{"id":"county-court-act-1958","name":"County Court Act 1958","slug":"county-court-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178086,"registerId":"vic-county-court-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3A","sectionType":"section","heading":"Abolition of distinction between court and chambers 16","content":"3A Abolition of distinction between court and chambers 16\n\n","sortOrder":0},{"sectionNumber":"3B","sectionType":"section","heading":"Judge may exercise jurisdiction of court 16","content":"3B Judge may exercise jurisdiction of court 16\n\n3BA Associate judge may exercise jurisdiction of court 16\n\n","sortOrder":1},{"sectionNumber":"3C","sectionType":"section","heading":"Saving provision 17","content":"3C Saving provision 17\n\nPart I—Court judges officers counsel and practitioners 18\n\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of the County Court and sittings 18","content":"Division 1—Establishment of the County Court and sittings 18\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of the County Court 18","content":"4 Establishment of the County Court 18\n\n4AA Establishment of Drug Court Division 19\n\n4AAB Adjournment of proceeding to Drug Court Division 20\n\n4A Establishment of Koori Court Division 21\n\n4B Jurisdiction of Koori Court Division 22\n\n4C Dealing with proceedings for certain offences 22\n\n4D Hearing certain appeals 23\n\n4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court 23\n\n","sortOrder":4},{"sectionNumber":"4E","sectionType":"section","heading":"Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals 24","content":"4E Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals 24\n\n4EA Certain matters may be dealt with by Koori Court Division only in certain venues 25\n\n4F Proceedings may be transferred to and from the Koori Court Division 26\n\n4G Sentencing procedure in Koori Court Division 26\n\n5 Where court to be held 27\n\n5B Construction of references 28\n\n6 Seal of the court 28\n\n6A Court may issue or transmit court documents electronically 29\n\nDivision 2—Time and place for holding court 30\n\n7 Where court held and days of sitting 30\n\nDivision 3—Judges 31\n\n8 Appointment and qualification of judges 31\n\n8AA Resignation by Chief Judge who is dual commission holder 34\n\n8AAB Deputy Chief Judge 34\n\n8AAC Deputy Chief Judge acting as Chief Judge 35\n\n8AAD Duties of Deputy Chief Judge 35\n\n8A Entry into part-time service arrangement 36\n\n8B Variation of part-time service arrangement 36\n\n8C Suspension of part-time service arrangement 37\n\n8D Termination of part-time service arrangement 37\n\n8E Administrative responsibility of Chief Judge 38\n\n9A Protection of judges and associate judges 38\n\n10 Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges 39\n\n12 Appointment of reserve judges 47\n\n12A Cessation of office 47\n\n12B Chief Judge may engage reserve judge to undertake duties of judge of the court 48\n\n12C Powers, jurisdiction, immunities and protection of reserve judge 49\n\n12D Pension rights and service not affected by being a reserve judge 49\n\n12E Engaging in legal practice or other paid employment 49\n\n12F Salary, allowances and other conditions of service of reserve judge 50\n\n12G Appropriation of certain amounts in relation to reserve judges 51\n\n12H Power to complete matters—judges and reserve judges 51\n\n13 Judges not to engage in legal practice or sit in Parliament 54\n\n13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment 54\n\n","sortOrder":5},{"sectionNumber":"14","sectionType":"section","heading":"Provision for pensions to County Court judges and their partners 55","content":"14 Provision for pensions to County Court judges and their partners 55\n\n14AAA Effect of part-time service arrangement on judicial pensions 72\n\n14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge 74\n\n14AB Actuary's first calculation after election of judges to commute pensions 74\n\n14AC Actuary's second calculation after election of the judges to commute pensions and payment of lump sums 76\n\n14AD Election of former judges to commute pensions for payment of superannuation contributions surcharge 77\n\n14AE Actuary's calculation after former judges' election to commute pensions 78\n\n14AF Payment and commutation of pensions of former judges 79\n\n14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 80\n\n14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children 81\n\n14AI Payment and commutation of pensions of former judges' partners and eligible children 82\n\n14A Appointment of judicial members of Liquor Control Commission as judges 83\n\n15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances 83\n\n17 Appointment of judges temporarily or during pleasure valid 84\n\nDivision 3AA—Professional development and training 85\n\n17AAA Professional development and training 85\n\n","sortOrder":6},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Associate judges 86","content":"Division 3A—Associate judges 86\n\n","sortOrder":7},{"sectionNumber":"17A","sectionType":"section","heading":"Associate judges 86","content":"17A Associate judges 86\n\n17ABA Functions of associate judges 87\n\n17AA Salaries, allowances and conditions of service of associate judges 88\n\n","sortOrder":8},{"sectionNumber":"17B","sectionType":"section","heading":"Pension entitlements of associate judges, their partners and children 91","content":"17B Pension entitlements of associate judges, their partners and children 91\n\n17BA Effect of part-time service arrangement on pensions of associate judges 97\n\n17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge 99\n\n17D Actuary's first calculation after election of associate judges to commute pensions 100\n\n17E Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums 102\n\n17F Election of former associate judges to commute pensions for payment of superannuation contributions surcharge 103\n\n17G Actuary's calculation after former associate judges' election to commute pensions 104\n\n17H Payment and commutation of pensions of former associate judges 105\n\n17I Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 106\n\n","sortOrder":9},{"sectionNumber":"17J","sectionType":"section","heading":"Actuary's calculation of reduction of pensions of associate judges' partners and eligible children 107","content":"17J Actuary's calculation of reduction of pensions of associate judges' partners and eligible children 107\n\n","sortOrder":10},{"sectionNumber":"17K","sectionType":"section","heading":"Payment and commutation of pensions of former associate judges' partners and eligible children 108","content":"17K Payment and commutation of pensions of former associate judges' partners and eligible children 108\n\nDivision 3AB—Reserve associate judges 109\n\n17KA Appointment of reserve associate judges 109\n\n17KB Cessation of office 110\n\n17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge 110\n\n17KD Powers, jurisdiction, immunities and protection of reserve associate judge 111\n\n17KE Pension rights and service not affected by being a reserve associate judge 111\n\n17KF Engaging in legal practice or other paid employment 111\n\n17KG Salary, allowances and conditions of service of reserve associate judges 112\n\n17KH Appropriation of certain amounts in relation to reserve associate judges 113\n\n17KI Power to complete matters—associate judges and reserve associate judges 114\n\nDivision 3B—Judicial registrars 116\n\n17L Assignment of duties 116\n\n17M Guidelines relating to the appointment of judicial registrars 116\n\n17N Recommendation for appointment of judicial registrars 117\n\n17O Appointment by Governor in Council 117\n\n17P Remuneration and terms and conditions of appointment 118\n\n17PA Oath or affirmation of office 120\n\n17Q Resignation from office 120\n\n17U Performance of duties by judicial registrar 121\n\n17V Appeal from or review of determination of court constituted by judicial registrar 121\n\nDivision 4—Registrars 122\n\n18 Appointment of registrar and deputy registrars 122\n\n19 Protection of registrars 123\n\n21 Duties of registrar 124\n\n21A Moneys held under Act may be invested 125\n\n22 Power to registrar to administer oaths and affirmations 126\n\nDivision 4A—Aboriginal elders and respected persons 127\n\n22A Appointment of Aboriginal elders or respected persons 127\n\nDivision 5—Bailiffs 128\n\n23 Appointment of bailiffs and assistant bailiffs of County Court 128\n\n24 Bailiff's duty 129\n\nDivision 6—Registrars, bailiffs and other officers 130\n\n25 Penalty on officers for corrupt practices 130\n\n26 Registrar and bailiff to be distinct persons and not to act as legal practitioner 130\n\n27 Registrar and bailiff to give security 131\n\nDivision 7—Court fees 132\n\n28A Exemption from court fees 132\n\nDivision 8—Proceedings against officers 132\n\n29 Proceedings against registrars etc. 132\n\n30 Proceedings against bailiffs etc. 133\n\n32 Protection to bailiffs etc. 134\n\nDivision 9—Legal practitioners—costs 134\n\n33 Fees to legal practitioners to be fixed by the judges 134\n\n34 Power to recover excessive fees 135\n\nPart II—Jurisdiction 136\n\nDivision 1—Sittings of the court 136\n\n35 Court of record 136\n\n36 Proceedings arising outside Victoria 136\n\n36AA Court may determine matter or proceeding without oral hearing 137\n\nDivision 1A—Criminal jurisdiction 138\n\n36A Criminal jurisdiction of County Court 138\n\nDivision 2—Civil jurisdiction 139\n\n37 Extent of jurisdiction 139\n\n39 Whether proceedings within jurisdictional limit 141\n\n39A Agreements by next friend etc. on behalf of infants 142\n\nDivision 2A—Administration of children's funds 145\n\n39B Court orders relating to administration of children's funds 145\n\nDivision 2B—Transfer and payment of money to the Supreme Court for person under disability 147\n\n39C Money held in court for person under disability 147\n\nDivision 3—Officers of the court 148\n\n40 Officers of the court 148\n\nDivision 6—Arbitration, mediation, and reference for inquiry 149\n\n46 Arbitration by agreement 149\n\n47 Arbitration 150\n\n47A Power to refer civil proceedings to mediation or arbitration 151\n\n47B Mediation 151\n\n48 Power to refer matters for inquiry and report 151\n\n48A Assessor 151\n\n48B Opinion of legal practitioner 152\n\n48C Protection of special referees, mediators and arbitrators 152\n\n48CA Protection of assessors 153\n\n48D Interaction with Civil Procedure Act 2010 153\n\nDivision 7—Power to grant relief 153\n\n49 Power of court 153\n\n49A Attachment of earnings 154\n\n49B Execution of instruments by order of court 154\n\n50 Rules of law to apply to County Court 155\n\n51 Counter-claims in County Court and transfers therefrom 155\n\n52 Facts necessary to give jurisdiction need not appear upon any civil proceeding 155\n\n53 Mode of enforcing orders 156\n\nDivision 7A—Appellate jurisdiction 156\n\n53A Appellate jurisdiction of County Court 156\n\nDivision 8—Contempt of court 157\n\n54 Contempt of court 157\n\nDivision 9—Costs where no jurisdiction 158\n\n55 Court may award costs where action or matter is struck out for want of jurisdiction 158\n\nPart V—Trial of civil proceedings 159\n\n65 Trial to be by judge 159\n\n66 Judge may reserve his decision 159\n\n67 Trial may be by judge and jurors if required 160\n\n68 Judge may direct trial by jurors 160\n\n70 Verdict of jurors 161\n\n72 Jury may be had on re-hearing of County Court proceeding in Supreme Court 161\n\nPart VI—Judgment, new trial and appeal 163\n\n73 Judgments to be final 163\n\n74 Appeal to the Court of Appeal 164\n\n75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court 166\n\n76 Court may reserve question for opinion of the Court of Appeal 167\n\n77 Prerogative writ 167\n\nPart VII—Rules, forms, scales of costs, regulations 168\n\n78 Power to make rules of practice 168\n\n78A Costs 176\n\n79A Regulations 177\n\nPart VIII—Miscellaneous 181\n\n80A Publishing particulars of issued summonses an offence 181\n\n82 No privilege to exempt persons from provisions of Act 182\n\n83 Certain actions in Supreme Court to be stayed 182\n\n84 Securities for money, marketable securities etc. seized under warrant 183\n\n86 Transfer of judgment to Supreme Court 184\n\n87 Council of Judges 185\n\n88 Robing of Judges 186\n\n89 Transitional provisions 186\n\n90 Transitional provision—reserve judges 186\n\n91 Transitional provisions—Courts Legislation (Jurisdiction) Act 2006 187\n\n92 Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008 187\n\n93 Transitional provision—County Court Amendment (Koori Court) Act 2008 188\n\n94 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 188\n\n95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 188\n\n96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 189\n\n98 Savings—Open Courts Act 2013 190\n\n99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 190\n\n100 Transitional provision—Justice Legislation Further Amendment Act 2016 191\n\n101 Transitional provision—Justice Legislation Further Amendment Act 2016 191\n\n102 Transitional provisional—Family Violence Protection Amendment Act 2017 192\n\n103 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 192\n\n","sortOrder":11},{"sectionNumber":"104","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020 193","content":"104 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020 193\n\n","sortOrder":12},{"sectionNumber":"105","sectionType":"section","heading":"Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 193","content":"105 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 193\n\nSchedules 194\n\nFirst Schedule 194\n\nEndnotes 195\n\n1 General information 195\n\n2 Table of Amendments 197\n\n3 Explanatory details 216\n\n**Version No.** **184**\n\n**County Court Act 1958**\n\n**No. 6230 of 1958**\n\nVersion incorporating amendments as at  \n\nAn Act to consolidate the Law relating to the County Court.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by Nos 6951 s. 2, 7705 s. 9(a)(i)(ii), 7840 s. 19(a), 8883 s. 4(2)(a)(b), 9019 s. 2(1)(Sch. item 30), 10013 s. 2, 16/1986 s. 16(f).\n\n","sortOrder":13},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\nThis Act may be cited as the **County Court Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n","sortOrder":14},{"sectionNumber":"2","sectionType":"section","heading":"Repeals","content":"\t2 Repeals\n\n(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under either of such Acts immediately before the 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;\n\n(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**.\n\nNo. 6117 s. 3.\n\nS. 3  \namended by No. 19/1989 s. 5(a)(b)(j).\n\n","sortOrder":15},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act, unless the context or subject-matter otherwise requires—\n\nS. 3(1) def. of *Aboriginal elder or respected person* inserted by No. 51/2008 s. 4.\n\n***Aboriginal elder or respected person*** means a person who holds office as an Aboriginal elder or respected person under section 22A;\n\nS. 3(1) def. of *Aborigine* inserted by No. 51/2008 s. 4.\n\n***Aborigine*** means a person who—\n\n(a) is descended from an Aborigine or Torres Strait Islander; and\n\n(b) identifies as an Aborigine or Torres Strait Islander; and\n\n(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;\n\nS. 3(1) def. of *action* amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c).\n\nS. 3(1) def. of *actuary* inserted by No. 19/2001 s. 11.\n\n***actuary*** means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;\n\nS. 3(1) def. of *appropriate dispute resolution* inserted by No. 47/2010 s. 83(b).\n\n***appropriate dispute resolution***  has the same meaning as it has in the **Civil Procedure Act 2010**;\n\nS. 3(1) def. of *associate judge*  \ninserted by No. 24/2008 s. 43(a), amended by No. 63/2013 s. 26(a).\n\n***associate judge*** means a person appointed under section 17A and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI;\n\nS. 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)).\n\nS. 3(1) def. of *Chief Judge* inserted by No. 8625 s. 2(b), amended by Nos 16/1986 s. 11(1)(b), 31/2021 s. 12(a).\n\n***Chief Judge*** means Chief Judge of the County Court and includes an Acting Chief Judge or the Deputy Chief Judge acting as Chief Judge;\n\nS. 3(1) def. of *Chairman* repealed by No. 8625 s. 2(a).\n\nS. 3(1) def. of *counsel* repealed by No. 35/1996  \ns. 453(Sch. 1 item 15.1).\n\n***court*** means the County Court;\n\nS. 3(1) def. of *Deputy Chief Judge* inserted by No. 31/2021 s. 12(c).\n\n***Deputy Chief Judge*** means a person appointed as Deputy Chief Judge under section 8AAB;\n\nS. 3(1) def. of *excluded judicial officer* inserted by No. 63/2013 s. 65, amended by No. 31/2021 s. 12(b).\n\n***excluded judicial officer*** means—\n\n(a) the Chief Judge;\n\n(ab) the Deputy Chief Judge;\n\n(b) the State Coroner;\n\n(c) the President of the Children's Court;\n\nS. 3(1) def. of *family member* inserted by No. 51/2008 s. 4.\n\n***family member*** has the meaning given by section 3AAB;\n\nS. 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).\n\n***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;\n\nS. 3(1) def. of *Judge of the Supreme Court* inserted by No. 3/2016 s. 24.\n\n***Judge*** ***of the*** ***Supreme Court*** means a person referred to in section 75(3)(d) of the **Constitution Act 1975**;\n\nS. 3(1) def. of *judgment* repealed by No. 19/1989 s. 5(c).\n\nS. 3(1) def. of *judicial registrar* inserted by No. 34/2010 s. 28(1).\n\n***judicial registrar*** means a judicial registrar of the County Court appointed under Division 3B of Part I;\n\nS. 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).\n\n***judicial resolution conference*** has the same meaning as it has in the **Civil Procedure Act 2010**;\n\nS. 3(1) def. of *jurisdictional limit*  \ninserted by No. 16/1986 s. 11(2), substituted by Nos 16/1986 s. 12, 64/1990 s. 13, amended by No. 43/1991 s. 39, repealed by No. 50/2006 s. 3(1).\n\nS. 3(1) def. of *Koori Court Division* inserted by No. 51/2008 s. 4.\n\n***Koori Court Division*** means the division of the court established under section 4A;\n\nS. 3(1) def. of *Koori Court officer* inserted by No. 51/2008 s. 4.\n\n***Koori Court officer*** means a person who—\n\n(a) is employed under Part 3 of the **Public Administration Act 2004**; and\n\n(b) exercises powers, or performs functions, in relation to the Koori Court Division of the court;\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), amended by No. 17/2014 s. 160(Sch. 2 item 26.1(b)).\n\n***legal practitioner*** means an Australian legal practitioner;\n\nS. 3(1) def. of *matter* amended by Nos 7705 s. 9(b)(ii), 9007 s. 2(a)(ii), repealed by No. 19/1989 s. 5(c).\n\nS. 3(1) def. of *part-time service arrangement* inserted by No. 63/2013 s. 65.\n\n***part-time service arrangement*** means an arrangement entered under section 8A;\n\nS. 3(1) def. of *party* amended by No. 19/1989 s. 5(d).\n\n***party*** includes a party to a civil proceeding and every person served with notice thereof or attending on the hearing of the same although not named as a party thereto and includes a body politic or corporate;\n\nS. 3(1) def. of *pleading* inserted by No. 10117 s. 5(a), repealed by No. 19/1989 s. 5(e).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 34.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *practitioner* repealed by No. 35/1996  \ns. 453(Sch. 1 item 15.1).\n\nS. 3(1) def. of *proceeding* inserted by No. 19/1989 s. 5(f).\n\n***proceeding*** means any matter in the court;\n\nS. 3(1) def. of *registrar* amended by No. 19/1989 s. 5(g).\n\n***registrar*** means the registrar or a deputy registrar of the County Court;\n\nS. 3(1) def. of *reserve associate judge* inserted by No. 63/2013 s. 26(c).\n\n***reserve associate judge*** means a person appointed under section 17KA;\n\nS. 3(1) def. of *reserve judge* inserted by No. 5/2013 s. 22(2).\n\n***reserve judge*** means a person appointed under section 12;\n\nS. 3(1) def. of *Rules* substituted by No. 19/1989 s. 5(h).\n\n***Rules*** means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise;\n\nS. 3(1) def. of *Secretary  \nto the Department  \nof Health* inserted by No. 29/2010 s. 54(1).\n\n***Secretary to the Department of Health*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health;\n\nS. 3(1) def. of *subordinate instrument* inserted by No. 19/1989 s. 5(i).\n\n***subordinate instrument*** has the same meaning as in section 3 of the **Interpretation of Legislation Act 1984**.\n\nS. 3(1) def. of *super-annuation contributions surcharge* inserted by No. 19/2001 s. 11.\n\n***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;\n\nS. 3(1) def. of *super-annuation contributions surcharge notice* inserted by No. 19/2001 s. 11.\n\n***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;\n\nS. 3(1) def. of *total pension entitlement* inserted by No. 19/2001 s. 11.\n\n***total pension entitlement*** means, on a particular day, the current value of all future pension payments on that day.\n\nS. 3(2) inserted by No. 19/1989 s. 5(j).\n\n(2) In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.\n\nS. 3(3) inserted by No. 19/1989 s. 5(j).\n\n(3) If by this or any other Act or enactment or by any subordinate instrument or other instrument a procedure is prescribed for or in relation to any proceeding in the court or for or in relation to any step or process in such a proceeding and the County Court Rules of Procedure in Civil Proceedings 1989 prescribe a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by those Rules applies despite the provisions of that Act, enactment, subordinate instrument or other instrument.\n\nS. 3(4) inserted by No. 19/1989 s. 5(j).\n\n(4) A proceeding to which the County Court Rules of Procedure in Civil Proceedings 1989 apply must, despite anything in any Act or enactment, be commenced and conducted in accordance with those Rules and not otherwise.\n\nS. 3(5) inserted by No. 19/1989 s. 5(j).\n\n(5) A judgment in any civil proceeding must be enforced in accordance with the County Court Rules of Procedure in Civil Proceedings 1989 and not otherwise.\n\nS. 3AA inserted by No. 23/2008 s. 9.\n\n\t3AA Definitions relating to pensions\n\nS. 3AA(1) amended by No. 63/2013 s. 66.\n\n(1) For the purposes of section 14 and section 14AAA—\n\n***approved deposit fund*** has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\n\nS. 3AA(1) def. of *domestic partner* substituted by No. 23/2008 s. 23(1), amended by No. 4/2009 s. 37(Sch. 1 item 8.1).\n\n***domestic partner*** of a person means—\n\n(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or\n\n(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);\n\n***eligible rollover fund*** means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\n\n***eligible superannuation*** ***plan*** means—\n\n(a) a regulated superannuation fund; or\n\n(b) an approved deposit fund; or\n\n(c) an exempt public sector superannuation scheme; or\n\n(d) an RSA;\n\n***exempt public sector superannuation scheme*** means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\n\n***flag lifting agreement*** has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;\n\n***flagging order*** means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;\n\n***interest*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;\n\n***member*** means a judge;\n\n***member spouse***, in relation to a superannuation interest, means the spouse who has the superannuation interest;\n\n***non-member spouse***, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;\n\n*partner* substituted by No. 40/2010 s. 107.\n\n***partner*** of a person means the person's spouse or domestic partner;\n\n***payment flag*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;\n\n***regulated superannuation fund*** means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\n\n***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;\n\n***reversionary interest*** has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;\n\n***RSA*** means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;\n\n***specified period*** means the period which is specified to be the specified period in the specified standards;\n\n***splitting order*** means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;\n\n*spouse* amended by No. 38/2009 s. 20(1)(a).\n\n***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;\n\n*super-annuation agreement* amended by No. 38/2009 s. 20(1)(b).\n\n***superannuation agreement*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;\n\n***superannuation fund*** has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\n\n***superannuation interest*** means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;\n\n***unsplittable interest*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;\n\n***value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest*** means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;\n\n***value of the member spouse's interest in the Fund*** means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.\n\nS. 3AA(1A) inserted by No. 38/2009 s. 20(2), amended by No. 38/2017 s. 79(1).\n\n(1A) For the purposes of sections 14(7) to 14(21), ***spouse*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth.\n\nS. 3AA(2) substituted by No. 23/2008 s. 23(2).\n\n(2) For the  purposes of the definition of ***domestic partner*** in subsection  (1)—\n\nS. 3AA(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 8.2(a)).\n\n(a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\nS. 3AA(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 8.2(b)).\n\n(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\n(3) For the purposes of section 14, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.\n\nS. 3AAB inserted by No. 51/2008 s. 5.\n\n\t3AAB Meaning of family member for purposes of Koori Court Division\n\n(1) In sections 4A and 4G, ***family member*** of a person means—\n\n(a) the spouse or domestic partner of the person; or\n\n(b) a person who has, or has had, an intimate personal relationship with the person; or\n\n(c) a person who is, or has been, a relative of the person; or\n\n(d) a child who normally or regularly resides with the person; or\n\n(e) a child of whom the person is a guardian; or\n\n(f) another person who is, or has been, ordinarily a member of the household of the person.\n\n(2) For the purposes of the definition of ***family member*** in subsection (1)—\n\nS. 3AAB(2)(a) substituted by No. 51/2008 s. 10(1).\n\n(a) ***domestic partner*** of a person means—\n\n(i) a person who is in a registered relationship with the person; or\n\n(ii) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—\n\n(A) for fee or reward; or\n\n(B) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\n(b) ***parent*** of a child includes a guardian of the child or a person with whom the child normally or regularly resides;\n\n(c) ***relative*** of a person means—\n\n(i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or\n\n(ii) a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or\n\n(iii) a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person; or\n\n(iv) an uncle, aunt, uncle-in-law or aunt-in-law of the person; or\n\n(v) a nephew or niece of the person; or\n\n(vi) a cousin of the person—\n\nand includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;\n\n(d) ***spouse*** of a person means a person to whom the person is, or was, married.\n\nS. 3AAB(3) substituted by No. 51/2008 s. 10(2).\n\n(3) For the purposes of the definition of ***domestic partner*** in subsection (2)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and\n\n(c) a person is not a domestic partner of another person only because they are co-tenants.\n\nS. 3A  \n\n\t3A Abolition of distinction between court and chambers\n\nThe distinction between court and chambers is abolished.\n\nS. 3B  \n\n\t3B Judge may exercise jurisdiction of court\n\nAny judge of the court may exercise at any time and place all the jurisdiction vested in the court.\n\nS. 3BA inserted by No. 24/2008 s. 44.\n\n\t3BA Associate judge may exercise jurisdiction of court\n\nSubject to this Act, any other Act and the Rules an associate judge may exercise at any time and place all the jurisdiction vested in the court.\n\nS. 3C  \n\n\t3C Saving provision\n\nThe amendments made to this or any other Act by the **County Court (Amendment) Act 1989** do not affect any ministerial power exercisable by a judge of the court under this or that other Act.\n\nPart I—Court judges officers counsel and practitioners\n\nPt 1 Div. 1 (Heading) amended by No. 19/1989 s. 7(a).\n\nDivision 1—Establishment of the County Court and sittings\n\nNo. 6117 s. 4.\n\n\t4 Establishment of the County Court\n\nS. 4(1) amended by No. 7705 s. 2, substituted by No. 16/1986 s. 11(3), amended by No. 19/1989 s. 7(b).\n\n(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.\n\nS. 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).\n\n(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.\n\nS. 4(1B) inserted by No. 16/1986 s. 11(3), amended by No. 24/2008 s. 45(2).\n\n(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.\n\nS. 4(1C) inserted by No. 16/1986 s. 11(3), repealed by No. 19/1989 s. 7(d), new s. 4(1C) inserted by No. 34/2010 s. 29(2).\n\n(1C) Without limiting subsection (1B), the court may be constituted by a judicial registrar in the case of a proceeding for which provision is made by Rules for—\n\n(a) the court to be so constituted; and\n\n(b) the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding.\n\nS. 4(2) amended by No. 7522 s. 3(1)(a), substituted by No. 19/1989 s. 7(e).\n\n(2) Subject to the Rules, the court may sit and act at any time and place.\n\nS. 4(3) inserted by No. 7522 s. 3(1)(b), repealed by No. 19/1989 s. 7(e).\n\nS. 4AA inserted by No. 43/2020 s. 3.\n\n\t4AA Establishment of Drug Court Division\n\n(1) The court has a Drug Court Division.\n\n(2) The Drug Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.\n\n(3) Despite section 4(1B), the Drug Court Division shall only be constituted by a judge who has been assigned to that Division by the Chief Judge by notice published in the Government Gazette.\n\n(4) Nothing in subsection (3) prevents the Drug Court Division being held by and before an associate judge in accordance with section 4(1B).\n\n(5) Nothing in subsection (3) prevents the Drug Court Division being constituted by a judicial registrar in accordance with section 4(1C).\n\n(6) The operation of sections 3B and 3BA is subject to this section.\n\n(7) Despite anything to the contrary in this Act, the Drug Court Division may only sit and act at a venue of the court specified by the Chief Judge by notice published in the Government Gazette.\n\n(8) The Drug Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the **Sentencing Act 1991** and the proper consideration of the matters before the court permit.\n\nS. 4AAB inserted by No. 43/2020 s. 3.\n\n\t4AAB Adjournment of proceeding to Drug Court Division\n\n(1) The court, at any time before taking a formal plea from the accused in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if—\n\n(a) it appears to the court that the accused might be eligible for a drug and alcohol treatment order if convicted of the offence by the Drug Court Division; and\n\n(b) the usual place of residence of the accused (if the accused has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and\n\n(c) the accused consents to the court doing so.\n\n(2) Despite subsection (1), the court must not adjourn to the Drug Court Division an appeal under Part 6.1 of the **Criminal Procedure Act 2009**.\n\nS. 4AAB(3) amended by No. 12/2024 s. 62.\n\n(3) Despite subsection (1), the court must not adjourn a proceeding to the Drug Court Division after the fifth anniversary of the commencement of section 3 of the **Justice Legislation Amendment (Drug Court and Other Matters) Act 2020**.\n\nS. 4A inserted by No. 51/2008 s. 6.\n\n","sortOrder":16},{"sectionNumber":"4A","sectionType":"section","heading":"Establishment of Koori Court Division","content":"\t4A Establishment of Koori Court Division\n\n(1) The court has a Koori Court Division.\n\n(2) The Koori Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.\n\n(3) Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a place of the court specified by the Chief Judge by notice published in the Government Gazette.\n\nS. 4A(4) amended by No. 51/2008 s. 10(3).\n\n(4) The operation of sections 3B and 3BA is subject to this section.\n\n(5) The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the **Sentencing Act 1991** and the proper consideration of the matters before the court permit.\n\n(6) The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—\n\nS. 4A(6)(a) amended by No. 68/2009 s. 97(Sch. item 35.1).\n\n(a) the accused; and\n\nS. 4A(6)(b) amended by No. 68/2009 s. 97(Sch. item 35.1).\n\n(b) a family member of the accused; and\n\n(c) any member of the Aboriginal community who is present in court.\n\n(7) Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.\n\nS. 4B inserted by No. 51/2008 s. 6.\n\n","sortOrder":17},{"sectionNumber":"4B","sectionType":"section","heading":"Jurisdiction of Koori Court Division","content":"\t4B Jurisdiction of Koori Court Division\n\nThe Koori Court Division has—\n\n(a) jurisdiction to deal with a proceeding for an offence given to it by section 4C; and\n\nS. 4B(b) amended by Nos 68/2009 s. 97(Sch. item 35.2), 26/2012 s. 13(1).\n\n(b) jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4DA; and\n\nS. 4B(ba) inserted by No. 26/2012 s. 13(2).\n\n(ba) jurisdiction to deal with a contravention of a sentence imposed by the County Court (including any offence constituted by such a contravention), or a variation of such a sentence, in the circumstances set out in section 4DA; and\n\n(c) jurisdiction to hear (in accordance with the rules) an appeal given to it by section 4D; and\n\n(d) any other jurisdiction given to it by or under this or any other Act or the rules.\n\nS. 4C inserted by No. 51/2008 s. 6, amended by Nos 68/2009 s. 97(Sch. item 35.3), 26/2012 s. 14.\n\n","sortOrder":18},{"sectionNumber":"4C","sectionType":"section","heading":"Dealing with proceedings for certain offences","content":"\t4C Dealing with proceedings for certain offences\n\nThe Koori Court Division has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) in the circumstances set out in section 4E.\n\nS. 4D inserted by No. 51/2008 s. 6.\n\n","sortOrder":19},{"sectionNumber":"4D","sectionType":"section","heading":"Hearing certain appeals","content":"\t4D Hearing certain appeals\n\nS. 4D(1) amended by No. 68/2009 s. 97(Sch. item 35.4).\n\n(1) The Koori Court Division has jurisdiction to hear an appeal under section 254 or 257 of the **Criminal Procedure Act 2009** in the circumstances set out in section 4E if the appeal is against the sentence imposed by—\n\n(a) the Koori Court Division of the Magistrates' Court; or\n\n(b) the Magistrates' Court other than the Koori Court Division of that court.\n\nS. 4D(2) amended by No. 68/2009 s. 97(Sch. item 35.5).\n\n(2) An appeal to the Koori Court Division under section 254 or 257 of the **Criminal Procedure Act 2009** must be conducted as a re-hearing and is limited to an appeal against the sentence imposed.\n\nS. 4D(3) amended by No. 68/2009 s. 97(Sch. item 35.6).\n\n(3) Sections 256(1) and 259(1) of the **Criminal Procedure Act 2009** do not apply to an appeal to the Koori Court Division.\n\nS. 4DA inserted by No. 26/2012 s. 15.\n\n\t4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court\n\nFor the purposes of sections 4B(b) and (ba), the circumstances are—\n\n(a) the accused is Aboriginal; and\n\n(b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than—\n\nS. 4DA(b)(i) amended by No. 19/2017 s. 46(1).\n\n(i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and\n\nS. 4DA(b)(ii) repealed by No. 19/2017 s. 46(2).\n\n(c) in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and\n\n(d) the accused consents to the proceeding being dealt with by the Koori Court Division; and\n\n(e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.\n\nS. 4E inserted by No. 51/2008 s. 6.