Civil Procedure and Legal Profession Amendment Act 2011
No. 1 of 2011
table of provisions
SectionPage
ClausePage
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
1
ClausePage
Victoria
1
ClausePage
1
ClausePage
Civil Procedure and Legal Profession Amendment Act 2011[†]
No. 1 of 2011
[Assented to 29 March 2011]
1
Civil Procedure and Legal Profession Amendment Act 2011
No. 1 of 2011
1
571021B.I-8/2/2011BILL LA INTRODUCTION 8/2/2011
Civil Procedure and Legal Profession Amendment Act 2011
No. 1 of 2011
The Parliament of Victoriaenacts:
1
571021B.I-8/2/2011BILL LA INTRODUCTION 8/2/2011
Part 4—Repeal of Amending Act
Civil Procedure and Legal Profession Amendment Act 2011
No. 1 of 2011
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
s. 2
This Act comes into operation on the day after the day on which it receives the Royal Assent.
______
Part 2—Amendment of Civil Procedure Act 2010
3Purposes amended
s. 3
See:
Act No.
47/2010.
LawToday:
www.
legislation.
vic.gov.au
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(b)subsection (2)(b) is repealed.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definitions of civil dispute, pre-litigation requirements and pre-litigation requirements compliance certification are repealed.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 2010for "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 2010is repealed.
8Pre-litigation requirements compliance certification by parties or legal practitioner
Section 43 of the Civil Procedure Act 2010is repealed.
9Judicial powers of case management—overarching purposes and active case management
s. 9
In section 47(3)(b) of the Civil Procedure Act 2010for "the pre-litigation requirements" substitute "any mandatory or voluntary
prelitigation processes".
10Rules of court
(1)Section 70(1)(b) of the Civil Procedure Act 2010is repealed.
(2)For section 70(1)(c) of the Civil Procedure Act 2010substitute—
"(c)specific protocols for civil proceedings or classes of civil proceeding including, but not limited to, mandatory or voluntary prelitigation 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
s. 11
See:
Act No.
99/2004.
Reprint No. 3
as at
21 May 2009
and amending
Act Nos 78/2008,
68/2009, 74/2009, 13/2010 and 64/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 2.4.9(1)(b)(iii) of the Legal Profession Act 2004omit "statutory".
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Part 4—Repeal of Amending Act
12Repeal of Amending Act
s. 12
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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1
Civil Procedure and Legal Profession Amendment Act 2011
No. 1 of 2011
Endnotes
Endnotes
1
[†] 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."