S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 7, amended by No. 34/2010 s. 28(2), substituted by No. 47/2010 s. 83(a). judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010; S. 3(1) def. of jurisdictional limit inserted by No. 16/1986 s. 11(2), substituted by Nos 16/1986 s. 12, 64/1990 s. 13, amended by No. 43/1991 s. 39, repealed by No. 50/2006 s. 3(1). * * * * * S. 3(1) def. of Koori Court Division inserted by No. 51/2008 s. 4. Koori Court Division means the division of the court established under section 4A; s. 3 S. 3(1) def. of officer inserted by No. 51/2008 s. 4. officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers, or performs functions, in relation to the Koori Court Division of the court; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 25.1)). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;
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. 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. 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(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 (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 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. 14(20) inserted by No. 23/2008 s. 12. (20) If the Minister charges a fee under subsection (18), the fee is payable— (a) unless paragraph (b) applies, in the case of subsection (18)(a), (18)(b), (18)(c), (18)(d) or (18)(f), by the member spouse and the non-member spouse in equal parts; (b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; (c) in the case of subsection (18)(e) or (18)(g), by the person who made the application. S. 14(21) inserted by No. 23/2008 s. 12. (21) For the purposes of this section, the Minister may, with such modifications as are necessary, adopt any specified standards made by Order in Council under section 92A of the State Superannuation Act 1988 for the purposes of Part 7A of that Act. S. 14(22) inserted by No. 40/2010 s. 108. (22) For the purposes of subsection (3), the definition of partner as substituted by section 107 of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a judge or former judge only if the death of the judge or former judge occurs on or after the commencement of the substituting section. S. 14AA inserted by No. 19/2001 s. 13. 14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge s. 14AA S. 14AA(1) amended by No. 23/2008 s. 10(3). (1) A 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
reduced to the extent determined under section 14AE in consequence of the payment of the lump sum. (3) For the purposes of section 14AE— (a) the reduction of the former judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the judge resigned or retired; and S. 14AF(3)(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 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. 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) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and S. 14AG(2)(c) amended by No. 23/2008 s. 10(3). (c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge 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. 14AH (Heading) amended by No. 23/2008 s. 10(5). S. 14AH inserted by No. 19/2001 s. 13. 14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children s. 14AH (1) If an election is made under section 14AG, the Minister must within 10 days after the day on which the Minister received the election— S. 14AH(1)(a) amended by No. 23/2008 s. 10(3). (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
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 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(1)(a)(ii) amended by No. 24/2008 s. 56(2)(a)(ii). (ii) in the case of an associate judge who was appointed as a master before the commencement of section 26 of the Judicial Remuneration Tribunal Act 1995, the age of 60 years— and has held office for at least 10 years; or
S. 17B(1)(aa) inserted by No. 22/1995 s. 26(1). (aa) has held office for at least 20 years; or (b) was appointed while under the age of 60 and has become afflicted with a permanent incapacity that disables him or her from the due execution of the office— is, on resignation or retirement, entitled to a pension payable fortnightly at the annual rate of 60% of the annual salary for the time being applicable to his or her former office. s. 17B S. 17B(1A) inserted by No. 22/1995 s. 26(2), amended by No. 24/2008 s. 56(2)(b). (1A) An associate judge who— S. 17B(1A)(a) amended by No. 24/2008 s. 56(2)(b)(ii). (a) had attained the age of 60 years when appointed as an associate judge; and (b) has attained the age of 70 years— is, on resignation or retirement, entitled to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had held office for 10 years that is equal to the proportion of 10 years during which he or she held office as an associate judge. S. 17B(1B) inserted by No. 22/1995 s. 26(2), amended by No. 24/2008 s. 56(2)(c)(i). (1B) An associate judge who— S. 17B(1B)(a) amended by No. 24/2008 s. 56(2)(c)(ii). (a) had attained the age of 60 years when appointed as an associate judge; and
S. 17B(10A) inserted by No. 23/2008 s. 15. (10A) Subsections (7) to (21) of section 14 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 14. S. 17B(11) amended by No. 19/2001 s. 14. (11) Pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is appropriated to the necessary extent. S. 17B(12) inserted by No. 24/2008 s. 56(3). (12) For the purposes of this section, service as a master before the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an associate judge. S. 17B(13) inserted by No. 24/2008 s. 56(3). (13) In this section, former master means a master who resigned, retired or died before the commencement of section 56 of the Courts Legislation Amendment (Associate Judges) Act 2008. 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. 17D(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b)(c). (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 17C within 10 days after the Minister's notification under subsection (1)(b). 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). s. 17D (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).
