the procedure prescribed by those Rules applies despite the provisions of that Act, enactment, subordinate instrument or other instrument. S. 3(4) inserted by No. 19/1989 s. 5(j). (4) A proceeding to which the County Court Rules of Procedure in Civil Proceedings 1989 apply must, despite anything in any Act or enactment, be commenced and conducted in accordance with those Rules and not otherwise. S. 3(5) inserted by No. 19/1989 s. 5(j). (5) A judgment in any civil proceeding must be enforced in accordance with the County Court Rules of Procedure in Civil Proceedings 1989 and not otherwise. 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
S. 4(1A) inserted by No. 16/1986 s. 11(3), amended by Nos 19/1989 s. 7(c), 24/2008 s. 45(1), 34/2010 s. 29(1). (1A) The court consists of such number of judges as are from time to time appointed as provided by this Act, the associate judges of the court, the judicial registrars of the court and the registrar of the court. S. 4(1B) inserted by No. 16/1986 s. 11(3), amended by No. 24/2008 s. 45(2). (1B) The court shall be held by and before a judge or, in the case of any matter with respect to which the jurisdiction of the court has been conferred upon an associate judge or a registrar by any Act or by the Rules of Court, by and before a judge, an associate judge or a registrar. S. 4(1C) inserted by No. 16/1986 s. 11(3), repealed by No. 19/1989 s. 7(d), new s. 4(1C) inserted by No. 34/2010 s. 29(2). (1C) Without limiting subsection (1B), the court may be constituted by a judicial registrar in the case of a proceeding for which provision is made by Rules for— (a) the court to be so constituted; and (b) the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding. S. 4(2) amended by No. 7522 s. 3(1)(a), substituted by No. 19/1989 s. 7(e). (2) Subject to the Rules, the court may sit and act at any time and place. S. 4(3) inserted by No. 7522 s. 3(1)(b), repealed by No. 19/1989 s. 7(e). * * * * * S. 4A inserted by No. 51/2008 s. 6. 4A Establishment of Division (1) The court has a Koori Court Division.
S. 10(6) amended by Nos 9549 s. 2(1)(Sch. item 49), 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(6) inserted by No. 83/2008 s. 7(1). (6) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. S. 10(6A) inserted by No. 4/1987 s. 4(1)(c), repealed by No. 22/1995 s. 21(4)(a). * * * * * S. 10(6B) inserted by No. 4/1987 s. 4(1)(c), amended by No. 22/1995 s. 21(4)(b). (6B) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the Chief Judge and the other judges to be reduced. S. 10(6C) inserted by No. 83/2008 s. 7(2). (6C) An arrangement referred to in subsection (4) or (7A) does not constitute and is deemed never to have constituted a reduction in the salary of the judge of the Court who enters or entered into the arrangement. S. 10(6D) inserted by No. 63/2013 s. 68(3). (6D) A part-time service arrangement does not constitute a reduction in the salary of the judge or associate judge who enters into the arrangement.
(b) any investigation or inquiry under the Coroners Act 2008. No. 6117 s. 13. S. 13 amended by No. 43/1991 s. 41(1)(a). 13 Judges not to engage in legal practice or sit in Parliament S. 13(1) amended by No. 35/1996 s. 453(Sch. 1 item 15.2). (1) No judge under this Act shall during his continuance in such office engage in legal practice or be capable of being elected or of sitting as a member of the Legislative Council or Legislative Assembly or of the Commonwealth Parliament. S. 13(2) inserted by No. 43/1991 s. 41(1)(b), amended by No. 63/2013 s. 33. (2) This section does not apply in relation to engaging in legal practice by a reserve judge who has been given approval by the Chief Judge to engage in legal practice under section 12E. S. 13A inserted by No. 16/1986 s. 9(1), amended by Nos 4/1987 s. 4(2), 64/1990 s. 20(Sch. item 2.2), 43/1991 s. 41(2), 9/1995 s. 8(1)–(4), 22/1995 s. 22, 35/1996 s. 453(Sch. 1 items 15.3, 15.4), 1/2000 s. 4(2), repealed by No. 3/2005 s. 7, new s. 13A inserted by No. 63/2013 s. 69. 13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment (1) Without limiting section 13, a judge or an associate judge serving under a part-time service arrangement must not engage in legal practice. (2) Except with the approval of the Chief Judge, a judge or an associate judge serving under a service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind. (3) Except with the approval of the Chief Judge, a judge or an associate judge serving under a service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the judge or the associate judge receives remuneration. time time
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.
