S. 3(1) def. of Aborigine inserted by No. 51/2008 s. 4. Aborigine means a person who— (a) is descended from an Aborigine or Torres Strait Islander; and (b) identifies as an Aborigine or Torres Strait Islander; and s. 3 (c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or community; S. 3(1) def. of action amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c). * * * * * S. 3(1) def. of actuary inserted by No. 19/2001 s. 11. actuary means a fellow or accredited member of the of of approved by the Minister; S. 3(1) def. of appropriate dispute resolution inserted by No. 47/2010 s. 83(b). appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010; S. 3(1) def. of associate judge inserted by No. 24/2008 s. 43(a), amended by No. 63/2013 s. 26(a). associate judge means a person appointed under section 17A and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI;
S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 54(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of subordinate instrument inserted by No. 19/1989 s. 5(i). subordinate instrument has the same meaning as in section 3 of the Interpretation of Legislation Act 1984. S. 3(1) def. of contributions surcharge inserted by No. 19/2001 s. 11. superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth; S. 3(1) def. of contributions surcharge notice inserted by No. 19/2001 s. 11. superannuation contributions surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth; S. 3(1) def. of total pension entitlement inserted by No. 19/2001 s. 11. total pension entitlement means, on a particular day, the current value of all future pension payments on that day. s. 3 S. 3(2) inserted by No. 19/1989 s. 5(j). (2) In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.
S. 3AA(1) def. of domestic partner substituted by No. 23/2008 s. 23(1), amended by No. 4/2009 s. 37(Sch. 1 item 8.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); eligible rollover fund means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; eligible superannuation plan means— (a) a regulated superannuation fund; or s. 3AA (b) an approved deposit fund; or (c) an exempt public sector superannuation scheme; or (d) an RSA; exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth; flagging order means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;
specified period means the period which is specified to be the specified period in the specified standards; splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth; S. 3AA(1) def. of spouse amended by No. 38/2009 s. 20(1)(a). spouse of a person (except in sections 14(7) to 14(21)) means a person to whom the person is, or was at the time of the person's death, married; S. 3AA(1) def. of agreement amended by No. 38/2009 s. 20(1)(b). superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; s. 3AA superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest; unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth; value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Family Law
s. 4C S. 4D(1) amended by No. 68/2009 s. 97(Sch. item 35.4). (1) The Koori Court Division has jurisdiction to hear an appeal under section 254 or 257 of the Criminal Procedure Act 2009 in the circumstances set out in section 4E if the appeal is against the sentence imposed by— (a) the Division of the Magistrates' Court; or (b) the Magistrates' Court other than the Koori Court Division of that court. S. 4D(2) amended by No. 68/2009 s. 97(Sch. item 35.5). (2) An appeal to the Koori Court Division under section 254 or 257 of the Criminal Procedure Act 2009 must be conducted as a re-hearing and is limited to an appeal against the sentence imposed. S. 4D(3) amended by No. 68/2009 s. 97(Sch. item 35.6). (3) Sections 256(1) and 259(1) of the Criminal Procedure Act 2009 do not apply to an appeal to the Koori Court Division. S. 4DA inserted by No. 26/2012 s. 15. 4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court s. 4DA For the purposes of sections 4B(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence
S. 7(3) amended by Nos 7705 s. 4(b), 8625 s. 3. (3) The Chief Judge may from time to time alter the days and times for the holding of the court at any place, and when any day so appointed is altered, notice of the intended alteration and of the time when it will take effect shall be published in the Government Gazette. S. 7(4) amended by Nos 20/2004 s. 13, 24/2008 s. 46(3), 68/2009 s. 97(Sch. item 35.10). (4) If a judge or an associate judge, as the case requires does not arrive at the court house before one o'clock in the afternoon of any day upon which the holding of the court has been fixed the registrar may open the court and adjourn the same to the following day or to such other day as he is directed by a judge or an associate judge, as the case requires either by order under his hand or by telegram and extend the bail of a person attending on that day in relation to a criminal proceeding in respect of which the person has been granted bail to the day to which the court is adjourned. Division 3—Judges No. 6117 s. 8. 8 Appointment and qualification of judges s. 8 S. 8(1) amended by Nos 8625 s. 4(a)(i)–(iii), 64/1996 s. 13(1), 31/2004 s. 10(1). (1) The Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead. S. 8(1A) inserted by No. 31/2004 s. 10(2). (1A) A person is not eligible for appointment as Chief Judge or a judge unless the person— (a) is or has been a judge or magistrate of—
