Model Litigant Policy for Civil Litigation
Introduction
1.1 This Policy has been endorsed by Cabinet to assist in maintaining proper standards in
litigation and the provision of legal services in NSW. This Policy is a statement of
principles. It is intended to reflect the existing law and is not intended to amend the law
or impose additional legal or professional obligations upon legal practitioners or other
individuals.
1.2 This Policy applies to civil claims and civil litigation (referred to in this Policy as litigation),
involving the State or its agencies including litigation before courts, tribunals, inquiries
and in arbitration and other alternative dispute resolution processes.
1.3 Ensuring compliance with this Policy is primarily the responsibility of the Chief Executive
Officer of each individual agency in consultation with the agency’s principal legal officer.
In addition, lawyers, whether in-house or private, are to be made aware of this Policy and
its obligations.
1.4 Issues relating to compliance or non-compliance with this Policy are to be referred to
the Chief Executive Officer of the agency concerned.
1.5 The Chief Executive Officer of each agency may issue guidelines relating to the
interpretation and implementation of this Policy.
1.6 This Policy supplements but does not replace existing Premier’s Memoranda relating
to Government litigation, in particular Premier’s Memoranda nos. 94-25, 97-26, and
95-39.
The obligation
2. The State and its agencies must act as a model litigant in the conduct of litigation.
Nature of the obligation
3.1 The obligation to act as a model litigant requires more than merely acting honestly
and in accordance with the law and court rules. It also goes beyond the requirement
for lawyers to act in accordance with their ethical obligations. Essentially it requires
that the State and its agencies act with complete propriety, fairly and in accordance
with the highest professional standards.
3.2 The obligation requires that the State and its agencies, act honestly and fairly in
handling claims and litigation by:
a) dealing with claims promptly and not causing unnecessary delay in the
handling of claims and litigation;