Victorian Numbered Acts

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CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010) - SECT 34

Pre-litigation requirements

    (1)     Each person involved in a civil dispute must take reasonable steps, having regard to the person's situation and the nature of the dispute—

        (a)     to resolve the dispute by agreement; or

        (b)     to clarify and narrow the issues in dispute in the event that civil proceedings are commenced.

    (2)     For the purposes of this section, reasonable steps include, but are not limited to—

        (a)     the exchange of appropriate pre-litigation correspondence, information and documents critical to the resolution of the dispute;

        (b)     the consideration of options for resolving the dispute without the need for civil proceedings in a court, including, but not limited to resolution through genuine and reasonable negotiations or appropriate dispute resolution.

    (3)     Each person involved in a civil dispute must not unreasonably refuse to participate in genuine and reasonable negotiations or appropriate dispute resolution.



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