The Need To Take Genuine Steps To Resolve Disputes Before Litigation In Federal Courts

Parties involved in civil disputes are being encouraged to resolve their disputes outside the federal court system under a Bill which had its Second Reading in the now dissolved 42nd Parliament on 16 June 2010. The Civil Dispute Resolution Bill 2010 (Cth) (Bill), introduced by the Attorney-General, the Hon Robert McClelland MP, seeks to ensure that parties take "genuine steps" to resolve a civil dispute before proceedings are commenced in the Federal Court of Australia or the Federal Magistrates Court. It should be noted that the Bill lapsed on 19 July 2010 following the dissolution of the House of Representatives. However, as the Bill may still become legislation with the return of the existing government it continues to remain relevant as it could be reintroduced once the new Parliament is convened. This article outlines some of its key features.