Civil Procedure Act 2010 (Vic)

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Version No. 021

Civil Procedure Act 2010

No. 47 of 2010

Version incorporating amendments as at


29 November 2021

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

1Purposes

2Commencement

3Definitions

4Application of this Act

5Act binds the Crown

6Charter and privilege not overridden

Chapter 2—Overarching purpose and overarching obligations

Part 2.1—Overarching purpose

7Overarching purpose

8Court to give effect to overarching purpose

9Court's powers to further the overarching purpose

Part 2.2—Application of the overarching obligations

10Application of overarching obligations—participants

11Application of overarching obligations—civil proceedings

12Overarching obligations prevail over certain other obligations and duties

13Overarching obligations and legal practitioners

14Legal practitioner or law practice not to cause client to contravene overarching obligations

15Legal practitioner's duty to court not overridden

Part 2.3—The overarching obligations

16Paramount duty

17Overarching obligation to act honestly

18Overarching obligation—requirement of proper basis

19Overarching obligation to only take steps to resolve or determine dispute

20Overarching obligation to cooperate in the conduct of civil proceeding

21Overarching obligation not to mislead or deceive

22Overarching obligation to use reasonable endeavours to resolve dispute

23Overarching obligation to narrow the issues in dispute

24Overarching obligation to ensure costs are reasonable and proportionate

25Overarching obligation to minimise delay

26Overarching obligation to disclose existence of documents

27Protection and use of information and documents disclosed under overarching obligation in section 26

Part 2.4—Sanctions for contravening the overarching obligations

28Court may take contravention of overarching obligations into account

29Court may make certain orders

30Applications for orders under section 29

31Extension of time for application

Chapter 4—Commencement and conduct of civil proceedings

Part 4.1—Certification requirements on commencement of civil proceedings

41Overarching obligations certification by parties on commencement of civil proceeding

42Proper basis certification

44Urgent filing of documents and certification

45Proceedings may be commenced or substantive documents filed despite failure to certify

46Court may take failure to comply into account

Part 4.2—Case management

47Judicial powers of case management—overarching purpose and active case management

48Court's power to order and direct pre-trial procedures

49Court's power to order and direct trial procedures and conduct of hearing

50Statement of issues

50AUse of statement of issues

51Contravention of orders or directions under this Part

52Court may revoke or vary direction or order

53Interaction with other powers of court

Part 4.3—Disclosure and discovery

54Discovery of documents to be in accordance with rules of court

55Court orders for discovery

55AProvision of all documents in party's possession to other party by consent

55BAffidavit of document management

55COrder for oral examination

56Court may order sanctions

57Cross-examination regarding discovery obligations

58Interaction with Evidence (Miscellaneous Provisions) Act 1958

59Interaction with rules of court

Part 4.4—Summary judgment

60References to defendant and plaintiff in this Part

61Plaintiff may apply for summary judgment in proceeding

62Defendant may apply for summary judgment in proceeding

63Summary judgment if no real prospect of success

64Court may allow a matter to proceed to trial

65Interaction with rules of court

Part 4.5—Court powers as to costs

65AOrder to legal practitioner as to length and costs of trial

65BOrder to legal practitioner as to length and costs of the proceeding

65COther costs…

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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.