section 105D to perform the duties of an Associate Judge during any period of engagement or acting under section 105H; S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)). Australian lawyer has the same meaning as in the Legal Profession Act 2004; S. 3(1) def. of Chief Justice amended by No. 109/1994 s. 18(a). Chief Justice includes Acting Chief Justice, and in the absence of the Chief Justice and the Acting Chief Justice means the senior Judge of the Court for the time being present; costs includes fees, charges and disbursements; S. 3(1) def. of Costs Court inserted by No. 78/2008 s. 3. Costs Court means the established by section 17C; s. 3 S. 3(1) def. of Costs Judge inserted by No. 78/2008 s. 3. Costs Judge means an Associate Judge allocated to the as a Costs Judge under section 17E; S. 3(1) def. of costs registrar inserted by No. 78/2008 s. 3. costs registrar means a person employed pursuant to section 106(ac) who has functions and powers under Division 2B of Part 2; Court means the Supreme Court; 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; s. 3 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 of repealed by No. 109/1994 s. 18(c).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 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; s. 3 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;
constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal. S. 11(1C) inserted by No. 62/2014 s. 3(1). (1C) Subject to subsection (9), the Rules may provide that a single Judge of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal— (a) in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or (b) generally. (2) More than one sittings of the Court of Appeal may be held at the same time. (3) When more than one sittings of the Court of Appeal are held at the same time, the jurisdiction and powers of the Court of Appeal may be exercised at each sittings. S. 11(4) amended by Nos 24/2007 s. 10(2), 24/2008 s. 17, 62/2014 s. 3(2). (4) The Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings, be exercised by an Associate Judge. S. 11(4A) inserted by No. 34/2010 s. 11(1). (4A) Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if— s. 11 (a) the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and (b) the Rules provide for the delegation to judicial registrars of powers of the Court of
(iii) by the Rules of another court or of a tribunal. (2) The has such powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) The must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act, the Rules and the proper consideration of the matters before the Court permit. (4) Subject to this Act and the Rules, the may regulate its own procedure. S. 17E inserted by No. 78/2008 s. 5. 17E Chief Justice to allocate Associate Judges as Costs Judges s. 17E (1) The Chief Justice must allocate an Associate Judge to be a Costs Judge of the . (2) The Chief Justice may allocate more than one Associate Judge as a Costs Judge to the if the operational requirements of the so require. S. 17EA inserted by No. 34/2010 s. 14. 17EA Chief Justice may assign judicial registrars to The Chief Justice may assign one or more judicial registrars to the if the operational requirements of the so require. S. 17F (Heading) amended by No. 34/2010 s. 15(1). S. 17F inserted by No. 78/2008 s. 5. 17F Costs Judge may direct judicial registrars and costs registrars Subject to this Act or any other Act, the Rules and any order of the Court, a Costs Judge— S. 17F(a) amended by No. 34/2010 s. 15(2)(a). (a) may direct that costs, or costs of a specific class or kind, be assessed, settled, taxed or reviewed by a judicial registrar or a costs registrar;
no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation. Pt 2 Div. 3A (Heading and ss 24B, 24C) inserted by No. 50/2009 s. 5, amended by No. 34/2010 s. 18, repealed by No. 47/2010 s. 81(1). * * * * * Pt 2 Div. 3B (Heading and ss 24D–24F) inserted by No. 64/2010 s. 66. Division 3B—Immunities and protections S. 24D inserted by No. 64/2010 s. 66. 24D Immunity and protection of Judge of Court extends to administrative functions Without limiting any other law, whether written or unwritten, the immunity and protection that a Judge of the Court has in the performance of his or her duties as Judge extends and applies to the performance or exercise of an administrative function or power conferred on the Judge or on the Court by or under any Act or any other law. S. 24E inserted by No. 64/2010 s. 66. 24E Immunity and protection of Associate Judges Without limiting any other law, whether written or unwritten, an Associate Judge has in the performance of his or her duties as an Associate Judge, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge. S. 24F inserted by No. 64/2010 s. 66. 24F Immunity and protection of specified court officers
S. 25(1)(dc) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(b). (dc) the transfer or referral of matters between the Costs Court constituted by a Costs Judge and the Costs Court constituted by a costs registrar or a judicial registrar; S. 25(1)(dd) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(c). (dd) reviews by and appeals from the Costs Court; S. 25(1)(de) inserted by No. 34/2010 s. 19(3), substituted by No. 68/2012 s. 7(1). (de) the prescription of classes of matters (whether civil or criminal) which may be heard and determined by the Court constituted by a judicial registrar; s. 25 S. 25(1)(dea) inserted by No. 68/2012 s. 7(1). (dea) without limiting paragraph (dg), the referral by a Judge or an Associate Judge of any matter (whether civil or criminal and whether or not it falls within a particular class of matter) to the Court constituted by a judicial registrar for hearing and determination; 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;
