S. 3(1) def. of partner inserted by No. 4/2009 s. 37(Sch. 1 item 25.1), substituted by No. 40/2010 s. 105. partner of a person means the person's spouse or domestic partner; party includes every person served with notice of or attending any proceeding, whether named on the record or not; plaintiff includes every person claiming any relief (otherwise than by way of counterclaim as a defendant) against any other person in a proceeding; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 162.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of President inserted by No. 109/1994 s. 18(f). President means the President of the Court of Appeal; proceeding means any matter in the Court other than a criminal proceeding; S. 3(1) def. of reserve Associate Judge inserted by No. 63/2013 s. 16(a). reserve Associate Judge means a person appointed under section 105B; S. 3(1) def. of reserve Judge inserted by No. 5/2013 s. 15(1). reserve Judge means a person appointed under section 81 of the Constitution Act 1975;
S. 9B inserted by No. 24/2008 s. 15. 9B Titles of Associate Judges Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any Associate Judge. S. 9C inserted by No. 34/2010 s. 10. 9C Titles of judicial registrars Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any judicial registrar. Pt 2 Div. 2 (Heading and ss 10–17) substituted as Pt 2 Div. 2 (Heading and ss 10–16) by No. 109/1994 s. 20. Division 2—Court of Appeal No. 6387 s. 42. S. 10 substituted by No. 109/1994 s. 20. 10 Jurisdiction and powers (1) Subject to this Act, the Court of Appeal has jurisdiction to hear and determine— S. 10(1)(a) amended by No. 24/2008 s. 16(1). (a) all appeals from the Trial Division constituted by a Judge of the Court; S. 10(1)(ab) inserted by No. 24/2008 s. 16(2). (ab) all appeals from the Trial Division constituted by an Associate Judge which the Rules specify are to be heard and determined by the Court of Appeal; S. 10(1)(ac) inserted by No. 78/2008 s. 4. (ac) without limiting paragraph (ab), all appeals from the Costs Court constituted by a Costs Judge which the Rules specify are to be heard and determined by the Court of Appeal; (b) all applications for new trials;
S. 17A(3) amended by Nos 24/2008 s. 19(1)(c), 68/2009 s. 97(Sch. item 116.1). (3) Except as provided in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009, an appeal does not lie from a determination of the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge made on or in relation to the trial or proposed trial of a person on indictment. S. 17A(3A) inserted by No. 51/2000 s. 10, amended by Nos 24/2008 s. 19(1)(d), 62/2014 s. 6(1)(b). (3A) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an appeal to the Court— (a) under section 148(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998; or S. 17A(3A)(ab) inserted by No. 68/2009 s. 97(Sch. item 116.2(a)). (ab) under section 272 of the Criminal Procedure Act 2009; or S. 17A(3A)(b) amended by No. 68/2009 s. 97(Sch. item 116.2(b)). (b) under section 109 of the Magistrates' Court Act 1989— is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal. S. 17A(3B) inserted by No. 51/2000 s. 10. (3B) Subsection (3A) applies only to an order made on an appeal instituted after the commencement of section 10 of the Courts and Tribunals Legislation (Further Amendment) Act 2000. S. 17A(3C) inserted by No. 68/2013 s. 9(1), amended by No. 62/2014 s. 6(1)(c)(i). (3C) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an application under section 459G of the Corporations Act to set aside a statutory demand is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal.