Pt 1 Div. 3A (Heading and s. 17A) inserted by No. 10117 s. 4(1). Pt 1 Div. 3A (Heading) amended by No. 24/2008 s. 52. Division 3A—Associate judges S. 17A inserted by No. 10117 s. 4(1), amended by Nos 16/1986 s. 8(c), 19/1989 s. 7(k), 64/1990 s. 5, 22/1995 s. 24, 46/1998 s. 7(Sch. 1), 31/2004 s. 11, 108/2004 s. 117(1)(Sch. 3 item 47), 16/2005 s. 7(3)(4), 18/2005 s. 18(Sch. 1 item 25.3), substituted by No. 24/2008 s. 53. 17A Associate judges (1) The Governor in Council may appoint one or more persons to be associate judges of the court. (2) An associate judge ceases to hold office only— (a) if he or she resigns by delivering to the Governor a signed letter of resignation; or (b) if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or (c) if his or her office is abolished; or (d) if he or she is not capable of continuing in office because of subsection (5). (3) A person must not be appointed as an associate judge unless the person— (a) is or has been a judge, an associate judge or a 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. 17AA(4)(d) amended by No. 24/2008 s. 55(2)(b). (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the associate judges. S. 17AA(5) inserted by No. 83/2008 s. 9(4). (5) If, before the commencement of section 9 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an arrangement under which the master agreed to receive the whole or part of his or her total amount of salary as a master as nonsalary 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. 17AA(6) inserted by No. 83/2008 s. 9(4). (6) On and after the commencement of section 9 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (2C). S. 17AA(7) inserted by No. 83/2008 s. 9(4). (7) In subsection (2A) non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. S. 17B (Heading) inserted by No. 23/2008 s. 13(1), amended by No. 24/2008 s. 56(1). S. 17B inserted by No. 64/1990 s. 6. 17B Pension entitlements of associate judges, their partners and children S. 17B(1) amended by No. 24/2008 s. 56(2)(a)(i). (1) An associate judge who— S. 17B(1)(a) substituted by No. 22/1995 s. 26(1). (a) has attained— (i) the age of 65 years; or
S. 17B(4) amended by No. 24/2008 s. 56(2)(f). (4) On the death of an associate judge, a former associate judge or a former master in respect of whom no pension is payable under subsection (2) any eligible child of the associate judge, former associate judge or former master is entitled to a pension payable fortnightly at the annual rate set out in subsection (2) divided by 4 or the number of eligible children, whichever is the greater. S. 17B(5) amended by Nos 23/2008 s. 14, 24/2008 s. 56(2)(g). (5) An eligible child of an associate judge, a former associate judge or former master is a child, adopted child or stepchild of the associate judge, former associate judge or former master or his or her partner— (a) who is under the age of 16; or (b) who is over the age of 16 but under the age of 25 and receiving full-time education at a school, college or university. (6) A pension payable under subsection (4) shall be paid to such person or persons as the directs. S. 17B(7) amended by No. 24/2008 s. 56(2)(h). (7) The right of a former master or former associate judge to a pension under this section— (a) ceases if he or she accepts appointment to a judicial office in or outside ; (b) is suspended while— (i) he or she holds an office or place of profit under the Crown in right of the Commonwealth or of a State; or S. 17B(7)(b)(ii) amended by No. 35/1996 s. 453(Sch. 1 item 15.6 (a)–(c)). (ii) he or she is engaged in legal practice in any State or Territory of the Commonwealth or is employed by a legal practitioner in connection with the practitioner's legal practice in any such State or Territory.
