13th May 2020, 6:04 PM – Representatives Committees - Corporations and Financial Services Committee - Banking, superannuation and financial services
Summary
Editthe majority voted in favour of disagreeing with an amendment introduced by Whitlam MP Stephen Johnson, which means the amendment failed.
Amendment text
That all words after "7 December 2020" be omitted with a view to substituting the following words:
"whether the government has acted too slowly in implementing the recommendations of the royal commission into misconduct in the banking, superannuation and financial services industry".
Original motion text
That the following matter be referred to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 7 December 2020:
Whether the present level of regulation applying to Australia's growing class action industry is impacting fair and equitable outcomes for plaintiffs, with particular reference to the following:
(1) what evidence is available regarding the quantum of fees, costs and commissions earned by litigation funders and the treatment of that income;
(2) the impact of litigation funding on the damages and other compensation received by class members in class actions funded by litigation funders;
(3) the potential impact of proposals to allow contingency fees and whether this could lead to less financially viable outcomes for plaintiffs;
(4) the financial and organisational relationship between litigation funders and lawyers acting for plaintiffs in funded litigation and whether these relationships have the capacity to impact on plaintiff lawyers' duties to their clients;
(5) the Australian financial services regulatory regime and its application to litigation funding;
(6) the regulation and oversight of the litigation funding industry and litigation funding agreements;
(7) the application of common fund orders and similar arrangements in class actions;
(8) factors driving the increasing prevalence of class action proceedings in Australia;
(9) what evidence is becoming available with respect to the present and potential future impact of class actions on the Australian economy;
(10) the effect of unilateral legislative and regulatory changes to class action procedure and litigation funding;
(11) the consequences of allowing Australian lawyers to enter into contingency fee agreements or a court to make a costs order based on the percentage of any judgment or settlement;
(12) the potential impact of Australia's current class action industry on vulnerable Australian business already suffering the impacts of the COVID-19 pandemic;
(13) evidence of any other developments in Australia's rapidly evolving class action industry since the Australian Law Reform Commission's inquiry into class action proceedings and third-party litigation funders; and
(14) any matters related to these terms of reference.
Votes Passed by a small majority
Nobody rebelled against their party.
Party | Votes | |
---|---|---|
Adam Bandt Melbourne Australian Greens | No | |
Australian Labor Party (40% turnout) | 0 Yes – 27 No | |
Anne Aly Cowan | No | |
Chris Bowen McMahon | No | |
Tony Burke Watson | No | |
Mark Butler Hindmarsh | No | |
Terri Butler Griffith | No | |
Jason Clare Blaxland | No | |
Libby Coker Corangamite | No | |
Julie Collins Franklin | No | |
Mark Dreyfus Isaacs | No | |
Joel Fitzgibbon Hunter | No | |
Mike Freelander Macarthur | No | |
Patrick Gorman Perth | No | |
Chris Hayes Fowler | No | |
Julian Hill Bruce | No | |
Stephen Jones Whitlam | No | |
Catherine King Ballarat | No | |
Andrew Leigh Fenner | No | |
Richard Marles Corio | No | |
Emma McBride Dobell | No | |
Peta Murphy Dunkley | No | |
Amanda Rishworth Kingston | No | |
Joanne Ryan Lalor | No | |
Bill Shorten Maribyrnong | No | |
David Smith Bean | No | |
Meryl Swanson Paterson | No | |
Matt Thistlethwaite Kingsford Smith | No | |
Tim Watts Gellibrand | No | |
Anthony Albanese Grayndler | Absent | |
Sharon Bird Cunningham | Absent | |
Linda Burney Barton | Absent | |
Josh Burns Macnamara | Absent | |
Anthony Byrne Holt | Absent | |
Jim Chalmers Rankin | Absent | |
Nick Champion Spence | Absent | |
Lisa Chesters Bendigo | Absent | |
