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Civil Dispute Resolution Act 2011 - Excluded proceedings

By Kylie Tate24 May 2011

Excluded proceedings

(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.