(i) the High Court of or of a court created by the Parliament of the Commonwealth; or (ii) a court of or of another State or of the or the ; or S. 8(1A)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 25.2). (b) is an Australian lawyer of at least 5 years' standing. S. 8(2) amended by No. 6429 s. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10. (2) When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office— (a) the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and S. 8(2)(b) substituted by No. 64/1996 s. 13(2). (b) a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has. S. 8(2A) inserted by No. 64/1996 s. 13(3). (2A) If there is a vacancy in the office of the Chief Judge, the senior of the judges willing to act as Chief Judge shall act as Chief Judge. S. 8(2B) inserted by No. 64/1996 s. 13(3). s. 8 (2B) If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn. S. 8(2C) inserted by No. 5/2013 s. 23. (2C) A reserve judge must not— (a) be appointed as Chief Judge; (b) be appointed as Acting Chief Judge;
S. 10(4) substituted by Nos 9813 s. 5, 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(d) (i)–(viii)), repealed by No. 22/1995 s. 21(4)(a), new s. 10(4) inserted by No. 83/2008 s. 7(1). (4) A judge may by notice in writing to the enter into an arrangement under which the judge agrees to receive the whole or part of his or her total amount of future salary as a judge as non-salary benefits of an equivalent value. S. 10(4A) inserted by No. 9813 s. 5, repealed by No. 4/1987 s. 4(1)(c). * * * * * s. 10 S. 10(5) substituted by No. 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(e)), repealed by No. 22/1995 s. 21(4)(a), new s. 10(5) inserted by No. 83/2008 s. 7(1). (5) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. S. 10(5A) inserted by No. 83/2008 s. 7(1). (5A) A judge may vary or revoke a notice he or she has given under subsection (4) by notice in writing to the Attorney-General.
S. 10(7) amended by Nos 64/1990 s. 20(Sch. item 2.1(f)), 22/1995 s. 21(4)(c), substituted by No. 1/2000 s. 4(1). (7) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— s. 10 S. 10(7)(a) amended by No. 83/2008 s. 7(3). (a) the salaries (including the amount of any non-salary benefits) and allowances payable under this section; and S. 10(7)(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(1)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the judges; and S. 10(7)(c) amended by No. 26/2007 s. 109. (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to the judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the judges. S. 10(7A) inserted by No. 83/2008 s. 7(4). (7A) If, before the commencement of section 7 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judge entered into an arrangement under which the judge agreed to receive the whole or part of his or her total amount of salary as a judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. S. 10(7B) inserted by No. 83/2008 s. 7(4). s. 10 (7B) On and after the commencement of section 7 of the 2008 Act, an arrangement referred to in subsection (7A) may only be varied or revoked in accordance with subsection (5A).
S. 12D inserted by No. 5/2013 s. 25. 12D Pension rights and service not affected by being a reserve judge (1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14. (2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14. S. 12E inserted by No. 5/2013 s. 25, amended by No. 63/2013 s. 30 (ILA s. 39B(1)). 12E Engaging in legal practice or other paid employment s. 12D (1) Except with the approval of the Chief Judge, a reserve judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a judge of the court under section 12B or acting under section 12H. S. 12E(2) inserted by No. 63/2013 s. 30(2). (2) Except with the approval of the Chief Judge, a reserve judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve judge receives remuneration while engaged to undertake the duties of a judge under section 12B or acting under section 12H. S. 12E(3) inserted by No. 63/2013 s. 30(2). (3) This section is in addition to the requirements of section 13. S. 12F inserted by No. 5/2013 s. 25. 12F Remuneration and entitlements of reserve judge (1) Subject to subsection (2), each reserve judge engaged to undertake the duties of a judge of the court on a full time basis under section 12B must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis.
