An Introduction to the Civil Procedure Act 2010

Adam Coote has written a new paper titled An Introduction to the Civil Procedure Act 2010

Introduction

1. The Civil Procedure Act 2010 (Vic) (“the Act”) commenced on 1 January 2011. The Act aims to substantially reform the way litigation is conducted in the State of Victoria. Insight into its philosophy can be drawn from the Second Reading Speech of Attorney-General Hulls:

The Civil Procedure Bill 2010 will reform, modernise and unify the procedure for the conduct of civil litigation. Courts play an important role in adjudicating civil disputes and procedural rights and that role should, of course, continue. But as a public resource, courts must be used responsibly. Parties should not abuse their right of access to the courts by unnecessarily tying up court resources, thereby preventing others from accessing justice. A well-resourced litigant should not be able to use their power to play tactical games and draw out litigation until the other party is forced into an unfair settlement or withdraws. This bill will curtail such behaviour and arm the courts with the power to prevent such conduct.


 

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About the Author - Adam Coote

Adam has a common law and general commercial practice, with an emphasis on trial work.

He appears in the Supreme, County and Magistrates’ Courts and VCAT. These appearances generally require involvement in the interlocutory stages as well as final hearings. He also appears in both private and compulsory mediations in his areas of practice.

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