Victorian Numbered Acts

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CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010) - SECT 3

Definitions

In this Act—

"appropriate dispute resolution" means a process attended, or participated in, by a person involved in a civil dispute or a party for the purposes of negotiating a settlement of the civil dispute or the civil proceeding or resolving or narrowing the issues in dispute, including, but not limited to—

        (a)     mediation, whether or not referred to a mediator in accordance with rules of court;

        (b)     early neutral evaluation;

        (c)     judicial resolution conference;

        (d)     settlement conference;

        (e)     reference of a question, a civil proceeding or part of a civil proceeding to a special referee;

        (f)     expert determination;

        (g)     conciliation;

        (h)     arbitration;

"civil dispute" means a dispute which may result in the commencement of a civil proceeding;

"civil proceeding" means any proceeding in a court other than a criminal proceeding or quasi- criminal proceeding;

"court" means the following courts

        (a)     the Supreme Court;

        (b)     the County Court;

        (c)     the Magistrates' Court;

"criminal proceeding" means a proceeding to which the Criminal Procedure Act 2009 applies and includes—

        (a)     committal proceedings;

        (b)     proceedings relating to bail;

        (c)     proceedings relating to the sentencing of an accused;

"expert witness", in relation to a civil proceeding, means a person who has specialised knowledge based on the person's training, study or experience;

"head of jurisdiction" means—

        (a)     in relation to the Supreme Court, the Chief Justice;

        (b)     in relation to the County Court, the Chief Judge;

        (c)     in relation to the Magistrates' Court, the Chief Magistrate;

"judicial officer" means—

        (a)     in relation to the Supreme Court, a Judge of the Court, an Associate Judge or a judicial registrar;

        (b)     in relation to the County Court, a judge of the court, an associate judge or a judicial registrar;

        (c)     in relation to the Magistrates' Court, a magistrate or a judicial registrar;

"judicial registrar" means—

        (a)     in relation to the Supreme Court, a judicial registrar within the meaning of the Supreme Court Act 1986 ;

        (b)     in relation to the County Court, a judicial registrar within the meaning of the County Court Act 1958 ;

        (c)     in relation to the Magistrates' Court, a judicial registrar within the meaning of the Magistrates' Court Act 1989 ;

"judicial resolution conference" means—
s. 3

        (a)     in relation to the Supreme Court, a resolution process presided over by a Judge of the Court, an Associate Judge or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to—

              (i)     mediation, whether or not referred to that person in accordance with the rules of court;

              (ii)     early neutral evaluation;

              (iii)     settlement conference;

              (iv)     conciliation;

        (b)     in relation to the County Court, a resolution process presided over by a judge, an associate judge or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to—

              (i)     mediation, whether or not referred to that person in accordance with the rules of court;

              (ii)     early neutral evaluation;

              (iii)     settlement conference;

              (iv)     conciliation;

        (c)     in relation to the Magistrates' Court, a resolution process presided over by a magistrate or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to—

              (i)     mediation, whether or not referred to that person in accordance with the rules of court;

              (ii)     early neutral evaluation;

              (iii)     settlement conference;

              (iv)     conciliation;

"law practice" has the same meaning as it has in the Legal Profession Act 2004 ;

"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004 ;

overarching purpose has the meaning given in section 7;

"overarching obligations" means the obligations set out in sections 16 to 26;

"overarching obligations certification" means the certification required under section 41;

"paramount duty" means the duty set out in section 16;

"party" means party to a civil proceeding;

"penalty interest rate" means the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 ;

"person" includes an unincorporated association, a firm and a partnership;

"pre-litigation requirements "means the requirements set out in section 34;

"pre-litigation requirements compliance certification" means the certification required under section 43;

"proper basis certification" means the certification required under section 42;

"substantive document" means—

        (a)     an originating motion;

        (b)     a writ that includes—

              (i)     a statement of claim; or

              (ii)     a statement sufficient to give, with reasonable particularity, notice of the nature of the claim, its cause and the relief or remedy sought;

        (c)     a complaint;

        (d)     a defence or a notice of defence;

        (e)     a reply;

        (f)     a counterclaim;

        (g)     an answer to a counterclaim;

        (h)     a response to an answer to a counterclaim;

              (i)     a claim by third party notice;

        (j)     a claim by fourth or subsequent party notice;

        (k)     an application brought in accordance with section 93(4)(d) of the Transport Accident Act 1986 ;

but does not include—

        (l)     a summons or an application initiating an interlocutory proceeding;

        (m)     an affidavit.



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