making the application are likely to exceed the costs recoverable by the person from the defendant, the Court may order that an amount equal to the whole or a part of the excess be paid to that person out of the damages awarded. S. 33ZK inserted by No. 78/2000 s. 13, amended by No. 24/2008 s. 89(b). 33ZK Transitional provisions s. 33ZK 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 s. 36 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
No. 6387 s. 180. S. 104 amended by Nos 64/1990 s. 3(a)(b), 109/1994 s. 22/1995 s. 20(1), 46/1998 s. 7(Sch. 1), 31/2004 s. 12, 108/2004 s. 117(1) (Sch. 3 item 194), 16/2005 s. 6, substituted by No. 24/2008 s. 28. 104 Appointment of Associate Judges s. 104 (1) Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council. (2) The Associate Judges appointed under subsection (1)— S. 104(2)(a) amended by No. 34/2010 s. 21(a). (a) must include an Associate Judge who is the Senior Master. S. 104(2)(b) amended by No. 78/2008 s. 7(2), repealed by No. 34/2010 s. 21(b). * * * * * S. 104(3)(4) repealed by No. 34/2010 s. 21(b). * * * * * (5) No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created. (6) A person must not be appointed as an Associate Judge unless that person— (a) is or has been a judge, an associate judge or a magistrate of—
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 s. 104A S. 104A(7) (b)(ii) substituted by No. 18/2005 s. 18(Sch. 1 item 103.5). (ii) he or she is engaged in legal practice in any State or Territory or is employed by a law practice in connection with the practice's legal practice in any State or Territory. (8) Subsection (7) applies unless the Governor in Council by Order otherwise determines in any particular case. S. 104A(9) amended by No. 24/2008 s. 29(2)(i). (9) An Associate Judge retires for the purposes of this section only if he or she ceases to hold office in the circumstances described in section 104(7)(d). (10) This section does not apply to or in relation to a Master who resigned or retired before the commencement of section 4 of the Courts (Amendment) Act 1990.
S. 104A(10A) inserted by No. 23/2008 s. 18. (10A) Subsections (8) to (22) of section 83 of the Constitution Act 1975 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 83 of the Constitution Act 1975. s. 104A S. 104A(11) amended by No. 19/2001 s. 20. (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. 104A(12) inserted by No. 24/2008 s. 29(3). (12) For the purposes of this section, service as a Master before the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an Associate Judge. S. 104A(13) inserted by No. 24/2008 s. 29(3). (13) In this section, former Master means a Master who resigned, retired or died before the commencement of section 29 of the Courts Legislation Amendment (Associate Judges) Act 2008. S. 104A(14) inserted by No. 40/2010 s. 106. (14) For the purposes of subsection (2), the definition of partner as substituted by section 105 of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of an Associate Judge, a former Associate Judge or a former Master only if the death of the Associate Judge, former Associate Judge or former Master occurs on or after the commencement of the substituting section. S. 104AB inserted by No. 63/2013 s. 63. s. 104AB 104AB Effect of part-time service arrangement on pensions of Associate Judges (1) If an Associate Judge has served under a part-time service arrangement, his or her pension under section 104A, and any pension payable in relation to the Associate Judge's partner or eligible
S. 105I inserted by No. 63/2013 s. 24. 105I Constitution of Court in certain circumstances For the avoidance of doubt, for the purpose of completion of any matter whether under section 105H or otherwise, the Court may be constituted or continue to be constituted by a reserve Associate Judge who is an Associate Judge without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement. Pt 7 Div. 1B (Heading) inserted by No. 63/2013 s. 25. Division 1B—Appointments of other officers No. 6387 s. 182. S. 106 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 194). 106 Power to employ chief executive officer, prothonotary etc. s. 105I For the purposes of this Act and to assist in the administration of justice in there are to be employed under Part 3 of the Public Administration Act 2004— S. 106(a) amended by Nos 46/1998 s. 7(Sch. 1), 9/2009 s. 58(1), 1/2014 s. 75. (a) a prothonotary and a registrar of probates and such other employees as are necessary; and S. 106(ab) inserted by No. 24/2008 s. 37. (ab) registrars, deputy registrars and any other employees that are necessary for the effective operation of the Court generally; and S. 106(ac) inserted by No. 78/2008 s. 8. (ac) such costs registrars, deputy costs registrars and other officers as are necessary for the effective operation of the ; and S. 106(b) amended by No. 9/2009 s. 58(2). (b) as many deputy prothonotaries and assistant registrars of probates as are required to assist in the administration of justice.