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
(5) In respect of every place at which the court is held under this Act and at which the fees allowed to be taken by the bailiffs appear to be more than sufficient, the Governor in Council may declare that a certain specified part only of their fees shall be paid to them respectively; and in that case and so long as such order is in force, the amount of the residue of such fees shall be accounted for paid and applied in the same manner as all other fees payable to such registrar. Division 6—Registrars, bailiffs and other officers No. 6117 s. 25. S. 25 amended by Nos 9554 s. 2(2)(Sch. 2 item 46), 19/1989 s. 7(t). 25 Penalty on officers for corrupt practices s. 25 The registrar and every deputy registrar, bailiff or other officer employed in putting this Act or any of the powers thereof in execution, who wilfully and corruptly exacts takes or accepts any fee or reward whatsoever, other than and except such fees as are appointed and allowed respectively as aforesaid for or on account of anything done or to be done by virtue of this Act, or on any account whatsoever relative to putting this Act into execution, shall on conviction thereof forfeit and pay any sum not exceeding 5 penalty units, and shall be for ever incapable of serving or being employed under this Act in any office of profit or emolument. No. 6117 s. 26. S. 26 (Heading) inserted by No. 18/2005 s. 18(Sch. 1 item 25.4). 26 Registrar and bailiff to be distinct persons and not to act as legal practitioner S. 26(1) amended by No. 19/1989 s. 7(u). (1) No registrar or deputy registrar or partner of any such registrar or deputy registrar or person in the service or employment of any such registrar or deputy registrar or of his partner shall act as bailiff and no bailiff or partner of any such bailiff or
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. s. 34 _______________ 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 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). * * * * * S. 35(5) amended by S.R. No. 371/1973 reg. 2, repealed by No. 19/1989 s. 8(a). * * * * *
No. 6117 s. 50. S. 50 amended by Nos 9019 s. 2(1)(Sch. item 31), 19/1989 s. 15(e). 50 Rules of law to apply to County Court The several rules of law enacted by Part 5 of the Supreme Court Act 1986 shall unless express provision is otherwise made be in force and receive effect in the court, so far as the matters to which rules relate are respectively cognizable by it. No. 6117 s. 51. 51 Counter-claims in County Court and transfers therefrom s. 50 S. 51(1) amended by Nos 8263 s. 3, 19/1989 s. 8(s), 35/1996 s. 453(Sch. 1 item 15.11). (1) Where in any civil proceeding before the court any defence or counter-claim of the defendant involves matter beyond the jurisdiction of the court, such defence or counter-claim shall not affect the competence or the duty of the court to dispose of the whole matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the court has jurisdiction to administer shall be given to the defendant upon any such 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 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.
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 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
Pt 7 ( Heading) amended by No. 10013 s. 4. No. 6117 s. 78. 78 Power to make rules of practice s. 78 S. 78(1) amended by Nos 16/1986 s. 9(2)(b), 9/1995 s. 8(5), 14/2006 s. 10, 24/2008 s. 71(1)(a). (1) A majority of the judges (other than judges who made an election under section 13A(1), or were appointed under section 13A(3A), before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 or associate judges) for the time being may make rules for all or any of the following purposes— S. 78(1)(aaa) inserted by No. 47/2010 s. 87(a). (aaa) furthering the overarching purpose set out in the Civil Procedure Act 2010 and the conduct of civil proceedings in accordance with the principles set out in that Act, including the overarching obligations; S. 78(1)(aab) inserted by No. 47/2010 s. 87(a). (aab) the conduct of civil proceedings and parties to civil proceedings generally, including, but not limited to, the imposition of limits, restrictions or conditions on any party in respect of any aspect of the conduct of civil proceedings; S. 78(1)(aac) inserted by No. 47/2010 s. 87(a). (aac) case management; S. 78(1)(aad) inserted by No. 47/2010 s. 87(a). (aad) any other matter or thing required or permitted by or under the Civil Procedure Act 2010 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act; (a) for regulating any matters relating to the costs of proceedings in the court, and for
