CIVIL PROCEEDINGS ACT 2011 - As at 1 March 2023 - Act 45 of 2011
- As at 1 March 2023 - Act 45 of 2011Table of Provisions
PART 1 - PRELIMINARY
PART 2 - LAW AND EQUITY
- 7 Concurrent administration of law and equity
- 8 Equitable damages
- 9 Injunction
- 10 Declaratory order
- 11 Order to fulfil duty
- 12 Order to appoint receiver
PART 3 - ORDERS
Division 1 - Orders generally
Division 2 - Particular orders
- 16 Amendment for new cause of action or party
- 17 Interested person may become a party and may be bound by outcome
- 18 Order binds persons who are represented
- 19 Interpleader orders
- 20 Set-off
- 21 Abatement of proceedings
- 22 Dismissal of proceedings for want of prosecution
- 23 Effect of default judgment given by registrar
- 24 Discharge of lien or security
PART 4 - TRANSFER OF PROCEEDINGS
- 25 Transfer by Supreme Court—general
- 26 Transfer by District Court—general
- 27 Transfer because of amendment
- 28 Transfer because claim beyond jurisdiction
- 29 Transfer because counterclaim beyond jurisdiction
- 30 Copy of order and filed documents
- 31 Power of court to which proceeding transferred
- 32 Limitation periods
- 33 Costs
PART 5 - CONFERENCES
- 34 Definition for pt 5
- 35 Resolution agreement
- 36 Evidence from relevant conference
PART 6 - ADR PROCESSES
Division 1 - Preliminary
Division 2 - Interpretation
Division 3 - ADR process
- 42 Parties may agree to ADR process
- 43 Court may refer dispute to ADR process
- 44 Parties must attend at ADR process if court orders
- 45 Procedure at case appraisal
- 46 Subpoenas
- 47 Party unable to pay share of costs
Division 4 - At end of ADR process
- 48 Mediated resolution agreement
- 49 Documents to be filed
- 50 Orders giving effect to mediation agreement
- 51 Orders giving effect to case appraiser’s decision
Division 5 - Protection, immunity and confidentiality
- 52 Ordinary protection and immunity allowed
- 53 Evidence from ADR process
- 54 Preservation of confidentiality
PART 7 - COMPLIANCE WITH SUBPOENA ETC.
- 55 Non-attendance of individual witness
- 56 Non-attendance of corporation
- 57 Noncompliance is contempt of court
PART 8 - INTEREST
PART 9 - ASSESSMENT OF DAMAGES
PART 10 - WRONGFUL DEATH PROCEEDINGS
- 62 Definitions for pt 10
- 63 Meaning of spouse
- 64 Liability for a death
- 65 One proceeding for benefit of members of deceased person’s family
- 66 Surviving proceeding other than by personal representative
- 67 Damages for spouse’s benefit
- 68 Damages for child’s benefit
- 69 Transitional application of assessment provisions
- 70 Amounts not to be taken into account in assessing damages
PART 11 - PROVISIONS ABOUT SHIPS
- 71 Definitions for pt 11
- 72 Damages for personal injury
- 73 Right of contribution
- 74 Other damages
- 75 No statutory presumption of fault
PART 12 - ASSESSORS AND REFEREES
Division 1 - Assessors
- 76 Definitions for division
- 77 Protection and immunity for costs assessors and account assessors
- 78 Preservation of confidentiality
- 79 Preservation of privilege
- 79AA Protection and immunity for trial assessors
Division 2 - Referees
- 79A Protection and immunity
PART 13 - ENFORCEMENT
Division 1 - Judgments
- 80 Judgment for detention of goods
- 81 Judgment for return of goods
- 82 Judgment for return of goods or payment of their value
- 83 Effect of money order
Division 2 - Enforcement generally
- 84 Demand for compliance unnecessary
- 85 Interest recoverable on enforcement
- 86 Enforcement against partnership
- 87 Variation of order in partnership name
- 88 Enforcement against property of a business
- 89 Variation of order in relation to a business name
Division 3 - Enforcement warrants
- 90 Enforcement warrant
- 91 Period of enforcement warrant
- 92 Payment under enforcement warrant
- 93 Securities held by enforcement officer
- 94 Redirection of joint funds
- 95 State debts
- 96 Redirection of partnership debts
- 97 Account with financial institution
- 98 Enforcement against a third person
- 99 Redirection of earnings—protection of employee
Division 4 - Warrant for defendant’s arrest
Division 5 - Enforcement officers
PART 13A - REPRESENTATIVE PROCEEDINGS IN SUPREME COURT
Division 1 - Preliminary
- 103A Definitions for pt 13A
Division 2 - Conduct of representative proceedings
- 103B Starting proceeding
- 103C Standing
- 103D Whether consent required to be a group member
- 103E Persons under a legal incapacity
- 103F Originating process
- 103G Right of group member to opt out
- 103H Cause of action accruing after representative proceeding started
- 103I Fewer than 7 group members
- 103J Distribution costs excessive
- 103K Discontinuance of proceeding in particular circumstances
- 103L Effect of discontinuance order under this part
- 103M Where not all issues are common
- 103N Individual issues
- 103O Directions for further proceedings
- 103P Adequacy of representation
- 103Q Stay of execution in particular circumstances
- 103R Settlement and discontinuance
- 103S Settlement of individual claim of representative party
Division 3 - Notices
Division 4 - Powers of the court
- 103V Judgment
- 103W Constitution etc. of fund
- 103X Effect of judgment
Division 5 - Appeals
- 103Y Appeals
Division 6 - Miscellaneous
- 103Z Suspension of limitation periods
- 103ZA General power of court to make orders
- 103ZB Costs
- 103ZC Reimbursement of representative party’s costs
PART 14 - MISCELLANEOUS PROVISIONS
- 104 Grant of representation before proceeding
- 105 No grant of representation before proceeding
- 106 No new trial because of ruling about duty
- 107 Regulation-making power
PART 15 - SAVING AND TRANSITIONAL PROVISIONS FOR CIVIL PROCEEDINGS ACT 2011
Division 1 - Transitional provisions
Division 2 - Saving provision relating to section 109
110. Saving of operation of transitional regulationPART 16 - TRANSITIONAL PROVISION FOR LIMITATION OF ACTIONS (CHILD SEXUAL ABUSE) AND OTHER LEGISLATION AMENDMENT ACT 2016
- 111 Application of pt 13A
PART 17 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019
PART 29 - REPEAL OF SUPREME COURT ACT 1995
- 211 Repeal of Supreme Court Act 1995