Commonwealth legislation

Civil Dispute Resolution Regulations 2011

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

113 of 2011

Collection

legislative instrument

Plain English Summary

2/10 complexity

These regulations carve out three specific court proceedings from the Civil Dispute Resolution Act’s “genuine steps” pre‑litigation requirement: certain bankruptcy applications for failure to comply with a bankruptcy notice, certain company winding‑up applications for failure to comply with a statutory demand, and reviews of Registrar decisions. The exemptions reflect these matters’ urgency, creditor‑driven nature and strict time limits, where forced pre‑court negotiation would be impractical or prejudicial.

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Current sections

Direct links to the current provisions in Civil Dispute Resolution Regulations 2011.

Civil Dispute Resolution Regulations 2011

Commonwealth Coat of Arms

Civil Dispute Resolution Regulations 20111

Select Legislative Instrument 2011 No. 113

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Dispute Resolution Act 2011.

Dated 30 June 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

1 Name of Regulations

These Regulations are the Civil Dispute Resolution Regulations 2011.

2 Commencement

These Regulations commence on 1 August 2011.

3 Definition

In these Regulations:

Act means the Civil Dispute Resolution Act 2011.

4 Excluded proceedings

For subsection 17 (1) of the Act, the following proceedings are prescribed:

(a) proceedings for a sequestration order under section 43 of the Bankruptcy Act 1966, if the act of bankruptcy relied on arose under paragraph 40 (1) (g) of that Act;

(b) proceedings for an order under section 459A of the Corporations Act 2001 to wind up a company in insolvency, if the application for the order relies on a failure by the company to comply with a statutory demand;

Note

Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Civil Dispute Resolution Regulations 2011