{"id":"qld:act-2011-045","name":"Civil Proceedings Act 2011","slug":"civil-proceedings-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"45 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29787,"registerId":"qld-act-2011-045-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Civil Proceedings Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on a day to be fixed by proclamation—\nparts 1 to 31\npart 32 , divisions 2 , 3 , 6 , and 8\nsection 229\nschedules 1A and 1 .\n- • parts 1 to 31\n- • part 32 , divisions 2 , 3 , 6 , and 8\n- • section 229\n- • schedules 1A and 1 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application","content":"### sec.3 Application\n\nUnless this Act otherwise expressly provides, this Act applies to civil proceedings and proceedings in relation to contempt of court in the following courts—\nthe Supreme Court\nthe District Court\na Magistrates Court.\n- • the Supreme Court\n- • the District Court\n- • a Magistrates Court.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of court","content":"### sec.5 Meaning of court\n\nIn this Act—\ncourt means, if otherwise appropriate—\nin the context of the Supreme Court—the Supreme Court; or\nin the context of the District Court—the District Court; or\nin the context of Magistrates Courts—a Magistrates Court.\n- (a) in the context of the Supreme Court—the Supreme Court; or\n- (b) in the context of the District Court—the District Court; or\n- (c) in the context of Magistrates Courts—a Magistrates Court.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Law and equity","content":"# Law and equity","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Concurrent administration of law and equity","content":"### sec.7 Concurrent administration of law and equity\n\nA court must exercise its jurisdiction in a proceeding to ensure, as far as possible, that—\nall matters in dispute between the parties are completely and finally decided; and\nmultiplicity of legal proceedings is avoided.\nA court must give the same effect as it did immediately before the commencement of this section—\nto all equitable estates, titles, rights, remedies, defences and counterclaims, and to all equitable duties and liabilities; and\nsubject to the matters mentioned in paragraph (a) , to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing under the common law or under any custom or created under any statute.\nIf there is a conflict or difference between the rules of equity and the rules of the common law, the rules of equity prevail.\nNothing in this Act affects a court’s power to stay a proceeding if appropriate, either on its own initiative or on the application of any person, whether or not a party.\nNothing in this section limits any inherent or other power of a court to make an order for the decision by the court of a question or issue separately from another question or issue or to state a case for the opinion of the Court of Appeal.\nAlso, nothing in this section increases the jurisdiction given to the District Court under the District Court of Queensland Act 1967 or to a Magistrates Court under the Magistrates Courts Act 1921 .\n(sec.7-ssec.1) A court must exercise its jurisdiction in a proceeding to ensure, as far as possible, that— all matters in dispute between the parties are completely and finally decided; and multiplicity of legal proceedings is avoided.\n(sec.7-ssec.2) A court must give the same effect as it did immediately before the commencement of this section— to all equitable estates, titles, rights, remedies, defences and counterclaims, and to all equitable duties and liabilities; and subject to the matters mentioned in paragraph (a) , to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing under the common law or under any custom or created under any statute.\n(sec.7-ssec.3) If there is a conflict or difference between the rules of equity and the rules of the common law, the rules of equity prevail.\n(sec.7-ssec.4) Nothing in this Act affects a court’s power to stay a proceeding if appropriate, either on its own initiative or on the application of any person, whether or not a party.\n(sec.7-ssec.5) Nothing in this section limits any inherent or other power of a court to make an order for the decision by the court of a question or issue separately from another question or issue or to state a case for the opinion of the Court of Appeal.\n(sec.7-ssec.6) Also, nothing in this section increases the jurisdiction given to the District Court under the District Court of Queensland Act 1967 or to a Magistrates Court under the Magistrates Courts Act 1921 .\n- (a) all matters in dispute between the parties are completely and finally decided; and\n- (b) multiplicity of legal proceedings is avoided.\n- (a) to all equitable estates, titles, rights, remedies, defences and counterclaims, and to all equitable duties and liabilities; and\n- (b) subject to the matters mentioned in paragraph (a) , to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing under the common law or under any custom or created under any statute.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Equitable damages","content":"### sec.8 Equitable damages\n\nIf a court has jurisdiction to hear an application for an injunction or specific performance, the court may award damages as well as, or instead of, an injunction or specific performance.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Injunction","content":"### sec.9 Injunction\n\nIf a court has jurisdiction to hear an application for an injunction, the court may, at any stage of a proceeding, by injunction, restrain a threatened or apprehended breach of contract or other wrongful conduct.\nIf waste or trespass is threatened or apprehended, for subsection (1) , it does not matter whether—\nthe person against whom the injunction is sought (the relevant person ) is in possession under any claim of title or otherwise; or\nif the relevant person is not in possession, the relevant person claims a right to do the act sought to be restrained under any claim of title; or\nthe estate claimed by any party is legal or equitable.\nThe court may also, at any stage of a proceeding, grant an interlocutory injunction if it considers it just or convenient.\n(sec.9-ssec.1) If a court has jurisdiction to hear an application for an injunction, the court may, at any stage of a proceeding, by injunction, restrain a threatened or apprehended breach of contract or other wrongful conduct.\n(sec.9-ssec.2) If waste or trespass is threatened or apprehended, for subsection (1) , it does not matter whether— the person against whom the injunction is sought (the relevant person ) is in possession under any claim of title or otherwise; or if the relevant person is not in possession, the relevant person claims a right to do the act sought to be restrained under any claim of title; or the estate claimed by any party is legal or equitable.\n(sec.9-ssec.3) The court may also, at any stage of a proceeding, grant an interlocutory injunction if it considers it just or convenient.\n- (a) the person against whom the injunction is sought (the relevant person ) is in possession under any claim of title or otherwise; or\n- (b) if the relevant person is not in possession, the relevant person claims a right to do the act sought to be restrained under any claim of title; or\n- (c) the estate claimed by any party is legal or equitable.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Declaratory order","content":"### sec.10 Declaratory order\n\nThis section applies to the Supreme Court only.\nThe court may hear an application for a declaratory order only and may make a declaratory order without granting any relief as a result of making the order.\n(sec.10-ssec.1) This section applies to the Supreme Court only.\n(sec.10-ssec.2) The court may hear an application for a declaratory order only and may make a declaratory order without granting any relief as a result of making the order.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Order to fulfil duty","content":"### sec.11 Order to fulfil duty\n\nThis section applies to the Supreme Court only.\nThe court may order any person to fulfil any duty in the fulfilment of which the person seeking the order is personally interested.\nThe court may make an interlocutory order under subsection (2) if it considers it just or convenient.\n(sec.11-ssec.1) This section applies to the Supreme Court only.\n(sec.11-ssec.2) The court may order any person to fulfil any duty in the fulfilment of which the person seeking the order is personally interested.\n(sec.11-ssec.3) The court may make an interlocutory order under subsection (2) if it considers it just or convenient.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Order to appoint receiver","content":"### sec.12 Order to appoint receiver\n\nThis section applies to the Supreme Court only.\nThe court may, at any stage of a proceeding, make an interlocutory order appointing a receiver if it considers it just or convenient.\n(sec.12-ssec.1) This section applies to the Supreme Court only.\n(sec.12-ssec.2) The court may, at any stage of a proceeding, make an interlocutory order appointing a receiver if it considers it just or convenient.","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Orders","content":"# Orders","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Orders generally","content":"## Orders generally","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to make orders","content":"### sec.13 Power to make orders\n\nThis section applies to a court making an order under this Act.\nUnless otherwise stated in this Act, the court may make the order on its own initiative or on an application made to it under this Act.\n(sec.13-ssec.1) This section applies to a court making an order under this Act.\n(sec.13-ssec.2) Unless otherwise stated in this Act, the court may make the order on its own initiative or on an application made to it under this Act.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Power to impose appropriate conditions","content":"### sec.14 Power to impose appropriate conditions\n\nA court may impose on an order conditions it considers appropriate.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Power to award costs","content":"### sec.15 Power to award costs\n\nA court may award costs in all proceedings unless otherwise provided.","sortOrder":18},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Particular orders","content":"## Particular orders","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Amendment for new cause of action or party","content":"### sec.16 Amendment for new cause of action or party\n\nThis section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding.\nThe court may order an amendment to be made, or grant leave to a party to make an amendment, even though—\nthe amendment will include or substitute a cause of action or add a new party; or\nthe cause of action included or substituted arose after the proceeding was started; or\na relevant period of limitation, current when the proceeding was started, has ended.\nDespite subsection (2) , the rules of court may limit the circumstances in which amendments may be made.\nThis section—\napplies despite the Limitation of Actions Act 1974 ; and\ndoes not limit section 103H .\ns 16 amd 2016 No. 59 s 7\n(sec.16-ssec.1) This section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding.\n(sec.16-ssec.2) The court may order an amendment to be made, or grant leave to a party to make an amendment, even though— the amendment will include or substitute a cause of action or add a new party; or the cause of action included or substituted arose after the proceeding was started; or a relevant period of limitation, current when the proceeding was started, has ended.\n(sec.16-ssec.3) Despite subsection (2) , the rules of court may limit the circumstances in which amendments may be made.\n(sec.16-ssec.4) This section— applies despite the Limitation of Actions Act 1974 ; and does not limit section 103H .\n- (a) the amendment will include or substitute a cause of action or add a new party; or\n- (b) the cause of action included or substituted arose after the proceeding was started; or\n- (c) a relevant period of limitation, current when the proceeding was started, has ended.\n- (a) applies despite the Limitation of Actions Act 1974 ; and\n- (b) does not limit section 103H .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Interested person may become a party and may be bound by outcome","content":"### sec.17 Interested person may become a party and may be bound by outcome\n\nThis section applies if the court considers—\nnot all persons interested in the subject matter of a proceeding or the relief sought in a proceeding are before the court; and\nthe proceeding ought not to proceed, or relief ought not to be given, without particular persons being given notice of the proceeding.\nHowever, this section does not apply to a representative proceeding under part 13A .\nThe court may—\norder that the particular persons be included as parties to the proceeding; or\nstay the proceeding until notice of the proceeding has been given, as the court may direct, to the particular persons.\nIf a person given notice does not elect to be included as a party to the proceeding, the person is bound by the outcome of the proceeding in relation to any subject matter or relief in which the person was interested.\ns 17 amd 2016 No. 59 s 8\n(sec.17-ssec.1) This section applies if the court considers— not all persons interested in the subject matter of a proceeding or the relief sought in a proceeding are before the court; and the proceeding ought not to proceed, or relief ought not to be given, without particular persons being given notice of the proceeding.\n(sec.17-ssec.2) However, this section does not apply to a representative proceeding under part 13A .\n(sec.17-ssec.3) The court may— order that the particular persons be included as parties to the proceeding; or stay the proceeding until notice of the proceeding has been given, as the court may direct, to the particular persons.\n(sec.17-ssec.4) If a person given notice does not elect to be included as a party to the proceeding, the person is bound by the outcome of the proceeding in relation to any subject matter or relief in which the person was interested.\n- (a) not all persons interested in the subject matter of a proceeding or the relief sought in a proceeding are before the court; and\n- (b) the proceeding ought not to proceed, or relief ought not to be given, without particular persons being given notice of the proceeding.\n- (a) order that the particular persons be included as parties to the proceeding; or\n- (b) stay the proceeding until notice of the proceeding has been given, as the court may direct, to the particular persons.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Order binds persons who are represented","content":"### sec.18 Order binds persons who are represented\n\nThis section applies to an order made in a proceeding started and continued by or against 1 or more persons (the representative party ) who have the same interest in the proceeding as representing all of the persons who have the same interest and could have been parties to the proceeding.\nHowever, this section does not apply to a representative proceeding under part 13A .\nUnless the court orders otherwise, as well as binding the parties to the proceeding, the order binds the persons who have the same interest as the representative party and could have been parties to the proceeding.\nThe order may be enforced against a person not named as a party only with the court’s leave.\ns 18 amd 2016 No. 59 s 9\n(sec.18-ssec.1) This section applies to an order made in a proceeding started and continued by or against 1 or more persons (the representative party ) who have the same interest in the proceeding as representing all of the persons who have the same interest and could have been parties to the proceeding.\n(sec.18-ssec.2) However, this section does not apply to a representative proceeding under part 13A .\n(sec.18-ssec.3) Unless the court orders otherwise, as well as binding the parties to the proceeding, the order binds the persons who have the same interest as the representative party and could have been parties to the proceeding.\n(sec.18-ssec.4) The order may be enforced against a person not named as a party only with the court’s leave.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Interpleader orders","content":"### sec.19 Interpleader orders\n\nOn an application for relief by way of interpleader, the court may do 1 or more of the following—\nif a proceeding is pending against the applicant—order a claimant be included as a defendant in the proceeding in addition to or in substitution for the applicant;\norder a question between the claimants be stated and tried and direct which of the claimants is to be the plaintiff and which the defendant and give any necessary directions for the trial;\norder the applicant to pay or transfer all or part of the property in dispute or the proceeds of sale into court or otherwise dispose of the property or proceeds of sale;\nif a claimant claims to be entitled to any of the property by way of security for a debt—make orders for the sale of all or part of the property and for the application of the proceeds of sale;\ndecide in a summary way a question of law or fact arising on the application;\nmake an order it considers appropriate, including an order finally disposing of all issues arising in the proceeding.\nIf—\nan application for relief by way of interpleader is made; and\nseveral proceedings are pending in the court for or about any or all of the property in dispute; and\nthe court makes an order in any 2 or more of the proceedings;\nthe order is binding on all the parties to all the proceedings to which it applies.\n(sec.19-ssec.1) On an application for relief by way of interpleader, the court may do 1 or more of the following— if a proceeding is pending against the applicant—order a claimant be included as a defendant in the proceeding in addition to or in substitution for the applicant; order a question between the claimants be stated and tried and direct which of the claimants is to be the plaintiff and which the defendant and give any necessary directions for the trial; order the applicant to pay or transfer all or part of the property in dispute or the proceeds of sale into court or otherwise dispose of the property or proceeds of sale; if a claimant claims to be entitled to any of the property by way of security for a debt—make orders for the sale of all or part of the property and for the application of the proceeds of sale; decide in a summary way a question of law or fact arising on the application; make an order it considers appropriate, including an order finally disposing of all issues arising in the proceeding.\n(sec.19-ssec.2) If— an application for relief by way of interpleader is made; and several proceedings are pending in the court for or about any or all of the property in dispute; and the court makes an order in any 2 or more of the proceedings; the order is binding on all the parties to all the proceedings to which it applies.\n- (a) if a proceeding is pending against the applicant—order a claimant be included as a defendant in the proceeding in addition to or in substitution for the applicant;\n- (b) order a question between the claimants be stated and tried and direct which of the claimants is to be the plaintiff and which the defendant and give any necessary directions for the trial;\n- (c) order the applicant to pay or transfer all or part of the property in dispute or the proceeds of sale into court or otherwise dispose of the property or proceeds of sale;\n- (d) if a claimant claims to be entitled to any of the property by way of security for a debt—make orders for the sale of all or part of the property and for the application of the proceeds of sale;\n- (e) decide in a summary way a question of law or fact arising on the application;\n- (f) make an order it considers appropriate, including an order finally disposing of all issues arising in the proceeding.\n- (a) an application for relief by way of interpleader is made; and\n- (b) several proceedings are pending in the court for or about any or all of the property in dispute; and\n- (c) the court makes an order in any 2 or more of the proceedings;","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Set-off","content":"### sec.20 Set-off\n\nIf there are mutual debts between a plaintiff and a defendant in a proceeding, the defendant may, by way of defence, set off against the plaintiff’s claim any debt owed by the plaintiff to the defendant that was due and payable at the time the defence of set-off was filed.\nFor subsection (1) , it does not matter whether the mutual debts are different in nature.\nThis section extends to a proceeding in which 1 or more of the mutual debts is owed by or to a deceased person who is represented by a personal representative.\nHowever, this section does not apply to the extent to which a plaintiff and a defendant have agreed that debts, whether generally, or in relation to specific debts, may not be set off against each other.\nThis section—\ndoes not affect other rights of set-off or obligation of a debtor or creditor whether arising in equity or otherwise; and\napplies subject to any express provision in another Act.\nIn this section—\ndebt means any liquidated claim.\n(sec.20-ssec.1) If there are mutual debts between a plaintiff and a defendant in a proceeding, the defendant may, by way of defence, set off against the plaintiff’s claim any debt owed by the plaintiff to the defendant that was due and payable at the time the defence of set-off was filed.\n(sec.20-ssec.2) For subsection (1) , it does not matter whether the mutual debts are different in nature.\n(sec.20-ssec.3) This section extends to a proceeding in which 1 or more of the mutual debts is owed by or to a deceased person who is represented by a personal representative.\n(sec.20-ssec.4) However, this section does not apply to the extent to which a plaintiff and a defendant have agreed that debts, whether generally, or in relation to specific debts, may not be set off against each other.\n(sec.20-ssec.5) This section— does not affect other rights of set-off or obligation of a debtor or creditor whether arising in equity or otherwise; and applies subject to any express provision in another Act.\n(sec.20-ssec.6) In this section— debt means any liquidated claim.\n- (a) does not affect other rights of set-off or obligation of a debtor or creditor whether arising in equity or otherwise; and\n- (b) applies subject to any express provision in another Act.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Abatement of proceedings","content":"### sec.21 Abatement of proceedings\n\nIf a party to a proceeding dies or becomes bankrupt, the proceeding does not abate because of the death or bankruptcy unless the cause of action does not survive the death or bankruptcy.\nIf a proceeding abates for any reason before an order for costs made in the proceeding is satisfied—\nthe order for costs remains enforceable; and\nthe proceeding continues for the purpose only of enforcement of the order for costs.\n(sec.21-ssec.1) If a party to a proceeding dies or becomes bankrupt, the proceeding does not abate because of the death or bankruptcy unless the cause of action does not survive the death or bankruptcy.\n(sec.21-ssec.2) If a proceeding abates for any reason before an order for costs made in the proceeding is satisfied— the order for costs remains enforceable; and the proceeding continues for the purpose only of enforcement of the order for costs.\n- (a) the order for costs remains enforceable; and\n- (b) the proceeding continues for the purpose only of enforcement of the order for costs.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Dismissal of proceedings for want of prosecution","content":"### sec.22 Dismissal of proceedings for want of prosecution\n\nThis section applies to the District Court and Magistrates Courts.\nThe Supreme Court has inherent power to dismiss proceedings for want of prosecution.\nIf 2 years have passed since the last step was taken in a proceeding, the court may dismiss the proceeding.\nFor this section, an application on which no order was made is taken not to be a step.\n(sec.22-ssec.1) This section applies to the District Court and Magistrates Courts. The Supreme Court has inherent power to dismiss proceedings for want of prosecution.\n(sec.22-ssec.2) If 2 years have passed since the last step was taken in a proceeding, the court may dismiss the proceeding.\n(sec.22-ssec.3) For this section, an application on which no order was made is taken not to be a step.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Effect of default judgment given by registrar","content":"### sec.23 Effect of default judgment given by registrar\n\nA default judgment given by a registrar has effect as a judgment given by the court.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Discharge of lien or security","content":"### sec.24 Discharge of lien or security\n\nThis section applies to a proceeding if—\na party (the claimant ) claims the recovery of particular property other than land (the relevant property ); and\nthe party from whom recovery is sought—\nclaims to be entitled to retain the relevant property because of a lien or as security for money; and\ndoes not otherwise dispute the title of the claimant.\nThe court may make an order—\nallowing the claimant to pay into court, to be held until the end of the proceeding—\nthe amount of money in relation to which the lien or other security is claimed; and\nany other sum for interest and costs as the court may direct; and\nthat, on payment into court, such judgment be given for recovery of the relevant property as the nature of the case requires.\n(sec.24-ssec.1) This section applies to a proceeding if— a party (the claimant ) claims the recovery of particular property other than land (the relevant property ); and the party from whom recovery is sought— claims to be entitled to retain the relevant property because of a lien or as security for money; and does not otherwise dispute the title of the claimant.\n(sec.24-ssec.2) The court may make an order— allowing the claimant to pay into court, to be held until the end of the proceeding— the amount of money in relation to which the lien or other security is claimed; and any other sum for interest and costs as the court may direct; and that, on payment into court, such judgment be given for recovery of the relevant property as the nature of the case requires.\n- (a) a party (the claimant ) claims the recovery of particular property other than land (the relevant property ); and\n- (b) the party from whom recovery is sought— (i) claims to be entitled to retain the relevant property because of a lien or as security for money; and (ii) does not otherwise dispute the title of the claimant.\n- (i) claims to be entitled to retain the relevant property because of a lien or as security for money; and\n- (ii) does not otherwise dispute the title of the claimant.\n- (i) claims to be entitled to retain the relevant property because of a lien or as security for money; and\n- (ii) does not otherwise dispute the title of the claimant.\n- (a) allowing the claimant to pay into court, to be held until the end of the proceeding— (i) the amount of money in relation to which the lien or other security is claimed; and (ii) any other sum for interest and costs as the court may direct; and\n- (i) the amount of money in relation to which the lien or other security is claimed; and\n- (ii) any other sum for interest and costs as the court may direct; and\n- (b) that, on payment into court, such judgment be given for recovery of the relevant property as the nature of the case requires.\n- (i) the amount of money in relation to which the lien or other security is claimed; and\n- (ii) any other sum for interest and costs as the court may direct; and","sortOrder":28},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transfer of proceedings","content":"# Transfer of proceedings","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Transfer by Supreme Court—general","content":"### sec.25 Transfer by Supreme Court—general\n\nThe Supreme Court may order that a proceeding pending in the District Court or a Magistrates Court be transferred to the Supreme Court.\nThe Supreme Court may order that a proceeding pending in the Supreme Court for which the District Court, or a Magistrates Court, has jurisdiction be transferred to a court having jurisdiction.\n(sec.25-ssec.1) The Supreme Court may order that a proceeding pending in the District Court or a Magistrates Court be transferred to the Supreme Court.\n(sec.25-ssec.2) The Supreme Court may order that a proceeding pending in the Supreme Court for which the District Court, or a Magistrates Court, has jurisdiction be transferred to a court having jurisdiction.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Transfer by District Court—general","content":"### sec.26 Transfer by District Court—general\n\nThe District Court may order that a proceeding pending in a Magistrates Court be transferred to the District Court.\nThe District Court may order that a proceeding pending in the District Court for which a Magistrates Court has jurisdiction be transferred to a Magistrates Court.\n(sec.26-ssec.1) The District Court may order that a proceeding pending in a Magistrates Court be transferred to the District Court.\n(sec.26-ssec.2) The District Court may order that a proceeding pending in the District Court for which a Magistrates Court has jurisdiction be transferred to a Magistrates Court.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Transfer because of amendment","content":"### sec.27 Transfer because of amendment\n\nThis section applies if a plaintiff or applicant in a proceeding wants to amend the relief claimed to, or to include, relief not within the jurisdiction of the court in which the proceeding is pending.\nThe party may apply to a court that would have jurisdiction if the amendment were made (the other court ) for—\nleave to amend; and\nan order that the proceeding be transferred to the other court.\nIf, apart from any jurisdictional consideration, the other court considers the amendment appropriate, the other court may give leave to amend and, if it gives leave, must order that the proceeding be transferred to it.\n(sec.27-ssec.1) This section applies if a plaintiff or applicant in a proceeding wants to amend the relief claimed to, or to include, relief not within the jurisdiction of the court in which the proceeding is pending.\n(sec.27-ssec.2) The party may apply to a court that would have jurisdiction if the amendment were made (the other court ) for— leave to amend; and an order that the proceeding be transferred to the other court.\n(sec.27-ssec.3) If, apart from any jurisdictional consideration, the other court considers the amendment appropriate, the other court may give leave to amend and, if it gives leave, must order that the proceeding be transferred to it.\n- (a) leave to amend; and\n- (b) an order that the proceeding be transferred to the other court.