Key Points:
The Federal Court will take non-compliance with the
Civil Dispute Resolution Act into account when exercising its
existing case management powers in relation to the proceedings, and
also in exercising its discretion as to costs.
Justice Reeves has published the first substantive consideration
of the "genuine steps" requirement under the Civil
Dispute Resolution Act 2011 (Cth), and how that legislation fits
within the Federal Court's previously existing powers, in
Superior IP International Pty Ltd v Ahearn Fox Patent and Trade
Mark Attorneys [2012] FCA 282.
He emphasised that the small amount at stake and the approach
adopted by the lawyers on both sides, coupled with the parties'
shared failure to take "genuine steps", did not justify
the use of the Court's resources in hearing the matter. The
consequence was remedial action, and professional conduct
reporting, against the lawyers on both sides.
