{"id":"supreme-court-act-1986","name":"Supreme Court Act 1986","slug":"supreme-court-act-1986","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176195,"registerId":"vic-supreme-court-act-1986-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"17F","sectionType":"section","heading":"Costs Judge may direct judicial registrars and costs registrars 30","content":"17F Costs Judge may direct judicial registrars and costs registrars 30\n\n","sortOrder":0},{"sectionNumber":"17G","sectionType":"section","heading":"Powers and functions of costs registrar 30","content":"17G Powers and functions of costs registrar 30\n\n17GA Powers and functions of judicial registrar in Costs Court 31\n\n","sortOrder":1},{"sectionNumber":"17H","sectionType":"section","heading":"Review of costs registrar's determination by judicial registrar 31","content":"17H Review of costs registrar's determination by judicial registrar 31\n\n17HA Review of judicial registrar's determination by Costs Judge 32\n\n17I Appeals 33\n\n17J Costs in proceedings in another court or VCAT 34\n\n17K Transfer of file 34\n\nDivision 3—Powers 35\n\n20 Offence to publish certain information concerning proceedings 35\n\n20A Power to act in cases relating to rates and taxes 35\n\n22 Execution of instruments by order of Court 36\n\n23 Attachment of earnings 37\n\n24 Costs to be in the discretion of Court 37\n\n24A Mediation 37\n\n24B Court may issue or transmit court documents electronically 37\n\nDivision 3B—Immunities and protections 39\n\n24D Immunity and protection of Judge of Court extends to administrative functions 39\n\n24E Immunity and protection of Associate Judges 39\n\n24F Immunity and protection of specified court officers 39\n\n24G Protection of assessors 40\n\nDivision 4—Court Rules 40\n\n25 Power to make Rules 40\n\n26 Manner of making Rules 48\n\n27 Disallowance of Rules 48\n\n27A Protection of special referees, mediators and arbitrators 48\n\nDivision 5—Council of Judges 49\n\n28 Council of Judges 49\n\nDivision 5A—Powers of Chief Justice 50\n\n28AAA Administrative responsibility of Chief Justice 50\n\nDivision 6—Professional development and training 51\n\n28A Professional development and training 51\n\nPart 3—Concurrent administration of law and equity 52\n\n29 Law and equity to be concurrently administered 52\n\n30 Power to stay proceedings 52\n\nPart 4—Inferior courts 53\n\n31 Power of inferior courts with equity jurisdiction 53\n\n32 Transfer of proceeding from inferior court 53\n\n33 Rules of law to apply to inferior courts 54\n\nPart 4A—Group proceeding 55\n\nDivision 1—Preliminary 55\n\n33A Definitions 55\n\n33B Application 56\n\nDivision 2—Commencement of group proceeding 56\n\n33C Commencement of proceeding 56\n\n33D Standing 57\n\n33E Consent of group member 58\n\n33F Persons under disability 58\n\n33G Group proceeding not to be commenced in certain circumstances 58\n\n33H Originating process 59\n\n33J Right of group member to opt out 59\n\n33K Causes of action accruing after commencement 60\n\n33KA Court powers concerning group membership 61\n\n33L Fewer than seven group members 61\n\n33M Distribution costs excessive 62\n\n33N Proceeding not to continue under this Part 62\n\n33P Consequences of proceeding not continuing under this Part 63\n\n33Q Where not all questions common 63\n\n33R Individual questions 64\n\n33S Directions for further proceedings 64\n\n33T Adequacy of representation 64\n\n33U Stay of execution 65\n\n33V Settlement and discontinuance 65\n\n33W Settlement of individual claim 65\n\nDivision 3—Notices 66\n\n33X When notice to be given 66\n\n33Y Notices under section 33X 67\n\nDivision 4—Judgment, etc. 68\n\n33Z Judgment of the Court 68\n\n33ZA Constitution etc. of fund 69\n\n33ZB Effect of judgment 70\n\n","sortOrder":2},{"sectionNumber":"Div 5","sectionType":"division","heading":"Appeals 71","content":"Division 5—Appeals 71\n\n33ZC Appeals 71\n\n","sortOrder":3},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous 72","content":"Division 6—Miscellaneous 72\n\n33ZD Costs 72\n\n33ZDA Group costs orders 72\n\n33ZE Suspension of limitation periods 74\n\n33ZF General power of court to make orders 74\n\n33ZG Order may specify a date by which group members must take a step 74\n\n33ZH Order in event of decision or admission on liability 75\n\n33ZJ Reimbursement of plaintiff's costs 75\n\n33ZK Transitional provisions 76\n\nPart 5—Miscellaneous rules of law 77\n\nDivision 1—General 77\n\n36 Declaratory judgments 77\n\n37 Injunctions and receivers 77\n\n38 Damages in addition to or in place of other remedies 77\n\n39 Foreign law 78\n\n40 Crown payments to be