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Transfer because claim beyond jurisdiction","content":"### sec.28 Transfer because claim beyond jurisdiction\n\nThis section applies if the court in which a proceeding is pending (the relevant court ) considers it does not have jurisdiction for the proceeding (other than because of a counterclaim).\nIf the relevant court considers another court has jurisdiction for the proceeding, the relevant court may, by order, transfer the proceeding to the other court.\nUnless an order is made under subsection (2) , the relevant court—\nmust strike out the proceeding; and\nmay order the party who started the proceeding to pay the costs of any other party to the proceeding.\n(sec.28-ssec.1) This section applies if the court in which a proceeding is pending (the relevant court ) considers it does not have jurisdiction for the proceeding (other than because of a counterclaim).\n(sec.28-ssec.2) If the relevant court considers another court has jurisdiction for the proceeding, the relevant court may, by order, transfer the proceeding to the other court.\n(sec.28-ssec.3) Unless an order is made under subsection (2) , the relevant court— must strike out the proceeding; and may order the party who started the proceeding to pay the costs of any other party to the proceeding.\n- (a) must strike out the proceeding; and\n- (b) may order the party who started the proceeding to pay the costs of any other party to the proceeding.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Transfer because counterclaim beyond jurisdiction","content":"### sec.29 Transfer because counterclaim beyond jurisdiction\n\nThis section applies if a party to a proceeding in a court (the relevant court ) files a counterclaim for relief not within the relevant court’s jurisdiction.\nA court having jurisdiction for the counterclaim may order that—\nall of the proceeding be transferred to that court; or\nthe counterclaim be transferred to that court; or\nall of the proceeding be heard and decided by the relevant court.\nIf an order is made under subsection (2) , the registrar of the court that made the order must give a copy of it to the registrar of the relevant court.\nIf an order is made under subsection (2) (b) —\nthe relevant court must hear and decide the balance of the proceeding; and\nunless the court hearing the counterclaim orders otherwise, enforcement of any judgment in relation to the balance of the proceeding is stayed until judgment is given in relation to the counterclaim.\nDespite any other Act or law, the relevant court is taken to have jurisdiction to hear and decide all of the proceeding if—\nno application is made for an order under subsection (2) (a) or (b) within 14 days after the counterclaim is served on the other party or parties to the proceeding; or\nan order is made under subsection (2) (c) .\n(sec.29-ssec.1) This section applies if a party to a proceeding in a court (the relevant court ) files a counterclaim for relief not within the relevant court’s jurisdiction.\n(sec.29-ssec.2) A court having jurisdiction for the counterclaim may order that— all of the proceeding be transferred to that court; or the counterclaim be transferred to that court; or all of the proceeding be heard and decided by the relevant court.\n(sec.29-ssec.3) If an order is made under subsection (2) , the registrar of the court that made the order must give a copy of it to the registrar of the relevant court.\n(sec.29-ssec.4) If an order is made under subsection (2) (b) — the relevant court must hear and decide the balance of the proceeding; and unless the court hearing the counterclaim orders otherwise, enforcement of any judgment in relation to the balance of the proceeding is stayed until judgment is given in relation to the counterclaim.\n(sec.29-ssec.5) Despite any other Act or law, the relevant court is taken to have jurisdiction to hear and decide all of the proceeding if— no application is made for an order under subsection (2) (a) or (b) within 14 days after the counterclaim is served on the other party or parties to the proceeding; or an order is made under subsection (2) (c) .\n- (a) all of the proceeding be transferred to that court; or\n- (b) the counterclaim be transferred to that court; or\n- (c) all of the proceeding be heard and decided by the relevant court.\n- (a) the relevant court must hear and decide the balance of the proceeding; and\n- (b) unless the court hearing the counterclaim orders otherwise, enforcement of any judgment in relation to the balance of the proceeding is stayed until judgment is given in relation to the counterclaim.\n- (a) no application is made for an order under subsection (2) (a) or (b) within 14 days after the counterclaim is served on the other party or parties to the proceeding; or\n- (b) an order is made under subsection (2) (c) .","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Copy of order and filed documents","content":"### sec.30 Copy of order and filed documents\n\nIf a court orders that all or part of a proceeding be transferred to or from another court, the registrar of the court must give the registrar of the other court a copy of the order.\nIf a proceeding in a court is transferred to another court, the registrar of the court must give to the registrar of the other court all filed documents.\nIf part of a proceeding in a court is transferred to another court, the registrar of the court must give to the registrar of the other court a copy of all filed documents.\n(sec.30-ssec.1) If a court orders that all or part of a proceeding be transferred to or from another court, the registrar of the court must give the registrar of the other court a copy of the order.\n(sec.30-ssec.2) If a proceeding in a court is transferred to another court, the registrar of the court must give to the registrar of the other court all filed documents.\n(sec.30-ssec.3) If part of a proceeding in a court is transferred to another court, the registrar of the court must give to the registrar of the other court a copy of all filed documents.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Power of court to which proceeding transferred","content":"### sec.31 Power of court to which proceeding transferred\n\nThe court to which a proceeding is transferred may hear and decide the proceeding as if it had been started in that court.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Limitation periods","content":"### sec.32 Limitation periods\n\nTo remove any doubt, it is declared that for any relevant period of limitation—\na proceeding transferred to another court is taken to have been started when the proceeding was originally started; and\na counterclaim transferred to another court is taken to have been started when the counterclaim was originally started.\n- (a) a proceeding transferred to another court is taken to have been started when the proceeding was originally started; and\n- (b) a counterclaim transferred to another court is taken to have been started when the counterclaim was originally started.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Costs","content":"### sec.33 Costs\n\nThis section applies if a proceeding is transferred under this part.\nUnless the court orders otherwise, costs are in accordance with the scale of costs for the court in which the proceeding was pending when the costs were incurred.\nA court to which all or part of a proceeding is transferred may make an order about costs before the transfer if those costs are not dealt with by an order made before the transfer.\n(sec.33-ssec.1) This section applies if a proceeding is transferred under this part.\n(sec.33-ssec.2) Unless the court orders otherwise, costs are in accordance with the scale of costs for the court in which the proceeding was pending when the costs were incurred.\n(sec.33-ssec.3) A court to which all or part of a proceeding is transferred may make an order about costs before the transfer if those costs are not dealt with by an order made before the transfer.","sortOrder":38},{"sectionNumber":"pt.5","sectionType":"part","heading":"Conferences","content":"# Conferences","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definition for pt 5","content":"### sec.34 Definition for pt 5\n\nIn this part—\nrelevant conference means—\na conference held at the court’s direction; or\na conference required under the rules because there is a claim for damages for personal injury or death.\n- (a) a conference held at the court’s direction; or\n- (b) a conference required under the rules because there is a claim for damages for personal injury or death.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Resolution agreement","content":"### sec.35 Resolution agreement\n\nIf, at a relevant conference, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party.\nThe agreement has effect as a compromise.\n(sec.35-ssec.1) If, at a relevant conference, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party.\n(sec.35-ssec.2) The agreement has effect as a compromise.","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Evidence from relevant conference","content":"### sec.36 Evidence from relevant conference\n\nEvidence of anything done or said, an admission made, or a document tendered, at a relevant conference about a dispute is admissible at the trial of the dispute or in another civil proceeding in the court or elsewhere only if—\nall the parties to the dispute agree; or\nthe evidence is an agreement under section 35 .\nIn this section—\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, a relevant conference.\n(sec.36-ssec.1) Evidence of anything done or said, an admission made, or a document tendered, at a relevant conference about a dispute is admissible at the trial of the dispute or in another civil proceeding in the court or elsewhere only if— all the parties to the dispute agree; or the evidence is an agreement under section 35 .\n(sec.36-ssec.2) In this section— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, a relevant conference.\n- (a) all the parties to the dispute agree; or\n- (b) the evidence is an agreement under section 35 .","sortOrder":42},{"sectionNumber":"pt.6","sectionType":"part","heading":"ADR processes","content":"# ADR processes","sortOrder":43},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Objects of pt 6","content":"### sec.37 Objects of pt 6\n\nThe objects of this part are—\nto provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolution of disputes; and\nto improve access to justice for litigants and to reduce cost and delay; and\nto provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and\nto safeguard ADR processes—\nby extending the same protection to participants in an ADR process as they would have if the dispute were before a court; and\nby ensuring they remain confidential.\n- (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolution of disputes; and\n- (b) to improve access to justice for litigants and to reduce cost and delay; and\n- (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and\n- (d) to safeguard ADR processes— (i) by extending the same protection to participants in an ADR process as they would have if the dispute were before a court; and (ii) by ensuring they remain confidential.\n- (i) by extending the same protection to participants in an ADR process as they would have if the dispute were before a court; and\n- (ii) by ensuring they remain confidential.\n- (i) by extending the same protection to participants in an ADR process as they would have if the dispute were before a court; and\n- (ii) by ensuring they remain confidential.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of pt 6","content":"### sec.38 Application of pt 6\n\nThis part does not apply to a dispute that is the subject of an employment claim under the Magistrates Courts Act 1921 .","sortOrder":46},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"ADR process","content":"### sec.39 ADR process\n\nAn ADR process is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute.\nIn this part, an ADR process includes all the steps involved in an ADR process, including—\npre-mediation and post-mediation sessions; and\na case appraisal session; and\njoint sessions; and\nprivate sessions; and\nanother step prescribed under the rules.\n(sec.39-ssec.1) An ADR process is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute.\n(sec.39-ssec.2) In this part, an ADR process includes all the steps involved in an ADR process, including— pre-mediation and post-mediation sessions; and a case appraisal session; and joint sessions; and private sessions; and another step prescribed under the rules.\n- (a) pre-mediation and post-mediation sessions; and\n- (b) a case appraisal session; and\n- (c) joint sessions; and\n- (d) private sessions; and\n- (e) another step prescribed under the rules.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Mediation","content":"### sec.40 Mediation\n\nMediation is a process under the rules in which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Case appraisal","content":"### sec.41 Case appraisal\n\nCase appraisal is a process under the rules in which a case appraiser provisionally decides a dispute.\nA case appraiser’s decision is not binding on the parties until—\nthe time prescribed under the rules for filing an election to go to trial has passed; and\na court, by order, gives effect to the decision.\n(sec.41-ssec.1) Case appraisal is a process under the rules in which a case appraiser provisionally decides a dispute.\n(sec.41-ssec.2) A case appraiser’s decision is not binding on the parties until— the time prescribed under the rules for filing an election to go to trial has passed; and a court, by order, gives effect to the decision.\n- (a) the time prescribed under the rules for filing an election to go to trial has passed; and\n- (b) a court, by order, gives effect to the decision.","sortOrder":50},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"ADR process","content":"## ADR process","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Parties may agree to ADR process","content":"### sec.42 Parties may agree to ADR process\n\nThe parties to a dispute may agree to refer their dispute to an ADR process.\nIf the parties agree to the referral, they must file a consent order in the approved form.\nA consent order filed under this section is taken to be a referring order.\n(sec.42-ssec.1) The parties to a dispute may agree to refer their dispute to an ADR process.\n(sec.42-ssec.2) If the parties agree to the referral, they must file a consent order in the approved form.\n(sec.42-ssec.3) A consent order filed under this section is taken to be a referring order.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Court may refer dispute to ADR process","content":"### sec.43 Court may refer dispute to ADR process\n\nA court may require the parties or their representatives to attend before it to enable it to decide whether the parties’ dispute should be referred to an ADR process.\nThis section also applies if—\na party applies to the court for an order referring a dispute to an ADR process; or\nthe parties are otherwise before the court.\nThe court may, by order ( referring order ), refer the dispute to mediation or case appraisal.\nWithout limiting the court’s discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal—\nwhether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained;\nthe likelihood of an appraisal producing a compromise or an abandonment of a claim or defence.\nIf the court decides to refer the dispute to a mediator under the Dispute Resolution Centres Act 1990 , it is sufficient if it appoints the director of a stated dispute resolution centre as mediator.\n(sec.43-ssec.1) A court may require the parties or their representatives to attend before it to enable it to decide whether the parties’ dispute should be referred to an ADR process.\n(sec.43-ssec.2) This section also applies if— a party applies to the court for an order referring a dispute to an ADR process; or the parties are otherwise before the court.\n(sec.43-ssec.3) The court may, by order ( referring order ), refer the dispute to mediation or case appraisal.\n(sec.43-ssec.4) Without limiting the court’s discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal— whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence.\n(sec.43-ssec.5) If the court decides to refer the dispute to a mediator under the Dispute Resolution Centres Act 1990 , it is sufficient if it appoints the director of a stated dispute resolution centre as mediator.\n- (a) a party applies to the court for an order referring a dispute to an ADR process; or\n- (b) the parties are otherwise before the court.\n- (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained;\n- (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Parties must attend at ADR process if court orders","content":"### sec.44 Parties must attend at ADR process if court orders\n\nIf a referring order is made, the parties—\nmust attend before the ADR convenor appointed to conduct the ADR process; and\nmust not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order.\nIf a party impedes the ADR process, the court may impose sanctions against the party, including—\nby ordering that any claim for relief by the defaulting party is stayed until further order; and\nby taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties.\n(sec.44-ssec.1) If a referring order is made, the parties— must attend before the ADR convenor appointed to conduct the ADR process; and must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order.\n(sec.44-ssec.2) If a party impedes the ADR process, the court may impose sanctions against the party, including— by ordering that any claim for relief by the defaulting party is stayed until further order; and by taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties.\n- (a) must attend before the ADR convenor appointed to conduct the ADR process; and\n- (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order.\n- (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and\n- (b) by taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties.","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Procedure at case appraisal","content":"### sec.45 Procedure at case appraisal\n\nAt a case appraisal, the case appraiser—\nmust decide the procedure to be used at the case appraisal; and\nmay adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and\nmust finish the case appraisal as quickly as possible.\nHowever, the case appraiser may, in special circumstances—\nreceive evidence; and\nexamine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.\nThe court may, at any time, give directions about procedure to be used at the case appraisal.\nThis section is subject to section 46 .\n(sec.45-ssec.1) At a case appraisal, the case appraiser— must decide the procedure to be used at the case appraisal; and may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and must finish the case appraisal as quickly as possible.\n(sec.45-ssec.2) However, the case appraiser may, in special circumstances— receive evidence; and examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.\n(sec.45-ssec.3) The court may, at any time, give directions about procedure to be used at the case appraisal.\n(sec.45-ssec.4) This section is subject to section 46 .\n- (a) must decide the procedure to be used at the case appraisal; and\n- (b) may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and\n- (c) must finish the case appraisal as quickly as possible.\n- (a) receive evidence; and\n- (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Subpoenas","content":"### sec.46 Subpoenas\n\nA person may not be subpoenaed to attend a mediation.\nA person may be subpoenaed to attend a case appraisal only by order of the court.\nA person subpoenaed to attend a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before the court.\nSections 55 and 56 apply in relation to a failure to comply with the court’s order as if the case appraiser were a person having authority to take evidence for the court.\n(sec.46-ssec.1) A person may not be subpoenaed to attend a mediation.\n(sec.46-ssec.2) A person may be subpoenaed to attend a case appraisal only by order of the court.\n(sec.46-ssec.3) A person subpoenaed to attend a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before the court.\n(sec.46-ssec.4) Sections 55 and 56 apply in relation to a failure to comply with the court’s order as if the case appraiser were a person having authority to take evidence for the court.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Party unable to pay share of costs","content":"### sec.47 Party unable to pay share of costs\n\nIf, at any time, the court is of the opinion a party to the ADR process is unable, because of the party’s financial circumstances, to pay the party’s percentage of the ADR costs, the court may make an order appropriate in the circumstances.\nWithout limiting subsection (1) , the order may provide—\nthe reference to the ADR process be cancelled; or\nthe referring order be revoked and another referring order made.\n(sec.47-ssec.1) If, at any time, the court is of the opinion a party to the ADR process is unable, because of the party’s financial circumstances, to pay the party’s percentage of the ADR costs, the court may make an order appropriate in the circumstances.\n(sec.47-ssec.2) Without limiting subsection (1) , the order may provide— the reference to the ADR process be cancelled; or the referring order be revoked and another referring order made.\n- (a) the reference to the ADR process be cancelled; or\n- (b) the referring order be revoked and another referring order made.","sortOrder":57},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"At end of ADR process","content":"## At end of ADR process","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Mediated resolution agreement","content":"### sec.48 Mediated resolution agreement\n\nIf, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator.\nThe agreement has effect as a compromise.\n(sec.48-ssec.1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator.\n(sec.48-ssec.2) The agreement has effect as a compromise.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Documents to be filed","content":"### sec.49 Documents to be filed\n\nAs soon as practicable after a mediation has finished, the mediator must file a certificate about the mediation in the approved form.\nAs soon as practicable after a case appraisal has finished, the case appraiser must file—\na certificate about the case appraisal in the approved form; and\nthe case appraiser’s decision, if any.\n(sec.49-ssec.1) As soon as practicable after a mediation has finished, the mediator must file a certificate about the mediation in the approved form.\n(sec.49-ssec.2) As soon as practicable after a case appraisal has finished, the case appraiser must file— a certificate about the case appraisal in the approved form; and the case appraiser’s decision, if any.\n- (a) a certificate about the case appraisal in the approved form; and\n- (b) the case appraiser’s decision, if any.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Orders giving effect to mediation agreement","content":"### sec.50 Orders giving effect to mediation agreement\n\nA party may apply to the court for an order giving effect to an agreement reached at or after a mediation.\nHowever, a party may apply for the order only after the mediator’s certificate has been filed.\nThe court may make any order it considers appropriate in the circumstances.\n(sec.50-ssec.1) A party may apply to the court for an order giving effect to an agreement reached at or after a mediation.\n(sec.50-ssec.2) However, a party may apply for the order only after the mediator’s certificate has been filed.\n(sec.50-ssec.3) The court may make any order it considers appropriate in the circumstances.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Orders giving effect to case appraiser’s decision","content":"### sec.51 Orders giving effect to case appraiser’s decision\n\nA party may apply to the court for an order giving effect to a case appraiser’s decision after the time prescribed under the rules for electing to go to trial has passed.\nHowever, a party may apply for the order before the time mentioned in subsection (1) has passed if all parties agree.\nThe court may make any order it considers appropriate in the circumstances.\n(sec.51-ssec.1) A party may apply to the court for an order giving effect to a case appraiser’s decision after the time prescribed under the rules for electing to go to trial has passed.\n(sec.51-ssec.2) However, a party may apply for the order before the time mentioned in subsection (1) has passed if all parties agree.\n(sec.51-ssec.3) The court may make any order it considers appropriate in the circumstances.","sortOrder":62},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Protection, immunity and confidentiality","content":"## Protection, immunity and confidentiality","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Ordinary protection and immunity allowed","content":"### sec.52 Ordinary protection and immunity allowed\n\nIn performing the functions of an ADR convenor under a referring order, the ADR convenor has the same protection and immunity as a Supreme Court judge performing a judicial function.\nA party attending an ADR process has the same protection and immunity the party would have if the ADR process were a proceeding being heard before the court.\nA witness attending an ADR process has the same protection and immunity as a witness attending before the court.\nA document produced at, or used for, an ADR process has the same protection during the ADR process it would have if produced before the court.\nIn subsection (2) —\nparty includes a party’s lawyer or agent.\n(sec.52-ssec.1) In performing the functions of an ADR convenor under a referring order, the ADR convenor has the same protection and immunity as a Supreme Court judge performing a judicial function.\n(sec.52-ssec.2) A party attending an ADR process has the same protection and immunity the party would have if the ADR process were a proceeding being heard before the court.\n(sec.52-ssec.3) A witness attending an ADR process has the same protection and immunity as a witness attending before the court.\n(sec.52-ssec.4) A document produced at, or used for, an ADR process has the same protection during the ADR process it would have if produced before the court.\n(sec.52-ssec.5) In subsection (2) — party includes a party’s lawyer or agent.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidence from ADR process","content":"### sec.53 Evidence from ADR process\n\nEvidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before the court or elsewhere only if all parties to the dispute agree.\nIn subsection (1) —\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process.\n(sec.53-ssec.1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before the court or elsewhere only if all parties to the dispute agree.\n(sec.53-ssec.2) In subsection (1) — civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Preservation of confidentiality","content":"### sec.54 Preservation of confidentiality\n\nAn ADR convenor must not, without reasonable excuse, disclose information coming to the ADR convenor’s knowledge during an ADR process.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse to disclose information if the disclosure is made—\nwith the agreement of all the parties to the ADR process; or\nfor the purpose of giving effect to this part; or\nfor statistical purposes not likely to reveal the identity of a person to whom the information relates; or\nfor an inquiry or proceeding about an offence happening during the ADR process; or\nfor a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or\nunder a requirement imposed under an Act.\n(sec.54-ssec.1) An ADR convenor must not, without reasonable excuse, disclose information coming to the ADR convenor’s knowledge during an ADR process. Maximum penalty—50 penalty units.\n(sec.54-ssec.2) It is a reasonable excuse to disclose information if the disclosure is made— with the agreement of all the parties to the ADR process; or for the purpose of giving effect to this part; or for statistical purposes not likely to reveal the identity of a person to whom the information relates; or for an inquiry or proceeding about an offence happening during the ADR process; or for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or under a requirement imposed under an Act.\n- (a) with the agreement of all the parties to the ADR process; or\n- (b) for the purpose of giving effect to this part; or\n- (c) for statistical purposes not likely to reveal the identity of a person to whom the information relates; or\n- (d) for an inquiry or proceeding about an offence happening during the ADR process; or\n- (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or\n- (f) under a requirement imposed under an Act.","sortOrder":66},{"sectionNumber":"pt.7","sectionType":"part","heading":"Compliance with subpoena etc.","content":"# Compliance with subpoena etc.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Non-attendance of individual witness","content":"### sec.55 Non-attendance of individual witness\n\nThis section applies if an individual fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.\nThe court may make an order for the issue of a warrant for—\nthe arrest of the individual; and\nthe production of the individual as required by the subpoena or order for the purpose of the proceeding; and\nthe detention in custody of the individual until released by the court.\nThe court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.\n(sec.55-ssec.1) This section applies if an individual fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.\n(sec.55-ssec.2) The court may make an order for the issue of a warrant for— the arrest of the individual; and the production of the individual as required by the subpoena or order for the purpose of the proceeding; and the detention in custody of the individual until released by the court.\n(sec.55-ssec.3) The court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.\n- (a) the arrest of the individual; and\n- (b) the production of the individual as required by the subpoena or order for the purpose of the proceeding; and\n- (c) the detention in custody of the individual until released by the court.","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Non-attendance of corporation","content":"### sec.56 Non-attendance of corporation\n\nThis section applies if a corporation or an officer of the corporation fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.\nThe court may make an order for the issue of a warrant for—\nthe arrest of the officer of the corporation to whom the subpoena or order was directed; and\nthe production of the officer as required by the subpoena or order for the purpose of the proceeding; and\nthe detention in custody of the officer until released by the court.\nHowever, if the subpoena or order was directed to the ‘proper officer’ of the corporation, the court may make an order for the issue of a warrant for the arrest of a particular officer only if it is proved the officer had received the subpoena or order, or otherwise had actual knowledge of it.\nThe court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.