Victoria’s Civil Procedure Act 2010

Victoria’s Civil Procedure Act 2010 RESEARCH PAPER
Victoria’s Civil Procedure Act 2010
Research paper

Victoria’s Civil Procedure Act 2010 RESEARCH PAPER
Introduction
The Civil Procedure Act (Vic) 20101 have its commencement on 1st of January 2011 and the very
aim of this legislation is to reform the conduct of the litigation in a substantial way within the
State of Victoria. Thus, this piece of legislation acts as both the weapon as well as the defence
for the litigant parties, thereby creating the obligation to stay in compliance with it. The very aim
of this paper is to provide the overview of the overall purpose of Victoria’s Civil Procedure Act
20101, for facilitating the just, efficient and timely way along with the cost- effectiveness of it
towards reaching a resolution.
Discussion
The section 4 of the Act1 highlights the application of it for all the civil proceedings and thus the
criminal proceeding or quasi criminal proceeding are not maintained by this legislation. The
jurisdictions covered by this legislation ranges from Magistrates’ Courts to County Courts and
also the Supreme Courts.
The Overarching Purpose of this legislation as mentioned in section 7 of the Act1 is for providing
and also for facilitating the litigation in a just, efficient and timely way along with the cost-
effectiveness as opined in case of Jefferson v National Freight Carriers Plc [2001]2, of it
towards reaching a resolution for the significant disputes in question, and to achieve the very
purpose of the legislation1 as mentioned under section 8 and 9, the Courts in exercise of it will
create determination based on the proceeding by the it, on the agreement between the parties,
deciding on the appropriate dispute resolution process, which must be in consensus with the
1 The Civil Procedure Act (Vic) 2010
2 Jefferson v National Freight Carriers Plc [2001] 2 Costs L.R 313, C.A

Victoria’s Civil Procedure Act 2010 RESEARCH PAPER
parties and thus ordered by the Courts. Again, the rule 1.14 of the Supreme Court (General Civil
Procedure) Rules 20153 is in perfect alignment with the Act1 for the overarching purpose
mentioned under section 7 of it. Supreme Court while deciding the setting aside of a notice of an
application for the review, considered the overarching purpose along with the obligation of the
CPA in case of Kuek v Devlflan Pty Ltd [2012]4.
The very term of overarching purpose, as mentioned in the imposes the significant and the
paramount duty which are owed to the courts combined with the overarching obligations which
are imposed and bestowed on all parties. Section 16 of the Act1 provides the paramount duty
which is owed to the Courts and are in consonance with the civil proceedings in question. Apart
from the Civil proceedings, the applicability of this duty is stretched to the interlocutory
proceedings, along with the appeal matters and further incudes the appropriate dispute resolution
which needs to be undertaken, comprising of the mediation. The legislation furthermore,
highlights the ten overarching obligations from section 17- 261 which is applicable not only to
the concerned parties along with the legal practitioners and further stretches to the financial
assistance providers like the insurance companies and also the litigation funders as was held in
case of Ipex ITG Pty Ltd v State of Victoria (No 2) [2011]5. In order to comply with the
obligations, the legal practitioners despite the obligation of acting in accordance with the client’s
instructions but cannot reply on those instructions as provided by their client, if they are in in
detriment and not in compliance with the overarching obligations stated under the Act1. To create
the check, section 28 of the Act1 aims at the Courts’ exercise of any power, under the civil
proceeding when it is found that there are certain actions which are in sharp contrast and thereby
3 Supreme Court (General Civil Procedure) Rules 2015
4 Kuek v Devlflan Pty Ltd [2012] VSC 327; [2012] VSC 571
5 Ipex ITG Pty Ltd v State of Victoria (No 2) [2011] VSC 39