Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 143

143 Amendment of s 37 (ADR process applies to proceedings started under this part)

(1) Section 37—
insert—

(2A) Without limiting subsection (1), for a relevant ADR process—

(a) each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and

(b) if a party is represented in the ADR process by a lawyer or agent—

(i) the lawyer or agent must have authority to settle the matter or any issue discussed; or

(ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i)—the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.

(2) Section 37—
insert—

(4) In this section—

"relevant ADR process" means an ADR process within the meaning of the Civil Proceedings Act 2011 , section 39, other than to the extent the section refers to case appraisal.

(3) Section 37(2A) to (4)—
renumber as section 37(3) to (5).