COURT PROCEDURES ACT 2004
Table of Provisions
PART 1--PRELIMINARY
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
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
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