section if that person receives a salary in relation to his or her office in that other State. (10) In subsection (6) and section 12G, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. S. 12G inserted by No. 5/2013 s. 25. 12G Appropriation of certain amounts in relation to reserve judges s. 12G The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for reserve judges; and S. 12G(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(2)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any reserve judge; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve judge; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve judge; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve judge. S. 12H inserted by No. 63/2013 s. 32. 12H Power to complete matters—judges and reserve judges (1) This section applies to— (a) a judge whose commission under section 14 ceases under section 14(1)(a), (b) or (c);
S. 14(3AA) inserted by No. 9468 s. 3(d). (3AA) Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (2) or (3) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB). S. 14(3AB) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 10(2)(a). (3AB) The pension applicable to each eligible child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater). S. 14(3AC) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 11. (3AC) Eligible child in relation to a judge means a child adopted child or stepchild of the judge or his or her partner— (a) who is under the age of 16 years; or (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and s. 14 (ii) is receiving full-time education at a school college or university. S. 14(3A) inserted by No. 7973 s. 3(c). (3A) Unless the Governor in Council by Order published in the Government Gazette otherwise determines in any particular case the right of a judge to a pension under this section— (a) shall cease upon his accepting appointment to any judicial office in or outside ; and S. 14(3A)(ab) inserted by No. 39/2003 s. 4(2), amended by No. 3/2005 s. 15(1). (ab) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of subsection (5)(ac)
S. 14(13) inserted by No. 23/2008 s. 12. (13) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Minister may determine that subsections (10) and (11) do not apply. S. 14(14) inserted by No. 23/2008 s. 12. (14) If the non-member spouse serves a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest, the Minister may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Minister to the non-member spouse in accordance with this section. S. 14(15) inserted by No. 23/2008 s. 12. s. 14 (15) Despite anything to the contrary in this Act, if under subsection (10), (11) or (14) an amount is paid by the Minister to a non-member spouse or transferred by the Minister on behalf of a spouse, the benefit of a member spouse must be reduced by the Minister in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Minister. S. 14(16) inserted by No. 23/2008 s. 12. (16) On the application of an eligible person within the meaning of section 90MZB(8) of the Family Law Act 1975 of the Commonwealth, the Minister may provide information additional to the information required to be provided under section 90MZB of that Act if the Minister considers that the additional information is necessary to understand the member spouse's benefit entitlements. S. 14(17) inserted by No. 23/2008 s. 12. (17) The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under subsection (10), (11) or (14).
S. 14AB(4)(b) amended by No. 23/2008 s. 10(3). (b) the reduction of any future entitlement of the judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the judge's partner and eligible children on the day on which the judge resigned, retired or died while in office; and (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) each reduction must be applied from the entitlement day according to paragraph (a) or (b). S. 14AC inserted by No. 19/2001 s. 13. 14AC Actuary's second calculation after election of the judges to commute pensions and payment of lump sums s. 14AC S. 14AC(1) amended by No. 23/2008 s. 10(3)(4). (1) If an election under section 14AA is in operation, a former judge or, if he or she has died, the judge's partner or eligible child must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the judge's pension or his or her partner's or eligible child's pension, lodge with the Minister— S. 14AC(1)(a) amended by No. 23/2008 s. 10(3). (a) a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former judge or his or her partner or eligible child to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and (b) a copy of the superannuation contributions surcharge notice.
(c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 14AG (Heading) amended by No. 23/2008 s. 10(5). S. 14AG inserted by No. 19/2001 s. 13. 14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge s. 14AG S. 14AG(1) amended by No. 23/2008 s. 10(3). (1) If no election made under section 14AA or 14AD is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former judge to receive a pension under this Act or the entitlement of the deceased former judge's partner or eligible child to receive a pension under this Act. (2) An election under subsection (1) must— S. 14AG(2)(a) amended by No. 23/2008 s. 10(4). (a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former judge's pension or his or her partner's or eligible child's pension; and
(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 14A inserted by No. 85/1987 s. 3(a). 14A Appointment of judicial members of Liquor Control Commission as judges s. 14A (1) This section applies to a person who immediately before the commencement of section 3(a) of the Courts (Amendment) Act 1987 was a judicial member of the Liquor Control Commission constituted under the Liquor Control Act 1968. (2) If a person to whom this section applies is appointed as a judge of the County Court, that person's service as a judicial member of the Liquor Control Commission counts, for the purposes of section 14, as service in the office of judge under this Act. No. 6117 s. 15. S. 15 (Heading) amended by No. 63/2013 s. 34(1). S. 15 amended by No. 19/1989 s. 7(j)(i)–(iii), substituted by No. 24/2008 s. 50, amended by No. 63/2013 s. 34(2) (ILA s. 39B(1)). 15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances (1) Despite anything in any Act, any power, duty or act which might have been exercised or performed by any judge or associate judge but for— (a) his or her having ceased for any reason to be a judge or associate judge; or (b) his or her absence on leave or vacation or in consequence of sickness or otherwise— shall be exercisable or performable by any other judge or associate judge (as the case requires).
