Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011

- As at 1 March 2023 
- Act 45 of 2011 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Application
   4.      Dictionary
   5.      Meaning of court
   6.      Act binds all persons

   PART 2 - LAW AND EQUITY

   7.      Concurrent administration of law and equity
   8.      Equitable damages
   9.      Injunction
   10.     Declaratory order
   11.     Order to fulfil duty
   12.     Order to appoint receiver

   PART 3 - ORDERS

           Division 1 - Orders generally

   13.     Power to make orders
   14.     Power to impose appropriate conditions
   15.     Power to award costs

           Division 2 - Particular orders

   16.     Amendment for new cause of action or party
   17.     Interested person may become a party and may be bound by outcome
   18.     Order binds persons who are represented
   19.     Interpleader orders
   20.     Set-off
   21.     Abatement of proceedings
   22.     Dismissal of proceedings for want of prosecution
   23.     Effect of default judgment given by registrar
   24.     Discharge of lien or security

   PART 4 - TRANSFER OF PROCEEDINGS

   25.     Transfer by Supreme Court—general
   26.     Transfer by District Court—general
   27.     Transfer because of amendment
   28.     Transfer because claim beyond jurisdiction
   29.     Transfer because counterclaim beyond jurisdiction
   30.     Copy of order and filed documents
   31.     Power of court to which proceeding transferred
   32.     Limitation periods
   33.     Costs

   PART 5 - CONFERENCES

   34.     Definition for pt 5
   35.     Resolution agreement
   36.     Evidence from relevant conference

   PART 6 - ADR PROCESSES

           Division 1 - Preliminary

   37.     Objects of pt 6
   38.     Application of pt 6

           Division 2 - Interpretation

   39.     ADR process
   40.     Mediation
   41.     Case appraisal

           Division 3 - ADR process

   42.     Parties may agree to ADR process
   43.     Court may refer dispute to ADR process
   44.     Parties must attend at ADR process if court orders
   45.     Procedure at case appraisal
   46.     Subpoenas
   47.     Party unable to pay share of costs

           Division 4 - At end of ADR process

   48.     Mediated resolution agreement
   49.     Documents to be filed
   50.     Orders giving effect to mediation agreement
   51.     Orders giving effect to case appraiser’s decision

           Division 5 - Protection, immunity and confidentiality

   52.     Ordinary protection and immunity allowed
   53.     Evidence from ADR process
   54.     Preservation of confidentiality

   PART 7 - COMPLIANCE WITH SUBPOENA ETC.

   55.     Non-attendance of individual witness
   56.     Non-attendance of corporation
   57.     Noncompliance is contempt of court

   PART 8 - INTEREST

   58.     Interest up to judgment
   59.     Interest after money order

   PART 9 - ASSESSMENT OF DAMAGES

   60.     Income tax reduction for loss of earnings award
   61.     Discount rate for lump sum award

   PART 10 - WRONGFUL DEATH PROCEEDINGS

   62.     Definitions for pt 10
   63.     Meaning of spouse
   64.     Liability for a death
   65.     One proceeding for benefit of members of deceased person’s family
   66.     Surviving proceeding other than by personal representative
   67.     Damages for spouse’s benefit
   68.     Damages for child’s benefit
   69.     Transitional application of assessment provisions
   70.     Amounts not to be taken into account in assessing damages

   PART 11 - PROVISIONS ABOUT SHIPS

   71.     Definitions for pt 11
   72.     Damages for personal injury
   73.     Right of contribution
   74.     Other damages
   75.     No statutory presumption of fault

   PART 12 - ASSESSORS AND REFEREES

           Division 1 - Assessors

   76.     Definitions for division
   77.     Protection and immunity for costs assessors and account assessors
   78.     Preservation of confidentiality
   79.     Preservation of privilege
   79AA.   Protection and immunity for trial assessors

           Division 2 - Referees

   79A.    Protection and immunity

   PART 13 - ENFORCEMENT

           Division 1 - Judgments

   80.     Judgment for detention of goods
   81.     Judgment for return of goods
   82.     Judgment for return of goods or payment of their value
   83.     Effect of money order

           Division 2 - Enforcement generally

   84.     Demand for compliance unnecessary
   85.     Interest recoverable on enforcement
   86.     Enforcement against partnership
   87.     Variation of order in partnership name
   88.     Enforcement against property of a business
   89.     Variation of order in relation to a business name

           Division 3 - Enforcement warrants

   90.     Enforcement warrant
   91.     Period of enforcement warrant
   92.     Payment under enforcement warrant
   93.     Securities held by enforcement officer
   94.     Redirection of joint funds
   95.     State debts
   96.     Redirection of partnership debts
   97.     Account with financial institution
   98.     Enforcement against a third person
   99.     Redirection of earnings—protection of employee

           Division 4 - Warrant for defendant’s arrest

   100.    Issue of warrant for defendant’s arrest

           Division 5 - Enforcement officers

   101.    Powers not impaired
   102.    No licence necessary for auction
   103.    Transfer to be executed

   PART 13A - REPRESENTATIVE PROCEEDINGS IN SUPREME COURT

           Division 1 - Preliminary

   103A.   Definitions for pt 13A

           Division 2 - Conduct of representative proceedings

   103B.   Starting proceeding
   103C.   Standing
   103D.   Whether consent required to be a group member
   103E.   Persons under a legal incapacity
   103F.   Originating process
   103G.   Right of group member to opt out
   103H.   Cause of action accruing after representative proceeding started
   103I.   Fewer than 7 group members
   103J.   Distribution costs excessive
   103K.   Discontinuance of proceeding in particular circumstances
   103L.   Effect of discontinuance order under this part
   103M.   Where not all issues are common
   103N.   Individual issues
   103O.   Directions for further proceedings
   103P.   Adequacy of representation
   103Q.   Stay of execution in particular circumstances
   103R.   Settlement and discontinuance
   103S.   Settlement of individual claim of representative party

           Division 3 - Notices

   103T.   When notice must be given
   103U.   Notice requirements

           Division 4 - Powers of the court

   103V.   Judgment
   103W.   Constitution etc. of fund
   103X.   Effect of judgment

           Division 5 - Appeals

   103Y.   Appeals

           Division 6 - Miscellaneous

   103Z.   Suspension of limitation periods
   103ZA.  General power of court to make orders
   103ZB.  Costs
   103ZC.  Reimbursement of representative party’s costs

   PART 14 - MISCELLANEOUS PROVISIONS

   104.    Grant of representation before proceeding
   105.    No grant of representation before proceeding
   106.    No new trial because of ruling about duty
   107.    Regulation-making power

   PART 15 - SAVING AND TRANSITIONAL PROVISIONS FOR CIVIL PROCEEDINGS ACT 2011

           Division 1 - Transitional provisions

   108.    Reference to s 48, Supreme Court Act 1995
   109.    (Expired)

           Division 2 - Saving provision relating to section 109
           110. Saving of operation of transitional regulation

   PART 16 - TRANSITIONAL PROVISION FOR LIMITATION OF ACTIONS (CHILD SEXUAL ABUSE) AND OTHER LEGISLATION AMENDMENT ACT 2016

   111.    Application of pt 13A

   PART 17 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019

   112.    Application of amended s 64

   PART 29 - REPEAL OF SUPREME COURT ACT 1995

   211.    Repeal of Supreme Court Act 1995
           SCHEDULE 1