\n\n\t4E Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals\n\nFor the purposes of sections 4C and 4D, the circumstances are—\n\nS. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7).\n\n(a) the accused is Aboriginal; and\n\n(b) the offence is within the jurisdiction of the County Court, other than—\n\nS. 4E(b)(i) amended by No. 19/2017 s. 47(1).\n\n(i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and\n\nS. 4E(b)(ii) substituted by No. 51/2008 s. 10(4), repealed by No. 19/2017 s. 47(2).\n\nS. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7).\n\n(c) the accused pleads guilty to the offence; and\n\nS. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7).\n\n(d) the accused consents to the proceeding being dealt with by the Koori Court Division; and\n\n(e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.\n\nS. 4EA inserted by No. 19/2017 s. 48.\n\n\t4EA Certain matters may be dealt with by Koori Court Division only in certain venues\n\n(1) The Chief Judge may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise—\n\n(a) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to—\n\n(i) a contravention of a family violence intervention order or a family violence safety notice under the **Family Violence Protection Act 2008**; or\n\n(ii) an offence arising out of the same conduct as that from which the contravention arose; and\n\n(b) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (a); and\n\n(c) the jurisdiction conferred on the Koori Court Division by section 4C or 4D in relation to a matter referred to in paragraph (a)(i) or (ii).\n\n(2) The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection.\n\nS. 4F inserted by No. 51/2008 s. 6.\n\n","sortOrder":20},{"sectionNumber":"4F","sectionType":"section","heading":"Proceedings may be transferred to and from the Koori Court Division","content":"\t4F Proceedings may be transferred to and from the Koori Court Division\n\nSubject to, and in accordance with the rules—\n\n(a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and\n\n(b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the court, sitting other than as the Koori Court Division, at the same or a different venue.\n\nS. 4G inserted by No. 51/2008 s. 6.\n\n","sortOrder":21},{"sectionNumber":"4G","sectionType":"section","heading":"Sentencing procedure in Koori Court Division","content":"\t4G Sentencing procedure in Koori Court Division\n\nS. 4G(1) amended by No. 68/2009 s. 97(Sch. item 35.8).\n\n(1) This section applies to the Koori Court Division when it is considering the sentence to impose on an offender.\n\n(2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.\n\n(3) The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—\n\n(a) a Koori Court officer; or\n\n(b) a community corrections officer appointed under Part 4 of the **Corrections Act 1986**; or\n\n(c) a health service provider; or\n\n(d) a victim of the offence; or\n\nS. 4G(3)(e) amended by No. 68/2009 s. 97(Sch. item 35.9).\n\n(e) a family member of the offender; or\n\n(f) anyone else whom the Koori Court Division considers appropriate.\n\n(4) Nothing in this section affects the requirement to observe the rules of natural justice.\n\n(5) This section does not limit—\n\n(a) any other power conferred on the court by or under this or any other Act or the rules; or\n\n(b) any other specific provision made by or under this or any other Act or the rules for the making of any report, statement or submission, or the giving of any evidence, to the court for the purpose of assisting it in determining sentence.\n\nS. 4G(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 12.1).\n\n(6) To avoid doubt, Part 3.10 of the **Evidence Act 2008** does not apply to the Koori Court Division in considering the sentence to impose on an offender under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the **Evidence Act 2008**, that that Act applies.\n\nNo. 6117 s. 5.\n\nS. 5  \namended by Nos 7522 s. 3(2), 7705 s. 9(c), substituted by No. 19/1989 s. 7(f).\n\n","sortOrder":22},{"sectionNumber":"5","sectionType":"section","heading":"Where court to be held","content":"\t5 Where court to be held\n\n(1) The court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs.\n\n(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.\n\nS. 5A  \ninserted by No. 7705 s. 3, repealed by No. 19/1989 s. 7(g).\n\nS. 5B  \ninserted by No. 7705 s. 3.\n\n","sortOrder":23},{"sectionNumber":"5B","sectionType":"section","heading":"Construction of references","content":"\t5B Construction of references\n\n(1) Any reference in any Act or in any proclamation regulation rule or by-law to a \"court of general sessions\" or to a \"court of general sessions of the peace\" shall after the commencement of the **County Court (Jurisdiction) Act 1968** be read and construed as a reference to the County Court and any reference to a \"chairman of general sessions\" shall be read and construed as a reference to a judge of the County Court.\n\n(2) Any reference in any summons, application, notice, recognizance, judgment, order, determination, decision, direction, or other instrument to a \"court of general sessions\" or \"court of general sessions of the peace\" shall after the commencement of the **County Court (Jurisdiction) Act 1968** be read and construed as a reference to the County Court and any reference to a \"chairman of general sessions\" shall be read and construed as a reference to a judge of the County Court.\n\nNo. 6117 s. 6.\n\n","sortOrder":24},{"sectionNumber":"6","sectionType":"section","heading":"Seal of the court","content":"\t6 Seal of the court\n\nAt every place at which the court is held under this Act there shall be a seal of the court, and all summonses and other process issuing out of the court shall be sealed or stamped with the seal of the court. The seal of any county court in use at any place before the commencement of the **County Court Act 1957** may be continued in use as the seal of the court at that place under this Act.\n\nS. 6A inserted by No. 33/2018 s. 59.\n\n","sortOrder":25},{"sectionNumber":"6A","sectionType":"section","heading":"Court may issue or transmit court documents electronically","content":"\t6A Court may issue or transmit court documents electronically\n\n(1) Any order, judgment or other document that the court, a judge, an associate judge, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication.\n\n(2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication.\n\nIf an Act or other law requires or permits the court to sign or seal a document, the court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand.\n\n(3) Nothing in this section—\n\n(a) limits the court, a judge, an associate judge, a judicial registrar or a registrar from issuing or providing any order, judgment or other document in paper form; or\n\n(b) affects or limits any practice, procedure or Rules that provide for electronic processes in the court; or\n\n(c) affects or limits the power to make Rules; or\n\n(d) limits any other power of the court, a judge, an associate judge, a judicial registrar or a registrar.\n\n","sortOrder":26},{"sectionNumber":"Div 2","sectionType":"division","heading":"Time and place for holding court","content":"Division 2—Time and place for holding court\n\nNo. 6117 s. 7.\n\nS. 7  \n(Heading) inserted by No. 24/2008 s. 46(1).\n\n","sortOrder":27},{"sectionNumber":"7","sectionType":"section","heading":"Where court held and days of sitting","content":"\t7 Where court held and days of sitting\n\nS. 7(1) amended by Nos 8625 s. 3, 24/2008 s. 46(2).\n\n(1) At each place at which the Governor in Council directs that the court be held a judge or, subject to the Rules, an associate judge shall attend and hold the court on such days and at such time as the Chief Judge from time to time appoints.\n\nS. 7(2) substituted by No. 7705 s. 4(a).\n\n(2) Notice of the days on which the court will commence sitting at each such place shall be published in the Government Gazette.\n\nS. 7(3) amended by Nos 7705 s. 4(b), 8625 s. 3.\n\n(3) The Chief Judge may from time to time alter the days and times for the holding of the court at any place, and when any day so appointed is altered, notice of the intended alteration and of the time when it will take effect shall be published in the Government Gazette.\n\nS. 7(4) amended by Nos 20/2004 s. 13, 24/2008 s. 46(3), 68/2009 s. 97(Sch. item 35.10), 33/2018 s. 60.\n\n(4) If a judge or an associate judge, as the case requires does not arrive at the court house before one o'clock in the afternoon of any day upon which the holding of the court has been fixed the registrar may open the court and adjourn the same to the following day or to such other day as he is directed by a judge or an associate judge, as the case requires either by signed order or by other electronic communication and extend the bail of a person attending on that day in relation to a criminal proceeding in respect of which the person has been granted bail to the day to which the court is adjourned.\n\n","sortOrder":28},{"sectionNumber":"Div 3","sectionType":"division","heading":"Judges","content":"Division 3—Judges\n\nNo. 6117 s. 8.\n\n","sortOrder":29},{"sectionNumber":"8","sectionType":"section","heading":"Appointment and qualification of judges","content":"\t8 Appointment and qualification of judges\n\nS. 8(1) amended by Nos 8625 s. 4(a)(i)–(iii), 64/1996  \ns. 13(1), 31/2004 s. 10(1), 3/2016 s. 25(1).\n\n(1) Subject to subsection (1B), the Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead[[1]](#endnote-2).\n\nS. 8(1A) inserted by No. 31/2004 s. 10(2).\n\n(1A) A person is not eligible for appointment as Chief Judge or a judge unless the person—\n\n(a) is or has been a judge or magistrate of—\n\n(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or\n\n(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or\n\nS. 8(1A)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 25.2).\n\n(b) is an Australian lawyer of at least 5 years' standing.\n\nS. 8(1B) inserted by No. 3/2016 s. 25(2).\n\n(1B) Without limiting subsection (1) or (1A), the Chief Judge, when appointed under subsection (1) must—\n\n(a) already be a Judge of the Supreme Court; or\n\n(b) be simultaneously appointed as Chief Judge under subsection (1) and appointed under section 75B of the **Constitution Act 1975** as a Judge of the Supreme Court.\n\nS. 8(2) amended by No. 6429  \ns. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10.\n\n(2) When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office—\n\n(a) the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and\n\nNote to s. 8(2)(a) inserted by No. 31/2021 s. 13(1).\n\nSection 8AAC(1) also provides for the Deputy Chief Judge to act as the Chief Judge if the Governor in Council has not appointed an Acting Chief Judge and the Chief Judge has nominated or authorised the Deputy Chief Judge to act as Chief Judge.\n\nS. 8(2)(b) substituted by No. 64/1996  \ns. 13(2).\n\n(b) a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has.\n\nS. 8(2A) inserted by No. 64/1996  \ns. 13(3), substituted by No. 31/2021 s. 13(2).\n\n(2A) If there is a vacancy in the office of the Chief Judge—\n\n(a) the Deputy Chief Judge is to act as Chief Judge; or\n\n(b) if the Deputy Chief Judge is unable to act as Chief Judge, the senior of the judges willing to act as Chief Judge is to act as Chief Judge.\n\nS. 8(2B) inserted by No. 64/1996  \ns. 13(3).\n\n(2B) If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn.\n\nS. 8(2C) inserted by No. 5/2013 s. 23.\n\n(2C) A reserve judge must not—\n\n(a) be appointed as Chief Judge;\n\n(b) be appointed as Acting Chief Judge;\n\nS. 8(2C)(c) amended by No. 31/2021 s. 13(3)(a).\n\n(c) act as Chief Judge;\n\nS. 8(2C)(d) inserted by No. 31/2021 s. 13(3)(b).\n\n(d) be appointed as Deputy Chief Judge.\n\nS. 8(3) amended by No. 16/1986 s. 8(a).\n\n(3) No person who has attained the age of 70 years shall be appointed to be a judge under this Act.\n\n(4) Any reference to a judge of county courts in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to a judge of the County Court.\n\nS. 8(5) repealed by No. 8625 s. 4(b).\n\nS. 8(6) amended by No. 8625 s. 4(c)(i)(ii).\n\n(6) Any reference to the senior judge of county courts or of any county court or the chairman of judges of the County Court or any reference of like import to those references (however expressed) in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to the Chief Judge of the court.\n\nS. 8AA inserted by No. 3/2016 s. 26.\n\n\t8AA Resignation by Chief Judge who is dual commission holder\n\nThe Chief Judge who is a dual commission holder may—\n\n(a) resign simultaneously from both the office of Chief Judge under this Act and the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975**; or\n\n(b) resign from the office of Chief Judge under this Act and continue in office as a Judge of the Supreme Court; or\n\n(c) resign from the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975** and continue in office as Chief Judge without being a dual commission holder.\n\nS. 8AAB inserted by No. 31/2021 s. 14.\n\n\t8AAB Deputy Chief Judge\n\n(1) The Governor in Council, on the recommendation of the Attorney-General made after consultation with the Chief Judge, may appoint a person to the office of Deputy Chief Judge.\n\n(2) Without limiting subsection (1), the Deputy Chief Judge, when appointed under subsection (1), must already be a judge.\n\n(3) Subject to this Act, the Deputy Chief Judge holds office—\n\n(a) for the term (not exceeding 5 years) that is specified in the Deputy Chief Judge's instrument of appointment and is eligible for re-appointment; and\n\n(b) on any other terms and conditions that are specified in the instrument of appointment.\n\nS. 8AAC inserted by No. 31/2021 s. 14.\n\n\t8AAC Deputy Chief Judge acting as Chief Judge\n\n(1) The Deputy Chief Judge is to act as Chief Judge during any period that the Chief Judge is absent on leave or for any reason temporarily unable to perform the duties of Chief Judge if—\n\n(a) the Deputy Chief Judge is nominated or authorised to do so by the Chief Judge; and\n\n(b) the Governor in Council has not appointed an Acting Chief Judge under section 8(2)(a).\n\n(2) The Deputy Chief Judge, during the period of acting as Chief Judge—\n\n(a) has the same powers and jurisdiction as the Chief Judge; and\n\n(b) if the period of acting extends for a continuous period of more than 1 week, is entitled to be paid for the entire period at the rate for the time being applicable for the Chief Judge under the **Judicial Entitlements Act 2015**.\n\n(3) The Deputy Chief Judge may not act under subsection (1) as Chief Judge for a term exceeding 3 months, unless the Governor in Council authorises a longer term on the recommendation of the Attorney-General, made after consultation with the Chief Judge.\n\nS. 8AAD inserted by No. 31/2021 s. 14.\n\n\t8AAD Duties of Deputy Chief Judge\n\n(1) The Deputy Chief Judge continues to perform the duties of a judge.\n\n(2) The Chief Judge may assign  duties to the Deputy Chief Judge relating to the Chief Judge's responsibilities under section 8E.\n\n(3) The Deputy Chief Judge must carry out the duties from time to time assigned by the Chief Judge under subsection (2).\n\nS. 8A inserted by No. 63/2013 s. 67.\n\n","sortOrder":30},{"sectionNumber":"8A","sectionType":"section","heading":"Entry into part-time service arrangement","content":"\t8A Entry into part-time service arrangement\n\n(1) A judge or an associate judge, other than an excluded judicial officer, may enter into an arrangement with the Chief Judge to carry out the duties of judge, or associate judge, on a part-time basis.\n\n(2) A part-time service arrangement—\n\n(a) must be in writing;\n\n(b) must specify the proportion of full-time duties to be worked by the judge or associate judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties;\n\n(c) may specify an expiry date, but is not required to do so.\n\n(3) The Chief Judge may have regard to the following factors in considering whether to enter into a part-time service arrangement—\n\n(a) the operational needs of the court;\n\n(b) the personal and professional circumstances of the judge or the associate judge;\n\n(c) parity and equity with other judges or other associate judges;\n\n(d) any other relevant consideration.\n\n(4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement.\n\nS. 8B inserted by No. 63/2013 s. 67.\n\n","sortOrder":31},{"sectionNumber":"8B","sectionType":"section","heading":"Variation of part-time service arrangement","content":"\t8B Variation of part-time service arrangement\n\n(1) A part-time service arrangement may be varied by agreement between the judge or the associate judge to whom the arrangement applies and the Chief Judge.\n\n(2) A variation of a part-time service arrangement—\n\n(a) must be in writing;\n\n(b) must specify the proportion of full-time duties to be worked by the judge or the associate judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.\n\n(3) The Chief Judge may have regard to the factors referred to in section 8A(3) in considering whether to vary a part-time service arrangement.\n\n(4) A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part-time service arrangement.\n\nS. 8C inserted by No. 63/2013 s. 67.\n\n","sortOrder":32},{"sectionNumber":"8C","sectionType":"section","heading":"Suspension of part-time service arrangement","content":"\t8C Suspension of part-time service arrangement\n\n(1) A part-time service arrangement is suspended if the judge to whom the part-time service arrangement applies is appointed as any one of the following—\n\n(a) Acting Chief Judge;\n\n(b) Acting State Coroner;\n\n(c) Acting President of the Children's Court;\n\n(d) Acting President of VCAT.\n\n(2) A suspension under subsection (1) is for the period of the acting appointment.\n\nS. 8D inserted by No. 63/2013 s. 67.\n\n","sortOrder":33},{"sectionNumber":"8D","sectionType":"section","heading":"Termination of part-time service arrangement","content":"\t8D Termination of part-time service arrangement\n\n(1) A part-time service arrangement is terminated if the judge to whom the part-time service arrangement applies is appointed as any one of the following—\n\n(a) Chief Judge;\n\nS. 8D(1)(ab) inserted by No. 31/2021 s. 15.\n\n(ab) Deputy Chief Judge;\n\n(b) State Coroner;\n\n(c) President of the Children's Court.\n\n(2) A part-time service arrangement may be terminated by agreement between the judge, or the associate judge, to whom the arrangement applies and the Chief Judge.\n\nS. 8E inserted by No. 16/2016 s. 191.\n\n","sortOrder":34},{"sectionNumber":"8E","sectionType":"section","heading":"Administrative responsibility of Chief Judge","content":"\t8E Administrative responsibility of Chief Judge\n\n(1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.\n\n(2) The Chief Judge has the power to do all things necessary or convenient to be done to perform the Chief Judge's responsibilities under subsection (1).\n\n(3) Nothing in this section limits the responsibilities, functions or powers of the Chief Judge under this Act or any other Act.\n\nS. 9 amended by No. 16/1986 s. 16(a), repealed by No. 16/2005 s. 7(1).\n\nS. 9A (Heading) inserted by No. 24/2008 s. 47(1).\n\nS. 9A  \ninserted by No. 19/1989 s. 7(h), amended by No. 24/2008 s. 47(2) (ILA s. 39B(1)).\n\n","sortOrder":35},{"sectionNumber":"9A","sectionType":"section","heading":"Protection of judges and associate judges","content":"\t9A Protection of judges and associate judges\n\n(1) A judge has in the performance of his or her duties as a judge the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge.\n\nS. 9A(2) inserted by No. 24/2008 s. 47(2).\n\n(2) 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 Supreme Court has in the performance of his or her duties as a Judge.\n\nS. 10 (Heading) inserted by No. 29/2015  \ns. 80(1), amended by No. 31/2021 s. 16(1).\n\nS. 10 amended by Nos 6470  \ns. 3 (as amended by No. 6489 s. 4(Sch. item 26(b))), 6621 s. 3(a)(b),  \n6891 s. 3, 7055 ss 3, 6, 7346 s. 3(a)(b), 7581 s. 3, 7940 s. 3(a)(b), 8183 s. 3(a), 8481 s. 3(a)(i)(ii)(b), 8625  \ns. 5(a)(b), 8680  \ns. 3(a)(i)(ii)(b) (i)(ii), 8853 s. 3(a)(b), 9063 s. 3(a)(b), 9176 s. 3(a)(b), 9293 s. 3(a)(b), substituted by No. 9468 s. 3(a), amended by No. 9813 ss 4(a)(b), 5.\n\n","sortOrder":36},{"sectionNumber":"10","sectionType":"section","heading":"Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges","content":"\t10 Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges\n\nS. 10(1) amended by Nos 9813 s. 4(a), 4/1987 s. 4(1)(a)  \n(i)–(iv), 64/1990 s. 20(Sch. item 2.1(a)), 22/1995 s. 21(1)(a)(b), 4/2002 s. 12(3)(a), 38/2004 s. 13(1), 29/2015 s. 80(2)(a).\n\n(1) The Chief Judge shall be paid a salary at the rate for the time being applicable under the **Judicial Entitlements Act 2015**.\n\nS. 10(1A) inserted by No. 3/2016 s. 27(1).\n\n(1A) The Chief Judge who is a dual commission holder—\n\n(a) is entitled to the salary referred to in subsection (1) and the allowances and other conditions of service referred to in subsection (3); and\n\n(b) is not entitled to receive any salary, allowances or other conditions of service as a Judge of the Supreme Court during the period of being a dual commission holder.\n\nS. 10(1B) inserted by No. 31/2021 s. 16(2).\n\n(1B) Subject to section 8AAC(2), the Deputy Chief Judge is entitled to be paid a salary at the rate for the time being applicable under the **Judicial Entitlements Act 2015**.\n\nS. 10(2) amended by Nos 9813 s. 4(b), 4/1987 s. 4(1)(b)  \n(i)–(iv), 64/1990 s. 20(Sch. item 2.1(b)), 22/1995 s. 21(2)(a)(b), 4/2002 s. 12(3)(a), 38/2004 s. 13(2), 63/2013 s. 68(1), 29/2015 s. 80(2)(b), 31/2021 s. 16(3).\n\n(2) Each judge other than the Chief Judge or the Deputy Chief Judge shall be paid a salary at the rate for the time being applicable under the **Judicial Entitlements Act 2015**.\n\nS. 10(2A) inserted by No. 63/2013 s. 68(2), repealed by No. 29/2015 s. 80(2)(c).\n\nS. 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)  \n(i)–(iv)), substituted by No. 22/1995  \ns. 21(3), amended by No. 4/2002 s. 12(3)(b), substituted by Nos 38/2004 s. 13(3), 29/2015 s. 80(3).\n\n(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**.\n\nS. 10(3A) inserted by No. 3/2016 s. 27(2).\n\n(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.\n\nS. 10(3B) inserted by No. 3/2016 s. 27(2), amended by No. 1/2022 s. 36(a).\n\n(3B) Despite sections (2) and (3), the Chief Magistrate who has been a dual commission holder as a judge of the County Court—\n\nS. 10(3B)(a) amended by No. 1/2022 s. 36(b).\n\n(a) is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate who has been a dual commission holder as a judge of the County Court under section 10 of, and Schedule 1 to, the **Magistrates' Court Act 1989**; and\n\n(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.\n\nS. 10(4) substituted by Nos 9813 s. 5, 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(d)  \n(i)–(viii)), repealed by No. 22/1995  \ns. 21(4)(a), new s. 10(4) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).\n\nS. 10(4A) inserted by No. 9813 s. 5, repealed by No. 4/1987 s. 4(1)(c).\n\nS. 10(5) substituted by No. 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch.  \nitem 2.1(e)), repealed by No. 22/1995  \ns. 21(4)(a), new s. 10(5) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).\n\nS. 10(5A) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).\n\nS. 10(6) amended by Nos 9549 s. 2(1)(Sch. item 49), substituted by No. 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch.  \nitem 2.1(e)), repealed by No. 22/1995  \ns. 21(4)(a), new s. 10(6) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).\n\nS. 10(6A) inserted by No. 4/1987 s. 4(1)(c), repealed by No. 22/1995  \ns. 21(4)(a).\n\nS. 10(6B) inserted by No. 4/1987 s. 4(1)(c), amended by Nos 22/1995  \ns. 21(4)(b), 31/2021 s. 16(4).\n\n(6B) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the Chief Judge, the Deputy Chief Judge and the other judges to be reduced.\n\nS. 10(6C) inserted by No. 83/2008 s. 7(2), repealed by No. 29/2015 s. 80(4).\n\nS. 10(6D) inserted by No. 63/2013 s. 68(3).\n\n(6D) A part-time service arrangement does not constitute a reduction in the salary of the judge or associate judge who enters into the arrangement.\n\nS. 10(6E) inserted by No. 3/2016 s. 27(3).\n\n(6E) The appointment of a judge as a dual commission holder as Chief Magistrate does not constitute a reduction in the salary or allowances of the judge who takes the appointment.\n\nS. 10(7) amended by Nos 64/1990 s. 20(Sch. item 2.1(f)), 22/1995  \ns. 21(4)(c), substituted by No. 1/2000 s. 4(1).\n\n(7) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—\n\nS. 10(7)(a) amended by Nos 83/2008 s. 7(3), 29/2015 s. 61(1)(a).\n\n(a) the amounts (including the amount of any non-salary benefits) payable to or for a judge; and\n\nS. 10(7)(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(1)).\n\n(b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of the judges; and\n\nS. 10(7)(c) amended by No. 26/2007 s. 109.\n\n(c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to the judges; and\n\nS. 10(7)(d) amended by No. 29/2015 s. 61(1)(b).\n\n(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the judges; and\n\nS. 10(7)(e) inserted by No. 29/2015 s. 61(1)(c).\n\n(e) superannuation contributions and payments, if applicable, that are payable.\n\nS. 10(7A) inserted by No. 83/2008 s. 7(4), repealed by No. 29/2015 s. 80(4).\n\nS. 10(7B) inserted by No. 83/2008 s. 7(4), repealed by No. 29/2015 s. 80(4).\n\nS. 10(8) repealed by No. 64/1990 s. 20(Sch.  \nitem 2.1(g)).\n\nS. 10(9) inserted by No. 16/1986 s. 9(2)(a), amended by Nos 14/2006 s. 8, 24/2008 s. 48, repealed by No. 29/2015 s. 80(4).\n\nS. 10(10) inserted by No. 83/2008 s. 7(5), amended by Nos 34/2010 s. 30, 29/2015 s. 61(2), 29/2015 s. 80(5).\n\n(10) In this section, ***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**.\n\nS. 11 repealed by No. 7840 s. 19(b), new s. 11 inserted by No. 3/2005 s. 6, amended by Nos 26/2007 s. 109,  \n83/2008 s. 8, repealed by No. 5/2013 s. 24.\n\nS. 12  \nrepealed by No. 7840 s. 19(b), new s. 12 inserted by No. 5/2013 s. 25.\n\n","sortOrder":37},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of reserve judges","content":"\t12 Appointment of reserve judges\n\n(1) The Governor in Council may appoint as many reserve judges of the court as are necessary for transacting the business of the court.\n\n(2) A person is not eligible for appointment as a reserve judge unless he or she—\n\nS. 12(2)(a)  \namended by No. 63/2013 s. 27.\n\n(a) has not attained the age of 78 years; and\n\n(b) is, or has been—\n\n(i) a judge of the court; or\n\n(ii) a judge of a District Court (however designated) of another State.\n\n(3) The instrument of appointment of a person as a reserve judge must specify the terms and conditions of appointment.\n\n(4) A reserve judge is eligible for re‑appointment as a reserve judge.\n\nS. 12A inserted by No. 5/2013 s. 25.\n\n","sortOrder":38},{"sectionNumber":"12A","sectionType":"section","heading":"Cessation of office","content":"\t12A Cessation of office\n\n(1) A reserve judge ceases to hold office on the earlier of—\n\n(a) the end of 5 years from the date of his or her appointment as a reserve judge; or\n\nS. 12A(1)(b)  \namended by No. 63/2013 s. 28(1).\n\n(b) attaining the age of 78 years.\n\nS. 12A(1A) inserted by No. 63/2013 s. 28(2).\n\n(1A) A reserve judge may resign by sending his or her resignation in writing to the Governor.\n\nS. 12A(2) repealed by No. 16/2016 s. 192.\n\nS. 12B (Heading) amended by No. 63/2013 s. 29(1).\n\nS. 12B inserted by No. 5/2013 s. 25.\n\n","sortOrder":39},{"sectionNumber":"12B","sectionType":"section","heading":"Chief Judge may engage reserve judge to undertake duties of judge of the court","content":"\t12B Chief Judge may engage reserve judge to undertake duties of judge of the court\n\nS. 12B(1) amended by No. 63/2013 s. 29(2).\n\n(1) The Chief Judge may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge of the court—\n\n(a) on a full time basis; or\n\n(b) on a sessional basis.\n\n(2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement.\n\nS. 12B(3) amended by No. 63/2013 s. 29(3).\n\n(3) The Chief Judge does not have the power to revoke or amend a notice of engagement under subsection (1), other than with the consent of the reserve judge.\n\nS. 12B(4) inserted by No. 63/2013 s. 29(4).\n\n(4) An engagement under subsection (1) must not exceed 6 months.\n\nS. 12B(5) inserted by No. 63/2013 s. 29(4).\n\n(5) For the purpose of deciding whether, when, or on what basis to engage a reserve judge to undertake duties, the Chief Judge may request the reserve judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made.\n\nS. 12C inserted by No. 5/2013 s. 25.\n\n","sortOrder":40},{"sectionNumber":"12C","sectionType":"section","heading":"Powers, jurisdiction, immunities and protection of reserve judge","content":"\t12C Powers, jurisdiction, immunities and protection of reserve judge\n\nSubject to this Act, a reserve judge has the same powers, jurisdiction, immunities and protection as a judge of the court when undertaking the duties of a judge of the court in accordance with an engagement under section 12B.\n\nS. 12D inserted by No. 5/2013 s. 25.\n\n","sortOrder":41},{"sectionNumber":"12D","sectionType":"section","heading":"Pension rights and service not affected by being a reserve judge","content":"\t12D Pension rights and service not affected by being a reserve judge\n\n(1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14.\n\n(2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14.\n\nS. 12E inserted by No. 5/2013 s. 25, amended by No. 63/2013 s. 30 (ILA s. 39B(1)).\n\n","sortOrder":42},{"sectionNumber":"12E","sectionType":"section","heading":"Engaging in legal practice or other paid employment","content":"\t12E Engaging in legal practice or other paid employment\n\n(1) Except with the approval of the Chief Judge, a reserve judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a judge of the court under section 12B or acting under section 12H.\n\nS. 12E(2) inserted by No. 63/2013 s. 30(2).\n\n(2) Except with the approval of the Chief Judge, a reserve judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve judge receives remuneration while engaged to undertake the duties of a judge under section 12B or acting under section 12H.\n\nS. 12E(3) inserted by No. 63/2013 s. 30(2).\n\n(3) This section is in addition to the requirements of section 13.\n\nS. 12F (Heading) amended by No. 29/2015 s. 81(1).\n\nS. 12F inserted by No. 5/2013 s. 25.\n\n","sortOrder":43},{"sectionNumber":"12F","sectionType":"section","heading":"Salary, allowances and other conditions of service of reserve judge","content":"\t12F Salary, allowances and other conditions of service of reserve judge\n\nS. 12F(1) substituted by No. 29/2015 s. 81(2).\n\n(1) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the **Judicial Entitlements Act 2015**.\n\nS. 12F(2) substituted by No. 29/2015 s. 81(2).\n\n(2) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the **Judicial Entitlements Act 2015**.\n\nS. 12F(3)–(9) repealed by No. 29/2015 s. 81(3).\n\nS. 12F(9A) inserted by No. 63/2013 s. 31, amended by No. 29/2015 s. 81(4).\n\n(9A) Despite subsection (1), a reserve judge who is also a serving judge of a court of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.\n\nS. 12F(10) repealed by No. 29/2015 s. 81(3).\n\nS. 12G inserted by No. 5/2013 s. 25, amended by No. 29/2015 s.62(ILA s.39B(1)).\n\n","sortOrder":44},{"sectionNumber":"12G","sectionType":"section","heading":"Appropriation of certain amounts in relation to reserve judges","content":"\t12G Appropriation of certain amounts in relation to reserve judges\n\n(1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—\n\n(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve judges; and\n\nS. 12G(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(2)).\n\n(b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of any reserve judge; and\n\n(c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to any reserve judge; and\n\n(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve judge; and\n\n(e) superannuation contributions within the meaning of the **Payroll Tax Act 2007** payable in respect of any reserve judge.\n\nS. 12G(2) inserted by No. 29/2015 s. 62.\n\n(2) In this section, ***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**.\n\nS. 12H inserted by No. 63/2013 s. 32.\n\n","sortOrder":45},{"sectionNumber":"12H","sectionType":"section","heading":"Power to complete matters—judges and reserve judges","content":"\t12H Power to complete matters—judges and reserve judges\n\n(1) This section applies to—\n\n(a) a judge whose commission under section 14 ceases under section 14(1)(a), (b) or (c);\n\n(b) a reserve judge engaged under section 12B whose engagement expires;\n\n(c) a reserve judge engaged under section 12B—\n\n(i) whose engagement expires; and\n\n(ii) whose appointment as a reserve judge ceases, other than by way of resignation—\n\nbut only if at the time of that cessation or expiry the judge or reserve judge had a matter—\n\n(d) that was part-heard before him or her; or\n\n(e) in respect of which his or her decision or determination is pending.\n\n(2) Subject to subsection (4), a former judge, reserve judge or former reserve judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former judge, reserve judge or former reserve judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or appointment or expiry of his or her engagement.\n\n(3) For the purposes of subsection (2)—\n\n(a) a reserve judge to whom this section applies whose engagement has expired is taken to be engaged under section 12B; and\n\n(b) a former judge or former reserve judge to whom this section applies—\n\n(i) holds office as a reserve judge by virtue of this section as if he or she had been appointed under section 12; and\n\n(ii) is taken to be a reserve judge engaged under section 12B; and\n\n(c) section 12F 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 commission or appointment or the expiry of his or her engagement, as the case requires; and\n\n(d) the person may continue to serve as a reserve judge for the purposes of subsection (2) despite having attained the age of 78 years.\n\n(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—\n\n(a) the completion of the matters referred to in subsection (2); or\n\n(b) 6 months from the date of that appointment or engagement; or\n\n(c) the person being appointed under section 12 as a reserve judge.\n\n(5) A person to whom this section applies may resign his or her office as reserve judge under this section by notice in writing to the Governor.\n\n(6) Nothing in this section prevents a person being appointed as a reserve judge under section 12 at any time, if he or she is eligible to be so appointed.\n\n(7) Nothing in this section affects the operation of section 15 or of section 91(8) or 101A of the **Coroners Act 2008**.\n\n(8) In this section a reference to \"proceeding\" includes—\n\n(a) any proceeding or other matter in the Children's Court under the **Children, Youth and Families Act 2005**; and\n\n(b) any investigation or inquiry under the **Coroners Act 2008**.\n\nNo. 6117 s. 13.\n\nS. 13 amended by No. 43/1991 s. 41(1)(a).\n\n","sortOrder":46},{"sectionNumber":"13","sectionType":"section","heading":"Judges not to engage in legal practice or sit in Parliament","content":"\t13 Judges not to engage in legal practice or sit in Parliament\n\nS. 13(1) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.2).\n\n(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.\n\nS. 13(2) inserted by No. 43/1991 s. 41(1)(b), amended by No. 63/2013 s. 33.\n\n(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.\n\nS. 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  \ns. 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.\n\n\t13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment\n\n(1) Without limiting section 13, a judge or an associate judge serving under a part-time service arrangement must not engage in legal practice.