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Legislative Assembly for the ACT: 2000 Week 10 Hansard (18 October) . . Page.. 3171 ..
MR HUMPHRIES (continuing):
to analyse the existing system and determine a method to deal with the problems that emerged.
Since inception there have been over 200 dispute notices under the existing scheme. Over half of these disputes were mediated, most within 21 days (and this may have been a contributing cause in 35% of all disputes not proceeding). However, of those disputes that continued, it then took approximately 170 days to get to a first directions hearing and 292 days to a hearing.
The Tribunal has taken great efforts to improve the process of dealing with disputes. Since 1998, there has been a steady decrease in the time required to bring a matter on for hearing. However, the time taken for hearings to be brought on and dealt with are still far too long
It has been a common desire of members in this place to provide a low-cost, simple dispute resolution process for commercial and retail leases. However, the jurisdiction encompassed by the scheme is large-from the most simple disputes to disputes between large commercial players.
It is clear that any scheme to be implemented must be flexible. It must provide for simple processes where possible and a more formal ones where this would be the only practical method for the dispute to be properly determined. It is necessary to provide for the active management of applications before the court to meet the problems of delay presently experienced in this jurisdiction.
Accordingly, save where the court otherwise provides, the ordinary processes in the Magistrates Court (Civil Jurisdiction) Act will apply to proceedings. However, the court would be required to actively manage disputes within a flexible framework that would accommodate both simple and complex disputes through a case management hearing process.
At such a hearing, the court would be required to:
� assess the likelihood of the parties resolving issues in question before hearing and assisting or encouraging parties to do so by the most appropriate method (eg, by promoting early dispute resolution-including, but not limited to, mediation, conciliation, facilitation, early neutral evaluation and arbitration); and
� where settlement seems unlikely, give directions concerning the manner in which the proceedings will be pursued which, in the opinion of the court, will enable costs to be reduced and will help to achieve a prompt hearing of the matters in issue between the parties to the proceedings
Mr Speaker, this approach has the flexibility to enable a sensitive response to the dispute resolution requirements of each dispute. Additionally, it will require the court to encourage the resolution of disputes by non-litigious means. In so far as it does all these things without exceeding the current resources and capacities of the court system, it is a model preferable to that provided for elsewhere.
Conduct of the Parties
The Bill prohibits conduct that is unconscionable or harsh and oppressive-whether by a tenant or a landlord. The Bill gives a Court clear examples of matters it may consider when determining whether or not the parties have engaged in unconscionable conduct.
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