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ARTICLE · 21 APRIL 2011

Genuine steps before going to court

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On 24 March 2011 the Australian Parliament passed the Civil Dispute Resolution Bill 2011, which will require prospective litigants to take genuine steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. Once the Bill receives Royal Assent, it will become the Civil Dispute Resolution Act 2011 (Cth).

AustraliaLitigation, Mediation & Arbitration
Georgina King
Georgina King
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On 24 March 2011 the Australian Parliament passed the Civil Dispute Resolution Bill 2011, which will require prospective litigants to take genuine steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. Once the Bill receives Royal Assent, it will become the Civil Dispute Resolution Act 2011 (Cth).

Purpose of the Civil Dispute Resolution Act

The new legislation seeks to ensure that wherever possible, disputes between parties are completely resolved before court proceedings have commenced. Parliament's Explanatory Memorandum states that the Bill "encourages the resolution of civil disputes outside of the courts and seeks to improve access to justice by focusing parties and their lawyers on the early resolution of disputes."

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