commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order validation application determination decision direction certificate appointment commission notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act; nor shall such repeal prejudice or affect the operation or effect of subsection (3) to (6) of section two of the County Court (Amendment) Act 1952, or of subsections (2) and (4) of section four or subsection (4) of section eight of the County Court Act 1957. No. 6117 s. 3. S. 3 amended by No. 19/1989 s. 5(a)(b)(j). 3 Definitions (1) In this Act, unless the context or subject-matter otherwise requires— S. 3(1) def. of Aboriginal elder or respected person inserted by No. 51/2008 s. 4. Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 22A;
S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), repealed by No. 17/2014 s. 160(Sch. 2 item 26.1(a)). * * * * * S. 3(1) def. of Chief Judge inserted by No. 8625 s. 2(b), amended by No. 16/1986 s. 11(1)(b). Chief Judge means Chief Judge of the County Court and includes an Acting Chief Judge; S. 3(1) def. of Chairman repealed by No. 8625 s. 2(a). * * * * * S. 3(1) def. of counsel repealed by No. 35/1996 s. 453(Sch. 1 item 15.1). * * * * * court means the County Court; S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 65. excluded judicial officer means— (a) the Chief Judge; (b) the State Coroner; (c) the President of the Children's Court; S. 3(1) def. of family member inserted by No. 51/2008 s. 4. family member has the meaning given by section 3AAB;
S. 3(1) def of judge amended by Nos 8625 s. 2(c), 24/2008 s. 43(b), 5/2013 s. 22(1), 63/2013 s. 26(b). judge means a judge of the court, and includes the Chief Judge and, subject to this Act, and unless the context otherwise requires, a reserve judge engaged under section 12B to undertake the duties of a judge during any period of engagement or acting under section 12H but does not include an associate judge or a reserve associate judge; S. 3(1) def. of Judge of the Supreme Court inserted by No. 3/2016 s. 24. Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975; S. 3(1) def. of judgment repealed by No. 19/1989 s. 5(c). * * * * * S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 28(1). judicial registrar means a judicial registrar of the County Court appointed under Division 3B of Part I; 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 registrar amended by No. 19/1989 s. 5(g). registrar means the registrar or a deputy registrar of the County Court; S. 3(1) def. of reserve associate judge inserted by No. 63/2013 s. 26(c). reserve associate judge means a person appointed under section 17KA; S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 22(2). reserve judge means a person appointed under section 12; S. 3(1) def. of Rules substituted by No. 19/1989 s. 5(h). Rules means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise; 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;
relevant condition of release means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth; reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth; RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth; specified period means the period which is specified to be the specified period in the specified standards; splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth; S. 3AA(1) def. of spouse amended by No. 38/2009 s. 20(1)(a). spouse of a person (except in sections 14(7) to 14(21)) means a person to whom the person is, or was at the time of the person's death, married; S. 3AA(1) def. of agreement amended by No. 38/2009 s. 20(1)(b). superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;
Pt 1 Div. 1 (Heading) amended by No. 19/1989 s. 7(a). Division 1—Establishment of the County Court and sittings No. 6117 s. 4. 4 Establishment of the County Court S. 4(1) amended by No. 7705 s. 2, substituted by No. 16/1986 s. 11(3), amended by No. 19/1989 s. 7(b). (1) A court shall be held in and for the State of Victoria styled "The County Court" for the trial of offences and the trial and determination of all appeals, applications, claims, disputes and other proceedings both criminal and civil both at law and in equity as are by this or any other Act enacted to fall into and be within the jurisdiction of the court. 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. 4E inserted by No. 51/2008 s. 6. 4E Circumstances in which Division may deal with proceedings for certain offences or hear certain appeals For the purposes of sections 4C and 4D, the circumstances are— S. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7). (a) the accused is Aboriginal; and (b) the offence is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or S. 4E(b)(ii) substituted by No. 51/2008 s. 10(4). (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7). (c) the accused pleads guilty to the offence; and S. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7). (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.
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.
(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.
