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 (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 of action amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c).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 Institute of Actuaries of Australia 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. 3AA inserted by No. 23/2008 s. 9. 3AA Definitions relating to pensions S. 3AA(1) amended by No. 63/2013 s. 66. (1) For the purposes of section 14 and section 14AAA— approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; 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 (b) an approved deposit fund; or (c) an exempt public sector superannuation scheme; or (d) an RSA;
S. 8(2) amended by No. 6429 s. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10.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). (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; (c) act as Chief Judge. S. 8(3) amended by No. 16/1986 s. 8(a). (3) No person who has attained the age of 70 years shall be appointed to be a judge under this Act.
S. 10(3) substituted by Nos 9813 s. 5, 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(c) (i)–(iv)), substituted by No. 22/1995 s. 21(3), amended by No. 4/2002 s. 12(3)(b), substituted by Nos 38/2004 s. 13(3), 29/2015 s. 80(3). (3) Each judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015. S. 10(3A) inserted by No. 3/2016 s. 27(2). (3A) Without limiting subsection (3), the Chief Judge who is a dual commission holder is taken to be entitled, in accordance with Schedule 1 to the certificate dated 19 July 2007 issued under section 15 of the Judicial Remuneration Tribunal Act 1995 (as continued in operation under section 43 of the Judicial Entitlements Act 2015), to a library allowance at the same level as that of a Supreme Court Judge specified in that Schedule whilst a dual commission holder, rather than the library allowance for other judges of the County Court. S. 10(3B) inserted by No. 3/2016 s. 27(2). (3B) Despite sections (2) and (3), the Chief Magistrate who is a dual commission holder— (a) is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate under section 10 of, and Schedule 1 to, the Magistrates' Court Act 1989; and (b) is not entitled to receive any salary, allowances or other conditions of service as a judge under this Act during the period of being a dual commission holder.
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), repealed by No. 29/2015 s. 80(4). * * * * * S. 10(4A) inserted by No. 9813 s. 5, repealed by No. 4/1987 s. 4(1)(c). * * * * * 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), repealed by No. 29/2015 s. 80(4). * * * * * S. 10(5A) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4). * * * * *
S. 12 repealed by No. 7840 s. 19(b), new s. 12 inserted by No. 5/2013 s. 25. 12 Appointment of reserve judges (1) The Governor in Council may appoint as many reserve judges of the court as are necessary for transacting the business of the court. (2) A person is not eligible for appointment as a reserve judge unless he or she— S. 12(2)(a) amended by No. 63/2013 s. 27. (a) has not attained the age of 78 years; and (b) is, or has been— (i) a judge of the court; or (ii) a judge of a District Court (however designated) of another State. (3) The instrument of appointment of a person as a reserve judge must specify the terms and conditions of appointment. (4) A reserve judge is eligible for reappointment as a reserve judge. S. 12A inserted by No. 5/2013 s. 25. 12A Cessation of office (1) A reserve judge ceases to hold office on the earlier of— (a) the end of 5 years from the date of his or her appointment as a reserve judge; or S. 12A(1)(b) amended by No. 63/2013 s. 28(1). (b) attaining the age of 78 years. S. 12A(1A) inserted by No. 63/2013 s. 28(2). (1A) A reserve judge may resign by sending his or her resignation in writing to the Governor.
No. 6117 s. 14. S. 14 (Heading) inserted by No. 23/2008 s. 10(1). 14 Provision for pensions to County Court judges and their partners S. 14(1) substituted by No. 16/1986 s. 8(b) (as amended by No. 107/1986 s. 9(a)(b)). (1) The commission of a judge ceases to be in force and the office becomes vacant— S. 14(1)(aaa) inserted by No. 16/2005 s. 7(2). (aaa) on the judge being removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or S. 14(1)(aa) inserted by No. 16/2005 s. 7(2). (aa) on the abolition of the office of the judge by or under an Act; or S. 14(1)(a) amended by No. 14/2006 s. 9(a). (a) in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who did not make an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 72 years; or S. 14(1)(b) amended by No. 14/2006 s. 9(b). (b) in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who made an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 70 years; or S. 14(1)(c) amended by No. 14/2006 s. 9(c). (c) in the case of a judge appointed on or after the commencement of section 8 of the Courts Amendment Act 1986—upon the judge attaining the age of 70 years.
