Pre-action Protocols and Obligations to Attempt to Resolve Disputes Before Commencing Civil Proceedings

The aim of the Pre-action Obligations Research Project  is to assess the use and effectiveness of pre-action schemes and obligations that encourage people to resolve their disputes before filing proceedings with a court or tribunal. There are many different ways in which people can be encouraged or required to attempt to resolve their disputes before entering the litigation system, and this Research Project explores the most common approaches in use within Australia. It also considers issues that have been raised about these types of obligations. Some concerns about pre-action or pre-litigation obligations are that they may increase costs or provide a ‘hurdle’ and prevent people from accessing the court and tribunal system. On the other hand, pre-action requirements may reduce costs by supporting early and more effective dispute resolution.

To examine the use and effectiveness of pre-action obligations, the Research Project explores pre-action protocols and obligations in the context of a literature review, an examination of available statistics, stakeholder input as well as qualitative and quantitative work in two selected schemes where Alternative Dispute Resolution (ADR) processes are used to support earlier pre-filing obligations.

Download Resolving Disputes without Courts: Measuring the Impact of Civil Pre-action Obligations - Background Paper (pdf, 1.30mb)

Information for Participants in the project

If you would like to contact the researchers about any aspect of this study, please contact the Chief Investigator:

Professor Tania Sourdin
Director ACJI
Monash University Law Chambers
Marsh Building
555 Lonsdale Street
Melbourne VIC 3000 Australia
Phone: +61 3 99038536
Email: Tania.Sourdin@monash.edu
Fax: +61 3 9903 8504

If you have a complaint concerning the manner in which this research MUHREC project number CF12/0030 – 2012000007 is being conducted, please contact:

Executive Officer
Monash University Human Research Ethics Committee (MUHREC)
Building 3e  Room 111
Research Office
Monash University VIC 3800
Phone: +61 3 9905 2052
Email: muhrec@monash.edu 
Fax: +61 3 9905 3831  

Making comments

ACJI welcomes comments from all stakeholders and interested parties.

Closing date for comments: 14 June 2012.

ACJI welcomes online comments directly by email to: jen.hitchman@monash.edu
 
Alternatively, comments and enquiries may be mailed, faxed or emailed to:
 
Professor Tania Sourdin
Director ACJI
Monash University Law Chambers
Marsh Building
555 Lonsdale Street
Melbourne  VIC  3000  Australia
Phone:  +61 3 99038536       
Fax: +61 3 9903 8504  
 
Comments and submission may provide important evidence to the research. ACJI may draw upon comments, refer to them or quote from them or refer to them in publications.

ACJI also accepts submissions made in confidence. Please accompany such comments with a clear indication that the contents are intended to be confidential.