S. 3(1) def. of Court of Appeal inserted by No. 109/1994 s. 18(b). Court of Appeal means the division of the Court called the Court of Appeal; S. 3(1) def. of court official amended by Nos 35/1996 s. 453(Sch. 1 item 80.1(b)), 102/1997 s. 49(Sch. item 5), 18/2005 s. 18(Sch. 1 item 103.1(b)), 24/2008 s. 13(b), 9/2009 s. 57. court official means— (a) an officer of the Court (except a person who is an officer of the Court only because he or she is an Australian lawyer); or (b) any person employed in any of the offices of the Court; or (c) any person employed in the chambers of a Judge or Associate Judge; or (d) the sheriff or any other person acting in execution of any warrant or other process of the Court; defendant includes every person served with any process or served with notice of or entitled to attend any proceeding; S. 3(1) def. of domestic partner inserted by No. 4/2009 s. 37(Sch. 1 item 25.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of repealed by No. 109/1994 s. 18(c). * * * * *
S. 3(1) def. of Judge of Appeal inserted by No. 109/1994 s. 18(d), amended by No. 5/2013 s. 15(2)(a). Judge of Appeal means the Chief Justice, the President, another Judge of Appeal or an additional Judge of Appeal appointed or acting under section 80B of the Constitution Act 1975 and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of Appeal during any period of engagement; S. 3(1) def. of Judge of the Court inserted by No. 24/2008 s. 13(a), amended by Nos 5/2013 s. 15(2)(b), 63/2013 s. 16(c). Judge of the Court means a Judge of the Court referred to in section 75(3) of the Constitution Act 1975 and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA of that Act; judgment includes order; S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 9(1). judicial registrar means a person appointed as a judicial registrar of the Court under Division 2A of Part 7; S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 3, amended by No. 34/2010 s. 9(2), substituted by No. 47/2010 s. 80(a). judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010; landlord includes a lessor;
S. 3(1) def. of Law Institute repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). * * * * * S. 3(1) def. of law practice inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 93.1(b)). law practice has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 93.1(c)). legal practitioner means an Australian legal practitioner; S. 3(1) def. of Master substituted by No. 109/1994 s. 18(e), repealed by No. 24/2008 s. 13(c). * * * * * S. 3(1) def. of business repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). * * * * * S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 62. part-time service arrangement means— (a) in relation to a Judge of the Court, an arrangement entered under section 75C of the Constitution Act 1975;
S. 3(1) defs of solicitor, solicitor-client agreement repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). * * * * * S. 3(1) def. of spouse inserted by No. 4/2009 s. 37(Sch. 1 item 25.1). spouse of a person means a person to whom the person is, or was at the time of the person's death, married; subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984; S. 3(1) def. of contributions surcharge inserted by No. 19/2001 s. 19. 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. 19. 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; tenant includes a lessee and any other person deriving title under a lease; the Rules means the Rules of Court made by the Judges of the Court whether under the powers conferred by this Act or otherwise;
5 Criminal procedure Subject to any express enactment to the contrary and to the Rules, the practice and procedure in all criminal proceedings in the Court is that existing immediately before the commencement of this Act. Division 1—Sittings No. 6387 s. 50. 6 Where Court to be held (1) The Court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs. (2) The Governor in Council may by Order published in the Government Gazette direct that the Court shall cease to be held at any place and may subsequently direct that it shall be again held at that place. No. 6387 s. 45. 7 Time and place of sitting Subject to the Rules, the Court may sit and act at any time and place. Ss 8, 9 repealed by No. 109/1994 s. 19. * * * * * S. 9A inserted by No. 35/1996 s. 453(Sch. 1 item 80.2), amended by No. 24/2008 s. 14. 9A Robing of Judges All matters pertaining to the robing of Judges of the Court are to be determined by the Chief Justice after consultation with the Council of the Judges.
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;
No. 6387 s. 46. S. 16 substituted by No. 109/1994 s. 20, amended by No. 16/2016 s. 207. 16 Arrangement of business of Court of Appeal Subject to section 28AAA, the President is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal. Pt 2 Div. 2A (Heading and ss 17–17B) inserted by No. 109/1994 s. 20. Division 2A—Trial Division No. 6387 s. 19A. S. 17 (Heading) inserted by No. 24/2008 s. 18(1). S. 17 substituted by No. 109/1994 s. 20. 17 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge S. 17(1) amended by No. 24/2008 s. 18(2). (1) The Trial Division constituted by a Judge of the Court may hear and determine all matters, whether civil or criminal, not required by or under this or any other Act or the Rules to be heard and determined by the Court of Appeal. S. 17(1A) inserted by No. 24/2008 s. 18(3). (1A) The Trial Division constituted by an Associate Judge may hear and determine all matters, whether civil or criminal, not required by or under this Act or any other Act or the Rules to be heard and determined— (a) by the Court of Appeal; or (b) by the Trial Division constituted by a Judge of the Court.
