Litigants in the Federal System Will Need to Take Genuine Steps to Resolve Disputes before Embarking on Litigation

If a bill recently introduced into federal parliament becomes law, any party wishing to pursue litigation in the federal civil justice system in Australia will need to file a statement with the court which sets out the 'genuine steps' that have been taken in an attempt to resolve the dispute prior to commencement of proceedings. The bill, which will apply to most proceedings in the Federal Court and Federal Magistrates Court, provides consequences for parties, and their lawyers, who fail to take the necessary 'genuine steps', particularly when it comes to the question of who should pay the costs of the proceedings.

This article discusses the proposed new requirements and asks whether they will change the adversarial culture of disputes, as claimed, or merely become another procedural step adding to the cost of litigation.