subject to attachment 78\n\n41 Failure to prosecute not a bar to civil remedy 78\n\n42 Property available to satisfy judgment debt 78\n\n43 Standard time in Victoria 79\n\n44 Meaning of *month* in documents 79\n\nDivision 2—Vessels 80\n\n45 Rule as to division of liability for damage or loss 80\n\n46 Liability for loss of life or personal injuries 81\n\n47 Right of contribution 81\n\nDivision 3—Fires 82\n\n48 Proceeding does not lie against person on whose land fire accidentally begins 82\n\nDivision 4—Contracts of minors 82\n\n49 Certain contracts by minors to be void 82\n\n50 No proceeding to be brought on ratification of minor's contract 83\n\n51 Avoiding contract for payment of loan advanced during minority 83\n\nDivision 4A—Administration of children's funds 84\n\n51A Court orders relating to administration of children's funds 84\n\nDivision 5—Sureties, co-contractors and co-debtors 86\n\n52 Surety discharging liability to be entitled to securities 86\n\nDivision 6—Apportionment 87\n\n53 Definitions 87\n\n54 Rents etc. to accrue from day to day and be apportionable 88\n\n55 Time when apportioned part is to be payable 88\n\n56 Recovery of apportioned parts 88\n\nDivision 7—Interest 89\n\n57 Any interest may be contracted to be paid 89\n\n58 Interest to be allowed when debts or sums certain recovered 89\n\n59 Damages in nature of interest 90\n\n60 Interest in proceedings for debt or damages 90\n\nDivision 8—Contempt of court 92\n\n61 Restoration of common law relating to contempt of court 92\n\nPart 6—Miscellaneous powers 93\n\nDivision 1—Determinations without oral hearing 93\n\n62 Court may determine matter or proceeding without oral hearing 93\n\nDivision 2—Delivery of documents 94\n\n76 Power of Court to order legal practitioner or law practice to deliver bill of costs etc. 94\n\nDivision 3—Assistance of assessors and legal practitioners 94\n\n77 Assessors 94\n\n78 Opinion of a legal practitioner 94\n\nDivision 4—Proceeding for recovery of land 95\n\n79 Proceeding by landlord if rent is in arrears 95\n\n80 Lessee not to have relief without payment of rent and costs 96\n\n81 Proceeding by landlord against tenant holding over after end of tenancy 98\n\n82 Provisions concerning securities 99\n\n83 Saving of former remedies 100\n\n84 Proceeding for recovery of land by mortgagee 100\n\nDivision 5—Relief from forfeiture 101\n\n85 Relief against forfeiture for non-payment of rent 101\n\nDivision 6—Arrest in pending proceedings 102\n\n86 Arrest on mesne process abolished 102\n\n87 Court may order arrest 102\n\n88 Security to be given by defendant 103\n\n89 Control of the Court 103\n\n90 Making of order to arrest 103\n\n91 Defendant may apply for relief 104\n\n92 Endorsement on order 104\n\n93 Restrictions on execution of order 104\n\n94 Execution on a Sunday 105\n\n95 Privilege from arrest 105\n\n96 Misdescription of defendant 105\n\n97 Costs 105\n\n98 Discharge of defendant 106\n\n99 Date of arrest 106\n\n100 Fees 106\n\nDivision 7—Interest on judgment 107\n\n101 Interest on judgment 107\n\nDivision 8—Wards of Court 107\n\n102 Minors to become wards only by order 107\n\nDivision 9—Quashing by-laws 108\n\n103 Proceeding to test legality of by-laws 108\n\nPart 7—Associate Judges and officers of the Court 109\n\nDivision 1—Appointments of Associate Judges 109\n\n104 Appointment of Associate Judges 109\n\n104A Pension entitlements of Associate Judges, their partners and children 111\n\n104AB Effect of part-time service arrangement on pensions of Associate Judges 118\n\n104B Election of Associate Judges to commute future pensions for payment of superannuation contributions surcharge 120\n\n104C Actuary's first calculation after election of Associate Judges to commute pensions 120\n\n104D Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums 122\n\n104E Election of former Associate Judges to commute pensions for payment of superannuation contributions surcharge 124\n\n104F Actuary's calculation after former Associate Judges' election to commute pensions 125\n\n104G Payment and commutation of pensions of former Associate Judges 125\n\n104H Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 127\n\n","sortOrder":4},{"sectionNumber":"104I","sectionType":"section","heading":"Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children 128","content":"104I Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children 128\n\n","sortOrder":5},{"sectionNumber":"104J","sectionType":"section","heading":"Payment and commutation of pensions of former Associate Judges' partners and eligible children 129","content":"104J Payment and commutation of pensions of