Submission on the Credit Contracts & Consumer Finance Amendment Bill 137-1
Maxim Institute’s submission warns that the Bill’s retrospective provisions directly impact an active class action, undermine core principles of the rule of law, threaten the separation of powers, and weaken consumer access to justice. The risks this provision seeks to mitigate could be addressed without setting a dangerous legal precedent or disadvantaging those involved in the current class action. We urge the Select Committee to limit the retrospective effect so that all amendments apply only to future litigation, and to safeguard ongoing proceedings by expressly preserving the status of any disputes or class actions commenced before the Bill’s passage.