How do I assign a claim or cause of action?

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • How do I assign a claim or cause of action?
  • How to assign a claim or cause of action—legal or equitable assignment?
  • Legal assignment
  • Equitable assignment
  • Drafting an assignment of a cause of action or claim
  • Privilege issues when assigning claims
  • Timing—at what point can you assign a cause of action?
  • Assigning claims that no longer exist or don't yet exist
  • What loss can the assignee recover?
  • Assigning causes of action—litigation costs consequences
  • More...

How do I assign a claim or cause of action?

This Practice Note considers how you may assign a claim or cause of action in law or in equity, including the specific issues to consider when drafting the assignment, such as recoverable losses and costs liability post-assignment.

For guidance on when you may assign a claim or cause of action, see Practice Note: In what circumstances can you assign a claim or cause of action?

Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as ‘...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person’ (Letang v Cooper) and a claim as the formal assertion of a cause of action by a claimant against a defendant. In the authorities, the phrases 'assigning a cause of action' and 'assigning a claim' are sometimes used interchangeably. For the purposes of this Practice Note, unless the context indicates otherwise, we refer to:

  1. assigning ‘causes of action’ when considering whether the assignment of causes of action/claims is permissible, as well as the assignment of causes of action/claims before proceedings have been commenced, and

  2. assigning ‘claims’ in respect of the assignment of claims post-commencement of proceedings

How to assign a claim or cause of action—legal or equitable assignment?

A claim

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