S. 17F(b) amended by No. 34/2010 s. 15(2)(b). (b) may give general directions as to case management by judicial registrars or costs registrars. S. 17G inserted by No. 78/2008 s. 5. 17G Powers and functions of costs registrar (1) Subject to the general direction and control of a Costs Judge, a costs registrar may— (a) assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and (b) exercise the powers of the conferred on a costs registrar by or under this Act or any other Act or by the Rules. (2) In the performance of his or her duties as a costs registrar and the exercise of the powers of the Costs Court under subsection (1), a costs registrar is not subject to direction or control under the Public Administration Act 2004 or of any person or body. (3) Subject to sections 17H and 17J, a determination made by a costs registrar— (a) has effect as a judgment, an order or a direction (as the case requires) of the ; and (b) may be enforced accordingly. S. 17G(4) repealed by No. 64/2010 s. 65. * * * * * S. 17GA inserted by No. 34/2010 s. 16. 17GA Powers and functions of judicial registrar in
the same immunity and protection as a Judge of the Court has in the performance of his or her duties as Judge. (2) In subsection (1) specified court officer means the following persons employed in accordance with section 106— (a) the prothonotary; (b) the registrar of probates; (c) a registrar; (d) a costs registrar; (e) a deputy registrar; (f) a deputy prothonotary; (g) an assistant registrar of probates; (h) a deputy costs registrar. S. 24G inserted by No. 26/2012 s. 72. 24G Protection of assessors An assessor called in for assistance in a proceeding under section 77 has, in the performance of his or her duties as an assessor in the proceeding, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge. Division 4—Court Rules No. 6387 s. 25. 25 Power to make Rules S. 25(1) amended by Nos 9/1995 s. 7(5), 5/2013 s. 17. (1) The Judges of the Court (not including any reserve Judge) may make Rules of Court for or with respect to the following: (a) Any matter dealt with in any Rules of Court in force on 1 January 1987; S. 25(1)(ab) inserted by No. 47/2010 s. 82(a). (ab) furthering the overarching purpose set out in the Civil Procedure Act 2010 and the conduct of civil proceedings in accordance
S. 25(1)(ea) inserted by No. 64/1990 s. 7(1). (ea) The reference of any proceeding or of any part of a proceeding to mediation or arbitration; S. 25(1)(eab) inserted by No. 50/2009 s. 6(a). (eab) judicial resolution conferences, including, but not limited to, the practice and procedure of the Court in relation to judicial resolution conferences; S. 25(1)(eac) inserted by No. 47/2010 s. 82(b). (eac) without limiting paragraphs (ea) and (eab), the referral, direction or ordering of parties to a proceeding to any form of appropriate dispute resolution, whether with or without consent of the parties; S 25(1)(eb) inserted by No. 4/1997 s. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48). (eb) requirements for the purposes of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 for or with respect to— (i) the form of audio visual or audio link; (ii) the equipment, or class of equipment, used to establish the link; (iii) the layout of cameras; (iv) the standard, or speed, of transmission; (v) the quality of communication; (vi) any other matter relating to the link; S. 25(1)(ec) inserted by No. 4/1997 s. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48). (ec) applications to the Court under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; S. 25(1)(ed) inserted by No. 8/2008 s. 9, repealed by No. 8/2008 s. 12(2). * * * * * (f) Any matter relating to—
Subject to this Division, a person must not be arrested on mesne process in any proceeding. No. 6387 s. 128. 87 Court may order arrest If a plaintiff in a proceeding in which a defendant would (prior to 3 October 1839) have been liable to arrest, shows to the satisfaction of the Court by affidavit (whether of the plaintiff or of some other person)— (a) that the plaintiff has a cause of action against the defendant to the amount of $50 000 or more or has sustained damage to that amount; and (b) that there is probable cause for believing that the defendant is about to remove out of or is making preparations to remove out of ; and (c) that the proceeding will be defeated unless the defendant is forthwith apprehended— the Court may order that the defendant be arrested and imprisoned until further order of the Court or until security is given by the defendant. No. 6387 s. 136. 88 Security to be given by defendant (1) The security to be given by a defendant may be— (a) a deposit in court of the amount mentioned in the order (not exceeding the amount claimed in the proceeding); or (b) a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two) that if judgment is entered for the plaintiff for the sum named in the bond or any lesser sum the sum for which judgment
(b) to vary the order to arrest; or (c) to be discharged from custody; or (d) for such other relief as is just. No. 6387 s. 131. S. 92 amended by No. 35/1996 s. 453(Sch. 1 item 80.10). 92 Endorsement on order An order to arrest must before delivery to the sheriff be endorsed with the address for service of the plaintiff and of the plaintiff's legal practitioner (if any) as required by the Rules in relation to originating process. No. 6387 s. 132. 93 Restrictions on execution of order The sheriff, a deputy sheriff or any other officer having the execution of an order to arrest must not arrest a defendant on an order taken out by a plaintiff in person unless at or before the time of making the arrest— S. 93(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (a) the order is delivered to the sheriff, deputy sheriff or other officer by a legal practitioner or the clerk of a legal practitioner or an agent authorised in writing by a legal practitioner; and S. 93(b) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (b) the order is endorsed, in the presence of the sheriff, deputy sheriff or other officer, with the name and place of residence of the legal practitioner by the legal practitioner, clerk or agent delivering it. No. 6387 s. 133. 94 Execution on a Sunday An order to arrest may be made or executed on a Sunday. No. 6387 s. 134. 95 Privilege from arrest A person is not subject to arrest under an order to arrest if that person is, by reason of any privilege, usage or otherwise, by law exempt from arrest. No. 6387 s. 135. 96 Misdescription of defendant
