The introduction of pre-litigation dispute resolution requirements to the Civil Procedure Act

PART 1: THE INTRODUCTION OF PRE-LITIGATION DISPUTE RESOLUTION REQUIREMENTS

In Brief

The NSW Parliament has passed amendments to the Civil Procedure Act 2005 (CPA) which will have a significant impact on the conduct of civil litigation in NSW.¹

Background

The Courts and Crimes Legislation Further Amendment Act 2010 (Act) contains important amendments to the CPA. The Courts and Crimes Legislation Further Amendment Bill 2010 (Bill) was introduced to Parliament on 24 November 2010 and was passed on 30 November 2010.

The Act introduces a regime of compulsory pre-litigation dispute resolution with an emphasis on resolving, or narrowing the issues in dispute prior to the commencement of civil proceedings. Section 56 of the CPA has been amended to require that a party to a civil dispute or civil proceedings is under a duty to take reasonable steps to resolve or narrow the issues in dispute.²