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COURT PROCEDURES ACT 2004

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Objects of Act  
  • 5A Main purpose of civil procedure provisions  

PART 2--COURT RULES AND FORMS

  • 6 Definition for pt 2 and sch 1  
  • 7 Rule-making power  
  • 8 Approved forms  
  • 9 Rule-making committee  
  • 10 Delegation by Chief Justice and Chief Magistrate  
  • 11 Advisory committee  

PART 2A--CHIEF EXECUTIVE OFFICER OF COURTS

  • 11A Appointment of chief executive officer  
  • 11B Administrative functions of chief executive officer  
  • 11BA Delegation by chief executive officer  
  • 11BB Leave of absence  
  • 11BC Chief executive officer must not do other work  
  • 11BD Disclosure of interests  
  • 11C Ending chief executive officer's appointment  
  • 11D Chief executive officer not to direct registrars in relation to court  
  • 11E Consultants  

PART 3--COURT AND TRIBUNAL FEES

Division 3.1--Fees generally

  • 12 Definitions—pt 3  
  • 13 Determination of fees  
  • 14 Payment of fees  
  • 15 Remission, refund, deferral, waiver and exemption of fees  
  • 16 Recovery of fees in civil proceedings if fees not otherwise payable  
  • 17 Recovery of fees in criminal proceedings if fees not otherwise  

Division 3.2--Review of decisions—fees

  • 18 Meaning of reviewable decision—div 3.2  
  • 18A Reviewable decisions—court  
  • 18B Reviewable decisions—ACAT  
  • 18C No fee for review by court or ACAT  

PART 4--CROWN PROCEEDINGS

Division 4.1--Preliminary

  • 20 Definitions—pt 4  

Division 4.2--Proceedings by and against Crown generally

  • 21 Proceedings by and against the Crown generally  
  • 22 Immunities and limitations of liability  
  • 23 Corresponding laws of States and other Territories  
  • 24 Injunctive relief  
  • 25 Protection of confidentiality on grounds of public interest  
  • 26 Right of Attorneys-General of other jurisdictions to appear in  
  • 27 Right of Attorney-General to intervene in proceedings  
  • 28 Fees and charges in proceedings  
  • 29 Enforcement of judgments against Territory Crown  
  • 30 Enforcement of judgments against Crown in right of a State or another  
  • 31 Enforcement of judgments by the Crown  

Division 4.3--Provisions applying only to the Territory

  • 32 Endorsement etc of originating process  
  • 33 Service generally  
  • 34 Service of subpoenas etc on Ministers  
  • 35 Representation if right to legal representation restricted  

Division 4.4--Other provisions

  • 36 Exclusion of certain proceedings  
  • 37 Regulations for pt 4  

PART 5--COURT SECURITY

  • 40 Definitions—pt 5  
  • 41 Right of entry etc to court premises  
  • 42 Powers under part additional to other powers  
  • 43 Security officer to be identified before exercising powers  
  • 44 Person may be required to state name etc  
  • 45 Searches  
  • 46 Seizure and forfeiture of firearms etc  
  • 47 Security officer may require thing that may hide firearms etc to be  
  • 48 Unlawful, disorderly conduct etc  
  • 49 Contravention of requirement of security officer  
  • 50 Judge, magistrate or presidential member may close court premises  
  • 51 Security officers  
  • 52 Identity cards for security officers  

PART 5A--MEDIATION

  • 52A Definitions—pt 5A  
  • 52B Admissibility of information given at mediation  
  • 52C Secrecy  
  • 52D Protection of accredited mediator from liability  

PART 6--PROCEDURAL PROVISIONS--ALL PROCEEDINGS

  • 53 Application—pt 6  
  • 54 No distinction between court and chambers  

PART 6A--PROCEDURAL PROVISIONS--CRIMINAL PROCEEDINGS

  • 55 Provision of interpreters  

PART 7--PROCEDURAL PROVISIONS--CIVIL PROCEEDINGS

  • 60 Application—pt 7  
  • 61 Counterclaims and third parties  
  • 62 Injunctions  
  • 63 Receivers  
  • 64 Rules of practice and procedure—judicial discretion  
  • 65 Appearance by lawyer  
  • 66 Non-appearance or absence of some defendants  
  • 67 Amendment of defects  
  • 68 Formal defects to be amended  

PART 7A--PROCEDURAL PROVISIONS--PROCEEDINGS INVOLVING CHILDREN OR YOUNG PEOPLE

Division 7A--.1 General

  • 68A Definitions—pt 7A and div 7A.1  
  • 69 Childrens Court procedure  
  • 71 When parents must attend court proceedings  
  • 72 Court proceedings involving children or young people not open to public  
  • 73 Court may excuse parties from attending proceedings  
  • 74 Certain related applications may be heard together  
  • 74A Participation of children and young people in proceedings  
  • 74B Court must ensure children and young people etc understand proceedings  
  • 74C Director-general, public advocate and Aboriginal and Torres Strait Islander children and young  
  • 74D Court may order report about young person  
  • 74E Children and young people may have legal and other representative  
  • 74F Leave needed for litigation guardian  
  • 74G Legal representation of children and young people  
  • 74H Orders about legal representation of children and young people—all proceedings  
  • 74I Rule-making committee and court to have regard to youth justice  

Division 7A--.2 Care and protection considerations in proceedings

  • 74K Proceedings dismissed or adjourned for care and protection reasons  
  • 74L Director-general must report to court, public advocate and Aboriginal and Torres Strait Islander  
  • 74M Court action after adjournment  

PART 7B--PROCEDURAL PROVISIONS--INDUSTRIAL OR WORK SAFETY MATTERS

  • 74N Industrial Court procedure  

PART 8--SUPREME COURT--CRIMINAL PROCEEDINGS

Division 8.1--Supreme Court criminal proceedings—preliminary

  • 75 Application—pt 8  

Division 8.2--Trial on indictment

  • 76 Supreme Court jurisdiction to make orders for conduct of indictable  

Division 8.3--Pre-trial disclosure of expert evidence

  • 77 Application—div 8.3  
  • 78 Mandatory pre-trial disclosure—expert evidence  
  • 79 Prosecution notice—expert evidence  
  • 79A Accused person's notice and reply—expert evidence  
  • 79B Prosecution reply—expert evidence  
  • 79C Sanctions for non-compliance with pre-trial disclosure requirements  
  • 79D Disclosure requirement is ongoing  
  • 79E Court may waive requirements  
  • 79F Miscellaneous provision  

PART 9--MISCELLANEOUS

  • 80 Assignment of earnings not enforceable  
  • 81 Court may inquire into truth of return of writ  
  • 82 Delegation by secretary of rule-making committee  
  • 83 Regulation-making power  

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