Queensland Numbered Acts
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CIVIL PROCEEDINGS ACT 2011 NO. 45
TABLE OF PROVISIONS
Contents
P
ART
1 P
RELIMINARY
1. Short title
2. Commencement
3. Application
4. Dictionary
5. Meaning of court
6. Act binds all persons
P
ART
2 L
AW AND EQUITY
7. Concurrent administration of law and equity
8. Equitable damages
9. Injunction
10. Declaratory order
11. Order to fulfil duty
12. Order to appoint receiver
Part 3--Orders
Division 1--Orders generally
13. Power to make orders
14. Power to impose appropriate conditions
15. Power to award costs
Division 2--Particular orders
16. Amendment for new cause of action or party
17. Interested person may become a party and may be bound by outcome
18. Order binds persons who are represented
19. Interpleader orders
20. Set-off
21. Abatement of proceedings
22. Dismissal of proceedings for want of prosecution
23. Effect of default judgment given by registrar
24. Discharge of lien or security
Part 4--Transfer of proceedings
25. Transfer by Supreme Court—general
26. Transfer by District Court—general
27. Transfer because of amendment
28. Transfer because claim beyond jurisdiction
29. Transfer because counterclaim beyond jurisdiction
30. Copy of order and filed documents
31. Power of court to which proceeding transferred
32. Limitation periods
33. Costs
Part 5--Conferences
34. Definition for pt 5
35. Resolution agreement
36. Evidence from relevant conference
Part 6--ADR processes
Division 1--Preliminary
37. Objects of pt 6
38. Application of pt 6
Division 2--Interpretation
39. ADR process
40. Mediation
41. Case appraisal
Division 3--ADR process
42. Parties may agree to ADR process
43. Court may refer dispute to ADR process
44. Parties must attend at ADR process if court orders
45. Procedure at case appraisal
46. Subpoenas
47. Party unable to pay share of costs
Division 4--At end of ADR process
48. Mediated resolution agreement
49. Documents to be filed
50. Orders giving effect to mediation agreement
51. Orders giving effect to case appraiser's decision
Division 5--Protection, immunity and confidentiality
52. Ordinary protection and immunity allowed
53. Evidence from ADR process
54. Preservation of confidentiality
Part 7--Compliance with subpoena etc.
55. Nonattendance of individual witness
56. Nonattendance of corporation
57. Noncompliance is contempt of court
Part 8--Interest
58. Interest up to judgment
59. Interest after money order
Part 9--Assessment of damages
60. Income tax reduction for loss of earnings award
61. Discount rate for lump sum award
P
ART
10 W
RONGFUL DEATH proceedings
62. Definitions for pt 10
63. Meaning of spouse
64. Liability for a death
65. One proceeding for benefit of members of deceased person's family
66. Surviving proceeding other than by personal representative
67. Damages for spouse's benefit
68. Damages for child's benefit
69. Transitional application of assessment provisions
70. Amounts not to be taken into account in assessing damages
Part 11--Provisions about ships
71. Definitions for pt 11
72. Damages for personal injury
73. Right of contribution
74. Other damages
75. No statutory presumption of fault
Part 12--Assessors
76. Definitions for pt 12
77. Protection and immunity
78. Preservation of confidentiality
79. Preservation of privilege
Part 13--Enforcement
Division 1--Judgments
80. Judgment for detention of goods
81. Judgment for return of goods
82. Judgment for return of goods or payment of their value
83. Effect of money order
Division 2--Enforcement generally
84. Demand for compliance unnecessary
85. Interest recoverable on enforcement
86. Enforcement against partnership
87. Variation of order in partnership name
88. Enforcement against property of a business
89. Variation of order in relation to a business name
Division 3--Enforcement warrants
90. Enforcement warrant
91. Period of enforcement warrant
92. Payment under enforcement warrant
93. Securities held by enforcement officer
94. Redirection of joint funds
95. State debts
96. Redirection of partnership debts
97. Account with financial institution
98. Enforcement against a third person
99. Redirection of earnings—protection of employee
Division 4--Warrant for defendant's arrest