\n\n(2) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.\n\n(3) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time 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.\n\nNo. 6117 s. 14.\n\nS. 14 (Heading) inserted by No. 23/2008 s. 10(1).\n\n\t14 Provision for pensions to County Court judges and their partners\n\nS. 14(1) substituted by No. 16/1986 s. 8(b) (as amended by No. 107/1986 s. 9(a)(b)).\n\n(1) The commission of a judge ceases to be in force and the office becomes vacant—\n\nS. 14(1)(aaa) inserted by No. 16/2005 s. 7(2).\n\n(aaa) on the judge being removed from office by the Governor in Council in accordance with Part IIIAA of the **Constitution Act 1975**; or\n\nS. 14(1)(aa) inserted by No. 16/2005 s. 7(2).\n\n(aa) on the abolition of the office of the judge by or under an Act; or\n\nS. 14(1)(a) amended by No. 14/2006 s. 9(a).\n\n(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\n\nS. 14(1)(b) amended by No. 14/2006 s. 9(b).\n\n(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\n\nS. 14(1)(c) amended by No. 14/2006 s. 9(c).\n\n(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.\n\nS. 14(2) amended by No. 6901 s. 3, substituted by No. 7066 s. 3(a), amended by Nos 7973 s. 3(a), 8883 s. 2(a), 9468 s. 3(b), 31/2021 s. 17(1).\n\n(2) Every judge who—\n\nS. 14(2)(a) substituted by No. 22/1995  \n\n(a) has attained—\n\n(i) the age of 65 years; or\n\nS. 14(2)(a)(ii) amended by No. 39/2003 s. 4(1)(a).\n\n(ii) in the case of a judge appointed before the commencement of section 23 of the **Judicial Remuneration Tribunal Act 1995**, the age of 60 years; or\n\nS. 14(2)(a)(iii) inserted by No. 39/2003 s. 4(1)(b), amended by No. 34/2010 s. 3.\n\n(iii) in the case of a judge to whom subsection (5)(ac) or subsection (5)(ad) applies who was appointed as a judge after the commencement of section 23 of the **Judicial Remuneration Tribunal Act 1995** but who before that commencement had service that, by force of that subsection, counts as service in the office of judge under this Act, the age of 60 years—\n\nand has served for not less than 10 years in the office of judge; or\n\nS. 14(2)(b) substituted by No. 22/1995  \n\n(b) has served for not less than 20 years in the office of judge; or\n\nS. 14(2)(c) inserted by No. 22/1995  \n\n(c) having been appointed before attaining the age of 60 years, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office; or\n\nS. 14(2)(d) inserted by No. 22/1995  \n\n(d) in the case of a judge appointed after attaining the age of 60 years but before the commencement of section 23 of the **Judicial Remuneration Tribunal Act 1995**, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office—\n\nshall upon resignation or upon retirement as aforesaid from his office be entitled to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary—\n\n(i) in the case of a chief judge—of the Chief Judge; and\n\nS. 14(2)(ia) inserted by No. 31/2021 s. 17(1)(a).\n\n(ia) in the case of a deputy chief judge—of the Deputy Chief Judge; and\n\nS. 14(2)(ii) amended by No. 31/2021 s. 17(1)(b).\n\n(ii) in the case of any other judge—of a judge other than the Chief Judge or the Deputy Chief Judge—\n\nfor the time being applicable pursuant to section 10.\n\nNote to s. 14(2) inserted by No. 5/2013 s. 26(1).\n\nSee sections 12D and 12F as to pension entitlements and appointment as a reserve judge.\n\nS. 14(2A) inserted by No. 22/1995  \ns. 23(2).\n\n(2A) A judge who—\n\n(a) had attained the age of 60 years when appointed as a judge; and\n\n(b) has attained the age of 70 years—\n\nis entitled, upon resignation or retirement from office to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had served 10 years that is equal to the proportion of 10 years served as a judge.\n\nS. 14(2B) inserted by No. 22/1995  \ns. 23(2).\n\n(2B) A judge who—\n\n(a) had attained the age of 60 years when appointed as a judge; and\n\n(b) has become afflicted with some permanent incapacity disabling him or her from the due execution of his or her office—\n\nis 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.\n\nS. 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).\n\n(3) Upon the death—\n\n(a) of any judge under this Act or the **County Court Act 1957**; or\n\n(b) of any person who was formerly a judge under this Act or a judge of county courts under the **County Court Act 1928**—\n\nthe 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 three-eighths of the annual salary for the time being payable—\n\n(i) in the case of a chief judge or a former chief judge—of the Chief Judge; and\n\nS. 14(3)(ia) inserted by No. 31/2021 s. 17(2)(a).\n\n(ia) in the case of a deputy chief judge or a former deputy chief judge—of the Deputy Chief Judge; and\n\nS. 14(3)(ii) amended by No. 31/2021 s. 17(2)(b).\n\n(ii) in the case of any other judge or former judge—of a judge other than the Chief Judge or the Deputy Chief Judge.\n\nS. 14(3) (Proviso) substituted by No. 23/2008 s. 10(2)(c).\n\nProvided 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 immediately prior to that judge's resignation or retirement.\n\nS. 14(3AA) inserted by No. 9468 s. 3(d).\n\n(3AA) Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (2) or (3) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB).\n\nS. 14(3AB) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 10(2)(a).\n\n(3AB) The pension applicable to each eligible child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater).\n\nS. 14(3AC) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 11.\n\n  (3AC) ***Eligible child in relation to a judge*** means a child adopted child or stepchild of the judge or his or her partner—\n\n(a) who is under the age of 16 years; or\n\n(b) who—\n\n(i) has attained the age of 16 years but is under the age of 25 years; and\n\n(ii) is receiving full-time education at a school college or university.\n\nS. 14(3AD) inserted by No. 3/2016 s. 28(1).\n\n(3AD) If a dual commission holder resigns the office of Chief Judge but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Judge for thepurposes of subsections (2), (2A) and(2B).\n\nS. 14(3AE) inserted by No. 3/2016 s. 28(1).\n\n(3AE) In the case of the death of a Chief Judge who is a dual commission holder, subsection (3) applies and section 83 of the **Constitution Act 1975** does not  apply.\n\nS. 14(3AF) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(1).\n\n(3AF) If a dual commission holder as a judge of the County Court resigns the office of judge under this Act but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A) and (2B).\n\nS. 14(3AG) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(1).\n\n(3AG) If a dual commission holder as a judge of the County Court simultaneously resigns the office of judge under this Act and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A), and (2B), but section 10A of the **Magistrates' Court Act 1989** may apply if the person would otherwise be entitled to a pension under that section.\n\nS. 14(3AH) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(2).\n\n(3AH) In the case of the death of a Chief Magistrate who has been a dual commission holder as a judge of the County Court, subsection (3) does not apply and section 10A of the **Magistrates' Court Act** **1989** applies.\n\nS. 14(3A) inserted by No. 7973 s. 3(c).\n\n(3A) Unless the Governor in Council by Order published in the Government Gazette otherwise determines in any particular case the right of a judge to a pension under this section—\n\n(a) shall cease upon his accepting appointment to any judicial office in or outside Victoria; and\n\nS. 14(3A)(ab) inserted by No. 39/2003 s. 4(2), amended by No. 3/2005 s. 15(1).\n\n(ab) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of subsection (5)(ac) or (5)(ad), was or could have been counted as service in the office of judge under this Act; and\n\n(b) shall be suspended while—\n\n(i) he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or\n\nS. 14(3A)(b)(ii) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.5(a) (b)).\n\n(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:\n\nProvided that this subsection does not apply to or in relation to a judge who resigned or retired before the 15th day of February, 1970.\n\nS. 14(4) amended by Nos 19/1989 s. 7(i), 19/2001 s. 12.\n\n(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.\n\nS. 14(5) amended by No. 63/2013 s. 70.\n\n(5) For the purposes of this section and section 14AAA—\n\nS. 14(5)(aa) inserted by No. 3/2005 s. 8,  \namended by Nos 24/2008 s. 49(a), 5/2013 s. 26(2).\n\n(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—\n\n(i) an acting judge of the court; or\n\n(ii) an acting Judge of the Supreme Court—\n\nhis 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);\n\n(a) if any judge under this Act is or has been at any time after his appointment appointed to be an acting judge of the Supreme Court his service as an acting judge of the Supreme Court shall count as service in the office of judge under this Act but in the computation of pensions under this section the salary he was receiving immediately before his resignation retirement or death (as the case may be) shall in every case be deemed to be the salary then applicable to the office of judge under this Act;\n\nS. 14(5)(ab) inserted by No. 43/1994  \ns. 54.\n\n(ab) if any judge under this Act was immediately prior to his or her appointment Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor, his or her service as Director of Public Prosecutions, Chief Crown Prosecutor or Senior Crown Prosecutor shall count as service in the office of judge under this Act;\n\nS. 14(5)(aba) inserted by No. 68/2012 s. 8.\n\n(aba) if any judge under this Act was, immediately prior to his or her appointment, the Chief Magistrate and his or her appointment as Chief Magistrate was made on or after 6 March 2001, his or her service as the Chief Magistrate shall count as service in the office of judge under this Act;\n\nS. 14(5)(abb) inserted by No. 29/2015 s. 63(1).\n\n(abb) if any judge under this Act was immediately prior to the judge's appointment Solicitor-General that person's service as Solicitor-General shall count as service in the office of judge under this Act;\n\nS. 14(5)(ac) inserted by No. 39/2003 s. 4(3).\n\n(ac) if any judge under this Act was immediately prior to his or her appointment—\n\nS. 14(5)(ac)(i) amended by No. 68/2013 s. 11.\n\n(i) a judge of the High Court of Australia or of a court created by the Parliament of the Commonwealth, other than the Federal Circuit Court of Australia; or\n\nS. 14(5)(ac)(ii) amended by No. 29/2015 s. 63(2).\n\n(ii) a judge of a court of another State or of the Northern Territory or the Australian Capital Territory, other than a Local Court, Magistrates' Court or equivalent court—\n\nhis or her service as such a judge shall count as service in the office of judge under this Act;\n\nS. 14(5)(aca) inserted by No. 3/2016 s. 28(2).\n\n(aca) if any judge under this Act was, immediately prior to the person's appointment, a Judge of the Supreme Court referred to in section 75(3) of the **Constitution Act 1975**, the person's service as a Judge of the Supreme Court shall count as service in the office of judge under this Act;\n\nS. 14(5)(ad) inserted by No. 3/2005 s. 15(2).\n\n(ad) if any judge under this Act was immediately prior to his or her appointment—\n\nS. 14(5)(ad)(i) amended by No. 24/2008 s. 49(b)(i).\n\n(i) a master or associate judge of the court; or\n\nS. 14(5)(ad)(ii) amended by Nos 24/2008 s. 49(b)(ii), 29/2015 s. 63(3).\n\n(ii) a Master of the Supreme Court or, an Associate Judge of the Supreme Court, or a master or an associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory, other than a Local Court, Magistrates' Court or equivalent court—\n\nhis or her service as such shall count as service in the office of judge under this Act;\n\nS. 14(5)(ae) inserted by No. 28/2013 s. 6, amended by No. 31/2024 s. 113(Sch. 1 item 5.1).\n\n(ae) if any judge under this Act was immediately prior to his or her appointment the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** or the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011**, his or her service as Commissioner or Chief Integrity Inspector, as the case requires, shall count as service in the office of judge under this Act;\n\nS. 14(5)(af) inserted by No. 3/2016 s. 28(3).\n\n(af) the Chief Judge who is a dual commission holder is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder when counting service in the office of judge under this Act;\n\nS. 14(5)(ag) inserted by No. 3/2016 s. 28(3), amended by No. 1/2022 s. 37(3).\n\n(ag) if a judge under this Act has been a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of judge;\n\nS. 14(5)(ah) inserted by No. 3/2016 s. 28(3), amended by No. 1/2022 s. 37(3).\n\n(ah) if a judge under this Act has been a dual commission holder as Chief Magistrate, the judge is taken to not hold the office of judge during the period of holding the dual commission when counting service in the office of judge;\n\n(b) any reference to a judge under this Act or the **County Court Act 1957** or under the **County Court Act 1928** shall not be deemed to include a reference to a deputy judge or an acting judge.\n\nS. 14(6) repealed by No. 7985 s. 2(1), new s. 14(6) inserted by No. 30/2005 s. 5.\n\n(6) For the purposes of subsection (5)(ab), if a judge under this Act who immediately prior to his or her appointment held the office of Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor (a ***relevant office***) had also held another one or two of those relevant offices immediately prior to, or successively prior to, his or her appointment to the last relevant office held by him or her, then his or her service in that other relevant office or those other relevant offices counts as service in the last of the relevant offices held by him or her.\n\nS. 6A inserted by No. 29/2015 s. 63(4).\n\n(6A) Without limiting subsection (6), for the purposes of subsections (5) and (6), if a judge under this Act who held a recognised service office immediately prior to the judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person.\n\nS. 6B inserted by No. 29/2015 s. 63(4).\n\n(6B) For the purposes of this section—\n\n***recognised service office*** means an office specified in subsection (5) or (6) as counting as service in the office of judge under this Act.\n\nS. 14(7) inserted by No. 23/2008 s. 12.\n\n(7) For the purpose of regulation 65 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth, the Minister on the advice of an actuary appointed by the Minister may from time to time determine the accrued benefit multiple.\n\nS. 14(8) inserted by No. 23/2008 s. 12, amended by No. 38/2009 s. 21(1).\n\n(8) Subject to subsections (12) and (13), the Minister must comply with subsections (10) and (11) if—\n\nis served on the Minister under Part VIIIB or VIIIAB of the Family Law Act 1975 of the Commonwealth.\n\nS. 14(9) inserted by No. 23/2008 s. 12.\n\n(9) Subsections (10) and (11) also apply to—\n\nwhich was served on the Minister under Part VIIIB of the Family Law Act 1975 of the Commonwealth before the commencement of section 9 of the **Constitution Amendment (Judicial Pensions) Act 2008** if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.\n\nS. 14(9A) inserted by No. 38/2009 s. 21(2), amended by No. 38/2017 s. 79(1).\n\n(9A) This section also applies to—\n\nwhich was served on the Minister under Part VIIIAB of the Family Law Act 1975 of the Commonwealth before the commencement of section 21 of the **Superannuation Legislation Amendment Act 2009** if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.\n\nS. 14(10) inserted by No. 23/2008 s. 12.\n\n(10) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Minister must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—\n\n(a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or\n\n(b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Minister.\n\nS. 14(11) inserted by No. 23/2008 s. 12.\n\n(11) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Minister must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—\n\n(a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or\n\n(b) if so requested in writing by the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse; or\n\n(c) if no request is received from the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Minister.\n\nS. 14(12) inserted by No. 23/2008 s. 12.\n\n(12) Subsections (10) and (11) do not apply if—\n\n(a) the member spouse's superannuation interest is an unsplittable interest; or\n\n(b) a payment flag is operating in respect of the member spouse's superannuation interest; or\n\n(c) the non-member spouse has served a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest; or\n\n(d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.\n\nS. 14(13) inserted by No. 23/2008 s. 12.\n\n(13) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Minister may determine that subsections (10) and (11) do not apply.\n\nS. 14(14) inserted by No. 23/2008 s. 12.\n\n(14) If the non-member spouse serves a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest, the Minister may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Minister to the non-member spouse in accordance with this section.\n\nS. 14(15) inserted by No. 23/2008 s. 12.\n\n(15) Despite anything to the contrary in this Act, if under subsection (10), (11) or (14) an amount is paid by the Minister to a non-member spouse or transferred by the Minister on behalf of a non-member spouse, the benefit of a member spouse must be reduced by the Minister in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Minister.\n\nS. 14(16) inserted by No. 23/2008 s. 12.\n\n(16) On the application of an eligible person within the meaning of section 90MZB(8) of the Family Law Act 1975 of the Commonwealth, the Minister may provide information additional to the information required to be provided under section 90MZB of that Act if the Minister considers that the additional information is necessary to understand the member spouse's benefit entitlements.\n\nS. 14(17) inserted by No. 23/2008 s. 12.\n\n(17) The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under subsection (10), (11) or (14).\n\nS. 14(18) inserted by No. 23/2008 s. 12.\n\n(18) The Minister may charge reasonable fees in respect of—\n\n(a) a payment split;\n\n(b) a payment flag;\n\n(c) flag lifting under a flag lifting agreement that does not provide for a payment split;\n\n(d) an order under section 90MM of the Family Law Act 1975 of the Commonwealth terminating the operation of a payment flag;\n\n(e) an application under section 90MZB of the Family Law Act 1975 of the Commonwealth for information about a superannuation interest;\n\n(f) any other thing done by the Minister in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;\n\n(g) the provision of information under subsection (16).\n\nS. 14(19) inserted by No. 23/2008 s. 12.\n\n(19) Fees charged under subsection (18) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.\n\nS. 14(20) inserted by No. 23/2008 s. 12.\n\n(20) If the Minister charges a fee under subsection (18), the fee is payable—\n\n(a) unless paragraph (b) applies, in the case of subsection (18)(a), (18)(b), (18)(c), (18)(d) or (18)(f), by the member spouse and the non-member spouse in equal parts;\n\n(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse;\n\n(c) in the case of subsection (18)(e) or (18)(g), by the person who made the application.\n\nS. 14(21) inserted by No. 23/2008 s. 12.\n\n(21) For the purposes of this section, the Minister may, with such modifications as are necessary, adopt any specified standards made by Order in Council under section 92A of the **State Superannuation Act 1988** for the purposes of Part 7A of that Act.\n\nS. 14(22) inserted by No. 40/2010 s. 108.\n\n(22) For the purposes of subsection (3), the definition of ***partner*** as substituted by section 107 of the **Superannuation Legislation Amendment Act 2010** applies in respect of the entitlement to a pension of a partner of a judge or former judge only if the death of the judge or former judge occurs on or after the commencement of the substituting section.\n\nS. 14(23) inserted by No. 16/2016 s. 193.\n\n(23) For the purposes of this section, a reference to the resignation or retirement of a judge includes a reference to the removal of a judge from office by the Governor in Council under section 87AAB of the **Constitution Act 1975** on the ground of proved incapacity if both Houses of the Parliament pray for the removal solely on the ground of proved incapacity.\n\nS. 14(24) inserted by No. 16/2016 s. 193.\n\n(24) A removal referred to in subsection (23) is taken to be a resignation or retirement due to the judge having become afflicted with some permanent incapacity disabling the judge from the due execution of the judge's office.\n\nS. 14AAA inserted by No. 63/2013 s. 71.\n\n\t14AAA Effect of part-time service arrangement on judicial pensions\n\n(1) If a judge has served under a part-time service arrangement, his or her pension under section 14, and any pension payable in relation to the judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).\n\n(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—\n\n(a) the proportion of service that occurs during the period when the judge served in the office of judge;\n\n(b) if the judge is eligible for a pension under section 14(2)(a), the proportion of service that occurs within the 10 year period immediately before the judge's retirement or resignation;\n\n(c) if the judge is eligible for a pension under section 14(2)(b), the proportion of service that occurs in the periods in office that—\n\n(i) involve the highest proportion of full‑time duties; and\n\n(ii) cumulatively total 20 years.\n\n(3) If a judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the judge's period of office had ended on a date between that date of qualification and the date the judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).\n\n***judicial service*** means the sum of—\n\n(a) all part-time service performed by the judge calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and\n\n(b) all full-time service performed by the judge;\n\n***proportion of service*** means the judicial service during the relevant period divided by the relevant period.\n\nJudge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows—\n\n(a) first 8 years as a judge is part-time service at 0∙8 of full-time service;\n\n(b) next 7 years as a judge is full-time service.\n\nAt the time of Judge A's retirement, the period that Judge A served in the office of 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 Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).\n\nThe proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94  \n(i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case.\n\nThe highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension.\n\nS. 14AA inserted by No. 19/2001 s. 13.\n\n\t14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge\n\nS. 14AA(1) amended by No. 23/2008 s. 10(3).\n\n(1) A judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the judge or his or her partner or eligible child to receive a pension under this Act.\n\n(2) A judge may by notice in writing to the Minister revoke his or her election under subsection (1).\n\nS. 14AB inserted by No. 19/2001 s. 13.\n\n\t14AB Actuary's first calculation after election of judges to commute pensions\n\n(1) If an election under section 14AA is in operation, within 10 days after the day on which a judge resigns, retires or dies while in office, the Minister must—\n\nS. 14AB(1)(a) amended by No. 23/2008 s. 10(3).\n\n(a) cause an actuary to determine the extent to which the former judge's pension and any future entitlement of the judge's partner or eligible child to a pension upon the 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 judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former 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\n\nS. 14AB(1)(b) amended by No. 23/2008 s. 10(3).\n\n(b) notify the former judge or, if he or she has died, the former judge's partner or eligible child of the actuary's determination under subsection (1)(a).\n\nS. 14AB(2) amended by No. 23/2008 s. 10(3).\n\n(2) A former judge or, if he or she has died, the former judge's partner or eligible child may revoke the election under section 14AA within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 14AB(3) amended by No. 23/2008 s. 10(3).\n\n(3) If an election under section 14AA is in operation, the former judge's pension and any future entitlement of the former judge's partner or eligible child to a pension upon the judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).\n\n(4) For the purposes of subsection (1)—\n\n(a) the reduction of the former judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the judge resigned or retired; and\n\nS. 14AB(4)(b) amended by No. 23/2008 s. 10(3).\n\n(b) the reduction of any future entitlement of the judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the judge's partner and eligible children on the day on which the judge resigned, retired or died while in office; and\n\n(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\n\n(d) each reduction must be applied from the entitlement day according to paragraph (a) or (b).\n\nS. 14AC inserted by No. 19/2001 s. 13.\n\n\t14AC Actuary's second calculation after election of the judges to commute pensions and payment of lump sums\n\nS. 14AC(1) amended by No. 23/2008 s. 10(3)(4).\n\n(1) If an election under section 14AA is in operation, a former judge or, if he or she has died, the judge's partner or eligible child must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the judge's pension or his or her partner's or eligible child's pension, lodge with the Minister—\n\nS. 14AC(1)(a) amended by No. 23/2008 s. 10(3).\n\n(a) a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge 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\n\n(b) a copy of the superannuation contributions surcharge notice.\n\n(2) Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary—\n\n(a) to review the determination made under section 14AB(1); and\n\nS. 14AC(2)(b) amended by No. 23/2008 s. 10(3).\n\n(b) subject to section 14AB(4), make any necessary adjustments to the determination and to the pension payable to the former judge and to any future entitlement of the former judge's partner or eligible child to a pension upon the judge's death.\n\n(3) If an election under section 14AA is in operation and the Minister has received an authorisation under subsection (1), 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.\n\nS. 14AD inserted by No. 19/2001 s. 13.\n\n\t14AD Election of former judges to commute pensions for payment of superannuation contributions surcharge\n\nS. 14AD(1) amended by No. 23/2008 s. 10(3).\n\n(1) If no election under section 14AA is in operation, a former judge who is entitled to receive a pension under this Act may elect to have part of his or her pension and that of his or her partner or eligible child, if any, commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former judge or his or her partner or eligible child to receive a pension under this Act.\n\nS. 14AD(2)(a) amended by No. 23/2008 s. 10(4).\n\n(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\n\n(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and\n\nS. 14AD(2)(c) amended by No. 23/2008 s. 10(3).\n\n(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\n\nS. 14AE inserted by No. 19/2001 s. 13.\n\n\t14AE Actuary's calculation after former judges' election to commute pensions\n\n(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—\n\nS. 14AE(1)(a) amended by No. 23/2008 s. 10(3).\n\n(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 provided by the commutation of the pensions; and\n\nS. 14AE(1)(b) amended by No. 23/2008 s. 10(3).\n\n(b) notify the former judge or, if he or she has died, the former judge's partner or eligible child of the actuary's determination under subsection (1)(a).\n\nS. 14AE(2) amended by No. 23/2008 s. 10(3).\n\n(2) A former judge or, if he or she has died, the former judge's partner or eligible child may revoke the election under section 14AD within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 14AF inserted by No. 19/2001 s. 13.\n\n\t14AF Payment and commutation of pensions of former judges\n\n(1) If an election under section 14AD 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.\n\nS. 14AF(2) amended by No. 23/2008 s. 10(3).\n\n(2) The former judge's pension and any future entitlement of the judge's partner or eligible child to a pension upon the judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 14AE in consequence of the payment of the lump sum.\n\n(3) For the purposes of section 14AE—\n\n(a) the reduction of the former judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the judge resigned or retired; and\n\nS. 14AF(3)(b) amended by No. 23/2008 s. 10(3).\n\n(b) the reduction of any future entitlement of the judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the judge's partner and eligible children on the day on which the judge resigned or retired; and\n\n(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\n\n(d) the reduction must be applied from the day of payment of the lump sum under subsection (1).\n\nS. 14AG (Heading) amended by No. 23/2008 s. 10(5).\n\nS. 14AG inserted by No. 19/2001 s. 13.\n\n\t14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge\n\nS. 14AG(1) amended by No. 23/2008 s. 10(3).\n\n(1) If no election made under section 14AA or 14AD is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former judge to receive a pension under this Act or the entitlement of the deceased former judge's partner or eligible child to receive a pension under this Act.\n\nS. 14AG(2)(a) amended by No. 23/2008 s. 10(4).\n\n(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former judge's pension or his or her partner's or eligible child's pension; and\n\n(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and\n\nS. 14AG(2)(c) amended by No. 23/2008 s. 10(3).\n\n(c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and\n\nS. 14AH (Heading) amended by No. 23/2008 s. 10(5).\n\nS. 14AH inserted by No. 19/2001 s. 13.\n\n\t14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children\n\n(1) If an election is made under section 14AG, the Minister must within 10 days after the day on which the Minister received the election—\n\nS. 14AH(1)(a) amended by No. 23/2008 s. 10(3).\n\n(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 judge otherwise payable under this Act will be reduced subject to section 14AI(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and\n\n(b) notify the person of the actuary's determination under subsection (1)(a).\n\nS. 14AH(2) amended by No. 23/2008 s. 10(3).\n\n(2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may revoke his or her election under section 14AG within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 14AI (Heading) amended by No. 23/2008 s. 10(5).\n\nS. 14AI inserted by No. 19/2001 s. 13.\n\n\t14AI Payment and commutation of pensions of former judges' partners and eligible children\n\n(1) If an election under section 14AG 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.\n\nS. 14AI(2) amended by No. 23/2008 s. 10(3).\n\n(2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 14AH.\n\n(3) For the purposes of section 14AH—\n\nS. 14AI(3)(a) amended by No. 23/2008 s. 10(3).\n\n(a) the reduction of any future entitlement of the judge's partner or eligible child to a pension must not exceed 15% of—\n\nS. 14AI(3)(a)(i) amended by No. 23/2008 s. 10(3).\n\n(i) an amount equal to the total pension entitlement of the judge and his or her partner and eligible children on the day on which the judge resigned or retired; or\n\nS. 14AI(3)(a)(ii) amended by No. 23/2008 s. 10(4).\n\n(ii) in the case of the judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the judge died; and\n\n(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and\n\n(c) the reduction must be applied from the day of payment of the lump sum under subsection (1).\n\nS. 14A inserted by No. 85/1987 s. 3(a).\n\n","sortOrder":47},{"sectionNumber":"14A","sectionType":"section","heading":"Appointment of judicial members of Liquor Control Commission as judges","content":"\t14A Appointment of judicial members of Liquor Control Commission as judges\n\n(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**.\n\n(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.\n\nNo. 6117 s. 15.\n\nS. 15 (Heading) amended by No. 63/2013 s. 34(1).\n\nS. 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)).\n\n","sortOrder":48},{"sectionNumber":"15","sectionType":"section","heading":"Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances","content":"\t15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances\n\n(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—\n\n(a) his or her having ceased for any reason to be a judge or associate judge; or\n\n(b) his or her absence on leave or vacation or in consequence of sickness or otherwise—\n\nshall be exercisable or performable by any other judge or associate judge (as the case requires).\n\nS. 15(2) inserted by No. 63/2013 s. 34(2).\n\n(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 reserve judge who is a judge or a reserve associate judge who is an associate judge without reconstitution of the court despite any interruption in continuity of that person's tenure, appointment or engagement.\n\nS. 16 amended by No. 6891 s. 4, repealed by No. 3/2005 s. 7.\n\nS. 16A inserted by No. 9957 s. 2, repealed by No. 3/2005 s. 7.\n\nNo. 6117 s. 17.\n\nS. 17 amended by No. 8625 s. 6.\n\n","sortOrder":49},{"sectionNumber":"17","sectionType":"section","heading":"Appointment of judges temporarily or during pleasure valid","content":"\t17 Appointment of judges temporarily or during pleasure valid\n\nAll commissions of appointment of qualified persons as judges or as deputy judges, to hold office or to act temporarily or during pleasure made before the commencement of this Act shall be and shall be held in all courts to be and to have been valid and effectual notwithstanding any existing Act or law to the contrary and all commissions of appointment of qualified persons as judges or as acting judges, to hold office or to act temporarily or during pleasure to be made after the said commencement shall be and shall be held in all courts to be valid and effectual notwithstanding any existing Act or law to the contrary.\n\nPt 1 Div. 3AA (Heading and s. 17AAA) inserted by No. 24/2007 s. 4.\n\nDivision 3AA—Professional development and training\n\nS. 17AAA inserted by No. 24/2007 s. 4.\n\n\t17AAA Professional development and training\n\n(1) In this section—\n\nS. 17AAA(1) def. of  \n*judicial officer* amended by Nos 24/2008 s. 51, 34/2010 s. 31, 5/2013 s. 27, 63/2013 s. 35, 3/2016 s. 29, 1/2022 s. 38.\n\n***judicial officer*** means—\n\n(a) a judge including a reserve judge; or\n\n(b) an associate judge including a reserve associate judge; or\n\n(c) a judicial registrar.\n\n(2) The Chief Judge is responsible for directing the professional development and continuing education and training of judicial officers.\n\n(3) In discharging his or her responsibility under subsection (2) the Chief Judge may direct—\n\n(a) all judicial officers; or\n\n(b) a specified class of judicial officer; or\n\n(c) a specified judicial officer—\n\nto participate in a specified professional development or continuing education and training activity.\n\n(4) A direction under subsection (3) may be given orally or in writing.\n\nPt 1 Div. 3A (Heading and s. 17A) inserted by No. 10117 s. 4(1).\n\nPt 1 Div. 3A (Heading) amended by No. 24/2008 s. 52.\n\nDivision 3A—Associate judges\n\nS. 17A inserted by No. 10117 s. 4(1), amended by Nos 16/1986 s. 8(c), 19/1989 s. 7(k), 64/1990 s. 5, 22/1995 s. 24, 46/1998 s. 7(Sch. 1), 31/2004 s. 11, 108/2004 s. 117(1)(Sch. 3 item 47), 16/2005 s. 7(3)(4), 18/2005 s. 18(Sch. 1 item 25.3), substituted by No. 24/2008 s. 53.