What it does
The Court Procedures Act 2004 (ACT) (the Act) establishes a unified statutory framework for the conduct of proceedings in the ACT's courts, primarily the Supreme Court and the Magistrates Court. At its core, the Act authorises the making of court rules (see s 7) that govern every stage of litigation from commencement through to judgment and enforcement. It consolidates what were previously scattered procedural provisions across multiple statutes into a single instrument, allowing procedural matters to be dealt with by rules rather than primary legislation in most cases.
The Act is not a comprehensive code of civil or criminal procedure; instead it operates as an enabling statute. It sets out high-level principles (for example, the overriding purpose of facilitating the just, quick and cheap resolution of matters — a provision mirrored in the Court Procedures Rules 2006 made under the Act) and then delegates detailed prescription to rules. Part 2 deals with the power to make rules, practice directions and forms. Subsequent parts address specific procedural topics including service of documents, subpoenas, discovery, mediation, costs, appeals, and the enforcement of judgments.
Importantly, the Act interacts with evidentiary matters by applying the Evidence Act 2011 (ACT) but also contains standalone provisions on matters such as the giving of evidence by audiovisual link (s 80 and following). It does not create new substantive rights or causes of action; its entire focus is facilitative. The legislation applies to both civil and criminal proceedings, although criminal procedure is also heavily influenced by the Crimes (Sentencing) Act 2005 and the Criminal Code 2002.
In plain terms, the Act tells courts, litigants, lawyers and court staff “how” litigation must be conducted in the ACT. Without it, there would be no clear legal basis for many of the day-to-day practices that occur in the ACT justice system. Because the Act is framework legislation, its practical effect is felt most acutely through the Court Procedures Rules 2006 (SL 2006-29), which run to several hundred rules and are amended far more frequently than the parent Act.