New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005

- As at 4 April 2017
- 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 - Fees

   18.     Fees

   PART 2A - (Repealed)
   None

   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

              Subdivision 1 - Enforcement against goods and securities

   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
   116.    Effect of expiry of writ

           Division 3 - Garnishee orders

              Subdivision 1 - Enforcement against debts

   117.    Operation of garnishee order in relation to debts
   118.    Time within which payment to be made

              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
   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)
           None

   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)


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