\n\n\t17A Associate judges\n\n(1) The Governor in Council may appoint one or more persons to be associate judges of the court.\n\n(2) An associate judge ceases to hold office only—\n\n(a) if he or she resigns by delivering to the Governor a signed letter of resignation; or\n\n(b) if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the **Constitution Act 1975**; or\n\n(c) if his or her office is abolished; or\n\n(d) if he or she is not capable of continuing in office because of subsection (5).\n\n(3) A person must not be appointed as an associate judge unless the person—\n\n(a) is or has been a judge, an associate judge or a magistrate of—\n\n(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or\n\n(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or\n\n(b) is an Australian lawyer of at least 5 years' standing.\n\n(4) An associate judge—\n\n(a) is entitled to such salaries and allowances as are from time to time payable under section 17AA; and\n\n(b) is not subject to the **Public Administration Act 2004**.\n\n(5) A person who has attained the age of 70 years is not capable of being appointed to or continuing in office as an associate judge.\n\nS. 17ABA inserted by No. 24/2008 s. 54.\n\n\t17ABA Functions of associate judges\n\n(1) The Chief Judge may assign duties to an associate judge.\n\n(2) An associate judge must carry out the duties from time to time assigned to him or her under subsection (1).\n\n(3) Without limiting subsection (1), an associate judge must—\n\n(a) assist in the general business of the court; and\n\n(b) perform such duties and exercise such powers and authorities as are imposed or conferred on the associate judge by or under this Act or any other Act or by the Rules.\n\nS. 17AA (Heading) inserted by No. 24/2008 s. 55(1), amended by No. 29/2015 s. 82(1).\n\nS. 17AA inserted by No. 22/1995  \ns. 25.\n\n\t17AA Salaries, allowances and conditions of service of associate judges\n\nS. 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).\n\n(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**.\n\nNote to s. 17AA(1) inserted by No. 29/2015 s. 82(3).\n\nSee 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.\n\nS. 17AA(1A) inserted by No. 63/2013 s. 72(2), repealed by No. 29/2015 s. 82(4).\n\nS. 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).\n\n(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**.\n\nS. 17AA(2A) inserted by No. 83/2008 s. 9(1), amended by No. 83/2008 s. 10, repealed by No. 29/2015 s. 82(6)(a).\n\nS. 17AA(2B) inserted by No. 83/2008 s. 9(1), repealed by No. 29/2015 s. 82(6)(a).\n\nS. 17AA(2C) inserted by No. 83/2008 s. 9(1), amended by No. 83/2008 s. 10(a), repealed by No. 29/2015 s. 82(6)(a).\n\nS. 17AA(2D) inserted by No. 83/2008 s. 9(1), repealed by No. 29/2015 s. 82(6)(a).\n\nS. 17AA(3) amended by No. 24/2008 s. 55(2)(b).\n\n(3) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the associate judges to be reduced.\n\nS. 17AA(3A) inserted by No. 83/2008 s. 9(2), amended by No. 83/2008 s. 10(c), repealed by No. 29/2015 s. 82(6)(b).\n\nS. 17AA(4) substituted by No. 1/2000 s. 4(3).\n\n(4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—\n\nS. 17AA(4)(a) amended by Nos 83/2008 s. 9(3), 29/2015 s. 64(1)(a).\n\n(a) the amounts (including the amount of any non-salary benefits) payable to or for an associate judge; and\n\nS. 17AA(4)(b) amended by Nos 24/2008 s. 55(2)(b), 67/2013 s. 649(Sch. 9 item 8(3)).\n\n(b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of the associate judges; and\n\nS. 17AA(4)(c) amended by Nos 26/2007 s. 109, 24/2008 s. 55(2)(b).\n\n(c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to the associate judges; and\n\nS. 17AA(4)(d) amended by Nos 24/2008 s. 55(2)(b), 29/2015 s. 64(1)(b).\n\n(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the associate judges; and\n\nS. 17AA(4)(e) inserted by No. 29/2015 s. 64(1)(c).\n\n(e) superannuation contributions and payments, if applicable, that are payable.\n\nS. 17AA(5) inserted by No. 83/2008 s. 9(4), repealed by No. 29/2015 s. 82(6)(b).\n\nS. 17AA(6) inserted by No. 83/2008 s. 9(4), repealed by No. 29/2015 s. 82(6)(b).\n\nS. 17AA(7) inserted by No. 83/2008 s. 9(4), amended by No. 29/2015 s. 64(2).\n\n(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**.\n\nS. 17B (Heading) inserted by No. 23/2008 s. 13(1), amended by No. 24/2008 s. 56(1).\n\nS. 17B inserted by No. 64/1990 s. 6.\n\n\t17B Pension entitlements of associate judges, their partners and children\n\nS. 17B(1) amended by No. 24/2008 s. 56(2)(a)(i).\n\n(1) An associate judge who—\n\nS. 17B(1)(a) substituted by No. 22/1995  \ns. 26(1).\n\n(a) has attained—\n\n(i) the age of 65 years; or\n\nS. 17B(1)(a)(ii) amended by No. 24/2008 s. 56(2)(a)(ii).\n\n(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—\n\nand has held office for at least 10 years; or\n\nS. 17B(1)(aa) inserted by No. 22/1995  \ns. 26(1).\n\n(aa) has held office for at least 20 years; or\n\n(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—\n\nis, on resignation or retirement, entitled to a pension payable fortnightly at the annual rate of 60% of the annual salary for the time being applicable to his or her former office.\n\nNote to s. 17B(1) inserted by No. 63/2013 s. 36(1).\n\nSee sections 17KA and 17KE as to pension entitlements and appointment as a reserve associate judge.\n\nS. 17B(1A) inserted by No. 22/1995  \ns. 26(2), amended by No. 24/2008 s. 56(2)(b).\n\n(1A) An associate judge who—\n\nS. 17B(1A)(a) amended by No. 24/2008 s. 56(2)(b)(ii).\n\n(a) had attained the age of 60 years when appointed as an associate judge; and\n\n(b) has attained the age of 70 years—\n\nis, on resignation or retirement, entitled to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had held office for 10 years that is equal to the proportion of 10 years during which he or she held office as an associate judge.\n\nS. 17B(1B) inserted by No. 22/1995  \ns. 26(2), amended by No. 24/2008 s. 56(2)(c)(i).\n\n(1B) An associate judge who—\n\nS. 17B(1B)(a) amended by No. 24/2008 s. 56(2)(c)(ii).\n\n(a) had attained the age of 60 years when appointed as an associate judge; and\n\n(b) has become afflicted with a permanent incapacity that disables him or her from the due execution of the office—\n\nis, on resignation or retirement, entitled to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (1A) if he or she had held office until attaining the age of 70 years.\n\nS. 17B(2) amended by Nos 23/2008 s. 13(2)(a)(b), 24/2008 s. 56(2)(d).\n\n(2) On the death of an associate judge, a former associate judge or a former master his or her partner is, until death or marriage or until the partner becomes the domestic partner of another person, entitled to a pension payable fortnightly at the annual rate of 3/8ths of the annual salary for the time being applicable to the former office of the associate judge, former associate judge or the office of associate judge that is equivalent to the former office of the former master, as the case requires.\n\nS. 17B(3) amended by Nos 23/2008 s. 13(2)(a)(c), 24/2008 s. 56(2)(e).\n\n(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.\n\nS. 17B(4) amended by No. 24/2008 s. 56(2)(f).\n\n(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.\n\nS. 17B(5) amended by Nos 23/2008 s. 14, 24/2008 s. 56(2)(g).\n\n(5) An eligible child of an associate judge, a former associate judge or former master is a child, adopted child or stepchild of the associate judge, former associate judge or former master or his or her partner—\n\n(a) who is under the age of 16; or\n\n(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.\n\n(6) A pension payable under subsection (4) shall be paid to such person or persons as the Attorney-General directs.\n\nS. 17B(7) amended by No. 24/2008 s. 56(2)(h).\n\n(7) The right of a former master or former associate judge to a pension under this section—\n\n(a) ceases if he or she accepts appointment to a judicial office in or outside Victoria;\n\n(b) is suspended while—\n\n(i) he or she holds an office or place of profit under the Crown in right of the Commonwealth or of a State; or\n\nS. 17B(7)(b)(ii) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.6  \n(a)–(c)).\n\n(ii) he or she is engaged in legal practice in any State or Territory of the Commonwealth or is employed by a legal practitioner in connection with the practitioner's legal practice in any such State or Territory.\n\nS. 17B(8) amended by No. 63/2013 s. 36(2).\n\n(8) Subject to subsection (8A), subsection (7) applies unless the Governor in Council by Order otherwise determines in any particular case.\n\nS. 17B(8A) inserted by No. 63/2013 s. 36(3).\n\n(8A) Subsection (7) does not apply to a reserve associate judge.\n\nS. 17B(9) amended by No. 24/2008 s. 56(2)(i).\n\n(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 17A(2)(d).\n\n(10) This section does not apply to or in relation to a master who resigned or retired before the commencement of section 6 of the **Courts (Amendment) Act 1990**.\n\nS. 17B(10A) inserted by No. 23/2008 s. 15.\n\n(10A) Subsections (7) to (21) of section 14 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 14.\n\nS. 17B(11) amended by No. 19/2001 s. 14.\n\n(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.\n\nS. 17B(12) inserted by No. 24/2008 s. 56(3).\n\n(12) For the purposes of this section, service as a master before the commencement of section 53 of the **Courts Legislation Amendment (Associate Judges) Act 2008** shall count as service as an associate judge.\n\nS. 17B(12A) inserted by No. 29/2015 s. 65.\n\n(12A) For the purposes of this section, if any associate judge was immediately prior to the associate judge's appointment the holder of a recognised service office, the person's service in the recognised service office shall count as service as an associate judge.\n\nS. 17B(12B) inserted by No. 29/2015 s. 65.\n\n(12B) Without limiting subsection (12A), if an associate judge who held a recognised service office immediately prior to the associate judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person.\n\nS. 17B(12C) inserted by No. 29/2015 s. 65.\n\n(12C) For the purposes of this section—\n\nS. 17B(12C) def. of *recognised service office* amended by No. 31/2024 s. 113(Sch. 1 item 5.2).\n\n***recognised service office*** means the following offices—\n\n(a) judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia);\n\n(b) Chief Magistrate where the appointment as Chief Magistrate was made on or after 6 March 2001;\n\n(c) master or associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia);\n\n(d) Solicitor-General;\n\n(e) Director of Public Prosecutions;\n\n(f) Chief Crown Prosecutor;\n\n(g) Senior Crown Prosecutor;\n\n(h) the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(i) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011**.\n\nS. 17B(13) inserted by No. 24/2008 s. 56(3).\n\n(13) In this section, ***former master*** means a master who resigned, retired or died before the commencement of section 56 of the **Courts Legislation Amendment (Associate Judges) Act 2008**.\n\nS. 17B(14) inserted by No. 16/2016 s. 194.\n\n(14) For the purposes of this section, a reference to the resignation or retirement of an associate judge includes a reference to the removal of an associate judge from office by the Governor in Council under section 87AAB of the **Constitution Act 1975** on the ground of proved incapacity if both Houses of the Parliament pray for the removal solely on the ground of proved incapacity.\n\nS. 17B(15) inserted by No. 16/2016 s. 194.\n\n(15) A removal referred to in subsection (14) is taken to be a resignation or retirement due to the associate judge having become afflicted with some permanent incapacity disabling the associate judge from the due execution of the associate judge's office.\n\nS. 17BA inserted by No. 63/2013 s. 73.\n\n\t17BA Effect of part-time service arrangement on pensions of associate judges\n\n(1) If an associate judge has served under a part-time service arrangement, his or her pension under section 17B, and any pension payable in relation to the associate judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).\n\n(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—\n\n(a) the proportion of service that occurs during the period when the associate judge served in the office of associate judge;\n\n(b) if the associate judge is eligible for a pension under section 17B(1)(a), the proportion of service that occurs within the 10 year period immediately before the associate judge's retirement or resignation;\n\n(c) if the associate judge is eligible for a pension under section 17B(1)(aa), the proportion of service that occurs in the periods in office that—\n\n(i) involve the highest proportion of full-time duties; and\n\n(ii) cumulatively total 20 years.\n\n(3) If an associate judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the associate judge's period of office had ended on a date between that date of qualification and the date the associate judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).\n\n***judicial service*** means the sum of—\n\n(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\n\n(b) all full-time service performed by the associate judge;\n\n***proportion of service*** means the judicial service during the relevant period divided by the relevant period.\n\nAssociate 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—\n\n(a) first 8 years as an associate judge is part-time service at 0∙8 of full-time service;\n\n(b) next 7 years as an associate judge is full-time service.\n\nAt 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  \n(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).\n\nThe proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94  \n(i.e. 9∙4 ÷ 10) and these are the relevant factors.  \nSubsection (3) does not alter the relevant factor in this case.\n\nThe 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.\n\nS. 17C (Heading) amended by No. 24/2008 s. 57(1).\n\nS. 17C  \n\n","sortOrder":50},{"sectionNumber":"17C","sectionType":"section","heading":"Election of associate judges to commute future pensions for payment of superannuation contributions surcharge","content":"\t17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge\n\nS. 17C(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 57(2)(a).\n\n(1) An associate judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act.\n\nS. 17C(2) amended by No. 24/2008 s. 57(2)(b).\n\n(2) An associate judge may by notice in writing to the Minister revoke his or her election under subsection (1).\n\nS. 17D (Heading) amended by No. 24/2008 s. 58(1).\n\nS. 17D  \n\n","sortOrder":51},{"sectionNumber":"17D","sectionType":"section","heading":"Actuary's first calculation after election of associate judges to commute pensions","content":"\t17D Actuary's first calculation after election of associate judges to commute pensions\n\nS. 17D(1) amended by No. 24/2008 s. 58(2)(a)(i).\n\n(1) If an election under section 17C is in operation, within 10 days after the day on which an associate judge resigns, retires or dies while in office, the Minister must—\n\nS. 17D(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(a)(ii)(b).\n\n(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\n\nS. 17D(1)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(a)(ii)(b).\n\n(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).\n\nS. 17D(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b)(c).\n\n(2) A former associate judge or, if he or she has died, the former associate judge's partner or eligible child may revoke the election under section 17C within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 17D(3) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b).\n\n(3) If an election under section 17C is in operation, the former associate judge's pension and any future entitlement of the former associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).\n\n(4) For the purposes of subsection (1)—\n\nS. 17D(4)(a) amended by No. 24/2008 s. 58(2)(b)(c).\n\n(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\n\nS. 17D(4)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(2)(b)(c).\n\n(b) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the associate judge's partner and eligible children on the day on which the associate judge resigned, retired or died while in office; and\n\n(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\n\n(d) each reduction must be applied from the entitlement day according to paragraph (a) or (b).\n\nS. 17E (Heading) amended by No. 24/2008 s. 58(3).\n\nS. 17E  \n\n","sortOrder":52},{"sectionNumber":"17E","sectionType":"section","heading":"Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums","content":"\t17E Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums\n\nS. 17E(1) amended by Nos 23/2008 s. 13(3)(4), 24/2008 s. 58(4).\n\n(1) If an election under section 17C is in operation, a former associate judge or, if he or she has died, the associate judge's partner or eligible child must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the associate judge's pension or his or her partner's or eligible child's pension, lodge with the Minister—\n\nS. 17E(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(4)(b).\n\n(a) a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former associate 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\n\n(b) a copy of the superannuation contributions surcharge notice.\n\n(2) Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary—\n\n(a) to review the determination made under section 17D(1); and\n\nS. 17E(2)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 58(4).\n\n(b) subject to section 17D(4), make any necessary adjustments to the determination and to the pension payable to the former associate judge and to any future entitlement of the former associate judge's partner or eligible child to a pension upon the associate judge's death.\n\n(3) If an election under section 17C is in operation and the Minister has received an authorisation under subsection (1), 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.\n\nS. 17F (Heading) amended by No. 24/2008 s. 59(1).\n\nS. 17F  \n\n","sortOrder":53},{"sectionNumber":"17F","sectionType":"section","heading":"Election of former associate judges to commute pensions for payment of superannuation contributions surcharge","content":"\t17F Election of former associate judges to commute pensions for payment of superannuation contributions surcharge\n\nS. 17F(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 59(2)(a).\n\n(1) If no election under section 17C is in operation, a former associate judge who is entitled to receive a pension under this Act may elect to have part of his or her pension and that of his or her partner or eligible child, if any, commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former associate judge or his or her partner or eligible child to receive a pension under this Act.\n\nS. 17F(2)(a) amended by Nos 23/2008 s. 13(4), 24/2008 s. 59(2)(b).\n\n(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 associate judge's pension or his or her partner's or eligible child's pension; and\n\n(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and\n\nS. 17F(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 59(2)(a).\n\n(c) authorise the Minister to pay the lump sum on behalf of the former associate 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\n\nS. 17G (Heading) amended by No. 24/2008 s. 60(1).\n\nS. 17G  \n\n","sortOrder":54},{"sectionNumber":"17G","sectionType":"section","heading":"Actuary's calculation after former associate judges' election to commute pensions","content":"\t17G Actuary's calculation after former associate judges' election to commute pensions\n\n(1) If an election under section 17F is in operation, the Minister must within 10 days after the day on which the Minister received the election—\n\nS. 17G(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2).\n\n(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 17H(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and\n\nS. 17G(1)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2).\n\n(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).\n\nS. 17G(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2).\n\n(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).\n\nS. 17H (Heading) amended by No. 24/2008 s. 61(1).\n\nS. 17H  \n\n","sortOrder":55},{"sectionNumber":"17H","sectionType":"section","heading":"Payment and commutation of pensions of former associate judges","content":"\t17H Payment and commutation of pensions of former associate judges\n\n(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.\n\nS. 17H(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2)(a).\n\n(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.\n\n(3) For the purposes of section 17G—\n\nS. 17H(3)(a) amended by No. 24/2008 s. 61(2).\n\n(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\n\nS. 17H(3)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2).\n\n(b) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the associate judge's partner and eligible children on the day on which the associate judge resigned or retired; and\n\n(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\n\n(d) the reduction must be applied from the day of payment of the lump sum under subsection (1).\n\nS. 17I  \n(Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 62(1).\n\nS. 17I  \ninserted by No. 19/2001 s. 15,\n\n\t17I Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge\n\nS. 17I(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2).\n\n(1) If no election made under section 17C or 17F is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former associate judge to receive a pension under this Act or the entitlement of the deceased former associate judge's partner or eligible child to receive a pension under this Act.\n\nS. 17I(2)(a) amended by Nos 23/2008 s. 13(4), 24/2008 s. 62(2)(b).\n\n(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\n\n(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and\n\nS. 17I(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2)(a).\n\n(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\n\nS. 17J (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 63(1).\n\nS. 17J  \n\n\t17J Actuary's calculation of reduction of pensions of associate judges' partners and eligible children\n\n(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—\n\nS. 17J(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2).\n\n(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) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and\n\n(b) notify the person of the actuary's determination under subsection (1)(a).\n\nS. 17J(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2).\n\n(2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may revoke his or her election under section 17I within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 17K (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 64(1).\n\nS. 17K  \n\n\t17K Payment and commutation of pensions of former associate judges' partners and eligible children\n\n(1) If an election under section 17I 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.\n\nS. 17K(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a).\n\n(2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former associate judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 17J.\n\n(3) For the purposes of section 17J—\n\nS. 17K(3)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(b).\n\n(a) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of—\n\nS. 17K(3)(a)(i) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a).\n\n(i) an amount equal to the total pension entitlement of the associate judge and his or her partner and eligible children on the day on which the associate judge resigned or retired; or\n\nS. 17K(3)(a)(ii) amended by Nos 23/2008 s. 13(4), 24/2008 s. 64(2).\n\n(ii) in the case of the associate judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the associate judge died; and\n\n(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and\n\n(c) the reduction must be applied from the day of payment of the lump sum under subsection (1).\n\nPt 1 Div. 3AB (Heading and ss 17KA–17KI) inserted by No. 63/2013 s. 37.\n\nDivision 3AB—Reserve associate judges\n\nS. 17KA inserted by No. 63/2013 s. 37.\n\n\t17KA Appointment of reserve associate judges\n\n(1) The Governor in Council may appoint as many reserve associate judges as are necessary for transacting the business of the court.\n\n(2) A person is not eligible for appointment as a reserve associate judge unless he or she—\n\n(a) has not attained the age of 78 years; and\n\n(b) is, or has been—\n\n(i) an associate judge; or\n\n(ii) an associate judge or a master (however designated) of a District Court of another State.\n\n(3) The instrument of appointment of a person as a reserve associate judge must specify the terms and conditions of appointment.\n\n(4) A reserve associate judge is eligible for re‑appointment as a reserve associate judge.\n\nS. 17KB inserted by No. 63/2013 s. 37.\n\n\t17KB Cessation of office\n\n(1) A reserve associate judge ceases to hold office on the earlier of—\n\n(a) the end of 5 years from the date of his or her appointment as a reserve associate judge; or\n\n(b) attaining the age of 78 years.\n\n(2) A reserve associate judge may resign by sending his or her resignation in writing to the Governor.\n\n(3) A reserve associate judge may only be removed from office in the same way and on the same grounds as an associate judge is liable to be removed from office.\n\nS. 17KC inserted by No. 63/2013 s. 37.\n\n\t17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge\n\n(1) The Chief Judge may, from time to time, by notice in writing, engage a reserve associate judge to undertake the duties of an associate judge—\n\n(a) on a full time basis; or\n\n(b) on a sessional basis.\n\n(2) Without limiting subsection (1), an engagement under that subsection—\n\n(a) may specify the duties that a reserve associate judge is to undertake; and\n\n(b) must specify the period of the engagement.\n\n(3) The Chief Judge does not have the power to revoke or amend a notice of engagement under subsection (1), other than with the consent of the reserve associate judge.\n\n(4) An engagement under subsection (1) must not exceed 6 months.\n\n(5) For the purpose of deciding whether, when, or on what basis to engage a reserve associate judge to undertake duties, the Chief Judge may request the reserve associate judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made.\n\nS. 17KD inserted by No. 63/2013 s. 37.\n\n\t17KD Powers, jurisdiction, immunities and protection of reserve associate judge\n\nSubject to this Act, a reserve associate judge has the same powers, jurisdiction, immunities and protection as an associate judge when undertaking the duties of an associate judge in accordance with an engagement under section 17KC.\n\nS. 17KE inserted by No. 63/2013 s. 37.\n\n\t17KE Pension rights and service not affected by being a reserve associate judge\n\n(1) Service as a reserve associate judge does not count as service in the office of associate judge for the purposes of section 14(5)(aa) or 17B.\n\n(2) Despite section 17B(7), appointment as a reserve associate judge does not affect the right of an associate judge to a pension under section 17B.\n\nS. 17KF inserted by No. 63/2013 s. 37.\n\n\t17KF Engaging in legal practice or other paid employment\n\n(1) Except with the approval of the Chief Judge, a reserve associate judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI.\n\n(2) Except with the approval of the Chief Judge, a reserve associate judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve associate judge receives remuneration while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI.\n\nS. 17KG (Heading) amended by No. 29/2015 s. 83(1).\n\nS. 17KG inserted by No. 63/2013 s. 37.\n\n\t17KG Salary, allowances and conditions of service of reserve associate judges\n\nS. 17KG(1) substituted by No. 29/2015 s. 83(2).\n\n(1) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the **Judicial Entitlements Act 2015**.\n\nS. 17KG(2) substituted by No. 29/2015 s. 83(2).\n\n(2) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the **Judicial Entitlements Act 2015**.\n\nS. 17KG(3)–(9) repealed by No. 29/2015 s. 83(3).\n\nS. 17KG(10) amended by No. 29/2015 s. 83(4).\n\n(10) Despite subsection (1), a reserve associate judge who is also a serving associate judge or master (however designated) of a court of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.\n\nS. 17KG(11) repealed by No. 29/2015 s. 83(3).\n\nS. 17KH inserted by No. 63/2013 s. 37, amended by No. 29/2015 s. 66(ILA s. 39B(1)).\n\n\t17KH Appropriation of certain amounts in relation to reserve associate judges\n\n(1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—\n\n(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve associate judges; and\n\n(b) premiums and other amounts payable under the **Accident Compensation (WorkCover Insurance) Act 1993** in respect of any reserve associate judge; and\n\n(c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to any reserve associate judge; and\n\n(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve associate judge; and\n\n(e) superannuation contributions within the meaning of the **Payroll Tax Act 2007** payable in respect of any reserve associate judge.\n\nS. 17KH inserted by No. 29/2015 s. 66.\n\n(2) In this section, ***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**.\n\nS. 17KI inserted by No. 63/2013 s. 37.\n\n\t17KI Power to complete matters—associate judges and reserve associate judges\n\n(1) This section applies to—\n\n(a) an associate judge whose appointment under section 17A ceases under section 17A(2)(a) or (d);\n\n(b) a reserve associate judge engaged under section 17KC whose engagement expires;\n\n(c) a reserve associate judge engaged under section 17KC—\n\n(i) whose engagement expires; and\n\n(ii) whose appointment as a reserve associate judge ceases, other than by way of resignation—\n\nbut only if at the time of that cessation or expiry the associate judge or reserve associate judge had a matter—\n\n(d) that was part-heard before him or her; or\n\n(e) in respect of which his or her decision or determination is pending.\n\n(2) Subject to subsection (4), a former associate judge, reserve associate judge or former reserve associate judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former associate judge, reserve associate judge or former reserve associate judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or expiry of his or her engagement.\n\n(3) For the purposes of subsection (2)—\n\n(a) a reserve associate judge to whom this section applies whose engagement has expired is taken to be engaged under section 17KC; and\n\n(b) a former associate judge or former reserve associate judge to whom this section applies—\n\n(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\n\n(ii) is taken to be a reserve associate judge engaged under section 17KC; and\n\n(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\n\n(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.\n\n(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—\n\n(a) the completion of the matters referred to in subsection (2); or\n\n(b) 6 months from the date of that appointment or engagement; or\n\n(c) the person being appointed under section 17KA as a reserve associate judge.\n\n(5) A person to whom this section applies may resign his or her office as reserve associate judge under this section by notice in writing to the Governor.\n\n(6) Nothing in this section prevents a person being appointed as a reserve associate judge under section 17KA at any time, if he or she is eligible to be so appointed.\n\n(7) Nothing in this section affects the operation of section 15.\n\nPt 1 Div. 3B (Heading and ss 17L–17V) inserted by No. 34/2010 s. 33.\n\n","sortOrder":56},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Judicial registrars","content":"Division 3B—Judicial registrars\n\nS. 17L inserted by No. 34/2010 s. 33.\n\n","sortOrder":57},{"sectionNumber":"17L","sectionType":"section","heading":"Assignment of duties","content":"\t17L Assignment of duties\n\n(1) The Chief Judge may assign duties to a judicial registrar.\n\n(2) A judicial registrar must—\n\n(a) carry out the duties that are from time to time assigned to him or her by the Chief Judge; and\n\n(b) subject to section 4(1C), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the Rules.\n\nS. 17M inserted by No. 34/2010 s. 33.\n\n","sortOrder":58},{"sectionNumber":"17M","sectionType":"section","heading":"Guidelines relating to the appointment of judicial registrars","content":"\t17M Guidelines relating to the appointment of judicial registrars\n\n(1) The Chief Judge, in consultation with the Attorney-General may—\n\nS. 17M(1)(a) amended by No. 62/2014 s. 85.\n\n(a) prepare guidelines relating to the appointment (including re‑appointment) of judicial registrars of the court; and\n\n(b) from time to time amend or revoke any guidelines prepared under paragraph (a).\n\n(2) As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the Chief Judge must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.\n\nS. 17N inserted by No. 34/2010 s. 33.\n\n","sortOrder":59},{"sectionNumber":"17N","sectionType":"section","heading":"Recommendation for appointment of judicial registrars","content":"\t17N Recommendation for appointment of judicial registrars\n\n(1) The Chief Judge may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the court be appointed by the Governor in Council.\n\n(2) In making a recommendation under subsection (1), the Chief Judge must have regard to any guidelines in force under section 17M(1).\n\n(3) On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the court be appointed under section 17O.\n\nS. 17O inserted by No. 34/2010 s. 33.\n\n","sortOrder":60},{"sectionNumber":"17O","sectionType":"section","heading":"Appointment by Governor in Council","content":"\t17O Appointment by Governor in Council\n\n(1) On the recommendation of the Attorney-General under section 17N, the Governor in Council may appoint a person as a judicial registrar of the court for the period, not exceeding 5 years, specified in his or her instrument of appointment.\n\nS. 17O(2) amended by No. 17/2014 s. 160(Sch. 2 item 26.2(a)).\n\n(2) A person is not eligible for appointment as a judicial registrar unless he or she is, and has been for not less than 5 years—\n\nS. 17O(2)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 26.2(b)).\n\n(a) an Australian lawyer; or\n\nS. 17O(2)(b) substituted by No. 17/2014 s. 160(Sch. 2 item 26.2(b)).\n\n(b) enrolled as a legal practitioner of the High Court of Australia.\n\n(3) A judicial registrar may be appointed on a full‑time or part-time basis.\n\n(4) A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Judge, undertake the duties of a judicial registrar on a part-time basis.\n\nS. 17O(5) amended by No. 62/2014 s. 86.\n\n(5) A judicial registrar is eligible for re‑appointment in accordance with section 17N and this section if the Chief Judge recommends to the Attorney-General that the person be re-appointed.\n\n(6) The **Public Administration Act 2004** does not apply to a judicial registrar in respect of the office of judicial registrar.\n\nS. 17P inserted by No. 34/2010 s. 33.\n\n","sortOrder":61},{"sectionNumber":"17P","sectionType":"section","heading":"Remuneration and terms and conditions of appointment","content":"\t17P Remuneration and terms and conditions of appointment\n\nS. 17P(1) amended by No. 29/2015 s. 67(1).\n\n(1) A judicial registrar is entitled to the terms and conditions including remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.\n\nS. 17P(2) repealed by No. 29/2015 s. 67(2).\n\n(3) Except with the approval of the Attorney-General, a judicial registrar must not—\n\n(a) engage in legal practice; or\n\n(b) undertake paid employment; or\n\n(c) conduct a business, trade or profession of any kind.