Despite being left out of the debate until now, Australia’s leading legal minds are now being recruited to give their advice on possible solutions to the public liability crisis.

The decision to create a role for them was taken at the recent ministerial summit in public liability. State and Federal ministers decided the obvious: that tort law reform should involve an expert panel of three eminent legal experts.

The panel will examine the detailed operation of the law of negligence, a task that was beyond the scope of the report developed by actuaries Trowbridge. That report said there had been a shift in the definition of negligence in recent years but made no recommendations on how to reform this area of law. After all, they’re not a law firm.

Although the panel still hasn’t been finalised, it’s expected to comprise retired judges and legal academics. Former High Court Chief Justice Sir Harry Gibbs and newly retired Queensland appeals judge James Thomas are two of those said to be under consideration. They’re both regarded as strong supporters of tort law reform.

After retiring in March, Mr Thomas said part of the blame for the insurance crisis could be put on the nation’s judges, who he accused of “playing Santa Claus”.   

The decision on who comprises the panel is expected early as next week.