New litigation rules

The Civil Procedure Act 2010 (Vic) came into force in ealry 2011, changing the civil litigation procedure requirements in Victoria.

 

Previously, there were different rules that applied to different courts, but there are now several uniform rules that apply to litigation in any Victorian court and significantly, to procedures that take place before litigation commences.

 

One of the key changes is that the courts have been given greater control over how proceedings are conducted. For example, judges may impose time limits on submissions or restrict the number of documents that may be tendered, in the interests of facilitating timely resolutions. However, they will have to balance a range of interests in doing so, including the parties' rights to a just outcome, and the public interest in minimising delays.

 

Another major difference is the introduction of further requirements relating to steps taken before litigation is actually initiated. These include obligations to take reasonable steps to resolve disputes before resorting to litigation, such as attempting to reach an agreement through negotiation first. These requirements apply to proceedings issued after 1 July 2011. Therefore, parties should comply with the pre-litigation steps even before 1 July 2011, where there is a chance that proceedings might be issued after 1 July 2011.

 

There are also a number of overarching obligations designed to encourage early resolution of disputes by ensuring, among other things, that essential documents are disclosed as soon as possible. These obligations, if relevant, extend also to people who are not directly involved, such as financial advisors. If parties fail to comply with any of these standards, then a cost order may be made against them.

 

Due to these changes, many of the civil procedures are now not only unfamiliar, but include more stringent requirements, even before litigation has commenced. Here at mdp McDonald Partners, our lawyers can assist you to ensure that you comply with the legislation and fulfil your responsibilities, so as to minimise problems and avoid penalties. Our experience can help you to resolve disputes efficiently and in many cases, without the need for litigation. However, should a matter progress to that stage, our litigation team, led by Michael McDonald, Sarah Verstak and Lai Kwan Low, is very capable of working with you towards a successful outcome.

 

If you have any queries or are seeking assistance, please do not hesitate to contact us by phone on (03) 9620 9660, or via email Lai Kwan Low at llow@mdplaw.com.au.

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