Civil Dispute Resolution Act 2011
No. 17, 2011
Compilation No. 4
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Civil Dispute Resolution Act 2011 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Genuine steps to resolve a dispute
5 Definitions
Part 2—Obligation to take genuine steps to resolve disputes before proceedings are instituted
6 Genuine steps statement to be filed by applicant
7 Genuine steps statement to be filed by respondent
8 Genuine steps statements must comply with Rules of Court
9 Duty of lawyers to advise people of the requirements of this Act
10 Effect of requirements of this Part
Part 3—Powers of court
11 Court may have regard to genuine steps requirements in exercising powers and performing functions
12 Exercising discretion to award costs
13 Powers are in addition to powers under other Acts
Part 4—Exclusions
15 Proceedings of certain kinds are excluded proceedings
16 Proceedings under certain Acts are excluded proceedings
17 Proceedings prescribed by the regulations are excluded proceedings
Part 5—Other matters
17A Act does not exclude or limit law relating to disclosure of information, etc.
18 Rules of Court
19 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the resolution of civil disputes, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Civil Dispute Resolution Act 2011.
2 Commencement
Overview
The Civil Dispute Resolution Act 2011 was enacted to address the need for parties to undertake genuine steps to resolve civil disputes before initiating proceedings, thereby promoting alternative dispute resolution and reducing the burden on the court system. The Act was passed by the Parliament of Australia with the primary policy objective of encouraging parties to make a sincere and genuine attempt to resolve their disputes prior to litigation. The Act applies to civil proceedings in eligible courts, which include the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2), and requires applicants to file a genuine steps statement detailing the efforts made to resolve the dispute. Additionally, respondents must file a corresponding statement, agreeing or disagreeing with the applicant's efforts. Failure to comply with these requirements may be taken into account by the court when exercising its powers and performing its functions, including when awarding costs. Certain types of proceedings are excluded from the application of this Act, as specified in the regulations and certain acts, to accommodate the unique nature of these matters.
Scope and Application
The Civil Dispute Resolution Act 2011 applies to persons who institute civil proceedings in eligible courts, specifically the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2). It mandates that these persons file a genuine steps statement detailing the efforts made to resolve the dispute before instituting proceedings. This requirement extends to respondents in the proceedings who must also file a genuine steps statement if served with one from the applicant. Lawyers acting for these parties are obligated to advise their clients of these requirements and assist in complying with them. The Act's scope includes various types of civil proceedings but excludes certain kinds such as those for pecuniary penalties, proceedings related to criminal offences or civil penalty provisions brought by or on behalf of the Commonwealth, and proceedings involving specific tribunals and regulatory bodies. Additionally, the Act can be further specified through regulations which may include certain types of proceedings based on their nature, subject matter, or the laws under which they arise. The Act's application is national, applying across the Commonwealth, and it does not exclude or limit other laws regarding the disclosure of information, production of documents, or admissibility of evidence. The Rules of Court and regulations under the Federal Court of Australia Act 1976 and the Federal Circuit and Family Court of Australia Act 2021 can provide further detail on the form and content of genuine steps statements and time limits for their provision.
Key Provisions
- The Civil Dispute Resolution Act 2011 primarily focuses on encouraging parties to take genuine steps to resolve disputes before instituting civil proceedings. The key sections of the Act mandate the filing of genuine steps statements by both applicants (Section 6) and respondents (Section 7). These statements must detail the steps taken to resolve the dispute or the reasons why no steps were taken. The Act requires that these statements comply with the Rules of Court (Section 8), and lawyers must advise their clients of these requirements and assist them in complying (Section 9). The Act's provisions are supplementary to other legal requirements, and failure to file a genuine steps statement does not invalidate the proceedings (Section 10).
- The Act imposes several obligations on the parties and entities it governs. Applicants who institute civil proceedings in an eligible court must file a genuine steps statement at the time of filing the application (Section 6). Respondents, upon receiving a genuine steps statement from the applicant, must file their own statement before the hearing date (Section 7). Lawyers acting for these parties must inform their clients about the requirement to file genuine steps statements and assist in meeting this requirement (Section 9). Additionally, the Act allows courts to consider whether genuine steps statements were filed and whether genuine steps were taken when exercising powers and performing functions, including when awarding costs (Sections 11 and 12).
- Breach of the Act's provisions can lead to various consequences. For instance, if a lawyer fails to comply with the duty to advise clients about the requirement to file genuine steps statements, they may be ordered to bear costs personally, and these costs cannot be recovered from the client (Section 12(3)). Furthermore, the Act does not exclude or limit other laws relating to the use or disclosure of information, the production of documents, or the admissibility of evidence (Section 17A). The Act also provides for the creation of rules and regulations to further specify the requirements and implementation of the Act (Sections 18 and 19).
- Area of Law
- Civil Litigation & Procedure
- Alternative Dispute Resolution
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