Pt 1 Div. 3AA (Heading and s. 17AAA) inserted by No. 24/2007 s. 4. Division 3AA—Professional development and training S. 17AAA inserted by No. 24/2007 s. 4. 17AAA Professional development and training (1) In this section— S. 17AAA(1) def. of judicial officer amended by Nos 24/2008 s. 51, 34/2010 s. 31, 5/2013 s. 27, 63/2013 s. 35. judicial officer means— s. 17AAA (a) a judge, including a reserve judge; or (b) an associate judge including a reserve associate judge; or (c) a judicial registrar. (2) The Chief Judge is responsible for directing the professional development and continuing education and training of judicial officers. (3) In discharging his or her responsibility under subsection (2) the Chief Judge may direct— (a) all judicial officers; or (b) a specified class of judicial officer; or (c) a specified judicial officer— to participate in a specified professional development or continuing education and training activity. (4) A direction under subsection (3) may be given orally or in writing.
S. 17C (Heading) amended by No. 24/2008 s. 57(1). S. 17C inserted by No. 19/2001 s. 15. 17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge s. 17C S. 17C(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 57(2)(a). (1) An associate judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act. S. 17C(2) amended by No. 24/2008 s. 57(2)(b). (2) An associate judge may by notice in writing to the Minister revoke his or her election under subsection (1). S. 17D (Heading) amended by No. 24/2008 s. 58(1). S. 17D inserted by No. 19/2001 s. 15. 17D Actuary's first calculation after election of associate judges to commute pensions S. 17D(1) amended by No. 24/2008 s. 58(2)(a)(i). (1) If an election under section 17C is in operation, within 10 days after the day on which an associate judge resigns, retires or dies while in office, the Minister must— S. 17D(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. (a) cause an actuary to determine the extent to which the former associate judge's pension and any future entitlement of the associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable under this Act will be reduced
S. 17G(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (a) cause an actuary to determine the extent to which a former associate judge's pension and any future entitlement of the partner or eligible child of the former associate judge to a pension upon the associate judge's death otherwise payable under this Act will be reduced subject to section 17H(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and S. 17G(1)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (b) notify the former associate judge or, if he or she has died, the former associate judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 17G(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (2) A former associate judge or, if he or she has died, the former associate judge's partner or eligible child may revoke the election under section 17F within 10 days after the Minister's notification under subsection (1)(b). S. 17H (Heading) amended by No. 24/2008 s. 61(1). S. 17H inserted by No. 19/2001 s. 15. 17H Payment and commutation of pensions of former associate judges s. 17H (1) If an election under section 17F is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 17H(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2)(a). (2) The former associate judge's pension and any future entitlement of the associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 17G in consequence of the payment of the lump sum.
(3) For the purposes of section 17G— S. 17H(3)(a) amended by No. 24/2008 s. 61(2). (a) the reduction of the former associate judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the associate judge resigned or retired; and S. 17H(3)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2). (b) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the associate judge's partner and eligible children on the day on which the associate judge resigned or retired; and (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 17I (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 62(1). S. 17I inserted by No. 19/2001 s. 15, 17I Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge s. 17I S. 17I(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2). (1) If no election made under section 17C or 17F is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for
S. 17J(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2). (a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge otherwise payable under this Act will be reduced subject to section 17K(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and (b) notify the person of the actuary's determination under subsection (1)(a). S. 17J(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2). (2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may revoke his or her election under section 17I within 10 days after the Minister's notification under subsection (1)(b). S. 17K (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 64(1). S. 17K inserted by No. 19/2001 s. 15. 17K Payment and commutation of pensions of former associate judges' partners and eligible children s. 17K (1) If an election under section 17I is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 17K(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former associate judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 17J.
