New Bill focusses on early resolution of civil disputes

16/06/2010

The Australian Government has introduced the Civil Dispute Resolution Bill 2010. The object of the Bill, as provided by the explanatory memorandum is "to ensure that, as far as possible, parties take ‘genuine steps’ to resolve a civil dispute before proceedings are commenced in the Federal Court or the Federal Magistrates Court. When commencing proceedings in a court, parties are required to file a statement saying what steps they have taken to resolve their dispute or, if they have not taken any steps, the reasons why". Legal practitioners are also under an obligation to advise their clients of the requirement and assist them to comply.

The Bill draws on recommendations of the National Alternative Dispute Resolution Advisory Council (NADRAC) in its report, The Resolve to Resolve - Embracing ADR to improve access to justice in the federal jurisdiction (November 2009).

**16 June 2010 **

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