COURT PROCEDURES ACT 2004
COURT PROCEDURES ACT 2004
TABLE OF PROVISIONS
Long Title
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
SCHEDULE 1
DICTIONARY
ENDNOTES
