CIVIL PROCEEDINGS ACT 2011 - As at 1 March 2023 - Act 45 of 2011
CIVIL PROCEEDINGS ACT 2011
- As at 1 March 2023
- Act 45 of 2011
TABLE OF PROVISIONS
Long Title
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
100. Issue of 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
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
103T. When notice must be given
103U. Notice requirements
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
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
112. Application of amended s 64
PART 29 - REPEAL OF SUPREME COURT ACT 1995
211. Repeal of Supreme Court Act 1995
SCHEDULE 1
