Civil Dispute Resolution Act 2011 - Excluded proceedings
By Kylie Tate24 May 2011
(a) Proceedings for an order imposing a pecuniary penalty for a contravention of a civil penalty provision.
(b) Proceedings brought by or on behalf of the commonwealth or a commonwealth authority for an order connected with a:
i. criminal offence or the possible commission of a criminal offence; or
ii. contravention or possible contravention of a civil penalty provision.
(c) Proceedings that relate to a decision of, or a decision that has been subject to review by:
i. the Administrative Appeals Tribunal;
ii. the Australian Competition Tribunal;
iii. the Copyright Tribunal of Australia;
iv. the Migration Review Tribunal;
v. the Refugee Review Tribunal;
vi. the Social Security Appeals Tribunal;
vii. the Veterans' Review Board; or
viii. a body prescribed by the regulations.
(d) Proceedings in the appellate jurisdiction of an eligible court.
(e) Proceedings arising from the exercise of a power to compel a person to answer questions, produce documents or appear before a person or body under a law of the commonwealth.
(f) Proceedings in relation to the exercise of a power to issue a warrant, or the exercise of a power under a warrant.
(g) Proceedings that are, or relate to, proceedings in which the applicant or the respondent has been declared a vexatious litigant under a law relating to vexatious litigants (however described).
(h) Ex parte proceedings.
(i) Proceedings to enforce an enforceable undertaking.
(j) Proceedings pursuant to any of the following acts:
i. Australian Citizenship Act 2007;
ii. Child Support (Registration and Collection) Act 1988;
iii. Fair Work Act 2009;
iv. Fair Work (Transitional Provisions and Consequential Amendments) Act 2009;
v. Family Law Act 1975;
vi. Migration Act 1958;
vii. National Security Information (Criminal and Civil Proceedings) Act 2004;
viii. Native Title Act 1993;
ix. Proceeds of Crime Act 1987;or
x. Proceeds of Crime Act 2002.