100. Issue of warrant for defendant's arrest
Division 5--Enforcement officers
101. Powers not impaired
102. No licence necessary for auction
103. Transfer to be executed
P
ART
14 M
ISCELLANEOUS PROVISIONS
104. Grant of representation before proceeding
105. No grant of representation before proceeding
106. No new trial because of ruling about duty
107. Regulation-making power
P
ART
15 Transitional provisions for Civil Proceedings Act 2011
108. Reference to s 48, Supreme Court Act 1995
109. Transitional regulation-making power
P
ART
16 A
MENDMENT OF
Civil Liability Act 2003
110. Act amended
111. Replacement of s 57 (Discount rate to be applied in calculating the present value of future loss or gratuitous services)
P
ART
17 A
MENDMENT OF
C
RIMINAL
C
ODE
112. Code amended
113. Amendment of s 559 (Change of place of trial)
114. Insertion of new ch 63A
115. Amendment of s 662 (Taxation)
116. Omission of s 663 (Enforcement of judgment of Circuit Court)
117. Insertion of new s 696
Part 18--Amendment of District Court of Queensland Act 1967
118. Act amended
119. Amendment of s 3 (Definitions)
120. Amendment of pt 2 hdg (Court, judges, registries and officers)
121. Replacement of s 8B (Seals of the court)
122. Replacement of s 25 (Hearing de novo when trial judge unable to continue)
123. Replacement of pt 2, div 4 (Registries)
124. Omission of pt 2, div 5, sdiv 1 (Judicial registrars)
125. Omission of pt 2, div 5, sdiv 2 hdg (Other officers)
126. Replacement of ss 36 and 36A
127. Amendment of s 40 (When a clerk of the court is registrar, the clerk's successor or deputy shall be registrar)
128. Replacement of s 41 (Appointment of bailiffs and bailiffs' assistants)
129. Replacement of ss 42 and 43
130. Amendment of s 44 (Bailiff not required to take out auctioneer's licence)
131. Amendment of s 45 (Remuneration of bailiffs)
132. Insertion of new s 47
133. Omission of s 48 (Disabilities of registrar and bailiff)
134. Replacement of pt 2, div 7 (Lawyers and agents)
135. Omission of ss 66 and 67
136. Replacement of pt 5, div 4 (Removal of actions)
137. Omission of pt 7 (ADR processes)
138. Omission of s 116 (Venue of appeals)
139. Amendment of s 118 (Appeal to the Court of Appeal in certain cases)
140. Insertion of new ss 118A and 118B
141. Insertion of new pt 11, div 1
142. Insertion of new s 130B
143. Amendment of s 131 (Regulation-making power)
144. Insertion of new ss 148 and 149
Part 19--Amendment of Evidence Act 1977
145. Act amended
146. Insertion of new ss 129A and 129B
Part 20--Amendment of Judges (Pensions and Long Leave) Act 1957
147. Act amended
148. Replacement of s 2A (Length of service if previously an acting judge in Queensland)
P
ART
21 A
MENDMENT OF
J
URY
A
CT
1995
149. Act amended
150. Amendment of s 8 (Assignment of responsibility for jury districts to other sheriffs and persons)
151. Insertion of new pt 6, div 1A
152. Insertion of new s 65A
Part 22--Amendment of Justices Act 1886
153. Act amended
154. Amendment of s 22 (Continuance of Magistrates Courts)
155. Amendment of s 126 (Transmission of depositions)
156. Amendment of s 222 (Appeal to a single judge)
P
ART
23 A
MENDMENT OF
Land Court Act 2000
157. Act amended
158. Replacement of s 37 (ADR process applies to proceedings started under this part)
159. Amendment of s 62 (Nomination of Supreme Court judge to be member of Land Appeal Court)
P
ART
24 A
MENDMENT OF
Law Reform Act 1995
160. Act amended
161. Amendment of s 5 (Definitions for pt 3)
162. Amendment of s 6 (Proceedings against, and contribution between, joint and several tortfeasors)
163. Amendment of s 8 (Additional definitions for div 2)
164. Amendment of s 10 (Apportionment of liability in case of contributory negligence)
P
ART
25 A
MENDMENT OF
M
Agistrates
A
CT
1991
165. Act amended
166. Insertion of new s 49A
P
ART
26 A
MENDMENT OF
M
Agistrates
C
OURTs
A
CT
1921
167. Act amended
168. Amendment of s 2 (Definitions)
169. Insertion of new s 3B
170. Omission of s 5A (Proceeding started in wrong court)
171. Insertion of new ss 14A and 14B
172. Amendment and relocation of s 17 (Officers of Magistrates Court)
173. Replacement of s 18 (Appearance to be in person or by lawyer, or other person allowed by the court)