\n(sec.56-ssec.1) This section applies if a corporation or an officer of the corporation fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.\n(sec.56-ssec.2) The court may make an order for the issue of a warrant for— the arrest of the officer of the corporation to whom the subpoena or order was directed; and the production of the officer as required by the subpoena or order for the purpose of the proceeding; and the detention in custody of the officer until released by the court.\n(sec.56-ssec.3) However, if the subpoena or order was directed to the ‘proper officer’ of the corporation, the court may make an order for the issue of a warrant for the arrest of a particular officer only if it is proved the officer had received the subpoena or order, or otherwise had actual knowledge of it.\n(sec.56-ssec.4) The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.\n- (a) the arrest of the officer of the corporation to whom the subpoena or order was directed; and\n- (b) the production of the officer as required by the subpoena or order for the purpose of the proceeding; and\n- (c) the detention in custody of the officer until released by the court.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Noncompliance is contempt of court","content":"### sec.57 Noncompliance is contempt of court\n\nFailure to comply with a subpoena without lawful excuse is contempt of court and a person who fails to comply may be dealt with for contempt of court.\nNothing in section 55 or 56 affects a court’s power to punish for contempt.\n(sec.57-ssec.1) Failure to comply with a subpoena without lawful excuse is contempt of court and a person who fails to comply may be dealt with for contempt of court.\n(sec.57-ssec.2) Nothing in section 55 or 56 affects a court’s power to punish for contempt.","sortOrder":70},{"sectionNumber":"pt.8","sectionType":"part","heading":"Interest","content":"# Interest","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Interest up to judgment","content":"### sec.58 Interest up to judgment\n\nThis section applies in relation to a proceeding in a court for the payment of money, including a proceeding for debt, damages or the value of goods.\nThis section does not apply in relation to—\na proceeding for a cause of action arising before 21 December 1972; or\na proceeding for the payment of money on which interest is payable as of right whether because of an agreement or otherwise.\nThe Common Law Practice Act Amendment Act 1972 commenced on 21 December 1972.\nThe court may order that there be included in the amount for which judgment is given interest at the rate the court considers appropriate for all or part of the amount and for all or part of the period between the date when the cause of action arose and the date of judgment.\nThis section does not—\nauthorise the giving of interest on interest; or\naffect damages recoverable for the dishonour of a bill of exchange.\n(sec.58-ssec.1) This section applies in relation to a proceeding in a court for the payment of money, including a proceeding for debt, damages or the value of goods.\n(sec.58-ssec.2) This section does not apply in relation to— a proceeding for a cause of action arising before 21 December 1972; or a proceeding for the payment of money on which interest is payable as of right whether because of an agreement or otherwise. The Common Law Practice Act Amendment Act 1972 commenced on 21 December 1972.\n(sec.58-ssec.3) The court may order that there be included in the amount for which judgment is given interest at the rate the court considers appropriate for all or part of the amount and for all or part of the period between the date when the cause of action arose and the date of judgment.\n(sec.58-ssec.4) This section does not— authorise the giving of interest on interest; or affect damages recoverable for the dishonour of a bill of exchange.\n- (a) a proceeding for a cause of action arising before 21 December 1972; or\n- (b) a proceeding for the payment of money on which interest is payable as of right whether because of an agreement or otherwise.\n- (a) authorise the giving of interest on interest; or\n- (b) affect damages recoverable for the dishonour of a bill of exchange.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Interest after money order","content":"### sec.59 Interest after money order\n\nThis section applies in relation to a money order except to the extent the court otherwise orders.\nInterest is payable from the date of the money order on the money order debt.\nThe interest is payable at the rate prescribed under a practice direction made under the Supreme Court of Queensland Act 1991 .\nHowever—\nif—\nthe money order is for payment of a stated amount for damages or costs; and\nthe amount is paid in full within 21 days after the date of the order;\ninterest on the damages or costs is not payable; and\nif—\nthe money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and\nthe amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise;\ninterest on the costs is not payable.\nThis section does not apply in relation to a proceeding for a cause of action arising before 21 December 1972.\nIn this section—\nmoney order —\nincludes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and\ndoes not include an order of the registrar, made under the rules, about the amount payable for costs under a money order.\nmoney order debt , for a money order for the payment of costs in an amount to be ascertained after the order is made, means the amount ascertained under the rules or otherwise.\ns 59 amd 2020 No. 15 s 18\nsub 2023 No. 23 s 39\n(sec.59-ssec.1) This section applies in relation to a money order except to the extent the court otherwise orders.\n(sec.59-ssec.2) Interest is payable from the date of the money order on the money order debt.\n(sec.59-ssec.3) The interest is payable at the rate prescribed under a practice direction made under the Supreme Court of Queensland Act 1991 .\n(sec.59-ssec.4) However— if— the money order is for payment of a stated amount for damages or costs; and the amount is paid in full within 21 days after the date of the order; interest on the damages or costs is not payable; and if— the money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and the amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise; interest on the costs is not payable.\n(sec.59-ssec.5) This section does not apply in relation to a proceeding for a cause of action arising before 21 December 1972.\n(sec.59-ssec.6) In this section— money order — includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and does not include an order of the registrar, made under the rules, about the amount payable for costs under a money order. money order debt , for a money order for the payment of costs in an amount to be ascertained after the order is made, means the amount ascertained under the rules or otherwise.\n- (a) if— (i) the money order is for payment of a stated amount for damages or costs; and (ii) the amount is paid in full within 21 days after the date of the order; interest on the damages or costs is not payable; and\n- (i) the money order is for payment of a stated amount for damages or costs; and\n- (ii) the amount is paid in full within 21 days after the date of the order;\n- (b) if— (i) the money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and (ii) the amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise; interest on the costs is not payable.\n- (i) the money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and\n- (ii) the amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise;\n- (i) the money order is for payment of a stated amount for damages or costs; and\n- (ii) the amount is paid in full within 21 days after the date of the order;\n- (i) the money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and\n- (ii) the amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise;\n- (a) includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and\n- (b) does not include an order of the registrar, made under the rules, about the amount payable for costs under a money order.","sortOrder":73},{"sectionNumber":"pt.9","sectionType":"part","heading":"Assessment of damages","content":"# Assessment of damages","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Income tax reduction for loss of earnings award","content":"### sec.60 Income tax reduction for loss of earnings award\n\nThis section applies to claims for damages for any of the following—\npersonal injury;\nloss of dependency;\nwrongful dismissal.\nDamages based on any of the following—\ndeprivation or impairment of earning capacity;\nloss of earnings;\nloss of future probable earnings;\nmust be reduced by the amount the court considers would have been paid on the relevant earnings as income tax had they been received.\n(sec.60-ssec.1) This section applies to claims for damages for any of the following— personal injury; loss of dependency; wrongful dismissal.\n(sec.60-ssec.2) Damages based on any of the following— deprivation or impairment of earning capacity; loss of earnings; loss of future probable earnings; must be reduced by the amount the court considers would have been paid on the relevant earnings as income tax had they been received.\n- (a) personal injury;\n- (b) loss of dependency;\n- (c) wrongful dismissal.\n- (a) deprivation or impairment of earning capacity;\n- (b) loss of earnings;\n- (c) loss of future probable earnings;","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Discount rate for lump sum award","content":"### sec.61 Discount rate for lump sum award\n\nThis section applies to an award of damages for deprivation or impairment of earning capacity, or for a liability to incur expenditure in the future.\nHowever, this section does not apply to an award of damages to which the Civil Liability Act 2003 , chapter 3 applies.\nWhen assessing an amount of damages as a lump sum for a future loss or expense, the amount must be the present value, calculated using the prescribed discount rate, of the future loss or expense.\nIn this section—\nprescribed discount rate , for an award, means—\nthe discount rate prescribed under a regulation as in force when the award is made; or\nif a discount rate is not prescribed under a regulation when the award is made—5%.\n(sec.61-ssec.1) This section applies to an award of damages for deprivation or impairment of earning capacity, or for a liability to incur expenditure in the future.\n(sec.61-ssec.2) However, this section does not apply to an award of damages to which the Civil Liability Act 2003 , chapter 3 applies.\n(sec.61-ssec.3) When assessing an amount of damages as a lump sum for a future loss or expense, the amount must be the present value, calculated using the prescribed discount rate, of the future loss or expense.\n(sec.61-ssec.4) In this section— prescribed discount rate , for an award, means— the discount rate prescribed under a regulation as in force when the award is made; or if a discount rate is not prescribed under a regulation when the award is made—5%.\n- (a) the discount rate prescribed under a regulation as in force when the award is made; or\n- (b) if a discount rate is not prescribed under a regulation when the award is made—5%.","sortOrder":76},{"sectionNumber":"pt.10","sectionType":"part","heading":"Wrongful death proceedings","content":"# Wrongful death proceedings","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.62 Definitions for pt 10\n\nIn this part—\nchild includes a grandchild and a stepchild.\nmember of the deceased’s family means—\na child of the deceased, including a child born alive after the death of the deceased; or\na person to whom the deceased acted, immediately before his or her death, in place of a parent; or\na parent of the deceased; or\na person who acted, immediately before the death of the deceased, in place of a parent to the deceased; or\na spouse of the deceased.\nparent includes a step-parent and a grandparent.\npersonal representative , for a deceased person, means an executor or administrator of the deceased’s estate.\nspouse see section 63 .\n- (a) a child of the deceased, including a child born alive after the death of the deceased; or\n- (b) a person to whom the deceased acted, immediately before his or her death, in place of a parent; or\n- (c) a parent of the deceased; or\n- (d) a person who acted, immediately before the death of the deceased, in place of a parent to the deceased; or\n- (e) a spouse of the deceased.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of spouse","content":"### sec.63 Meaning of spouse\n\nFor this part, the spouse of a deceased person includes a de facto partner of the deceased only if the deceased and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA —\ngenerally—\nfor a continuous period of at least 2 years ending on the deceased’s death; or\nfor a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or\nif the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.\nIn this section—\nchild of the relationship means a child of the deceased person and the de facto partner, and includes a child born after the deceased’s death.\ndependant , of a deceased person, includes a child born after the deceased’s death who would have been wholly or partially dependent on the deceased’s earnings after the child’s birth if the deceased had not died.\n(sec.63-ssec.1) For this part, the spouse of a deceased person includes a de facto partner of the deceased only if the deceased and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA — generally— for a continuous period of at least 2 years ending on the deceased’s death; or for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.\n(sec.63-ssec.2) In this section— child of the relationship means a child of the deceased person and the de facto partner, and includes a child born after the deceased’s death. dependant , of a deceased person, includes a child born after the deceased’s death who would have been wholly or partially dependent on the deceased’s earnings after the child’s birth if the deceased had not died.\n- (a) generally— (i) for a continuous period of at least 2 years ending on the deceased’s death; or (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or\n- (i) for a continuous period of at least 2 years ending on the deceased’s death; or\n- (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or\n- (b) if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.\n- (i) for a continuous period of at least 2 years ending on the deceased’s death; or\n- (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Liability for a death","content":"### sec.64 Liability for a death\n\nThis section applies if—\na death is caused by a wrongful act or omission, whether or not an offence; and\nthe act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury.\nThe person who would have been liable if the death had not resulted is liable for damages despite the death and whether or not the death was caused by circumstances that were an offence.\nIn a proceeding under this part, a court may award to the members of the deceased person’s family the damages it considers to be proportional to the damage to them resulting from the death.\nThe amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded to the person.\ns 64 amd 2019 No. 34 s 8\n(sec.64-ssec.1) This section applies if— a death is caused by a wrongful act or omission, whether or not an offence; and the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury.\n(sec.64-ssec.2) The person who would have been liable if the death had not resulted is liable for damages despite the death and whether or not the death was caused by circumstances that were an offence.\n(sec.64-ssec.3) In a proceeding under this part, a court may award to the members of the deceased person’s family the damages it considers to be proportional to the damage to them resulting from the death.\n(sec.64-ssec.4) The amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded to the person.\n- (a) a death is caused by a wrongful act or omission, whether or not an offence; and\n- (b) the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury.","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"One proceeding for benefit of members of deceased person’s family","content":"### sec.65 One proceeding for benefit of members of deceased person’s family\n\nNot more than 1 proceeding under this part may be brought against a person in relation to a death.\nThe proceeding may be brought by the personal representative of the deceased person, or by any 1 or more of the members of the deceased’s family who suffered damage because of the death, for the benefit of the members of the deceased’s family who suffered damage because of the death.\nA notice given under an Act by a person able to bring a proceeding is taken to have been given on behalf of all members of the deceased’s family who suffered damage because of the death.\nA person able to bring a proceeding may apply to the Supreme Court for directions relating to the steps required to be taken to comply with a requirement under an Act or relating to a proceeding under this part before starting the proceeding.\nThe amount of damages awarded must, after deducting any costs not recovered from the defendant, be divided in the shares the court decides among the members of the deceased’s family who suffered damage because of the death.\n(sec.65-ssec.1) Not more than 1 proceeding under this part may be brought against a person in relation to a death.\n(sec.65-ssec.2) The proceeding may be brought by the personal representative of the deceased person, or by any 1 or more of the members of the deceased’s family who suffered damage because of the death, for the benefit of the members of the deceased’s family who suffered damage because of the death.\n(sec.65-ssec.3) A notice given under an Act by a person able to bring a proceeding is taken to have been given on behalf of all members of the deceased’s family who suffered damage because of the death.\n(sec.65-ssec.4) A person able to bring a proceeding may apply to the Supreme Court for directions relating to the steps required to be taken to comply with a requirement under an Act or relating to a proceeding under this part before starting the proceeding.\n(sec.65-ssec.5) The amount of damages awarded must, after deducting any costs not recovered from the defendant, be divided in the shares the court decides among the members of the deceased’s family who suffered damage because of the death.","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Surviving proceeding other than by personal representative","content":"### sec.66 Surviving proceeding other than by personal representative\n\nIf a person, other than the personal representative of the deceased person, brings a proceeding under this part, the person—\nmay also, on behalf of the estate of the deceased person, pursue any cause of action that survives under the Succession Act 1981 , section 66 ; and\nmust account to the personal representative for any amount the person recovers under paragraph (a) .\n- (a) may also, on behalf of the estate of the deceased person, pursue any cause of action that survives under the Succession Act 1981 , section 66 ; and\n- (b) must account to the personal representative for any amount the person recovers under paragraph (a) .","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Damages for spouse’s benefit","content":"### sec.67 Damages for spouse’s benefit\n\nThis section applies if, in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a spouse of the deceased person as a result of the deceased’s death.\nThe court must not take into account any financial benefits that the spouse may receive as a result of a new relationship that the spouse may enter into after the assessment.\nSubsection (2) applies even if the spouse intends to enter into a new relationship.\nHowever, if the spouse has entered into a new relationship since the deceased person’s death, the court may take into account any financial benefits that the spouse has received, and any financial benefits that the spouse is likely to receive, as a result of the new relationship.\nSubsection (4) applies even if the new relationship ends before the assessment.\nIn considering what financial benefits the spouse is likely to receive as a result of the new relationship, the court must not assume—\nthat the new relationship will necessarily continue; or\nthat the spouse will necessarily continue to receive the same financial benefits as a result of the new relationship as the spouse has already received as a result of the new relationship.\nIn this section—\nfinancial benefits means either or both of the following—\nmonetary benefits;\nother material benefits having a monetary value, including, for example, domestic services.\nrelationship means—\na marriage; or\na de facto relationship within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or\na civil partnership within the meaning of the Acts Interpretation Act 1954 , schedule 1 .\ns 67 amd 2012 No. 17 s 10 ; 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2015 No. 33 s 52 (2) sch pt 2\n(sec.67-ssec.1) This section applies if, in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a spouse of the deceased person as a result of the deceased’s death.\n(sec.67-ssec.2) The court must not take into account any financial benefits that the spouse may receive as a result of a new relationship that the spouse may enter into after the assessment.\n(sec.67-ssec.3) Subsection (2) applies even if the spouse intends to enter into a new relationship.\n(sec.67-ssec.4) However, if the spouse has entered into a new relationship since the deceased person’s death, the court may take into account any financial benefits that the spouse has received, and any financial benefits that the spouse is likely to receive, as a result of the new relationship.\n(sec.67-ssec.5) Subsection (4) applies even if the new relationship ends before the assessment.\n(sec.67-ssec.6) In considering what financial benefits the spouse is likely to receive as a result of the new relationship, the court must not assume— that the new relationship will necessarily continue; or that the spouse will necessarily continue to receive the same financial benefits as a result of the new relationship as the spouse has already received as a result of the new relationship.\n(sec.67-ssec.7) In this section— financial benefits means either or both of the following— monetary benefits; other material benefits having a monetary value, including, for example, domestic services. relationship means— a marriage; or a de facto relationship within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or a civil partnership within the meaning of the Acts Interpretation Act 1954 , schedule 1 .\n- (a) that the new relationship will necessarily continue; or\n- (b) that the spouse will necessarily continue to receive the same financial benefits as a result of the new relationship as the spouse has already received as a result of the new relationship.\n- (a) monetary benefits;\n- (b) other material benefits having a monetary value, including, for example, domestic services.\n- (a) a marriage; or\n- (b) a de facto relationship within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or\n- (c) a civil partnership within the meaning of the Acts Interpretation Act 1954 , schedule 1 .","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Damages for child’s benefit","content":"### sec.68 Damages for child’s benefit\n\nThis section applies if—\nin a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a child of the deceased person as a result of the deceased’s death; and\nthe deceased predeceases another parent of the child (the surviving parent ).\nIf there was a relationship between the deceased person and the surviving parent immediately before the deceased’s death, it is irrelevant to the assessment whether or not the relationship would have continued apart from the death.\nIf there was a relationship between the deceased person and the surviving parent that ended before the deceased’s death, any damages assessed must not be reduced because the relationship ended before the death.\nIn assessing damages, the court must not take into account any financial benefits that the child has received, or may receive, from any person other than the deceased person, including any financial benefits that the child has received, or may receive, as a result of—\na new relationship that the surviving parent may enter into after the assessment; or\na new relationship entered into by the surviving parent since the death of the deceased.\nIn this section—\nfinancial benefits see section 67 .\nrelationship see section 67 .\n(sec.68-ssec.1) This section applies if— in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a child of the deceased person as a result of the deceased’s death; and the deceased predeceases another parent of the child (the surviving parent ).\n(sec.68-ssec.2) If there was a relationship between the deceased person and the surviving parent immediately before the deceased’s death, it is irrelevant to the assessment whether or not the relationship would have continued apart from the death.\n(sec.68-ssec.3) If there was a relationship between the deceased person and the surviving parent that ended before the deceased’s death, any damages assessed must not be reduced because the relationship ended before the death.\n(sec.68-ssec.4) In assessing damages, the court must not take into account any financial benefits that the child has received, or may receive, from any person other than the deceased person, including any financial benefits that the child has received, or may receive, as a result of— a new relationship that the surviving parent may enter into after the assessment; or a new relationship entered into by the surviving parent since the death of the deceased.\n(sec.68-ssec.5) In this section— financial benefits see section 67 . relationship see section 67 .\n- (a) in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a child of the deceased person as a result of the deceased’s death; and\n- (b) the deceased predeceases another parent of the child (the surviving parent ).\n- (a) a new relationship that the surviving parent may enter into after the assessment; or\n- (b) a new relationship entered into by the surviving parent since the death of the deceased.","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Transitional application of assessment provisions","content":"### sec.69 Transitional application of assessment provisions\n\nSections 67 and 68 apply in relation to any assessment made in a proceeding under this part regardless of when the death occurred.","sortOrder":85},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amounts not to be taken into account in assessing damages","content":"### sec.70 Amounts not to be taken into account in assessing damages\n\nIn assessing damages in relation to liability under this part, the following must not be taken into account to reduce the damages—\nan amount paid or payable on the death of the deceased person under a contract of insurance;\nan amount paid or payable on the deceased’s death under a contract, other than a contract of insurance, made with a friendly society or other benefit society, or association or trade union;\nan amount paid or payable on the deceased’s death out of a superannuation, provident or similar fund;\nan amount paid or payable on the deceased’s death by way of pension, benefit or allowance under a law of—\nthe Commonwealth; or\nany State; or\nanother country;\na gratuity in whatever form received or receivable on the deceased’s death.\nSubsection (1) applies regardless of whether the amount is paid or payable to or the gratuity is received or receivable by the deceased person’s estate or any person for whose benefit a proceeding may be brought under this part.\n(sec.70-ssec.1) In assessing damages in relation to liability under this part, the following must not be taken into account to reduce the damages— an amount paid or payable on the death of the deceased person under a contract of insurance; an amount paid or payable on the deceased’s death under a contract, other than a contract of insurance, made with a friendly society or other benefit society, or association or trade union; an amount paid or payable on the deceased’s death out of a superannuation, provident or similar fund; an amount paid or payable on the deceased’s death by way of pension, benefit or allowance under a law of— the Commonwealth; or any State; or another country; a gratuity in whatever form received or receivable on the deceased’s death.\n(sec.70-ssec.2) Subsection (1) applies regardless of whether the amount is paid or payable to or the gratuity is received or receivable by the deceased person’s estate or any person for whose benefit a proceeding may be brought under this part.\n- (a) an amount paid or payable on the death of the deceased person under a contract of insurance;\n- (b) an amount paid or payable on the deceased’s death under a contract, other than a contract of insurance, made with a friendly society or other benefit society, or association or trade union;\n- (c) an amount paid or payable on the deceased’s death out of a superannuation, provident or similar fund;\n- (d) an amount paid or payable on the deceased’s death by way of pension, benefit or allowance under a law of— (i) the Commonwealth; or (ii) any State; or (iii) another country;\n- (i) the Commonwealth; or\n- (ii) any State; or\n- (iii) another country;\n- (e) a gratuity in whatever form received or receivable on the deceased’s death.\n- (i) the Commonwealth; or\n- (ii) any State; or\n- (iii) another country;","sortOrder":86},{"sectionNumber":"pt.11","sectionType":"part","heading":"Provisions about ships","content":"# Provisions about ships","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.71 Definitions for pt 11\n\nIn this part—\nowner , for a ship—\nincludes a person responsible for the fault of the ship; and\nmeans the charterer or other person responsible for the navigation and management of the ship if the owner is not responsible for the navigation and management of the ship because of a charter or for any other reason.\ns 71 def owner amd 2017 No. 17 s 16\nship see the Transport Operations (Marine Safety) Act 1994 , section 10 .\n- (a) includes a person responsible for the fault of the ship; and\n- (b) means the charterer or other person responsible for the navigation and management of the ship if the owner is not responsible for the navigation and management of the ship because of a charter or for any other reason.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Damages for personal injury","content":"### sec.72 Damages for personal injury\n\nThis section applies if loss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships.\nThe liability of the owners of the ships is joint and several.\nNothing in this section—\ndeprives a person of any right of defence that the person has apart from this section; or\naffects a person’s right to limit the person’s liability; or\naffects the operation of the Law Reform Act 1995 , section 10 .\nFor circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (a) of that Act.\nThe Law Reform Act 1995 , section 10 deals with the apportionment of liability if there was contributory negligence by the injured or deceased person.