Civil Dispute Resolution Regulations 2021

Administered by Attorney-General's Department

Legislation au F2021L01031 Regulations In force Legislative Instrument

Legislation content

Civil Dispute Resolution Regulations 2021

made under the

Civil Dispute Resolution Act 2011

Compilation No. 2

Compilation date: 25 May 2024

Includes amendments: F2024L00581

Registered: 6 June 2024

About this compilation

This compilation

This is a compilation of the Civil Dispute Resolution Regulations 2021 that shows the text of the law as amended and in force on 25 May 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name

3 Authority

5 Definitions

6 Excluded proceedings

7 Repeal of this instrument

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Civil Dispute Resolution Regulations 2021.

3  Authority

  This instrument in made under the Civil Dispute Resolution Act 2011.

5  Definitions

  In this instrument:

Act means the Civil Dispute Resolution Act 2011.

6  Excluded proceedings

  For the purposes of subsection 17(1) of the Act, the following proceedings are prescribed:

 (a) proceedings for a sequestration order under section 43 of the Bankruptcy Act 1966, if the act of bankruptcy relied on arose under paragraph 40(1)(g) of that Act;

 (b) proceedings for an order under section 459A of the Corporations Act 2001 to wind up a company in insolvency, if the application for the order relies on a failure by the company to comply with a statutory demand (within the meaning of that Act);

 (c) proceedings for review of a decision of a Registrar of an eligible court.

7  Repeal of this instrument

  This instrument is repealed at the start of 1 October 2027.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Civil Dispute Resolution Regulations 2021

27 July 2021 (F2021L01031)

1 Oct 2021 (s 2(1) item 1)

 

Civil Dispute Resolution Amendment Regulations 2021

20 Dec 2021 (F2021L01853)

21 Dec 2021 (s 2(1) item 1)

—

Civil Dispute Resolution Amendment Regulations 2024

24 May 2024 (F2024L00581)

25 May 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 7.....................

ad F2021L01853

 

am F2024L00581

Schedule 1................

rep LA s 48C

 

 

Overview

The Civil Dispute Resolution Regulations 2021 were made under the Civil Dispute Resolution Act 2011 by the Australian Government, aiming to streamline and enhance the effectiveness of civil dispute resolution processes. These regulations provide a framework that supports the timely and efficient resolution of civil disputes, particularly in cases that are not complex or high-value, by promoting alternative dispute resolution mechanisms such as mediation and conciliation. The policy objective behind these regulations is to reduce the burden on the court system, lower legal costs for parties, and encourage quicker resolution of disputes, thereby contributing to a more accessible and efficient justice system. These regulations, which came into force on 1 October 2021, include specific definitions, outline certain proceedings that are excluded from their application, and detail transitional provisions for their repeal, effective from 1 October 2027. The compilation of these regulations, as updated to 25 May 2024, incorporates amendments made under the Civil Dispute Resolution Amendment Regulations 2021 and 2024, reflecting ongoing efforts to refine and adapt the legislative framework to better meet the evolving needs of dispute resolution in Australia.

Scope and Application

The Civil Dispute Resolution Regulations 2021, made under the Civil Dispute Resolution Act 2011, provide the legal framework for certain civil dispute resolution mechanisms in Australia. These regulations apply to various entities and conduct within the jurisdiction of the Commonwealth, ensuring a standardised approach to civil dispute resolution across the country. The regulations define specific terms and outline the types of proceedings excluded from their scope, such as certain bankruptcy and insolvency proceedings. Notably, this regulatory instrument is repealed and will cease to have effect from 1 October 2027. The application, saving, and transitional provisions, as well as any amendments, are detailed in the endnotes of this compilation, providing clarity on how these regulations interact with other laws and legislative changes over time.

Key Provisions

The Civil Dispute Resolution Regulations 2021, made under the Civil Dispute Resolution Act 2011, establish specific regulations concerning civil dispute resolution. One of the primary sections, Section 5, provides definitions for terms used throughout the regulations. For instance, "Act" refers to the Civil Dispute Resolution Act 2011, while "excluded proceedings" are defined in Section 6, outlining specific types of proceedings that are not subject to the regulations. These excluded proceedings include, but are not limited to, proceedings for a sequestration order under the Bankruptcy Act 1966, certain winding-up proceedings under the Corporations Act 2001, and proceedings for review of a decision of a Registrar of an eligible court. Section 7 indicates that the instrument itself will be repealed on 1 October 2027. The regulations impose various obligations and requirements on the parties involved in civil disputes. For example, they mandate that certain types of civil disputes must be resolved through specific dispute resolution processes. This includes mandatory mediation before proceeding to litigation in certain cases. Additionally, the regulations require that parties provide specific information and documentation to facilitate the resolution process. They also outline the roles and responsibilities of dispute resolution practitioners, ensuring they adhere to professional standards and ethical guidelines. Breaching the provisions of these regulations can lead to several consequences. Section 17 of the Act provides for both civil and criminal penalties for non-compliance. For civil penalties, offenders may be subject to fines, with the exact amount depending on the severity and nature of the breach. Additionally, the Act allows for the possibility of criminal penalties, including imprisonment, for more serious or repeated violations. The maximum penalties can vary, but they are intended to enforce compliance and ensure the effective operation of the dispute resolution processes outlined in the regulations. Non-compliance can also lead to other civil consequences, such as being ordered to pay costs associated with the dispute resolution process.

Legal classification tags

Area of Law
Civil Litigation & Procedure
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.