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CIVIL PROCEDURE ACT 2010 - NOTES

Version No. 020

No. 47 of 2010
Version incorporating amendments as at
3 September 2018

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Version No. 020

Civil Procedure Act 2010

No. 47 of 2010
Version incorporating amendments as at
3 September 2018

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

    Minister's second reading speech—

    Legislative Assembly: 24 June 2010

    Legislative Council: 29 July 2010

    The long title for the Bill for this Act was "A Bill for an Act to provide for the reform and modernisation of the laws, practice, procedure and processes for the resolution of civil disputes which may lead to civil proceedings and for the initiation and conduct of civil proceedings and appeals, to amend the Supreme Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989 and other Acts and for other purposes."

The Civil Procedure Act 2010 was assented to on 24 August 2010 and came into operation on 1 January 2011: Government Gazette 14 October 2010 page 2404.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Civil Procedure Act 2010 by Acts and subordinate instruments.

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Civil Procedure Act 2010, No. 47/2010

Assent Date:

24.8.10

Commencement Date:

S. 84(4) on 1.5.14: s. 84(4); s. 87 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1

Note:

S. 87(4) repealed s. 87 on 12.5.16

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Civil Procedure and Legal Profession Amendment Act 2011, No. 1/2011

Assent Date:

29.3.11

Commencement Date:

Ss 3–10 on 30.3.11: s. 2

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Serious Sex Offenders (Detention and Supervision) Amendment Act 2011, No. 83/2011

Assent Date:

21.12.11

Commencement Date:

S. 17 on 1.3.12: Special Gazette (No. 45) 21.2.12 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Civil Procedure Amendment Act 2012, No. 62/2012

Assent Date:

30.10.12

Commencement Date:

Ss 4–11, 18–22 on 24.12.12: Special Gazette (No. 429) 11.12.12 p. 1; ss 12–17 on 31.3.13: Special Gazette (No. 429) 11.12.12 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Criminal Organisations Control Act 2012, No. 80/2012

Assent Date:

18.12.12

Commencement Date:

S. 140 on 13.3.13: Special Gazette (No. 86) 13.3.13 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:

12.11.13

Commencement Date:

S. 649(Sch. 9 item 3) on 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 15) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:

8.4.14

Commencement Date:

Ss 4–8 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:

18.10.16

Commencement Date:

S. 93 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:

29.5.18

Commencement Date:

S. 8 on 1.7.18: Special Gazette (No. 284) 19.6.18 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

Serious Offenders Act 2018, No. 27/2018

Assent Date:

26.6.18

Commencement Date:

S. 353 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1

Current State:

This information relates only to the provision/s amending the Civil Procedure Act 2010

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    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details

No entries at date of publication.



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