\n\n(4) A judicial registrar must disclose to the Chief Judge in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.\n\n(5) Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the **Public** **Administration Act 2004**) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.\n\nS. 17P(6) inserted by No. 29/2015 s. 67(3).\n\n(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—\n\n(a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and\n\n(b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of any judicial registrar; and\n\n(c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to any judicial registrar; and\n\n(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and\n\n(e) superannuation contributions within the meaning of the **Payroll Tax Act 2007** payable in respect of any judicial registrar.\n\nS. 17P(7) inserted by No. 29/2015 s. 67(3).\n\n(7) In this section, ***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**.\n\nS. 17P(8) inserted by No. 62/2014 s. 87.\n\n(8) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced.\n\nS. 17PA inserted by No. 62/2014 s. 88.\n\n\t17PA Oath or affirmation of office\n\n(1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner.\n\n(2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial registrar on or after the commencement of section 88 of the **Courts Legislation Miscellaneous Amendments Act 2014**.\n\n(3) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a judicial registrar.\n\nS. 17Q inserted by No. 34/2010 s. 33.\n\n","sortOrder":62},{"sectionNumber":"17Q","sectionType":"section","heading":"Resignation from office","content":"\t17Q Resignation from office\n\nA judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.\n\nSs 17R–17T inserted by No. 34/2010 s. 33,  \nrepealed by No. 16/2016 s. 195.\n\nS. 17U inserted by No. 34/2010 s. 33.\n\n","sortOrder":63},{"sectionNumber":"17U","sectionType":"section","heading":"Performance of duties by judicial registrar","content":"\t17U Performance of duties by judicial registrar\n\n(1) A judicial registrar—\n\n(a) must not hear, or continue to hear, a proceeding that the judicial registrar considers for any reason inappropriate for hearing and determination by the court constituted by a judicial registrar; and\n\n(b) must make appropriate arrangements for the proceeding to be heard and determined by the court constituted by a judge or an associate judge.\n\n(2) Subject to this Act and the Rules, a judicial registrar, in the performance of his or her duties as judicial registrar, is not subject to the direction or control of any person or body.\n\n(3) In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.\n\nS. 17V inserted by No. 34/2010 s. 33, substituted by No. 62/2014 s. 89.\n\n","sortOrder":64},{"sectionNumber":"17V","sectionType":"section","heading":"Appeal from or review of determination of court constituted by judicial registrar","content":"\t17V Appeal from or review of determination of court constituted by judicial registrar\n\n(1) The Rules may provide for appeals from or reviews of a determination of the court constituted by a judicial registrar—\n\n(a) whether in respect of—\n\n(i) the hearing and determination of any proceeding (whether criminal or civil); or\n\n(ii) any interlocutory application; and\n\n(b) whether in respect of specified kinds of application or proceeding or generally; and\n\n(c) by specifying whether the procedure is by way of appeal or review or both; and\n\n(d) by specifying the way in which the court may be constituted for those appeals or reviews.\n\n(2) The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 78.\n\n(3) Unless the Rules otherwise provide, a determination of the court constituted by a judicial registrar may be appealed from or reviewed—\n\n(a) on application of a party to the proceeding; or\n\n(b) on the court's own motion.\n\n(4) If the Rules do not provide for an appeal from or a review of a determination of the court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted—\n\n(a) by way of hearing de novo by the court constituted by a judge of the court; and\n\n(b) otherwise in accordance with the Rules, if any.\n\n","sortOrder":65},{"sectionNumber":"Div 4","sectionType":"division","heading":"Registrars","content":"Division 4—Registrars\n\nNo. 6117 s. 18.\n\nS. 18 amended by No. 8625 s. 6, substituted by No. 19/1989 s. 7(l).\n\n","sortOrder":66},{"sectionNumber":"18","sectionType":"section","heading":"Appointment of registrar and deputy registrars[[2]](#endnote-3)","content":"\t18 Appointment of registrar and deputy registrars[[2]](#endnote-3)\n\nS. 18(1) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 47).\n\n(1) For the purposes of this Act and to assist in the administration of the court there are, subject to the **Public Administration Act 2004**, to be appointed—\n\n(a) a registrar; and\n\n(b) as many deputy registrars as are necessary.\n\n(2) At every place at which the court sits there shall be one or more deputy registrars.\n\n(3) The registrar and deputy registrars have the duties, powers and functions provided by this or any other Act, the regulations and the Rules.\n\n(4) The registrar and deputy registrars in the exercise of their powers and performance of their functions are subject to the directions of the Chief Judge.\n\n(5) A deputy registrar may, subject to this Act, the regulations and the Rules and to any directions of the registrar, exercise any of the powers or perform any of the functions of the registrar.\n\n(6) A deputy registrar while acting under an appointment under subsection (1) has the same powers and privileges and is subject to the same provisions, duties and penalties for misbehaviour as if he or she were the registrar of the court.\n\nS. 19  \nrepealed by No. 19/1989 s. 7(m),  \nnew s. 19 inserted by No. 64/2010 s. 62.\n\n","sortOrder":67},{"sectionNumber":"19","sectionType":"section","heading":"Protection of registrars","content":"\t19 Protection of registrars\n\n(1) A registrar has, in the performance of his or her duties as a registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge.\n\n(2) A deputy registrar has, in the performance of his or her duties as a deputy registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge.\n\nS. 20 amended by Nos 6951 s. 3(a)–(d), 9007 s. 2(b), repealed by No. 19/1989 s. 7(m).\n\nNo. 6117 s. 21.\n\n","sortOrder":68},{"sectionNumber":"21","sectionType":"section","heading":"Duties of registrar","content":"\t21 Duties of registrar\n\nS. 21(1) amended by No. 19/1989 s. 7(n)(i).\n\n(1) The registrar or deputy registrar of the court at each place at which the court is held shall—\n\nS. 21(1)(a) amended by Nos 7651 s. 2(1)(Sch. 1 Pt 2 item 2(a)), 7705 s. 9(d)(i).\n\n(a) issue all summonses warrants and other process;\n\nS. 21(1)(b) amended by Nos 7705 s. 9(d)(i), 19/1989 s. 7(n)(ii).\n\n(b) make lists of all proceedings for hearing further hearing or rehearing;\n\n(c) make entries in the register of all verdicts orders and judgments of the court at that place;\n\nS. 21(1)(ca) inserted by No. 7705 s. 9(d)(i).\n\n(ca) arraign prisoners;\n\nS. 21(1)(cb) inserted by No. 7705 s. 9(d)(i).\n\n(cb) enter appeals;\n\nS. 21(1)(cc) inserted by No. 7705 s. 9(d)(i).\n\n(cc) file convictions orders and other records and perform any acts necessary to give effect to the judgments or orders of the court;\n\nS. 21(1)(cd) inserted by No. 19/1989 s. 7(n)(iii).\n\n(cd) file and authenticate judgments and orders and perform any acts necessary to give effect to the judgments or orders of the court in any civil proceeding;\n\n(d) discharge all other duties and powers imposed or conferred on them under or in pursuance of this Act or according to the rules and keep an account of all proceedings of the court at that place;\n\n(e) take charge of and keep an account of all court fees and fines payable or paid into court at that place and of all moneys paid into and out of court at that place; and\n\n(f) enter an account of all such fees fines and moneys in such manner and form and in such books or otherwise as are prescribed by the rules.\n\nS. 21(2) amended by Nos 7705 s. 9(d)(ii), 19/1989 s. 7(o)(i)(ii).\n\n(2) Such entries in the said register books and documents respectively, or a copy thereof respectively bearing the seal of the court and signed and certified as a true copy by the registrar or deputy registrar of the court at that place shall at all times be admitted in all courts and places whatsoever as evidence of such entries and of the proceedings referred to by such entry entries or documents and of the regularity of such proceedings without any further proof.\n\nS. 21A inserted by No. 10013 s. 3.\n\n","sortOrder":69},{"sectionNumber":"21A","sectionType":"section","heading":"Moneys held under Act may be invested","content":"\t21A Moneys held under Act may be invested\n\n(1) Except as otherwise expressly provided, where any moneys are held by the registrar or other officer of the court—\n\n(a) under the Trust Account;\n\n(b) under the Appeal Bail Account;\n\n(c) under the Trial Bail Account; or\n\n(d) under the Witness Account—\n\nof the Court, the whole or any part of the moneys, whether already in a state of investment or not, may be invested in one or more of the following ways:\n\nS. 21A(1)(e) repealed by No. 11/2001 s. 3(Sch. item 17).\n\nS. 21A(1)(f) repealed by No. 18/1994  \ns. 66(Sch. 2 item 4).\n\n(g) In any manner in which trust funds may be invested by a trustee under the **Trustee Act 1958**; or\n\n(h) On deposit in a fund prescribed by regulations made under this Act.\n\n(2) Notwithstanding anything to the contrary in any other Act or rule of law, all income derived from the investment of moneys pursuant to subsection (1) shall be paid into the Consolidated Fund.\n\nS. 6117 s. 22.\n\nS. 22 (Heading) inserted by No. 6/2018 s. 68(Sch. 2 item 33.1)\n\n","sortOrder":70},{"sectionNumber":"22","sectionType":"section","heading":"Power to registrar to administer oaths and affirmations","content":"\t22 Power to registrar to administer oaths and affirmations\n\nS. 22(1) amended by Nos 7705 s. 9(e), 19/1989 s. 7(p)(i)–(iii), 6/2018 s. 68(Sch. 2 item 33.2).\n\n(1) The registrar and every deputy registrar may take and administer affidavits depositions statutory declarations oaths and affirmations in relation to any proceeding.\n\nS. 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), substituted by No. 6/2018 s. 68(Sch. 2 item 33.3).\n\n(2) Any affidavit to be used in the court must be sworn or affirmed before an authorised affidavit taker within the meaning of the **Oaths and Affirmations Act 2018**.\n\nPt 1 Div. 4A (Heading and s. 22A) inserted by No. 51/2008 s. 7.\n\n","sortOrder":71},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Aboriginal elders and respected persons","content":"Division 4A—Aboriginal elders and respected persons\n\nS. 22A inserted by No. 51/2008 s. 7.\n\n","sortOrder":72},{"sectionNumber":"22A","sectionType":"section","heading":"Appointment of Aboriginal elders or respected persons","content":"\t22A Appointment of Aboriginal elders or respected persons\n\nS. 22A(1) amended by No. 3/2016 s. 11(1).\n\n(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.\n\nS. 22A(2) amended by No. 3/2016 s. 11(1).\n\n(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.\n\nS. 22A(3) amended by No. 3/2016 s. 11(1).\n\n(3) An Aboriginal elder or respected person may resign from office by writing signed by him or her and delivered to the Chief Executive Officer.\n\nS. 22A(4) inserted by No. 3/2016 s. 11(2).\n\n***Chief Executive Officer*** means the Chief Executive Officer of Court Services Victoria appointed under section 22 of the **Court Services Victoria Act 2014**.\n\n","sortOrder":73},{"sectionNumber":"Div 5","sectionType":"division","heading":"Bailiffs","content":"Division 5—Bailiffs\n\nNo. 6117 s. 23.\n\n","sortOrder":74},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of bailiffs and assistant bailiffs of County Court","content":"\t23 Appointment of bailiffs and assistant bailiffs of County Court\n\nS. 23(1) amended by No. 46/1998  \ns. 7(Sch. 1), substituted by No. 9/2009 s. 72(1).\n\n(1) The Governor in Council may appoint a person other than a sheriff's officer to be a bailiff of the County Court at any place.\n\nIn relation to sheriff's officers as bailiffs, see section 12 of the **Sheriff Act 2009**.\n\nS. 23(1A) inserted by No. 9/2009 s. 72(1).\n\n(1A) A person appointed under subsection (1) need not be an employee in the public service.\n\nS. 23(2) amended by No. 37/2014 s. 10(Sch. item 34.2).\n\n(2) Without affecting the operation of subsection (1) of this section the police officer who is for the time being in charge of any police station specified for the time being for the purposes of this section by Order of the Governor in Council published in the Government Gazette shall be a bailiff of the County Court at the place or places so specified for the purposes of this section.\n\nS. 23(3) amended by No. 37/2014 s. 10(Sch. item 34.2).\n\n(3) Any such bailiff may from time to time in writing appoint any police officer to assist such bailiff.\n\nS. 23(4) inserted by No. 7705 s. 6, amended by No. 1/2010 s. 103.\n\n(4) The bailiff at Melbourne may from time to time in writing appoint to assist him any person who is a process server.\n\nS. 23(5) inserted by No. 9/2009 s. 72(2).\n\n(5) In this section—\n\n***sheriff's officer*** has the same meaning as in the **Sheriff Act 2009**.\n\nNo. 6117 s. 24.\n\n","sortOrder":75},{"sectionNumber":"24","sectionType":"section","heading":"Bailiff's duty","content":"\t24 Bailiff's duty\n\nS. 24(1) amended by No. 19/1989 s. 7(r)(i)(ii).\n\n(1) The said bailiffs or one of them shall if required by the court attend every sitting of the court at any place for which they are appointed, unless when their absence is allowed for reasonable cause by the court; and shall by themselves or by the officers appointed to assist them as aforesaid serve all such summonses issued out of the court at that place as are delivered to them for service, and shall execute all the writs and other process issued out of the court at that place.\n\nS. 24(2) amended by No. 19/1989 s. 7(s).\n\n(2) The said bailiffs and officers shall in the execution of their duties conform to the rules, and subject thereunto to the order and direction of the court.\n\nS. 24(3) amended by No. 8883 s. 3.\n\n(3) The said bailiffs shall receive from the registrar and retain for their own use for and in respect of such duties as have been performed by them or by the officers appointed to assist them all fees and sums of money allowed as hereinafter mentioned in the name of fees payable to the bailiff, out of which they shall provide for the execution of the duties for which such fees are allowed and for the payment of the officers appointed to assist them.\n\n(4) Every such bailiff shall be responsible for all the acts and defaults of himself and of the officers appointed to assist him in like manner as the sheriff of Victoria is responsible for the acts and defaults of himself and his officers.\n\n(5) In respect of every place at which the court is held under this Act and at which the fees allowed to be taken by the bailiffs appear to be more than sufficient, the Governor in Council may declare that a certain specified part only of their fees shall be paid to them respectively; and in that case and so long as such order is in force, the amount of the residue of such fees shall be accounted for paid and applied in the same manner as all other fees payable to such registrar.\n\n","sortOrder":76},{"sectionNumber":"Div 6","sectionType":"division","heading":"Registrars, bailiffs and other officers","content":"Division 6—Registrars, bailiffs and other officers\n\nNo. 6117 s. 25.\n\nS. 25 amended by Nos 9554 s. 2(2)(Sch. 2 item 46), 19/1989 s. 7(t).\n\n","sortOrder":77},{"sectionNumber":"25","sectionType":"section","heading":"Penalty on officers for corrupt practices","content":"\t25 Penalty on officers for corrupt practices\n\nThe registrar and every deputy registrar, bailiff or other officer employed in putting this Act or any of the powers thereof in execution, who wilfully and corruptly exacts takes or accepts any fee or reward whatsoever, other than and except such fees as are appointed and allowed respectively as aforesaid for or on account of anything done or to be done by virtue of this Act, or on any account whatsoever relative to putting this Act into execution, shall on conviction thereof forfeit and pay any sum not exceeding 5 penalty units, and shall be for ever incapable of serving or being employed under this Act in any office of profit or emolument.\n\nNo. 6117 s. 26.\n\nS. 26 (Heading) inserted by No. 18/2005 s. 18(Sch. 1 item 25.4).\n\n","sortOrder":78},{"sectionNumber":"26","sectionType":"section","heading":"Registrar and bailiff to be distinct persons and not to act as legal practitioner","content":"\t26 Registrar and bailiff to be distinct persons and not to act as legal practitioner\n\nS. 26(1) amended by No. 19/1989 s. 7(u).\n\n(1) No registrar or deputy registrar or partner of any such registrar or deputy registrar or person in the service or employment of any such registrar or deputy registrar or of his partner shall act as bailiff and no bailiff or partner of any such bailiff or person in the service or employment of any such bailiff or of his partner shall act as registrar or deputy registrar; and no officer of the court shall either by himself or by his partner be directly or indirectly engaged as counsel practitioner or agent for any party in any proceedings in the court.\n\nS. 26(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 47), 19/1989 s. 7(v)(i)–(iii).\n\n(2) Every person who being a registrar or deputy registrar of the court or the partner of any such registrar or deputy registrar or a person in the service or employment of any such registrar or deputy registrar or of his partner accepts the office of bailiff of the court, or who being a bailiff of the court or the partner of any such bailiff or a person in the service or employment of any such bailiff or of his partner accepts the office of registrar or deputy registrar in the execution of this Act, and also every officer of the court who is by himself or his partner or in any way directly or indirectly concerned as counsel practitioner or agent for any party in any proceeding in the court, shall for every such offence forfeit and pay the sum of 5 penalty units with full costs of that proceeding to any person who sues for the same by proceeding in the Supreme Court.\n\nNo. 6117 s. 27.\n\nS. 27 amended by No. 19/1989 s. 7(w).\n\n","sortOrder":79},{"sectionNumber":"27","sectionType":"section","heading":"Registrar and bailiff to give security","content":"\t27 Registrar and bailiff to give security\n\nEvery registrar, deputy registrar and bailiff of the court who receives any moneys in the execution of his duty shall give security for such sum and in such manner and form as the Governor in Council from time to time directs for the due performance of their several offices, and for the due accounting for and payment of all moneys received by them under this Act or which they may become liable to pay for any misbehaviour in their office.\n\n","sortOrder":80},{"sectionNumber":"Div 7","sectionType":"division","heading":"Court fees","content":"Division 7—Court fees\n\nS. 28 amended by Nos 6951 s. 4, 7705 s. 9(f), 19/1989 s. 7(x)(i)(ii), 9/1995 s. 11(2), 64/1996 s. 14, 23/2012 s. 4, 70/2013 s. 3(Sch. 1 item 10), repealed by No. 15/2018 s. 9.\n\nS. 28A inserted by No. 7705 s. 9(g), amended by Nos 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 18.1), 19/1989 s. 7(y), 46/1998  \ns. 7(Sch. 1), 29/2010 s. 54(2), 37/2014 s. 10(Sch. item 34.2), 25/2023 s. 7(Sch. 1 item 5.1).\n\n","sortOrder":81},{"sectionNumber":"28A","sectionType":"section","heading":"Exemption from court fees","content":"\t28A Exemption from court fees\n\nThe registrar and every deputy registrar of the court shall demand receive and take for the use of His Majesty the several fees fixed by the rules to be paid in respect of proceedings in the criminal jurisdiction and the appellate jurisdiction of the court but except where otherwise expressly provided no such fee shall be demanded received or taken from any police officer acting in the execution of his duty or from any person acting for and by the authority of His Majesty or of the Secretary to the Department of Health or of any municipal council in the discharge of any right or duty imposed by any Act relating to the public health.\n\nPt 1 Div. 8 (Heading) amended by No. 19/1989 s. 7(z).\n\n","sortOrder":82},{"sectionNumber":"Div 8","sectionType":"division","heading":"Proceedings against officers","content":"Division 8—Proceedings against officers\n\nNo. 6117 s. 29.\n\n","sortOrder":83},{"sectionNumber":"29","sectionType":"section","heading":"Proceedings against registrars etc.","content":"\t29 Proceedings against registrars etc.\n\nS. 29(1) amended by No. 19/1989 s. 7(za)(i)–(iv).\n\n(1) In every proceeding against the registrar or a deputy registrar for anything done in obedience to any warrant or other process issued by him under this Act, it shall be a sufficient justification for the registrar or deputy registrar to plead the judgment or order of the court and the warrant or other process thereon, without alleging or setting forth the previous proceedings or that the cause of action for which such judgment was recovered was cognizable by or sufficient evidence in support of such plea.\n\n(2) In any such case proof of the matters so pleaded shall be sufficient evidence in support of such plea.\n\nNo. 6117 s. 30.\n\n","sortOrder":84},{"sectionNumber":"30","sectionType":"section","heading":"Proceedings against bailiffs etc.","content":"\t30 Proceedings against bailiffs etc.\n\nS. 30(1) amended by No. 19/1989 s. 7(zb).\n\n(1) In every proceeding against a bailiff or any officer servant or agent of such bailiff or against the keeper of any gaol for anything done by such bailiff or by his command or authority or by such keeper in obedience to any warrant or other process issued under this Act, it shall be sufficient justification for such bailiff officer servant or agent or for such keeper to plead that he acted under such warrant or other process alone, without alleging that the same was made and issued within the jurisdiction of the court and without alleging or setting forth the judgment or previous proceedings in the same manner as the sheriff can and may justify under any writ issued out of the Supreme Court.\n\n(2) In any such case proof of the matters so pleaded shall be sufficient evidence in support of such plea.\n\nS. 31  \nrepealed by No. 19/1989 s. 7(zc).\n\nNo. 6117 s. 32.\n\n","sortOrder":85},{"sectionNumber":"32","sectionType":"section","heading":"Protection to bailiffs etc.","content":"\t32 Protection to bailiffs etc.\n\nS. 32(1) amended by No. 37/2014 s. 10(Sch. item 34.3(a)).\n\n(1) All police officers shall aid in the execution of every writ warrant or other process of execution under the provisions of this Act.\n\nS. 32(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 48), 19/1989 s. 7(zd), 57/1989  \ns. 3(Sch.  \nitem 37.3), 37/2014 s. 10(Sch. item 34.3(b)).\n\n(2) If any officer of the court or bailiff is assaulted while in the execution of his duty, or if any rescue is made or attempted to be made of any goods seized under process of the court, every person so offending shall be liable to a penalty of not more than 5 penalty units to be recovered upon proof of such offence by order of the Magistrates' Court.\n\nS. 32(3) amended by No. 68/2009 s. 97(Sch. item 35.11).\n\n(3) Such fine shall be directed to be paid either forthwith or within a certain time to be specified in such order, and if the same is not paid in the time specified therein the offender shall be imprisoned for a term of not more than three calendar months unless such fine is sooner paid.\n\nPt 1 Div. 9 (Heading) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.7).\n\n","sortOrder":86},{"sectionNumber":"Div 9","sectionType":"division","heading":"Legal practitioners—costs","content":"Division 9—Legal practitioners—costs\n\nNo. 6117 s. 33.\n\nS. 33 amended by Nos 7705 s. 9(h), 19/1989 s. 7(ze), 35/1996  \ns. 453(Sch. 1 item 15.8 (a)(b)).\n\n","sortOrder":87},{"sectionNumber":"33","sectionType":"section","heading":"Fees to legal practitioners to be fixed by the judges","content":"\t33 Fees to legal practitioners to be fixed by the judges\n\nThe fees to be allowed to legal practitioners practising in the court and the expenses to be paid to witnesses shall be those fixed by the scale in the rules under this Act but the costs of employing practitioners either by the plaintiff or defendant shall not be allowed as costs in the cause in any civil case in which the amount recovered does not exceed $20 unless the court allows the same.\n\nNo. 6117 s. 34.\n\n","sortOrder":88},{"sectionNumber":"34","sectionType":"section","heading":"Power to recover excessive fees","content":"\t34 Power to recover excessive fees\n\nS. 34(1) amended by Nos 19/1989 s. 7(zf)(i)–(v), 35/1996  \ns. 453(Sch. 1 item 15.9  \n(a)(i)–(iv)).\n\n(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.\n\nS. 34(2) amended by Nos 19/1989 s. 7(zg), 35/1996  \ns. 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).\n\n(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.\n\nPart II—Jurisdiction\n\nPt 2 Div. 1 (Heading) amended by No. 7705 s. 9(j).\n\nDivision 1—Sittings of the court\n\nNo. 6117 s. 35.\n\n","sortOrder":89},{"sectionNumber":"35","sectionType":"section","heading":"Court of record","content":"\t35 Court of record\n\nS. 35(1) repealed by No. 19/1989 s. 8(a).\n\n(2) The County Court shall be a court of record.\n\nS. 35(3)(4) repealed by No. 19/1989 s. 8(a).\n\nS. 35(5) amended by S.R. No. 371/1973  \nreg. 2, repealed by No. 19/1989 s. 8(a).\n\nNo. 6117 s. 36.\n\nS. 36 amended by Nos 19/1989 s. 8(b)(i)(ii), 68/2009 s. 97(Sch. item 35.12).\n\n","sortOrder":90},{"sectionNumber":"36","sectionType":"section","heading":"Proceedings arising outside Victoria","content":"\t36 Proceedings arising outside Victoria\n\nThe court shall have power to hear and determine every proceeding in respect of which jurisdiction is conferred upon it by this or any other Act, notwithstanding that part of the cause of action arose outside Victoria, provided that a material part of the cause of action arose within Victoria, and shall have power to hear and determine every such proceeding notwithstanding that the whole cause of action arose outside Victoria, provided that the defendant or accused resided within Victoria at the time of the service of the originating process upon such defendant or accused.\n\nS. 36AA inserted by No. 11/2021 s. 53.\n\n\t36AA Court may determine matter or proceeding without oral hearing\n\n(1) The court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—\n\n(a) if the court is satisfied that it is in the interests of justice to do so; and\n\n(b) whether or not the parties consent to the court doing so.\n\n(2) Subsection (1) does not apply to a criminal proceeding or a matter in a criminal proceeding.\n\nSection 337A of the **Criminal Procedure Act 2009** provides similarly for criminal proceedings. See also section 201 of that Act.\n\n(3) For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the court shall have regard to—\n\n(a) the nature of the matter or proceeding; and\n\n(b) the right to a fair hearing; and\n\n(c) whether the parties have had the opportunity to obtain legal advice; and\n\n(d) whether the parties consent to the court doing so.\n\n(4) Nothing in this section affects any other power of the court to determine a matter or a proceeding without an oral hearing.\n\nPt 2 Div. 1A (Heading) inserted by No. 7705 s. 7.\n\n","sortOrder":91},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Criminal jurisdiction","content":"Division 1A—Criminal jurisdiction\n\nS. 36A inserted by No. 7705 s. 7.\n\n","sortOrder":92},{"sectionNumber":"36A","sectionType":"section","heading":"Criminal jurisdiction of County Court","content":"\t36A Criminal jurisdiction of County Court\n\n(1) The court shall have jurisdiction to inquire into hear and determine and adjudge all indictable offences (whether committed before or after the commencement of the **County Court (Jurisdiction) Act 1968**) save and except the offences following (that is to say)—\n\n(a) treason and misprision of treason;\n\n(b) the offences referred to in sections 3, 10, 11 and 13 of the **Crimes Act 1958** and the offence referred to in section 130 of that Act of burglariously breaking and entering a dwelling house and assaulting with intent to murder a person therein;\n\n(c) attempts to murder;\n\nS. 36A(1)(d) repealed by No. 8132 s. 2.\n\n(e) unlawful combinations and conspiracies to commit any offence which when committed by one person is triable only in the Supreme Court;\n\n(f) offences which by any Act cannot be prosecuted or tried in the County Court.\n\n(2) Subject to subsection (1) and unless otherwise expressly provided the County Court shall have jurisdiction and powers with respect to indictable offences and the trial thereof as fully and amply to all intents and purposes as the Supreme Court of Victoria in like matters and the general principles of practice and procedure observed for the time being in the Supreme Court of Victoria with respect to the trial or determination of indictable offences shall be adopted and applied in the County Court.\n\nS. 36A(3)–(5) inserted by No. 10/1999 s. 27,  \nrepealed by No. 58/2013 s. 43.\n\nPt 2 Div. 2  \n(Heading and ss 37, 38) amended by Nos 7420 s. 2(a)(b), 8263 s. 2(a)–(c), 8291 s. 28(3), 9308 s. 2(a)(b), 9771 s. 31 (as amended by No. 16/1986 s. 11(6)), 9957 s. 3(a)(b), substituted as Pt 2 Div. 2 (Heading and ss 37–39) by No. 16/1986 s. 11(4).\n\nDivision 2—Civil jurisdiction\n\nNo. 6117 s. 37.\n\nS. 37 substituted by No. 16/1986 s. 11(4).\n\n","sortOrder":93},{"sectionNumber":"37","sectionType":"section","heading":"Extent of jurisdiction","content":"\t37 Extent of jurisdiction\n\n(1) The court has jurisdiction to hear and determine—\n\nS. 37(1)(a) amended by No. 19/1989 s. 8(c)(i).\n\n(a) all applications, claims, disputes and civil proceedings regardless of the type of relief sought or the subject-matter as are not by this or any other Act excluded from its jurisdiction; and\n\nS. 37(1)(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 items 18.2, 18.3), 19/1989 s. 8(c)(ii).\n\n(b) all civil proceedings against municipal councils in respect of loss or injury sustained by persons or property by reason of accidents, upon or while using any highway, street, road, bridge, ferry or jetty or upon or in or while using any paths or any land or building under the control of a municipal council; and\n\nS. 37(1)(c) amended by No. 19/1989 s. 8(c)(iii).\n\n(c) all other civil proceedings in respect of which jurisdiction is given to the court by this or any other Act.\n\nS. 37(2) amended by No. 19/1989 s. 8(d)(i)–(iii).\n\n(2) The court does not have jurisdiction to hear or determine any application, claim, dispute or other civil proceeding (other than proceedings to which subsection (1)(b) or (c) applies)—\n\nS. 37(2)(a)(b) repealed by No. 50/2006 s. 3(2).\n\nS. 37(2)(c) amended by No. 19/1989 s. 15(a).\n\n(c) brought by application for a prerogative writ or an order in the nature of a prerogative writ; or\n\n(d) brought upon a judgment of the Supreme Court.\n\nS. 37(3) inserted by No. 107/1986 s. 6(2), amended by No. 19/1989 s. 8(e)(i).\n\n(3) If a verdict is returned for or a judgment is given for an amount greater than the amount sought to be recovered in the civil proceeding by the plaintiff—\n\n(a) the court must find and record the amount of the verdict or judgment; and\n\nS. 37(3)(b) amended by No. 19/1989 s. 8(e)(ii).\n\n(b) the plaintiff may recover the full amount of the verdict or judgment or, if the full amount is liable to be reduced in accordance with Part V of the **Wrongs Act 1958**, the amount to which the full amount is so liable to be reduced, even if that full amount or reduced amount is greater than the amount sought to be recovered.\n\nNo. 6117 s. 38.\n\nS. 38 substituted by No. 16/1986 s. 11(4), amended by Nos 12/1989  \ns. 4(1)(Sch. 2 item 18.4), 19/1989 s. 8(f)(i)–(iii), 22/2006 s. 20, repealed by No. 50/2006 s. 3(3).\n\nNo. 6117 s. 39.\n\nS. 39 amended by No. 9957  \ns. 3(c), substituted by No. 16/1986 s. 11(4), amended by No. 107/1986 s. 6(1)(a).\n\n","sortOrder":94},{"sectionNumber":"39","sectionType":"section","heading":"Whether proceedings within jurisdictional limit","content":"\t39 Whether proceedings within jurisdictional limit\n\nS. 39(1) repealed by No. 50/2006 s. 3(4).\n\nS. 39(2) inserted by No. 107/1986 s. 6(1)(b), substituted by No. 85/1987 s. 3(b), amended by No. 19/1989 s. 8(g)(i).\n\n(2) If a civil proceeding is wholly or partly beyond the jurisdiction of the court, the court may—\n\nS. 39(2)(a) amended by No. 19/1989 s. 8(g)(ii)(iii).\n\n(a) amend the originating process for the purpose of bringing the proceeding within jurisdiction; or\n\nS. 39(2)(b) amended by Nos 19/1989 s. 8(g)(iii), 43/1991 s. 37(a).\n\n(b) order that the proceeding be stayed pending the making of an application under Part 3 of the **Courts (Case Transfer) Act 1991**; or\n\nS. 39(2)(c) amended by No. 19/1989 s. 8(g)(iii).\n\n(c) order that the proceeding be struck out and award costs as if the court had jurisdiction and the proceeding were dismissed.\n\nS. 39(3) inserted by No. 107/1986 s. 6(1)(b), substituted by No. 85/1987 s. 3(b).\n\n(3) If—\n\nS. 39(3)(a) amended by Nos 19/1989 s. 8(h)(i), 43/1991 s. 37(b).\n\n(a) under subsection (2)(b) the court orders that a civil proceeding be stayed pending the making of an application under Part 3 of the **Courts (Case Transfer) Act 1991**; and\n\nS. 39(3)(b) amended by No. 19/1989 s. 8(h)(ii).\n\n(b) within a reasonable time after the making of that order the proceeding has not been transferred to the Supreme Court—\n\nthe court may exercise the power conferred by subsection (2)(c).\n\nS. 39A inserted by No. 19/1989 s. 15(b).\n\n","sortOrder":95},{"sectionNumber":"39A","sectionType":"section","heading":"Agreements by next friend etc. on behalf of infants","content":"\t39A Agreements by next friend etc. on behalf of infants\n\nS. 39A(1) amended by No. 64/1990 s. 18(1)(a).\n\n(1) If a minor is or appears to be entitled to recover damages for bodily injury (other than injury caused by or arising out of the use of a motor car within the meaning of the **Transport Accident Act 1986**) and any parent or guardian or next friend of the minor or any person standing in loco parentis to the minor or the State Trust (as the case may be) believes that the amount of compensation in respect of the bodily injury offered or tendered by or on behalf of the person or body from whom or which the damages are claimed is reasonable and adequate having regard to—\n\n(a) the bodily injury sustained; and\n\n(b) the probability or otherwise of the minor succeeding in any proceeding in recovering damages against the person or body from whom or which the damages are claimed—\n\nthe parent or guardian or next friend or person standing in loco parentis or the State Trust (as the case may be) is entitled in the name and on behalf of the minor to enter into an agreement in writing with the person or body from whom or which the damages are claimed to accept the amount of compensation so offered or tendered.\n\n(2) Every agreement entered into in accordance with subsection (1)—\n\n(a) may be filed with the registrar or deputy registrar of the County Court at the sittings nearest or most convenient to the place of residence of the minor; and\n\nS. 39A(2)(b) amended by No. 64/1990 s. 18(1)(b).\n\n(b) if so filed must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, a director of the State Trust (as the case may be) who entered into the agreement verifying the facts on which the agreement is based and be supported by any affidavit required by the rules or by the County Court.