Civil Dispute Resolution Act 2011

What is the Object of the Act?

The object of this Act is to ensure that, as far as possible, people take civil proceedings

The object of this Act is to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted.

The object of this Act is to ensure that, as far as possible, people take at least some genuine steps to resolve disputes before certain civil proceedings are instituted.

The object of this Act is to ensure that, as far as possible, people get excellent legal advice before certain civil proceedings are instituted.

Select all examples of "genuine steps" that could be taken include:

Seeking the advice of people you know who have been through similar situations

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;

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.

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

Seeking the advice of a no-win, no-pay law firm

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

Notifying the other party that they should not engage in counter-claims against you

When referring to an "eligible court" in the Act , this means:

The Supreme Court & The District Court

The Federal Magistrates Court and The Federal Court of Australia

The Federal Magistrates Court and The Supreme Court

The Federal Court of Australia and the Supreme Court

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

Whether a person who was required to did file a genuine steps statement

How badly someone was damaged or their property was damaged

Whether such a person took genuine steps to resolve the dispute

How someone was psychologically affected by the damage done to them

Civil Dispute Resolution Act 2011

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