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CIVIL PROCEDURE ACT 2010 - SECT 83 Power to resolve transitional difficulties in civil proceedings

CIVIL PROCEDURE ACT 2010 - SECT 83

Power to resolve transitional difficulties in civil proceedings

    (1)     If any difficulty arises because of the operation of this Division or any amendments made to this Act by the Civil Procedure Amendment Act 2012 in relation to a civil proceeding to which this Division applies, a court may make any order it considers appropriate to resolve the difficulty.

    (2)     An order made under subsection (1)—

        (a)     may be made on application of a party to the proceeding or on the court's own motion, as the case requires; and

        (b)     has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).

New s. 84

inserted by No. 62/2012 s. 21, repealed by No. 47/2010 s. 84(4).

    *     *     *     *     *

Ch. 6 Pt 6.2 Div. 3 (Heading and ss 85–87) inserted by No. 25/2014 s. 8.

Division 3—Transitional provisions—Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014

New s. 85 inserted by No. 25/2014 s. 8.