This article has been updated following the commencement of the
provisions in the Civil Law and Justice Legislation Amendment
Act 2017 (Cth).
On 25 October 2018, the Civil Law and Justice Legislation
Amendment Act 2018 (Cth) (Act) received
assent. This Act has been a long time coming, with the bill having
been introduced and read in the Senate for the first time in March
2017. It was not until September 2018 when the Senate agreed to the
third reading before the bill made its way to the House of
Representatives, where it finally passed both houses on 17 October
2018. The provisions relating to the International Arbitration
Act 1974 (Cth) (IAA) commenced on 26 October
2018.
The object of the Act is to 'make minor and technical
amendments to civil justice legislation' and it amends various
Commonwealth legislation including the IAA. A closer inspection of
the amendments to the IAA reveals that they are anything but
'minor and technical'.
