Civil Dispute Resolution Act 2011

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

For the purposes of this Act, a person takes genuine steps to resolve a dispute if the steps taken by the person in relation to the dispute constitute a sincere and genuine attempt to resolve the dispute, having regard to the person’s circumstances and the nature and circumstances of the dispute.

Examples of steps that could be taken by a person as part of taking genuine steps to resolve a dispute with another person, include the following:

notifying the other person of the issues that are, or may be, in dispute, and offering to discuss them, with a view to resolving the dispute;

responding appropriately to any such notification;

providing relevant information and documents to the other person to enable the other person to understand the issues involved and how the dispute might be resolved;

considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process;

if such a process is agreed to:

agreeing on a particular person to facilitate the process; and

attending the process;

if such a process is conducted but does not result in resolution of the dispute—considering a different process;

attempting to negotiate with the other person, with a view to resolving some or all the issues in dispute, or authorising a representative to do so.

Subsection (1) does not limit the steps that may constitute taking genuine steps to resolve a dispute.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2).

for an applicant—see section 6;

for a respondent—see section 7.

An applicant who institutes civil proceedings in an eligible court must file a genuine steps statement at the time of filing the application.

A genuine steps statement filed under subsection (1) must specify:

the steps that have been taken to try to resolve the issues in dispute between the applicant and the respondent in the proceedings; or

the reasons why no such steps were taken, which may relate to, but are not limited to the following:

the urgency of the proceedings;

whether, and the extent to which, the safety or security of any person or property would have been compromised by taking such steps.

A genuine steps statement need not be filed under subsection (1) in relation to proceedings that are wholly excluded proceedings.

A genuine steps statement must be filed under subsection (1) in relation to proceedings that are in part excluded proceedings, but the statement need not relate to the parts of the proceedings that are excluded proceedings.

A respondent in proceedings who is given a copy of a genuine steps statement filed by an applicant in the proceedings must file a genuine steps statement before the hearing date specified in the application.

A genuine steps statement filed under subsection (1) must:

state that the respondent agrees with the genuine steps statement filed by the applicant; or

if the respondent disagrees in whole or part with the genuine steps statement filed by the applicant—specify the respect in which, and reasons why, the respondent disagrees.

advise the person of the requirement; and

assist the person to comply with the requirement.

The requirements of this Part are in addition to, and not instead of, requirements imposed by any other Act.

A failure to file a genuine steps statement in proceedings does not invalidate the application instituting the proceedings, a response to such an application or the proceedings.

whether a person who was required to file a genuine steps statement under Part 2 in the proceedings filed such a statement;

whether such a person took genuine steps to resolve the dispute.

In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of:

whether a person who was required to file a genuine steps statement under Part 2 in the proceedings filed such a statement; and

whether such a person took genuine steps to resolve the dispute.

In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of any failure by a lawyer to comply with the duty imposed by section 9.

If a lawyer is ordered to bear costs personally because of a failure to comply with section 9, the lawyer must not recover the costs from the lawyer’s client.