Nick Xenophon (SA, Nick Xenophon Team) Share this | Hansard source

Here's an opportunity to amend the bill now. Here's an opportunity to progress this issue now. It is an opportunity that will make a difference to access to justice.

With respect to Senator Cormann, in terms of his comments, this is not about belligerent litigation tactics. I have a tiny law firm that knows a bit about litigation, and the biggest single impediment for small businesses to take on a big corporation is the adverse cost orders. The biggest single impediment for a small business to defend itself in a case, even where it could be meritorious in terms of their defence, is the cost orders that will crush them. Often, if there is some small element of risk, they will try and resolve the case, because the consequence of losing the case could be that their business would be destroyed or go into liquidation or that they would be personally bankrupted. The belligerent litigation tactics come from those with very deep pockets.

I have been talking about issues of access to justice for a number of years. Senator Gallagher has done terrific work on this, and none of that should be taken away from her or her colleagues who put up this bill that I am very pleased to support.

On the issue of a cost waiver, there has to be a public interest requirement. The cost waiver is one that will be used only in public interest cases. This won't open the courts to a flood of litigation, but it will open the courts to real access to justice for those who need it most. That's why I support this amendment.