\ns 72 amd 2017 No. 17 s 17\n(sec.72-ssec.1) This section applies if loss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships.\n(sec.72-ssec.2) The liability of the owners of the ships is joint and several.\n(sec.72-ssec.3) Nothing in this section— deprives a person of any right of defence that the person has apart from this section; or affects a person’s right to limit the person’s liability; or affects the operation of the Law Reform Act 1995 , section 10 . For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (a) of that Act. The Law Reform Act 1995 , section 10 deals with the apportionment of liability if there was contributory negligence by the injured or deceased person.\n- (a) deprives a person of any right of defence that the person has apart from this section; or\n- (b) affects a person’s right to limit the person’s liability; or\n- (c) affects the operation of the Law Reform Act 1995 , section 10 .\n- 1 For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (a) of that Act.\n- 2 The Law Reform Act 1995 , section 10 deals with the apportionment of liability if there was contributory negligence by the injured or deceased person.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Right of contribution","content":"### sec.73 Right of contribution\n\nThis section applies if—\nloss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships; and\na proportion of the damages is recovered from 1 ship owner that is more than the proportion in which the ship was at fault.\nThe ship owner may recover by way of contribution the amount of the excess from the owners of the other ships in proportion to the degree to which each ship was at fault.\nHowever, an amount may not be recovered by way of contribution if, for any reason, it could not have been recovered in the first instance as damages by the person entitled to sue for them.\nIn addition to any other remedy provided by law and subject to this Act, a ship owner entitled to recover an amount under subsection (2) has, for the purposes of recovering the amount, the same rights and powers as the person entitled to sue for damages in the first instance.\nFor circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (c) of that Act.\ns 73 amd 2017 No. 17 s 18\n(sec.73-ssec.1) This section applies if— loss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships; and a proportion of the damages is recovered from 1 ship owner that is more than the proportion in which the ship was at fault.\n(sec.73-ssec.2) The ship owner may recover by way of contribution the amount of the excess from the owners of the other ships in proportion to the degree to which each ship was at fault.\n(sec.73-ssec.3) However, an amount may not be recovered by way of contribution if, for any reason, it could not have been recovered in the first instance as damages by the person entitled to sue for them.\n(sec.73-ssec.4) In addition to any other remedy provided by law and subject to this Act, a ship owner entitled to recover an amount under subsection (2) has, for the purposes of recovering the amount, the same rights and powers as the person entitled to sue for damages in the first instance. For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (c) of that Act.\n- (a) loss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships; and\n- (b) a proportion of the damages is recovered from 1 ship owner that is more than the proportion in which the ship was at fault.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Other damages","content":"### sec.74 Other damages\n\nThis section applies if, because of the fault of 2 or more ships, damage or loss is caused to 1 or more ships.\nThe Civil Liability Act 2003 , chapter 2 , part 2 does not apply to a claim for the damage or loss.\nThe Civil Liability Act 2003 , chapter 2 , part 2 deals with proportionate liability.\nEach ship is liable for the damage or loss in proportion to the degree to which it was at fault.\nIf it is not possible to establish different degrees of fault, each ship at fault is equally liable for the damage or loss.\nNothing in this section makes a ship liable for damage or loss to which the ship’s fault has not contributed.\nAlso, nothing in this section—\naffects a person’s liability under any contract; or\nimposes a liability on a person from which the person is exempted by any contract or law; or\naffects a person’s right to limit the person’s liability.\nFor this section—\ndamage or loss is caused to a ship if damage or loss is caused to—\nthe ship; or\nthe ship’s cargo or freight, including passage money and hire; or\nany property on board the ship; and\ndamage or loss caused by the fault of a ship includes any salvage or other expenses resulting from that fault that are recoverable at law by way of damages.\nFor circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (b) of that Act.\ns 74 amd 2017 No. 17 s 19\n(sec.74-ssec.1) This section applies if, because of the fault of 2 or more ships, damage or loss is caused to 1 or more ships.\n(sec.74-ssec.2) The Civil Liability Act 2003 , chapter 2 , part 2 does not apply to a claim for the damage or loss. The Civil Liability Act 2003 , chapter 2 , part 2 deals with proportionate liability.\n(sec.74-ssec.3) Each ship is liable for the damage or loss in proportion to the degree to which it was at fault.\n(sec.74-ssec.4) If it is not possible to establish different degrees of fault, each ship at fault is equally liable for the damage or loss.\n(sec.74-ssec.5) Nothing in this section makes a ship liable for damage or loss to which the ship’s fault has not contributed.\n(sec.74-ssec.6) Also, nothing in this section— affects a person’s liability under any contract; or imposes a liability on a person from which the person is exempted by any contract or law; or affects a person’s right to limit the person’s liability.\n(sec.74-ssec.7) For this section— damage or loss is caused to a ship if damage or loss is caused to— the ship; or the ship’s cargo or freight, including passage money and hire; or any property on board the ship; and damage or loss caused by the fault of a ship includes any salvage or other expenses resulting from that fault that are recoverable at law by way of damages. For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (b) of that Act.\n- (a) affects a person’s liability under any contract; or\n- (b) imposes a liability on a person from which the person is exempted by any contract or law; or\n- (c) affects a person’s right to limit the person’s liability.\n- (a) damage or loss is caused to a ship if damage or loss is caused to— (i) the ship; or (ii) the ship’s cargo or freight, including passage money and hire; or (iii) any property on board the ship; and\n- (i) the ship; or\n- (ii) the ship’s cargo or freight, including passage money and hire; or\n- (iii) any property on board the ship; and\n- (b) damage or loss caused by the fault of a ship includes any salvage or other expenses resulting from that fault that are recoverable at law by way of damages.\n- (i) the ship; or\n- (ii) the ship’s cargo or freight, including passage money and hire; or\n- (iii) any property on board the ship; and","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"No statutory presumption of fault","content":"### sec.75 No statutory presumption of fault\n\nIf there is a collision, a ship is not taken to be at fault solely because it infringed any regulation for the prevention of collisions at sea made under the Transport Operations (Marine Safety) Act 1994 .\nFor circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 179 of that Act.\nThe International Regulations for Preventing Collisions at Sea have effect as if they were part of the Transport Operations (Marine Safety) Regulation 2016 under section 79 of that regulation.\ns 75 amd 2017 No. 17 s 20","sortOrder":92},{"sectionNumber":"pt.11A","sectionType":"part","heading":"Court funds","content":"# Court funds","sortOrder":93},{"sectionNumber":"pt.11A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":94},{"sectionNumber":"sec.75A","sectionType":"section","heading":"Definitions for part","content":"### sec.75A Definitions for part\n\nIn this part—\ninterest includes dividends and periodical income.\nmoney in court means—\nan amount paid into court under a law or a court order; or\nan amount placed to the credit of a proceeding or account in a court, including—\ninterest accrued on an amount mentioned in paragraph (a) ; and\ninterest accrued on securities in court.\nregistrar includes a person who, under rules of court, discharges a duty or performs a function of a registrar.\nsecurities —\nincludes debentures, stocks and shares; but\ndoes not include a thing prescribed by regulation not to be a security.\nsecurities in court means—\nsecurities deposited into court under a law or court order; or\nsecurities placed to the credit of a proceeding or account in a court, including securities acquired using money in court or securities in court.\ns 75A ins 2023 No. 23 s 40\n- (a) an amount paid into court under a law or a court order; or\n- (b) an amount placed to the credit of a proceeding or account in a court, including— (i) interest accrued on an amount mentioned in paragraph (a) ; and (ii) interest accrued on securities in court.\n- (i) interest accrued on an amount mentioned in paragraph (a) ; and\n- (ii) interest accrued on securities in court.\n- (i) interest accrued on an amount mentioned in paragraph (a) ; and\n- (ii) interest accrued on securities in court.\n- (a) includes debentures, stocks and shares; but\n- (b) does not include a thing prescribed by regulation not to be a security.\n- (a) securities deposited into court under a law or court order; or\n- (b) securities placed to the credit of a proceeding or account in a court, including securities acquired using money in court or securities in court.","sortOrder":95},{"sectionNumber":"pt.11A-div.2","sectionType":"division","heading":"Money and securities in court","content":"## Money and securities in court","sortOrder":96},{"sectionNumber":"sec.75B","sectionType":"section","heading":"Court suitors fund","content":"### sec.75B Court suitors fund\n\nThe Court Suitors Fund established under the repealed Court Funds Act 1973 is continued in existence under this Act.\nThe fund is to be administered by the chief executive.\nThe fund does not form part of the consolidated fund.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nHowever, amounts received for the fund must be deposited in a departmental financial institution account of the department used only for amounts received for the fund.\nAn amount paid into court as money in court must be paid into the fund at the time, and in the way, prescribed by regulation.\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial institution account , of the department, means an account of the department under the Financial Accountability Act 2009 , section 83 .\ns 75B ins 2023 No. 23 s 40\n(sec.75B-ssec.1) The Court Suitors Fund established under the repealed Court Funds Act 1973 is continued in existence under this Act.\n(sec.75B-ssec.2) The fund is to be administered by the chief executive.\n(sec.75B-ssec.3) The fund does not form part of the consolidated fund.\n(sec.75B-ssec.4) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.75B-ssec.5) However, amounts received for the fund must be deposited in a departmental financial institution account of the department used only for amounts received for the fund.\n(sec.75B-ssec.6) An amount paid into court as money in court must be paid into the fund at the time, and in the way, prescribed by regulation.\n(sec.75B-ssec.7) In this section— departmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial institution account , of the department, means an account of the department under the Financial Accountability Act 2009 , section 83 .","sortOrder":97},{"sectionNumber":"sec.75C","sectionType":"section","heading":"Dealing with money and securities in court","content":"### sec.75C Dealing with money and securities in court\n\nMoney in court and securities in court may be dealt with only in accordance with this Act, the rules of court and any court order about the money or securities.\nIn this section—\ndealt with means paid, delivered, transferred, invested or sold.\ns 75C ins 2023 No. 23 s 40\n(sec.75C-ssec.1) Money in court and securities in court may be dealt with only in accordance with this Act, the rules of court and any court order about the money or securities.\n(sec.75C-ssec.2) In this section— dealt with means paid, delivered, transferred, invested or sold.","sortOrder":98},{"sectionNumber":"sec.75D","sectionType":"section","heading":"Vesting of money and securities in court","content":"### sec.75D Vesting of money and securities in court\n\nThis section applies to—\nan amount paid into court as money in court; or\nsecurities deposited into court as securities in court.\nThe amount or securities vest in the chief executive on behalf of the court without any conveyance, transfer or assignment.\ns 75D ins 2023 No. 23 s 40\n(sec.75D-ssec.1) This section applies to— an amount paid into court as money in court; or securities deposited into court as securities in court.\n(sec.75D-ssec.2) The amount or securities vest in the chief executive on behalf of the court without any conveyance, transfer or assignment.\n- (a) an amount paid into court as money in court; or\n- (b) securities deposited into court as securities in court.","sortOrder":99},{"sectionNumber":"pt.12","sectionType":"part","heading":"Assessors and referees","content":"# Assessors and referees","sortOrder":100},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Assessors","content":"## Assessors","sortOrder":101},{"sectionNumber":"sec.76","sectionType":"section","heading":"Definitions for division","content":"### sec.76 Definitions for division\n\nIn this division—\naccount assessor means an account assessor under the rules.\ns 76 def account assessor ins 2020 No. 15 s 19 (2)\nassessment means—\na costs assessment; or\nan account assessment.\nassessor...\ns 76 def assessor om 2020 No. 15 s 19 (1)\ncosts assessment means assessment of a costs statement or itemised bill under the rules, chapter 17A .\ncosts assessor means a costs assessor under the rules.\ns 76 def costs assessor ins 2020 No. 15 s 19 (2)\ntrial assessor means an assessor chosen under the rules, chapter 13 , part 7 .\ns 76 def trial assessor ins 2020 No. 15 s 19 (2)\ns 76 amd 2019 No. 12 s 2D\n- (a) a costs assessment; or\n- (b) an account assessment.","sortOrder":102},{"sectionNumber":"sec.77","sectionType":"section","heading":"Protection and immunity for costs assessors and account assessors","content":"### sec.77 Protection and immunity for costs assessors and account assessors\n\nIn performing the functions of a costs assessor or an account assessor, a costs assessor or an account assessor has the same protection and immunity as a Supreme Court judge performing a judicial function.\nA party appearing in an assessment has the same protection and immunity as the party would have if the assessment were a proceeding being heard before the Supreme Court.\nA witness attending in an assessment has the same protection and immunity as a witness attending before the Supreme Court.\nA document produced at, or used for, an assessment has the same protection during the assessment as it would have if produced before the Supreme Court.\nIn this section—\nparty includes a party’s lawyer or agent.\ns 77 amd 2020 No. 15 s 20\n(sec.77-ssec.1) In performing the functions of a costs assessor or an account assessor, a costs assessor or an account assessor has the same protection and immunity as a Supreme Court judge performing a judicial function.\n(sec.77-ssec.2) A party appearing in an assessment has the same protection and immunity as the party would have if the assessment were a proceeding being heard before the Supreme Court.\n(sec.77-ssec.3) A witness attending in an assessment has the same protection and immunity as a witness attending before the Supreme Court.\n(sec.77-ssec.4) A document produced at, or used for, an assessment has the same protection during the assessment as it would have if produced before the Supreme Court.\n(sec.77-ssec.5) In this section— party includes a party’s lawyer or agent.","sortOrder":103},{"sectionNumber":"sec.78","sectionType":"section","heading":"Preservation of confidentiality","content":"### sec.78 Preservation of confidentiality\n\nA person who gains confidential information through being a costs assessor or an account assessor must not—\nmake a record of the information other than—\nfor the purpose of carrying out the assessment; or\nto discharge another function under a law; or\ndisclose the information other than—\nunder an order of a court or tribunal; or\nas authorised by the person to whom the confidential information relates.\nIn this section—\nconfidential information includes information about a person’s affairs, but does not include—\ninformation already publicly disclosed unless further disclosure of the information is prohibited by law; or\nstatistical information not likely to result in the identification of the person to whom the information relates.\ns 78 amd 2020 No. 15 s 21\n(sec.78-ssec.1) A person who gains confidential information through being a costs assessor or an account assessor must not— make a record of the information other than— for the purpose of carrying out the assessment; or to discharge another function under a law; or disclose the information other than— under an order of a court or tribunal; or as authorised by the person to whom the confidential information relates.\n(sec.78-ssec.2) In this section— confidential information includes information about a person’s affairs, but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical information not likely to result in the identification of the person to whom the information relates.\n- (a) make a record of the information other than— (i) for the purpose of carrying out the assessment; or (ii) to discharge another function under a law; or\n- (i) for the purpose of carrying out the assessment; or\n- (ii) to discharge another function under a law; or\n- (b) disclose the information other than— (i) under an order of a court or tribunal; or (ii) as authorised by the person to whom the confidential information relates.\n- (i) under an order of a court or tribunal; or\n- (ii) as authorised by the person to whom the confidential information relates.\n- (i) for the purpose of carrying out the assessment; or\n- (ii) to discharge another function under a law; or\n- (i) under an order of a court or tribunal; or\n- (ii) as authorised by the person to whom the confidential information relates.\n- (a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or\n- (b) statistical information not likely to result in the identification of the person to whom the information relates.","sortOrder":104},{"sectionNumber":"sec.79","sectionType":"section","heading":"Preservation of privilege","content":"### sec.79 Preservation of privilege\n\nPrivilege continues despite disclosure to a costs assessor or an account assessor.\ns 79 amd 2020 No. 15 s 22","sortOrder":105},{"sectionNumber":"sec.79AA","sectionType":"section","heading":"Protection and immunity for trial assessors","content":"### sec.79AA Protection and immunity for trial assessors\n\nIn performing the functions of a trial assessor, a trial assessor has the same protection and immunity as a witness attending before the Supreme Court.\ns 79AA ins 2020 No. 15 s 23","sortOrder":106},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Referees","content":"## Referees","sortOrder":107},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Protection and immunity","content":"### sec.79A Protection and immunity\n\nIn performing the functions of referee, a referee has the same protection and immunity as a Supreme Court judge performing a judicial function.\nA party appearing in an inquiry before a referee has the same protection and immunity as the party would have if the inquiry were a proceeding being heard before the Supreme Court.\nA witness attending an inquiry before a referee has the same protection and immunity as a witness attending before the Supreme Court.\nA document produced at, or used for, an inquiry before a referee has the same protection during the inquiry as it would have if produced before the Supreme Court.\nIn this section—\ninquiry , before a referee, means an inquiry into a question in a proceeding that is referred under the rules to the referee.\nparty includes a party’s lawyer or agent.\nreferee means a referee appointed under the rules.\ns 79A ins 2019 No. 12 s 2E\n(sec.79A-ssec.1) In performing the functions of referee, a referee has the same protection and immunity as a Supreme Court judge performing a judicial function.\n(sec.79A-ssec.2) A party appearing in an inquiry before a referee has the same protection and immunity as the party would have if the inquiry were a proceeding being heard before the Supreme Court.\n(sec.79A-ssec.3) A witness attending an inquiry before a referee has the same protection and immunity as a witness attending before the Supreme Court.\n(sec.79A-ssec.4) A document produced at, or used for, an inquiry before a referee has the same protection during the inquiry as it would have if produced before the Supreme Court.\n(sec.79A-ssec.5) In this section— inquiry , before a referee, means an inquiry into a question in a proceeding that is referred under the rules to the referee. party includes a party’s lawyer or agent. referee means a referee appointed under the rules.","sortOrder":108},{"sectionNumber":"pt.13","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":109},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Judgments","content":"## Judgments","sortOrder":110},{"sectionNumber":"sec.80","sectionType":"section","heading":"Judgment for detention of goods","content":"### sec.80 Judgment for detention of goods\n\nThis section applies to a proceeding for detention of goods.\nJudgment for detention of goods must be that—\nthe defendant return specific goods to the plaintiff; or\nthe defendant return specific goods, or pay their value, to the plaintiff; or\nthe defendant pay the value of the goods, whether with or without a condition that the value is not payable if specific goods are returned within a stated time.\nA judgment for detention of goods may also provide for damages for detention of the goods.\n(sec.80-ssec.1) This section applies to a proceeding for detention of goods.\n(sec.80-ssec.2) Judgment for detention of goods must be that— the defendant return specific goods to the plaintiff; or the defendant return specific goods, or pay their value, to the plaintiff; or the defendant pay the value of the goods, whether with or without a condition that the value is not payable if specific goods are returned within a stated time.\n(sec.80-ssec.3) A judgment for detention of goods may also provide for damages for detention of the goods.\n- (a) the defendant return specific goods to the plaintiff; or\n- (b) the defendant return specific goods, or pay their value, to the plaintiff; or\n- (c) the defendant pay the value of the goods, whether with or without a condition that the value is not payable if specific goods are returned within a stated time.","sortOrder":111},{"sectionNumber":"sec.81","sectionType":"section","heading":"Judgment for return of goods","content":"### sec.81 Judgment for return of goods\n\nA judgment under section 80 (2) (a) that the defendant return specific goods to the plaintiff may be enforced by an enforcement warrant to seize and deliver the goods.\nIf the judgment states a time within which the goods are to be returned and the goods are not returned within the stated time, the judgment may also be enforced by—\npunishment of the defendant for contempt; and\nan enforcement warrant to seize and deliver property.\nIf an enforcement warrant mentioned in subsection (1) can not be enforced, the plaintiff may apply to the court and the court may make any order it considers appropriate.\n(sec.81-ssec.1) A judgment under section 80 (2) (a) that the defendant return specific goods to the plaintiff may be enforced by an enforcement warrant to seize and deliver the goods.\n(sec.81-ssec.2) If the judgment states a time within which the goods are to be returned and the goods are not returned within the stated time, the judgment may also be enforced by— punishment of the defendant for contempt; and an enforcement warrant to seize and deliver property.\n(sec.81-ssec.3) If an enforcement warrant mentioned in subsection (1) can not be enforced, the plaintiff may apply to the court and the court may make any order it considers appropriate.\n- (a) punishment of the defendant for contempt; and\n- (b) an enforcement warrant to seize and deliver property.","sortOrder":112},{"sectionNumber":"sec.82","sectionType":"section","heading":"Judgment for return of goods or payment of their value","content":"### sec.82 Judgment for return of goods or payment of their value\n\nThis section applies if judgment is given under section 80 (2) (b) that the defendant return specific goods, or pay their value, to the plaintiff.\nIf the value of the goods has been assessed—\nthe judgment must provide for payment of the amount assessed; and\nthe plaintiff may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.\nIf the value of the goods has not been assessed—\nthe judgment must provide for the value to be assessed; and\nthe plaintiff may have the value assessed and may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.\n(sec.82-ssec.1) This section applies if judgment is given under section 80 (2) (b) that the defendant return specific goods, or pay their value, to the plaintiff.\n(sec.82-ssec.2) If the value of the goods has been assessed— the judgment must provide for payment of the amount assessed; and the plaintiff may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.\n(sec.82-ssec.3) If the value of the goods has not been assessed— the judgment must provide for the value to be assessed; and the plaintiff may have the value assessed and may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.\n- (a) the judgment must provide for payment of the amount assessed; and\n- (b) the plaintiff may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.\n- (a) the judgment must provide for the value to be assessed; and\n- (b) the plaintiff may have the value assessed and may enforce the judgment as a money order for the amount assessed if the defendant does not return the goods.","sortOrder":113},{"sectionNumber":"sec.83","sectionType":"section","heading":"Effect of money order","content":"### sec.83 Effect of money order\n\nA money order has the effect of a judgment at law.\nA money order may be enforced only under this part regardless of whether the order was made in a court’s common law jurisdiction or its equitable jurisdiction.\nIf a court has jurisdiction to order a party to do an act, the court may make a special order for the payment of money enforceable as an order to do an act.\n(sec.83-ssec.1) A money order has the effect of a judgment at law.\n(sec.83-ssec.2) A money order may be enforced only under this part regardless of whether the order was made in a court’s common law jurisdiction or its equitable jurisdiction.\n(sec.83-ssec.3) If a court has jurisdiction to order a party to do an act, the court may make a special order for the payment of money enforceable as an order to do an act.","sortOrder":114},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Enforcement generally","content":"## Enforcement generally","sortOrder":115},{"sectionNumber":"sec.84","sectionType":"section","heading":"Demand for compliance unnecessary","content":"### sec.84 Demand for compliance unnecessary\n\nIt is not necessary to demand compliance with an order before starting enforcement proceedings for the order.\nIf, under an Act, the rules or an order of a court, an order must be served on a person before the order may be enforced against the person, the order may be served without a demand for compliance.\n(sec.84-ssec.1) It is not necessary to demand compliance with an order before starting enforcement proceedings for the order.\n(sec.84-ssec.2) If, under an Act, the rules or an order of a court, an order must be served on a person before the order may be enforced against the person, the order may be served without a demand for compliance.","sortOrder":116},{"sectionNumber":"sec.85","sectionType":"section","heading":"Interest recoverable on enforcement","content":"### sec.85 Interest recoverable on enforcement\n\nAn enforcement warrant for the enforcement of a money order authorises, without the need for any further order, the levying of interest on the amount payable at the rate applying under section 59 .","sortOrder":117},{"sectionNumber":"sec.86","sectionType":"section","heading":"Enforcement against partnership","content":"### sec.86 Enforcement against partnership\n\nAn order against partners suing or sued in the name of the partnership may be enforced against any 1 or more of the following—\npartnership property;\na partner who filed a notice of intention to defend;\na person who has admitted being a partner;\na person who the court has decided is a partner;\na person who has been individually served as a partner with the originating process and who has not filed a notice of intention to defend.\nThis section has effect subject to the Partnership Act 1891 , section 65 .\nPartnership Act 1891 , section 65 (Legal proceedings)\n(sec.86-ssec.1) An order against partners suing or sued in the name of the partnership may be enforced against any 1 or more of the following— partnership property; a partner who filed a notice of intention to defend; a person who has admitted being a partner; a person who the court has decided is a partner; a person who has been individually served as a partner with the originating process and who has not filed a notice of intention to defend.\n(sec.86-ssec.2) This section has effect subject to the Partnership Act 1891 , section 65 . Partnership Act 1891 , section 65 (Legal proceedings)\n- (a) partnership property;\n- (b) a partner who filed a notice of intention to defend;\n- (c) a person who has admitted being a partner;\n- (d) a person who the court has decided is a partner;\n- (e) a person who has been individually served as a partner with the originating process and who has not filed a notice of intention to defend.","sortOrder":118},{"sectionNumber":"sec.87","sectionType":"section","heading":"Variation of order in partnership name","content":"### sec.87 Variation of order in partnership name\n\nDespite section 86 , the court may vary an order against a partnership in the partnership name to make it an order against the persons who were partners when the cause of action arose.","sortOrder":119},{"sectionNumber":"sec.88","sectionType":"section","heading":"Enforcement against property of a business","content":"### sec.88 Enforcement against property of a business\n\nThis section applies if—\na proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name (whether or not the name is registered on the Business Names Register or held under business names legislation); and\nthe proceeding is started in the name under which the person carries on business; and\nthe proceeding is continued by leave of the court.