CIVIL PROCEDURE ACT 2005 - As at 5 December 2023 - Act 28 of 2005

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Application of Parts 3-10
• 5 Jurisdiction of courts
• 6 Repeals, amendments and savings provisions
• 7 Review of Act

PART 2 - ADMINISTRATIVE MATTERS

Division 1 - Rules, practice notes and forms

• 8 Uniform Rules Committee
• 9 Uniform rules
• 10 Rules of court taken to include uniform rules
• 11 Relationship between uniform rules and local rules
• 12 Officers of the court may exercise functions conferred by uniform rules
• 13 Officers of the court may be authorised to exercise court's functions
• 14 Court may dispense with rules in particular cases
• 15 Practice notes
• 16 Court may give directions in circumstances not covered by rules
• 17 Forms

Division 2 - Miscellaneous

• 18 Fees
• 18A Interest and dividends on money paid into court

PART 2A - (Repealed)

PART 3 - COMMENCING AND CARRYING ON PROCEEDINGS GENERALLY

• 19 Commencing and carrying on proceedings
• 20 Claims for possession of land
• 21 Defendant's right to set-off
• 22 Defendant's right to cross-claim
• 23 Effect of abandoning excess claim
• 24 Effect of splitting cause of action

PART 4 - MEDIATION OF PROCEEDINGS

• 25 Definitions
• 26 Referral by court
• 27 Duty of parties to participate
• 28 Costs of mediation
• 29 Agreements and arrangements arising from mediation sessions
• 30 Privilege
• 31 Confidentiality
• 32 Directions by mediator
• 33 Protection from liability for mediator
• 34 Mediation otherwise than under this Part

PART 5 - ARBITRATION OF PROCEEDINGS

Division 1 - Preliminary

• 35 Definitions
• 36 Appointment to office as arbitrator
• 37 Jurisdiction of arbitrator

Division 2 - Arbitration

• 38 Referral to arbitration
• 39 Determination by arbitrator
• 40 Award taken to be judgment of court
• 41 Judicial supervision of arbitrator

Division 3 - Rehearings

• 42 Application for rehearing
• 43 Order for rehearing
• 44 Rehearing
• 45 Discontinuance of rehearing
• 46 Costs of rehearing
• 47 Subpoena at rehearing against arbitrator

Division 4 - Miscellaneous

• 48 Appearances
• 49 Procedure
• 50 Issue of subpoenas
• 51 Evidence
• 52 Refusal or failure to take oath etc
• 53 Contempt
• 54 Costs
• 55 Protection from liability for arbitrator

PART 6 - CASE MANAGEMENT AND INTERLOCUTORY MATTERS

Division 1 - Guiding principles

• 56 Overriding purpose
• 57 Objects of case management
• 58 Court to follow dictates of justice
• 59 Elimination of delay
• 60 Proportionality of costs

Division 2 - Powers of court to give directions

• 61 Directions as to practice and procedure generally
• 62 Directions as to conduct of hearing
• 63 Directions with respect to procedural irregularities

Division 3 - Other powers of court

• 64 Amendment of documents generally
• 65 Amendment of originating process after expiry of limitation period
• 66 Adjournment of proceedings
• 67 Stay of proceedings
• 68 Attendance at court and production of documents and things to court
• 69 Affidavits and witness statements may be read in advance of hearing
• 70 Informal proof and admissions
• 71 Business in the absence of the public
72. (Repealed)
• 73 Power of court to determine questions about compromises and settlements

Division 4 - Persons under legal incapacity

• 74 Definitions and application
• 75 Settlement of claim made on behalf of, or against, person under legal incapacity
• 76 Settlement of proceedings commenced by or on behalf of, or against, person under legal incapacity
• 77 Payment of money recovered on behalf of person under legal incapacity
• 78 Application of money by NSW Trustee and Guardian
• 79 Application of money by manager of protected person's estate
• 80 Directions to tutor of person under legal incapacity

Division 5 - Interim payments

• 81 Definitions and application
• 82 Court may order interim payments
• 83 Interim payment not admission of liability
• 84 Adjustments on final judgment etc

Division 6 - Miscellaneous

• 85 Examination on oath
• 86 Orders
• 87 Protection against self-incrimination in relation to interlocutory matters
• 88 Fresh trial
• 89 Procedure on fresh trial

PART 7 - JUDGMENTS AND ORDERS

Division 1 - Judgments and orders generally

• 90 Judgments generally
• 91 Effect of dismissal of proceedings
• 92 Judgments for possession of land
• 93 Judgments for detention of goods
• 94 Failure to comply with order to execute instrument
• 95 Joint liability
• 96 Set-off of judgments
• 97 Arrest warrants

Division 2 - Costs in proceedings

• 98 Courts powers as to costs
• 99 Liability of legal practitioner for unnecessary costs