S. 104A(3) amended by Nos 23/2008 s. 16(2)(a)(c), 24/2008 s. 29(2)(e). (3) A pension is not payable under subsection (2) to the partner of an Associate Judge, a former Associate Judge or former Master where the marriage took place or the domestic partnership was entered into after the Associate Judge's or former Master's resignation or retirement. S. 104A(4) amended by No. 24/2008 s. 29(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. 104A(5) amended by Nos 23/2008 s. 17, 24/2008 s. 29(2)(g). (5) An eligible child of an Associate Judge, a former Associate Judge or former Master or his or her partner is a child, adopted child or stepchild of the Associate Judge, former Associate Judge or former Master— (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. 104A(7) amended by No. 24/2008 s. 29(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
(d) be accompanied by a copy of the superannuation contributions surcharge notice. S. 104F (Heading) amended by No. 24/2008 s. 32(3). S. 104F inserted by No. 19/2001 s. 21. 104F Actuary's calculation after former Associate Judges' election to commute pensions (1) If an election under section 104E is in operation, the Minister must within 10 days after the day on which the Minister received the election— S. 104F(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4). (a) cause an actuary to determine the extent to which a former Associate Judge's pension and any future entitlement of the partner or eligible child of the former Associate Judge to a pension upon the Associate Judge's death otherwise payable under this Act will be reduced subject to section 104G(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and S. 104F(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4). (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. 104F(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4). (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 104E within 10 days after the Minister's notification under subsection (1)(b). S. 104G (Heading) amended by No. 24/2008 s. 33(1). S. 104G inserted by No. 19/2001 s. 21. 104G Payment and commutation of pensions of former Associate Judges (1) If an election under section 104E 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. 104G(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(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 104F in consequence of the payment of the lump sum. (3) For the purposes of section 104F— S. 104G(3)(a) amended by No. 24/2008 s. 33(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. 104G(3)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(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; or (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).
(c) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 104JA inserted by No. 63/2013 s. 64. 104JA Entry into part-time service arrangement (1) An Associate Judge may enter into an arrangement with the Chief Justice to carry out the duties of Associate Judge on a part-time basis. (2) A part-time service arrangement— (a) must be in writing; (b) must specify the proportion of full-time duties to be worked by the Associate Judge to whom the part-time service arrangement applies which must be a minimum of 0·4 of full-time duties; (c) may specify an expiry date, but is not required to do so. (3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement— (a) the operational needs of the Court; (b) the personal and professional circumstances of the Associate Judge; (c) parity and equity with other Associate Judges; (d) any other relevant consideration. (4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement. S. 104JB inserted by No. 63/2013 s. 64. 104JB Variation of part-time service arrangement (1) A part-time service arrangement may be varied by agreement between the Associate Judge to whom the arrangement applies and the Chief Justice.
S. 107(1) amended by No. 9/2009 s. 59(1). (1) The Governor in Council may by Order published in the Government Gazette declare the person for the time being carrying out the duties of any office in the public service to be a deputy prothonotary. (2) A person who is the subject of an Order under subsection (1)— (a) has the duties and powers specified in the Order; and S. 107(2)(b) amended by No. 9/2009 s. 59(2). (b) for the purposes of this Act is to be taken to be appointed as deputy prothonotary. No. 6387 s. 184. 108 Powers of deputies S. 108(1) amended by No. 9/2009 s. 60(1). (1) A person appointed as deputy prothonotary has the duties and powers specified in the terms of that person's appointment. S. 108(2) amended by No. 9/2009 s. 60(2). (2) Anything done by a deputy prothonotary is as valid and effective as if it had been done by the prothonotary and no person need be concerned to inquire whether any action is within the terms of the deputy's authority. No. 6387 s. 185. 109 Appointment of bailiffs and assistant bailiffs S. 109(1) substituted by No. 9/2009 s. 61(1). (1) The Governor in Council may appoint a person other than a sheriff's officer to be a bailiff for the purposes of this Act. Note In relation to sheriff's officers as bailiffs, see section 12 of the Sheriff Act 2009.
