Genuine steps to settle disputes – Civil Dispute Resolution Act 2011 (Cth)

The requirement to take ‘genuine steps’ to settle disputes: application of the new Civil Dispute Resolution Act 2011 (Cth)
April 2012

Authors Stephen Klotz, Hamish McNair

The recent Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] FCA 282 provides the first substantial insight into how the Courts will interpret and apply the obligations set out in the Civil Dispute Resolution Act 2011 (Cth) (CDR Act) which came into force on 1 August 2011. Although the costs consequences of non compliance with the CDR Act were not considered in the judgment handed down on 23 March 2012 by Justice Reeves, the Court was highly critical of the parties and their lawyers for their flagrant disregard of their statutory obligations to attempt to resolve the matter.

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Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.

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