former Associate Judges' partners and eligible children 129\n\n104JA Entry into part-time service arrangement 130\n\n104JB Variation of part-time service arrangement 131\n\n104JC Termination of part-time service arrangement 131\n\n104JD Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment 131\n\n105 Acting Associate Judges 132\n\n105A Acting Senior Master 133\n\nDivision 1A—Reserve Associate Judges 133\n\n105B Appointment of reserve Associate Judges 133\n\n105C Cessation of office 134\n\n105D Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge 134\n\n105E Powers, jurisdiction, immunities and protection of reserve Associate Judge 135\n\n105F Pension rights and service not affected by being a reserve Associate Judge 135\n\n105G Engaging in legal practice or other paid employment 136\n\n105H Power to complete matters—Associate Judges and reserve Associate Judges 136\n\n105I Constitution of Court in certain circumstances 139\n\nDivision 1B—Appointments of other officers 139\n\n106 Power to employ chief executive officer, prothonotary etc. 139\n\n107 Certain office holders to be deputies 140\n\n108 Powers of deputies 140\n\n109 Appointment of bailiffs and assistant bailiffs 140\n\nDivision 2—Functions of Associate Judges 141\n\n109A Chief Justice responsible for business of Associate Judges 141\n\n110 Functions of the Senior Master 142\n\n111 Functions of Associate Judges 142\n\n113 Common Funds 143\n\n113A Common Fund No. 3 150\n\n113B Senior Master to have certain powers of administrator 152\n\nDivision 2A—Judicial registrars 153\n\n113C Assignment of duties 153\n\n113D Guidelines relating to the appointment of judicial registrars 153\n\n113E Recommendations for appointment of judicial registrars 154\n\n113F Appointment by Governor in Council 154\n\n113G Remuneration and terms and conditions of appointment 155\n\n113GA Validation of certain past superannuation payments—judicial registrars 157\n\n113GB Oath or affirmation of office 158\n\n113H Resignation from office 158\n\n113L Performance of duties by judicial registrar 159\n\nDivision 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals 161\n\n113N Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals 161\n\n113O Functions of Registrar of the Court of Appeal 161\n\n113P Functions of the Registrar of Criminal Appeals 162\n\nDivision 3—The sheriff 162\n\n114 Definition 162\n\n115 Functions of sheriff 163\n\n119 Duties on arrest of civil debtors 163\n\n120 Liability for wrongful imprisonment 165\n\n123 Punishment for misconduct 166\n\nDivision 4—General 167\n\n125 Extortion by and impersonation of court officials 167\n\n127 Senior Master and court officials subject to audit for receipt of public money 167\n\n128 Money held under Act may be invested 168\n\n128A Supreme Court—limitation of jurisdiction 169\n\n129 Regulations 169\n\nPart 8—Transitionals and savings 173\n\n139 Transitional and savings 173\n\n139A Transitional provision 174\n\n140 Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 174\n\n141 Transitional provision—Justice Legislation (Amendment) Act 2005 175\n\n142 References 175\n\n142A Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008 175\n\n143 Masters to become Associate Judges 176\n\n144 Pension entitlements 178\n\n145 Pending matters—Taxing Master 179\n\n146 Pending matters—other courts and VCAT 180\n\n147 Power to resolve transitional difficulties in proceedings 181\n\n148 Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 182\n\n149 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010 183\n\n150 Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010 184\n\n152 Savings—Open Courts Act 2013 185\n\n153 Transitional—Courts and Other Justice Legislation Amendment Act 2013 185\n\n154 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014 185\n\n155 Power to resolve transitional difficulties in proceeding 186\n\n156 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 187\n\n","sortOrder":6},{"sectionNumber":"156A","sectionType":"section","heading":"Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 187","content":"156A Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 187\n\nEndnotes 189\n\n1 General information 189\n\n2 Table of Amendments 191\n\n3 Explanatory details 203\n\n**Version No.** **112**\n\n**Supreme Court Act 1986**\n\n**No. 110 of 1986**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":8},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to amend and consolidate the law relating to the Supreme Court; and\n\n(b) to amend the law of Victoria insofar as it relates to the procedure of the Supreme Court.