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…