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Legal matters where case management is expected

Information about the kinds of matters that will be affected by the new civil procedure law.

The Civil Procedure Act 2010 applies to civil proceedings in the Magistrates', County and Supreme Courts of Victoria. This Act requires most matters to follow civil case management procedures.

These procedures apply to:

  • debt recovery
  • recovery of damages following a motor vehicle accident
  • defamation
  • appeals from Tribunal decisions
  • actions for damages for serious injury (negligence)
  • challenging a will, and
  • fencing disputes.

Matters that do not have to follow the civil case management procedures

The law does not apply to tribunal hearings or to criminal or proceedings that are like criminal proceedings (quasi criminal proceedings). The procedure does not apply to disputes under the following Acts:

  • Family Violence Protection Act 2008 (Vic)
  • Personal Safety Intervention Orders Act 2010 (Vic)
  • Confiscation Act 1997 (Vic)
  • Proceeds of Crime Act 1987 (Cth)
  • Proceeds of Crime Act 2002 (Cth)
  • Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
  • Criminal Organisations Control Act 2012 (Vic)
  • Children, Youth and Families Act 2005 (Vic)
  • Coroners Act 2008 (Vic)
  • Victims of Crime Assistance Act 1996 (Vic)
  • Sentencing Act 1991 (Vic)
  • Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic)
  • Any other prescribed Act.

See s. 4—Civil Procedure Act 2010 (Vic)(opens in a new window).

Tribunal matters are not affected by the Act

Case management procedures do not apply to tribunal matters that are heard at the Victorian Civil and Administrative Tribunal (VCAT).

See s. 4(3)—Civil Procedure Act 2010 (Vic)(opens in a new window).

More information

Legislation

Civil Proceedings Act 2010 (Vic)

  • s. 4—matters that the Act applies to
  • s. 4(3)—exempts any matter that is heard at VCAT

See Civil Procedure Act 2010 (Vic)(opens in a new window).

Updated