Victorian Numbered Acts

CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010) - NOTES

No. 47 of 2010

Victoria

Civil Procedure Act 2010^[†]

No. 47 of 2010

[Assented to 24 August 2010]

^[†]     Minister's second reading speech—

    Legislative Assembly: 24 June 2010

    Legislative Council: 29 July 2010

    The long title for the Bill for this Act was "A Bill for an Act to provide for the reform and modernisation of the laws, practice, procedure and processes for the resolution of civil disputes which may lead to civil proceedings and for the initiation and conduct of civil proceedings and appeals, to amend the Supreme Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989 and other Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	80–92
application	4
Charter, privilege not overridden	6
commencement	2
Crown bound by	5
overarching purposes	7–9
purposes	1
regulations	71, 79
transitional provisions	72–79
Appropriate dispute resolution
definition	3
immunity of judicial officers	68
interaction with other Acts, rules of court	69
judicial resolution conferences	3, 67, 68
referral by court	66
transitional provision	77
Case management
interaction with other powers of court	53
judicial powers	47
orders, directions regarding
legal practitioners	50
pre-trial procedures	48
trial procedures, conduct of hearing	49
orders following contravention of orders, directions	51
transitional provision	74
variation, revocation of orders	52
Civil disputes (def.)	3
Civil proceedings
commencement without certification requirements	45
definition	3
orders take account of noncompliance	46
overarching obligations certification	41
pre-litigation requirements compliance certification	43
proper basis certification	42
referral to appropriate dispute resolution	66
transitional provision	78
urgent filing of documents and certification	44
See also Case management; Overarching obligations; Overarching purposes
Costs
contravention of overarching obligations	28–31
memorandum including	50
noncompliance with pre-litigation requirements	39, 46
payment of compliance with pre-litigation requirements	38
persons, parties to bear own	37
reasonable, proportionate requirement	24
scales of fees, costs	40
Subject	Section
Court (def.)	3
Criminal proceedings (def.)	3
Definitions	3
Disclosure, discovery
court orders, directions for	55
cross-examination regarding	57
discovery in accordance with rules of court	54
interaction with Evidence (Miscellaneous Provisions) Act 1958	58
interaction with rules of court	59
overarching obligation to disclose	26
protection, use of documents disclosed	27, 35
sanctions for noncompliance	56
transitional provision	75
Evidence (Miscellaneous Provisions) Act 1958	58
Expert witnesses	3, 10
Head of jurisdiction (def.)	3
Judicial officers	3, 48, 68
Judicial registrars (def.)	3
Judicial resolution conferences See Appropriate dispute resolution
Legal practitioners
application of overarching obligations to	10, 13–15
definition	3
duties regarding
certification of compliance with pre-litigation requirements	43
preparation of memorandum	50
proper basis certification	42
urgent filing of documents, certificates	44
Overarching obligations
application
civil proceedings	11
legal practitioners	13–15
participants	10
certification on commencement of proceeding	41
contravention to be considered by court	28
court orders following contravention	29–31
obligations
cooperation in conduct of civil proceedings	20
disclosure of existence of documents	26
ensure reasonable, proportionate costs	24
minimise delays	25
misleading, deceptive conduct prohibited	21
narrow issues in dispute	23
paramount duty	16
requirement of proper basis	18
resolution, determination of disputes	19
to act honestly	17
use of reasonable endeavours to resolve dispute	22
Subject	Section
prevail over certain other obligations, duties	12
protection, use of disclosed information, documents	27
transitional provision	73
Overarching purposes
court to give effect to	8
definition	7
furtherance of by court	9
matters court to have regard to	9
transitional provision	72
Pre-litigation requirements
application of Parts 3.1, 3.2	32
certification of compliance	43
compliance prior to commencement of proceeding	33
costs of compliance	37–40
noncompliance not to prevent proceedings	36
orders following noncompliance	39
protection, use of disclosed information, documents	35
resolution by agreement, narrowing of issues	34
Regulations	71, 79
Rules of court	70
Substantive documents (def.)	3
Summary judgments
application by defendant	62
application by plaintiff	61
grant if no prospect of success	63
order to proceed to trial	64
powers of court under Part 4.4	65
references to defendant, plaintiff under Part 4.4	60
transitional provision	76
Transitional provisions	72–79
Transport Accident Act 1986	39