\nAn order in the proceeding may be enforced against any property of the person carrying on the business.\nFor subsection (1) (a) , a name is held under business names legislation only if it is held under—\nthe Business Names Registration Act 2011 (Cwlth) , section 54 ; or\nthe Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\ns 88 amd 2011 No. 45 s 214 ; 2017 No. 17 s 21\n(sec.88-ssec.1) This section applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name (whether or not the name is registered on the Business Names Register or held under business names legislation); and the proceeding is started in the name under which the person carries on business; and the proceeding is continued by leave of the court.\n(sec.88-ssec.2) An order in the proceeding may be enforced against any property of the person carrying on the business.\n(sec.88-ssec.3) For subsection (1) (a) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\n- (a) a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name (whether or not the name is registered on the Business Names Register or held under business names legislation); and\n- (b) the proceeding is started in the name under which the person carries on business; and\n- (c) the proceeding is continued by leave of the court.\n- (a) the Business Names Registration Act 2011 (Cwlth) , section 54 ; or\n- (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.","sortOrder":120},{"sectionNumber":"sec.89","sectionType":"section","heading":"Variation of order in relation to a business name","content":"### sec.89 Variation of order in relation to a business name\n\nDespite section 88 , a court may vary its order, in relation to a business, made in the name under which 1 or more persons carry on the business (whether or not the name is registered on the Business Names Register or held under business names legislation), to make it an order against a person carrying on the business.\nFor subsection (1) , a name is held under business names legislation only if it is held under—\nthe Business Names Registration Act 2011 (Cwlth) , section 54 ; or\nthe Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\ns 89 amd 2011 No. 45 s 215 ; 2017 No. 17 s 22\n(sec.89-ssec.1) Despite section 88 , a court may vary its order, in relation to a business, made in the name under which 1 or more persons carry on the business (whether or not the name is registered on the Business Names Register or held under business names legislation), to make it an order against a person carrying on the business.\n(sec.89-ssec.2) For subsection (1) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\n- (a) the Business Names Registration Act 2011 (Cwlth) , section 54 ; or\n- (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.","sortOrder":121},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Enforcement warrants","content":"## Enforcement warrants","sortOrder":122},{"sectionNumber":"sec.90","sectionType":"section","heading":"Enforcement warrant","content":"### sec.90 Enforcement warrant\n\nTo enforce an order (the original order ) other than an order for the payment of money into court, a person entitled to enforce the original order may obtain an enforcement warrant from the court.\nAn enforcement warrant may contain any order directed to enforcing the original order, including an order authorising—\nan enforcement officer to seize and sell, in satisfaction of a money order debt, all real and personal property (other than exempt property) in which an enforcement debtor has a legal or beneficial interest; or\nredirection to an enforcement creditor of particular debts, belonging to an enforcement debtor, from a third person; or\nredirection to an enforcement creditor of particular earnings, of an enforcement debtor, from a third person; or\nan enforcement officer to enter and deliver possession of land; or\nan enforcement officer to seize and deliver specific goods; or\nan enforcement officer to seize and detain property.\nAn enforcement warrant may contain more than 1 order directed to enforcing the original order and may be issued to enforce an original order that is a money order and a non-money order.\nHowever, only the Supreme Court may issue an enforcement warrant containing a charging order.\nIn this section—\ncharging order includes an order charging all or part of an enforcement debtor’s legal or equitable interest in 1 or more of the following—\nannuities;\ndebentures;\nstocks;\nbonds;\nshares;\nmarketable securities;\nprescribed interests;\nunits of shares, marketable securities or prescribed interests.\n(sec.90-ssec.1) To enforce an order (the original order ) other than an order for the payment of money into court, a person entitled to enforce the original order may obtain an enforcement warrant from the court.\n(sec.90-ssec.2) An enforcement warrant may contain any order directed to enforcing the original order, including an order authorising— an enforcement officer to seize and sell, in satisfaction of a money order debt, all real and personal property (other than exempt property) in which an enforcement debtor has a legal or beneficial interest; or redirection to an enforcement creditor of particular debts, belonging to an enforcement debtor, from a third person; or redirection to an enforcement creditor of particular earnings, of an enforcement debtor, from a third person; or an enforcement officer to enter and deliver possession of land; or an enforcement officer to seize and deliver specific goods; or an enforcement officer to seize and detain property.\n(sec.90-ssec.3) An enforcement warrant may contain more than 1 order directed to enforcing the original order and may be issued to enforce an original order that is a money order and a non-money order.\n(sec.90-ssec.4) However, only the Supreme Court may issue an enforcement warrant containing a charging order.\n(sec.90-ssec.5) In this section— charging order includes an order charging all or part of an enforcement debtor’s legal or equitable interest in 1 or more of the following— annuities; debentures; stocks; bonds; shares; marketable securities; prescribed interests; units of shares, marketable securities or prescribed interests.\n- (a) an enforcement officer to seize and sell, in satisfaction of a money order debt, all real and personal property (other than exempt property) in which an enforcement debtor has a legal or beneficial interest; or\n- (b) redirection to an enforcement creditor of particular debts, belonging to an enforcement debtor, from a third person; or\n- (c) redirection to an enforcement creditor of particular earnings, of an enforcement debtor, from a third person; or\n- (d) an enforcement officer to enter and deliver possession of land; or\n- (e) an enforcement officer to seize and deliver specific goods; or\n- (f) an enforcement officer to seize and detain property.\n- (a) annuities;\n- (b) debentures;\n- (c) stocks;\n- (d) bonds;\n- (e) shares;\n- (f) marketable securities;\n- (g) prescribed interests;\n- (h) units of shares, marketable securities or prescribed interests.","sortOrder":123},{"sectionNumber":"sec.91","sectionType":"section","heading":"Period of enforcement warrant","content":"### sec.91 Period of enforcement warrant\n\nAn enforcement warrant ends 1 year after it issues unless the warrant states that it ends at an earlier time.","sortOrder":124},{"sectionNumber":"sec.92","sectionType":"section","heading":"Payment under enforcement warrant","content":"### sec.92 Payment under enforcement warrant\n\nA payment under an enforcement warrant discharges the person making the payment to the extent of the payment.","sortOrder":125},{"sectionNumber":"sec.93","sectionType":"section","heading":"Securities held by enforcement officer","content":"### sec.93 Securities held by enforcement officer\n\nThis section applies if an enforcement officer seizes cheques, bills of exchange, promissory notes, specialties or other securities for money (the seized documents ) under an enforcement warrant to enforce a money order.\nThe enforcement officer holds the seized documents as security for the amount to be recovered under the enforcement warrant for the benefit of the enforcement creditor.\nThe enforcement officer may receive an amount payable under a seized document from the person liable under it.\nThe rules may make provision about proceedings to recover amounts under a seized document, including who may start a proceeding.\n(sec.93-ssec.1) This section applies if an enforcement officer seizes cheques, bills of exchange, promissory notes, specialties or other securities for money (the seized documents ) under an enforcement warrant to enforce a money order.\n(sec.93-ssec.2) The enforcement officer holds the seized documents as security for the amount to be recovered under the enforcement warrant for the benefit of the enforcement creditor.\n(sec.93-ssec.3) The enforcement officer may receive an amount payable under a seized document from the person liable under it.\n(sec.93-ssec.4) The rules may make provision about proceedings to recover amounts under a seized document, including who may start a proceeding.","sortOrder":126},{"sectionNumber":"sec.94","sectionType":"section","heading":"Redirection of joint funds","content":"### sec.94 Redirection of joint funds\n\nThis section applies if the debt belonging to the enforcement debtor is a fund of money owned by the enforcement debtor and others (a joint fund ).\nAn enforcement warrant may authorise redirection to an enforcement creditor of a joint fund to the extent of the enforcement debtor’s entitlement.\nIt is presumed a joint fund is owned by the fund owners in equal shares unless, on application of a fund owner or enforcement creditor, the court decides the actual beneficial entitlement of each fund owner.\n(sec.94-ssec.1) This section applies if the debt belonging to the enforcement debtor is a fund of money owned by the enforcement debtor and others (a joint fund ).\n(sec.94-ssec.2) An enforcement warrant may authorise redirection to an enforcement creditor of a joint fund to the extent of the enforcement debtor’s entitlement.\n(sec.94-ssec.3) It is presumed a joint fund is owned by the fund owners in equal shares unless, on application of a fund owner or enforcement creditor, the court decides the actual beneficial entitlement of each fund owner.","sortOrder":127},{"sectionNumber":"sec.95","sectionType":"section","heading":"State debts","content":"### sec.95 State debts\n\nIf the debt belonging to an enforcement debtor is from a public sector unit and payable out of the consolidated fund or money controlled by a public sector unit (a State debt ), an application for an enforcement warrant and the enforcement warrant must name the chief executive, by title, of the public sector unit as the third person in whose hands the State debt is redirected.\nSubsection (1) applies despite the Crown Proceedings Act 1980 , section 8 .\nCrown Proceedings Act 1980 , section 8 (1) —\n‘8 Mode of proceeding\nSubject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.’\nIn this section—\npublic sector unit means any of the following—\na department;\na public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ;\nan agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose;\na part of an entity mentioned in paragraph (a) , (b) or (c) .\ns 95 amd 2022 No. 34 s 365 sch 3\n(sec.95-ssec.1) If the debt belonging to an enforcement debtor is from a public sector unit and payable out of the consolidated fund or money controlled by a public sector unit (a State debt ), an application for an enforcement warrant and the enforcement warrant must name the chief executive, by title, of the public sector unit as the third person in whose hands the State debt is redirected.\n(sec.95-ssec.2) Subsection (1) applies despite the Crown Proceedings Act 1980 , section 8 . Crown Proceedings Act 1980 , section 8 (1) — ‘8 Mode of proceeding Subject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.’\n(sec.95-ssec.3) In this section— public sector unit means any of the following— a department; a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ; an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; a part of an entity mentioned in paragraph (a) , (b) or (c) .\n- (1) Subject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.’\n- (a) a department;\n- (b) a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ;\n- (c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose;\n- (d) a part of an entity mentioned in paragraph (a) , (b) or (c) .","sortOrder":128},{"sectionNumber":"sec.96","sectionType":"section","heading":"Redirection of partnership debts","content":"### sec.96 Redirection of partnership debts\n\nA court may issue an enforcement warrant authorising redirection to an enforcement creditor of particular debts, belonging to an enforcement debtor, from a partnership carrying on business in Queensland even if a partner resides outside Queensland.","sortOrder":129},{"sectionNumber":"sec.97","sectionType":"section","heading":"Account with financial institution","content":"### sec.97 Account with financial institution\n\nAn amount standing to the credit of an enforcement debtor in an account in a financial institution is, for enforcing a money order, a debt payable to the enforcement debtor, even if any of the following conditions applicable to the account have not been satisfied—\na condition requiring a demand or notice to be made before an amount is withdrawn;\na condition requiring a personal application to be made before an amount is withdrawn;\na condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn;\na similar condition.\nSubsection (1) applies, with any changes necessary, to an amount placed to the credit of an enforcement debtor in an account in a financial institution between the date of the enforcement warrant ordering the redirection and any hearing deciding the validity of the warrant.\n(sec.97-ssec.1) An amount standing to the credit of an enforcement debtor in an account in a financial institution is, for enforcing a money order, a debt payable to the enforcement debtor, even if any of the following conditions applicable to the account have not been satisfied— a condition requiring a demand or notice to be made before an amount is withdrawn; a condition requiring a personal application to be made before an amount is withdrawn; a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn; a similar condition.\n(sec.97-ssec.2) Subsection (1) applies, with any changes necessary, to an amount placed to the credit of an enforcement debtor in an account in a financial institution between the date of the enforcement warrant ordering the redirection and any hearing deciding the validity of the warrant.\n- (a) a condition requiring a demand or notice to be made before an amount is withdrawn;\n- (b) a condition requiring a personal application to be made before an amount is withdrawn;\n- (c) a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn;\n- (d) a similar condition.","sortOrder":130},{"sectionNumber":"sec.98","sectionType":"section","heading":"Enforcement against a third person","content":"### sec.98 Enforcement against a third person\n\nIf a third person—\ndoes not comply with an enforcement warrant authorising redirection of a debt from the third person; and\ndoes not file a notice of objection; and\nfails to dispute the third person’s liability to pay the debt;\nthe enforcement creditor has the same entitlement to enforce the debt as the enforcement debtor had.\nTo remove any doubt, it is declared that if the debt is a State debt under section 95 , the Crown Proceedings Act 1980 , section 11 applies.\nCrown Proceedings Act 1980 , section 11 (Satisfaction of judgment)\n(sec.98-ssec.1) If a third person— does not comply with an enforcement warrant authorising redirection of a debt from the third person; and does not file a notice of objection; and fails to dispute the third person’s liability to pay the debt; the enforcement creditor has the same entitlement to enforce the debt as the enforcement debtor had.\n(sec.98-ssec.2) To remove any doubt, it is declared that if the debt is a State debt under section 95 , the Crown Proceedings Act 1980 , section 11 applies. Crown Proceedings Act 1980 , section 11 (Satisfaction of judgment)\n- (a) does not comply with an enforcement warrant authorising redirection of a debt from the third person; and\n- (b) does not file a notice of objection; and\n- (c) fails to dispute the third person’s liability to pay the debt;","sortOrder":131},{"sectionNumber":"sec.99","sectionType":"section","heading":"Redirection of earnings—protection of employee","content":"### sec.99 Redirection of earnings—protection of employee\n\nAn employer must not dismiss an employee, or otherwise prejudice an employee, because an enforcement warrant authorising redirection of the employee’s earnings has been made.\nMaximum penalty—100 penalty units.","sortOrder":132},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Warrant for defendant’s arrest","content":"## Warrant for defendant’s arrest","sortOrder":133},{"sectionNumber":"sec.100","sectionType":"section","heading":"Issue of warrant for defendant’s arrest","content":"### sec.100 Issue of warrant for defendant’s arrest\n\nDespite the District Court of Queensland Act 1967 , section 69 , only the Supreme Court may issue a warrant under this section.\nThe court may issue a warrant for the arrest of a defendant to a claim in any court if the court is satisfied—\nthe defendant has absconded or is about to abscond; and\nthe absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given.\nThe warrant must be in the approved form for the arrest of a defendant.\nThe court may issue the warrant at any time, for example, before the defendant has been served with a claim or before judgment.\nThe warrant must state—\nthe name of the defendant; and\nthe date, within 2 months after the warrant’s issue, the warrant ends.\nThe court may fix an amount as security to be stated in the warrant.\nOn payment of the security, the defendant is entitled not to be arrested or, if arrested, to be released.\nIn fixing the amount, the court may have regard to any matter it considers relevant, including the following matters—\nthe amount, if any, of the plaintiff’s claim;\nthe costs of issuing the warrant;\nan estimate of the costs of executing the warrant.\n(sec.100-ssec.1) Despite the District Court of Queensland Act 1967 , section 69 , only the Supreme Court may issue a warrant under this section.\n(sec.100-ssec.2) The court may issue a warrant for the arrest of a defendant to a claim in any court if the court is satisfied— the defendant has absconded or is about to abscond; and the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given.\n(sec.100-ssec.3) The warrant must be in the approved form for the arrest of a defendant.\n(sec.100-ssec.4) The court may issue the warrant at any time, for example, before the defendant has been served with a claim or before judgment.\n(sec.100-ssec.5) The warrant must state— the name of the defendant; and the date, within 2 months after the warrant’s issue, the warrant ends.\n(sec.100-ssec.6) The court may fix an amount as security to be stated in the warrant.\n(sec.100-ssec.7) On payment of the security, the defendant is entitled not to be arrested or, if arrested, to be released.\n(sec.100-ssec.8) In fixing the amount, the court may have regard to any matter it considers relevant, including the following matters— the amount, if any, of the plaintiff’s claim; the costs of issuing the warrant; an estimate of the costs of executing the warrant.\n- (a) the defendant has absconded or is about to abscond; and\n- (b) the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given.\n- (a) the name of the defendant; and\n- (b) the date, within 2 months after the warrant’s issue, the warrant ends.\n- (a) the amount, if any, of the plaintiff’s claim;\n- (b) the costs of issuing the warrant;\n- (c) an estimate of the costs of executing the warrant.","sortOrder":134},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Enforcement officers","content":"## Enforcement officers","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":"Powers not impaired","content":"### sec.101 Powers not impaired\n\nExcept as provided in this Act, this Act does not take away, lessen or impair any power that was, immediately before the commencement of this section, capable of being exercised by an enforcement officer for a court.","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"No licence necessary for auction","content":"### sec.102 No licence necessary for auction\n\nAn enforcement officer for a court may, in the course of enforcement, sell property by auction without a licence.","sortOrder":137},{"sectionNumber":"sec.103","sectionType":"section","heading":"Transfer to be executed","content":"### sec.103 Transfer to be executed\n\nThis section applies if an enforcement officer for a court sells the right, title and interest of another person in relation to land.\nThe sheriff, registrar or clerk of the court must execute the appropriate transfer of the right, title and interest to the purchaser.\nA transfer executed under subsection (2) is evidence that the enforcement officer had power to sell the right, title and interest mentioned in the transfer.\n(sec.103-ssec.1) This section applies if an enforcement officer for a court sells the right, title and interest of another person in relation to land.\n(sec.103-ssec.2) The sheriff, registrar or clerk of the court must execute the appropriate transfer of the right, title and interest to the purchaser.\n(sec.103-ssec.3) A transfer executed under subsection (2) is evidence that the enforcement officer had power to sell the right, title and interest mentioned in the transfer.","sortOrder":138},{"sectionNumber":"pt.13A","sectionType":"part","heading":"Representative proceedings in Supreme Court","content":"# Representative proceedings in Supreme Court","sortOrder":139},{"sectionNumber":"pt.13A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":140},{"sectionNumber":"sec.103A","sectionType":"section","heading":"Definitions for pt 13A","content":"### sec.103A Definitions for pt 13A\n\nIn this part—\ncourt means the Supreme Court.\ndefendant means a person against whom relief is sought in a representative proceeding.\ngroup member means a member of a group of persons on whose behalf a representative proceeding has been started.\nrepresentative party means a person who starts a representative proceeding.\nrepresentative proceeding means a proceeding started under section 103B .\nsub-group member means a person included in a sub-group established under section 103M .\nsub-group representative party means a person appointed to be a sub-group representative party under section 103M .\ns 103A ins 2016 No. 59 s 10","sortOrder":141},{"sectionNumber":"pt.13A-div.2","sectionType":"division","heading":"Conduct of representative proceedings","content":"## Conduct of representative proceedings","sortOrder":142},{"sectionNumber":"sec.103B","sectionType":"section","heading":"Starting proceeding","content":"### sec.103B Starting proceeding\n\nA proceeding may be started under this part if—\n7 or more persons have claims against the same person; and\nthe claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and\nthe claims of all the persons give rise to a substantial common issue of law or fact.\nThe proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.\nThe proceeding may be started—\nwhether or not the relief sought—\nis, or includes, equitable relief; or\nconsists of, or includes, damages; or\nincludes claims for damages that would require individual assessment; or\nis the same for each person represented; and\nwhether or not the proceeding—\nis concerned with separate contracts or transactions between the defendant and individual group members; or\ninvolves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.\ns 103B ins 2016 No. 59 s 10\n(sec.103B-ssec.1) A proceeding may be started under this part if— 7 or more persons have claims against the same person; and the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and the claims of all the persons give rise to a substantial common issue of law or fact.\n(sec.103B-ssec.2) The proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.\n(sec.103B-ssec.3) The proceeding may be started— whether or not the relief sought— is, or includes, equitable relief; or consists of, or includes, damages; or includes claims for damages that would require individual assessment; or is the same for each person represented; and whether or not the proceeding— is concerned with separate contracts or transactions between the defendant and individual group members; or involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.\n- (a) 7 or more persons have claims against the same person; and\n- (b) the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and\n- (c) the claims of all the persons give rise to a substantial common issue of law or fact.\n- (a) whether or not the relief sought— (i) is, or includes, equitable relief; or (ii) consists of, or includes, damages; or (iii) includes claims for damages that would require individual assessment; or (iv) is the same for each person represented; and\n- (i) is, or includes, equitable relief; or\n- (ii) consists of, or includes, damages; or\n- (iii) includes claims for damages that would require individual assessment; or\n- (iv) is the same for each person represented; and\n- (b) whether or not the proceeding— (i) is concerned with separate contracts or transactions between the defendant and individual group members; or (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.\n- (i) is concerned with separate contracts or transactions between the defendant and individual group members; or\n- (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.\n- (i) is, or includes, equitable relief; or\n- (ii) consists of, or includes, damages; or\n- (iii) includes claims for damages that would require individual assessment; or\n- (iv) is the same for each person represented; and\n- (i) is concerned with separate contracts or transactions between the defendant and individual group members; or\n- (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.","sortOrder":143},{"sectionNumber":"sec.103C","sectionType":"section","heading":"Standing","content":"### sec.103C Standing\n\nA person who has a claim as mentioned in section 103B (1) (a) has a sufficient interest to start a representative proceeding against another person (the proposed defendant ) on behalf of other persons who also have a claim as mentioned in that section if the person has standing to start proceedings on the person’s own behalf against the proposed defendant.\nThe person may start a representative proceeding on behalf of other persons against more than 1 defendant, whether or not each of the other persons have a claim against each of the defendants in the proceeding.\nA person who has started a representative proceeding retains standing to do the following even if the person ceases to have a claim against any or all defendants—\ncontinue the proceeding;\nappeal against a decision in the proceeding.\ns 103C ins 2016 No. 59 s 10\n(sec.103C-ssec.1) A person who has a claim as mentioned in section 103B (1) (a) has a sufficient interest to start a representative proceeding against another person (the proposed defendant ) on behalf of other persons who also have a claim as mentioned in that section if the person has standing to start proceedings on the person’s own behalf against the proposed defendant.\n(sec.103C-ssec.2) The person may start a representative proceeding on behalf of other persons against more than 1 defendant, whether or not each of the other persons have a claim against each of the defendants in the proceeding.\n(sec.103C-ssec.3) A person who has started a representative proceeding retains standing to do the following even if the person ceases to have a claim against any or all defendants— continue the proceeding; appeal against a decision in the proceeding.\n- (a) continue the proceeding;\n- (b) appeal against a decision in the proceeding.","sortOrder":144},{"sectionNumber":"sec.103D","sectionType":"section","heading":"Whether consent required to be a group member","content":"### sec.103D Whether consent required to be a group member\n\nSubject to subsection (2) , the consent of a person to be a group member is not required.\nEach of the following persons is a group member only if the person gives consent in writing to be a group member—\nthe Commonwealth or a State;\na Minister of the Commonwealth or a State;\na body corporate established for a public purpose by a law of the Commonwealth or a State, other than an incorporated company or association;\nan officer of the Commonwealth or a State, in his or her capacity as an officer.\ns 103D ins 2016 No. 59 s 10\n(sec.103D-ssec.1) Subject to subsection (2) , the consent of a person to be a group member is not required.\n(sec.103D-ssec.2) Each of the following persons is a group member only if the person gives consent in writing to be a group member— the Commonwealth or a State; a Minister of the Commonwealth or a State; a body corporate established for a public purpose by a law of the Commonwealth or a State, other than an incorporated company or association; an officer of the Commonwealth or a State, in his or her capacity as an officer.\n- (a) the Commonwealth or a State;\n- (b) a Minister of the Commonwealth or a State;\n- (c) a body corporate established for a public purpose by a law of the Commonwealth or a State, other than an incorporated company or association;\n- (d) an officer of the Commonwealth or a State, in his or her capacity as an officer.","sortOrder":145},{"sectionNumber":"sec.103E","sectionType":"section","heading":"Persons under a legal incapacity","content":"### sec.103E Persons under a legal incapacity\n\nIt is not necessary for a person under a legal incapacity to have a litigation guardian merely in order to be a group member.\nA group member who is a person under a legal incapacity may only take a step in the representative proceeding or conduct part of the proceeding by the member’s litigation guardian.\nIn this section—\nperson under a legal incapacity has the meaning given by the Supreme Court of Queensland Act 1991 .\ns 103E ins 2016 No. 59 s 10\n(sec.103E-ssec.1) It is not necessary for a person under a legal incapacity to have a litigation guardian merely in order to be a group member.\n(sec.103E-ssec.2) A group member who is a person under a legal incapacity may only take a step in the representative proceeding or conduct part of the proceeding by the member’s litigation guardian.\n(sec.103E-ssec.3) In this section— person under a legal incapacity has the meaning given by the Supreme Court of Queensland Act 1991 .","sortOrder":146},{"sectionNumber":"sec.103F","sectionType":"section","heading":"Originating process","content":"### sec.103F Originating process\n\nThe originating process for a representative proceeding, or a document filed in support of the originating process, must, in addition to any other matters required—\ndescribe or otherwise identify the group members to whom the proceeding relates; and\nstate the nature of the claims made and relief sought on behalf of the group members; and\nstate the questions of law or fact common to the claims of the group members.