\n\n","sortOrder":9},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on 1 January 1987.\n\n","sortOrder":10},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *actuary* inserted by No. 19/2001 s. 19.\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. 80(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* inserted by No. 24/2008 s. 13(a), amended by No. 63/2013 s. 16(b).\n\n***Associate Judge*** means an Associate Judge appointed under section 104 and referred to in section 75(4) of the **Constitution Act 1975** and, subject to this Act, and unless the context otherwise requires, includes a reserve Associate Judge engaged under section 105D to perform the duties of an Associate Judge during any period of engagement or acting under section 105H;\n\nS. 3(1) def. of *Australian lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), repealed by No. 17/2014 s. 160(Sch. 2 item 93.1(a)).\n\nS. 3(1) def. of *Chief Justice* amended by No. 109/1994 s. 18(a).\n\n***Chief Justice*** includes ***Acting Chief Justice***, and in the absence of the Chief Justice and the Acting Chief Justice means the senior Judge of the Court for the time being present[[1]](#endnote-2);\n\n***costs*** includes fees, charges and disbursements;\n\nS. 3(1) def. of *Costs Court* inserted by No. 78/2008 s. 3.\n\n***Costs Court*** means the Costs Court established by section 17C;\n\nS. 3(1) def. of *Costs Judge* inserted by No. 78/2008 s. 3.\n\n***Costs Judge*** means an Associate Judge allocated to the Costs Court as a Costs Judge under section 17E;\n\nS. 3(1) def. of *costs registrar* inserted by No. 78/2008 s. 3.\n\n***costs registrar*** means a person employed pursuant to section 106(ac) who has functions and powers under Division 2B of Part 2;\n\n***Court*** means the Supreme Court;\n\nS. 3(1) def. of *Court of Appeal* inserted by No. 109/1994 s. 18(b).\n\n***Court of Appeal*** means the division of the Court called the Court of Appeal[[2]](#endnote-3);\n\nS. 3(1) def. of *court official* amended by Nos 35/1996 s. 453(Sch. 1 item 80.1(b)), 102/1997 s. 49(Sch.  \nitem 5), 18/2005 s. 18(Sch. 1 item 103.1(b)), 24/2008 s. 13(b), 9/2009 s. 57.\n\n***court official*** means—\n\n(a) an officer of the Court (except a person who is an officer of the Court only because he or she is an Australian lawyer); or\n\n(b) any person employed in any of the offices of the Court; or\n\n(c) any person employed in the chambers of a Judge or Associate Judge; or\n\n(d) the sheriff or any other person acting in execution of any warrant or other process of the Court;\n\n***defendant*** includes every person served with any process or served with notice of or entitled to attend any proceeding;\n\nS. 3(1) def. of *domestic partner* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1).\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\nS. 3(1) def. of *Full Court* repealed by No. 109/1994 s. 18(c).[[3]](#endnote-4)\n\nS. 3(1) def. of *Judge of Appeal* inserted by No. 109/1994 s. 18(d), amended by No. 5/2013 s. 15(2)(a).\n\n***Judge of Appeal*** means the Chief Justice, the President, another Judge of Appeal or an additional Judge of Appeal appointed or acting under section 80B of the **Constitution Act 1975**[[4]](#endnote-5)  and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the **Constitution Act 1975** to undertake the duties of a Judge of Appeal during any period of engagement;\n\nS. 3(1) def. of *Judge of the Court* inserted by No. 24/2008 s. 13(a), amended by Nos 5/2013 s. 15(2)(b), 63/2013 s. 16(c).\n\n***Judge of the Court*** means a Judge of the Court referred to in section 75(3) of the **Constitution Act 1975** and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the **Constitution Act 1975** to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA of that Act;\n\n***judgment*** includes order;\n\nS. 3(1) def. of *judicial registrar* inserted by No. 34/2010 s. 9(1).\n\n***judicial registrar*** means a person appointed as a judicial registrar of the Court under Division 2A of Part 7;\n\nS. 3(1) def. of *judicial resolution conference* inserted by No. 50/2009 s. 3, amended by No. 34/2010 s. 9(2), substituted by No. 47/2010 s. 80(a).\n\n***judicial resolution conference*** has the same meaning as it has in the **Civil Procedure Act 2010**;\n\n***landlord*** includes a lessor;\n\nS. 3(1) def. of *Law Institute* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)).\n\nS. 3(1) def. of *law practice* inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 93.1(b)).\n\n***law practice*** has the same meaning as in the Legal Profession Uniform Law (Victoria);\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 93.1(c)).