\n\n(3) As soon as practicable after the filing of an agreement under subsection (2) the registrar or deputy registrar must submit it to the County Court.\n\n(4) An agreement entered into in accordance with subsection (1) does not have any force or effect until it has been filed and approved by order of the County Court in accordance with this section and any agreement so filed which is with the consent of the parties approved in an amended form is deemed to have been filed in the amended form.\n\n(5) Every order under this section must among other things make any provision that the court thinks proper for—\n\n(a) the payment into court of the whole or part of the compensation agreed to be paid; and\n\n(b) the allotment, investment, payment out of court or other application of the compensation (including money arising from investment) for the benefit of the minor but the court may at any subsequent time (whether by variation of a former order or not) make any further order with respect to the allotment, investment, payment out of court or other application of the compensation (including money arising from investment) that appears to the court to be proper having regard to the then existing circumstances.\n\n(6) An order under this section must not be made unless the court is satisfied with respect to—\n\nS. 39A(6)(a) amended by No. 64/1990 s. 18(1)(c).\n\n(a) the right of the parent, guardian, next friend or other person standing in loco parentis or of the State Trust to act for the minor; and\n\n(b) the reasonableness and adequacy in the circumstances of the amount of compensation; and\n\n(c) the genuineness of the agreement.\n\n(7) When an order approving an agreement is made, the order—\n\n(a) must be recorded without fee by the registrar or deputy registrar in a special register; and\n\n(b) is enforceable in all respects as if the order were a judgment of the County Court.\n\n(8) When an order approving an agreement has been complied with by the person or body from whom or which the damages are claimed, that person or body is released and discharged from all liability to the minor in respect of the bodily injury.\n\n(9) This section is not limited by any other provision of this Act.\n\n(10) Nothing in this section applies in any case where a proceeding has been commenced in a court by or on behalf of the minor for the recovery of damages for bodily injury.\n\nPt 2 Div. 2A (Heading and s. 39B) inserted by No. 15/1998  \ns. 8.\n\n","sortOrder":96},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Administration of children's funds","content":"Division 2A—Administration of children's funds\n\nS. 39B inserted by No. 15/1998  \ns. 8.\n\n","sortOrder":97},{"sectionNumber":"39B","sectionType":"section","heading":"Court orders relating to administration of children's funds","content":"\t39B Court orders relating to administration of children's funds\n\n(1) If in any civil proceedings before the court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money—\n\n(a) is to be paid into court; and\n\n(b) unless the court otherwise orders, is to be paid out to an administrator specified by the court.\n\n(2) If any money, not being money to which subsection (3) applies—\n\n(a) is paid into court—\n\n(i) before the commencement of this section; or\n\n(ii) after the commencement of this section in accordance with a judgment or order entered or made before the commencement of this section; and\n\n(b) the money is being held in court on behalf of a child—\n\nthe court may by order direct that the money be paid out to an administrator specified in the order.\n\n(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—\n\n(a) may order that the property be delivered up or transferred to an administrator specified in the order; and\n\n(b) may give any directions for the service of the order on the administrator as it thinks fit.\n\n(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.\n\nS. 39B(5) amended by Nos 30/2004 s. 13(1)(2), 13/2019 s. 221(Sch. 1 item 10.1).\n\n(5) A copy of any order made under this section must be given by the administrator to VCAT and the Public Advocate within the meaning of the **Guardianship and Administration Act 2019**.\n\nS. 39B(6) amended by No. 30/2004 s. 13(1), substituted by No. 13/2019 s. 221(Sch. 1 item 10.2).\n\n(6) An order of the Court under this section that money be paid out to an administrator has effect as if it were an administration order under the **Guardianship and Administration Act 2019** and, subject to the order of the Court, the administrator has all the powers and duties set out in Divisions 6, 7 and 8 of Part 3 of that Act.\n\nPt 2 Div. 2B (Heading and s. 39C) inserted by No. 30/2004 s. 5.\n\n","sortOrder":98},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Transfer and payment of money to the Supreme Court for person under disability","content":"Division 2B—Transfer and payment of money to the Supreme Court for person under disability\n\nS. 39C inserted by No. 30/2004 s. 5.\n\n","sortOrder":99},{"sectionNumber":"39C","sectionType":"section","heading":"Money held in court for person under disability","content":"\t39C Money held in court for person under disability\n\n(1) In this section, ***person under disability*** means—\n\n(a) a minor; or\n\n(b) a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the proceeding.\n\n(2) Unless the court orders otherwise, money held in court on behalf of a person under disability immediately before the commencement of section 5 of the **Courts Legislation (Funds in Court) Act 2004** must be paid into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability.\n\n(3) Unless the court orders otherwise, in any proceeding in the court in which it is adjudged or ordered that money be paid for a person under disability, that money must be paid into the Supreme Court (in full compliance with the judgment or order of the court) by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability.\n\n(4) Money paid to the Senior Master under subsection (2) or (3) is to be held by the Senior Master as if an order had been made in a proceeding in the Supreme Court that the money be paid into court to be held on behalf of the person under disability and as if that money had been paid into court in accordance with that order.\n\n(5) The Senior Master has the same powers with respect to loss occasioned by delay as the Senior Master would have if an order referred to in subsection (4) had been made.\n\nNote to s. 39C(5) amended by No. 24/2008 s. 90(1).\n\nRule 79.06 of Chapter I of the Rules of the Supreme Court  provides the Senior Master with powers with respect to loss occasioned by delay.\n\nS. 39C(6) amended by No. 13/2019 s. 221(Sch. 1 item 10.3).\n\n(6) Nothing in this section affects the operation of section 39B of this Act or section 179 of the **Guardianship and Administration Act 2019**.\n\nPt 2 Div. 3 (Heading and s. 39) substituted as Pt 2 Div. 3 (Heading and s. 40) by No. 16/1986 s. 11(4).\n\nDivision 3—Officers of the court\n\nNo. 6117 s. 40.\n\nS. 40 substituted by No. 16/1986 s. 11(4), amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(i)(i)(ii), 34/2010 s. 32.\n\n","sortOrder":100},{"sectionNumber":"40","sectionType":"section","heading":"Officers of the court","content":"\t40 Officers of the court\n\nIn all civil proceedings referred to in Division 2, judicial registrars, the registrar, deputy registrars, bailiffs and other officers of the court shall in all such civil proceedings discharge any duties which an officer of the Supreme Court can discharge either under the order of that court or under the practice thereof, and all officers of the court shall in discharging such duties conform to the rules.\n\nPt 2 Div. 4 (Heading and s. 40) repealed by No. 16/1986 s. 11(4), new Pt 2 Div. 4 (Heading and ss 41, 42) inserted by No. 50/2009 s. 9, amended by No. 34/2010 s. 34, repealed by No. 47/2010 s. 84(1).\n\nPt 2 Div. 5 (Heading and ss 41–45) amended by Nos 9075 s. 5(1), 9427 ss 5(Sch. 4 item 3), 6(1)(Sch. 5 item 35), 9957 s. 3(d)(e), repealed by No. 16/1986 s. 11(4).\n\nPt 2 Div. 6 (Heading) inserted by No. 50/2009 s. 10.\n\nDivision 6—Arbitration, mediation, and reference for inquiry\n\nNo. 6117 s. 46.\n\n","sortOrder":101},{"sectionNumber":"46","sectionType":"section","heading":"Arbitration by agreement","content":"\t46 Arbitration by agreement\n\nS. 46(1) amended by No. 19/1989 s. 8(j)(i)–(iii).\n\n(1) If the plaintiff and the defendant in any civil proceeding agree to refer to arbitration the subject of such civil proceeding or such subject and all or any other matters in dispute between the parties, whether such other matters are within the jurisdiction of the court or not, and notify such agreement to the court in writing signed by themselves or their practitioners naming one or two persons as arbitrators, such agreement shall be filed by the registrar, and the court shall order such reference and on such terms as to costs and fees to arbitrators as may be reasonable.\n\nS. 46(2) amended by No. 19/1989 s. 8(k).\n\n(2) The arbitrators where two are named shall have power in the event of their disagreement to choose an umpire, and the award of such arbitrator or arbitrators or umpire shall unless set aside be binding final and conclusive on both parties; and judgment shall be entered for the plaintiff or defendant in accordance therewith whether the court is sitting or not, and such reference shall not be revocable by either party thereto except by leave of the court.\n\nS. 46(3) amended by No. 19/1989 s. 8(l).\n\n(3) The court may enlarge the time for making such award, or may with the consent of both parties revoke the reference or order another reference to be made in manner aforesaid.\n\nS. 46(4) amended by No. 19/1989 s. 8(m)(i)–(iv).\n\n(4) The court may, if it thinks fit, on application to it at the first sitting held after the expiration of one week after the entry of such award, set aside any such award so given as aforesaid, or may refer such award back to the arbitrator or arbitrators or umpire.\n\nNo. 6117 s. 47.\n\nS. 47 (Heading) inserted by No. 24/2008 s. 66.\n\nS. 47 amended by No. 19/1989 s. 8(n)(i)–(iv).\n\n","sortOrder":102},{"sectionNumber":"47","sectionType":"section","heading":"Arbitration","content":"\t47 Arbitration\n\nIf the plaintiff and the defendant in any civil proceeding agree in writing to refer the subject of such civil proceeding or any other matters in dispute between the parties whether such other matters are within the jurisdiction of the court or not, and notify such agreement to the court, the court may if it thinks fit act as arbitrator, and shall make an award thereon upon which it shall cause to be entered up judgment in the court, with such costs as it thinks reasonable, and such award and the judgment thereon shall not be subject to question or appeal in any court whatever.\n\nS. 47A inserted by No. 64/1990 s. 9(1), amended by No. 47/2010 s. 84(2).\n\n","sortOrder":103},{"sectionNumber":"47A","sectionType":"section","heading":"Power to refer civil proceedings to mediation or arbitration","content":"\t47A Power to refer civil proceedings to mediation or arbitration\n\nSubject to and in accordance with the rules or the **Civil Procedure Act 2010**, the court may, with or without the consent of the parties, refer the whole or any part of a civil proceeding to mediation or arbitration.\n\nS. 47B inserted by No. 64/1996  \ns. 15, amended by No. 50/2009 s. 8.\n\n","sortOrder":104},{"sectionNumber":"47B","sectionType":"section","heading":"Mediation[[3]](#endnote-4)","content":"\t47B Mediation[[3]](#endnote-4)\n\nWhere the Court refers a proceeding or any part of a proceeding to mediation, other than judicial resolution conference, unless all the parties who attend the mediation otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation.\n\nNo. 6117 s. 48.\n\n","sortOrder":105},{"sectionNumber":"48","sectionType":"section","heading":"Power to refer matters for inquiry and report","content":"\t48 Power to refer matters for inquiry and report\n\nS. 48(1) amended by Nos 7705 s. 9(k), 19/1989 s. 8(o)(i)–(vi), 64/1996 s. 16.\n\n(1) Subject to the rules, the court may, in any civil proceeding refer the whole or any part of the proceeding to a special referee for inquiry and report, and may direct how such reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report the court may give such judgment or make such order in the proceeding as may be just, without prejudice to any right of appeal[[4]](#endnote-5).\n\n(2) The powers conferred by this section shall be in addition to the powers of referring to arbitration conferred by section forty-six of this Act.\n\nS. 48A inserted by No. 19/1989 s. 15(c).\n\n","sortOrder":106},{"sectionNumber":"48A","sectionType":"section","heading":"Assessor","content":"\t48A Assessor\n\n(1) The court may in any civil proceeding call in the assistance of one or more specially qualified assessors and hear the proceeding wholly or partially with their assistance but shall not be bound by their opinion or findings.\n\n(2) The court may determine the remuneration of the assessors.\n\nS. 48B inserted by No. 19/1989 s. 15(c).\n\n","sortOrder":107},{"sectionNumber":"48B","sectionType":"section","heading":"Opinion of legal practitioner","content":"\t48B Opinion of legal practitioner\n\nS. 48B(1) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.10(a)).\n\n(1) The court may require or receive the opinion of a legal practitioner for its assistance—\n\n(a) in the investigation of the title to any land with a view to an investment of money in the purchase or on mortgage of that land or with a view to a sale of that land; or\n\n(b) in settling the draft of an instrument; or\n\n(c) in such other cases as are directed by the Rules—\n\nbut any party may object to the opinion and, if so, the question in dispute must be disposed of by the court.\n\nS. 48B(2) amended by No. 35/1996  \ns. 453(Sch. 1 item 15.10(b)).\n\n(2) The court may determine the fee of the legal practitioner and how it shall be borne and paid.\n\nS. 48C inserted by No. 64/1990 s. 10.\n\n","sortOrder":108},{"sectionNumber":"48C","sectionType":"section","heading":"Protection of special referees, mediators and arbitrators","content":"\t48C Protection of special referees, mediators and arbitrators\n\nS. 48C(1) amended by No. 47/2010 s. 85.\n\n(1) A special referee, mediator or arbitrator to whom a civil proceeding, part of a civil proceeding or question arising in a civil proceeding is referred under this Act and the Rules or under the **Civil Procedure Act 2010** has, in the performance of his or her duties in connection with the reference, the same protection and immunity as a judge of the Court has in the performance of his or her duties as a judge.\n\nS. 48C(2) amended by No. 50/2011 s. 46(Sch. item 4).\n\n(2) Subsection (1) applies despite anything to the contrary in the **Commercial Arbitration Act 2011**.\n\nS. 48CA inserted by No. 26/2012 s. 16.\n\n\t48CA Protection of assessors\n\nAn assessor called in for assistance in a proceeding under section 48A 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.\n\nS. 48D inserted by No. 47/2010 s. 86.\n\n","sortOrder":109},{"sectionNumber":"48D","sectionType":"section","heading":"Interaction with Civil Procedure Act 2010","content":"\t48D Interaction with Civil Procedure Act 2010\n\nThe powers of the Court under this Division are in addition to, and do not derogate from, the powers of a court under Chapter 5 of the **Civil Procedure Act 2010**.\n\nDivision 7—Power to grant relief\n\nNo. 6117 s. 49.\n\nS. 49 amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(p)(i)–(v).\n\n","sortOrder":110},{"sectionNumber":"49","sectionType":"section","heading":"Power of court","content":"\t49 Power of court\n\nThe court shall as regards any civil proceeding within its jurisdiction for the time being have power to grant, and shall grant such relief, redress, or remedy, or combination of remedies, either absolute or conditional, and shall have power to make any order that could be made in regard to any civil proceeding, and shall give such and the like effect to every ground of defence or counter-claim, equitable or legal, in as full and ample a manner as might and ought to be done in the like case by the Supreme Court.\n\nS. 49A inserted by No. 8915 s. 3(2) (as amended by No. 9059  \ns. 2(1)(Sch. item 49)).\n\n","sortOrder":111},{"sectionNumber":"49A","sectionType":"section","heading":"Attachment of earnings","content":"\t49A Attachment of earnings\n\nS. 49A(1) amended by No. 19/1989 s. 8(q).\n\n(1) Subject to and in accordance with the Rules, the court may make orders for the attachment of the salary wages or pension of any person.\n\nS. 49A(2) repealed by No. 19/1989 s. 8(r).\n\nS. 49A(3) amended by No. 38/2017 s. 79(2).\n\n(3) Any person who dismisses an employee or injures him in his employment or alters his position to his prejudice by reason of the circumstances that an attachment order has been made in relation to the earnings of that employee or that the employee is required to make payments under such an order may be dealt with in the manner authorized by section 53 for compelling obedience to or punishing disobedience of any judgment or order.\n\nS. 49B inserted by No. 19/1989 s. 15(d).\n\n","sortOrder":112},{"sectionNumber":"49B","sectionType":"section","heading":"Execution of instruments by order of court","content":"\t49B Execution of instruments by order of court\n\n(1) If a person fails or refuses to comply with a judgment or order directing that person to execute a document or indorse a negotiable instrument, the court may, on such terms and conditions as it considers just, order that the document be executed or that the instrument be indorsed by a person nominated by the court.\n\n(2) A document or instrument executed and indorsed under subsection (1) operates and is for all purposes available as if it had been executed or indorsed by the person originally directed to do so.\n\nNo. 6117 s. 50.\n\nS. 50 amended by Nos 9019 s. 2(1)(Sch. item 31), 19/1989 s. 15(e).\n\n","sortOrder":113},{"sectionNumber":"50","sectionType":"section","heading":"Rules of law to apply to County Court","content":"\t50 Rules of law to apply to County Court\n\nThe several rules of law enacted by Part 5 of the **Supreme Court Act 1986** shall unless express provision is otherwise made be in force and receive effect in the court, so far as the matters to which rules relate are respectively cognizable by it.\n\nNo. 6117 s. 51.\n\n","sortOrder":114},{"sectionNumber":"51","sectionType":"section","heading":"Counter-claims in County Court and transfers therefrom","content":"\t51 Counter-claims in County Court and transfers therefrom\n\nS. 51(1) amended by Nos 8263 s. 3, 19/1989 s. 8(s), 35/1996  \ns. 453(Sch. 1 item 15.11).\n\n(1) Where in any civil proceeding before the court any defence or counter-claim of the defendant involves matter beyond the jurisdiction of the court, such defence or counter-claim shall not affect the competence or the duty of the court to dispose of the whole matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the court has jurisdiction to administer shall be given to the defendant upon any such counter-claim unless the parties or their respective legal practitioners have consented in writing to the court hearing and determining the counter-claim.\n\nS. 51(2) amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(s), repealed by No. 43/1991 s. 37(c).\n\nNo. 6117 s. 52.\n\nS. 52 amended by No. 19/1989 s. 8(t).\n\n","sortOrder":115},{"sectionNumber":"52","sectionType":"section","heading":"Facts necessary to give jurisdiction need not appear upon any civil proceeding","content":"\t52 Facts necessary to give jurisdiction need not appear upon any civil proceeding\n\nIt shall not be necessary in any case that the facts necessary to give jurisdiction should appear by recital averment or otherwise upon any civil proceeding in or issuing out of the court.\n\nNo. 6117 s. 53.\n\nS. 53 amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(u)(i)(ii).\n\n","sortOrder":116},{"sectionNumber":"53","sectionType":"section","heading":"Mode of enforcing orders","content":"\t53 Mode of enforcing orders\n\nThe court shall have and may exercise the same power and authority for compelling obedience to and for punishing disobedience of any judgment or order made by the court as the Supreme Court may exercise for compelling obedience to or punishing disobedience of any judgment or order.\n\nPt 2 Div. 7A (Heading and  \ns. 53A) inserted by No. 7705 s. 8.\n\n","sortOrder":117},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Appellate jurisdiction","content":"Division 7A—Appellate jurisdiction\n\nS. 53A inserted by No. 7705 s. 8, amended by Nos 9019 s. 2(1)(Sch. item 32), 57/1989 s. 3(Sch. item 37.5(a)–(d)), 68/2009 s. 97(Sch. item 35.13).\n\n","sortOrder":118},{"sectionNumber":"53A","sectionType":"section","heading":"Appellate jurisdiction of County Court","content":"\t53A Appellate jurisdiction of County Court\n\nExcept where otherwise expressly provided the Court may try hear and determine all appeals referred to in sections 254, 257 and 260 of the **Criminal Procedure Act 2009** from convictions or orders of the Magistrates' Court and any appeal to the court by or under the provisions of any other Act and where in any Act any reference or application is made to the County Court the court shall have the same power of making orders with respect to costs and of enforcing those orders as it has in the case of appeals from convictions and orders of the Magistrates' Court.\n\nPt 2 Div. 7B (Heading) inserted by No. 7840 s. 19(c), repealed by No. 74/2000 s. 3(Sch. 1 item 29).\n\nS. 53B inserted by No. 7840 s. 19(c), amended by No. 19/1989 s. 8(v), repealed by No. 92/1990 s. 128(Sch. 1 item 3).\n\nDivision 8—Contempt of court\n\nS. 54 amended by No. 7705 s. 9(l), substituted by No. 8132 s. 3, amended by No. 9554 s. 2(2)(Sch. 2 item 49), substituted by No. 16/1986 s. 13, amended by No. 19/1989 s. 8(w)(i)(ii).\n\n","sortOrder":119},{"sectionNumber":"54","sectionType":"section","heading":"Contempt of court","content":"\t54 Contempt of court\n\nThe court has the same jurisdiction, and may exercise the same powers and authority, in respect of any contempt of the court as the Supreme Court has and may exercise in respect of any contempt of the Supreme Court.\n\nS. 54A inserted by No. 8132 s. 3, amended by No. 9554 s. 2(2)(Sch. 2 item 50), repealed by No. 16/1986 s. 13.\n\nPt 2 Div. 8A (Heading) inserted by No. 8883 s. 4(1), repealed by No. 19/1989 s. 8(x).\n\nS. 54B inserted by No. 8883 s. 4(1), repealed by No. 58/1986 s. 66(11).\n\nDivision 9—Costs where no jurisdiction\n\nNo. 6117 s. 55.\n\nS. 55 amended by No. 24/2008 s. 67.\n\n","sortOrder":120},{"sectionNumber":"55","sectionType":"section","heading":"Court may award costs where action or matter is struck out for want of jurisdiction","content":"\t55 Court may award costs where action or matter is struck out for want of jurisdiction\n\nWhenever 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.\n\nPt 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.\n\nPt 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).\n\nPt 5 (Heading) amended by Nos 7705 s. 9(n), 19/1989 s. 11(a).\n\nPart V—Trial of civil proceedings\n\nNo. 6117 s. 65.\n\nS. 65 amended by No. 19/1989 s. 11(b).\n\n","sortOrder":121},{"sectionNumber":"65","sectionType":"section","heading":"Trial to be by judge","content":"\t65 Trial to be by judge\n\nIn 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.\n\nNo. 6117 s. 66.\n\n","sortOrder":122},{"sectionNumber":"66","sectionType":"section","heading":"Judge may reserve his decision","content":"\t66 Judge may reserve his decision\n\nS. 66(1) amended by No. 19/1989 s. 11(c).\n\n(1) In any civil proceeding the judge may if he thinks fit reserve his decision on any question of fact or of law.\n\n(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.\n\nS. 66(3) amended by Nos 9427 s. 6(1)(Sch. 5 item 36), 19/1989 s. 11(c).\n\n(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.\n\nNo. 6117 s. 67.\n\n","sortOrder":123},{"sectionNumber":"67","sectionType":"section","heading":"Trial may be by judge and jurors if required","content":"\t67 Trial may be by judge and jurors if required\n\nS. 67(1) amended by No. 19/1989 ss 11(d)(i)–(iii), 15(f).\n\n(1) In all civil proceedings where the amount claimed or the value of the subject-matter exceeds $5000 the plaintiff or defendant and in civil proceedings brought for the recovery of unliquidated damages the judge may require a jury to try the said proceeding.\n\nS. 67(2) amended by No. 19/1989 s. 11(e).\n\n(2) In case of either party requiring such jury such party shall give the registrar of the court or leave at his office such notice thereof as is directed by the rules, and shall also give the other party such notice thereof as is directed by the Rules.\n\nS. 67(3) repealed by No. 19/1989 s. 11(f).\n\nNo. 6117 s. 68.\n\n","sortOrder":124},{"sectionNumber":"68","sectionType":"section","heading":"Judge may direct trial by jurors","content":"\t68 Judge may direct trial by jurors\n\nS. 68(1) amended by No. 19/1989 s. 11(g)(i)(ii).\n\n(1) In any case where no demand of a jury has been made and the judge on application or otherwise thinks the civil proceeding proper to be tried by a jury, he shall direct the said proceeding to be placed in the list of jury cases, and it shall be tried by a jury accordingly.\n\nS. 68(2) amended by No. 19/1989 s. 11(h).\n\n(2) When the judge of his own motion has required any civil proceeding to be tried by a jury, neither party shall be liable to pay the jury fees.\n\nS. 68(3) repealed by No. 7651 s. 2(1)(Sch. 1 Pt 2 item 2(b)).\n\nNo. 6117 s. 69.\n\nS. 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.\n\nNo. 6117 s. 70.\n\nS. 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  \ns. 17(1).\n\n","sortOrder":125},{"sectionNumber":"70","sectionType":"section","heading":"Verdict of jurors[[5]](#endnote-6)","content":"\t70 Verdict of jurors[[5]](#endnote-6)\n\n(1) Subject to Part VI, where a jury has given a verdict, judgment must be entered in accordance with the verdict.\n\nS. 70(2) inserted by No. 64/1996  \ns. 17(2).\n\n(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.\n\nS. 70(3) inserted by No. 64/1996  \ns. 17(2).\n\n(3) If leave is granted under subsection (2), judgment may be entered other than in accordance with the verdict of the jury.\n\nS. 71  \nrepealed by No. 19/1989 s. 11(k).\n\nNo. 6117 s. 72.\n\n","sortOrder":126},{"sectionNumber":"72","sectionType":"section","heading":"Jury may be had on re-hearing of County Court proceeding in Supreme Court","content":"\t72 Jury may be had on re-hearing of County Court proceeding in Supreme Court\n\nS. 72(1) amended by Nos 110/1986 s. 140(2), 19/1989 s. 11(l)(i)(ii), 24/2008 s. 68.\n\n(1) When any party to any civil proceeding has appealed from any judgment or order to the Court of Appeal and a re-hearing of the proceeding has been directed before the Supreme Court constituted by a Judge of the Court, any of the parties thereto shall be entitled (if the case was in the County Court tried before a jury or if the Court of Appeal at the time of directing the re-hearing so orders) if the party so desires to have such re-hearing before the Supreme Court so constituted and a jury of six persons.\n\nS. 72(2) amended by No. 110/1986 s. 140(2).\n\n(2) The plaintiff may have a jury by giving the prothonotary and the defendant a notice in writing to the effect that he requires a jury when giving notice of trial and by paying the proper jury fees.\n\nS. 72(3) amended by No. 110/1986 s. 140(2).\n\n(3) The defendant may have a jury by giving the prothonotary and the plaintiff within four days after receiving notice of trial notice in writing to the effect that he requires a jury and by paying the proper jury fees.\n\nPart VI—Judgment, new trial and appeal\n\nNo. 6117 s. 73.\n\n","sortOrder":127},{"sectionNumber":"73","sectionType":"section","heading":"Judgments to be final","content":"\t73 Judgments to be final\n\nS. 73(1) amended by Nos 7705 s. 9(o), 19/1989 s. 12(a)(i)(ii).\n\n(1) Every judgment and order made in any civil proceeding by the court, except as in this Act provided, shall be final and conclusive between the parties.\n\nS. 73(2) repealed by No. 19/1989 s. 12(b).\n\nS. 73(3) amended by No. 19/1989 s. 12(c)(i)(ii).\n\n(3) The court may also in every case whatever, and as often as it thinks fit, order a new trial to be had upon such terms as it thinks reasonable, and may in the meantime stay proceedings.\n\nS. 73(3A) inserted by No. 16/1986 s. 16(b), amended by No. 19/1989 s. 12(d).\n\n(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.\n\nS. 73(4) inserted by No. 9633 s. 7, amended by Nos 9967 s. 9, 19/1989 s. 12(e)(i)–(iii), 35/1996  \ns. 453(Sch. 1 item 15.12 (a)(b)).\n\n(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.\n\nNo. 6117 s. 74.\n\n","sortOrder":128},{"sectionNumber":"74","sectionType":"section","heading":"Appeal to the Court of Appeal[[6]](#endnote-7)","content":"\t74 Appeal to the Court of Appeal[[6]](#endnote-7)\n\nS. 74(1) amended by Nos 16/1986 s. 16(c), 19/1989  \ns. 12(f)(i)–(iii), 109/1994  \ns. 32(1), 24/2007 s. 11(1), 24/2008 s. 69, 62/2014 s. 11(1).\n\n(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.\n\nNote to s. 74(1) inserted by No. 38/2017 s. 33(1).\n\nSee sections 14A to 14D of the **Supreme Court Act 1986**.\n\nS. 74(2) amended by No. 6951 s. 6, substituted by Nos 109/1994  \ns. 32(2), 62/2014 s. 11(2), repealed by No. 38/2017 s. 33(2).\n\nS. 74(2A) inserted by No. 109/1994  \ns. 32(2), amended by No. 62/2014 s. 11(3), repealed by No. 38/2017 s. 33(2).\n\nS. 74(2B) inserted by No. 109/1994  \ns. 32(2), substituted by No. 62/2014 s. 11(4).\n\n(2B) An application for leave to appeal must be made in accordance with the Rules of the Supreme Court.\n\nS. 74(2C) inserted by No. 109/1994  \ns. 32(2), amended by No. 62/2014 s. 11(5), repealed by No. 38/2017 s. 33(2).\n\nS. 74(2D) inserted by No. 109/1994  \ns. 32(2), repealed by No. 62/2014 s. 11(6).\n\nS. 74(2E) inserted by No. 24/2007  \ns. 11(2), repealed by No. 62/2014 s. 11(6).\n\nS. 74(3) amended by Nos 110/1986 s. 140(2), 19/1989 s. 12(g)(i)–(iv), 109/1994  \ns. 32(3)(a)(b), repealed by No. 62/2014 s. 11(6).\n\nS. 74(4) amended by No. 19/1989 s. 12(h)(i)(ii), substituted by No. 24/2007 s. 11(3), repealed by No. 38/2017 s. 33(2).\n\nS. 74(5) amended by No. 109/1994  \ns. 32(3)(c), repealed by No. 38/2017 s. 33(2).\n\n(6) Nothing herein contained shall authorize any party to appeal against any decision of the court given upon any question as to the value of any real or personal property for the purpose of determining the question of the jurisdiction of the court under this Act nor to appeal against the decision of the court on the ground that the proceedings might or should have been taken at any other place of sitting of the County Court.\n\nS. 74(7) amended by No. 19/1989 s. 12(i).\n\n(7) No appeal shall lie from any judgment or order of the court, if before it is pronounced the parties agree, in writing signed by themselves or their practitioners, that it shall be final.\n\nS. 75 amended by Nos 7705 s. 9(p), 16/1986 s. 16(d), repealed by No. 110/1986 s. 140(2),  \nnew s. 75 inserted by No. 24/2008 s. 70.\n\n","sortOrder":129},{"sectionNumber":"75","sectionType":"section","heading":"Appeal from court constituted by associate judge to Trial Division of the Supreme Court","content":"\t75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court\n\n(1) Subject to subsection (2), any party to a civil proceeding who is dissatisfied with any judgment or order of the court constituted by an associate judge may appeal from the same to the Trial Division of the Supreme Court, despite the civil proceeding having been brought in the County Court by consent as provided by this Act.\n\n(2) An appeal under this section—\n\n(a) is subject to leave by the associate judge constituting the court or to leave by the Trial Division of the Supreme Court; and\n\n(b) is to be in accordance with the Rules of the Supreme Court.\n\nNo. 6117 s. 76.\n\nS. 76 (Heading) inserted by No. 24/2008 s. 90(2).\n\n","sortOrder":130},{"sectionNumber":"76","sectionType":"section","heading":"Court may reserve question for opinion of the Court of Appeal [[7]](#endnote-8)","content":"\t76 Court may reserve question for opinion of the Court of Appeal [[7]](#endnote-8)\n\nS. 76(1) amended by Nos 110/1986 s. 140(2), 19/1989 s. 12(j)(i)–(iii), 109/1994  \ns. 32(3)(d).\n\n(1) The court which tries or hears any civil proceeding may if it thinks fit reserve any question in the form of a special case for the opinion of the Court of Appeal, which opinion shall be given.\n\nS. 76(2) amended by Nos 110/1986 s. 140(2), 109/1994  \ns. 32(3)(e).\n\n(2) In such case no judgment or order shall be given or made in respect of any matter on which such question has been reserved until such opinion has been given, and the Court of Appeal may make such order as it thinks proper as to the costs of and occasioned by the hearing of such case.\n\nNo. 6117 s. 77.\n\nS. 77 amended by No. 19/1989 s. 12(k)(i)–(vi).\n\n","sortOrder":131},{"sectionNumber":"77","sectionType":"section","heading":"Prerogative writ","content":"\t77 Prerogative writ\n\nNo judgment determination or other order given or made by the court in any civil proceeding before the court or pending in the court shall be removed by an application for an order in the nature of a prerogative writ, but every final decision by which the merits of the case may be concluded by judgment or order of the court given or made in any such proceeding before the court shall be subject to review by way of appeal as hereinbefore provided.\n\nPt 7 (Heading) amended by No. 10013 s. 4.\n\nPart VII—Rules, forms, scales of costs, regulations\n\nNo. 6117 s. 78.\n\n","sortOrder":132},{"sectionNumber":"78","sectionType":"section","heading":"Power to make rules of practice","content":"\t78 Power to make rules of practice\n\nS. 78(1) amended by Nos 16/1986 s. 9(2)(b), 9/1995  \ns. 8(5), 14/2006 s. 10, 24/2008 s. 71(1)(a), 5/2013 s. 28, 63/2013 s. 38.\n\n(1) A majority of the judges (other than reserve judges or associate judges or reserve associate judges) for the time being may make rules for all or any of the following purposes—\n\nS. 78(1)(aaa) inserted by No. 47/2010 s. 87(a).\n\n(aaa) furthering the overarching purpose set out in the **Civil Procedure Act 2010** and the conduct of civil proceedings in accordance with the principles set out in that Act, including the overarching obligations;\n\nS. 78(1)(aab) inserted by No. 47/2010 s. 87(a).\n\n(aab) the conduct of civil proceedings and parties to civil proceedings generally, including, but not limited to, the imposition of limits, restrictions or conditions on any party in respect of any aspect of the conduct of civil proceedings;\n\nS. 78(1)(aac) inserted by No. 47/2010 s. 87(a).\n\n(aac) case management;\n\nS. 78(1)(aaca) inserted by No. 25/2014 s. 10.\n\n(aaca) discovery and disclosure;\n\nS. 78(1)(aad) inserted by No. 47/2010 s. 87(a).\n\n(aad) any other matter or thing required or permitted by or under the **Civil Procedure Act 2010** to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;\n\n(a) for regulating any matters relating to the costs of proceedings in the court, and for regulating and prescribing the scales of fees and costs to be paid to counsel and practitioners;\n\nS. 78(1)(aa) inserted by No. 9947 s. 6, amended by No. 19/1989 s. 13(a)(i).\n\n(aa) for prescribing forms and regulating service, procedure and costs with respect to a proceeding in the County Court under Part I of the **Instruments Act 1958**;\n\n(b) for regulating and prescribing the expenses to be paid to witnesses;\n\n(c) for regulating the keeping of all registers, books, entries and accounts by registrars and other officers;\n\nS. 78(1)(ca) inserted by No. 10013 s. 5.\n\n(ca) for regulating the investment of moneys under section 21A;\n\nS. 78(1)(d) amended by No. 19/1989 s. 13(a)(ii).