S. 14(2) amended by No. 6901 s. 3, substituted by No. 7066 s. 3(a), amended by Nos 7973 s. 3(a), 8883 s. 2(a), 9468 s. 3(b). (2) Every judge who— S. 14(2)(a) substituted by No. 22/1995 s. 23(1). (a) has attained— (i) the age of 65 years; or S. 14(2)(a)(ii) amended by No. 39/2003 s. 4(1)(a). (ii) in the case of a judge appointed before the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995, the age of 60 years; or S. 14(2)(a)(iii) inserted by No. 39/2003 s. 4(1)(b), amended by No. 34/2010 s. 3. (iii) in the case of a judge to whom subsection (5)(ac) or subsection (5)(ad) applies who was appointed as a judge after the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995 but who before that commencement had service that, by force of that subsection, counts as service in the office of judge under this Act, the age of 60 years— and has served for not less than 10 years in the office of judge; or S. 14(2)(b) substituted by No. 22/1995 s. 23(1). (b) has served for not less than 20 years in the office of judge; or S. 14(2)(c) inserted by No. 22/1995 s. 23(1). (c) having been appointed before attaining the age of 60 years, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office; or
S. 14(2B) inserted by No. 22/1995 s. 23(2). (2B) A judge who— (a) had attained the age of 60 years when appointed as a judge; and (b) has become afflicted with some permanent incapacity disabling him or her from the due execution of his or her office— is entitled, upon resignation or retirement from office, to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (2A) if he or she had served until attaining the age of 70 years. S. 14(3) amended by Nos 7066 s. 3(b), 7973 s. 3(b), 8883 s. 2(b), 9468 s. 3(c), 23/2008 s. 10(2)(a)(b). (3) Upon the death— (a) of any judge under this Act or the County Court Act 1957; or (b) of any person who was formerly a judge under this Act or a judge of county courts under the County Court Act 1928— the partner of the judge shall until death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate of of the annual salary for the time being payable— (i) in the case of a chief judge or a former chief judge—of the Chief Judge; and (ii) in the case of any other judge or former judge—of a judge other than the Chief Judge. S. 14(3) (Proviso) substituted by No. 23/2008 s. 10(2)(c). Provided that no pension is payable to the partner of any former judge in any case where that partner married or became the domestic partner of the former judge after that judge's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the judge
At the time of Associate Judge A's retirement, the period that Associate Judge A served in the office of associate judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7). The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94 (i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case. The highest proportion of service is 0∙94, which is the relevant factor. Associate Judge A will therefore receive 94∙0% of a full associate judge's pension. 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(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(3) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b). (3) If an election under section 17C is in operation, the former associate judge's pension and any future entitlement of the former 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 subsection (1). (4) For the purposes of subsection (1)— S. 17D(4)(a) amended by No. 24/2008 s. 58(2)(b)(c). (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. 17D(4)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b)(c). (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, 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).
(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and S. 17F(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 59(2)(a). (c) authorise the Minister to pay the lump sum on behalf of the former associate 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 (d) be accompanied by a copy of the superannuation contributions surcharge notice. S. 17G (Heading) amended by No. 24/2008 s. 60(1). S. 17G inserted by No. 19/2001 s. 15. 17G Actuary's calculation after former associate judges' election to commute pensions (1) If an election under section 17F is in operation, the Minister must within 10 days after the day on which the Minister received the election— 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).
(7) Nothing in this section affects the operation of section 15. Pt 1 Div. 3B (Heading and ss 17L–17V) inserted by No. 34/2010 s. 33. Division 3B—Judicial registrars S. 17L inserted by No. 34/2010 s. 33. 17L Assignment of duties (1) The Chief Judge may assign duties to a judicial registrar. (2) A judicial registrar must— (a) carry out the duties that are from time to time assigned to him or her by the Chief Judge; and (b) subject to section 4(1C), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the Rules. S. 17M inserted by No. 34/2010 s. 33. 17M Guidelines relating to the appointment of judicial registrars (1) The Chief Judge, in consultation with the Attorney-General may— S. 17M(1)(a) amended by No. 62/2014 s. 85. (a) prepare guidelines relating to the appointment (including reappointment) of judicial registrars of the court; and (b) from time to time amend or revoke any guidelines prepared under paragraph (a). (2) As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the Chief Judge must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.
