For details of the background to the new legislation, see Legal updates, Australian domestic arbitration law gathers momentum and Australia to get new domestic arbitration legislation.

The new Commercial Arbitration Act (Act) was passed into law in New South Wales last year. While the Act is not yet law throughout Australia, equivalent legislation is continuing to move through the relevant processes in the majority of States and Territories.

On 16 June 2011, the Bill received Royal Assent in Tasmania, but has yet to be given a commencement date. On 4 May 2011, the Bill also progressed to second reading in South Australia. This was also the case on 5 May 2011 in the Northern Territory and on 15 June 2011 in Western Australia.

Although the Bill has not yet been introduced to the Victorian Parliament, the new government (following a change at the last State election) has spoken of it several times. Only Queensland and the Australian Capital Territory have yet to make significant advances with the domestic arbitration legislation, although all ministers agreed on the form of the Commercial Arbitration Bill at specific meetings of the Standing Committee of Attorneys-General.

The Bill enacts as the domestic arbitration legislation, a modified form of the UNCITRAL Model Law (Model Law). At an international level the Model Law, slightly modified, applies to arbitration in Australia.