S. 78(6) substituted by No. 19/1989 s. 13(b), repealed by No. 10/1999 s. 31(6), new s. 78(6) inserted by No. 51/2008 s. 8(2), amended by No. 50/2009 s. 11(b). (6) Without limiting subsection (1), a power conferred by subsection (1)(hcb), (1)(hea) or (1)(heb) to make rules may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, in respect of the cases in relation to which it is exercised— s. 78 (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. 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 See section 146 of the Supreme Court Act 1986 which deals with transitional matters relating to the . S. 79 amended by No. 6886 s. 3 (as amended by No. 6961 s. 2), repealed by No. 64/1996 s. 18. * * * * * S. 79A inserted by No. 10013 s. 6, amended by Nos 19/1989 s. 13(c), 23/2012 s. 5 (ILA s. 39B(1)). 79A Regulations (1) The Governor in Council may make regulations for or with respect to prescribing a fund for the purposes of section 21A(1)(h). S. 79A(2) inserted by No. 23/2012 s. 5. (2) The Governor in Council may make regulations for or with respect to—
(d) offend public decency or morality; or S. 80AA(e) substituted by No. 68/2009 s. 97(Sch. item 35.16), amended by No. 30/2010 s. 80(1). (e) cause undue distress or embarrassment to the complainant in a proceeding that relates, wholly or partly, to a charge for a sexual offence within the meaning of the Criminal Procedure Act 2009; or S. 80AA(f) substituted by No. 30/2010 s. 80(2). (f) cause undue distress or embarrassment to a witness under examination in a proceeding that relates, wholly or partly, to a charge for a sexual offence. S. 80A inserted by No. 9639 s. 2. 80A Publishing particulars of issued summonses an offence s. 80A Any person who, in the course of a business of publishing information with respect to debtors, publishes or causes to be published in any newspaper, gazette, journal, periodical circular, newsletter, letter, or like document information with respect to the commencement of proceedings for debts or liquidated demands so as to identify defendants thereto before judgments are entered against them for the amounts claimed or any part thereof shall be guilty of an offence. 5 penalty units. No. 6117 s. 81. S. 81 amended by Nos 7705 s. 9(s), 46/1987 s. 6, 19/1989 s. 8/1991 s. 19(2), repealed by No. 10/1999 s. 28(2) . * * * * * No. 6117 s. 82. 82 No privilege to exempt persons from provisions of Act s. 82
No privilege shall be allowed to any counsel or practitioner or other person to exempt him from the provisions of this Act. No. 6117 s. 83. 83 Certain actions in Supreme Court to be stayed S. 83(1) amended by Nos 9007 s. 2(d), 19/1989 s. 14(f)(i)–(iv). (1) If any proceeding is instituted in the Supreme Court for any debt (other than on a bill of exchange or promissory note for $100 or upwards) for which a writ might have been issued in the County Court, the Supreme Court may before an appearance is entered by the defendant, if final judgment has not been signed by the plaintiff, order that upon payment by the defendant to the plaintiff within a time to be named in such order of the debt for which such proceeding is brought without costs all further proceedings shall be stayed. S. 83(2) amended by Nos 19/1989 s. 14(g), 35/1996 s. 453(Sch. 1 item 15.13). (2) Thereupon in case default is made in payment of such debt the plaintiff may at once sign final judgment for the said debt and for the costs hereinafter mentioned as if no such order had been made; and in that case the costs of and occasioned by the said application as well as the costs of the proceeding shall be assessed in the ordinary way, and the plaintiff may upon such judgment issue execution according to the course and practice of the court. S. 84 inserted by No. 6951 s. 8, amended by No. 19/1989 s. 14(h). 84 Securities for money, marketable securities etc. seized under warrant (1) Where in pursuance of any warrant issued out of the court any cheques bills of exchange promissory notes bonds specialties or other securities for money are seized by any bailiff the bailiff shall hold the same as security for the amount directed to be levied or any part thereof and the judgment creditor shall be entitled, in the name of the judgment debtor or of any other person in whose name the judgment debtor may
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 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: 23.4.02 Commencement Date: S. 3(Sch. 1 item 12) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation (Amendment) Act 2003, No. 39/2003 Endnotes Assent Date: 11.6.03 Commencement Date: S. 4 on 1.5.03: s. 2(2) : This information relates only to the provision/s amending the County Court Act 1958 Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004 Assent Date: 18.5.04 Commencement Date: S. 13 on 19.5.04: s. 2 : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation (Funds in Court) Act 2004, No. 30/2004 Assent Date: 1.6.04 Commencement Date: Ss 5, 13 on 1.7.04: s. 2 : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004 Assent Date: 1.6.04 Commencement Date: Ss 10, 11 on 2.6.04: s. 2 : This information relates only to the provision/s amending the County Court Act 1958 Judicial Salaries Act 2004, No. 38/2004 Assent Date: 8.6.04 Commencement Date: S. 13 on 9.6.04: s. 2 : This information relates only to the provision/s amending the County Court Act 1958 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 47) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005 Assent Date: 5.4.05 Commencement Date: S. 15 on 6.4.05: s. 2(1); ss 6–9 on 1.5.05: s. 2(2) : This information relates only to the provision/s amending the County Court Act 1958 Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005