(4) The registrar and deputy registrars in the exercise of their powers and performance of their functions are subject to the directions of the Chief Judge. (5) A deputy registrar may, subject to this Act, the regulations and the Rules and to any directions of the registrar, exercise any of the powers or perform any of the functions of the registrar. (6) A deputy registrar while acting under an appointment under subsection (1) has the same powers and privileges and is subject to the same provisions, duties and penalties for misbehaviour as if he or she were the registrar of the court. S. 19 repealed by No. 19/1989 s. 7(m), new s. 19 inserted by No. 64/2010 s. 62. 19 Protection of registrars (1) A registrar has, in the performance of his or her duties as a registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge. (2) A deputy registrar has, in the performance of his or her duties as a deputy registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge. S. 20 amended by Nos 6951 s. 3(a)–(d), 9007 s. 2(b), repealed by No. 19/1989 s. 7(m). * * * * * No. 6117 s. 21. 21 Duties of registrar S. 21(1) amended by No. 19/1989 s. 7(n)(i). (1) The registrar or deputy registrar of the court at each place at which the court is held shall— S. 21(1)(a) amended by Nos 7651 s. 2(1)(Sch. 1 Pt 2 item 2(a)), 7705 s. 9(d)(i). (a) issue all summonses warrants and other process;
(h) On deposit in a fund prescribed by regulations made under this Act. (2) Notwithstanding anything to the contrary in any other Act or rule of law, all income derived from the investment of moneys pursuant to subsection (1) shall be paid into the Consolidated Fund. S. 6117 s. 22. 22 Power to registrar to administer oaths S. 22(1) amended by Nos 7705 s. 9(e), 19/1989 s. 7(p)(i)–(iii). (1) The registrar and every deputy registrar may take and administer affidavits depositions declarations oaths and affirmations in relation to any proceeding. S. 22(2) amended by Nos 19/1989 s. 7(q)(i)–(iv), 57/1989 s. 3(Sch. item 37.2), 24/2008 s. 65, 69/2009 s. 54(Sch. Pt 2 item 16). (2) Any affidavit to be used in the court shall and may be sworn before the registrar or a deputy registrar, or before any judge of the Supreme Court or any Associate Judge of the Supreme Court, or before any judge or associate judge of the court or before any person authorised under the Evidence (Miscellaneous Provisions) Act 1958. Pt 1 Div. 4A (Heading and s. 22A) inserted by No. 51/2008 s. 7. Division 4A—Aboriginal elders and respected persons S. 22A inserted by No. 51/2008 s. 7. 22A Appointment of Aboriginal elders or respected persons S. 22A(1) amended by No. 3/2016 s. 11(1). (1) The Chief Executive Officer, by instrument, may appoint a person who is a member of the Aboriginal community as an Aboriginal elder or respected person for the purpose of performing
S. 47A inserted by No. 64/1990 s. 9(1), amended by No. 47/2010 s. 84(2). 47A Power to refer civil proceedings to mediation or arbitration Subject to and in accordance with the rules or the Civil Procedure Act 2010, the court may, with or without the consent of the parties, refer the whole or any part of a civil proceeding to mediation or arbitration. S. 47B inserted by No. 64/1996 s. 15, amended by No. 50/2009 s. 8. 47B Mediation Where the Court refers a proceeding or any part of a proceeding to mediation, other than judicial resolution conference, unless all the parties who attend the mediation otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation. No. 6117 s. 48. 48 Power to refer matters for inquiry and report S. 48(1) amended by Nos 7705 s. 9(k), 19/1989 s. 8(o)(i)–(vi), 64/1996 s. 16. (1) Subject to the rules, the court may, in any civil proceeding refer the whole or any part of the proceeding to a special referee for inquiry and report, and may direct how such reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report the court may give such judgment or make such order in the proceeding as may be just, without prejudice to any right of appeal. (2) The powers conferred by this section shall be in addition to the powers of referring to arbitration conferred by section forty-six of this Act. S. 48A inserted by No. 19/1989 s. 15(c). 48A Assessor (1) The court may in any civil proceeding call in the assistance of one or more specially qualified assessors and hear the proceeding wholly or partially with their assistance but shall not be bound by their opinion or findings.
(2) The court may determine the remuneration of the assessors. S. 48B inserted by No. 19/1989 s. 15(c). 48B Opinion of legal practitioner S. 48B(1) amended by No. 35/1996 s. 453(Sch. 1 item 15.10(a)). (1) The court may require or receive the opinion of a legal practitioner for its assistance— (a) in the investigation of the title to any land with a view to an investment of money in the purchase or on mortgage of that land or with a view to a sale of that land; or (b) in settling the draft of an instrument; or (c) in such other cases as are directed by the Rules— but any party may object to the opinion and, if so, the question in dispute must be disposed of by the court. S. 48B(2) amended by No. 35/1996 s. 453(Sch. 1 item 15.10(b)). (2) The court may determine the fee of the legal practitioner and how it shall be borne and paid. S. 48C inserted by No. 64/1990 s. 10. 48C Protection of special referees, mediators and arbitrators S. 48C(1) amended by No. 47/2010 s. 85. (1) A special referee, mediator or arbitrator to whom a civil proceeding, part of a civil proceeding or question arising in a civil proceeding is referred under this Act and the Rules or under the Civil Procedure Act 2010 has, in the performance of his or her duties in connection with the reference, the same protection and immunity as a judge of the Court has in the performance of his or her duties as a judge.