(4) In this section— judicial service means the sum of— (a) all part-time service performed by the associate judge calculated by reference to the proportion of full time duties specified by each part-time service arrangement; and (b) all full-time service performed by the associate judge; proportion of service means the judicial service during the relevant period divided by the relevant period. Example Associate Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Associate Judge A serves a combination of full-time and part-time service as follows— (a) first 8 years as an associate judge is part-time service at 0∙8 of full-time service; (b) next 7 years as an associate judge is full-time service. 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.
(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(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
(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 (1) The Governor in Council may appoint as many reserve associate judges as are necessary for transacting the business of the court.
(2) In any such case proof of the matters so pleaded shall be sufficient evidence in support of such plea. No. 6117 s. 30. 30 Proceedings against bailiffs etc. S. 30(1) amended by No. 19/1989 s. 7(zb). (1) In every proceeding against a bailiff or any officer servant or agent of such bailiff or against the keeper of any gaol for anything done by such bailiff or by his command or authority or by such keeper in obedience to any warrant or other process issued under this Act, it shall be sufficient justification for such bailiff officer servant or agent or for such keeper to plead that he acted under such warrant or other process alone, without alleging that the same was made and issued within the jurisdiction of the court and without alleging or setting forth the judgment or previous proceedings in the same manner as the sheriff can and may justify under any writ issued out of the Supreme Court. (2) In any such case proof of the matters so pleaded shall be sufficient evidence in support of such plea. S. 31 repealed by No. 19/1989 s. 7(zc). * * * * * No. 6117 s. 32. 32 Protection to bailiffs etc. S. 32(1) amended by No. 37/2014 s. 10(Sch. item 34.3(a)). (1) All police officers shall aid in the execution of every writ warrant or other process of execution under the provisions of this Act.
No. 6117 s. 34. 34 Power to recover excessive fees S. 34(1) amended by Nos 19/1989 s. 7(zf)(i)–(v), 35/1996 s. 453(Sch. 1 item 15.9 (a)(i)–(iv)). (1) The court may, upon the application of any person who has employed any legal practitioner in a proceeding, issue a summons requiring such practitioner to appear before the court at a time and place named in the summons, and at such time and place upon the appearance of such practitioner or upon proof of the service of such summons the court shall proceed to assess the charges and fees of such practitioner for the proceeding. S. 34(2) amended by Nos 19/1989 s. 7(zg), 35/1996 s. 453(Sch. 1 item 15.9 (b)(i)(ii)), 18/2005 s. 18(Sch. 1 item 25.5). (2) If in the opinion of the court the charges or fees of such practitioner are unreasonable, it may, unless there is an enforceable costs agreement under the Legal Profession Act 2004 to the contrary between the parties, order such practitioner to repay any part of such charges or fees. _______________ Pt 2 Div. 1 (Heading) amended by No. 7705 s. 9(j). Division 1—Sittings of the court No. 6117 s. 35. 35 Court of record S. 35(1) repealed by No. 19/1989 s. 8(a). * * * * * (2) The County Court shall be a court of record. S. 35(3)(4) repealed by No. 19/1989 s. 8(a). * * * * *
