Happy 1st Birthday to the new ADR regime: is it working?

The Civil Dispute Resolution Act: old dog - new tricks?

The Civil Dispute Resolution Act 2011 (Cth) (the Act) came into force on 1 August 2011. Now that the regime has celebrated its first birthday we can ask: is it working?

The Act promised to “ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted” in the Australian Federal Court or the Federal Magistrates Court (section 3).

Under the Act:

1. A party commencing proceedings has to file a “genuine steps” statement that states:
1. what steps have been taken to resolve the issues in dispute; or
2. why no such steps were taken e.g. the urgency of the proceedings.