Sharon Claydon Newcastle | Absent | |
Pat Conroy Shortland | Absent | |
Milton Dick Oxley | Absent | |
Justine Elliot Richmond | Absent | |
Steve Georganas Adelaide | Absent | |
Andrew Giles Scullin | Absent | |
Luke Gosling Solomon | Absent | |
Ed Husic Chifley | Absent | |
Ged Kearney Cooper | Absent | |
Matt Keogh Burt | Absent | |
Peter Khalil Wills | Absent | |
Madeleine King Brand | Absent | |
Brian Mitchell Lyons | Absent | |
Rob Mitchell McEwen | Absent | |
Daniel Mulino Fraser | Absent | |
Shayne Neumann Blair | Absent | |
Brendan O'Connor Gorton | Absent | |
Clare O'Neil Hotham | Absent | |
Julie Owens Parramatta | Absent | |
Alicia Payne Canberra | Absent | |
Graham Perrett Moreton | Absent | |
Fiona Phillips Gilmore | Absent | |
Tanya Plibersek Sydney | Absent | |
Michelle Rowland Greenway | Absent | |
Warren Snowdon Lingiari | Absent | |
Anne Stanley Werriwa | Absent | |
Susan Templeman Macquarie | Absent | |
Kate Thwaites Jagajaga | Absent | |
Maria Vamvakinou Calwell | Absent | |
Anika Wells Lilley | Absent | |
Josh Wilson Fremantle | Absent | |
Tony Zappia Makin | Absent | |
Rebekha Sharkie Mayo Centre Alliance | Absent | |
Mark Coulton Parkes Deputy Speaker | Absent | |
Helen Haines Indi Independent | Yes | |
Zali Steggall Warringah Independent | Yes | |
Andrew Wilkie Clark Independent | No | |
Bob Katter Kennedy Katter's Australian Party | Yes | |
Liberal National Party (25% turnout) | 1 Yes – 0 No | |
Julian Simmonds Ryan | Yes | |
Angie Bell Moncrieff | Absent | |
Phillip Thompson Herbert | Absent | |
Terry Young Longman | Absent | |
Liberal Party (50% turnout) | 28 Yes – 0 No | |
Karen Andrews McPherson | Yes | |
Scott Buchholz Wright | Yes | |
Peter Dutton Dickson | Yes | |
Paul Fletcher Bradfield | Yes | |
Nicolle Flint Boothby | Yes | |
Josh Frydenberg Kooyong | Yes | |
Celia Hammond Curtin | Yes | |
Greg Hunt Flinders | Yes | |
Craig Kelly Hughes | Yes | |
Andrew Laming Bowman | Yes | |
Sussan Ley Farrer | Yes | |
Gladys Liu Chisholm | Yes | |
Nola Marino Forrest | Yes | |
Fiona Martin Reid | Yes | |
Melissa McIntosh Lindsay | Yes | |
John McVeigh Groom | Yes | |
Christian Porter Pearce | Yes | |
Rowan Ramsey Grey | Yes | |
Stuart Robert Fadden | Yes | |
Dave Sharma Wentworth | Yes | |
Michael Sukkar Deakin | Yes | |
Angus Taylor Hume | Yes | |
Dan Tehan Wannon | Yes | |
Alan Tudge Aston | Yes | |
Bert Van Manen Forde | Yes | |
Lucy Wicks Robertson | Yes | |
Jason Wood La Trobe | Yes | |
Ken Wyatt Hasluck | Yes | |
John Alexander Bennelong | Absent | |
Katie Allen Higgins | Absent | |
Kevin Andrews Menzies | Absent | |
Bridget Archer Bass | Absent | |
Russell Broadbent Monash | Absent | |
David Coleman Banks | Absent | |
Vince Connelly Stirling | Absent | |
Warren Entsch Leichhardt | Absent | |
Trevor Evans Brisbane | Absent | |
Jason Falinski Mackellar | Absent | |
Ian Goodenough Moore | Absent | |
Andrew Hastie Canning | Absent | |
Alex Hawke Mitchell | Absent | |
Luke Howarth Petrie | Absent | |
Steve Irons Swan | Absent | |
Julian Leeser Berowra | Absent | |
Scott Morrison Cook | Absent | |
Ben Morton Tangney | Absent | |
Ted O'Brien Fairfax | Absent | |
Tony Pasin Barker | Absent | |
Gavin Pearce Braddon | Absent | |
Melissa Price Durack | Absent | |
James Stevens Sturt | Absent | |
Ross Vasta Bonner | Absent | |
Andrew Wallace Fisher | Absent | |
Rick Wilson O'Connor | Absent | |
Tim Wilson Goldstein | Absent | |
Trent Zimmerman North Sydney | Absent | |
National Party (47% turnout) | 7 Yes – 0 No | |
Darren Chester Gippsland | Yes | |
Pat Conaghan Cowper | Yes | |
Damian Drum Nicholls | Yes | |
Kevin Hogan Page | Yes | |
David Littleproud Maranoa | Yes | |
Michael McCormack Riverina | Yes | |
Anne Webster Mallee | Yes | |
George Christensen Dawson | Absent | |
Andrew Gee Calare | Absent | |
David Gillespie Lyne | Absent | |
Barnaby Joyce New England | Absent | |
Michelle Landry Capricornia | Absent | |
Llew O'Brien Wide Bay | Absent | |
Ken O'Dowd Flynn | Absent | |
Keith Pitt Hinkler | Absent | |
Tony Smith Casey Speaker | Absent | |
Totals (45% turnout) | 39 Yes – 29 No |
Turnout is the percentage of members eligible to vote that did vote.