Complying with pre-litigation requirements in certain civil disputes and proceedings

06/06/2011

The Bar Association's ADR Committee has published a schedule setting out the main provisions of the Civil Procedure Act 2005 _(NSW) and _Civil Dispute Resolution Act 2011 (Cth) concerning pre-litigation requirements in certain civil disputes and proceedings. The legislation imposes obligations upon lawyers to, among other things, advise the persons for whom they act of the requirement to take “reasonable” or “genuine” steps to resolve certain civil disputes before commencing proceedings.� The schedule may assist members in complying with those obligations.�

Members should note that the Federal Court Rules 2011 will commence on 1 August 2011 and that the draft rules and associated Court Forms are available now on the Federal Court’s website.�� Rules 5.03 and 8.02 and Forms 11 and 16 deal with genuine steps statements by applicants and respondents. �

The Supreme Court is currently exempted from the operation of the Civil Procedure Act 2005 (NSW) but it is anticipated that the exemption will be removed and that there may be amendments to the UCPR.

**6 June 2011 **