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 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 application is made to the County Court the court shall have the same power of making orders with respect to costs and of enforcing those orders as it has in the case of appeals from convictions and orders of the Magistrates' Court. Pt 2 Div. 7B (Heading) inserted by No. 7840 s. 19(c), repealed by No. 74/2000 s. 3(Sch. 1 item 29). * * * * *
S. 53B inserted by No. 7840 s. 19(c), amended by No. 19/1989 s. 8(v), repealed by No. 92/1990 s. 128(Sch. 1 item 3). * * * * * Division 8—Contempt of court S. 54 amended by No. 7705 s. 9(l), substituted by No. 8132 s. 3, amended by No. 9554 s. 2(2)(Sch. 2 item 49), substituted by No. 16/1986 s. 13, amended by No. 19/1989 s. 8(w)(i)(ii). 54 Contempt of court The court has the same jurisdiction, and may exercise the same powers and authority, in respect of any contempt of the court as the Supreme Court has and may exercise in respect of any contempt of the Supreme Court. S. 54A inserted by No. 8132 s. 3, amended by No. 9554 s. 2(2)(Sch. 2 item 50), repealed by No. 16/1986 s. 13. * * * * * Pt 2 Div. 8A (Heading) inserted by No. 8883 s. 4(1), repealed by No. 19/1989 s. 8(x). * * * * *
Pt 5 ( Heading) amended by Nos 7705 s. 9(n), 19/1989 s. 11(a). No. 6117 s. 65. S. 65 amended by No. 19/1989 s. 11(b). 65 Trial to be by judge In all civil proceedings the judge shall alone determine all questions as well of fact as of law, and his decision shall be the judgment of the court unless jurors are summoned as hereinafter provided. No. 6117 s. 66. 66 Judge may reserve his decision S. 66(1) amended by No. 19/1989 s. 11(c). (1) In any civil proceeding the judge may if he thinks fit reserve his decision on any question of fact or of law. (2) Where any such judge has so reserved his decision he may give the same at any continuation or adjournment of the court or at any subsequent holding thereof or he may draw up such decision in writing, and having duly signed the same forward it to the registrar of the court. S. 66(3) amended by Nos 9427 s. 6(1)(Sch. 5 item 36), 19/1989 s. 11(c). (3) Upon the receipt of such decision in writing such registrar shall notify the parties or their respective counsel or practitioners of his intention to proceed at some convenient time by him specified to read the same in the court house at which the court is held or other convenient place, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if given by such judge in open court at the trial or hearing of such civil proceeding.
No. 6117 s. 69. S. 69 amended by Nos 7651 s. 2(1)(Sch. 1 Pt 2 item 2(c)), 19/1989 s. 11(i), repealed by No. 53/2000 s. 93. * * * * * No. 6117 s. 70. S. 70 substituted by Nos 7651 s. 2(1)(Sch. 1 Pt 2 item 2(d)), 19/1989 s. 11(j), amended by No. 64/1996 s. 17(1). 70 Verdict of jurors (1) Subject to Part VI, where a jury has given a verdict, judgment must be entered in accordance with the verdict. S. 70(2) inserted by No. 64/1996 s. 17(2). (2) Despite subsection (1), the judge in a proceeding before a jury may, before the jury has given a verdict, grant leave to a party to apply for judgment other than in accordance with the verdict of the jury. S. 70(3) inserted by No. 64/1996 s. 17(2). (3) If leave is granted under subsection (2), judgment may be entered other than in accordance with the verdict of the jury. 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
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;
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 (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
Assent Date: 9.5.72 Commencement Date: 9.5.72 : All of Act in operation Local Government Act 1972, No. 8291/1972 Assent Date: 13.5.72 Commencement Date: Ss 1–10, 12–28, 30–34 on 1.7.72; s. 11 on 1.10.72; s. 29 on 1.12.72: Government Gazette 31.5.72 p. 1922 : All of Act in operation Judges Salaries and Allowances Act 1973, No. 8481/1973 Assent Date: 27.11.73 Commencement Date: 27.11.73: s. 2(1) : All of Act in operation County Court (Chief Judge) Act 1974, No. 8625/1974 Assent Date: 10.12.74 Commencement Date: 18.3.75: Government Gazette 13.3.75 p. 577 : All of Act in operation Judges Salaries and Allowances Act 1975, No. 8680/1975 Assent Date: 29.4.75 Commencement Date: 29.4.75: s. 1(2) : All of Act in operation Judges Salaries Act 1976, No. 8853/1976 Assent Date: 8.6.76 Commencement Date: 8.6.76: Government Gazette 8.6.76 p. 1665 : All of Act in operation County Court (Amendment) Act 1976, No. 8883/1976 Assent Date: 19.10.76 Commencement Date: 19.10.76: s. 1(3) : All of Act in operation Employers and Employés (Repeal) Act 1976, No. 8915/1976 (as amended by No. 9059) Assent Date: 7.12.76 Commencement Date: 7.12.76: s. 1(2) : All of Act in operation County Court (Amendment) Act 1977, No. 9007/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77: s. 1(3) : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2(2) : All of Act in operation Judges Salaries Act 1977, No. 9063/1977