\n\n***legal practitioner*** means an Australian legal practitioner;\n\nS. 3(1) def. of *Master* substituted by No. 109/1994 s. 18(e), repealed by No. 24/2008 s. 13(c).\n\nS. 3(1) def. of *non-contentious business* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)).\n\nS. 3(1) def. of *part-time service arrangement* inserted by No. 63/2013 s. 62.\n\n***part-time service arrangement*** means—\n\n(a) in relation to a Judge of the Court, an arrangement entered under section 75C of the **Constitution Act 1975**;\n\n(b) in relation to an Associate Judge, an arrangement entered under section 104JA;\n\nS. 3(1) def. of *partner* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1), substituted by No. 40/2010 s. 105.\n\n***partner*** of a person means the person's spouse or domestic partner;\n\n***party*** includes every person served with notice of or attending any proceeding, whether named on the record or not;\n\n***plaintiff*** includes every person claiming any relief (otherwise than by way of counterclaim as a defendant) against any other person in a proceeding;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 162.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *President* inserted by No. 109/1994 s. 18(f).\n\n***President*** means the President of the Court of Appeal[[5]](#endnote-6);\n\n***proceeding*** means any matter in the Court other than a criminal proceeding;\n\nS. 3(1) def. of *reserve Associate Judge* inserted by No. 63/2013 s. 16(a).\n\n***reserve Associate Judge*** means a person appointed under section 105B;\n\nS. 3(1) def. of *reserve Judge* inserted by No. 5/2013 s. 15(1).\n\n***reserve Judge*** means a person appointed under section 81 of the **Constitution Act 1975**;\n\nS. 3(1) defs of *solicitor*, *solicitor-client agreement* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)).\n\nS. 3(1) def. of *spouse* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1).\n\n***spouse*** of a person means a person to whom the person is, or was at the time of the person's death, married;\n\n***subordinate instrument*** has the same meaning as in the **Interpretation of Legislation Act 1984**;\n\nS. 3(1) def. of *super-annuation contributions surcharge* inserted by No. 19/2001 s. 19.\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. 19.\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\n***tenant*** includes a lessee and any other person deriving title under a lease;\n\n***the 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 *total pension entitlement* inserted by No. 19/2001 s. 19.\n\n***total pension entitlement*** means, on a particular day, the current value of all future pension payments on that day;\n\nS. 3(1) def. of *Trial Division* inserted by No. 109/1994 s. 18(g).\n\n***Trial Division*** means the division of the Court called the Trial Division[[6]](#endnote-7);\n\n***vessel*** includes any ship, boat or other vessel used for any purpose on the sea or in navigation.\n\n(2) In this or any other Act or enactment or 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) amended by No. 51/2000 s. 11(a).\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 Chapter I of the Rules of the Supreme Court 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) amended by No. 51/2000 s. 11(a).\n\n(4) A proceeding to which the Chapter I of the Rules of the Supreme Court 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) amended by No. 51/2000 s. 11(a).\n\n(5) A judgment in any proceeding must be enforced in accordance with the Chapter I of the Rules of the Supreme Court and not otherwise.\n\n(6) In this or any other Act or enactment or any subordinate instrument or other instrument a reference to a writ of prohibition, mandamus, certiorari or ne exeat colonia by which the Court had before the commencement of this Act jurisdiction to grant any relief or remedy is, subject to subsection (7), to be taken as a reference to the judgment or order by which the Court may after that commencement grant that relief or remedy under this Act and the Rules.\n\n(7) Subsection (6) does not apply to a reference to a writ of habeas corpus.\n\nS. 3(8) inserted by No. 4/2009 s. 37(Sch. 1 item 25.2).\n\n(8) For the purposes of the definition of ***domestic partner*** in subsection (1)—\n\n(a) ***registered domestic 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 domestic 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.\n\n","sortOrder":11},{"sectionNumber":"4","sectionType":"section","heading":"Abolition of distinction between court and chambers","content":"\t4 Abolition of distinction between court and chambers\n\n(1) The distinction between court and chambers is abolished.