In the normal life people get dispute all the time in their businesses, individuals or even between service providers and customers. If you need to resolve these disputes you have to go for court, which could be expensive and time consuming. But there is an another easy way: the Civil Dispute Resolution Act 2011 (Cth). This law is made to help the people resolve their issue before going to got which help to save time, money and stress. Let’s know more about this law is and how it can help you.
What is the Civil Dispute Resolution Act 2011?
The Civil Dispute Resolution Act 2011 took effect on 1 August 2011. This Law helps people to get resole their issues before filing a case in the Federal Court or Federal Circuit Court. This law helps people to save money and time to focusing on solve problems as early rather than going straight to the court.
What Does "Genuine Steps" Mean?
The reason behind this Act is to tell people to took genuine steps to solve their problem before going to court. A good step means that to resolve the issue with involving of person in the dispute, rather than immediately go to court.
Here are some examples of genuine steps you could take:
What Happens if You Don’t Take Genuine Steps?
Before going to court, both parties in a dispute have to file a genuine steps statement. This is a document which tells that how you resolve the issue. If you not made any genuine step to solve the problem, you have to explain why. Court always look at these statements and may even penalize you with the extra costs if you have not tried to settle things early.
Real Case Example: Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012]
Lets take a look at real example to understand how this law works. In the case of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys in 2012, the court found that Superior IP International didn’t try hard enough to resolve their dispute before taking it to court. They didn’t attempt to negotiate or use mediation. Because of this, the court decided to make them pay extra costs. This case shows that it’s important to try to work things out before rushing into court.
When Do You Not Have to Take Genuine Steps?
There are some situations where the law understands that trying to resolve a dispute before going to court might not be possible or reasonable. For example:
Why Does This Matter?
For anyone involved in a dispute, the Civil Dispute Resolution Act is important because it encourages resolving conflicts early and peacefully, without the need for court action. It helps save time, money, and emotional stress.
For lawyers and businesses, this law means you must advise your clients to try to settle disputes before starting legal proceedings. If you don’t, the court could make you pay extra costs.
Conclusion: Why You Should Try to Resolve Disputes Early
The Civil Dispute Resolution Act is a step towards a better and faster way to handle disputes. By trying to resolve issues before going to court, you can avoid a lot of the stress and costs that come with litigation. It’s a win-win for everyone!
If you ever find yourself in a dispute, it’s important to take genuine steps to solve the problem. Not only will this increase your chances of reaching a solution, but it could also save you a lot of time and money in the long run.
Need help resolving a dispute? Contact Bansal Lawyers Best Lawyer in Melbourne Australia today, and we can guide you through the process of resolving your issue before it goes to court.