach

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Luke McNamara

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA) ( email )

Fairymeadow, Northfields Ave
Building 19
Wollongong, New South Wales 2522
Australia

Simon Rice (Contact Author)

Professor of Law, The University of Sydney Law School, University of Sydney, NSW, Australia – Australian Discrimination Law Experts Group ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Mark Rix

University of Wollongong - School of Management, Operations and Marketing ( email )

Building 40
Northfields Avenue
Wollongong, 2522
Australia

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