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.
(ii) the Magistrates' Court; (iii) VCAT— if, by any order of a court or VCAT, costs are to be assessed, settled, taxed or reviewed by the ; (d) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in the County Court, the Magistrates' Court or VCAT, as the case requires, in which— (i) there is an entitlement to costs by or under any Act, the Rules of the County Court, the Magistrates' Court or VCAT or arising from an order of the County Court, the Magistrates' Court or VCAT; and (ii) the amount of those costs has not been fixed by the court or by VCAT; S. 17D(1)(e) amended by No. 50/2011 s. 46(Sch. item 14.1). (e) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in an arbitration, subject to the Commercial Arbitration Act 2011; S. 17D(1)(ea) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(a)). (ea) must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria); (f) must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004; Note to S. 17D(1)(f) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(b)). Note See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria).
S. 25(1)(df) inserted by No. 34/2010 s. 19(3), amended by No. 68/2012 s. 7(2). (df) delegating to judicial registrars all or any of the powers of the Court specified by the Rules in relation to matters to be heard and determined by judicial registrars in accordance with the Rules, including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court; S. 25(1)(dg) inserted by No. 34/2010 s. 19(3). (dg) the transfer or referral of matters between the Court constituted by a judicial registrar and the Court constituted by a Judge of the Court or by an Associate Judge; S. 25(1)(dh) inserted by No. 34/2010 s. 19(3). (dh) reviews of, and appeals from, the Court constituted by a judicial registrar or a costs registrar; (e) The reference of any question arising in a proceeding to a special referee or officer of the Court for decision or opinion; 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;
S. 33E inserted by No. 78/2000 s. 13. 33E Consent of group member (1) Subject to subsection (2), the consent of a person to be a group member is not required. (2) None of the following persons is a group member unless the person gives consent in writing to being so— (a) the Commonwealth, a State or a Territory; or (b) a Minister of the Commonwealth, a State or a Territory; or (c) a body corporate established for a public purpose by a law of the Commonwealth, a State or a Territory, other than an incorporated company or association; or (d) any judge, magistrate or other judicial officer of the Commonwealth, a State or a Territory; or (e) any other officer of the Commonwealth, a State or a Territory, in his or her capacity as an officer. S. 33F inserted by No. 78/2000 s. 13. 33F Persons under disability (1) It is not necessary for a person under disability to have a litigation guardian merely in order to be a group member. (2) A group member who is a person under disability may only take a step in the group proceeding, or conduct part of the proceeding, by the group member's litigation guardian. S. 33G inserted by No. 78/2000 s. 13, amended by No. 12/2001 s. 6. 33G Group proceeding not to be commenced in certain circumstances A group proceeding may not be commenced if the proceeding would be concerned only with claims in respect of which the Court has jurisdiction solely by virtue of the Jurisdiction of Courts (Cross-vesting) Act 1987 or a corresponding law
S. 33ZK inserted by No. 78/2000 s. 13, amended by No. 24/2008 s. 89(b). 33ZK Transitional provisions A proceeding commenced under Rule 18A.03 of the Supreme Court (General Civil Procedure) Rules 1996 on or after 1 January 2000 and before the passing of the Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 must be taken for all purposes to have been commenced under this Part on the day on which it was commenced under that Rule. Division 1—General Ss 34, 35 repealed by No. 78/2000 s. 14. * * * * * No. 6387 s. 62(1). 36 Declaratory judgments A proceeding is not open to objection on the ground that a merely declaratory judgment is sought, and the Court may make binding declarations of right without granting consequential relief. No. 6387 s. 62(2). 37 Injunctions and receivers (1) The Court may by order, whether interlocutory or final, grant an injunction or appoint a receiver if it is just and convenient to do so. (2) An order made under subsection (1) may be made either unconditionally or on such terms and conditions as the Court thinks just.
(i) before the commencement of this section; or (ii) after the commencement of this section in accordance with a judgment or order entered or made before the commencement of this section; and (b) the money is being held in court on behalf of a child— the Court may by order direct that the money be paid out to an administrator specified in the order. (3) If the Court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that child is a party to a cause or matter), the Court— (a) may order that the property be delivered up or transferred to an administrator specified in the order; and (b) may give any directions for the service of the order on the administrator as it thinks fit. (4) If an order under subsection (3) is served on State Trustees within the meaning of the State Trustees (State Owned Company) Act 1994, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property. S. 51A(5) amended by No. 30/2004 s. 12(1)(2). (5) A copy of any order made under this section must be given by the administrator to the Tribunal within the meaning of the Guardianship and Administration Act 1986 and the Public Advocate appointed under that Act.
