Notes

[1] Law Reform Commission of Western Australia, Review of the Civil and Criminal Justice System - Final Report (Perth: Law Reform Commission of Western Australia, 1999)

[2] The West Australian, 28 October 1999, 1,1.

[3] This issue was considered and rejected by the South African Law Reform Commission, in part for these reasons: South African Law Reform Commission, Report on Speculative and Contingency Fees Project 9

[3] (South Africa: The South African Law Reform Commission, 1996), para 4.86.

[4] Ibid.

[5] Australian Law Reform Commission Review of Adversarial System of Litigation: Rethinking the Federal Civil Litigation System Issues Paper 20 para 12.50.

[6] Law Reform Commission of Western Australia, Review of the Civil and Criminal Justice System - Consultation Draft (Perth: Law Reform Commission of Western Australia, 1999), Costs, 28.

[7] South African Law Reform Commission, above n3, para 4.89.

[8] South African Law Reform Commission, above n3, para 4.89.

[9] Access to Justice Advisory Committee, Access to Justice: An Action Plan (Canberra: Australian Govt. Pub. Service, 1994), Action 6.2.

[10] T Schneyer, "Legal-Process Contraints on the Regulation of Lawyers' Contingent Fee Contracts" (1998) 47 DePaul Law Review 371, 410.

[11] Ibid.

[12] K Clermont & J Currivan, "Improving on the Contingent Fee", (1978) 63 Cornell L. Rev 529, 536, 581.

[13] Law Reform Commission of Western Australia, Review of the Civil and Criminal Justice System - Final Report (Perth: Law Reform Commission of Western Australia, 1999) Civil System - Costs, Recommendation 143.

[14] Ibid, Recommendation 144.

[15] T Schneyer, above n10, 395.

[16] 686 P.2d 1236 (Ariz. 1984).

[17] In re Swartz 686 P2d 1236 (Ariz. 1984), 1238.

[18] Ibid, 1244.

[19] T Schneyer, above n10, 395.

[20] Ibid.

[21] Attorney-General's Department, The Justice Statement (Canberra: Office of Legal Information and Publishing, 1995) 49.

[22] South African Law Reform Commission, above n3, para 4.101.