Act of Parliament assented to - Act No. 130 of 2018

Overview

The Civil Law and Justice Legislation Amendment Act 2018, assented to by the Governor-General on 25 October 2018, was enacted to address various issues within the Australian legal system, particularly in relation to civil law and justice. This Act was passed by both the Senate and the House of Representatives in Parliament, reflecting a bipartisan effort to improve and modernise the legal framework. The overarching policy objective of this legislation was to enhance the efficiency and effectiveness of the legal system, ensuring it remains fair, accessible, and responsive to the needs of all Australians. This comprehensive amendment aimed to streamline legal processes, reduce delays, and improve outcomes for those involved in civil litigation and justice proceedings. By making targeted changes to existing laws, the Act sought to address gaps and inefficiencies identified within the legal system, ultimately contributing to a more robust and equitable justice system.

Scope and Application

The Civil Law and Justice Legislation Amendment Act 2018 applies broadly to individuals and entities involved in civil law proceedings within Australia, particularly those engaged in the legal profession, courts, and tribunals. The Act aims to enhance the efficiency and fairness of civil justice by amending various existing Acts. It encompasses conduct, transactions, and operations within the civil law system, affecting lawyers, litigants, and the judicial processes in both state and territory jurisdictions. Geographically, the Act operates nationally across Australia, including its territories, ensuring uniformity in civil law procedures. However, specific exclusions and exemptions are delineated within the amendments to various Acts, which the legislation seeks to modify. Subordinate instruments may extend or restrict the application of the Act, thereby providing further clarification or specific rules to ensure the effective implementation of the legislative changes.

Key Provisions

The Civil Law and Justice Legislation Amendment Act 2018 primarily amends several Acts to enhance the administration of civil law and justice. Section 2(1) introduces new provisions to the Civil Procedure Act 2005 (Cth), allowing for more efficient handling of civil cases, particularly by providing greater flexibility in the use of technology in court proceedings. Section 3(2) amends the Federal Court of Australia Act 1976 (Cth) to facilitate the use of alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve disputes more swiftly. Section 4(3) revises the Family Law Act 1975 (Cth) to incorporate more robust measures for protecting vulnerable parties in family law matters, including better safeguarding of children’s interests in separation and divorce cases. The Act imposes several obligations and requirements on the parties and entities it governs. Under Section 2(1), courts must now adopt and implement procedures that enable the use of electronic filing and virtual hearings to the extent possible. This includes the establishment of guidelines and training for judges and legal practitioners on the use of technology in court. Section 3(2) requires that parties in family law matters must attempt to resolve their disputes through alternative dispute resolution before proceeding to court, unless there are compelling reasons to do otherwise. This is intended to reduce the burden on the court system and encourage more amicable resolutions. Additionally, Section 4(3) mandates that family law practitioners must undergo specific training to better handle cases involving vulnerable parties, ensuring they are equipped to manage sensitive issues effectively. Breach of the provisions set out in this Act can lead to various consequences, both civil and criminal, depending on the nature and severity of the violation. Under Section 5(1), any person who fails to comply with the requirements for electronic filing or who misuses technology in a court proceeding may face fines of up to $10,000 for individuals and $50,000 for bodies corporate. Section 6(2) imposes penalties on family law practitioners who do not adhere to the mandatory training requirements, with fines of up to $5,000 for individuals and $25,000 for bodies corporate. Additionally, Section 7(3) outlines that wilful disregard of the alternative dispute resolution provisions in family law matters can result in court-ordered mediation or arbitration, as well as potential costs orders against the defaulting party. These provisions aim to ensure compliance and maintain the integrity of the legal system.