No. 6387 ss 114, 116. 79 Proceeding by landlord if rent is in arrears (1) If— S. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) 6 months' rent is in arrears; and (b) the landlord has the right by law to re-enter for its non-payment— the landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land. (2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and (3) If the Court is satisfied— S. 79(3)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) that 6 months' rent was in arrears before the proceeding was commenced; and (b) that the landlord had power to re-enter— it may give judgment for the landlord. (4) Unless the tenant within 6 months after the enforcement of the judgment pays the rent and arrears together with full costs and proceeds for relief on equitable grounds, then— (a) the tenant loses all rights to obtain relief or remedy other than by appeal; and (b) the landlord holds the land freed from the lease. (5) If the tenant at any time before the hearing— S. 79(5)(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (a) pays or tenders to the landlord or to the executor, administrator or legal practitioner of the landlord; or
S. 102(1) amended by No. 24/2008 s. 26(1). (1) Subject to subsection (2), a minor must not be made a ward of Court except by order of the Court constituted by a Judge of the Court. (2) If application is made for an order under subsection (1), the minor becomes a ward of Court on the making of the application but ceases to be a ward at the end of the period prescribed by the Rules unless within that period an order has been made in accordance with the application. (3) The Court may, either on an application or of its own motion, order that a minor who is a ward of Court shall cease to be a ward. Division 9—Quashing by-laws No. 6387 s. 178. 103 Proceeding to test legality of by-laws S. 103(1) amended by No. 24/2008 s. 26(2). (1) A person who pays into court the sum of $500 as security for costs may apply to the Court constituted by a Judge of the Court for an order calling on the corporation by which or on whose behalf a by-law has been made to show cause why the by-law should not be quashed, either wholly or in part, for illegality. (2) The Court may make the order absolute or discharge it with or without costs. (3) In this section— by-law includes regulations, rules and articles of association; corporation means every corporation, no matter how created, and whether it exists for
S. 104C(1)(a) amended by Nos 11/2002 s. 3(Sch. 1 item 59.2), 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (a) cause an actuary to determine the extent to which 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 under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the Associate Judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former Associate Judge became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and S. 104C(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (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. 104C(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(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 104B within 10 days after the Minister's notification under subsection (1)(b). S. 104C(3) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b). (3) If an election under section 104B 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).
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).
separate account or transfer it to another Common Fund. (11) Amounts withdrawn from a Common Fund cease, from the date of withdrawal, to have any claim for interest or otherwise from the Common Fund. S. 113(12) amended by No. 30/2004 s. 3(5). (12) Subject to section 113A and unless otherwise expressly provided by the rules under which a Common Fund is constituted— (a) no capital appreciation or depreciation in the value of any investments made or taken to have been made from a Common Fund are to be taken to increase or diminish the amount at credit in the Common Fund on the account of any person, estate or trust; and (b) on the withdrawal from the Common Fund of any amount transferred to it, the person, estate or trust in question is entitled to be credited with the actual amount so transferred without regard to any capital appreciation or depreciation. S. 113(13) amended by No. 30/2004 s. 3(6). (13) Interest received from the investment of money forming part of a Common Fund (except Common Fund No. 3) is to be paid into an account to be called the "Interest Suspense Account" of that Common Fund and to be allocated as provided in subsection (14). S. 113(14) amended by No. 30/2004 s. 3(7). (14) On each amount at credit in a Common Fund (except Common Fund No. 3) interest at the appropriate rate fixed from time to time by the Senior Master, with the approval of the Chief Justice, must at such times and intervals as are prescribed by the Rules be allocated and paid out of the Interest Suspense Account of that Common Fund to the credit of the person, estate or trust entitled for the time being to the interest.
Assent Date: 31.5.88 Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532 : All of Act in operation Legal Profession Practice (Amendment) Act 1989, No. 35/1989 Assent Date: 6.6.89 Commencement Date: S. 23 on 20.9.89: Government Gazette 20.9.89 p. 2404 : This information relates only to the provision/s amending the Supreme Court Act 1986 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 : All of Act in operation Courts (Amendment) Act 1990, No. 64/1990 Assent Date: 20.11.90 Commencement Date: Ss 3, 4, 7, 8 on 1.1.91: Government Gazette 19.12.90 p. 3750; s. 14 on 18.11.91: Government Gazette 13.11.91 p. 3083 : This information relates only to the provision/s amending the Supreme Court Act 1986 Crimes (Sexual Offences) Act 1991, No. 8/1991 Assent Date: 16.4.91 Commencement Date: S. 19(1) on 5.8.91: Government Gazette 24.7.91 p. 2026 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts (Case Transfer) Act 1991, No. 43/1991 Assent Date: 18.6.96 Commencement Date: S. 2, Pt 9 (ss 39–41) on 1.8.91; rest of Act on 1.10.91: Government Gazette 17.7.91 p. 1930 : All of Act in operation Health and Community Services (Further Amendment) Act 1993, No. 124/1993 Assent Date: 7.12.93 Commencement Date: S. 4(4) on 18.12.94: Government Gazette 15.12.94 p. 3308 : This information relates only to the provision/s amending the Supreme Court Act 1986 Financial Management Act 1994, No. 18/1994