\nFor describing or otherwise identifying the group members under subsection (1) (a) , it is not necessary to name or state the number of the group members.\ns 103F ins 2016 No. 59 s 10\n(sec.103F-ssec.1) The originating process for a representative proceeding, or a document filed in support of the originating process, must, in addition to any other matters required— describe or otherwise identify the group members to whom the proceeding relates; and state the nature of the claims made and relief sought on behalf of the group members; and state the questions of law or fact common to the claims of the group members.\n(sec.103F-ssec.2) For describing or otherwise identifying the group members under subsection (1) (a) , it is not necessary to name or state the number of the group members.\n- (a) describe or otherwise identify the group members to whom the proceeding relates; and\n- (b) state the nature of the claims made and relief sought on behalf of the group members; and\n- (c) state the questions of law or fact common to the claims of the group members.","sortOrder":147},{"sectionNumber":"sec.103G","sectionType":"section","heading":"Right of group member to opt out","content":"### sec.103G Right of group member to opt out\n\nThe court must fix a date before which a group member may opt out of a representative proceeding.\nA group member may opt out of the representative proceeding by giving written notice before the date fixed under subsection (1) .\nOn the application of a group member, the representative party or the defendant, the court may fix a later date to extend the period during which a group member may opt out of the representative proceeding under subsection (2) .\nExcept by leave of the court, the hearing of a representative proceeding must not start earlier than the date before which a group member may opt out of the proceeding.\ns 103G ins 2016 No. 59 s 10\n(sec.103G-ssec.1) The court must fix a date before which a group member may opt out of a representative proceeding.\n(sec.103G-ssec.2) A group member may opt out of the representative proceeding by giving written notice before the date fixed under subsection (1) .\n(sec.103G-ssec.3) On the application of a group member, the representative party or the defendant, the court may fix a later date to extend the period during which a group member may opt out of the representative proceeding under subsection (2) .\n(sec.103G-ssec.4) Except by leave of the court, the hearing of a representative proceeding must not start earlier than the date before which a group member may opt out of the proceeding.","sortOrder":148},{"sectionNumber":"sec.103H","sectionType":"section","heading":"Cause of action accruing after representative proceeding started","content":"### sec.103H Cause of action accruing after representative proceeding started\n\nAt any stage of a representative proceeding, on the application of the representative party, the court may give leave to amend the originating process for the proceeding to change the description of the group members.\nThe description of the group members may be changed to include a person—\nwhose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and\nwho would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.\nThe date mentioned in subsection (2) (a) may be the date on which leave is given or another date before or after that date.\nIf the court gives leave under subsection (1) , the court may also make any other order it considers just, including an order relating to—\nthe giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and\nthe date before which the persons may opt out of the representative proceeding.\ns 103H ins 2016 No. 59 s 10\n(sec.103H-ssec.1) At any stage of a representative proceeding, on the application of the representative party, the court may give leave to amend the originating process for the proceeding to change the description of the group members.\n(sec.103H-ssec.2) The description of the group members may be changed to include a person— whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.\n(sec.103H-ssec.3) The date mentioned in subsection (2) (a) may be the date on which leave is given or another date before or after that date.\n(sec.103H-ssec.4) If the court gives leave under subsection (1) , the court may also make any other order it considers just, including an order relating to— the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and the date before which the persons may opt out of the representative proceeding.\n- (a) whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and\n- (b) who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.\n- (a) the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and\n- (b) the date before which the persons may opt out of the representative proceeding.","sortOrder":149},{"sectionNumber":"sec.103I","sectionType":"section","heading":"Fewer than 7 group members","content":"### sec.103I Fewer than 7 group members\n\nIf, at any stage of a representative proceeding, it appears likely to the court that there are fewer than 7 group members, the court may, on the conditions it considers appropriate—\norder that the proceeding be continued under this part; or\norder that the proceeding no longer continue under this part.\ns 103I ins 2016 No. 59 s 10\n- (a) order that the proceeding be continued under this part; or\n- (b) order that the proceeding no longer continue under this part.","sortOrder":150},{"sectionNumber":"sec.103J","sectionType":"section","heading":"Distribution costs excessive","content":"### sec.103J Distribution costs excessive\n\nThis section applies if—\nthe relief sought in a representative proceeding is or includes payment of money to group members, other than for costs; and\non application by the defendant, the court considers it is likely that, if judgment were to be given in favour of the representative party, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\nThe court may, by order—\ndirect that the proceeding no longer continue under this part; or\nstay the proceeding so far as it relates to relief of the kind mentioned in subsection (1) (a) .\ns 103J ins 2016 No. 59 s 10\n(sec.103J-ssec.1) This section applies if— the relief sought in a representative proceeding is or includes payment of money to group members, other than for costs; and on application by the defendant, the court considers it is likely that, if judgment were to be given in favour of the representative party, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\n(sec.103J-ssec.2) The court may, by order— direct that the proceeding no longer continue under this part; or stay the proceeding so far as it relates to relief of the kind mentioned in subsection (1) (a) .\n- (a) the relief sought in a representative proceeding is or includes payment of money to group members, other than for costs; and\n- (b) on application by the defendant, the court considers it is likely that, if judgment were to be given in favour of the representative party, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\n- (a) direct that the proceeding no longer continue under this part; or\n- (b) stay the proceeding so far as it relates to relief of the kind mentioned in subsection (1) (a) .","sortOrder":151},{"sectionNumber":"sec.103K","sectionType":"section","heading":"Discontinuance of proceeding in particular circumstances","content":"### sec.103K Discontinuance of proceeding in particular circumstances\n\nThe court may, on application by the defendant or on its own initiative, order that a proceeding no longer continue under this part if it considers it is in the interests of justice to do so because—\nthe costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or\nall the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or\nthe proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or\na representative party is not able to adequately represent the interests of the group members; or\nit is otherwise inappropriate that the claims be pursued by way of a proceeding under this part.\nFor subsection (1) (e) , it is not inappropriate for claims to be pursued by way of a proceeding under this part merely because the persons identified as group members for the proceeding—\ndo not include all persons on whose behalf the proceeding might have been brought; or\nare aggregated together for a particular purpose including, for example, a litigation funding arrangement.\nIf the court dismisses an application under this section for a proceeding under this part, the court may order that no further application under this section be made by the defendant in the proceeding except with the leave of the court.\nFor subsection (3) , leave may be granted subject to the conditions about costs the court considers just.\ns 103K ins 2016 No. 59 s 10\n(sec.103K-ssec.1) The court may, on application by the defendant or on its own initiative, order that a proceeding no longer continue under this part if it considers it is in the interests of justice to do so because— the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or a representative party is not able to adequately represent the interests of the group members; or it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part.\n(sec.103K-ssec.2) For subsection (1) (e) , it is not inappropriate for claims to be pursued by way of a proceeding under this part merely because the persons identified as group members for the proceeding— do not include all persons on whose behalf the proceeding might have been brought; or are aggregated together for a particular purpose including, for example, a litigation funding arrangement.\n(sec.103K-ssec.3) If the court dismisses an application under this section for a proceeding under this part, the court may order that no further application under this section be made by the defendant in the proceeding except with the leave of the court.\n(sec.103K-ssec.4) For subsection (3) , leave may be granted subject to the conditions about costs the court considers just.\n- (a) the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or\n- (b) all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or\n- (c) the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or\n- (d) a representative party is not able to adequately represent the interests of the group members; or\n- (e) it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part.\n- (a) do not include all persons on whose behalf the proceeding might have been brought; or\n- (b) are aggregated together for a particular purpose including, for example, a litigation funding arrangement.","sortOrder":152},{"sectionNumber":"sec.103L","sectionType":"section","heading":"Effect of discontinuance order under this part","content":"### sec.103L Effect of discontinuance order under this part\n\nIf the court makes an order under section 103I , 103J or 103K that a proceeding no longer continue under this part—\nthe proceeding may be continued as a proceeding by the representative party on the party’s own behalf against the defendant; and\non the application of a person who was a group member for the proceeding, the court may order that the person be joined as an applicant or plaintiff in the continued proceeding.\ns 103L ins 2016 No. 59 s 10\n- (a) the proceeding may be continued as a proceeding by the representative party on the party’s own behalf against the defendant; and\n- (b) on the application of a person who was a group member for the proceeding, the court may order that the person be joined as an applicant or plaintiff in the continued proceeding.","sortOrder":153},{"sectionNumber":"sec.103M","sectionType":"section","heading":"Where not all issues are common","content":"### sec.103M Where not all issues are common\n\nIf it appears to the court that deciding the issue or issues common to all group members will not finally decide the claims of all group members, the court may give directions in relation to deciding the remaining issues.\nIf an issue is common to the claims of some only of the group members, the directions given by the court may include directions—\nestablishing a sub-group consisting of those group members; and\nappointing a person to be the sub-group representative party for the sub-group members.\nIf the court appoints a person other than the representative party to be a sub-group representative party, that person, and not the representative party, is liable for costs associated with deciding the issue or issues common to the sub-group members.\ns 103M ins 2016 No. 59 s 10\n(sec.103M-ssec.1) If it appears to the court that deciding the issue or issues common to all group members will not finally decide the claims of all group members, the court may give directions in relation to deciding the remaining issues.\n(sec.103M-ssec.2) If an issue is common to the claims of some only of the group members, the directions given by the court may include directions— establishing a sub-group consisting of those group members; and appointing a person to be the sub-group representative party for the sub-group members.\n(sec.103M-ssec.3) If the court appoints a person other than the representative party to be a sub-group representative party, that person, and not the representative party, is liable for costs associated with deciding the issue or issues common to the sub-group members.\n- (a) establishing a sub-group consisting of those group members; and\n- (b) appointing a person to be the sub-group representative party for the sub-group members.","sortOrder":154},{"sectionNumber":"sec.103N","sectionType":"section","heading":"Individual issues","content":"### sec.103N Individual issues\n\nIn giving directions under section 103M , the court may allow an individual group member to appear in the proceeding for the purpose of deciding an issue that relates only to the claims of that member.\nIf an individual group member is allowed to appear under subsection (1) , the individual group member, and not the representative party, is liable for costs associated with deciding the issue.\ns 103N ins 2016 No. 59 s 10\n(sec.103N-ssec.1) In giving directions under section 103M , the court may allow an individual group member to appear in the proceeding for the purpose of deciding an issue that relates only to the claims of that member.\n(sec.103N-ssec.2) If an individual group member is allowed to appear under subsection (1) , the individual group member, and not the representative party, is liable for costs associated with deciding the issue.","sortOrder":155},{"sectionNumber":"sec.103O","sectionType":"section","heading":"Directions for further proceedings","content":"### sec.103O Directions for further proceedings\n\nIf an issue can not properly or conveniently be dealt with by the court under section 103M or 103N , the court may give directions for the starting and conduct of other proceedings, whether or not the other proceedings are representative proceedings.\ns 103O ins 2016 No. 59 s 10","sortOrder":156},{"sectionNumber":"sec.103P","sectionType":"section","heading":"Adequacy of representation","content":"### sec.103P Adequacy of representation\n\nIf, on application by a group member, the court considers that a representative party is not able adequately to represent the interests of the group members, the court may—\nsubstitute another group member as the representative party; and\nmake any other orders in relation to the substitution it considers appropriate.\nIf, on application by a sub-group member, the court considers that the sub-group representative party is not able adequately to represent the interests of the sub-group members, the court may—\nsubstitute another person as the sub-group representative party; and\nmake any other orders in relation to the substitution it considers appropriate.\ns 103P ins 2016 No. 59 s 10\n(sec.103P-ssec.1) If, on application by a group member, the court considers that a representative party is not able adequately to represent the interests of the group members, the court may— substitute another group member as the representative party; and make any other orders in relation to the substitution it considers appropriate.\n(sec.103P-ssec.2) If, on application by a sub-group member, the court considers that the sub-group representative party is not able adequately to represent the interests of the sub-group members, the court may— substitute another person as the sub-group representative party; and make any other orders in relation to the substitution it considers appropriate.\n- (a) substitute another group member as the representative party; and\n- (b) make any other orders in relation to the substitution it considers appropriate.\n- (a) substitute another person as the sub-group representative party; and\n- (b) make any other orders in relation to the substitution it considers appropriate.","sortOrder":157},{"sectionNumber":"sec.103Q","sectionType":"section","heading":"Stay of execution in particular circumstances","content":"### sec.103Q Stay of execution in particular circumstances\n\nIf a defendant starts a proceeding in the court against a group member, the court may order a stay of execution for any relief awarded to the group member in the representative proceeding until the other proceeding is decided.\ns 103Q ins 2016 No. 59 s 10","sortOrder":158},{"sectionNumber":"sec.103R","sectionType":"section","heading":"Settlement and discontinuance","content":"### sec.103R Settlement and discontinuance\n\nA representative proceeding may not be settled or discontinued without the approval of the court.\nIf the court gives approval under subsection (1) , it may make any orders it considers just for the distribution of money paid under a settlement or paid into the court.\ns 103R ins 2016 No. 59 s 10\n(sec.103R-ssec.1) A representative proceeding may not be settled or discontinued without the approval of the court.\n(sec.103R-ssec.2) If the court gives approval under subsection (1) , it may make any orders it considers just for the distribution of money paid under a settlement or paid into the court.","sortOrder":159},{"sectionNumber":"sec.103S","sectionType":"section","heading":"Settlement of individual claim of representative party","content":"### sec.103S Settlement of individual claim of representative party\n\nA representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.\nA representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.\nIf a representative party seeks leave to withdraw under subsection (2) , the court may, on the application of a group member, make—\nan order for the substitution of a group member as the representative party; and\nany other orders in relation to the substitution it considers appropriate.\nBefore a representative party may be granted leave to withdraw under subsection (2) —\nthe court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and\nany application for the substitution of a group member as representative party must have been decided.\ns 103S ins 2016 No. 59 s 10\n(sec.103S-ssec.1) A representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.\n(sec.103S-ssec.2) A representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.\n(sec.103S-ssec.3) If a representative party seeks leave to withdraw under subsection (2) , the court may, on the application of a group member, make— an order for the substitution of a group member as the representative party; and any other orders in relation to the substitution it considers appropriate.\n(sec.103S-ssec.4) Before a representative party may be granted leave to withdraw under subsection (2) — the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and any application for the substitution of a group member as representative party must have been decided.\n- (a) an order for the substitution of a group member as the representative party; and\n- (b) any other orders in relation to the substitution it considers appropriate.\n- (a) the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and\n- (b) any application for the substitution of a group member as representative party must have been decided.","sortOrder":160},{"sectionNumber":"pt.13A-div.3","sectionType":"division","heading":"Notices","content":"## Notices","sortOrder":161},{"sectionNumber":"sec.103T","sectionType":"section","heading":"When notice must be given","content":"### sec.103T When notice must be given\n\nNotice must be given to group members of the following matters in relation to a representative proceeding—\nthe starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ;\nan application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;\nan application by a representative party seeking leave to withdraw under section 103S as representative party.\nThe court may dispense with a requirement of subsection (1) if the relief sought in the representative proceeding does not include a claim for damages.\nIf the court orders, notice must be given to group members of the payment into court of money in answer to a cause of action on which a claim in the representative proceeding is based.\nUnless the court considers it just, an application for approval of a settlement under section 103R must not be decided unless notice has been given to group members in the representative proceeding.\nThe court may, at any stage, order that notice of any matter be given to a group member or group members.\nNotice under this section must be given as soon as practicable after the happening of the event to which it relates.\ns 103T ins 2016 No. 59 s 10\n(sec.103T-ssec.1) Notice must be given to group members of the following matters in relation to a representative proceeding— the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ; an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution; an application by a representative party seeking leave to withdraw under section 103S as representative party.\n(sec.103T-ssec.2) The court may dispense with a requirement of subsection (1) if the relief sought in the representative proceeding does not include a claim for damages.\n(sec.103T-ssec.3) If the court orders, notice must be given to group members of the payment into court of money in answer to a cause of action on which a claim in the representative proceeding is based.\n(sec.103T-ssec.4) Unless the court considers it just, an application for approval of a settlement under section 103R must not be decided unless notice has been given to group members in the representative proceeding.\n(sec.103T-ssec.5) The court may, at any stage, order that notice of any matter be given to a group member or group members.\n(sec.103T-ssec.6) Notice under this section must be given as soon as practicable after the happening of the event to which it relates.\n- (a) the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ;\n- (b) an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;\n- (c) an application by a representative party seeking leave to withdraw under section 103S as representative party.","sortOrder":162},{"sectionNumber":"sec.103U","sectionType":"section","heading":"Notice requirements","content":"### sec.103U Notice requirements\n\nThe form and content of a notice under section 103T must be approved by the court.\nThe court must, by order, state—\nwho must give the notice; and\nthe way in which the notice must be given.\nThe order may also—\ndirect a party to provide information relevant to the giving of the notice; and\nprovide for the costs of giving notice.\nAn order under subsection (2) may require notice to be given by way of press advertisement, radio or television broadcast, or any other means.\nThe court must not order that notice be given personally to each group member unless it considers it is reasonably practicable and not unduly expensive to do so.\nA notice about a matter for which the court’s leave or approval is required must state the period within which a group member or other person may apply to the court, or take some other step, in relation to the matter.\nA notice that includes or is about conditions must state the conditions and period, if any, for compliance.\nThe failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given in the representative proceeding.\ns 103U ins 2016 No. 59 s 10\n(sec.103U-ssec.1) The form and content of a notice under section 103T must be approved by the court.\n(sec.103U-ssec.2) The court must, by order, state— who must give the notice; and the way in which the notice must be given.\n(sec.103U-ssec.3) The order may also— direct a party to provide information relevant to the giving of the notice; and provide for the costs of giving notice.\n(sec.103U-ssec.4) An order under subsection (2) may require notice to be given by way of press advertisement, radio or television broadcast, or any other means.\n(sec.103U-ssec.5) The court must not order that notice be given personally to each group member unless it considers it is reasonably practicable and not unduly expensive to do so.\n(sec.103U-ssec.6) A notice about a matter for which the court’s leave or approval is required must state the period within which a group member or other person may apply to the court, or take some other step, in relation to the matter.\n(sec.103U-ssec.7) A notice that includes or is about conditions must state the conditions and period, if any, for compliance.\n(sec.103U-ssec.8) The failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given in the representative proceeding.\n- (a) who must give the notice; and\n- (b) the way in which the notice must be given.\n- (a) direct a party to provide information relevant to the giving of the notice; and\n- (b) provide for the costs of giving notice.","sortOrder":163},{"sectionNumber":"pt.13A-div.4","sectionType":"division","heading":"Powers of the court","content":"## Powers of the court","sortOrder":164},{"sectionNumber":"sec.103V","sectionType":"section","heading":"Judgment","content":"### sec.103V Judgment\n\nThe court may do any 1 or more of the following in deciding a matter in a representative proceeding—\ndecide an issue of law;\ndecide an issue of fact;\nmake a declaration of liability;\ngrant equitable relief;\nmake an award of damages for group members, sub-group members or individual group members, consisting of stated amounts or amounts worked out in a stated way;\naward damages in an aggregate amount without stating amounts awarded in respect of individual group members;\nmake any other order the court considers just.\nIn making an order for an award of damages, the court must provide for the payment or distribution of the money to the group members entitled.\nOther than as provided under section 103R , the court must not make an award of damages as mentioned in subsection (1) (f) unless a reasonably accurate assessment can be made of the total amount to which group members are entitled under the judgment.\nIf the court makes an order for the award of damages, the court may give any directions it considers just in relation to the way in which—\na group member must establish the member’s entitlement to share in the damages; and\nany dispute regarding the entitlement of a group member to share in the damages must be decided.\ns 103V ins 2016 No. 59 s 10\n(sec.103V-ssec.1) The court may do any 1 or more of the following in deciding a matter in a representative proceeding— decide an issue of law; decide an issue of fact; make a declaration of liability; grant equitable relief; make an award of damages for group members, sub-group members or individual group members, consisting of stated amounts or amounts worked out in a stated way; award damages in an aggregate amount without stating amounts awarded in respect of individual group members; make any other order the court considers just.\n(sec.103V-ssec.2) In making an order for an award of damages, the court must provide for the payment or distribution of the money to the group members entitled.\n(sec.103V-ssec.3) Other than as provided under section 103R , the court must not make an award of damages as mentioned in subsection (1) (f) unless a reasonably accurate assessment can be made of the total amount to which group members are entitled under the judgment.\n(sec.103V-ssec.4) If the court makes an order for the award of damages, the court may give any directions it considers just in relation to the way in which— a group member must establish the member’s entitlement to share in the damages; and any dispute regarding the entitlement of a group member to share in the damages must be decided.\n- (a) decide an issue of law;\n- (b) decide an issue of fact;\n- (c) make a declaration of liability;\n- (d) grant equitable relief;\n- (e) make an award of damages for group members, sub-group members or individual group members, consisting of stated amounts or amounts worked out in a stated way;\n- (f) award damages in an aggregate amount without stating amounts awarded in respect of individual group members;\n- (g) make any other order the court considers just.\n- (a) a group member must establish the member’s entitlement to share in the damages; and\n- (b) any dispute regarding the entitlement of a group member to share in the damages must be decided.","sortOrder":165},{"sectionNumber":"sec.103W","sectionType":"section","heading":"Constitution etc. of fund","content":"### sec.103W Constitution etc. of fund\n\nWithout limiting section 103V (2) , in providing for the distribution of money to group members, the court may provide for—\nthe constitution and administration of a fund consisting of the money to be distributed; and\neither—\nthe payment by the defendant of a fixed sum of money into the fund; or\nthe payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and\nentitlements to interest earned on the money in the fund.\nThe costs of administering the fund are to be borne by the fund or the defendant, as the court directs.\nIf the court orders the constitution of a fund under subsection (1) , the order must—\nrequire notice to be given to group members in the way stated in the order; and\nstate the way in which a group member must make a claim for payment from the fund and establish the member’s entitlement to the payment; and\nstate a date, at least 6 months after the date on which the order is made, before which the group members must make a claim for payment from the fund; and\nprovide for the date before which the fund must be distributed to group members who have established an entitlement to be paid from the fund.\nThe court may, if it considers it just, allow a group member to make a claim after the date stated under subsection (3) (c) if the fund has not been fully distributed.\nOn application by the defendant after the date provided for under subsection (3) (d) , the court may make the orders it considers just for the payment from the fund to the defendant of the money remaining in the fund.\ns 103W ins 2016 No. 59 s 10\n(sec.103W-ssec.1) Without limiting section 103V (2) , in providing for the distribution of money to group members, the court may provide for— the constitution and administration of a fund consisting of the money to be distributed; and either— the payment by the defendant of a fixed sum of money into the fund; or the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and entitlements to interest earned on the money in the fund.