The year saw a positive trend of courts reverting to a stricter
interpretation of civil liability legislation; a development that
may give litigants greater certainty regarding the application of
the law. There was a decrease in overall filings of initiating
processes in all courts, but a notable increase in claims for
compensation arising out of public liability incidents.
In New South Wales, the proposed amendments to Part 2A of the
Civil Liability Act 2002 (NSW) (CLA), requiring parties to
take reasonable steps to resolve disputes before they commence
court proceedings, have been postponed for 18 months. The
amendments, requiring parties to engage with one another in order
to narrow or resolve a dispute before commencing proceedings, have
been postponed in order to enable the success of similar provisions
commenced in the Federal Court to be monitored.