174. Omission of pt 5 (ADR processes)
175. Insertion of new s 57B
176. Insertion of new s 61
P
ART
27 A
MENDMENT OF
s
Uccession
A
CT
1981
177. Act amended
178. Amendment of s 66 (Survival of actions)
P
ART
28 A
MENDMENT OF
s
UPREME
C
OURT OF
Q
UEENSLAND
A
CT
1991
179. Act amended
180. Replacement of ss 2A–6
181. Replacement of pt 2 (The court)
182. Amendment of s 28 (Composition)
183. Amendment of s 31 (Constitution of court if 1 judge of appeal unable to continue)
184. Amendment of s 32 (Arrangement of business of Court of Appeal)
185. Amendment of s 36 (Appointment of President)
186. Amendment of s 42 (Reserved judgements)
187. Omission of ss 44 and 45
188. Amendment of s 56 (Single judge to constitute the court)
189. Insertion of new s 56A
190. Amendment of s 60 (Arrangement of business of Trial Division)
191. Insertion of new pt 4, divs 3 and 4
192. Amendment of s 69 (Appeal in proceedings in the court)
193. Insertion of new ss 69A and 69B
194. Relocation of s 70 (Disqualification of judge of appeal)
195. Replacement of pts 7 and 8
196. Omission of pt 8B (Provision from Legal Practitioners Act 1995)
197. Amendment of pt 9 hdg (Rules of court and practice directions for the Supreme Court, the District Court and the Magistrates Courts)
198. Omission of s 117 (Definition for pt 9)
199. Amendment of s 118 (Rule-making power)
200. Insertion of new s 118AA
201. Amendment of s 118A (Rules committee may approve forms)
202. Amendment of s 118B (Court rules are exempt from RIS requirements and automatic expiry)
203. Amendment of s 118C (Rules Committee)
204. Omission of ss 118D and 118E
205. Replacement of ss 119–119D
206. Amendment of s 120 (Regulation-making power)
207. Replacement of pt 11 (Transitional provisions)
208. Amendment of sch 1 (Subject matter for rules)
209. Insertion of new schs 1A–1C
210. Amendment of sch 2 (Dictionary)
Part 29--Repeal of Supreme Court Act 1995
211. Repeal of Supreme Court Act 1995
Part 30--Amendment of this Act
212. Act amended
213. Amendment of long title
214. Amendment of s 88 (Enforcement against property of a business)
215. Amendment of s 89 (Variation of order in relation to a business name)
216. Amendment of sch 1 (Dictionary)
Part 31--Consequential amendments of other legislation
217. Legislation amended
Part 32--Other amendments
Division 1--Amendment of Associations Incorporation Act 1981
218. Act amended
219. Amendment of s 64 (Tenure of members of management committee)
220. Amendment of s 91 (Declaration of applied Corporations legislation)
221. Insertion of new pt 11A
222. Amendment of s 109 (Affected person may apply for review)
223. Amendment of schedule (Dictionary)
Division 2--Amendment of Births, Deaths and Marriages Registration Act 2003
224. Act amended
225. Amendment of s 32 (Notifying about disposal of a deceased person's body)
Division 3--Amendment of Cremations Act 2003
226. Act amended
227. Amendment of s 11 (Dealing with ashes)
Division 4--Amendment of Electoral Act 1992
228. Act amended
229. Amendment of s 61 (Information on electoral rolls to be provided to particular people and organisations)
230. Amendment of s 65 (Enrolment and transfer of enrolment)
231. Amendment of s 106 (Who may vote)
Division 5--Amendment of Information Privacy Act 2009
232. Act amended
233. Amendment of s 29 (Special provision for law enforcement agencies)
234. Replacement of s 148 (Leave of absence)
235. Amendment of sch 5 (Dictionary)
Division 6--Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
236. Act amended
237. Insertion of new s 35A
Division 7--Amendment of Queensland Civil and Administrative Tribunal Act 2009
238. Act amended
239. Insertion of new ch 4, pt 3, div 5
240. Insertion of new ch 11
Division 8--Amendment of Retirement Villages Act 1999
241. Act amended
242. Amendment of s 15 (What is an exit fee)
243. Insertion of new s 53A
Division 9--Amendment of Right to Information Act 2009
244. Act amended
245. Replacement of s 138 (Leave of absence)
246. Replacement of s 154 (Leave of absence)
247. Amendment of sch 2 (Entities to which this Act does not apply)
SCHEDULE 1A -- MINOR AND CONSEQUENTIAL AMENDMENTS
SCHEDULE 1 -- DICTIONARY
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