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;