\n(sec.103W-ssec.2) The costs of administering the fund are to be borne by the fund or the defendant, as the court directs.\n(sec.103W-ssec.3) If the court orders the constitution of a fund under subsection (1) , the order must— require notice to be given to group members in the way stated in the order; and state the way in which a group member must make a claim for payment from the fund and establish the member’s entitlement to the payment; and state a date, at least 6 months after the date on which the order is made, before which the group members must make a claim for payment from the fund; and provide for the date before which the fund must be distributed to group members who have established an entitlement to be paid from the fund.\n(sec.103W-ssec.4) The court may, if it considers it just, allow a group member to make a claim after the date stated under subsection (3) (c) if the fund has not been fully distributed.\n(sec.103W-ssec.5) On application by the defendant after the date provided for under subsection (3) (d) , the court may make the orders it considers just for the payment from the fund to the defendant of the money remaining in the fund.\n- (a) the constitution and administration of a fund consisting of the money to be distributed; and\n- (b) either— (i) the payment by the defendant of a fixed sum of money into the fund; or (ii) the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and\n- (i) the payment by the defendant of a fixed sum of money into the fund; or\n- (ii) the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and\n- (c) entitlements to interest earned on the money in the fund.\n- (i) the payment by the defendant of a fixed sum of money into the fund; or\n- (ii) the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and\n- (a) require notice to be given to group members in the way stated in the order; and\n- (b) state the way in which a group member must make a claim for payment from the fund and establish the member’s entitlement to the payment; and\n- (c) state a date, at least 6 months after the date on which the order is made, before which the group members must make a claim for payment from the fund; and\n- (d) provide for the date before which the fund must be distributed to group members who have established an entitlement to be paid from the fund.","sortOrder":166},{"sectionNumber":"sec.103X","sectionType":"section","heading":"Effect of judgment","content":"### sec.103X Effect of judgment\n\nA judgment given in a representative proceeding—\nmust describe or otherwise identify the group members affected by it; and\nbinds the group members described, other than a person who has opted out of the proceeding under section 103G .\ns 103X ins 2016 No. 59 s 10\n- (a) must describe or otherwise identify the group members affected by it; and\n- (b) binds the group members described, other than a person who has opted out of the proceeding under section 103G .","sortOrder":167},{"sectionNumber":"pt.13A-div.5","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":168},{"sectionNumber":"sec.103Y","sectionType":"section","heading":"Appeals","content":"### sec.103Y Appeals\n\nAn appeal from a judgment of the court under this part may be brought as a representative proceeding.\nThe parties to the appeal are—\nfor an appeal by a representative party in respect of the judgment to the extent it relates to issues common to the claims of the group members—the representative party, as the representative of the group members, and the defendant; or\nfor an appeal by a sub-group representative party in respect of the judgment to the extent it relates to issues common to the claims of the sub-group members—the sub-group representative party, as the representative of the sub-group members, and the defendant; or\nfor an appeal by an individual group member in respect of the judgment to the extent it relates to an issue relating only to the claim of the group member—the group member and the defendant; or\nfor an appeal by the defendant in respect of the judgment generally—the defendant and the representative party as the representative of the group members; or\nfor an appeal by the defendant in respect of the judgment to the extent it relates to issues common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members; or\nfor an appeal by the defendant in respect of the judgment to the extent it relates to an issue relating only to the claim of an individual group member—the defendant and the group member.\nIf a representative party or sub-group representative party does not start an appeal within the time for starting the appeal, another member of the group or sub-group may, within a further 21 days, start an appeal on behalf of the group members or sub-group members.\nIf an appeal from the judgment of the court in a representative proceeding is started, the Court of Appeal may direct that notice of the appeal be given to the person or persons, and in the way, the Court of Appeal considers appropriate.\nThis part, other than section 103G , applies to an appeal started under this section despite any other Act or law.\nThe notice of appeal for an appeal relating to issues that are common to the claims of group members or sub-group members must describe or otherwise identify the group members or sub-group members, but need not name or state the number of the members.\ns 103Y ins 2016 No. 59 s 10\n(sec.103Y-ssec.1) An appeal from a judgment of the court under this part may be brought as a representative proceeding.\n(sec.103Y-ssec.2) The parties to the appeal are— for an appeal by a representative party in respect of the judgment to the extent it relates to issues common to the claims of the group members—the representative party, as the representative of the group members, and the defendant; or for an appeal by a sub-group representative party in respect of the judgment to the extent it relates to issues common to the claims of the sub-group members—the sub-group representative party, as the representative of the sub-group members, and the defendant; or for an appeal by an individual group member in respect of the judgment to the extent it relates to an issue relating only to the claim of the group member—the group member and the defendant; or for an appeal by the defendant in respect of the judgment generally—the defendant and the representative party as the representative of the group members; or for an appeal by the defendant in respect of the judgment to the extent it relates to issues common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members; or for an appeal by the defendant in respect of the judgment to the extent it relates to an issue relating only to the claim of an individual group member—the defendant and the group member.\n(sec.103Y-ssec.3) If a representative party or sub-group representative party does not start an appeal within the time for starting the appeal, another member of the group or sub-group may, within a further 21 days, start an appeal on behalf of the group members or sub-group members.\n(sec.103Y-ssec.4) If an appeal from the judgment of the court in a representative proceeding is started, the Court of Appeal may direct that notice of the appeal be given to the person or persons, and in the way, the Court of Appeal considers appropriate.\n(sec.103Y-ssec.5) This part, other than section 103G , applies to an appeal started under this section despite any other Act or law.\n(sec.103Y-ssec.6) The notice of appeal for an appeal relating to issues that are common to the claims of group members or sub-group members must describe or otherwise identify the group members or sub-group members, but need not name or state the number of the members.\n- (a) for an appeal by a representative party in respect of the judgment to the extent it relates to issues common to the claims of the group members—the representative party, as the representative of the group members, and the defendant; or\n- (b) for an appeal by a sub-group representative party in respect of the judgment to the extent it relates to issues common to the claims of the sub-group members—the sub-group representative party, as the representative of the sub-group members, and the defendant; or\n- (c) for an appeal by an individual group member in respect of the judgment to the extent it relates to an issue relating only to the claim of the group member—the group member and the defendant; or\n- (d) for an appeal by the defendant in respect of the judgment generally—the defendant and the representative party as the representative of the group members; or\n- (e) for an appeal by the defendant in respect of the judgment to the extent it relates to issues common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members; or\n- (f) for an appeal by the defendant in respect of the judgment to the extent it relates to an issue relating only to the claim of an individual group member—the defendant and the group member.","sortOrder":169},{"sectionNumber":"pt.13A-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":170},{"sectionNumber":"sec.103Z","sectionType":"section","heading":"Suspension of limitation periods","content":"### sec.103Z Suspension of limitation periods\n\nOn the starting of a representative proceeding, the running of any limitation period applying to the claim of a group member to which the proceeding relates is suspended.\nThe limitation period does not start running again unless—\nthe member opts out of the representative proceeding under section 103G ; or\nthe representative proceeding, and any appeal from the proceeding, is decided without finally disposing of the member’s claim.\nThis section applies despite anything in the Limitation of Actions Act 1974 or any other law or rule of law.\ns 103Z ins 2016 No. 59 s 10\n(sec.103Z-ssec.1) On the starting of a representative proceeding, the running of any limitation period applying to the claim of a group member to which the proceeding relates is suspended.\n(sec.103Z-ssec.2) The limitation period does not start running again unless— the member opts out of the representative proceeding under section 103G ; or the representative proceeding, and any appeal from the proceeding, is decided without finally disposing of the member’s claim.\n(sec.103Z-ssec.3) This section applies despite anything in the Limitation of Actions Act 1974 or any other law or rule of law.\n- (a) the member opts out of the representative proceeding under section 103G ; or\n- (b) the representative proceeding, and any appeal from the proceeding, is decided without finally disposing of the member’s claim.","sortOrder":171},{"sectionNumber":"sec.103ZA","sectionType":"section","heading":"General power of court to make orders","content":"### sec.103ZA General power of court to make orders\n\nIn any proceeding, including an appeal, conducted under this part, the court may, on its own initiative or on application by a party or group member, make any order the court considers appropriate or necessary to ensure justice is done in the proceeding.\ns 103ZA ins 2016 No. 59 s 10","sortOrder":172},{"sectionNumber":"sec.103ZB","sectionType":"section","heading":"Costs","content":"### sec.103ZB Costs\n\nIn a representative proceeding, the court—\nmay order a party to pay costs; but\nmay not order a group member who is not a representative party to pay costs, other than under section 103M or 103N .\ns 103ZB ins 2016 No. 59 s 10\n- (a) may order a party to pay costs; but\n- (b) may not order a group member who is not a representative party to pay costs, other than under section 103M or 103N .","sortOrder":173},{"sectionNumber":"sec.103ZC","sectionType":"section","heading":"Reimbursement of representative party’s costs","content":"### sec.103ZC Reimbursement of representative party’s costs\n\nIf the court makes an award of damages in a representative proceeding, any person who is or was a representative party or a sub-group representative party in the proceeding may apply to the court for an order under this section.\nIf, on an application under this section, the court is satisfied the costs reasonably incurred in relation to the representative proceeding by the applicant are likely to exceed the costs recoverable by the applicant from the defendant, the court may order an amount equal to the whole or part of the excess be paid to the applicant out of the damages awarded.\nOn an application under this section, the court may also make any other order it considers just.\ns 103ZC ins 2016 No. 59 s 10\n(sec.103ZC-ssec.1) If the court makes an award of damages in a representative proceeding, any person who is or was a representative party or a sub-group representative party in the proceeding may apply to the court for an order under this section.\n(sec.103ZC-ssec.2) If, on an application under this section, the court is satisfied the costs reasonably incurred in relation to the representative proceeding by the applicant are likely to exceed the costs recoverable by the applicant from the defendant, the court may order an amount equal to the whole or part of the excess be paid to the applicant out of the damages awarded.\n(sec.103ZC-ssec.3) On an application under this section, the court may also make any other order it considers just.","sortOrder":174},{"sectionNumber":"pt.14","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":175},{"sectionNumber":"sec.104","sectionType":"section","heading":"Grant of representation before proceeding","content":"### sec.104 Grant of representation before proceeding\n\nThis section applies if—\nan originating process names as a defendant or respondent a person who is dead when the originating process issues; and\nthe cause of action survives the person’s death; and\na grant of representation has been made when the originating process issues.\nUnless the court orders otherwise, the proceeding is taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate.\n(sec.104-ssec.1) This section applies if— an originating process names as a defendant or respondent a person who is dead when the originating process issues; and the cause of action survives the person’s death; and a grant of representation has been made when the originating process issues.\n(sec.104-ssec.2) Unless the court orders otherwise, the proceeding is taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate.\n- (a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and\n- (b) the cause of action survives the person’s death; and\n- (c) a grant of representation has been made when the originating process issues.","sortOrder":176},{"sectionNumber":"sec.105","sectionType":"section","heading":"No grant of representation before proceeding","content":"### sec.105 No grant of representation before proceeding\n\nIf—\nan originating process names as a defendant or respondent a person who is dead when the originating process issues; and\nthe cause of action survives the person’s death; and\na grant of representation has not been made when the originating process issues;\nthe proceeding is taken to have been brought against the person’s estate.\nHowever, if a grant of representation is made after the originating process issues, then, unless the court orders otherwise, the proceeding is afterwards taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate.\nEven if a grant of representation has not been made when an order is made in the proceeding, the order binds the estate to the same extent as if a grant had been made and a personal representative of the deceased had been a party to the proceeding.\n(sec.105-ssec.1) If— an originating process names as a defendant or respondent a person who is dead when the originating process issues; and the cause of action survives the person’s death; and a grant of representation has not been made when the originating process issues; the proceeding is taken to have been brought against the person’s estate.\n(sec.105-ssec.2) However, if a grant of representation is made after the originating process issues, then, unless the court orders otherwise, the proceeding is afterwards taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate.\n(sec.105-ssec.3) Even if a grant of representation has not been made when an order is made in the proceeding, the order binds the estate to the same extent as if a grant had been made and a personal representative of the deceased had been a party to the proceeding.\n- (a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and\n- (b) the cause of action survives the person’s death; and\n- (c) a grant of representation has not been made when the originating process issues;","sortOrder":177},{"sectionNumber":"sec.106","sectionType":"section","heading":"No new trial because of ruling about duty","content":"### sec.106 No new trial because of ruling about duty\n\nA new trial must not be granted only because a court has ruled that—\na document or transaction is properly stamped or is not required to be stamped; or\nduty has been paid or is not required to be paid on a document or transaction.\n- (a) a document or transaction is properly stamped or is not required to be stamped; or\n- (b) duty has been paid or is not required to be paid on a document or transaction.","sortOrder":178},{"sectionNumber":"sec.107","sectionType":"section","heading":"Regulation-making power","content":"### sec.107 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nIn making a regulation prescribing a discount rate for section 61 , the Governor in Council may prescribe a positive, zero or negative rate.\nIn recommending the making of a regulation prescribing a discount rate for section 61 , the Minister must have regard to the following factors—\nthe prevailing rates of inflation;\nthe prevailing yields on fixed term investments;\nthe prevailing yields on investments in equities;\nthe other economic factors the Minister considers are relevant to prescribing an appropriate discount rate.\nA regulation under part 11A may make provision about money in court or securities in court, including provision about any of the following—\nthe procedure for paying money into court or depositing securities into court;\nthe affidavits or other documents that must be completed or given in relation to the payment of money into court or deposit of securities into court;\nthe keeping of records relating to money in court or securities in court;\nthe remittance of money or securities by the registrar of a court to the chief executive;\nthe investment of money in court or securities in court;\nhow the chief executive or the registrar of a court may or must deal with money in court or securities in court;\ninterest on money in court, including provision about the rate or calculation of interest and the way in which, and times at which, interest must be paid;\nthe payment or transfer of money or securities out of court.\ns 107 amd 2023 No. 23 s 41\n(sec.107-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.107-ssec.2) In making a regulation prescribing a discount rate for section 61 , the Governor in Council may prescribe a positive, zero or negative rate.\n(sec.107-ssec.3) In recommending the making of a regulation prescribing a discount rate for section 61 , the Minister must have regard to the following factors— the prevailing rates of inflation; the prevailing yields on fixed term investments; the prevailing yields on investments in equities; the other economic factors the Minister considers are relevant to prescribing an appropriate discount rate.\n(sec.107-ssec.4) A regulation under part 11A may make provision about money in court or securities in court, including provision about any of the following— the procedure for paying money into court or depositing securities into court; the affidavits or other documents that must be completed or given in relation to the payment of money into court or deposit of securities into court; the keeping of records relating to money in court or securities in court; the remittance of money or securities by the registrar of a court to the chief executive; the investment of money in court or securities in court; how the chief executive or the registrar of a court may or must deal with money in court or securities in court; interest on money in court, including provision about the rate or calculation of interest and the way in which, and times at which, interest must be paid; the payment or transfer of money or securities out of court.\n- (a) the prevailing rates of inflation;\n- (b) the prevailing yields on fixed term investments;\n- (c) the prevailing yields on investments in equities;\n- (d) the other economic factors the Minister considers are relevant to prescribing an appropriate discount rate.\n- (a) the procedure for paying money into court or depositing securities into court;\n- (b) the affidavits or other documents that must be completed or given in relation to the payment of money into court or deposit of securities into court;\n- (c) the keeping of records relating to money in court or securities in court;\n- (d) the remittance of money or securities by the registrar of a court to the chief executive;\n- (e) the investment of money in court or securities in court;\n- (f) how the chief executive or the registrar of a court may or must deal with money in court or securities in court;\n- (g) interest on money in court, including provision about the rate or calculation of interest and the way in which, and times at which, interest must be paid;\n- (h) the payment or transfer of money or securities out of court.","sortOrder":179},{"sectionNumber":"pt.15","sectionType":"part","heading":"Saving and transitional provisions for Civil Proceedings Act 2011","content":"# Saving and transitional provisions for Civil Proceedings Act 2011","sortOrder":180},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":181},{"sectionNumber":"sec.108","sectionType":"section","heading":"Reference to s 48 , Supreme Court Act 1995","content":"### sec.108 Reference to s 48 , Supreme Court Act 1995\n\nA reference in any Act or document to section 48 of the Supreme Court Act 1995 is, if the context permits, taken to be a reference to section 59 of this Act.","sortOrder":182},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 exp 1 September 2013 (see s 109(4))","sortOrder":183},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Saving provision relating to section 109","content":"## Saving provision relating to section 109","sortOrder":184},{"sectionNumber":"sec.110","sectionType":"section","heading":"Saving of operation of transitional regulation","content":"### sec.110 Saving of operation of transitional regulation\n\nA transitional regulation made under section 109 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.\nSubsection (1) applies to a transitional regulation made before or after the commencement of this section.\ns 110 prev s 110 om 1 September 2012 RA s 40\npres s 110 ins 2013 No. 25 s 28\n(sec.110-ssec.1) A transitional regulation made under section 109 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.\n(sec.110-ssec.2) Subsection (1) applies to a transitional regulation made before or after the commencement of this section.","sortOrder":185},{"sectionNumber":"pt.16","sectionType":"part","heading":"Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016","sortOrder":186},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application of pt 13A","content":"### sec.111 Application of pt 13A\n\nPart 13A applies only to a proceeding started after the commencement.\nThe proceeding may be started even if the cause of action the subject of the proceeding arose before the commencement.\ns 111 ins 2016 No. 59 s 11\n(sec.111-ssec.1) Part 13A applies only to a proceeding started after the commencement.\n(sec.111-ssec.2) The proceeding may be started even if the cause of action the subject of the proceeding arose before the commencement.","sortOrder":187},{"sectionNumber":"pt.17","sectionType":"part","heading":"Transitional provision for Civil Liability and Other Legislation Amendment Act 2019","content":"# Transitional provision for Civil Liability and Other Legislation Amendment Act 2019","sortOrder":188},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application of amended s 64","content":"### sec.112 Application of amended s 64\n\nSection 64, as amended by the 2019 amendment, applies to an award of damages in a proceeding whether the proceeding was started before or after the commencement of the 2019 amendment.\nIn this section—\n2019 amendment means the Civil Liability and Other Legislation Amendment Act 2019 , section 8 .\ns 112 ins 2019 No. 34 s 9\n(sec.112-ssec.1) Section 64, as amended by the 2019 amendment, applies to an award of damages in a proceeding whether the proceeding was started before or after the commencement of the 2019 amendment.\n(sec.112-ssec.2) In this section— 2019 amendment means the Civil Liability and Other Legislation Amendment Act 2019 , section 8 .","sortOrder":189},{"sectionNumber":"pt.18","sectionType":"part","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2023","content":"# Transitional provision for Justice and Other Legislation Amendment Act 2023","sortOrder":190},{"sectionNumber":"sec.113","sectionType":"section","heading":"Vesting of money and securities in court","content":"### sec.113 Vesting of money and securities in court\n\nThis section applies to money and securities that, immediately before the commencement, were vested in the Minister under the repealed Court Funds Act 1973 , section 8.\nOn the commencement, the money and securities vest in the chief executive under section 75D.\ns 113 ins 2023 No. 23 s 42\n(sec.113-ssec.1) This section applies to money and securities that, immediately before the commencement, were vested in the Minister under the repealed Court Funds Act 1973 , section 8.\n(sec.113-ssec.2) On the commencement, the money and securities vest in the chief executive under section 75D.","sortOrder":191},{"sectionNumber":"pt.29","sectionType":"part","heading":"Repeal of Supreme Court Act 1995","content":"# Repeal of Supreme Court Act 1995","sortOrder":192},{"sectionNumber":"sec.211","sectionType":"section","heading":"Repeal of Supreme Court Act 1995","content":"### sec.211 Repeal of Supreme Court Act 1995\n\nThe Supreme Court Act 1995 is repealed.\nThe Supreme Court Act 1995 , sections 300 and 303 are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.\n(sec.211-ssec.1) The Supreme Court Act 1995 is repealed.\n(sec.211-ssec.2) The Supreme Court Act 1995 , sections 300 and 303 are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":193}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":16,"completionTokens":4634},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown from a core civil procedure statute into a sprawling code that now encompasses class-action style representative proceedings (Part 13A, 2016), a detailed court funds management regime (Part 11A, 2023), specialised maritime liability rules (Part 11), and standalone substantive rules for wrongful death damages (Part 10), moving well beyond simple procedural mechanics."},"complexity_factors":["Legislation spans over 110 sections across 15+ Parts covering equity, ADR, enforcement, representative proceedings, ships, wrongful death, and court funds","Extensive cross-references to other Queensland and Commonwealth statutes (e.g., Supreme Court of Queensland Act 1991, Civil Liability Act 2003, Navigation Act 2012, Limitation of Actions Act 1974)","Highly conditional and nested logic in enforcement warrants (s 90), interest calculations (ss 58–59), set-off (s 20), and representative proceeding opt-outs/distribution (ss 103G, 103V–103W)","Multiple post-commencement amendments (2016, 2017, 2019, 2020, 2023) inserting entirely new regimes such as class actions (Pt 13A) and court funds (Pt 11A)","Specialised technical regimes requiring domain expertise in maritime liability (Pt 11), damages assessment (Pt 9–10), and court fund administration (Pt 11A)"],"plain_english_summary":"## What it is\n\nThe *Civil Proceedings Act 2011* is Queensland’s main rulebook for how civil court cases are run in the **Supreme Court, District Court and Magistrates Courts**. It covers the entire lifecycle of a dispute—from starting a lawsuit, through trials and settlements, to enforcing the final judgment.\n\n## Key things it does\n\n- **Merges law and equity:** Courts can resolve all parts of a dispute in one proceeding, even if some issues come from old English “common law” and others from “equity” (fairness-based rules). If the two conflict, equity prevails.\n- **Court powers:** Gives judges broad authority to make orders, award costs, grant **injunctions** (orders to stop someone doing something), issue **declaratory orders** (official rulings on legal rights), and appoint **receivers** (people who take control of property during a dispute).\n- **Transferring cases:** Lets courts move proceedings between different court levels if the case is too big or small for the current court, and allows parties to amend their claims even after time limits have expired in some cases.\n- **Settling disputes without a trial:** Establishes formal processes for **mediation** (guided negotiation) and **case appraisal** (a neutral person gives a provisional decision). What is said in these sessions is generally confidential and cannot be used later in court.\n- **Money and damages:** Sets rules for interest on judgments, requires courts to reduce future-earnings damages by estimated income tax, and uses a statutory **discount rate** to calculate lump sums for future losses. It also contains specific rules for **wrongful death** claims, including who can claim (spouses, children, parents) and what money must be ignored (insurance, superannuation, government benefits).\n- **Shipping accidents:** Contains special rules for collisions and accidents involving ships, including how fault is shared between vessels and liability limits.\n- **Enforcing judgments:** Provides powerful tools to make people obey court orders, including warrants to seize and sell property, redirect debts or wages owed to the debtor (including from banks), enter land to deliver possession, and even arrest defendants who are fleeing the state.\n- **Class actions (Representative Proceedings):** Allows **7 or more people** with similar claims against the same defendant to sue together in the Supreme Court. Group members can **opt out**, and the court supervises settlements and distribution of any money awarded.\n- **Court funds:** Regulates money and securities held by the court (the **Court Suitors Fund**), including how they are invested and paid out.\n\n## Who it affects\n\nAnyone involved in a civil dispute in Queensland’s courts—individuals, businesses, government bodies, maritime operators, and people making or defending injury, death, or property claims.\n\n## Why it matters\n\nIt aims to make justice more efficient by letting courts deal with all issues at once, encouraging early settlement through ADR, providing strong tools to enforce judgments, and giving groups of ordinary people a realistic path to take on large defendants through representative proceedings."