Tag Archives: Australia

Australian Federal Court rules on compliance with “genuine steps” requirement

The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute under the Civil Dispute Resolution Act 2011 (Cth) (the Act): Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] … Continue reading

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Filed under ADR, Australia, Costs, Intellectual Property, Mediation (General)

South Australia creates office of small business commissioner to assist small businesses in resolving disputes through ADR

There are some 142,000 small businesses in South Australia and an office dedicated to supporting dispute resolution and avoidance in this area was created in March 2012.  The independent body, headed by a small business Commissioner appointed by the Governor, is … Continue reading

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Filed under ADR, Australia, Consumers, Government proposals and consultations, Mediation (General), Other ADR processes

Review of Australia’s consumer external dispute resolution arrangements likely in 2013

Australia’s shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and natural justice in relation to Australia’s Financial Ombudsman Service (FOS) and the Credit Ombudsman Service (COS). The term ‘ombudman’ derives from Swedish and … Continue reading

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Filed under Australia, Consumers, Financial Services, Government proposals and consultations, Other ADR processes

Australian Taxation Office’s use of ADR to be improved according to Inspector-General

The Inspector-General of Taxation published his Review into the Australian Taxation Office (ATO)’s use of early and alternative dispute resolution on 31 July 2012. The Review examines the effectiveness of the ATO’s dispute resolution practices generally. The Inspector-General was requested to review procedures after a … Continue reading

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Filed under ADR, Australia, Government proposals and consultations, Mediation (General), Tax

New South Wales proposals for small business mediation

In a month-long consultation released on 28 June 2012, the NSW Government proposed that its small business commissioner be empowered to require a party to produce evidence and attend mediation. However, this does not mean a dispute will be forced … Continue reading

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Filed under Australia, Mediation (General)

New Australian Civil Dispute Resolution Act comes into force

The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages parties to take ‘genuine steps’ to resolve their disputes before commencing certain proceedings in the … Continue reading

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Filed under ADR, Australia, Costs

Australia – Improving access to ADR within the civil justice system

Australia’s Federal Attorney-General has recently announced that the Government intends to introduce legislation implementing key recommendations from the National ADR Advisory Council’s report into access to ADR. NADRAC is an independent body charged with providing policy advice to the Australian … Continue reading

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Filed under ADR, Australia, Government proposals and consultations