Civil Proceedings Act 2011 (Qld)

Civil Proceedings Act 2011

An Act to provide for various matters concerning civil proceedings and proceedings in relation to contempt of court in the Supreme Court, the District Court and the Magistrates Courts

Part 1 Preliminary

1 Short title This Act may be cited as the Civil Proceedings Act 2011.

2 Commencement The following provisions commence on a day to be fixed by proclamation— • parts 1 to 31 • part 32, divisions 2, 3, 6, and 8 • section 229 • schedules 1A and 1.

3 Application Unless this Act otherwise expressly provides, this Act applies to civil proceedings and proceedings in relation to contempt of court in the following courts— • the Supreme Court • the District Court • a Magistrates Court.

4 Dictionary The dictionary in schedule 1 defines particular words used in this Act.

5 Meaning of court In this Act— court means, if otherwise appropriate— (a) in the context of the Supreme Court—the Supreme Court; or (b) in the context of the District Court—the District Court; or (c) in the context of Magistrates Courts—a Magistrates Court.

6 Act binds all persons This Act binds all persons, including the State.

Part 2 Law and equity

7 Concurrent administration of law and equity (1) A court must exercise its jurisdiction in a proceeding to ensure, as far as possible, that— (a) all matters in dispute between the parties are completely and finally decided; and (b) multiplicity of legal proceedings is avoided. (2) A court must give the same effect as it did immediately before the commencement of this section— (a) to all equitable estates, titles, rights, remedies, defences and counterclaims, and to all equitable duties and liabilities; and (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. (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. (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. (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. (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.