\n\n(2) Nothing in subsection (1) alters the practice and procedure of the Court with respect to business that can be conducted otherwise than in open court.\n\n(3) The business of the Court, whether conducted in court or otherwise, is to be taken to be conducted in court.\n\n(4) If by or under this or any other Act in force immediately before the commencement of this Act any jurisdiction, power or authority is vested in a Judge of the Supreme Court—\n\n(a) that jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that Judge might have done; and\n\n(b) the Court constituted in accordance with this Act and the Rules has jurisdiction, power or authority co-ordinate with the jurisdiction, power or authority of the Judge.\n\n(5) If by or under this or any other Act in force immediately before the commencement of this Act any jurisdiction, power or authority is vested in the Court or in any Judge by the use of the words \"the Court\", \"the Court or a Judge\", \"the Supreme Court or any Judge thereof\" or \"a Judge of the Supreme Court\" or by any words referring to the Court or to any Judge, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules.\n\n(6) Subsection (5) has effect even if the Act vesting jurisdiction, power or authority in the Court or in any Judge designates the Court or Judge as the court, judge, arbitrator or person appointed to hear and determine any matter and even if the determination is expressed to be final or without appeal, but if the determination is expressed to be final or without appeal an appeal does not lie from a determination of the Court.\n\n","sortOrder":12},{"sectionNumber":"5","sectionType":"section","heading":"Criminal procedure","content":"\t5 Criminal procedure\n\nSubject to any express enactment to the contrary and to the Rules, the practice and procedure in all criminal proceedings in the Court is that existing immediately before the commencement of this Act.\n\n","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Sittings, powers and procedures","content":"Part 2—Sittings, powers and procedures\n\n","sortOrder":14},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sittings","content":"Division 1—Sittings\n\nNo. 6387 s. 50.\n\n","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":"Where Court to be held","content":"\t6 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\nNo. 6387 s. 45.\n\n","sortOrder":16},{"sectionNumber":"7","sectionType":"section","heading":"Time and place of sitting","content":"\t7 Time and place of sitting\n\nSubject to the Rules, the Court may sit and act at any time and place.\n\nSs 8, 9 repealed by No. 109/1994 s. 19.[[7]](#endnote-8)\n\nS. 9A  \ninserted by No. 35/1996 s. 453(Sch. 1 item 80.2), amended by No. 24/2008 s. 14.\n\n","sortOrder":17},{"sectionNumber":"9A","sectionType":"section","heading":"Robing of Judges","content":"\t9A Robing of Judges\n\nAll matters pertaining to the robing of Judges of the Court are to be determined by the Chief Justice after consultation with the Council of the Judges.\n\nS. 9B inserted by No. 24/2008 s. 15.\n\n","sortOrder":18},{"sectionNumber":"9B","sectionType":"section","heading":"Titles of Associate Judges","content":"\t9B Titles of Associate Judges\n\nSubject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any Associate Judge.\n\nS. 9C inserted by No. 34/2010 s. 10.\n\n","sortOrder":19},{"sectionNumber":"9C","sectionType":"section","heading":"Titles of judicial registrars","content":"\t9C Titles of judicial registrars\n\nSubject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any judicial registrar.\n\nPt 2 Div. 2 (Heading and ss 10–17) substituted as Pt 2 Div. 2 (Heading and ss 10–16) by No. 109/1994 s. 20.\n\n","sortOrder":20},{"sectionNumber":"Div 2","sectionType":"division","heading":"Court of Appeal[[8]](#endnote-9)","content":"Division 2—Court of Appeal[[8]](#endnote-9)\n\nNo. 6387 s. 42.\n\nS. 10 substituted by No. 109/1994 s. 20.\n\n","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Jurisdiction and powers","content":"\t10 Jurisdiction and powers\n\n(1) Subject to this Act, the Court of Appeal has jurisdiction to hear and determine—\n\nS. 10(1)(a) amended by No. 24/2008 s. 16(1).\n\n(a) all appeals from the Trial Division constituted by a Judge of the Court;\n\nS. 10(1)(ab) inserted by No. 24/2008 s. 16(2).\n\n(ab) all appeals from the Trial Division constituted by an Associate Judge which the Rules specify are to be heard and determined by the Court of Appeal;\n\nS. 10(1)(ac) inserted by No. 78/2008 s. 4.