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Planned Litigation: Should It Play a Greater Role in Human Rights Litigation in Australia?


Scott Calnan

Planned litigation is a form of litigation used by human rights organisations around the world. However, the full scope of this method is not widely known in Australia. This article outlines the full scope of what is known overseas as planned litigation. It also undertakes a preliminary review of litigation in the High Court by Australian human rights organisations and finds both that there are some indications of a lack of success in such litigation and that there is little evidence of the use of planned litigation. It then argues that its outline of the details of planned litigation along with such preliminary data forms a basis to begin a discussion in Australia about whether Australian human rights organisations should experiment with greater elements of planned litigation. Finally, it outlines ways in which planned litigation might improve the effectiveness of High Court litigation by Australian human rights organisations and factors that might affect the viability of such a use of planned litigation.

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