Civil Procedure Act 2005 (NSW)

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Does not include amendments by—

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.13 (not commenced)

An Act with respect to practice and procedure in civil proceedings.

Part 1Preliminary1Name of Act

This Act is the Civil Procedure Act 2005.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, subject to this section.

(2)

Schedule 5.3 [1], [2] and [3], 5.15 [4], 5.17 [3] and 5.30 [8] commence on the commencement of section 3, or on the commencement of Part 3.2 of the Legal Profession Act 2004, whichever is the later.

(3)

Schedule 5.3 [4] commences on the commencement of section 9.

(4)

Schedule 5.43 and 5.44 commence on the commencement of section 18.

(5)

Different days may be appointed for the commencement of a single provision of Schedule 4 or 5 for the purpose of commencing the repeals or amendments effected by the provision on different days.

3Definitions(1)

In this Act—

civil proceedings means any proceedings other than criminal proceedings.

claim for relief includes—

  • (a)

    a claim for possession of land, and

  • (b)

    a claim for delivery of goods, and

  • (c)

    a claim for the recovery of damages or other money, and

  • (d)

    a claim for a declaration of right, and

  • (e)

    a claim for the determination of any question or matter that may be determined by the court, and

  • (f)

    any other claim (whether legal, equitable or otherwise) that is justiciable in the court.

costs, in relation to proceedings, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration.

court includes tribunal.

criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following—

  • (a)

    committal proceedings,

  • (b)

    proceedings relating to bail,

  • (c)

    proceedings relating to sentence,

  • (d)

    proceedings on an appeal against conviction or sentence.

cross-claim means a claim by a defendant for the grant of relief under section 22.

defendant means a person against whom proceedings are commenced, and includes a person against whom a cross-claim is made.

exercise a function includes perform a duty.

function includes power, authority and duty.

hearing includes both trial and interlocutory hearing.

judgment includes any order for the payment of money, including any order for the payment of costs.

judgment creditor means the person to whom a judgment debt is payable.

judgment debt includes—

  • (a)

    any amount payable under a judgment, and

  • (b)

    any interest after judgment that is payable on that amount under section 101, and

  • (c)

    any other amount payable under rules of court without the need for a judgment.

judgment debtor means the person by whom a judgment debt is payable.

judicial officer has the same meaning as it has in the Judicial Officers Act 1986.

jurisdictional limit means—

  • (a)

    in relation to the District Court, the jurisdictional limit of that Court within the meaning of the District Court Act 1973, and

  • (b)

    in…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.