Civil Procedure and Legal Profession Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF CIVIL PROCEDURE ACT 2010 3 3 Purposes amended 3 4 Definitions 3 5 Application of this Act—statute law revision 3 6 Court's powers to further the overarching purpose 3 7 Chapter 3—Before a Civil Proceeding Commences 3 8 Pre-litigation requirements compliance certification by parties or legal practitioner 3 9 Judicial powers of case management—overarching purposes and active case management 4 10 Rules of court 4 PART 3—AMENDMENT OF LEGAL PROFESSION ACT 2004 5 11 Manner of application and fees 5 PART 4—REPEAL OF AMENDING ACT 6 12 Repeal of Amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Civil Procedure and Legal Profession Amendment Act 2011 † No. 1 of 2011 [Assented to 29 March 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Civil Procedure Act 2010 to repeal Chapter 3 and other provisions relating to pre-litigation requirements; and Victoria -- 2 of 8 -- Part 1—Preliminary Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) to amend section 2.4.9(1) of the Legal Profession Act 2004 to remove the requirement for a declaration made under that section to be a statutory declaration. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 8 -- Part 2—Amendment of Civil Procedure Act 2010 Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF CIVIL PROCEDURE ACT 2010 3 Purposes amended In section 1 of the Civil Procedure Act 2010— (a) in subsection (1)(a) omit "the resolution of civil disputes which may lead to civil proceedings and to"; (b) subsection (2)(b) is repealed. 4 Definitions (1) In section 3 of the Civil Procedure Act 2010, in the definition of appropriate dispute resolution— (a) omit "a person involved in a civil dispute or"; (b) omit "the civil dispute or". (2) In section 3 of the Civil Procedure Act 2010, the definitions of civil dispute, pre-litigation requirements and pre-litigation requirements compliance certification are repealed. 5 Application of this Act—statute law revision In section 4(1) of the Civil Procedure Act 2010 for "subsections (2) and (3)" substitute "this section". 6 Court's powers to further the overarching purpose In section 9(2)(a) of the Civil Procedure Act 2010 for "the pre-litigation requirements or any other" substitute "any". 7 Chapter 3—Before a Civil Proceeding Commences Chapter 3 of the Civil Procedure Act 2010 is repealed. 8 Pre-litigation requirements compliance certification by parties or legal practitioner Section 43 of the Civil Procedure Act 2010 is repealed. s. 3 See: Act No. 47/2010. LawToday: www. legislation. vic.gov.au -- 4 of 8 -- Part 2—Amendment of Civil Procedure Act 2010 Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 4 Authorised by the Chief Parliamentary Counsel 9 Judicial powers of case management—overarching purposes and active case management In section 47(3)(b) of the Civil Procedure Act 2010 for "the pre-litigation requirements" substitute "any mandatory or voluntary pre-litigation processes". 10 Rules of court (1) Section 70(1)(b) of the Civil Procedure Act 2010 is repealed. (2) For section 70(1)(c) of the Civil Procedure Act 2010 substitute— "(c) specific protocols for civil proceedings or classes of civil proceeding including, but not limited to, mandatory or voluntary pre-litigation processes for specified civil proceedings or specified classes of civil proceeding;". __________________ s. 9 -- 5 of 8 -- Part 3—Amendment of Legal Profession Act 2004 Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 5 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF LEGAL PROFESSION ACT 2004 11 Manner of application and fees In section 2.4.9(1)(b)(iii) of the Legal Profession Act 2004 omit "statutory". __________________ s. 11 See: Act No. 99/2004. Reprint No. 3 as at 21 May 2009 and amending Act Nos 78/2008, 68/2009, 74/2009, 13/2010 and 64/2010. LawToday: www. legislation. vic.gov.au -- 6 of 8 -- Part 4—Repeal of Amending Act Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 6 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 12 Repeal of Amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 12 -- 7 of 8 -- Civil Procedure and Legal Profession Amendment Act 2011 No. 1 of 2011 7 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 February 2011 Legislative Council: 3 March 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Civil Procedure Act 2010 to repeal the pre-litigation requirements and make related amendments, to make a minor amendment to the Legal Profession Act 2004 and for other purposes." Endnotes -- 8 of 8 --