The Bill subjects Commonwealth litigants to enforceable model litigant obligations. It amends the Judiciary Act 1903 (Cth) to require the Attorney General to oblige Commonwealth litigants to act as model litigants, in line with current practice. It amends the Ombudsman Act 1976 (Cth) to establish a process by which the Commonwealth Ombudsman can investigate complaints regarding contraventions of these obligations, and requires the Ombudsman to include details of these complaints in annual reports. It empowers a court to order a stay of proceedings and, if it is satisfied of a contravention, to make any order it considers appropriate.
Model litigant obligations include not relying on unnecessarily technical arguments, to keep costs to a minimum and to avoid delay.
The Commonwealth is often a party or intervener to native title litigation and enforcing model litigant obligations will make litigation fairer and more efficient for native title parties.