find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
ADR legislation on its way

ADR legislation on its way

Discussing the Government's access to justice agenda this week, Attorney-General Robert McClelland announced the introduction of a Civil Dispute Resolution Bill as part of the Government's…

Discussing the Government's access to justice agenda this week, Attorney-General Robert McClelland announced the introduction of a Civil Dispute Resolution Bill as part of the Government's Strategic Framework for Access to Justice.

The Strategic Framework is based on five principles including accessibility, appropriateness, equity, efficiency and effectiveness. McClelland said the principle of accessibility, upon which the Bill is based, is about resolving disputes at the most appropriate level and in the most appropriate way.

"People should have access to a range of options to resolve disputes but there should also be a "proportionality" check on which options are selected," McClelland said in his speech at the launch of National Law Week.

McClelland said the Bill is aimed at encouraging "a move away from the traditional view that courts resolve all disputes" and implements key recommendations by the National Alternative Dispute Resolution Advisory Council (NADRAC) by requiring "prospective litigants to take genuine steps to attempt to resolve their disputes before commencing proceedings in federal courts".

Mediator and member of NADRAC Steve Lancken said the impact of the legislation will vary but if it has the intended purpose, he said it will provide a "profoundly beneficial change".

"On one level, for those people who are committed to resolving their disputes in the most appropriate way already, it will have no impact.

"At another level, where organisations are used to going directly to lawyers and the default position is to commence or defend proceedings, it will have a big impact, because those organisations will have to change their way of thinking..." he said.

Lancken said some lawyers will initially think the legislation will result in higher costs. "[However] the reality is they will save the upfront costs of the litigation process and all the extra stuff that entails...so it's more of a change of where and how you spend your money on the dispute."

- Briana Everett

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

ADR legislation on its way
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
Applauds
Aug 21 2017
LCA applauds proposed Modern Slavery Act
The Law Council of Australia has welcomed new recommendations for the development of a Modern Slaver...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...