(3) For the purposes of section 17J— S. 17K(3)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(b). (a) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of— S. 17K(3)(a)(i) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a). (i) an amount equal to the total pension entitlement of the associate judge and his or her partner and eligible children on the day on which the associate judge resigned or retired; or S. 17K(3)(a)(ii) amended by Nos 23/2008 s. 13(4), 24/2008 s. 64(2). (ii) in the case of the associate judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the associate judge died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1). Pt 1 Div. 3AB (Heading and ss inserted by No. 63/2013 s. 37. Division 3AB—Reserve associate judges S. 17KA inserted by No. 63/2013 s. 37. 17KA Appointment of reserve associate judges s. 17KA (1) The Governor in Council may appoint as many reserve associate judges as are necessary for transacting the business of the court.
(i) whose engagement expires; and (ii) whose appointment as a reserve associate judge ceases, other than by way of resignation— but only if at the time of that cessation or expiry the associate judge or reserve associate judge had a matter— (d) that was part-heard before him or her; or (e) in respect of which his or her decision or determination is pending. s. 17KI (2) Subject to subsection (4), a former associate judge, reserve associate judge or former reserve associate judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former associate judge, reserve associate judge or former reserve associate judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or expiry of his or her engagement. (3) For the purposes of subsection (2)— (a) a reserve associate judge to whom this section applies whose engagement has expired is taken to be engaged under section 17KC; and (b) a former associate judge or former reserve associate judge to whom this section applies— (i) holds office as a reserve associate judge by virtue of this section as if he or she had been appointed under section 17KA; and (ii) is taken to be a reserve associate judge engaged under section 17KC; and
S. 21(1)(cb) inserted by No. 7705 s. 9(d)(i). (cb) enter appeals; S. 21(1)(cc) inserted by No. 7705 s. 9(d)(i). (cc) file convictions orders and other records and perform any acts necessary to give effect to the judgments or orders of the court; S. 21(1)(cd) inserted by No. 19/1989 s. 7(n)(iii). (cd) file and authenticate judgments and orders and perform any acts necessary to give effect to the judgments or orders of the court in any civil proceeding; (d) discharge all other duties and powers imposed or conferred on them under or in pursuance of this Act or according to the rules and keep an account of all proceedings of the court at that place; s. 21 (e) take charge of and keep an account of all court fees and fines payable or paid into court at that place and of all moneys paid into and out of court at that place; and (f) enter an account of all such fees fines and moneys in such manner and form and in such books or otherwise as are prescribed by the rules. S. 21(2) amended by Nos 7705 s. 9(d)(ii), 19/1989 s. 7(o)(i)(ii). (2) Such entries in the said register books and documents respectively, or a copy thereof respectively bearing the seal of the court and signed and certified as a true copy by the registrar or deputy registrar of the court at that place shall at all times be admitted in all courts and places whatsoever as evidence of such entries and of the proceedings referred to by such entry entries or documents and of the regularity of such proceedings without any further proof.
