Untitled document

Civil Procedure and Legal Profession Amendment Act 2011

No. 1 of 2011

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Civil Procedure Act 2010

3Purposes amended

4Definitions

5Application of this Act—statute law revision

6Court's powers to further the overarching purpose

7Chapter 3—Before a Civil Proceeding Commences

8Pre-litigation requirements compliance certification by parties
or legal practitioner

9Judicial powers of case management—overarching purposes
and active case management

10Rules of court

Part 3—Amendment of Legal Profession Act 2004

11Manner of application and fees

Part 4—Repeal of amending Act

12Repeal of Amending Act

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Endnotes

Civil Procedure and Legal Profession Amendment Act 2011

No. 1 of 2011

[Assented to 29 March 2011]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Civil Procedure Act 2010 to repeal Chapter 3 and other provisions relating to pre-litigation requirements; and

(b)to amend section 2.4.9(1) of the Legal Profession Act 2004 to remove the requirement for a declaration made under that section to be a statutory declaration.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Part 2—Amendment of Civil Procedure Act 2010

3Purposes amended

In section 1 of the Civil Procedure Act 2010—

(a)in subsection (1)(a) omit "the resolution of civil disputes which may lead to civil proceedings and to";

(b)subsection (2)(b) is repealed.

4Definitions

(1)In section 3 of the Civil Procedure Act 2010, in the definition of appropriate dispute resolution—

(a)omit "a person involved in a civil dispute or";

(b)omit "the civil dispute or".

(2)In section 3 of the Civil Procedure Act 2010, the definitions of civil dispute, pre-litigation requirements and pre-litigation requirements compliance certification are repealed.

5Application of this Act—statute law revision

In section 4(1) of the Civil Procedure Act 2010 for "subsections (2) and (3)" substitute "this section".

6Court's powers to further the overarching purpose

In section 9(2)(a) of the Civil Procedure Act 2010 for "the pre-litigation requirements or any other" substitute "any".

7Chapter 3—Before a Civil Proceeding Commences

Chapter 3 of the Civil Procedure Act 2010 is repealed.

8Pre-litigation requirements compliance certification by parties or legal practitioner

Section 43 of the Civil Procedure Act 2010 is repealed.

9Judicial powers of case management—overarching purposes and active case management

In section 47(3)(b) of the Civil Procedure Act 2010 for "the pre-litigation requirements" substitute "any mandatory or voluntary

pre‑litigation processes".

10Rules of court

(1)Section 70(1)(b) of the Civil Procedure Act 2010 is repealed.

(2)For section 70(1)(c) of the Civil Procedure Act 2010 substitute—

"(c)specific protocols for civil proceedings or classes of civil proceeding including, but not limited to, mandatory or voluntary pre‑litigation processes for specified civil proceedings or specified classes of civil proceeding;".

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Part 3—Amendment of Legal Profession Act 2004

11Manner of application and fees

In section 2.4.9(1)(b)(iii) of the Legal Profession Act 2004 omit "statutory".

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Part 4—Repeal of Amending Act

12Repeal of Amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 10 February 2011

Legislative Council: 3 March 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Civil Procedure Act 2010 to repeal the pre-litigation requirements and make related amendments, to make a minor amendment to the Legal Profession Act 2004 and for other purposes."