\n\n(ac) without limiting paragraph (ab), all appeals from the Costs Court constituted by a Costs Judge which the Rules specify are to be heard and determined by the Court of Appeal;\n\n(b) all applications for new trials;\n\nS. 10(1)(c) amended by No. 24/2008 s. 16(3).\n\n(c) all appeals from the County Court constituted by a Judge of that Court;\n\n(d) all appeals, applications, questions and other matters, whether civil or criminal, which, by or under an Act—\n\n(i) immediately before the commencement of section 20 of the **Constitution (Court of Appeal) Act 1994**, were required or authorised to be heard or disposed of by the Full Court of the Supreme Court (including any such matter pending, but the hearing of which by the Full Court had not commenced, before that commencement); or\n\n(ii) are referred to or reserved for the consideration of, or directed to be brought for argument before, the Court of Appeal.\n\n(2) The Court of Appeal has such additional jurisdiction as is conferred on it by or under this Act, another Act or a Commonwealth Act.\n\n(3) The Court of Appeal may, in proceedings before it, exercise every jurisdiction or power of the Court.\n\nNo. 6387 s. 34.\n\nS. 11 substituted by No. 109/1994 s. 20.\n\n","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Way in which Court of Appeal may be constituted","content":"\t11 Way in which Court of Appeal may be constituted\n\nS. 11(1) substituted by No. 64/1996 s. 41(1).\n\n(1) Subject to this Act and the Rules, any 3 or more Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.\n\nS. 11(1A) inserted by No. 64/1996 s. 41(1).\n\n(1A) If the President of the Court of Appeal so determines in a particular case, 2 Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.\n\nS. 11(1B) inserted by No. 64/1996 s. 41(1).\n\n(1B) The Rules may provide that in particular classes of applications or appeals to or proceedings in the Court of Appeal, 2 Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.\n\nS. 11(1C) inserted by No. 62/2014 s. 3(1).\n\n(1C) Subject to subsection (9), the Rules may provide that a single Judge of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal—\n\n(a) in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or\n\n(b) generally.\n\n(2) More than one sittings of the Court of Appeal may be held at the same time.\n\n(3) When more than one sittings of the Court of Appeal are held at the same time, the jurisdiction and powers of the Court of Appeal may be exercised at each sittings.\n\nS. 11(4) amended by Nos 24/2007 s. 10(2), 24/2008 s. 17, 62/2014 s. 3(2).\n\n(4) The Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings, be exercised by an Associate Judge.\n\nS. 11(4A) inserted by No. 34/2010 s. 11(1).\n\n(4A) Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if—\n\n(a) the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and\n\n(b) the Rules provide for the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.\n\nS. 11(4B) inserted by No. 62/2014 s. 3(3).\n\n(4B) The Rules may provide that in particular kinds of applications, appeals or proceedings, the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal.\n\nS. 11(5) amended by No. 64/1996 s. 41(2), substituted by No. 24/2007 s. 10(3), amended by Nos 24/2008 s. 17, 34/2010 s. 11(2), 62/2014 s. 3(4).\n\n(5) The Court of Appeal may discharge or vary a judgment, order or direction given or made by an Associate Judge or a judicial registrar.\n\nS. 11(6) amended by Nos 64/1996 s. 41(3), 62/2014 s. 3(5).\n\n(6) Unless the Court of Appeal discharges or varies a judgment, order or direction in accordance with any Rules made under subsection (4B), a judgment, order or direction given or made by a single Judge of Appeal has effect as a judgment, order or direction of the Court of Appeal.\n\nS. 11(7) inserted by No. 24/2007 s. 10(4), amended by No. 24/2008 s. 17.\n\n(7) Subject to subsection (5), a judgment, order or direction given or made by an Associate Judge when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.\n\nS. 11(8) inserted by No. 34/2010 s. 11(3).\n\n(8) Subject to subsection (5), a judgment, order or direction given or made by a judicial registrar when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.\n\nS. 11(9) inserted by No. 62/2014 s. 3(6).\n\n(9) Subsection (1C) does not apply in relation to—\n\n(a) an appeal from a refusal to grant habeas corpus; or\n\nS. 11(9)(b) amended by No. 27/2018 s. 367(1).\n\n(b) an appeal under the **Serious Offenders Act 2018**.\n\nss 36(3), 38.\n\nS. 12 substituted by No. 109/1994 s. 20.