Skip to main content

Dispute Resolution

Australian Legislation

Alternative Dispute Resolution

In Australia, laws or rules to govern the conduct of alternative dispute resolution are limited. However, the Civil Dispute Resolution Act 2011 (Cth) encourages parties to take steps to resolve a dispute before commencing certain legal proceedings in the Federal Court and Federal Circuit Court.

Other Commonwealth acts that cover mediation are:

Jurisdiction

Act

Cth

Administrative Appeals Tribunal Act 1975 (91 of 1975)

Fair Work Act 2009 (28 of 2009)

Family Law Act 1975 (53 of 1975)

Federal Court of Australia Act 1976 (156 or 1976)

Federal Circuit Court of Australia Act 1999 (193 or 1999)

Native Title Act 1993 (110 of 1993)

 

Selected legislation below covers mediation in state and territory court proceedings.

Jurisdiction

Act

ACT

Court Procedures Rules 2006 (29 of 2006)

NSW

Civil Procedure Act 2005 (28 of 2005)

Uniform Civil Procedure Rules 2005 (418 or 2005)

NT

Local Court Rules (5 of 1998) 

Supreme Court Rules 1987

Qld

Civil Proceedings Act 2011 (45 of 2011)

Uniform Civil Procedure Rules 1999 (111 of 1999)

SA

Supreme Court Act 1935 (No. 2253)

District Court Act 1991 (70 of 1991)

Magistrates Court Act 1991(73 of 1991)

Environment, Resources and Development Court Act 1993 (63 of 1993)

Tas

Supreme Court Rules 2000 (8 of 2000)

Alternative Dispute Resolution Act 2001 (57 of 2001)

Vic

Civil Procedure Act 2010 (47 of 2010)

Supreme Court (General Civil Procedure) Rules 2015 (103 of 2015)

Victorian Civil and Administrative Tribunal Act 1998 (53 of 1998)

WA

Rules of the Supreme Court 1971

District Court Rules 2005

Commercial Arbitration

In Australia commercial arbitration is governed by state and federal legislation. State-based legislation regulates domestic arbitration and federal legislation regulates international arbitration.

Australian state legislation has its origins in the Standing Committee of Attorneys-General’s suggestion in 2010 for a national framework for domestic commercial arbitration in Australia, which is based on the UNCITRAL Model Law.

Jurisdiction

Act

ACT

N/A

NSW

Commercial Arbitration Act 2010 (61 of 2010)

NT

Commercial Arbitration (National Uniform Legislation) Act 2011 (23 of 2011)

Qld

Commercial Arbitration Act 2013  (8 of 2013)

SA

Commercial Arbitration Act 2011 (32 of 2011)

Tas

Commercial Arbitration Act 2011 (12 od 2011)

Vic

Commercial Arbitration Act 2011 (50 of 2011)

WA

Commercial Arbitration Act 2012 (23 or 2012)

International Commercial Arbitration

In Australia, the Federal Court has considerable jurisdiction under the International Arbitration Act 1974 (Cth). For more information on international legistaltive instruments go to our International Commercial Arbitration Research Guide.