\n\n(d) for regulating the sittings of the court;\n\nS. 78(1)(da) inserted by No. 58/2013 s. 44.\n\n(da) any other matter or thing required or permitted by or under the **Open Courts Act 2013** to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;\n\nS. 78(1)(db) inserted by No. 42/2014 s. 104.\n\n(db) any matter or thing required or permitted by or under the **Vexatious Proceedings Act 2014** to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;\n\nS. 78(1)(dc) inserted by No. 18/2018 s. 17.\n\n(dc) the conduct of civil proceedings and parties to civil proceedings conducted in accordance with the **Legal Identity of Defendants (Organisational Child Abuse) Act 2018**, including, but not limited to—\n\n(i) the imposition of limits, restrictions or conditions on any party (including proper defendants) in respect of any aspect of the conduct of those proceedings; and\n\n(ii) the direction or ordering of parties (including proper defendants) to those proceedings; and\n\n(iii) the modification of any rule, practice or procedure in its application to proper defendants under that Act; and\n\n(iv) any  other matter or thing necessary or required for the purposes of that Act or arising from civil proceedings conducted in accordance with that Act;\n\nS. 78(1)(dd) inserted by No. 31/2021 s. 9.\n\n(dd) the conduct of, and procedure for, or in relation to, substituted proceedings to which Part 3A of the **Victorian Civil and Administrative Tribunal Act 1998** applies;\n\nS. 78(1)(e) amended by Nos 7705 s. 9(q), 19/1989 s. 13(a)(iii).\n\n(e) for prescribing in what civil proceedings trials in the court are to be with a jury and in what proceedings they are to be without a jury;\n\nS. 78(1)(ea) inserted by No. 6951 s. 7.\n\n(ea) for prescribing the defences or other matters of which notice shall be given and regulating the manner of giving such notice;\n\n(f) for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings or on any application in connexion with or at any stage of any proceedings;\n\nS. 78(1)(fa) inserted by No. 10117 s. 4(2), amended by No. 19/1989 s. 13(a)(iv), substituted by No. 24/2008 s. 71(1)(b).\n\n(fa) regulating the exercise by associate judges of the jurisdiction of the court;\n\nS. 78(1)(fb) inserted by No. 10117 s. 4(2), amended by No. 19/1989 s. 13(a)(v), repealed by No. 24/2008 s. 71(1)(c), new s. 78(1)(fb) inserted by No. 34/2010 s. 35.\n\n(fb) the prescription of the proceedings or class of proceedings which may be dealt with by the court constituted by a judicial registrar;\n\nS. 78(1)(fc) inserted by No. 34/2010 s. 35, substituted by No. 65/2011 s. 107(Sch. item 3).\n\n(fc) delegating to the judicial registrars all or any of the powers of the court specified by the Rules in relation to proceedings prescribed under paragraph (fb), including, but not limited to, the exercise by the judicial registrars of the jurisdiction of the court other than the power—\n\n(i) to impose a sentence of imprisonment; or\n\n(ii) to impose a sentence of detention in a youth justice centre or youth residential centre within the meaning of the **Sentencing Act 1991**; or\n\nS. 78(1)(fc)(iii) amended by No. 43/2020 s. 4.\n\n(iii) to make a drug and alcohol treatment order within the meaning of the **Sentencing Act 1991**; or\n\n(iv) to make a community correction order within the meaning of the **Sentencing Act 1991**; or\n\n(v) to make a hospital security order within the meaning of the **Sentencing Act 1991**;\n\nS. 78(1)(fd) inserted by No. 34/2010 s. 35.\n\n(fd) the transfer or referral of matters between the court constituted by a judicial registrar and the court constituted by a judge or an associate judge;\n\nS. 78(1)(fe) inserted by No. 34/2010 s. 35.\n\n(fe) reviews of, and appeals from, the court constituted by a judicial registrar;\n\n(g) for regulating the enforcement of judgments and orders;\n\n(h) for regulating and prescribing the form of cases upon appeal to the Supreme Court and the time within which such appeal shall be prosecuted;\n\nS. 78(1)(ha) inserted by No. 19/1989 s. 13(a)(vi).\n\n(ha) any matter dealt with in any Rules of Court in force on the day on which the **County Court (Amendment) Act 1989** comes into operation;\n\nS. 78(1)(hb) inserted by No. 19/1989 s. 13(a)(vi).\n\n(hb) the reinstatement of any proceeding, counterclaim or third-party claim that stands dismissed by operation of the rules—\n\n(i) whether the dismissal occurred before or after the commencement of the **County Court (Amendment) Act 1989**; and\n\n(ii) whether or not any relevant period of limitation has expired;\n\nS. 78(1)(hc) inserted by No. 19/1989 s. 13(a)(vi).\n\n(hc) the reference of any question arising in a proceeding to a special referee or officer of the court for decision or opinion;\n\nS. 78(1)(hca) inserted by No. 64/1990 s. 9(2).\n\n(hca) the reference of any civil proceeding or of any part of a civil proceeding to mediation or arbitration;\n\nS. 78(1)(hcb) inserted by No. 50/2009 s. 11(a).\n\n(hcb) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences;\n\nS. 78(1)(hcc) inserted by No. 47/2010 s. 87(b).\n\n(hcc) without limiting paragraphs (hca) and (hcb), the referral, direction or ordering of parties to a civil proceeding to any form of appropriate dispute resolution, whether with or without the consent of the parties;\n\nS. 78(1)(hd) inserted by No. 19/1989 s. 13(a)(vi).\n\n(hd) any of the matters set out in section 39A;\n\nS. 78(1)(he) inserted by No. 19/1989 s. 13(a)(vi).\n\n(he) the payment of money into and out of the court in satisfaction of claims to which arbitration agreements apply and the investment of such money;\n\nS. 78(1)(hea) inserted by No. 51/2008 s. 8(1).\n\n(hea) any matter relating to the practice and procedure of the Koori Court Division;\n\nS. 78(1)(heb) inserted by No. 51/2008 s. 8(1).\n\n(heb) the transfer of proceedings to and from the Koori Court Division;\n\nS. 78(1)(hec) inserted by No. 51/2008 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 35.14).\n\n(hec) the place at which an appeal under section 254 or 257 of the **Criminal Procedure Act 2009** may be heard by the Koori Court Division, being a place of the court in respect of which a notice has been published under section 4A; and\n\nS. 78(1)(hed) inserted by No. 51/2008 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 35.15).\n\n(hed) the venues of the Magistrates' Court where sentences were imposed against which an appeal may be heard by the Koori Court Division.\n\nS. 78(1)(hf) inserted by No. 4/1997  \ns. 6,  \namended by No. 69/2009 s. 54(Sch. Pt 2 item 16).\n\n(hf) requirements for the purposes of Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958** for or with respect to[[8]](#endnote-9)—\n\n(i) the form of audio visual or audio link;\n\n(ii) the equipment, or class of equipment, used to establish the link;\n\n(iii) the layout of cameras;\n\n(iv) the standard, or speed, of transmission;\n\n(v) the quality of communication;\n\n(vi) any other matter relating to the link;\n\nS. 78(1)(hg) inserted by No. 4/1997  \ns. 6,  \namended by No. 69/2009 s. 54(Sch. Pt 2 item 16).\n\n(hg) applications to the court under Division 2 or 3 of Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**[[9]](#endnote-10);\n\nS. 78(1)(hh) inserted by No. 8/2008 s. 10, repealed by No. 8/2008 s. 12(3), new s. 78(1)(hh) inserted by No. 33/2018 s. 61.\n\n(hh) electronic communication and electronic processes, including, but not limited to—\n\n(i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and\n\n(ii) the transmission and issuing of orders, judgments and other documents by electronic communication; and\n\n(iii) use of electronic signatures and seals;\n\nS. 78(1)(i) amended by No. 10117 s. 5(c)(i).\n\n(i) for regulating and prescribing the pleading, practice and procedure of the court in any case within the cognizance of the court as to which rules of the Supreme Court have been or might lawfully be made for cases within the cognizance of the Supreme Court; and\n\nS. 78(1)(j) amended by No. 10117 s. 5(c)(ii).\n\n(j) generally for regulating and prescribing the pleading, practice and procedure of the court and the forms of proceedings therein, and any matters incidental to or relating to such pleading, practice or procedure.\n\nS. 78(2) amended by Nos 16/1986 s. 9(2)(b), 9/1995  \ns. 8(5), 14/2006 s. 10, 24/2008 s. 71(2), 5/2013 s. 28, 63/2013 s. 38.\n\n(2) A majority of the judges (other than reserve judges or associate judges or reserve associate judges) for the time being may frame forms of proceedings in the court and may fix scales of fees costs and expenses to be paid to counsel practitioners and witnesses.\n\n(3) The power given by this section shall extend and apply to all proceedings by or against the Crown.\n\nS. 78(4) amended by No. 16/1986 s. 9(2)(b), substituted by No. 19/1989 s. 13(b).\n\n(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.\n\nS. 78(5) substituted by No. 6886 s. 3, amended by No. 16/1986 s. 16(e), substituted by No. 19/1989 s. 13(b).\n\n(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.\n\nS. 78(6) substituted by No. 19/1989  \ns. 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).\n\n(6) Without limiting subsection (1), a power conferred by subsection (1)(hcb), (1)(hea) or (1)(heb) to make rules may be exercised—\n\n(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\n\n(b) so as to make, in respect of the cases in relation to which it is exercised—\n\n(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\n\n(ii) any such provision either unconditionally or subject to any specified condition.\n\nS. 78(7) substituted by No. 19/1989  \ns. 13(b), repealed by No. 10/1999 s. 31(6), new s. 78(7) inserted by No. 51/2008 s. 8(2), amended by No. 50/2009 s. 11(c).\n\n(7) Without limiting subsection (1), rules made under subsection (1)(hcb), (1)(hea) or (1)(heb) may be made so as—\n\n(a) to require a matter affected by the rules to be approved by or to the satisfaction of a specified court official or a specified class of court official; and\n\n(b) to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(c) to provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.\n\nS. 78A inserted by No. 16/1986 s. 14.\n\n","sortOrder":133},{"sectionNumber":"78A","sectionType":"section","heading":"Costs","content":"\t78A Costs\n\n(1) The costs of and incidental to all proceedings are in the discretion of the Court and the Court may determine by whom and to what extent the costs are to be paid.\n\nNote to s. 78A(1) inserted by No. 78/2008 s. 15(1).\n\nSee section 17D(1)(b) to (d) of the **Supreme Court Act 1986**.\n\n(2) In the due exercise of the discretion conferred by subsection (1), in any proceedings before the Court, the Court may order a legal practitioner to pay the costs of the proceedings or a portion of the costs.\n\nS. 78A(3) inserted by No. 78/2008 s. 15(2).\n\n(3) The Court may order that the costs of, and incidental to, a proceeding in the Court be assessed, settled, taxed or reviewed by the Costs Court.\n\nSee section 146 of the **Supreme Court Act 1986** which deals with transitional matters relating to the Costs Court.\n\nS. 79 amended by No. 6886  \ns. 3 (as amended by No. 6961 s. 2), repealed by No. 64/1996 s. 18.\n\nS. 79A inserted by No. 10013 s. 6, amended by Nos 19/1989 s. 13(c), 23/2012 s. 5 (ILA s. 39B(1)).\n\n","sortOrder":134},{"sectionNumber":"79A","sectionType":"section","heading":"Regulations","content":"\t79A Regulations\n\n(1) The Governor in Council may make regulations for or with respect to prescribing a fund for the purposes of section 21A(1)(h).\n\nS. 79A(2) inserted by No. 23/2012 s. 5.\n\n(2) The Governor in Council may make regulations for or with respect to—\n\n(a) the fees payable in respect of any matter in the Court;\n\n(b) the fees payable in respect of anything done by a bailiff in or in relation to the execution of any warrant or other process;\n\n(c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 79A(3) inserted by No. 23/2012 s. 5.\n\n(3) A power conferred by subsection (2) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to value or time or class of matter;\n\nS. 79A(3)(da) inserted by No. 15/2018 s. 10(1).\n\n(da) different fees for different classes of proceedings or different classes of party;\n\n(e) fees by way of a percentage of the amount of a demand;\n\n(f) the manner of payment of fees;\n\nS. 79A(3)(g) repealed by No. 15/2018 s. 10(2).\n\n(h) the time or times at which fees are to be paid.\n\nS. 79A(4) inserted by No. 23/2012 s. 5.\n\n(4) For the purposes of this section, it is not necessary for the amount of any fee to be related to the cost of providing the service.\n\nS. 79A(5) inserted by No. 15/2018 s. 10(3).\n\n(5) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether—\n\n(i) unconditionally or on specified conditions; and\n\n(ii) either wholly or to such an extent as is specified; and\n\n(d) provide for the payment in advance of any fee fixed under subsection (2)(a); and\n\n(e) provide for proportionate consequences of failure to pay any fee fixed under subsection (2)(a); and\n\n(f) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee fixed under subsection (2)(a); and\n\n(g) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee fixed under subsection (2)(a) which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations; and\n\n(h) confer a discretionary authority or impose a duty on any judge, associate judge, judicial registrar or a specified court official or a specified class of judge, class of associate judge, class of judicial registrar or court official; and\n\n(i) leave any matter or thing dealt with by or in accordance with the regulations to be decided by a specified court official or class of court official.\n\nS. 79A(6) inserted by No. 15/2018 s. 10(3).\n\n(6) Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (2)(a), the registrar or a deputy registrar at or for the place where a proceeding is to be heard may, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay a fee fixed under subsection (2)(a), waive payment of that fee if, in the registrar or deputy registrar's opinion, the payment of that fee by that person would cause the person financial hardship and, in that case, that fee is not payable.\n\nS. 79A(7) inserted by No. 15/2018 s. 10(3).\n\n(7) If the regulations provide for a remission or refund of a fee fixed under subsection (2)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.\n\nPt 7A (Heading and ss 79B–79D) inserted by No. 11/2020 s. 27, amended by No. 27/2020 s. 21, repealed by No. 6230/1958 s. 79D (as amended by No. 27/2020 s. 21).\n\nPart VIII—Miscellaneous\n\nNo. 6117 s. 80.\n\nS. 80 amended by Nos 7705 s. 9(r), 9554 s. 2(2)(Sch. 2 item 51), 19/1989 s. 14(a)(i)–(vi)(b)(c), substituted by No. 10/1999 s. 28(1), repealed by No. 58/2013 s. 45.\n\nS. 80AA inserted by No. 10/1999 s. 28(1) amended by Nos 68/2009 s. 97(Sch. item 35.16), 30/2010 s. 80, repealed by No. 58/2013 s. 45.\n\nS. 80A inserted by No. 9639 s. 2.\n\n","sortOrder":135},{"sectionNumber":"80A","sectionType":"section","heading":"Publishing particulars of issued summonses an offence","content":"\t80A Publishing particulars of issued summonses an offence\n\nAny person who, in the course of a business of publishing information with respect to debtors, publishes or causes to be published in any newspaper, gazette, journal, periodical circular, newsletter, letter, or like document information with respect to the commencement of proceedings for debts or liquidated demands so as to identify defendants thereto before judgments are entered against them for the amounts claimed or any part thereof shall be guilty of an offence.\n\n1. 5 penalty units.\n\nNote to s. 80A inserted by No. 58/2013 s. 46.\n\nThe **Open Courts Act 2013** governs suppression orders and closed court orders generally in relation to the court.\n\nNo. 6117 s. 81.\n\nS. 81 amended by Nos 7705 s. 9(s), 46/1987 s. 6, 19/1989 s. 14(d)(i)–(iii)(e), 8/1991 s. 19(2), repealed by No. 10/1999 s. 28(2).\n\nNo. 6117 s. 82.\n\n","sortOrder":136},{"sectionNumber":"82","sectionType":"section","heading":"No privilege to exempt persons from provisions of Act","content":"\t82 No privilege to exempt persons from provisions of Act\n\nNo privilege shall be allowed to any counsel or practitioner or other person to exempt him from the provisions of this Act.\n\nNo. 6117 s. 83.\n\n","sortOrder":137},{"sectionNumber":"83","sectionType":"section","heading":"Certain actions in Supreme Court to be stayed","content":"\t83 Certain actions in Supreme Court to be stayed\n\nS. 83(1) amended by Nos 9007 s. 2(d), 19/1989 s. 14(f)(i)–(iv).\n\n(1) If any proceeding is instituted in the Supreme Court for any debt (other than on a bill of exchange or promissory note for $100 or upwards) for which a writ might have been issued in the County Court, the Supreme Court may before an appearance is entered by the defendant, if final judgment has not been signed by the plaintiff, order that upon payment by the defendant to the plaintiff within a time to be named in such order of the debt for which such proceeding is brought without costs all further proceedings shall be stayed.\n\nS. 83(2) amended by Nos 19/1989 s. 14(g), 35/1996  \ns. 453(Sch. 1 item 15.13).\n\n(2) Thereupon in case default is made in payment of such debt the plaintiff may at once sign final judgment for the said debt and for the costs hereinafter mentioned as if no such order had been made; and in that case the costs of and occasioned by the said application as well as the costs of the proceeding shall be assessed in the ordinary way, and the plaintiff may upon such judgment issue execution according to the course and practice of the court.\n\nS. 84  \ninserted by No. 6951 s. 8, amended by No. 19/1989 s. 14(h).\n\n","sortOrder":138},{"sectionNumber":"84","sectionType":"section","heading":"Securities for money, marketable securities etc. seized under warrant","content":"\t84 Securities for money, marketable securities etc. seized under warrant\n\n(1) Where in pursuance of any warrant issued out of the court any cheques bills of exchange promissory notes bonds specialties or other securities for money are seized by any bailiff the bailiff shall hold the same as security for the amount directed to be levied or any part thereof and the judgment creditor shall be entitled, in the name of the judgment debtor or of any other person in whose name the judgment debtor may be entitled to proceed, to sue for the recovery of any sum or sums secured or made payable by or under any such cheque bill of exchange promissory note bond specialty or other security.\n\nS. 84(2)(a) amended by Nos 9699 s. 23, 19/1989 s. 14(i), 44/2001 s. 3(Sch. item 25).\n\n(2) (a) In the execution of any warrant issued out of the court a bailiff may seize and sell or dispose of any marketable securities within the meaning of the Corporations Act which are standing in the name of any person against whom the warrant has issued.\n\n(b) Upon the bailiff signing a sale note thereof any person to whom such marketable securities are sold or disposed of under this subsection shall be entitled thereto and to all the rights and privileges thereof and shall be subject to all liabilities in relation thereto in all respects as if the previous holder thereof had executed an instrument of transfer of such marketable securities to the purchaser.\n\nS. 85  \ninserted by No. 6951 s. 8, amended by No. 9019 s. 2(1)(Sch. item 33), repealed by No. 19/1989 s. 14(j).\n\nS. 86  \ninserted by No. 6951 s. 8.\n\n","sortOrder":139},{"sectionNumber":"86","sectionType":"section","heading":"Transfer of judgment to Supreme Court","content":"\t86 Transfer of judgment to Supreme Court\n\n(1) Whenever any judgment has been entered the registrar shall, upon application made by the judgment creditor or any person on his behalf, grant and issue to the person making the application a certificate of such judgment and of the amount remaining due and unpaid thereon and shall make a minute of the grant of such certificate in the register.\n\n(2) No such certificate shall be granted—\n\n(a) before the expiration of any time during which execution could not be issued out of the County Court;\n\n(b) if any warrant of execution has been issued out of the County Court under that judgment against the person of the judgment debtor; or\n\n(c) until after the return of any warrant of execution issued out of the County Court under that judgment against the goods and chattels of the judgment debtor.\n\n(3) After the issue of any such certificate no further proceedings shall be had or taken in the County Court.\n\nS. 86(4) amended by Nos 9633 s. 8, 9967 s. 10.\n\n(4) Any such certificate may be filed in the Supreme Court and thereupon without any previous process final judgment may be entered in that court (on which judgment no appeal or proceeding in error shall lie) for the sum mentioned in such certificate to be unpaid together with interest thereon at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** from the day named in the certificate until the day of the said final judgment and all costs fees and charges of obtaining the said certificate and entering such final judgment.\n\n(5) Upon the entry of such judgment execution may be forthwith issued in the Supreme Court as for any other judgment of the said Court.\n\nS. 87  \ninserted by No. 16/1986 s. 15.\n\n","sortOrder":140},{"sectionNumber":"87","sectionType":"section","heading":"Council of Judges","content":"\t87 Council of Judges\n\n(1) A Council of the Judges of the Court, after notice has been given to all the Judges, must meet for the following purposes once at least in each year on such day or days as are fixed by the Chief Judge—\n\n(a) considering the operation of this Act and the Rules;\n\n(b) considering the working of the several offices and the arrangements relating to the duties of the officers of the Court;\n\n(c) inquiring into and examining any defects which appear to exist in the system of procedure or the administration of the law in the Court or in any other court from which any appeal lies to the Court.\n\n(2) The Judges must report annually to the Governor in respect of the operation of the court.\n\nS. 87(3) amended by Nos 9/1995  \ns. 8(5), 14/2006 s. 11, 28/2007 s. 3(Sch. item 15), 24/2008 s. 71(3), 5/2013 s. 29.\n\n(3) In this section ***Judges*** does not include a reserve judge or an associate judge.\n\nS. 87(4) inserted by No. 3/2016 s. 30, substituted by No. 1/2022 s. 39.\n\n(4) The Chief Judge who is a dual commission holder is—\n\n(a) a member of the Council of Judges of the Court; and\n\n(b) a member of the Council of Judges under section 28 of the **Supreme Court Act 1986**.\n\nNote to s. 87 inserted by No. 16/2016 s. 196.\n\nSee Divisions 1 and 2 of Part 6 of the **Judicial Commission of Victoria Act 2016** which specifies functions for the Council of Judges.\n\nS. 88  \ninserted by No. 35/1996  \ns. 453(Sch. 1 item 15.14).\n\n","sortOrder":141},{"sectionNumber":"88","sectionType":"section","heading":"Robing of Judges","content":"\t88 Robing of Judges\n\nAll matters pertaining to the robing of judges are to be determined by the Chief Judge after consultation with the Council of the Judges.\n\nS. 89  \ninserted by No. 10/1999 s. 29, amended by No. 38/2017 s. 79(3).\n\n","sortOrder":142},{"sectionNumber":"89","sectionType":"section","heading":"Transitional provisions","content":"\t89 Transitional provisions\n\nThe amendments of this Act made by sections 27 and 28 of the **Magistrates' Court (Amendment) Act 1999** apply to proceedings, whether commenced before or after the commencement of those sections.\n\nS. 90 inserted by No. 3/2005 s. 9.\n\n","sortOrder":143},{"sectionNumber":"90","sectionType":"section","heading":"Transitional provision—reserve judges","content":"\t90 Transitional provision—reserve judges\n\nThe repeal of sections 13A, 16 and 16A by section 7 of the **Courts Legislation (Judicial Appointments and Other Amendments) Act 2005** does not affect an election or appointment made under section 13A, 16 or 16A before the commencement of section 7 of that Act and a judge who has made such an election or been so appointed and who holds the office of judge immediately before that commencement continues in that office subject to section 13A, 16 or 16A (as the case may be) as if that section had not been repealed.\n\nS. 91 inserted by No. 50/2006 s. 4.\n\n","sortOrder":144},{"sectionNumber":"91","sectionType":"section","heading":"Transitional provisions—Courts Legislation (Jurisdiction) Act 2006","content":"\t91 Transitional provisions—Courts Legislation (Jurisdiction) Act 2006\n\nThe amendments of this Act made by section 3 of the **Courts Legislation (Jurisdiction) Act 2006** apply only to proceedings commenced on or after the commencement of that section.\n\nS. 92  \ninserted by No. 24/2008 s. 72.\n\n","sortOrder":145},{"sectionNumber":"92","sectionType":"section","heading":"Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008","content":"\t92 Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008\n\n(1) Unless the contrary intention appears, on and from the commencement of section 53 of the **Courts Legislation Amendment (Associate Judges) Act 2008**, a reference in any Act (other than that Act), subordinate instrument or other document, to a master of the County Court is to be construed as a reference to an associate judge of the County Court.\n\n(2) Nothing in the **Courts Legislation Amendment (Associate Judges) Act 2008** affects the pension entitlements of a master who resigned, retired or died before the commencement of section 56 of that Act or the spouse or partner or eligible child of such a master and—\n\n(a) subject to paragraph (b), those entitlements continue in existence as if the amendments made by that Act had not been made;\n\n(b) a reference in section 17B to the annual salary for the time being applicable or payable in respect of an office held immediately before retirement or at the date of death, resignation or retirement is, in relation to a former master who resigned or retired before the commencement of section 56 of the **Courts Legislation Amendment (Associate Judges) Act 2008** or the spouse or partner or eligible child of such a former master, a reference to the annual salary for the time being payable under section 17AA(1) of the **County Court Act 1958** in respect of the office of associate judge.\n\nS. 93 inserted by No. 51/2008 s. 9.\n\n","sortOrder":146},{"sectionNumber":"93","sectionType":"section","heading":"Transitional provision—County Court Amendment (Koori Court) Act 2008","content":"\t93 Transitional provision—County Court Amendment (Koori Court) Act 2008\n\nThe amendments made to this Act by section 6 of the **County Court Amendment (Koori Court) Act 2008** apply to any proceeding, irrespective of when the offence to which the proceeding relates was committed or when the proceeding commenced, but does not apply to a proceeding in which the accused was arraigned before the commencement of that section.\n\nS. 94 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 12.2).\n\n","sortOrder":147},{"sectionNumber":"94","sectionType":"section","heading":"Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009","content":"\t94 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009\n\nSection 4G, as amended by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, does not apply to a sentencing hearing that commenced before the day that Act commenced and that—\n\n(a) continued on or after that day; or\n\n(b) was adjourned until that day or a day after that day.\n\nS. 95 inserted by No. 26/2012 s. 17.\n\n","sortOrder":148},{"sectionNumber":"95","sectionType":"section","heading":"Transitional provision—Courts and Sentencing Legislation Amendment Act 2012","content":"\t95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012\n\nThis Act, as amended by sections 13 and 15 of the **Courts and Sentencing Legislation Amendment Act 2012**,  applies to a proceeding for an offence or a contravention of sentence irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.\n\nS. 96 inserted by No. 5/2013 s. 30.\n\n","sortOrder":149},{"sectionNumber":"96","sectionType":"section","heading":"Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013","content":"\t96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013\n\n(1) On and from the commencement of section 24 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, a person who held the office of acting judge under section 11 as in force immediately before its repeal is taken to hold the office of reserve judge as if he or she had been appointed as a reserve judge under section 12.\n\n(2) If a person referred to in subsection (1) was engaged under section 11 as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 24 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, that engagement continues until its expiry as if it were an engagement under section 12B.\n\n(3) Unless inconsistent with the context or the subject matter, on and from the commencement of section 24 of the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**, a reference in any Act (other than this Act or the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**), subordinate instrument or any other document to an acting judge, being an acting judge appointed under section 11 as in force immediately before its repeal, is to be construed as a reference to a reserve judge so far as the reference relates to any period on or after that commencement.\n\nS. 97 inserted by No. 5/2013 s. 30, repealed by No. 6230 s. 97(4).\n\nS. 98  \ninserted by No. 58/2013 s. 47.\n\n","sortOrder":150},{"sectionNumber":"98","sectionType":"section","heading":"Savings—Open Courts Act 2013","content":"\t98 Savings—Open Courts Act 2013\n\n(1) Despite the repeal of section 36A(3), (4) and (5) by the **Open Courts Act 2013**, section 36A(3), (4) and (5) (as in force immediately before their repeal) continue to apply on and after that repeal in relation to a proceeding commenced to be heard (but not determined) by the court before that repeal.\n\n(2) Despite the repeal of section 36A(3) by the **Open Courts Act 2013**, an order made under section 36A(3) (as in force immediately before its repeal) and in force at the date of that repeal continues to apply on and after that repeal.\n\n(3) Despite the repeal of sections 80 and 80AA by the **Open Courts Act 2013**, sections 80 and 80AA (as in force immediately before their repeal) continue to apply on and after that repeal in relation to a proceeding commenced to be heard (but not determined) by the court before that repeal.\n\n(4) Despite the repeal of section 80 by the **Open Courts Act 2013**, an order made under section 80 (as in force immediately before its repeal) and in force at the date of that repeal continues to apply on and after that repeal.\n\nS. 99 inserted by No. 63/2013 s. 39.\n\n","sortOrder":151},{"sectionNumber":"99","sectionType":"section","heading":"Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013","content":"\t99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013\n\nA reserve judge currently engaged by the Attorney-General under section 12B as in force immediately before the amendment of that section by the **Courts Legislation Amendment (Judicial Officers) Act 2013** is taken to have been engaged by the Chief Judge under section 12B as amended by that Act and his or her engagement continues and has effect accordingly.\n\nS. 100 inserted by No. 3/2016 s. 12.\n\n","sortOrder":152},{"sectionNumber":"100","sectionType":"section","heading":"Transitional provision—Justice Legislation Further Amendment Act 2016","content":"\t100 Transitional provision—Justice Legislation Further Amendment Act 2016\n\nEach person who holds the office of Aboriginal elder or respected person immediately before the commencement of section 11 of the **Justice Legislation Further Amendment Act 2016** continues, on and from that commencement, to hold that office on the same terms and conditions as applied to the person immediately before that commencement, as if the person had been appointed by the Chief Executive Officer.\n\nS. 101 inserted by No. 3/2016 s. 31.\n\n","sortOrder":153},{"sectionNumber":"101","sectionType":"section","heading":"Transitional provision—Justice Legislation Further Amendment Act 2016","content":"\t101 Transitional provision—Justice Legislation Further Amendment Act 2016\n\n(1) Within 3 months of the commencement of section 33(3) of the **Justice Legislation Further Amendment Act 2016**, the Attorney-General must recommend to the Governor in Council under section 8(1) the appointment of the person who holds the office of Chief Magistrate immediately before that commencement and also at the date of the recommendation to the office of judge under this Act (other than the Chief Judge).\n\n(2) On the making of the appointment referred to in subsection (1), the Chief Magistrate concurrently holds both the office of Chief Magistrate under the **Magistrates' Court Act 1989** and the office of judge (other than Chief Judge or reserve judge) under this Act.\n\n(3) Nothing in section 7(2B) of the **Magistrates' Court Act 1989**, as inserted by section 33(3) of the **Justice Legislation Further Amendment Act 2016**, affects the validity of the appointment of the Chief Magistrate holding office immediately before section 33(3) of that Act commenced.\n\n(4) Nothing in section 8(1B), as inserted by section 25(2) of the **Justice Legislation Further Amendment Act 2016**, affects the validity of the appointment of the Chief Judge holding office immediately before section 25(2) of that Act commenced.\n\nS. 102 inserted by No. 19/2017 s. 49.\n\n","sortOrder":154},{"sectionNumber":"102","sectionType":"section","heading":"Transitional provisional—Family Violence Protection Amendment Act 2017","content":"\t102 Transitional provisional—Family Violence Protection Amendment Act 2017\n\n(1) The amendment made to section 4DA of this Act by section 46 of the **Family Violence Protection Amendment Act 2017** applies, on and after the commencement of section 46 of that Act, to the contravention or variation of a sentence (including any offence constituted by a contravention of a sentence)—\n\n(a) irrespective of when the offence to which that sentence relates was committed; and\n\n(b) in the case of a contravention, irrespective of when the contravention occurred.\n\n(2) The amendment made to section 4E of this Act by section 47 of the **Family Violence Protection Amendment Act 2017** applies to the following matters on and after the commencement of section 47 of that Act—\n\n(a) a proceeding for an offence irrespective of when that offence was committed;\n\n(b) an appeal referred to in section 4D of this Act irrespective of when the sentence to which that appeal relates was imposed.\n\nS. 103 inserted by No. 33/2018 s. 62.\n\n","sortOrder":155},{"sectionNumber":"103","sectionType":"section","heading":"Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018","content":"\t103 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018\n\nThe amendment made to section 78 by the **Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018** does not affect the validity or operation of any Rules made under that section as in force immediately before that amendment.\n\nS. 104 inserted by No. 43/2020 s. 5.\n\n\t104 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020\n\nOn and after the commencement of section 3 of the **Justice Legislation Amendment (Drug Court and Other Matters) Act 2020**, section 4AAB as inserted by that section applies to a criminal proceeding regardless of when the offence to which that proceeding relates is alleged to have been committed.\n\nS. 103A inserted by No. 11/2020 s. 28, renumbered as s. 105 by No. 12/2024 s. 63.\n\n\t105 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020\n\nOn and after the repeal of section 79C, that section continues to apply, despite its repeal, in relation to any issue or proceeding that the court—\n\n(a) has determined to decide or determine under that section entirely on the basis of written submissions and without the appearance of the parties; and\n\n(b) has not yet so decided or determined.