In relation to sheriff's officers as bailiffs, see section 12 of the Sheriff Act 2009. S. 109(1A) inserted by No. 9/2009 s. 61(1). (1A) A person appointed under subsection (1) need not be an employee in the public service. S. 109(2) amended by No. 37/2014 s. 10(Sch. item 162.2). (2) Without affecting the operation of subsection (1), the police officer who is for the time being in charge of any police station specified for the purposes of this section by Order of the Governor in Council published in the Government Gazette is a bailiff for the purposes of this Act. S. 109(3) amended by No. 37/2014 s. 10(Sch. item 162.2). (3) A bailiff referred to in subsection (2) may from time to time in writing appoint any police officer to assist him or her. S. 109(4) inserted by No. 9/2009 s. 61(2). (4) In this section— sheriff's officer has the same meaning as in the Sheriff Act 2009. Pt 7 Div. 2 (Heading) substituted by No. 24/2008 s. 38. Division 2—Functions of Associate Judges S. 109A inserted by No. 24/2008 s. 39. 109A Chief Justice responsible for business of Associate Judges s. 109 The Chief Justice has responsibility for the administration of the business of the Associate Judges, including the Associate Judge who is the Senior Master, and the orderly and expeditious exercise of their functions and powers. No. 6387 s. 186. S. 110 substituted by No. 24/2008 s. 40. 110 Functions of the Senior Master The Senior Master has the duties, powers and authorities imposed or conferred on him or her by or under this Act or any other Act or the Rules.
S. 112 amended by Nos 109/1994 s. 24, 52/1998 s. 311(Sch. 1 item 88.1) (as amended by No. 101/1998 s. 22(1)(m)), 18/2005 s. 18(Sch. 1 item 103.6), substituted by No. 24/2008 s. 42, amended by Nos 78/2008 s. 7(3)(4), 68/2009 s. 97(Sch. item 116.8), repealed by No. 34/2010 s. 23(2). * * * * * No. 6387 s. 189. 113 Common Funds s. 113 S. 113(1) amended by Nos 52/1998 s. 311(Sch. 1 item 88.2), 30/2004 s. 3(1). (1) Subject to section 66 of the Guardianship and Administration Act 1986 and section 51A of this Act, all money paid into court under an order of the Court or under any Act or the Rules is to be held by the Senior Master. S. 113(2) amended by No. 30/2004 s. 3(2). (2) In addition to Common Fund No. 1 and the other Common Funds established before the commencement of this Act by or under the Supreme Court Act 1958 and Common Fund No. 3 established by section 113A of this Act, there may be established, by and in accordance with the Rules or under subsection (26), more Common Funds, each to be identified by an appropriate distinguishing number. (3) Unless the Senior Master otherwise determines, no money is to be invested in Common Fund No. 1 after the commencement of this Act.
Pt 7 Div. 2B (Heading and ss inserted by No. 34/2010 s. 24. Division 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals S. 113N inserted by No. 34/2010 s. 24. 113N Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals s. 113N The Chief Justice may assign a judicial registrar to the duties of— (a) the Registrar of Court of Appeal and Registrar of Criminal Appeals concurrently; or (b) the Registrar of Court of Appeal; or (c) the Registrar of Criminal Appeals. S. 113O inserted by No. 34/2010 s. 24. 113O Functions of Registrar of the Court of Appeal Subject to section 113C(3), the Registrar of the Court of Appeal is, subject to the general direction and control of the President and to the Rules, responsible for— (a) the preliminary examination of all applications and appeals made to the Court of Appeal, including all applications made to the Court of Appeal under Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 and the Rules; (b) taking any action he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications and appeals to the Court of Appeal;