Settling Victorian Disputes Early: English Tactics Avoid The Ruck And Maul

Article by Ms Bronwyn Lincoln and Ms Joanna Harris

How often does a practitioner come across a litigant who is satisfied with the time and cost that it takes to obtain a resolution of their dispute in the court system? Not often. The chances are that most litigants (and their solicitors) would not be adverse to a move that would encourage early settlement of disputes. The encouragement of early dispute resolution has been a focus in various jurisdictions for some time and this article considers, in light of reforms of civil procedure in England (known as the Woolf reforms), whether settlement of disputes could be facilitated in Victoria by the exchange of information and documentation before proceedings are even issued.