\n\nSchedules\n\nFirst Schedule\n\n| *Number of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 5797 | **Judges (Powers) Act 1954** | So much as is not already repealed |\n| 6117 | **County Court Act 1957** | The whole |\n\nSch. 2 repealed by No. 11/2002 s. 3(Sch. 1 item 12).\n\nSch. 3 repealed by No. 8132  \ns. 4.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **County Court Act 1958** was assented to on 30 September 1958 and came into operation 1 April 1959: Government Gazette 18 March 1959 page 892.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **County Court Act 1958** by Acts and subordinate instruments.\n\n**County Court Act 1958, No. 6230/1958**\n\n| Assent Date: | 30.9.58 |\n| Commencement Date: | S. 97(4) inserted on 27.2.13 by No. 5/2013 s. 30: s. 2(1); s. 79D inserted on 25.4.20 by No. 11/2020 s. 27: s. 2 (as amended by No. 27/2020 s. 21) |\n| Note: | S. 97(4) repealed s. 97 on 27.2.15: s. 97(4); s. 79D repealed Pt VIIA (ss 79B–79D) on 26.4.21 |\n\n**Supreme Court and County Court (Judges) Act 1958, No. 6429/1958**  \n(as amended by No. 6489)\n\n| Assent Date: | 14.10.58 |\n| Commencement Date: | 14.10.58 |\n\n**Judges Salaries Act 1958, No. 6470/1958** (as amended by No. 6489)\n\n| Assent Date: | 9.12.58 |\n| Commencement Date: | 1.7.58: s. 1(2) |\n\n**Judges Salaries and Allowances Act 1960, No. 6621/1960**\n\n| Assent Date: | 1.6.60 |\n| Commencement Date: | 21.2.60: s. 1(2) |\n\n**Subordinate Legislation Act 1962, No. 6886/1962** (as amended by No. 6961)\n\n| Assent Date: | 8.5.62 |\n| Commencement Date: | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n\n**County Court (Judges) Act 1962, No. 6891/1962**\n\n| Assent Date: | 1.10.62 |\n| Commencement Date: | 1.10.62 |\n\n**Judges' Pensions Act 1962, No. 6901/1962**\n\n| Assent Date: | 30.10.62 |\n| Commencement Date: | 30.10.62 |\n\n**County Court (Amendment) Act 1962, No. 6951/1962**\n\n| Assent Date: | 11.12.62 |\n| Commencement Date: | 11.12.62 |\n\n**Judges Salaries and Allowances Act 1963, No. 7055/1963**\n\n| Assent Date: | 26.11.63 |\n| Commencement Date: | 1.7.63: s. 1(2) |\n\n**Judges' Pensions Act 1963, No. 7066/1963**\n\n| Assent Date: | 3.12.63 |\n| Commencement Date: | 3.12.63 |\n\n**Judges' Salaries and Allowances Act 1965, No. 7346/1965**\n\n| Assent Date: | 14.12.65 |\n| Commencement Date: | 1.12.65: s. 1(2) |\n\n**County Court (Common Law Jurisdiction) Act 1966, No. 7420/1966**\n\n| Assent Date: | 24.5.66 |\n| Commencement Date: | 1.8.66: Government Gazette 13.7.66 p. 2421 |\n\n**Supreme and County Courts (Sittings) Act 1967, No. 7522/1967**\n\n| Assent Date: | 15.3.67 |\n| Commencement Date: | 23.1.67: s. 1(2) |\n\n**Judges and Public Officers Salaries Act 1967, No. 7581/1967**\n\n| Assent Date: | 21.11.67 |\n| Commencement Date: | 1.7.67: s. 1 |\n\n**Juries Act 1967, No. 7651/1967**\n\n| Assent Date: | 19.12.67 |\n| Commencement Date: | Ss 1, 2(3)–(5) on 19.12.67: s. 1(2) (as amended by No. 7725 s. 2(a)); s. 15(1)(2) on 1.12.68: Government Gazette 27.11.68 p. 3854; rest of Act on 1.1.69: Government Gazette 4.12.68 p. 3919 |\n\n**County Court (Jurisdiction) Act 1968, No. 7705/1968**\n\n| Assent Date: | 15.10.68 |\n| Commencement Date: | 1.1.69: Government Gazette 4.12.68 p. 3919 |\n\n**Mines (Abolition of Courts) Act 1969, No. 7840/1969**\n\n| Assent Date: | 20.5.69 |\n| Commencement Date: | 20.5.69 |\n\n**Judges' Salaries and Allowances Act 1970, No. 7940/1970**\n\n| Assent Date: | 24.3.70 |\n| Commencement Date: | 1.1.70: s. 1(2) |\n\n**Judges Pensions Act 1970, No. 7973/1970**\n\n| Assent Date: | 13.4.70 |\n| Commencement Date: | 5.6.70: Government Gazette 27.5.70 p. 1466 |\n\n**Judges' Pensions (Amendment) Act 1970, No. 7985/1970**\n\n| Assent Date: | 20.10.70 |\n| Commencement Date: | 5.6.70: s. 1(2) |\n\n**County Court (Jurisdiction) Act 1971, No. 8132/1971**\n\n| Assent Date: | 4.5.71 |\n| Commencement Date: | 4.5.71 |\n\n**Judges Salaries and Allowances Act 1971, No. 8183/1971**\n\n| Assent Date: | 23.11.71 |\n| Commencement Date: | 23.11.71 |\n\n**County Court (Jurisdiction) Act 1972, No. 8263/1972**\n\n| Assent Date: | 9.5.72 |\n| Commencement Date: | 9.5.72 |\n\n**Local Government Act 1972, No. 8291/1972**\n\n| Assent Date: | 13.5.72 |\n| 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 |\n\n**Judges Salaries and Allowances Act 1973, No. 8481/1973**\n\n| Assent Date: | 27.11.73 |\n| Commencement Date: | 27.11.73: s. 2(1) |\n\n**County Court (Chief Judge) Act 1974, No. 8625/1974**\n\n| Assent Date: | 10.12.74 |\n| Commencement Date: | 18.3.75: Government Gazette 13.3.75 p. 577 |\n\n**Judges Salaries and Allowances Act 1975, No. 8680/1975**\n\n| Assent Date: | 29.4.75 |\n| Commencement Date: | 29.4.75: s. 1(2) |\n\n**Judges Salaries Act 1976, No. 8853/1976**\n\n| Assent Date: | 8.6.76 |\n| Commencement Date: | 8.6.76: Government Gazette 8.6.76 p. 1665 |\n\n**County Court (Amendment) Act 1976, No. 8883/1976**\n\n| Assent Date: | 19.10.76 |\n| Commencement Date: | 19.10.76: s. 1(3) |\n\n**Employers and Employés (Repeal) Act 1976, No. 8915/1976** (as amended by No. 9059)\n\n| Assent Date: | 7.12.76 |\n| Commencement Date: | 7.12.76: s. 1(2) |\n\n**County Court (Amendment) Act 1977, No. 9007/1977**\n\n| Assent Date: | 10.5.77 |\n| Commencement Date: | 10.5.77: s. 1(3) |\n\n**Statute Law Revision Act 1977, No. 9019/1977**\n\n| Assent Date: | 17.5.77 |\n| Commencement Date: | 17.5.77: subject to s. 2(2) |\n\n**Judges Salaries Act 1977, No. 9063/1977**\n\n| Assent Date: | 29.11.77 |\n| Commencement Date: | 30.11.77: Government Gazette 30.11.77 p. 3646 |\n\n**Age of Majority Act 1977, No. 9075/1977**\n\n| Assent Date: | 6.12.77 |\n| Commencement Date: | 1.2.78: Government Gazette 11.1.78 p. 97 |\n\n**Judges Salaries Act 1978, No. 9176/1978**\n\n| Assent Date: | 31.10.78 |\n| Commencement Date: | 8.11.78: Government Gazette 8.11.78 p. 3496 |\n\n**Judges Salaries Act 1979, No. 9293/1979**\n\n| Assent Date: | 23.10.79 |\n| Commencement Date: | 31.10.79: Government Gazette 31.10.79 p. 3461 |\n\n**County Court (Jurisdiction) Act 1979, No. 9308/1979**\n\n| Assent Date: | 11.12.79 |\n| Commencement Date: | 1.11.80: Government Gazette 3.9.80 p. 3017 |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| Assent Date: | 27.5.80 |\n| Commencement Date: | 27.5.80: subject to s. 6(2) |\n\n**Judges' Salaries and Pensions Act 1980, No. 9468/1980**\n\n| Assent Date: | 16.12.80 |\n| Commencement Date: | 16.12.80: s. 1(2) |\n\n**Statute Law Revision Act 1981, No. 9549/1981**\n\n| Assent Date: | 19.5.81 |\n| Commencement Date: | 19.5.81: subject to s. 2(2) |\n\n**Penalties and Sentences Act 1981, No. 9554/1981**\n\n| Assent Date: | 19.5.81 |\n| Commencement Date: | S. 2(2)(Sch. 2 items 46–51) on 1.9.81: Government Gazette 26.8.81 p. 2700 |\n\n**Penalty Interest Rates Act 1981, No. 9633/1981**\n\n| Assent Date: | 8.12.81 |\n| Commencement Date: | 1.4.82: Government Gazette 17.2.82 p. 456 |\n\n**Listing of Debtors Act 1981, No. 9639/1981**\n\n| Assent Date: | 15.12.81 |\n| Commencement Date: | 15.12.81: s. 1(2) |\n\n**Companies (Consequential Amendment) Act 1981, No. 9699/1981**\n\n| Assent Date: | 5.1.82 |\n| Commencement Date: | S. 23(Sch. 2) on 1.7.82: s. 2(1) |\n\n**Judges Salaries Act 1982, No. 9813/1982**\n\n| Assent Date: | 14.12.82 |\n| Commencement Date: | Ss 2, 4 on 14.11.82: s. 1(2); rest of Act on 1.1.83: s. 1(2) |\n\n**Instruments (Bills of Exchange) Act 1983, No. 9947/1983**\n\n| Assent Date: | 27.9.83 |\n| Commencement Date: | 27.9.83: s. 1(3) |\n\n**County Court (Jurisdiction) Act 1983, No. 9957/1983**\n\n| Assent Date: | 15.11.83 |\n| Commencement Date: | 15.11.83: s. 1(3) |\n\n**Penalty Interest Rates Act 1983, No. 9967/1983**\n\n| Assent Date: | 22.11.83 |\n| Commencement Date: | 1.7.83: s. 1(3) |\n\n**Courts (Powers of Investment) Act 1983, No. 10013/1983**\n\n| Assent Date: | 13.12.83 |\n| Commencement Date: | 1.1.84: Government Gazette 29.12.83 p. 4150 |\n\n**County Court (Amendment) Act 1984, No. 10117/1984**\n\n| Assent Date: | 30.10.84 |\n| Commencement Date: | S. 5 on 3.9.84: s. 2(2); rest of Act on 30.10.84: s. 2(1) |\n\n**Health (Amendment) Act 1985, No. 10262/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 |\n\n**Courts Amendment Act 1986, No. 16/1986** (as amended by No. 107/1986)\n\n| Assent Date: | 22.4.86 |\n| Commencement Date: | S. 11 on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n\n**Guardianship and Administration Board Act 1986, No. 58/1986**\n\n| Assent Date: | 3.6.86 |\n| Commencement Date: | S. 66 on 14.7.87: Government Gazette 8.7.87 p. 1792 |\n\n**Courts (Further Amendment) Act 1986, No. 107/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | Ss 6(2), 9 on 22.4.86: s. 2(2); s. 6(1)(a)(b) on 1.6.87: Government Gazette 27.5.87 p. 1236 |\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | 1.1.87: s. 2 |\n\n**Judicial Salaries Act 1987, No. 4/1987**\n\n| Assent Date: | 31.3.87 |\n| Commencement Date: | 3.6.87: Government Gazette 3.6.87 p. 1040 |\n\n**Equal Opportunity (Amendment) Act 1987, No. 46/1987**\n\n| Assent Date: | 25.8.87 |\n| Commencement Date: | 1.12.87: Government Gazette 21.10.87 p. 2777 |\n\n**Courts (Amendment) Act 1987, No. 85/1987**\n\n| Assent Date: | 1.12.87 |\n| Commencement Date: | S. 6 on 1.12.87: s. 2(2); rest of Act on 13.1.88: Government Gazette 13.1.88 p. 35 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| Commencement Date: | S. 4(1)(Sch. 2 items 18.1–18.3) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 item 18.4) on 1.10.92: Government Gazette 23.9.92 p. 2789 |\n\n**County Court (Amendment) Act 1989, No. 19/1989**\n\n| Assent Date: | 16.5.89 |\n| Commencement Date: | 1.8.89: Government Gazette 26.7.89 p. 1858 |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| 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 |\n\n**Courts (Amendment) Act 1990, No. 64/1990**\n\n| Assent Date: | 20.11.90 |\n| Commencement Date: | S. 13 on 1.6.91: Government Gazette 15.5.91 p. 1274 |\n\n**Mineral Resources Development Act 1990, No. 92/1990**\n\n| Assent Date: | 18.12.90 |\n| Commencement Date: | S. 128(Sch. 1 item 3) on 6.11.91: Government Gazette 30.10.91 p. 2970 |\n\n**Crimes (Sexual Offences) Act 1991, No. 8/1991**\n\n| Assent Date: | 16.4.91 |\n| Commencement Date: | S. 19 on 5.8.91: Government Gazette 24.7.91 p. 2026 |\n\n**Courts (Case Transfer) Act 1991, No. 43/1991**\n\n| Assent Date: | 18.6.91 |\n| 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 |\n\n**Financial Management Act 1994, No. 18/1994**\n\n| Assent Date: | 10.5.94 |\n| Commencement Date: | Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |\n\n**Public Prosecutions Act 1994, No. 43/1994**\n\n| Assent Date: | 7.6.94 |\n| Commencement Date: | Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) |\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n\n**Courts (General Amendment) Act 1995, No. 9/1995**\n\n| Assent Date: | 26.4.95 |\n| Commencement Date: | Ss 8, 11(2) on 27.4.95: Government Gazette 27.4.95 p. 973 |\n\n**Judicial Remuneration Tribunal Act 1995, No. 22/1995**\n\n| Assent Date: | 16.5.95 |\n| Commencement Date: | Pt 1 (ss 1–3), s. 29 on 16.5.95: s. 2(1); ss 18, 23 on 18.5.95: Government Gazette 18.5.95 p. 1179; rest of Act on 28.9.95: Government Gazette 28.9.95 p. 2731 |\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 453(Sch. 1 items 15.1–15.14) on 1.1.97: s. 2(3) |\n\n**Courts and Tribunals (General Amendment) Act 1996, No. 64/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | Pt 5 (ss 13–18) on 17.12.96: s. 2(1) |\n\n**Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997**\n\n| Assent Date: | 22.4.97 |\n| Commencement Date: | S. 6 on 22.12.97: Government Gazette 18.12.97 p. 3612 |\n\n**State Trustees (Amendment) Act 1998, No. 15/1998**\n\n| Assent Date: | 28.4.98 |\n| Commencement Date: | S. 8 on 1.8.98: s. 2(3) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Magistrates' Court (Amendment) Act 1999, No. 10/1999**\n\n| Assent Date: | 11.5.99 |\n| Commencement Date: | Ss 27–29, 31(6) on 11.5.99: s. 2(1) |\n\n**Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000**\n\n| Assent Date: | 28.3.00 |\n| Commencement Date: | S. 4 on 1.7.00: s. 2(2) |\n\n**Juries Act 2000, No. 53/2000**\n\n| Assent Date: | 12.9.00 |\n| Commencement Date: | S. 93 on 1.8.01: s. 2(3) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 29) on 22.11.00: s. 2(1) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 17) on 1.6.01: s. 2(2) |\n\n**Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001**\n\n| Assent Date: | 29.5.01 |\n| Commencement Date: | Ss 11–15 on 30.5.01: s. 2 |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 25) on 15.7.01: s. 2 |\n\n**Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002**\n\n| Assent Date: | 3.4.02 |\n| Commencement Date: | S. 12(3) on 1.1.02: s. 2(2) |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 12) on 24.4.02: s. 2(1) |\n\n**Courts Legislation (Amendment) Act 2003, No. 39/2003**\n\n| Assent Date: | 11.6.03 |\n| Commencement Date: | S. 4 on 1.5.03: s. 2(2) |\n\n**Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004**\n\n| Assent Date: | 18.5.04 |\n| Commencement Date: | S. 13 on 19.5.04: s. 2 |\n\n**Courts Legislation (Funds in Court) Act 2004, No. 30/2004**\n\n| Assent Date: | 1.6.04 |\n| Commencement Date: | Ss 5, 13 on 1.7.04: s. 2 |\n\n**Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004**\n\n| Assent Date: | 1.6.04 |\n| Commencement Date: | Ss 10, 11 on 2.6.04: s. 2 |\n\n**Judicial Salaries Act 2004, No. 38/2004**\n\n| Assent Date: | 8.6.04 |\n| Commencement Date: | S. 13 on 9.6.04: s. 2 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 47) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005**\n\n| Assent Date: | 5.4.05 |\n| Commencement Date: | S. 15 on 6.4.05: s. 2(1); ss 6–9 on 1.5.05: s. 2(2) |\n\n**Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 7 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 25) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | S. 5 on 22.6.05: s. 2(1) |\n\n**Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006**\n\n| Assent Date: | 11.4.06 |\n| Commencement Date: | Ss 8–11 on 12.4.06: s. 2(1) |\n\n**Valuation of Land (Amendment) Act 2006, No. 22/2006**\n\n| Assent Date: | 9.5.06 |\n| Commencement Date: | S. 20 on 1.7.06: s. 2(1) |\n\n**Courts Legislation (Jurisdiction) Act 2006, No. 50/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | Ss 3, 4 on 1.1.07: Government Gazette 5.10.06 p. 2100 |\n\n**Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007**\n\n| Commencement Date: | Ss 4, 11 on 27.6.07: s. 2 |\n\n**Payroll Tax Act 2007, No. 26/2007**\n\n| Commencement Date: | S. 109 on 1.7.07: s. 2(1) |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Commencement Date: | S. 3(Sch. item 15) on 27.6.07: s. 2(1) |\n\n**Criminal Procedure Legislation Amendment Act 2008, No. 8/2008**\n\n| Assent Date: | 18.3.08 |\n| Commencement Date: | S. 10 on 1.7.08: s. 2(5); s. 12(3) on 1.7.10: s. 2(3) |\n\n**Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | Ss 9–15 on 4.6.08: s. 2(1); s. 23 on 1.12.08: s. 2(2) |\n\n**Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | Ss 43–72, 90 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 |\n\n**County Court Amendment (Koori Court) Act 2008, No. 51/2008**\n\n| Assent Date: | 23.9.08 |\n| Commencement Date: | Ss 4–9 on 18.11.08: Special Gazette (No. 307) 18.11.08 p. 1; s. 10(1)(2) on 1.12.08: s. 2(3); s. 10(4) on 8.12.08: s. 2(5); s. 10(3) on 17.12.08: s. 2(4) |\n\n**Courts Legislation Amendment (Costs Court and Other Matters) Act 2008,  \nNo. 78/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | S. 15 on 31.12.09: s. 2(3) |\n\n**Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | Ss 7–9 on 11.12.08: s. 2(1); s. 10 on 17.12.08: s. 2(3) |\n\n**Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009**\n\n| Assent Date: | 10.2.09 |\n| Commencement Date: | S. 37(Sch. 1 item 8) on 1.12.09: s. 2(2) |\n\n**Sheriff Act 2009, No. 9/2009**\n\n| Assent Date: | 24.3.09 |\n| Commencement Date: | S. 72 on 1.10.09: Government Gazette 1.10.09 p. 2539 |\n\n**Superannuation Legislation Amendment Act 2009, No. 38/2009**\n\n| Assent Date: | 30.6.09 |\n| Commencement Date: | Ss 20, 21 on 1.7.09: s. 2(1) |\n\n**Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009**\n\n| Assent Date: | 8.9.09 |\n| Commencement Date: | Ss 7–11 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see **Interpretation of Legislation Act 1984** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| *Assent Date:* | 24.11.09 |\n| *Commencement Date:* | S. 97(Sch. item 35) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| *Assent Date:* | 24.11.09 |\n| *Commencement Date:* | S. 54(Sch. Pt 1 item 12), (Sch. Pt 2 item 16) on 1.1.10: s. 2(2) |\n\n**Consumer Affairs Legislation Amendment Act 2010, No. 1/2010**\n\n| Assent Date: | 9.2.10 |\n| Commencement Date: | S. 103 on 1.8.10: Government Gazette 22.7.10 p. 1628 |\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| *Assent Date:* | 8.6.10 |\n| *Commencement Date:* | S. 54 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n\n**Justice Legislation Amendment Act 2010, No. 30/2010**\n\n| *Assent Date:* | 8.6.10 |\n| *Commencement Date:* | S. 80 on 26.6.10: Government Gazette 24.6.10 p. 1274 |\n\n**Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010**\n\n| *Assent Date:* | 15.6.10 |\n| *Commencement Date:* | S. 3 on 16.6.10: s. 2(3); ss 28–35 on 1.1.11: s. 2(5) |\n\n**Superannuation Legislation Amendment Act 2010, No. 40/2010**\n\n| *Assent Date:* | 30.6.10 |\n| *Commencement Date:* | Ss 107, 108 on 1.7.10: Government Gazette 1.7.10 p. 1359 |\n\n**Civil Procedure Act 2010, No. 47/2010**\n\n| Assent Date: | 24.8.10 |\n| Commencement Date: | Ss 83–87 on 1.1.11: Government Gazette 14.10.10 p. 2404 |\n\n**Justice Legislation Further Amendment Act 2010, No. 64/2010**\n\n| *Assent Date:* | 28.9.10 |\n| *Commencement Date:* | S. 62 on 1.11.10: Government Gazette 21.10.10 p. 2530 |\n\nCommercial Arbitration Act 2011, No. 50/2011\n\n| Assent Date: | 18.10.11 |\n| Commencement Date: | S. 46(Sch. item 4) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 3) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Justice Legislation Amendment Act 2012, No. 23/2012**\n\n| *Assent Date:* | 8.5.12 |\n| *Commencement Date:* | Ss 4, 5 on 9.5.12: s. 2(3) |\n\n**Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012**\n\n| *Assent Date:* | 29.5.12 |\n| *Commencement Date:* | Ss 13–17 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012**\n\n| *Assent Date:* | 20.11.12 |\n| *Commencement Date:* | S. 8 on 21.11.12: s. 2(1) |\n\n**Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013**\n\n| *Assent Date:* | 26.2.13 |\n| *Commencement Date:* | Ss 22–30 on 27.2.13: s. 2(1) |\n\n**Integrity Legislation Amendment Act 2013, No. 28/2013**\n\n| *Assent Date:* | 15.5.13 |\n| *Commencement Date:* | S. 6 on 1.1.13: s. 2(2) |\n\n**Open Courts Act 2013, No. 58/2013**\n\n| Assent Date: | 22.10.13 |\n| Commencement Date: | Ss 43–47 on 1.12.13: s. 2(2) |\n\n**Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013**\n\n| *Assent Date:* | 6.11.13 |\n| *Commencement Date:* | Ss 26–39, 65–73 on 1.2.14: s. 2(2) |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| Assent Date: | 12.11.13 |\n| Commencement Date: | S. 649(Sch. 9 item 8) on 1.7.14: s. 2(1) |\n\n**Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013**\n\n| *Assent Date:* | 19.11.13 |\n| *Commencement Date:* | S. 11 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| *Assent Date:* | 19.11.13 |\n| *Commencement Date:* | S. 3(Sch. 1 item 10) on 9.5.12: s. 2(2)(a) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 26) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014**\n\n| Assent Date: | 8.4.14 |\n| Commencement Date: | S. 10 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 34) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Vexatious Proceedings Act 2014, No. 42/2014**\n\n| Assent Date: | 17.6.14 |\n| Commencement Date: | S. 104 on 31.10.14: s. 2(2) |\n\n**Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014**\n\n| Assent Date: | 9.9.14 |\n| Commencement Date: | Ss 11, 85–89 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |\n\n**Judicial Entitlements Act 2015, No. 29/2015**\n\n| Assent Date: | 11.8.15 |\n| Commencement Date: | Ss 61–67 on 12.8.15: s. 2(1); ss 80–83 on 1.1.16: s. 2(3) |\n\n**Justice Legislation Further Amendment Act 2016, No. 3/2016**\n\n| Assent Date: | 16.2.16 |\n| Commencement Date: | Ss 11, 12, 24–31 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 |\n\n**Judicial Commission of Victoria Act 2016, No. 16/2016**\n\n| Assent Date: | 19.4.16 |\n| Commencement Date: | Ss 191–196 on 1.7.17: s. 2(2) |\n\n**Family Violence Protection Amendment Act 2017, No. 19/2017**\n\n| Assent Date: | 16.5.17 |\n| Commencement Date: | Ss 46–49 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| Assent Date: | 29.8.17 |\n| Commencement Date: | S. 79 on 30.8.17: s. 2(1); s. 33 on 1.5.18: s. 2(4) |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 33) on 1.3.19: s. 2(2) |\n\n**Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018**\n\n| Assent Date: | 29.5.18 |\n| Commencement Date: | Ss 9, 10 on 14.12.18: Special Gazette (No. 497) 23.10.18 p. 1 |\n\n**Legal Identity of Defendants (Organisational Child Abuse) Act 2018, No. 18/2018**\n\n| Assent Date: | 5.6.18 |\n| Commencement Date: | S. 17 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1 |\n\n**Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018**\n\n| Assent Date: | 14.8.18 |\n| Commencement Date: | Ss 59–62 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1 |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 10) on 1.3.20: s. 2(2) |\n\n**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**\n\n| Assent Date: | 24.4.20 |\n| Commencement Date: | Ss 27, 28 on 25.4.20: s. 2 |\n\n**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**\n\n| Assent Date: | 20.10.20 |\n| Commencement Date: | S. 21 on 21.10.20: s. 2 |\n\n**Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020**\n\n| Assent Date: | 8.12.20 |\n| Commencement Date: | Ss 3–5 on 26.4.21: s. 2(2) |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | S. 53 on 26.4.21: s. 2(2) |\n\n**Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021**\n\n| Assent Date: | 10.8.21 |\n| Commencement Date: | Ss 12–17 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1; s. 9 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n\n**Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022**\n\n| Assent Date: | 15.2.22 |\n| Commencement Date: | Ss 36–39 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| Commencement Date: | S. 7(Sch. 1 item 5) on 6.9.23: s. 2 |\n\n**Private Security and County Court Amendment Act 2024, No. 12/2024**\n\n| Assent Date: | 9.4.24 |\n| Commencement Date: | Ss 62, 63 on 10.4.24: s. 2(1) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | S. 113(Sch. 1 item 5) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\nMetric Conversion (County Court Act) Regulations 1973, No. 371/1973\n\n| Date of Making: | 18.12.73 |\n| Date of Commencement: | 1.2.74: reg. 1 |\n\n3 Explanatory details\n\n1. S. 8(1): Section 46(1) of the **Courts and Tribunals (General Amendment) Act 1996**, No. 64/1996 reads as follows:\n\n    46 County Court Act 1958—transitional provisions\n\n  (1) The amendments made by section 13(1) to section 8(1) of the **County Court Act 1958** apply only to appointments made after the commencement of section 13(1). [↑](#endnote-ref-2)\n\n2. S. 18: Section 17 of the **County Court (Amendment) Act 1989**, No. 19/1989 reads as follows:\n\n    17 Transitional provision\n\n  (1) The person who holds office as the registrar of the Court at Melbourne immediately before the commencement of this Act holds office as the registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (2) Each person who holds office as a registrar  \nof the Court (except the registrar of the Court at Melbourne) immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (3) Each person who holds office as an assistant registrar of the Court immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (4) Unless the context otherwise requires, any reference in this or any other Act or in any subordinate instrument or in any document or writing of any kind whatsoever to the registrar of the County Court is to be taken to refer to the registrar or any deputy registrar of the Court. [↑](#endnote-ref-3)\n\n3. S. 47B: Section 46(2) of the **Courts and Tribunals (General Amendment) Act 1996**, No. 64/1996 reads as follows:\n\n  (2) The amendments made by section 15 to the **County Court Act 1958** apply only to proceedings commenced after the commencement of that section. [↑](#endnote-ref-4)\n\n4. S. 48(1): Section 46(3) of the **Courts and Tribunals (General Amendment) Act 1996**, No. 64/1996 reads as follows:\n\n  (3) The amendment made by section 16 to section 48(1) of the **County Court Act 1958** applies only to proceedings commenced after the commencement of section 16. [↑](#endnote-ref-5)\n\n5. S. 70: Section 46(4) of the **Courts and Tribunals (General Amendment) Act 1996**, No. 64/1996 reads as follows:\n\n  (4) The amendments made by section 17 to  \nsection 70 of the **County Court Act 1958** apply to proceedings, whether commenced before or after the commencement of section 17. [↑](#endnote-ref-6)\n\n6. S. 74: Sections 29 and 30 of the **Constitution (Court of Appeal) Act 1994**, No. 109/1994 read as follows:\n\n    29 Proceedings before Full Court\n\n  (1) The **Constitution Act 1975**, the **Supreme Court Act 1986** and the **Crimes Act 1958** and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.\n\n  (2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.\n\n    30 References to Full Court\n\n  A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal. [↑](#endnote-ref-7)\n\n7. S. 76: See note 6. [↑](#endnote-ref-8)\n\n8. S. 78(1)(hf): Section 12 of the **Evidence (Audio Visual and Audio Linking) Act 1997**, No. 4/1997 reads as follows:\n\n    12 Transitional provisions\n\n  (1) An amendment made by a provision of this Act to the **Evidence Act 1958**, the **Supreme Court Act 1986**, the **County Court Act 1958**, the **Magistrates' Court Act 1989** or the **Children and Young Persons Act 1989** applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.\n\n  (2) For the purposes of subsection (1) in its application to criminal proceedings—\n\n  (a) a trial is commenced to be heard on arraignment of the accused person; and\n\n  (b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person. [↑](#endnote-ref-9)\n\n9. S. 78(1)(hg): See note 8. [↑](#endnote-ref-10)","sortOrder":156}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":19,"completionTokens":3658},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted in 1958 simply to consolidate the law establishing Victoria’s County Court as a mid-tier tribunal with limited jurisdiction, the Act has grown into a comprehensive courts administration statute. It now encompasses unlimited civil jurisdiction, specialist criminal divisions (Koori Court and Drug Court), a multi-layered judiciary including part-time, reserve and dual-commission holders, intricate pension and superannuation regimes, electronic litigation processes, and detailed procedural rules. The legislation has far exceeded its original purpose of basic court establishment."},"complexity_factors":["Over 100 sections covering court structure, jurisdiction, judicial pensions, and procedure","More than 30 defined terms including specialist judicial roles and superannuation concepts","Parallel pension schemes for judges, associate judges, and reserve officers requiring actuarial calculations","Complex interaction with Commonwealth family law regarding superannuation splitting and payment flags","Multiple specialist divisions (Koori Court and Drug Court) with unique jurisdictional limits, eligibility tests, and procedural rules","Extensive cross-referencing to other Victorian and Commonwealth legislation","Numerous transitional and savings provisions applying decades of amendments both retrospectively and prospectively","Nested conditions for part-time service arrangements and their effect on pension entitlements"],"plain_english_summary":"**What this Act does**\n\nThis Act creates and governs the **County Court of Victoria** — one of the State’s main trial courts.\n\n**Who it affects**\n- People charged with serious criminal offences (those called *indictable offences* — crimes that usually carry heavier penalties and may involve a jury).\n- Parties in civil disputes such as contract breaches, personal injury, and property claims.\n- Aboriginal offenders who may be dealt with by the **Koori Court Division**, a specialist court that uses a less formal approach and involves Aboriginal elders and community members.\n- People eligible for the **Drug Court Division**, a specialist court focused on treatment and rehabilitation for drug and alcohol dependency instead of standard sentencing.\n- Judicial officers — including the Chief Judge, Deputy Chief Judge, judges, associate judges, reserve judges, and judicial registrars — plus court staff such as registrars and bailiffs.\n\n**Key things the Act covers**\n- **Court structure and officers**: Establishes the County Court and its specialist divisions. It sets out how judicial officers are appointed, what qualifications they need, their salaries, and their retirement arrangements.\n- **Jurisdiction**: Gives the court power to hear most serious criminal cases, civil claims of any size, and appeals from the Magistrates’ Court.\n- **Specialist courts**: Sets up the Koori Court Division (for sentencing Aboriginal offenders who plead guilty, with some exceptions such as sexual offences) and the Drug Court Division (which can make treatment-focused orders).\n- **Judicial pensions and benefits**: Provides detailed pension schemes for judges and associate judges, including rules for part-time work, how pensions are shared after a relationship breakdown under Commonwealth family law, and how pensions can be converted to lump sums (*commutation*) to pay superannuation tax.\n- **Court procedure**: Allows the court to make rules for how cases are run, including mediation, arbitration, electronic filing and service, and hearings decided on written submissions without parties attending in person.\n- **Appeals**: Provides that appeals from a County Court judge go to Victoria’s Court of Appeal, while appeals from an associate judge go to the Supreme Court’s Trial Division.\n\n**Why it matters**\nThe Act underpins how one of Victoria’s busiest courts operates. It determines what cases the court can hear, how judges are appointed and paid, what happens when judicial officers retire, and how specialist courts deliver tailored justice for Aboriginal communities and people with drug and alcohol issues."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (1958) was a consolidation of earlier County Court laws. Its scope has significantly expanded over time through amendments. It now includes specialized divisions (Koori Court, Drug Court), part-time judicial service arrangements, reserve judges and reserve associate judges, judicial registrars, and extensive pension splitting provisions for family law. The Act's original purpose was to consolidate the law relating to the County Court; the current version goes far beyond that, adding many new functions and structures."},"complexity_factors":["Very long Act with over 100 sections and extensive schedules","Numerous defined terms (e.g., ‘judge’, ‘associate judge’, ‘family member’, ‘part-time service arrangement’)","Multiple divisions and subdivisions (e.g., Koori Court Division, Drug Court Division, Associate Judges, Reserve Judges)","Heavy cross-referencing to other Acts (e.g., Sentencing Act, Criminal Procedure Act, Constitution Act, Judicial Entitlements Act)","Complex pension and superannuation provisions with actuarial calculations","Conditional rules and exceptions (e.g., circumstances for Koori Court jurisdiction, part-time service arrangement details)","Transitional provisions and savings clauses that refer to previous versions","Nested definitions within definitions (e.g., ‘domestic partner’ defined by reference to Relationships Act)"],"plain_english_summary":"The County Court Act 1958 is the main law that establishes and governs the County Court of Victoria. It sets out what the court can do, who works there, and how it operates. The court has three main divisions: a general criminal and civil division, a Koori Court Division (for Aboriginal offenders), and a Drug Court Division (for drug-related offences). The Act covers how judges, associate judges, reserve judges, judicial registrars, and other staff are appointed, their pay, pensions, and when they must stop working. It also explains what types of cases the court can hear—most criminal offences except very serious ones like treason, and most civil claims. The Act includes rules for trials, appeals, costs, and how court orders are enforced. Over time, the Act has been heavily amended to add new parts like the Koori Court and Drug Court, part-time working arrangements for judges, and reserve judges who can fill in. The law is very detailed and has many cross-references to other laws."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has almost certainly expanded significantly from its 1958 original. Victorian court reforms over the decades have progressively increased the County Court's civil jurisdiction (the dollar value of claims it can hear) and expanded its criminal jurisdiction. What began as a relatively constrained intermediate court has evolved into a major court handling complex, high-value matters that would historically have gone to the Supreme Court."},"complexity_factors":["Long legislative history since 1958 with numerous amendments creating consolidated complexity","Covers both civil and criminal jurisdiction requiring understanding of both streams of law","Intersects with many other Victorian statutes (e.g. Civil Procedure Act, Criminal Procedure Act, Supreme Court Act)","Provisions relating to judicial appointments involve constitutional and administrative law principles","Limited information provided in the extract makes full assessment difficult — the full Act likely contains technical procedural rules","Court jurisdiction rules can involve monetary thresholds and subject-matter limits that require careful interpretation"],"plain_english_summary":"## County Court Act 1958 (Victoria)\n\nThis is a foundational Victorian law that establishes and governs the **County Court of Victoria** — the middle-tier court in Victoria's court hierarchy, sitting between the Magistrates' Court (lower) and the Supreme Court (higher).\n\n**What it does:**\n- Creates the legal basis for the County Court to exist and operate\n- Sets out the court's powers, jurisdiction (the types of cases it can hear), and procedures\n- Governs how judges are appointed and how the court conducts its business\n\n**Who it affects:**\n- Anyone involved in a civil dispute (e.g. contract disagreements, personal injury claims) or serious criminal matter in Victoria\n- Legal practitioners (lawyers) appearing before the court\n- Judges and court staff\n\n**Why it matters:**\nThe County Court handles some of Victoria's most significant legal matters — including serious criminal trials (often with a jury) and civil claims involving large sums of money. Without this Act, the court would have no legal foundation to operate.\n\n**Important note:** This Act has been in place since 1958 and has been amended many times over the decades, meaning its current form reflects layers of legislative updates built on top of the original structure."}},"importantCases":[],"_links":{"self":"/api/acts/county-court-act-1958","history":"/api/acts/county-court-act-1958/history","analysis":"/api/acts/county-court-act-1958/analysis","conflicts":"/api/acts/county-court-act-1958/conflicts","importantCases":"/api/acts/county-court-act-1958/important-cases","documents":"/api/acts/county-court-act-1958/documents"}}