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CIVIL PROCEEDINGS ACT 2011 - As at 1 March 2023 - Act 45 of 2011

- As at 1 March 2023 - Act 45 of 2011

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Application
  • 4 Dictionary
  • 5 Meaning of court
  • 6 Act binds all persons

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

  • 13 Power to make orders
  • 14 Power to impose appropriate conditions
  • 15 Power to award costs

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

  • 37 Objects of pt 6
  • 38 Application of pt 6

Division 2 - Interpretation

  • 39 ADR process
  • 40 Mediation
  • 41 Case appraisal

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

  • 58 Interest up to judgment
  • 59 Interest after money order

PART 9 - ASSESSMENT OF DAMAGES

  • 60 Income tax reduction for loss of earnings award
  • 61 Discount rate for lump sum award

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

  • 101 Powers not impaired
  • 102 No licence necessary for auction
  • 103 Transfer to be executed

PART 13A - REPRESENTATIVE PROCEEDINGS IN SUPREME COURT

Division 1 - Preliminary

Division 2 - Conduct of representative proceedings

Division 3 - Notices

  • 103T When notice must be given
  • 103U Notice requirements

Division 4 - Powers of the court

Division 5 - Appeals

Division 6 - Miscellaneous

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

  • 108 Reference to s 48, Supreme Court Act 1995
  • 109 (Expired)

Division 2 - Saving provision relating to section 109

110. Saving of operation of transitional regulation

PART 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

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