NSW Government Targets Predatory Practice of Claim Farming

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This newly proposed legislation aims to achieve three core objectives:

1. Ban individuals from contacting others to induce them into making compensation claims.
2. Prohibit the buying or selling of claim referrals.
3. Forbid lawyers convicted under these offences from charging legal fees related to the claim and mandate refunds of any received costs.

Claim farmers are known to acquire personal information without consent to make unsolicited contacts, often using coercive tactics like harassment and intimidation. Such practices inflict considerable distress on victim-survivors, pushing them to file claims under duress.

Additionally, these claim farmers typically demand referral fees from law firms or other claim farming entities, frequently making misleading promises regarding legal entitlements that may not serve the claimants' best interests.

The introduction of this bill specifically targets claim farming activities related to personal injury claims under the Civil Liability Act 2002, and cases arising from intentional torts. These legal areas include serious injuries, medical negligence, and acts such as child abuse and assault.

Despite these new measures, existing offences such as fraud remain applicable alongside the new bill. Under current laws, deceiving for a financial advantage can result in a maximum sentence of 10 years in prison.

Importantly, this legislative move will not hinder abuse survivors from pursuing valid compensation claims; they can still seek legal assistance by directly contacting lawyers.

The Attorney General, Michael Daley, expressed the government's intent: highlighting the troubling nature of profiting from vulnerable groups, particularly child sexual abuse survivors. The government's response underscores their commitment to addressing community concerns and curtailing this harmful practice.

Published:Friday, 28th Mar 2025
Source: Paige Estritori

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