Victorian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010)
TABLE OF PROVISIONS
1. Purposes
2. Commencement
3. Definitions
4. Application of this Act
5. Act binds the Crown
6. Charter and privilege not overridden
PART 2.1--OVERARCHING PURPOSE
7. Overarching purpose
8. Court to give effect to overarching purpose
9. Court's powers to further the overarching purpose
PART 2.2--APPLICATION OF THE OVERARCHING OBLIGATIONS
10. Application of overarching obligations—participants
11. Application of overarching obligations—civil proceedings
12. Overarching obligations prevail over certain other obligations and duties
13. Overarching obligations and legal practitioners
14. Legal practitioner or law practice not to cause client to contravene overarching obligations
15. Legal practitioner's duty to court not overridden
PART 2.3--THE OVERARCHING OBLIGATIONS
16. Paramount duty
17. Overarching obligation to act honestly
18. Overarching obligation—requirement of proper basis
19. Overarching obligation to only take steps to resolve or determine dispute
20. Overarching obligation to cooperate in the conduct of civil proceeding
21. Overarching obligation not to mislead or deceive
22. Overarching obligation to use reasonable endeavours to resolve dispute
23. Overarching obligation to narrow the issues in dispute
24. Overarching obligation to ensure costs are reasonable and proportionate
25. Overarching obligation to minimise delay
26. Overarching obligation to disclose existence of documents
27. Protection and use of information and documents disclosed under overarching obligation in section 26
PART 2.4--SANCTIONS FOR CONTRAVENING THE OVERARCHING OBLIGATIONS
28. Court may take contravention of overarching obligations into account
29. Court may make certain orders
30. Applications for orders under section 29
31. Extension of time for application
PART 3.1--PRE-LITIGATION REQUIREMENTS
32. Application of this Part and Part 3.2
33. Compliance with pre-litigation requirements prior to commencement of civil proceedings
34. Pre-litigation requirements
35. Protection and use of information and documents disclosed under pre-litigation requirements
36. Proceedings may be commenced despite noncompliance
PART 3.2--SANCTIONS ENFORCING THE PRE-LITIGATION REQUIREMENTS
37. Persons generally to bear own costs of compliance with pre-litigation requirements
38. Court may make orders as to costs of compliance with pre-litigation requirements
39. Court may take failure to comply with pre-litigation requirements or pre-litigation process into account
40. Scales of fees and scales of costs
PART 4.1--CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF CIVIL PROCEEDINGS
41. Overarching obligations certification by parties on commencement of civil proceeding
42. Proper basis certification
43. Pre-litigation requirements compliance certification by parties or legal practitioner
44. Urgent filing of documents and certification
45. Proceedings may be commenced despite failure to certify
46. Court may take failure to comply into account
PART 4.2--CASE MANAGEMENT
47. Judicial powers of case management—overarching purpose and active case management
48. Court's power to order and direct pre-trial procedures
49. Court's power to order and direct trial procedures and conduct of hearing
50. Order to legal practitioner as to length and costs of trial etc.
51. Contravention of orders or directions under this Part
52. Court may revoke or vary direction or order
53. Interaction with other powers of court
PART 4.3--DISCLOSURE AND DISCOVERY
54. Discovery of documents to be in accordance with rules of court
55. Court orders for discovery
56. Court may order sanctions
57. Cross-examination regarding discovery obligations
58. Interaction with Evidence (Miscellaneous Provisions) Act 1958
59. Interaction with rules of court
PART 4.4--SUMMARY JUDGMENT
60. References to defendant and plaintiff in this Part
61. Plaintiff may apply for summary judgment in proceeding
62. Defendant may apply for summary judgment in proceeding
63. Summary judgment if no real prospect of success
64. Court may allow a matter to proceed to trial
65. Interaction with rules of court
66. Court may order proceeding to appropriate dispute resolution
67. Evidence of things said and done in appropriate dispute resolution which is judicial resolution conference
68. Protection of conduct of judicial resolution conference
69. Interaction with other Acts and rules of court
PART 6.1--RULES OF COURT AND REGULATIONS
70. Rules of court
71. Regulations
PART 6.2--TRANSITIONAL PROVISIONS
72. Overarching purpose
73. Overarching obligations
74. Case management powers
75. Disclosure and discovery
76. Summary judgment
77. Appropriate dispute resolution
78. Power to resolve transitional difficulties in civil proceedings
79. Regulations dealing with transitional matters
PART 6.3--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Division 1--Amendments to Supreme Court Act 1986
80. Definitions
81. Mediation and judicial resolution conference
82. Power to make Rules
Division 2--Amendments to County Court Act 1958
83. Definitions
84. Mediation and judicial resolution conference
85. Protection of special referees, mediators and arbitrators
86. New section 48D inserted
87. Power to make rules of practice
Division 3--Amendments to Magistrates' Court Act 1989
88. Definitions
89. Rules of Court
90. New section 106A inserted
91. New section 107A inserted
92. Mediation and judicial resolution conference
ENDNOTES
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback