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ARTICLE · 04 AUGUST 2011

Genuine steps in the right direction? The Civil Dispute Resolution Act 2011

Clayton Utz
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Outline of Civil Dispute Resolution Act 2011 which commenced on 1 August 2011.

AustraliaInsurance
Karen Ingram
Karen Ingram
Michael Chan
Michael Chan
Julia Virgo
Julia Virgo
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The Civil Dispute Resolution Act 2011 commenced on 1 August 2011. It applies to proceedings in the Federal Court and the Federal Magistrates Court.

Similar to  legislative changes made in other jurisdictions, such as NSW, the object of the Act is to promote a cultural shift away from litigation by encouraging parties to take "genuine steps" to resolve their disputes before filing proceedings in court.

Genuine Steps Statements

Specifically, the Act requires:

  • an applicant who is commencing proceedings to file a "genuine steps statement" at the time of filing their originating application, listing the steps taken to try to resolve the dispute prior to filing, or the reasons why no steps were taken; and

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