unless the parties or their respective legal practitioners have consented in writing to the court hearing and determining the counter-claim. S. 51(2) amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(s), repealed by No. 43/1991 s. 37(c). * * * * * No. 6117 s. 52. S. 52 amended by No. 19/1989 s. 8(t). 52 Facts necessary to give jurisdiction need not appear upon any civil proceeding It shall not be necessary in any case that the facts necessary to give jurisdiction should appear by recital averment or otherwise upon any civil proceeding in or issuing out of the court. No. 6117 s. 53. S. 53 amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(u)(i)(ii). 53 Mode of enforcing orders The court shall have and may exercise the same power and authority for compelling obedience to and for punishing disobedience of any judgment or order made by the court as the Supreme Court may exercise for compelling obedience to or punishing disobedience of any judgment or order. Pt 2 Div. 7A (Heading and s. 53A) inserted by No. 7705 s. 8. Division 7A—Appellate jurisdiction S. 53A inserted by No. 7705 s. 8, amended by Nos 9019 s. 2(1)(Sch. item 32), 57/1989 s. 3(Sch. item 37.5(a)–(d)), 68/2009 s. 97(Sch. item 35.13). 53A Appellate jurisdiction of County Court s. 53 Except where otherwise expressly provided the Court may try hear and determine all appeals referred to in sections 254, 257 and 260 of the Criminal Procedure Act 2009 from convictions or orders of the Magistrates' Court and any appeal to the court by or under the provisions of any other Act and where in any Act any reference or
S. 71 repealed by No. 19/1989 s. 11(k). * * * * * No. 6117 s. 72. 72 Jury may be had on re-hearing of County Court proceeding in Supreme Court S. 72(1) amended by Nos 110/1986 s. 140(2), 19/1989 s. 11(l)(i)(ii), 24/2008 s. 68. (1) When any party to any civil proceeding has appealed from any judgment or order to the Court of Appeal and a re-hearing of the proceeding has been directed before the Supreme Court constituted by a Judge of the Court, any of the parties thereto shall be entitled (if the case was in the County Court tried before a jury or if the Court of Appeal at the time of directing the so orders) if the party so desires to have such re-hearing before the Supreme Court so constituted and a jury of six persons. S. 72(2) amended by No. 110/1986 s. 140(2). (2) The plaintiff may have a jury by giving the prothonotary and the defendant a notice in writing to the effect that he requires a jury when giving notice of trial and by paying the proper jury fees. S. 72(3) amended by No. 110/1986 s. 140(2). (3) The defendant may have a jury by giving the prothonotary and the plaintiff within four days after receiving notice of trial notice in writing to the effect that he requires a jury and by paying the proper jury fees. s. 72 _______________ No. 6117 s. 73. 73 Judgments to be final s. 73 S. 73(1) amended by Nos 7705 s. 9(o), 19/1989 s. 12(a)(i)(ii). (1) Every judgment and order made in any civil proceeding by the court, except as in this Act provided, shall be final and conclusive between the parties.
S. 78(1)(d) amended by No. 19/1989 s. 13(a)(ii). (d) for regulating the sittings of the court; s. 78 S. 78(1)(da) inserted by No. 58/2013 s. 44. (da) any other matter or thing required or permitted by or under the Open Courts Act 2013 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act; S. 78(1)(db) inserted by No. 42/2014 s. 104. (db) any matter or thing required or permitted by or under the Vexatious Proceedings Act 2014 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act; S. 78(1)(e) amended by Nos 7705 s. 9(q), 19/1989 s. 13(a)(iii). (e) for prescribing in what civil proceedings trials in the court are to be with a jury and in what proceedings they are to be without a jury; S. 78(1)(ea) inserted by No. 6951 s. 7. (ea) for prescribing the defences or other matters of which notice shall be given and regulating the manner of giving such notice; (f) for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings or on any application in connexion with or at any stage of any proceedings; S. 78(1)(fa) inserted by No. 10117 s. 4(2), amended by No. 19/1989 s. 13(a)(iv), substituted by No. 24/2008 s. 71(1)(b). (fa) regulating the exercise by associate judges of the jurisdiction of the court;
(ii) the equipment, or class of equipment, used to establish the link; (iii) the layout of cameras; (iv) the standard, or speed, of transmission; (v) the quality of communication; s. 78 (vi) any other matter relating to the link; S. 78(1)(hg) inserted by No. 4/1997 s. 6, amended by No. 69/2009 s. 54(Sch. Pt 2 item 16). (hg) applications to the court under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; S. 78(1)(hh) inserted by No. 8/2008 s. 10, repealed by No. 8/2008 s. 12(3). * * * * * S. 78(1)(i) amended by No. 10117 s. 5(c)(i). (i) for regulating and prescribing the pleading, practice and procedure of the court in any case within the cognizance of the court as to which rules of the Supreme Court have been or might lawfully be made for cases within the cognizance of the Supreme Court; and S. 78(1)(j) amended by No. 10117 s. 5(c)(ii). (j) generally for regulating and prescribing the pleading, practice and procedure of the court and the forms of proceedings therein, and any matters incidental to or relating to such pleading, practice or procedure. S. 78(2) amended by Nos 16/1986 s. 9(2)(b), 9/1995 s. 8(5), 14/2006 s. 10, 24/2008 s. 71(2), 5/2013 s. 28, 63/2013 s. 38. s. 78 (2) A majority of the judges (other than reserve judges or associate judges or reserve associate judges) for the time being may frame forms of proceedings in the court and may fix scales of fees costs and expenses to be paid to counsel practitioners and witnesses.