Assent Date: 15.12.81 Commencement Date: 15.12.81: s. 1(2) : All of Act in operation Companies (Consequential Amendment) Act 1981, No. 9699/1981 Assent Date: 5.1.82 Commencement Date: S. 23(Sch. 2) on 1.7.82: s. 2(1) : This information relates only to the provision/s amending the County Court Act 1958 Judges Salaries Act 1982, No. 9813/1982 Assent Date: 14.12.82 Commencement Date: Ss 2, 4 on 14.11.82: s. 1(2); rest of Act on 1.1.83: s. 1(2) : All of Act in operation Instruments (Bills of Exchange) Act 1983, No. 9947/1983 Assent Date: 27.9.83 Commencement Date: 27.9.83: s. 1(3) : All of Act in operation County Court (Jurisdiction) Act 1983, No. 9957/1983 Assent Date: 15.11.83 Commencement Date: 15.11.83: s. 1(3) : All of Act in operation Penalty Interest Rates Act 1983, No. 9967/1983 Assent Date: 22.11.83 Commencement Date: 1.7.83: s. 1(3) : All of Act in operation Courts (Powers of Investment) Act 1983, No. 10013/1983 Assent Date: 13.12.83 Commencement Date: 1.1.84: Government Gazette 29.12.83 p. 4150 : All of Act in operation County Court (Amendment) Act 1984, No. 10117/1984 Assent Date: 30.10.84 Commencement Date: S. 5 on 3.9.84: s. 2(2); rest of Act on 30.10.84: s. 2(1) : All of Act in operation Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the County Court Act 1958 Courts Amendment Act 1986, No. 16/1986 (as amended by No. 107/1986)
Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012 Assent Date: 20.11.12 Commencement Date: S. 8 on 21.11.12: s. 2(1) : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013 Assent Date: 26.2.13 Commencement Date: Ss 22–30 on 27.2.13: s. 2(1) : This information relates only to the provision/s amending the County Court Act 1958 Integrity Legislation Amendment Act 2013, No. 28/2013 Assent Date: 15.5.13 Commencement Date: S. 6 on 1.1.13: s. 2(2) : This information relates only to the provision/s amending the County Court Act 1958 Open Courts Act 2013, No. 58/2013 Assent Date: 22.10.13 Commencement Date: Ss 43–47 on 1.12.13: s. 2(2) : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013 Assent Date: 6.11.13 Commencement Date: Ss 26–39, 65–73 on 1.2.14: s. 2(2) : This information relates only to the provision/s amending the County Court Act 1958 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 8) on 1.7.14: s. 2(1) : This information relates only to the provision/s amending the County Court Act 1958 Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013 Assent Date: 19.11.13 Commencement Date: S. 11 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 : This information relates only to the provision/s amending the County Court Act 1958 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 10) on 9.5.12: s. 2(2)(a) : This information relates only to the provision/s amending the County Court Act 1958
Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 26) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the County Court Act 1958 Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014 Assent Date: 8.4.14 Commencement Date: S. 10 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1 : This information relates only to the provision/s amending the County Court Act 1958 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 34) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the County Court Act 1958 Vexatious Proceedings Act 2014, No. 42/2014 Assent Date: 17.6.14 Commencement Date: S. 104 on 31.10.14: s. 2(2) Current State: This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014 Assent Date: 9.9.14 Commencement Date: Ss 11, 85–89 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 Current State: This information relates only to the provision/s amending the County Court Act 1958 Judicial Entitlements Act 2015, No. 29/2015 Assent Date: 11.8.15 Commencement Date: Ss 61–67 on 12.8.15: s. 2(1); ss 80–83 on 1.1.16: s. 2(3) Current State: This information relates only to the provision/s amending the County Court Act 1958 Justice Legislation Further Amendment Act 2016, No. 3/2016 Assent Date: 16.2.16 Commencement Date: Ss 11, 12, 24–31 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the County Court Act 1958