EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Civil Dispute Resolution Act 2011
Proclamation
Item 2 in the table at subsection 2(1) of the Civil Dispute Resolution Act 2011 (the Act) provides that Parts 2 to 5 of the Act are to commence on a day to be fixed by Proclamation.
The Act, which received Royal Assent on 12 April 2011, encourages parties to take genuine steps to resolve their dispute, where possible, before commencing proceedings in the Federal Court or Federal Magistrates Court.
The purpose of the Proclamation is to commence Parts 2 to 5 of the Act (the operative parts) on 1 August 2011, which coincides with the date of commencement of the Civil Dispute Resolution Regulations 2011.
The Federal Court of Australia’s revised Rules are also proposed to commence on 1 August 2011, which will prevent confusion for litigants and make it easier for the Court to deal with the changed environment.
The Act does not specify any conditions that needed to be satisfied before the Proclamation was made.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is registered on the Federal Register of Legislative Instruments.
Authority: Item 2 of the table in subsection 2 (1) of the
Civil Dispute Resolution Act 2011