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began as a consolidation and modernisation of Queensland civil procedure laws, but has expanded over successive amendments (2012–2023) to encompass substantive rights such as wrongful death damages assessment, de facto partner recognition, maritime liability, ADR frameworks, and representative proceedings (Part 13A). This goes well beyond pure procedural housekeeping and now covers significant areas of substantive civil liability law."},"complexity_factors":["Spans a very broad subject matter — procedural rules, substantive rights (wrongful death, damages), ADR frameworks, maritime law, contempt, and equity — in a single Act","Interacts with numerous other Queensland and Commonwealth statutes (Civil Liability Act 2003, Limitation of Actions Act 1974, Succession Act 1981, Navigation Act 2012 (Cwlth), Acts Interpretation Act 1954, District Court of Queensland Act 1967, Magistrates Courts Act 1921, etc.)","Blends procedural law with substantive law, making it harder to identify which provisions create rights versus regulate how those rights are enforced","The law/equity relationship in Part 2 requires specialist knowledge of centuries of legal history to fully understand","ADR framework involves multiple distinct processes (mediation, case appraisal) with separate rules, timelines, and confidentiality regimes","Transfer of proceedings provisions involve complex jurisdictional interactions between three court levels, with special rules for counterclaims and costs","Wrongful death provisions require nuanced assessment of family relationships, de facto partnerships, and hypothetical futures (e.g., new relationships), with specific exclusions for collateral benefits","Interest provisions involve both pre- and post-judgment calculations with different rules, carve-outs, and a reference to external practice directions for the applicable rate","Has been amended multiple times (2012, 2013, 2015, 2016, 2017, 2019, 2020, 2023), creating potential for inconsistencies and requiring careful reading of transitional provisions","Representative proceedings and class action rules cross-reference Part 13A (not included in the extract), adding hidden complexity"],"plain_english_summary":"## What is this law?\n\nThe *Civil Proceedings Act 2011* is Queensland's master rulebook for how civil court cases (disputes between people, businesses, or the government — not criminal matters) are run in the Supreme Court, District Court, and Magistrates Courts.\n\n## Who does it affect?\n\nVirtually everyone in Queensland could be affected — anyone who sues or is sued, anyone involved in a workplace injury claim, a car accident, a contract dispute, a death caused by someone's fault, or any other civil legal matter.\n\n## What does it actually do?\n\n**Court procedures and powers**\n- Sets the rules for how courts manage cases, transfer them between courts (e.g., from a lower court to a higher one if a claim grows too big), and make orders.\n- Courts must try to resolve *all* disputes in one go — to avoid people having to come back to court repeatedly.\n- Equity (the body of law focused on fairness) overrides strict common law rules where they conflict.\n\n**Alternative Dispute Resolution (ADR)**\n- Courts can — and sometimes must — send disputes to mediation (a neutral person helps parties negotiate) or case appraisal (an expert gives a provisional decision) before going to trial.\n- What's said in these sessions is confidential and generally cannot be used as evidence later.\n\n**Interest on debts and judgments**\n- If you win a money judgment, interest starts accruing from the date of the order. If you pay within 21 days, you avoid interest on damages or costs.\n- Courts can award pre-judgment interest from when the dispute arose.\n\n**Damages (compensation) rules**\n- If someone sues for lost earnings, the damages are reduced to account for income tax that would have been paid on those earnings.\n- Future losses (like ongoing medical costs) are converted to today's dollar value using a 'discount rate' set by regulation.\n\n**Wrongful death claims**\n- If someone dies because of another person's wrongful act, the deceased's family (spouse, children, parents, step-relatives, de facto partners) can sue for their financial losses.\n- Only *one* lawsuit can be brought per death.\n- Insurance payouts, superannuation death benefits, and pensions are *not* counted against the damages awarded.\n- A surviving spouse's possible future relationships are mostly ignored when calculating damages (to avoid penalising grieving families).\n\n**Ships and maritime accidents**\n- If multiple ships are at fault for injury or death, all ship owners are jointly liable — meaning you can sue any one of them for the full amount.\n\n**Subpoenas and contempt**\n- If someone ignores a court order or subpoena (a legal demand to appear or produce documents), they can be arrested and held in custody, and ordered to pay wasted costs. Ignoring a subpoena is contempt of court.\n\n**Representative and class proceedings**\n- One person can represent many people with the same legal interest in a dispute, and court orders can bind all of them — even those not formally named in the case.\n\n## Why does it matter?\n\nThis Act is the procedural backbone of Queensland civil justice. It determines your rights if you're involved in a lawsuit — how you can claim, what you can recover, whether your case can be moved to another court, and how disputes might be resolved without a full trial."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act itself adjusts the scope and application of particular regimes and replaces prior law in parts. Examples within the text: (a) Part 13A (representative proceedings) applies only to proceedings started after its commencement (sec 111); (b) section 64 as amended by later legislation applies to awards whether the proceeding started before or after that amendment (sec 112); (c) money and securities previously vested in the Minister under the repealed Court Funds Act 1973 are vested in the chief executive on commencement and under section 75D (secs 113, 75D); and (d) the Supreme Court Act 1995 is expressly repealed (sec 211). These provisions change the temporal or institutional scope of rights, duties and funds in the statute and require attention to commencement and transitional rules when applying the Act."},"complexity_factors":["Extensive cross-referencing to other Acts and rules (e.g. Supreme Court Act 1995 repeal, District Court Act, Magistrates Courts Act, Civil Liability Act, Navigation Act) requiring interpretative work (sec 211; multiple sections refer to other Acts).","Large number of discrete procedural regimes (ADR, representative proceedings, enforcement, transfers, court funds, assessors/referees) each with their own rules and filing/notice requirements (pts 4, 6, 11A, 12, 13A, 13).","High level of judicial discretion across many provisions (court may order, may make any order it considers appropriate, may impose conditions) increasing variability and case‑specific analysis (secs 13, 14, 43, 103ZA).","Detailed enforcement powers that interact with property, earnings, joint funds, partnerships, business names and State/public sector debts (secs 90–99), creating overlapping practical and legal issues.","Representative proceedings regime is procedural and substantive (thresholds, opt-outs, notice mechanics, suspension of limitation, fund constitution and distribution) and requires significant judicial management (pt 13A, secs 103B–103W).","Reliance on subordinate instruments (rules of court and regulations) for key operational details such as ADR steps, discount rate and money‑in‑court procedures (secs 39, 61, 107, 75C).","Multiple confidentiality, privilege and immunity regimes (ADR convenors, assessors, referees) with criminal/penalty consequences for breach, requiring careful compliance (secs 52, 54, 77–79A).","Transitional and savings provisions that alter the application of sections depending on timing and amendments (secs 111–113, 112), increasing reading complexity."],"plain_english_summary":"What this law does, who it affects, and how it works (plain English)\n\n- What it is and who it applies to\n  - The Civil Proceedings Act 2011 sets out rules for how civil cases are run in the Supreme Court, the District Court and Magistrates Courts (secs 3, 5). It governs court powers to make orders, transfer proceedings between courts, enforcement of judgments, alternative dispute resolution (ADR), representative (class) proceedings in the Supreme Court, assessment and confidentiality rules, and special provisions (for example, about ships and court funds).\n\n- Key mechanical changes and powers (how the law works)\n  - Court powers and procedure: Courts may make a wide range of orders on their own initiative or on application (secs 13–15). Courts can impose conditions on orders (sec 14), award costs (sec 15) and manage transfers of proceedings between courts (pts 4; secs 25–33). Courts are required to administer law and equity concurrently and give effect to equitable rules where they conflict with common law (sec 7).\n\n  - Amendments and parties: Courts may allow amendments that add new causes of action or parties even when limitation periods have ended (sec 16). If not all interested persons are before the court, the court can add persons or stay proceedings until notice is given; persons who decline to join after notice may still be bound by the outcome (sec 17). Orders made against representative parties may bind persons who have the same interest as the representative party, unless the court otherwise orders (sec 18).\n\n  - ADR (mediation and case appraisal): The Act creates a legislative framework encouraging ADR to resolve disputes quickly and confidentially (pt 6; sec 37). Courts can refer disputes to mediation or case appraisal (sec 43). If the court orders ADR, parties must attend and not impede the process (sec 44). ADR participants and convenors receive protections and immunities similar to court proceedings (sec 52); evidence from ADR is generally inadmissible at trial unless all parties agree or the evidence is a written agreement (secs 36, 53). ADR convenors must keep information confidential, with a penalty for improper disclosure (sec 54).\n\n  - Representative (class) proceedings in the Supreme Court: Part 13A sets out a full procedure for representative proceedings. A proceeding may be started where 7 or more persons have related claims raising a substantial common issue (sec 103B). Notices to group members, opt-out dates, suspension of limitation periods while the class action runs, court control over settlement approval and distribution, and costs rules are prescribed (secs 103T–103ZC). The court may order creation and administration of a fund for distributing judgment money and may direct how notices and claims are to be handled (secs 103W, 103U).\n\n  - Enforcement and remedies: The Act sets out enforcement tools: enforcement warrants authorising seizure, sale, redirection of debts and earnings, entry and delivery of land, seizure of goods and securities (sec 90). Redirection rules address joint funds, partnerships, business names and State/public sector debts (secs 94–96, 88–89, 95). An enforcement warrant lasts one year by default (sec 91). Employees have statutory protection from dismissal or prejudice when their earnings are redirected under a warrant (sec 99).\n\n  - Interest, discounting and monetary procedure: Courts may award interest up to judgment (sec 58). Money orders attract interest from the date of the order at a rate set under Supreme Court practice direction (sec 59). Lump‑sum awards for future losses must be discounted to present value using a prescribed discount rate (sec 61). The Governor in Council may make a regulation prescribing the discount rate and must consider economic factors when recommending a rate (sec 107).\n\n  - Court funds and money in court: Money and securities paid into court vest in the chief executive on behalf of the court and are to be dealt with under this Act, rules and court orders (pt 11A; secs 75A, 75B, 75C, 75D). The Court Suitors Fund continues and is administered by the chief executive (sec 75B). Regulations may set detailed procedures for investing and remitting money in court (sec 107).\n\n  - Procedural protections and sanctions: Failure to comply with subpoenas can lead to warrants for arrest, detention and costs orders (secs 55–57). The court may dismiss proceedings for want of prosecution in District and Magistrates Courts where two years pass without a step (sec 22). Costs and various safeguards for assessors, referees and ADR participants are included (pts 6, 12; secs 52, 77–79A).\n\n- Stated purpose and how the Act’s mechanics serve that purpose\n  - The Act expressly says one aim is to encourage ADR to achieve negotiated settlements, improve access to justice and reduce cost and delay while safeguarding ADR confidentiality and protections (sec 37). Mechanically, that aim is implemented by: allowing courts to refer disputes to ADR (sec 43); making attendance mandatory where ordered (sec 44); protecting ADR communications (secs 36, 53–54); and giving ADR convenors immunities equivalent to judicial functions (sec 52). The Act also provides procedural backstops (filing requirements, certificates, and court orders to give effect to ADR outcomes — secs 49–51).\n\n- Who pays, who decides, and what behaviour changes\n  - Who pays: courts may order costs generally (sec 15). ADR costs allocation is addressed — the court can make orders if a party cannot pay their share (sec 47). In representative proceedings, the court can require the defendant to pay a fixed sum into a distribution fund or instalments (sec 103W); the court may order reimbursement from an award to a representative party for costs exceeding amounts recoverable from the defendant (sec 103ZC). Enforcement costs (for seizure, redirection, etc.) are handled under enforcement provisions (secs 90–97).\n  - Who decides: the courts have broad discretion — to refer cases to ADR (sec 43), to transfer and reassign proceedings between courts (secs 25–31), to permit amendments even where limitation periods have lapsed (sec 16), and to manage representative proceedings including notices, opt-out periods, settlements and distribution of awards (pts 4, 6, 13A; see secs 13, 43, 103T–103W).\n  - Behaviour changes produced: parties face incentives to use ADR when the court calls for it and to keep ADR communications confidential (secs 43–44, 54). Defendants subject to multiple similar claims may face consolidation in representative proceedings, with suspension of limitation periods (secs 103B, 103Z). Enforcement mechanisms (seizure, redirection of funds and earnings) increase the practical reach of judgment enforcement (sec 90 et seq.).\n\n- Costs, incentives, trade-offs and implementation risks (mechanisms, not judgements)\n  - Compliance burdens and administrative work: ADR procedures require convenors and mediators to file certificates and, for case appraisal, decisions and possibly evidence (secs 45, 49). Representative proceedings create notice and distribution obligations (secs 103T–103U, 103W) that can be administratively heavy for representative parties, defendants and courts.\n  - Discretion and legal uncertainty: Many provisions give courts broad discretion (for example, to refer to ADR, to make orders about costs, to allow amendments despite limitation periods, to order distribution funds) (secs 13, 16, 37, 103W). That discretion can produce case-by-case variability in outcomes and compliance expectations.\n  - Effects on private enterprise and contract freedom: Enforcement rules can reach business property and funds, and the Act enables enforcement against partnerships and business names (secs 86–89, 90, 94–97). The representative-proceeding fund mechanism permits defendants to satisfy obligations by a single payment or instalments into a court‑administered fund (sec 103W). The Act preserves contractual rights in some contexts — for example, set-off agreements remain effective where parties have agreed debts not be set off (sec 20).\n  - Redistribution & concentration of costs: The representative-proceeding regime centralises claims (sec 103B) and requires court approval of settlements (sec 103R). The court may order that administration costs be paid from the fund or by the defendant (sec 103W(2)), shifting where the expense falls.\n  - Implementation risk: The Act relies on rules of court and regulations for details (for example, the prescribed discount rate is set by regulation; details of ADR steps may be in rules) (secs 39, 61, 107). That means practical operation depends on further subordinate instruments and court practice.\n\n- Concrete levers that change incentives\n  - Suspension of limitation periods while representative proceedings run (sec 103Z) reduces the pressure on group members to start individual actions, concentrating claims into the representative process.\n  - Power to order ADR and to sanction non-compliance (secs 43–44) steers parties toward ADR when the court decides it appropriate.\n  - Enforcement tools (seizure, redirection of debt/earnings, entry to land) give creditors stronger, varied means to satisfy money orders (sec 90 et seq.).\n\n- Sections to note for specific roles and risks\n  - ADR objects and duty to protect confidentiality (sec 37; secs 52–54).\n  - Court discretion to grant amendments beyond limitation periods (sec 16).\n  - Representative proceedings thresholds, notice, suspension of limitation, settlement approval and fund provisions (secs 103B, 103G, 103Z, 103R, 103W).\n  - Enforcement powers and redirection rules, including State debts and employee protection (secs 90, 94–97, 95, 99).\n  - Vesting and administration of money in court and the Court Suitors Fund (pt 11A; secs 75A–75D, 75B, 113).\n\nThis summary describes how the Act allocates decision‑making power to courts, creates procedural obligations for parties (and ADR convenors), and provides enforcement and collective‑action mechanisms. The Act implements the stated objectives (for example, promoting ADR; sec 37) by giving the courts both the tools to direct ADR and the protections and confidentiality that make ADR possible (secs 43, 52–54), while also creating substantive and procedural regimes (for representative proceedings, enforcement, and court funds) that affect how civil claims are litigated and resolved."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.2 Commencement","severity":"high","reasoning":"Section 2 is contained within Part 1 (Preliminary), yet it provides that Parts 1 to 31 commence on a day fixed by proclamation. This means section 2 itself — which contains the commencement mechanism — is not yet in force until proclaimed. Before proclamation, there is no operative law to authorise or give effect to the proclamation process. The Act has no self-executing mechanism to bring even its commencement provision into force.","confidence":0.82,"description":"Section 2 purports to commence parts 1 to 31 by proclamation, yet section 2 itself is within part 1. This creates a self-referential paradox: the commencement provision cannot be operative until commenced, but it requires its own commencement to take effect."},{"type":"circular_definition","section":"sec.5 Meaning of court","severity":"medium","reasoning":"Section 5 states that 'court means, if otherwise appropriate — (a) in the context of the Supreme Court — the Supreme Court'. This adds nothing definitionally. It tells the reader that when dealing with the Supreme Court, 'court' means 'the Supreme Court'. The definition neither resolves ambiguity nor constrains interpretation. A reader seeking to understand what 'court' means gains no information beyond what context already provides.","confidence":0.88,"description":"The definition of 'court' is entirely circular and tautological. It defines 'court' as each court in the context of that same court, providing zero additional meaning. It is equivalent to defining 'court' as 'court'."},{"type":"retroactive_impossibility","section":"sec.7(2)","severity":"medium","reasoning":"Courts must give 'the same effect as it did immediately before the commencement of this section' to equitable and legal rights. This requires courts to perpetually apply the exact state of judge-made law as it existed at a fixed historical moment. As case law naturally evolves, courts are technically required to ignore subsequent common law developments in equity and apply a frozen snapshot of the law. This is practically impossible to enforce consistently and creates a legal standard that becomes increasingly remote over time.","confidence":0.72,"description":"Section 7(2) requires a court to give the same effect to equitable and legal rights as it did 'immediately before the commencement of this section'. This is retroactively impossibility: a court applying this Act after commencement must ascertain and replicate a pre-commencement standard that is inherently fluid and unrecorded."},{"type":"self_contradicting","section":"sec.22","severity":"medium","reasoning":"Subsection (1) begins 'This section applies to the District Court and Magistrates Courts' — implying the Supreme Court is excluded from the statutory scheme. It then declares the Supreme Court's inherent power in the same subsection. If the Supreme Court is excluded from the section, any statement within that section about the Supreme Court is legally anomalous. The Supreme Court provision should logically appear in a separate section or be prefaced differently. As drafted, a provision purporting not to apply to the Supreme Court simultaneously makes a substantive declaration about the Supreme Court's powers.","confidence":0.78,"description":"Section 22(1) states it applies to the District Court and Magistrates Courts, but then immediately in the same subsection states that the Supreme Court has inherent power to dismiss for want of prosecution. The provision about the Supreme Court is structurally embedded in a subsection that purports to exclude the Supreme Court from the section's operation."},{"type":"self_contradicting","section":"sec.41 / sec.51","severity":"low","reasoning":"The scheme creates a 'provisional' decision with a waiting period to preserve the right to elect for trial. Yet if all parties agree under s.51(2), the provisional decision becomes immediately enforceable before the waiting period expires. If parties can instantly consent to bind themselves, the provisional/non-binding character of the appraiser's decision is illusory — it is only non-binding to the extent parties choose not to agree, which is true of any contractual arrangement.","confidence":0.65,"description":"Case appraisal produces a decision that is described as 'provisional' and 'not binding' (s.41), yet section 51 requires a court order to give it effect. However, section 51(2) allows parties to apply before the election period expires if they all agree — meaning a non-binding provisional decision can be immediately enforced by agreement, collapsing the distinction between provisional and binding entirely."},{"type":"other","section":"sec.44(2)(a)","severity":"low","reasoning":"The objects of Part 6 (s.37) include reducing cost and delay and encouraging negotiated settlement. A party ordered into ADR who then impedes the process has their litigation claim stayed. This means the sanction for undermining ADR is to channel the matter back toward litigation — the very outcome ADR was designed to avoid. The sanction structurally undermines the objects it purports to serve.","confidence":0.6,"description":"The sanction for impeding an ADR process includes staying 'any claim for relief by the defaulting party'. However, ADR is meant to be an alternative to litigation. Staying the claim for relief effectively forces a party who impedes voluntary dispute resolution back into adversarial litigation, perversely rewarding obstruction by re-opening the litigation pathway."},{"type":"self_contradicting","section":"sec.53 vs sec.49(2)(b)","severity":"medium","reasoning":"Section 53 protects the confidentiality of ADR proceedings by making anything said or done there inadmissible without universal consent. But s.49(2)(b) mandates that the case appraiser's decision — which is the substantive output of the ADR process — be filed with the court. Once filed, it becomes a court document accessible to the parties and potentially to the public. This creates a structural hole in the confidentiality regime: the most consequential output of the case appraisal process is mandatorily disclosed to the court without the consent mechanism that s.53 requires.","confidence":0.74,"description":"Section 53 provides that evidence from an ADR process is inadmissible unless all parties agree. However, section 49(2)(b) requires the case appraiser to file their decision with the court. The filed decision is a record of what happened at the ADR process, yet it enters the public court record without requiring all-party consent, potentially circumventing the confidentiality rule in s.53."},{"type":"other","section":"sec.67(2)-(4)","severity":"medium","reasoning":"The distinction between ss.67(2) and 67(4) creates a temporal anomaly. A spouse assessed before entering a new relationship receives full damages without any reduction for relationship benefits. A spouse assessed after entering a new relationship may have those benefits considered. The law thus creates a financial incentive to delay formalising new relationships until after the damages assessment, or conversely incentivises defendants to delay proceedings until the plaintiff enters a new relationship. This produces absurd outcomes depending on the timing of relationship formation relative to litigation.","confidence":0.8,"description":"Section 67 creates an internally contradictory evidentiary regime for assessing a spouse's damages. Under s.67(2), future new relationship benefits cannot be considered. Under s.67(4), if a new relationship already exists, those benefits can be considered. This means a spouse who enters a new relationship immediately before assessment is penalised relative to one who waits until after assessment, incentivising strategic timing of relationship formalisation to maximise damages."}],"contradictions":[{"severity":"medium","section_a":"sec.7(1)","section_b":"sec.7(4)","confidence":0.7,"description":"Section 7(1) requires a court to ensure 'all matters in dispute between the parties are completely and finally decided' and that 'multiplicity of legal proceedings is avoided'. Section 7(4) preserves the court's power to stay proceedings. A stay inherently prevents complete and final resolution and can lead to multiplicity of proceedings, directly contradicting the mandatory objectives in s.7(1)."},{"severity":"high","section_a":"sec.16(2)","section_b":"sec.16(3)","confidence":0.82,"description":"Section 16(2) grants the court a broad discretion to allow amendments even after limitation periods have expired. Section 16(3) provides that rules of court 'may limit the circumstances in which amendments may be made'. This creates a direct hierarchical contradiction: a court exercising the statutory discretion in s.16(2) may find that discretion curtailed by subordinate rules of court, allowing delegated legislation to effectively override the primary Act."},{"severity":"medium","section_a":"sec.17(4)","section_b":"sec.6","confidence":0.65,"description":"Section 6 declares the Act binds all persons. Section 17(4) provides that a person given notice of proceedings who does not elect to join as a party is nevertheless bound by the outcome. This binds a non-party who has exercised a choice not to participate, effectively binding persons who have made an affirmative decision not to be bound. The combination may conflict with natural justice principles the Act itself does not abrogate."},{"severity":"medium","section_a":"sec.37(d)(ii)","section_b":"sec.49(2)(b)","confidence":0.75,"description":"Section 37(d)(ii) declares that one of the objects of Part 6 is to ensure ADR processes 'remain confidential'. Section 49(2)(b) mandates that a case appraiser must file their decision with the court upon completion of the case appraisal. Mandatory filing of the substantive decision with the court directly contradicts the object of ensuring the ADR process remains confidential."},{"severity":"low","section_a":"sec.44(1)(b)","section_b":"sec.45(1)(a)","confidence":0.58,"description":"Section 44(1)(b) requires parties not to impede the ADR convenor in 'conducting and finishing the ADR process within the time allowed under the referring order'. Section 45(1)(a) provides that at a case appraisal, the case appraiser 'must decide the procedure to be used'. If the case appraiser's chosen procedure causes the process to exceed the time in the referring order, the parties face an impossible compliance situation: they cannot impede the process (s.44) but are also obligated to complete it within a timeframe the case appraiser may have rendered impossible to meet."},{"severity":"low","section_a":"sec.21(1)","section_b":"sec.21(2)","confidence":0.55,"description":"Section 21(1) states a proceeding does not abate due to death or bankruptcy unless the cause of action does not survive. Section 21(2) states that if a proceeding abates for any reason before a costs order is satisfied, the proceeding continues for enforcement of costs. The phrase 'for any reason' in s.21(2) is broader than the grounds in s.21(1), suggesting a proceeding can abate for reasons other than non-surviving causes of action (contrary to s.21(1)'s implication that those are the only grounds), creating uncertainty about what constitutes valid grounds for abatement."},{"severity":"medium","section_a":"sec.65(1)","section_b":"sec.65(4)","confidence":0.62,"description":"Section 65(1) states not more than 1 proceeding may be brought against a person in relation to a death. Section 65(4) allows a person able to bring a proceeding to apply to the Supreme Court for directions 'before starting the proceeding'. A directions application is itself a proceeding in the court. If such an application constitutes a proceeding, it may exhaust the single-proceeding limit before the substantive wrongful death claim is commenced."},{"severity":"low","section_a":"sec.58(3)","section_b":"sec.58(2)(b)","confidence":0.52,"description":"Section 58(2)(b) excludes from the section's operation any proceeding for money on which 'interest is payable as of right whether because of an agreement or otherwise'. Section 58(3) then grants the court a discretion to award interest. If interest is already payable as of right under an agreement, the section does not apply, leaving a gap: the court's discretion cannot fill a situation the section expressly excludes. There is no provision addressing the interaction between contractual interest rates and the court's rate, potentially leaving a party without any applicable interest regime if contractual interest is unenforceable for some other reason."}]}},"importantCases":[],"_links":{"self":"/api/acts/civil-proceedings-act-2011","history":"/api/acts/civil-proceedings-act-2011/history","analysis":"/api/acts/civil-proceedings-act-2011/analysis","conflicts":"/api/acts/civil-proceedings-act-2011/conflicts","importantCases":"/api/acts/civil-proceedings-act-2011/important-cases","documents":"/api/acts/civil-proceedings-act-2011/documents"}}