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
(i) he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or S. 14(3A)(b)(ii) amended by No. 35/1996 s. 453(Sch. 1 item 15.5(a) (b)). (ii) he is engaged in legal practice in any State or Territory of the Commonwealth or is employed by any legal practitioner in connexion with his practice in any such State or Territory: Provided that this subsection does not apply to or in relation to a judge who resigned or retired before the 15th day of February, 1970. S. 14(4) amended by Nos 19/1989 s. 7(i), 19/2001 s. 12. (4) All pensions under this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby appropriated accordingly. S. 14(5) amended by No. 63/2013 s. 70. (5) For the purposes of this section and section 14AAA— S. 14(5)(aa) inserted by No. 3/2005 s. 8, amended by Nos 24/2008 s. 49(a), 5/2013 s. 26(2). (aa) if, before the repeal of section 11 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, any judge or associate judge under this Act was immediately prior to his or her appointment— (i) an acting judge of the court; or (ii) an acting Judge of the Supreme Court— his or her service as acting judge shall count as service in the office of judge or associate judge of the court (as the case may be); (a) if any judge under this Act is or has been at any time after his appointment appointed to
former judge or his or her partner or eligible child to receive a pension under this Act. (2) An election under subsection (1) must— S. 14AD(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 is issued in respect of a 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 pensions; and S. 14AD(2)(c) amended by No. 23/2008 s. 10(3). (c) authorise the Minister to pay the lump sum on behalf of the former judge or his or her partner or eligible child to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and (d) be accompanied by a copy of the superannuation contributions surcharge notice. S. 14AE inserted by No. 19/2001 s. 13. 14AE Actuary's calculation after former judges' election to commute pensions (1) If an election under section 14AD is in operation, the Minister must within 10 days after the day on which the Minister received the election— S. 14AE(1)(a) amended by No. 23/2008 s. 10(3). (a) cause an actuary to determine the extent to which a former judge's pension and any future entitlement of the partner or eligible child of the former judge to a pension upon the judge's death otherwise payable under this Act will be reduced subject to section 14F(3) and taking into account the specified amount of the lump sum to be
(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 14A inserted by No. 85/1987 s. 3(a). 14A Appointment of judicial members of Liquor Control Commission as judges (1) This section applies to a person who immediately before the commencement of section 3(a) of the Courts (Amendment) Act 1987 was a judicial member of the Liquor Control Commission constituted under the Liquor Control Act 1968. (2) If a person to whom this section applies is appointed as a judge of the County Court, that person's service as a judicial member of the Liquor Control Commission counts, for the purposes of section 14, as service in the office of judge under this Act. No. 6117 s. 15. S. 15 (Heading) amended by No. 63/2013 s. 34(1). S. 15 amended by No. 19/1989 s. 7(j)(i)–(iii), substituted by No. 24/2008 s. 50, amended by No. 63/2013 s. 34(2) (ILA s. 39B(1)). 15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances (1) Despite anything in any Act, any power, duty or act which might have been exercised or performed by any judge or associate judge but for— (a) his or her having ceased for any reason to be a judge or associate judge; or (b) his or her absence on leave or vacation or in consequence of sickness or otherwise— shall be exercisable or performable by any other judge or associate judge (as the case requires). S. 15(2) inserted by No. 63/2013 s. 34(2). (2) For the avoidance of doubt, for the purpose of completion of any matter whether under section 12H or 17KI or otherwise, the court may be constituted or continue to be constituted by a
S. 17AA (Heading) inserted by No. 24/2008 s. 55(1), amended by No. 29/2015 s. 82(1). S. 17AA inserted by No. 22/1995 s. 25. 17AA Salaries, allowances and conditions of service of associate judges S. 17AA(1) amended by No. 4/2002 s. 12(3)(c), substituted by No. 38/2004 s. 13(4), amended by Nos 24/2008 s. 55(2)(a), 63/2013 s. 72(1), 29/2015 s. 82(2). (1) Each associate judge of the court shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015. Note to s. 17AA(1) inserted by No. 29/2015 s. 82(3). Note See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of associate judges to whom a part-time service arrangement applies. S. 17AA(1A) inserted by No. 63/2013 s. 72(2), repealed by No. 29/2015 s. 82(4). * * * * * S. 17AA(2) amended by No. 4/2002 s. 12(3)(c), substituted by No. 38/2004 s. 13(5), amended by No. 24/2008 s. 55(2)(a), substituted by No. 29/2015 s. 82(5). (2) Each associate 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. 17AA(7) inserted by No. 83/2008 s. 9(4), amended by No. 29/2015 s. 64(2). (7) In this section (2A) non-salary benefits has the same meaning as it has in clause 3(5) and (6) 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(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—
(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.
