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CIVIL DISPUTE RESOLUTION ACT 2011 - NOTES

No. 17, 2011

Compilation No. 3

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 29 September 2021

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 1 September 2021 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

 

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in 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

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Civil Dispute Resolution Act 2011

17, 2011

12 Apr 2011

s 6-19: 1 Aug 2011 (s 2(1) item 2)
Remainder: 12 Apr 2011 (s 2(1) item 1)

 

Federal Circuit Court of Australia (Consequential Amendments) Act 2013

13, 2013

14 Mar 2013

Sch 1 (items 79-81): 12 Apr 2013 (s 2(1) item 2)

--

Tribunals Amalgamation Act 2015

60, 2015

26 May 2015

Sch 8 (item 14) and Sch 9: 1 July 2015 (s 2(1) items 19, 22)

Sch 9

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (items 184-187): 1 Sept 2021 (s 2(1) item  5)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 5.....................

am No 13, 2013; No 13, 2021

Part 3

 

s 12....................

am No 13, 2013

Part 4

 

s 15....................

am No 60, 2015

s 16....................

am No 13, 2021

Part 5

 

s 18....................

am No 13, 2013; No 13, 2021

 


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