Article Title

A critical evaluation of the pre-litigation protocols

Abstract

Legislative provisions have recently been introduced by the Commonwealth and NSW governments requiring parties involved in a civil dispute to take formal steps to resolve the dispute before proceedings can be commenced. Although the Commonwealth provisions have been operational since 1 August 2011, the NSW provisions that were to commence on 1 October 2011 have been deferred for 18 months so that the government can further consider practical concerns about whether the protocol will indeed minimize the cost of legal disputes. The article evaluates the new provisions found in the Civil Dispute Resolution Act 2011 (Cth) and Part 2A of the Civil Procedure Act 2005 (NSW), discussed the merits of the new laws, and considers the challenges and practical implications for the plaintiff lawyer in complying with the protocols.

Keywords

alternative dispute resolution, civil procedure, legal profession, litigation

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