S. 78(7) substituted by No. 19/1989 s. 13(b), repealed by No. 10/1999 s. 31(6), new s. 78(7) inserted by No. 51/2008 s. 8(2), amended by No. 50/2009 s. 11(c). (7) Without limiting subsection (1), rules made under subsection (1)(hcb), (1)(hea) or (1)(heb) may be made so as— (a) to require a matter affected by the rules to be approved by or to the satisfaction of a specified court official or a specified class of court official; and (b) to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (c) to provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. S. 78A inserted by No. 16/1986 s. 14. 78A Costs s. 78A (1) The costs of and incidental to all proceedings are in the discretion of the Court and the Court may determine by whom and to what extent the costs are to be paid. Note to s. 78A(1) inserted by No. 78/2008 s. 15(1). Note See section 17D(1)(b) to (d) of the Supreme Court Act 1986. (2) In the due exercise of the discretion conferred by subsection (1), in any proceedings before the Court, the Court may order a legal practitioner to pay the costs of the proceedings or a portion of the costs. S. 78A(3) inserted by No. 78/2008 s. 15(2). (3) The Court may order that the costs of, and incidental to, a proceeding in the Court be assessed, settled, taxed or reviewed by the . Note
Act Title of Act Extent of Repeal 5797 Judges (Powers) Act 1954 So much as is not already repealed 6117 County Court Act 1957 The whole __________________ Sch. 2 repealed by No. 11/2002 s. 3(Sch. 1 item 12). * * * * * Sch. 3 repealed by No. 8132 s. 4. * * * * * ENDNOTES Endnotes General Information The County Court Act 1958 was assented to on 30 September 1958 and came into operation 1 April 1959: Government Gazette 18 March 1959 page 892. Table of Amendments Endnotes This Version incorporates amendments made to the County Court Act 1958 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Supreme Court and County Court (Judges) Act 1958, No. 6429/1958 (as amended by No. 6489) Assent Date: 14.10.58 Commencement Date: 14.10.58 : All of Act in operation Judges Salaries Act 1958, No. 6470/1958 (as amended by No. 6489) Assent Date: 9.12.58 Commencement Date: 1.7.58: s. 1(2) : All of Act in operation Judges Salaries and Allowances Act 1960, No. 6621/1960
Assent Date: 21.11.67 Commencement Date: 1.7.67: s. 1 : All of Act in operation Juries Act 1967, No. 7651/1967 Assent Date: 19.12.67 Commencement Date: Ss 1, 2(3)–(5) on 19.12.67: s. 1(2) (as amended by No. 7725 s. 2(a)); s. 15(1)(2) on 1.12.68: Government Gazette 27.11.68 p. 3854; rest of Act on 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation Mines (Abolition of Courts) Act 1969, No. 7840/1969 Assent Date: 20.5.69 Commencement Date: 20.5.69 : All of Act in operation Judges' Salaries and Allowances Act 1970, No. 7940/1970 Assent Date: 24.3.70 Commencement Date: 1.1.70: s. 1(2) : All of Act in operation Judges Pensions Act 1970, No. 7973/1970 Assent Date: 13.4.70 Commencement Date: 5.6.70: Government Gazette 27.5.70 p. 1466 : All of Act in operation Judges' Pensions (Amendment) Act 1970, No. 7985/1970 Assent Date: 20.10.70 Commencement Date: 5.6.70: s. 1(2) : All of Act in operation County Court (Jurisdiction) Act 1971, No. 8132/1971 Assent Date: 4.5.71 Commencement Date: 4.5.71 : All of Act in operation Judges Salaries and Allowances Act 1971, No. 8183/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation County Court (Jurisdiction) Act 1972, No. 8263/1972 Assent Date: 9.5.72 Commencement Date: 9.5.72 : All of Act in operation Endnotes Local Government Act 1972, No. 8291/1972