Access to Justice for Small Amount Claims in the Consumer Marketplace : Lessons from Australia

This paper addresses the problem of small amounts claims in the marketplace for consumer goods and services. The small amounts claims problem arises from what is in effect a denial of access to justice, a right to which all members of a democratic society are entitled. A rationale is offered for a broad definition of ‘justice’ in the consumer marketplace. The effectiveness of Australian measures to address access to justice is outlined including the operation of the ‘supertribunal’ approach as exemplified by the Victorian Civil and Administrative Tribunal. This is approach is contrasted with Ontario’s ‘clusters’ approach to dealing with inefficiencies arising from a proliferation of tribunals. The operation and effectiveness of the industry-funded Financial Ombudsman Scheme to protect consumers receiving financial services advice is examined. Finally, the operation of litigation funding in Australia is examined along with its impact on providing access to justice for a wider group of consumers