No. 6117 s. 39. S. 39 amended by No. 9957 s. 3(c), substituted by No. 16/1986 s. 11(4), amended by No. 107/1986 s. 6(1)(a). 39 Whether proceedings within jurisdictional limit S. 39(1) repealed by No. 50/2006 s. 3(4). * * * * * S. 39(2) inserted by No. 107/1986 s. 6(1)(b), substituted by No. 85/1987 s. 3(b), amended by No. 19/1989 s. 8(g)(i). (2) If a civil proceeding is wholly or partly beyond the jurisdiction of the court, the court may— S. 39(2)(a) amended by No. 19/1989 s. 8(g)(ii)(iii). (a) amend the originating process for the purpose of bringing the proceeding within jurisdiction; or S. 39(2)(b) amended by Nos 19/1989 s. 8(g)(iii), 43/1991 s. 37(a). (b) order that the proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; or S. 39(2)(c) amended by No. 19/1989 s. 8(g)(iii). (c) order that the proceeding be struck out and award costs as if the court had jurisdiction and the proceeding were dismissed. S. 39(3) inserted by No. 107/1986 s. 6(1)(b), substituted by No. 85/1987 s. 3(b). (3) If—
Note to s. 39C(5) amended by No. 24/2008 s. 90(1). Note Rule 79.06 of Chapter I of the Rules of the Supreme Court provides the Senior Master with powers with respect to loss occasioned by delay. (6) Nothing in this section affects the operation of section 39B of this Act or section 66 of the Guardianship and Administration Act 1986. Pt 2 Div. 3 (Heading and s. 39) substituted as Pt 2 Div. 3 (Heading and s. 40) by No. 16/1986 s. 11(4). Division 3—Officers of the court No. 6117 s. 40. S. 40 substituted by No. 16/1986 s. 11(4), amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(i)(i)(ii), 34/2010 s. 32. 40 Officers of the court In all civil proceedings referred to in Division 2, judicial registrars, the registrar, deputy registrars, bailiffs and other officers of the court shall in all such civil proceedings discharge any duties which an officer of the Supreme Court can discharge either under the order of that court or under the practice thereof, and all officers of the court shall in discharging such duties conform to the rules. Pt 2 Div. 4 (Heading and s. 40) repealed by No. 16/1986 s. 11(4), new Pt 2 Div. 4 (Heading and ss 41, 42) inserted by No. 50/2009 s. 9, amended by No. 34/2010 s. 34, repealed by No. 47/2010 s. 84(1). * * * * *
S. 46(3) amended by No. 19/1989 s. 8(l). (3) The court may enlarge the time for making such award, or may with the consent of both parties revoke the reference or order another reference to be made in manner aforesaid. S. 46(4) amended by No. 19/1989 s. 8(m)(i)–(iv). (4) The court may, if it thinks fit, on application to it at the first sitting held after the expiration of one week after the entry of such award, set aside any such award so given as aforesaid, or may refer such award back to the arbitrator or arbitrators or umpire. No. 6117 s. 47. S. 47 (Heading) inserted by No. 24/2008 s. 66. S. 47 amended by No. 19/1989 s. 8(n)(i)–(iv). 47 Arbitration If the plaintiff and the defendant in any civil proceeding agree in writing to refer the subject of such civil proceeding or any other matters in dispute between the parties whether such other matters are within the jurisdiction of the court or not, and notify such agreement to the court, the court may if it thinks fit act as arbitrator, and shall make an award thereon upon which it shall cause to be entered up judgment in the court, with such costs as it thinks reasonable, and such award and the judgment thereon shall not be subject to question or appeal in any court whatever. 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
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: 29.11.77 Commencement Date: 30.11.77: Government Gazette 30.11.77 p. 3646 : All of Act in operation Age of Majority Act 1977, No. 9075/1977 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97 : All of Act in operation Judges Salaries Act 1978, No. 9176/1978 Assent Date: 31.10.78 Commencement Date: 8.11.78: Government Gazette 8.11.78 p. 3496 : All of Act in operation Judges Salaries Act 1979, No. 9293/1979 Assent Date: 23.10.79 Commencement Date: 31.10.79: Government Gazette 31.10.79 p. 3461 : All of Act in operation County Court (Jurisdiction) Act 1979, No. 9308/1979 Assent Date: 11.12.79 Commencement Date: 1.11.80: Government Gazette 3.9.80 p. 3017 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Judges' Salaries and Pensions Act 1980, No. 9468/1980 Assent Date: 16.12.80 Commencement Date: 16.12.80: s. 1(2) : All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981