reduced subject to section 17H(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and S. 17G(1)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (b) notify the former associate judge or, if he or she has died, the former associate judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 17G(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (2) A former associate judge or, if he or she has died, the former associate judge's partner or eligible child may revoke the election under section 17F within 10 days after the Minister's notification under subsection (1)(b). S. 17H (Heading) amended by No. 24/2008 s. 61(1). S. 17H inserted by No. 19/2001 s. 15. 17H Payment and commutation of pensions of former associate judges (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
(2) An election under subsection (1) must— S. 17I(2)(a) amended by Nos 23/2008 s. 13(4), 24/2008 s. 62(2)(b). (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 associate 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. 17I(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2)(a). (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 associate 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. 17J (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 63(1). S. 17J inserted by No. 19/2001 s. 15. 17J Actuary's calculation of reduction of pensions of associate judges' partners and eligible children (1) If an election is made under section 17I, the Minister must within 10 days after the day on which the Minister received the election— S. 17J(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2). (a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge otherwise payable under this Act will be reduced subject to section 17K(3)
or her appointment or expiry of his or her engagement. (3) For the purposes of subsection (2)— (a) a reserve associate judge to whom this section applies whose engagement has expired is taken to be engaged under section 17KC; and (b) a former associate judge or former reserve associate judge to whom this section applies— (i) holds office as a reserve associate judge by virtue of this section as if he or she had been appointed under section 17KA; and (ii) is taken to be a reserve associate judge engaged under section 17KC; and (c) section 17KG does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and (d) the person may continue to serve as a reserve associate judge for the purposes of subsection (2) despite having attained the age of 78 years. (4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of— (a) the completion of the matters referred to in subsection (2); or (b) 6 months from the date of that appointment or engagement; or
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 functions in relation to the Koori Court Division as set out in this Act. S. 22A(2) amended by No. 3/2016 s. 11(1). (2) An Aboriginal elder or respected person holds office for the period, and on the terms and conditions, determined by the Chief Executive Officer and specified in the instrument of appointment.
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), 17/2014 s. 160(Sch. 2 item 26.3). (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 Uniform Law (Victoria) 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). * * * * *
S. 54B inserted by No. 8883 s. 4(1), repealed by No. 58/1986 s. 66(11). * * * * * Division 9—Costs where no jurisdiction No. 6117 s. 55. S. 55 amended by No. 24/2008 s. 67. 55 Court may award costs where action or matter is struck out for want of jurisdiction Whenever an action or matter is commenced over which the court has no jurisdiction, the judge or associate judge, as the case requires, shall, unless the parties consent to the court having jurisdiction, order it to be struck out, and shall have power to award costs in the same manner, to the same extent, and recoverable in the same manner as if the court had jurisdiction there and the plaintiff had not appeared or had appeared and failed to prove his demand or complaint. Pt 3 (Heading and s. 56) amended by Nos 6951 s. 5, 7705 s. 9(m), 9007 s. 2(c), 10117 s. 5(b), repealed by No. 19/1989 s. 9. * * * * * Pt 4 (Heading and ss 57–64) amended by Nos 8263 s. 4(2), 16/1986 s. 11(5)(a)–(f), 85/1987 s. 3(c), 19/1989 s. 10(a)–(f), repealed by No. 43/1991 s. 37(d). * * * * *
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. 73(3A) inserted by No. 16/1986 s. 16(b), amended by No. 19/1989 s. 12(d). (3A) Subsection (3) does not apply so as to authorize the court to order a new trial in civil proceedings in which a jury has given a verdict. S. 73(4) inserted by No. 9633 s. 7, amended by Nos 9967 s. 9, 19/1989 s. 12(e)(i)–(iii), 35/1996 s. 453(Sch. 1 item 15.12 (a)(b)). (4) Every judgment debt shall carry interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the time the judgment is entered or the order made or, in the case of costs to be assessed, from the assessment of those costs or such other day as the court orders, and the amount of the interest shall be stated in the body of and may be seized under a warrant of execution on such judgment. No. 6117 s. 74. 74 Appeal to the Court of Appeal S. 74(1) amended by Nos 16/1986 s. 16(c), 19/1989 s. 12(f)(i)–(iii), 109/1994 s. 32(1), 24/2007 s. 11(1), 24/2008 s. 69, 62/2014 s. 11(1). (1) Subject to this section, any party to a civil proceeding who is dissatisfied with any judgment or order of the court constituted by a judge other than an associate judge may appeal from the same to the Court of Appeal with leave of the Court of Appeal, notwithstanding that the civil proceeding may have been brought in the County Court by consent as provided by this Act.
(3) The power given by this section shall extend and apply to all proceedings by or against the Crown. S. 78(4) amended by No. 16/1986 s. 9(2)(b), substituted by No. 19/1989 s. 13(b). (4) The power to make Rules of Court extends to the repeal and amendment of rules even if they have been ratified, validated and approved by the Parliament. S. 78(5) substituted by No. 6886 s. 3, amended by No. 16/1986 s. 16(e), substituted by No. 19/1989 s. 13(b). (5) In any case not provided for in this Act or by the Rules of Court, the general principles of practice and the rules observed in the Supreme Court may be adopted and applied to any proceeding with such modifications as may be necessary at the discretion of the court before which the proceeding is being or to be heard. 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— (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.
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: 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: 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) Assent Date: 22.4.86 Commencement Date: S. 11 on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the County Court Act 1958 Guardianship and Administration Board Act 1986, No. 58/1986