Civil Procedure Act 2005 (NSW)

Civil Procedure Act 2005 No 28

An Act with respect to practice and procedure in civil proceedings.

Part 1 Preliminary

1 Name of Act This Act is the Civil Procedure Act 2005.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, subject to this section. (2) Schedule 5.3 [1], [2] and [3], 5.15 [4], 5.17 [3] and 5.30 [8] commence on the commencement of section 3, or on the commencement of Part 3.2 of the Legal Profession Act 2004, whichever is the later. (3) Schedule 5.3 [4] commences on the commencement of section 9. (4) Schedule 5.43 and 5.44 commence on the commencement of section 18. (5) Different days may be appointed for the commencement of a single provision of Schedule 4 or 5 for the purpose of commencing the repeals or amendments effected by the provision on different days.

3 Definitions (1) In this Act— civil proceedings means any proceedings other than criminal proceedings. claim for relief includes— (a) a claim for possession of land, and (b) a claim for delivery of goods, and (c) a claim for the recovery of damages or other money, and (d) a claim for a declaration of right, and (e) a claim for the determination of any question or matter that may be determined by the court, and (f) any other claim (whether legal, equitable or otherwise) that is justiciable in the court. costs, in relation to proceedings, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration. court includes tribunal. criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following— (a) committal proceedings, (b) proceedings relating to bail, (c) proceedings relating to sentence, (d) proceedings on an appeal against conviction or sentence. cross-claim means a claim by a defendant for the grant of relief under section 22. defendant means a person against whom proceedings are commenced, and includes a person against whom a cross-claim is made. exercise a function includes perform a duty. function includes power, authority and duty. hearing includes both trial and interlocutory hearing. judgment includes any order for the payment of money, including any order for the payment of costs. judgment creditor means the person to whom a judgment debt is payable. judgment debt includes— (a) any amount payable under a judgment, and (b) any interest after judgment that is payable on that amount under section 101, and (c) any other amount payable under rules of court without the need for a judgment. judgment debtor means the person by whom a judgment debt is payable. judicial officer has the same meaning as it has in the Judicial Officers Act 1986. jurisdictional limit means— (a) in relation to the District Court, the jurisdictional limit of that Court within the meaning of the District Court Act 1973, and (b) in relation to the Local Court sitting in its General Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the Local Court Act 2007, and (c) in relation to the Local Court sitting in its Small Claims Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the Local Court Act 2007. local rules means rules of court other than uniform rules. minor means a person who is under the age of 18 years. motor accident claim has the same meaning as claim has in the Motor Accident Injuries Act 2017. officer, in relation to a court, includes any registrar or other member of staff employed in the administration of the business of the court, and includes the Judicial Registrar of the District Court. ordinary basis, in relation to the assessment of legal costs that a court has ordered to be paid, means the basis of assessing costs in accordance with Division 3 of Part 7 of the Legal Profession Uniform Law Application Act 2014. originating process means the process by which proceedings are commenced, and includes the process by which a cross-claim is made. person under legal incapacity means any person who is under a legal incapacity in relation to the conduct of legal proceedings (other than an incapacity arising under section 4 of the Felons (Civil Proceedings) Act 1981) and, in particular, includes— (a) a child under the age of 18 years, and (b) an involuntary patient, a forensic patient or a correctional patient within the meaning of the Mental Health Act 2007, and (c) a person under guardianship within the meaning of the Guardianship Act 1987, and (d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009, and (e) an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs. plaintiff means a person by whom proceedings are commenced, or on whose behalf proceedings are commenced by a tutor, and includes a person by whom a cross-claim is made or on whose behalf a cross-claim is made by a tutor. possession, otherwise than of land, includes custody and power. trial means any hearing that is not an interlocutory hearing. tutor, in relation to a person under legal incapacity, means a tutor appointed to represent the person (whether by the court or otherwise) in accordance with the uniform rules. uniform rules means rules made, or taken to have been made, under section 9. Uniform Rules Committee means the Uniform Rules Committee established under section 8. workplace injury damages claim means a claim for an award of damages to which Division 3 of Part 5 of the Workers Compensation Act 1987 applies.