Civil Procedure Act 2010 (Vic) Revisited and Amended

The Victorian Parliament has recently passed the Civil Procedure Amendment Act 2012, which introduces a number of changes to the Civil Procedure Act 2010 (Vic).

One of the main changes is an amendment to the requirements for filing overarching obligations certifications before civil proceedings are commenced. Previously, the named party to a proceeding had to sign and file a document at the outset of proceeding, confirming that they would comply with obligations to act fairly and reasonably in the conduct of the proceeding. However, it made little sense for the named party to make this certification where they had no meaningful control over the conduct of the litigation, such as in the case of a subrogated action brought by an insurer in the name of an insured.