Victorian Current Acts

CIVIL PROCEDURE ACT 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 4.1--CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF CIVIL PROCEEDINGS

   41.     Overarching obligations certification by parties on commencement of civil proceeding  
   42.     Proper basis certification  
   44.     Urgent filing of documents and certification  
   45.     Proceedings may be commenced or substantive documents filed 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.     Statement of issues  
   50A.    Use of statement of issues  
   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  
   55A.    Provision of all documents in party's possession to other party by consent  
   55B.    Affidavit of document management  
   55C.    Order for oral examination  
   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  

   PART 4.5--COURT POWERS AS TO COSTS

   65A.    Order to legal practitioner as to length and costs of trial   
   65B.    Order to legal practitioner as to length and costs of the proceeding  
   65C.    Other costs orders  
   65D.    Court may revoke or vary order or direction  
   65E.    Interaction with other powers of court  

   PART 4.6--EXPERT WITNESSES AND EXPERT EVIDENCE

   65F.    Objects of this Part  
   65G.    Party to seek direction of court to adduce expert evidence  
   65H.    Court may give directions in relation to expert evidence  
   65I.    Court may give directions to expert witnesses—conferences and joint experts reports  
   65J.    Use of conference of experts and joint experts reports in proceeding  
   65K.    Court may give direction about giving of evidence, including concurrent evidence, by expert witnesses  
   65L.    Single joint experts  
   65M.    Court appointed experts  
   65N.    Instructions to single joint expert or court appointed expert  
   65O.    Prohibition on other expert evidence without leave  
   65P.    Disclosure of retainer arrangements  
   65Q.    Interaction with other powers 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

           Division 1--Transitional provisions--Civil Procedure Act 2010

   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  

           Division 2--Transitional provisions--Civil Procedure Amendment Act 2012

   80.     Costs  
   81.     Expert witnesses and expert evidence  
   82.     Overarching obligations certification and proper basis certification requirements  
   83.     Power to resolve transitional difficulties in civil proceedings  

           Division 3--Transitional provisions--Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014

   85.     Application of amendments made by Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014  
   86.     Power to resolve transitional difficulties in proceeding  
           ENDNOTES