Commonwealth Consolidated Acts

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CIVIL DISPUTE RESOLUTION ACT 2011 - SECT 4

Genuine steps to resolve a dispute

          (1A)  For the purposes of this Act, a person takes genuine steps to resolve a dispute if the steps taken by the person in relation to the dispute constitute a sincere and genuine attempt to resolve the dispute, having regard to the person's circumstances and the nature and circumstances of the dispute.

             (1)  Examples of steps that could be taken by a person as part of taking genuine steps to resolve a dispute with another person, include the following:

                     (a)  notifying the other person of the issues that are, or may be, in dispute, and offering to discuss them, with a view to resolving the dispute;

                     (b)  responding appropriately to any such notification;

                     (c)  providing relevant information and documents to the other person to enable the other person to understand the issues involved and how the dispute might be resolved;

                     (d)  considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process;

                     (e)  if such a process is agreed to:

                              (i)  agreeing on a particular person to facilitate the process; and

                             (ii)  attending the process;

                      (f)  if such a process is conducted but does not result in resolution of the dispute--considering a different process;

                     (g)  attempting to negotiate with the other person, with a view to resolving some or all the issues in dispute, or authorising a representative to do so.

             (2)  Subsection (1) does not limit the steps that may constitute taking genuine steps to resolve a dispute.



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