Division 3 - Payment of interest

• 100 Interest up to judgment
• 101 Interest after judgment

PART 8 - ENFORCEMENT OF JUDGMENTS AND ORDERS

Division 1 - Preliminary

• 102 Definitions
• 103 Enforcement of judgments generally
• 104 Judgments for possession of land
• 105 Judgments for delivery of goods
• 106 Judgments for payment of money
• 107 Deferred payment and payment by instalments
• 108 Order for examination

Division 2 - Writs for the levy of property

• 109 Effect of writ of execution on goods
• 110 How goods subject to conditional bill of sale to be dealt with
• 111 How securities to be dealt with
Subdivision 2 - Enforcement against land
• 112 Effect of judgment and writ of execution on land
• 113 Sale or mortgage by judgment debtor of land affected by order
• 114 Entry onto land for purposes of sale by auction
Subdivision 3 - General
• 115 Effect of sale of property
• 115A Notice of writ
• 116 Effect of expiry of writ

Division 3 - Garnishee orders

• 117 Operation of garnishee order in relation to debts
• 118 Time within which payment to be made
• 118A Minimum account balance of judgment debtor
Subdivision 2 - Enforcement against wages or salary
• 119 Operation of garnishee order in relation to income
• 120 Time within which payment to be made
• 121 Maximum payment under one of several concurrent garnishee orders
• 122 Maximum total payment under all garnishee orders
Subdivision 2A - Enforcement by owners corporations against rent
• 122A Definitions
• 122B Application of Subdivision
• 122C Operation of garnishee order in relation to rental income
• 122D Time within which payment to be made
• 122E Minimum income of judgment debtor
Subdivision 3 - General
• 123 Payments by garnishee
• 124 Procedure where garnishee order not complied with
• 124A Variation, suspension or repayment of payments under garnishee orders
• 125 Repayment of excess amounts

Division 4 - Charging orders

• 126 Operation of charging order in relation to specified security interests
• 127 Unauthorised transfer or disposal of security interest under charging order
• 128 Disposal of security interest by judgment debtor invalid

Division 5 - Miscellaneous

• 129 No arrest on mesne process
• 130 Judgments not enforceable by certain means
• 131 Committal for contempt
• 132 Sheriff may appoint custodian for goods
• 133 Judgments and orders unenforceable until entered
• 134 Stale judgments and orders enforceable only by leave
• 135 Directions as to enforcement
• 136 Appropriation of payments towards judgment debt
• 137 Execution of judgments and orders for costs
• 138 Other methods of enforcing judgments

PART 9 - TRANSFER OF PROCEEDINGS BETWEEN COURTS

Division 1 - Transfer of proceedings from lower to higher court

• 139 Definitions
• 140 Transfer of proceedings to higher court
• 141 Transfer orders
• 142 Stay of proceedings in lower court
• 143 Proceedings after transfer
• 144 Transfer of certain proceedings from District Court to Supreme Court

Division 2 - Transfer of proceedings from higher to lower court

• 145 Definitions
• 146 Transfer of proceedings to lower court
• 147 Transfer orders
• 148 Proceedings after transfer
• 149 Jurisdiction of lower court

Division 2A - Transfer of proceedings between Supreme Court and Land and Environment Court

• 149A Definitions
• 149B Transfer of proceedings between Supreme Court and Land and Environment Court
• 149C Transfer orders
• 149D Proceedings after transfer
• 149E Jurisdiction of transferee court

Division 3 - (Repealed)

PART 10 - REPRESENTATIVE PROCEEDINGS IN SUPREME COURT

Division 1 - Preliminary

• 155 Definitions
• 156 Application

Division 2 - Commencement of representative proceedings

• 157 Commencement of representative proceedings
• 158 Standing
• 159 Is consent required to be a group member?
• 160 Persons under legal incapacity
• 161 Originating process
• 162 Right of group member to opt out
• 163 Causes of action accruing after commencement of representative proceedings
• 164 Situation where fewer than 7 group members
• 165 Distribution costs excessive
• 166 Court may order discontinuance of proceedings in certain circumstances
• 167 Effect of discontinuance order under this Part
• 168 Determination of questions where not all common
• 169 Individual questions
• 170 Directions relating to commencement of further proceedings
• 171 Adequacy of representation
• 172 Stay of execution in certain circumstances
• 173 Approval of Court required for settlement and discontinuance
• 174 Settlement of individual claim of representative party

Division 3 - Notices

• 175 Notice to be given of certain matters
• 176 Notices under section 175

Division 4 - Powers of the Court

• 177 Judgment--powers of the Court
• 178 Constitution etc of fund
• 179 Effect of judgment

Division 5 - Appeals

• 180 Appeals

Division 6 - Miscellaneous

• 181 Costs
• 182 Suspension of limitation periods
• 183 General power of Court to make orders
• 184 Reimbursement of representative party's costs
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
Schedule 5 (Repealed)
• SCHEDULE 6
Schedule 7 (Repealed)