Part 1 - Preliminary

Question 1

S 1 Purposes (reform/mod CP; simple language; provide OP - JETC resolution of real issues in dispute; amend acts - provides OA; expands costs powers; enhances CM powers; further enhances ADR; reform SJ law; clarifying disc. sanctions; EE mgmt)

Answer 1

(1) main purpose is to (a) reform/modernise civil procedure (b) simplify the language (c) provide overarching purpose to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute; (d) amend various acts to reflect new procedures
(2) (a) provides OA to improve conduct standards in civil litigation; (b) expanding court powers on costs (c) enhancing case management powers, including on discovery; (d) further enhancement of ADR processes (e) reform summary judgment law (f) clarifying available sanctions for discovery obligations breach (g) management/control of EE in civil proceedings

Question 2

S 4 Application of Act (all CPs but not VCAT)

Answer 2

(1) Subject to this section, this Act applies to all civil proceedings.
(2) This Act does not apply to proceedings under the following Acts—quasi-crime acts
(3) doesn’t apply to VCAT, (4) or proceeding under prescribed Act.

Question 3

Section 6 - C & P

Answer 3

(a) Charter and (b) privilege (common law, statute or otherwise) not overridden