New pre litigation requirements in federal courts

by Mitchell Downes Solicitor, Mahoney Lawyers

As of August 1, 2011, parties must attempt “genuine steps” at resolving disputes prior to commencing proceeding in the federal court system.

What will constitute genuine steps will depend on the complexity of the dispute and the circumstances of the parties.

In most cases, it will include writing to the other side enclosing any relevant documents and making an offer.

These steps are already performed in the vasty majority of disputes.

That being the case, the only practical effect of the requirements is that the parties inform the Court of their attempts to resolve the dispute.

The parties are required to inform the court by filing a Genuine Costs Statement.

Parties whom do not attempt genuine steps or file the statement may suffer adverse costs consequences.

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