S. 140 repealed by No. 51/2000 s. 11(d), new s. 140 inserted by No. 78/2000 s. 16. 140 Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 Without limiting section 14 of the Interpretation of Legislation Act 1984, the repeal of sections 34 and 35 of this Act by section 14 of the Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 has no effect on a proceeding under those sections commenced before that repeal and not yet finally determined immediately before that repeal and any such proceeding may be continued in all respects as if those sections had not been repealed. S. 141 inserted by No. 17/2005 s. 8. 141 Transitional provision—Justice Legislation (Amendment) Act 2005 The amendment of section 43 of this Act made by section 7(2) of the Justice Legislation (Amendment) Act 2005 applies to an instrument or anything done or not done, irrespective of when the instrument was made or the thing was done or not done. S. 142 inserted by No. 24/2008 s. 73. 142 References Unless the contrary intention appears, on and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in any Act (other than that Act), subordinate instrument or other document— (a) to a Master of the Supreme Court is to be construed as a reference to an Associate Judge of the Supreme Court; and (b) to the Senior Master is to be construed as a reference to the Associate Judge who is the Senior Master; and (c) to the Taxing Master is to be construed as a reference to the Associate Judge who is the Taxing Master.
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 59) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Supreme Court Act 1986 Supreme Court (Vexatious Litigants) Act 2003, No. 71/2003 Assent Date: 14.10.03 Commencement Date: 15.10.03: s. 2 : All of Act in operation Courts Legislation (Funds in Court) Act 2004, No. 30/2004 Assent Date: 1.6.04 Commencement Date: Ss 3, 4, 12 on 1.7.04: s. 2 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004 Assent Date: 1.6.04 Commencement Date: S. 12 on 2.6.04: s. 2 : This information relates only to the provision/s amending the Supreme Court Act 1986 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 194) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 Assent Date: 24.5.05 Commencement Date: S. 6 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1 : This information relates only to the provision/s amending the Supreme Court Act 1986 Justice Legislation (Amendment) Act 2005, No. 17/2005 Assent Date: 24.5.05 Commencement Date: Ss 7, 8 on 1.9.05: s. 2(2) : This information relates only to the provision/s amending the Supreme Court Act 1986 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 103) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Supreme Court Act 1986 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 24.3.09 Commencement Date: Ss 57–71 on 1.10.09: Government Gazette 1.10.09 p. 2539 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009 Assent Date: 8.9.09 Commencement Date: Ss 3–6 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Supreme Court Act 1986 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 116) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Supreme Court Act 1986 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 48) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Supreme Court Act 1986 Credit (Commonwealth Powers) Act 2010, No. 11/2010 Assent Date: 30.3.10 Commencement Date: S. 58 on 1.7.10: Government Gazette 24.6.10 p. 1273 : This information relates only to the provision/s amending the Supreme Court Act 1986 Justice Legislation Amendment Act 2010, No. 30/2010 Assent Date: 8.6.10 Commencement Date: S. 94 on 26.6.10: Government Gazette 24.6.10 p. 1274 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010 Assent Date: 15.6.10 Commencement Date: S. 51 on 16.6.10: s. 2(3); ss 9–25 on 1.1.11: s. 2(5) : This information relates only to the provision/s amending the Supreme Court Act 1986 Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date: 9.9.14 Commencement Date: S. 108 on 10.9.14: s. 2(1); ss 3–8, 80–84 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 : This information relates only to the provision/s amending the Supreme Court Act 1986 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Supreme Court Act 1986 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 93) not yet proclaimed Current State: This information relates only to the provision/s amending the Supreme Court Act 1986 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Supreme Court Act 1986 were Not in Operation: Amending Act/s: Legal Profession Uniform Law Application Act 2014, No. 17/2014 SCHEDULE 2 93 Supreme Court Act 1986 93.1 In section 3(1)— (a) the definition of Australian lawyer is repealed; (b) in the definition of law practice, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)"; (c) in the definition of legal practitioner omit "within the meaning of the Legal Profession Act 2004". 93.2 In section 17D(1), for paragraph (f) substitute—