Chapter 2
Why a new Crown Civil Proceedings Act?

The relationship to general rules of civil procedure

2.20The special nature of the Crown requires that the Bill provides a number of special procedural rules, such as the Attorney-General being the nominal defendant, except when another statute provides otherwise, or applying the common rules of discovery to the Crown (which would not apply otherwise). While these particular provisions may require specific rules, the intention is that, on the whole, the general law of civil procedure and High Court Rules will apply to the Crown as they would to private litigants.


R1 The Crown Civil Proceedings Bill attached to this Report, which modernises the Crown Proceedings Act 1950, should be considered for enactment.