\n\n","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Opinions equally divided","content":"\t12 Opinions equally divided\n\n(1) If an appeal or other matter has been heard by the Court of Appeal constituted by 2 Judges of Appeal and the Judges differ in opinion, the appeal or other matter must be re-heard before the Court of Appeal constituted by more than 2 Judges.\n\n(2) If an appeal or other matter has been heard by the Court of Appeal constituted by more than 2 Judges of Appeal and the Judges are equally divided in opinion, the judgment of the Court must be given in accordance with the opinion of the senior Judge of Appeal then present.\n\nNo. 6387 s. 35.\n\nS. 13 substituted by No. 109/1994 s. 20.\n\n","sortOrder":24},{"sectionNumber":"13","sectionType":"section","heading":"Judges not to sit on appeal from their own judgments","content":"\t13 Judges not to sit on appeal from their own judgments\n\nExcept where otherwise expressly enacted, a Judge of Appeal must not sit on the hearing of an appeal from a judgment of the Trial Division constituted by that Judge or on the hearing of an application for a new trial of a proceeding tried before that Judge.\n\nS. 13A inserted by No. 12/2001 s. 5.\n\n","sortOrder":25},{"sectionNumber":"13A","sectionType":"section","heading":"When additional Trial Division Judge must not sit on hearing of new trial","content":"\t13A When additional Trial Division Judge must not sit on hearing of new trial\n\nA Judge of Appeal acting as an additional Judge of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial.\n\nss 39, 40.\n\nS. 14 substituted by No. 109/1994 s. 20.\n\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Power of Court of Appeal on civil appeals","content":"\t14 Power of Court of Appeal on civil appeals\n\n(1) The Court of Appeal, in hearing and determining an appeal in a proceeding in which there has been a trial by jury, may, despite any enactment or rule of law or practice to the contrary, give any judgment on the appeal that it might have given if the proceeding had been tried without a jury and the findings or verdict of the jury had been the findings of the Judge.\n\n(2) An order for a new trial of a proceeding, whether the proceeding has been tried with a jury or without a jury, may be limited to the question of damages only or to the question of liability only even if at the trial there was an apportionment under the **Wrongs Act 1958** or any other enactment.\n\nS. 14A inserted by No. 62/2014 s. 4.\n\n","sortOrder":27},{"sectionNumber":"14A","sectionType":"section","heading":"Leave to appeal required for civil appeals","content":"\t14A Leave to appeal required for civil appeals\n\n(1) Subject to subsection (2), any civil appeal to the Court of Appeal requires leave to appeal to be obtained from the Court of Appeal.\n\n(2) Leave to appeal is not required—\n\n(a) for an appeal from a refusal to grant habeas corpus; or\n\nS. 14A(2)(b) amended by No. 27/2018 s. 367(2).\n\n(b) for an appeal under the **Serious Offenders Act 2018**; or\n\nS. 14A(2)(ba) inserted by No. 1/2022 s. 25.\n\n(ba) for an appeal from a judgment or an order of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or\n\n(c) if the Rules provide that leave to appeal is not required, whether in any particular class of application or proceeding or generally.\n\n(3) For the purposes of this section, ***civil appeal*** means an appeal from a judgment or order made in exercise of civil jurisdiction, including an appeal by way of rehearing or judicial review, for which this Act, any other Act or the Rules provide an appeal to the Court of Appeal.\n\nS. 14B inserted by No. 62/2014 s. 4.\n\n","sortOrder":28},{"sectionNumber":"14B","sectionType":"section","heading":"Commencing a civil appeal","content":"\t14B Commencing a civil appeal\n\n(1) An applicant for leave to appeal under section 14A must file an application for leave to appeal within 28 days from the date of the judgment, order, determination or other decision which is the subject of appeal unless the Rules otherwise provide.\n\n(2) Unless this Act, any other Act or the Rules otherwise provide, an application for leave to appeal is commenced by filing the application for leave to appeal.\n\nS. 14C inserted by No. 62/2014 s. 4.\n\n","sortOrder":29},{"sectionNumber":"14C","sectionType":"section","heading":"Appeal must have real prospect of success","content":"\t14C Appeal must have real prospect of success\n\nThe Court of Appeal may grant an application for leave to appeal under section 14A only if it is satisfied that the appeal has a real prospect of success.\n\nS. 14D inserted by No. 62/2014 s. 4.\n\n","sortOrder":30},{"sectionNumber":"14D","sectionType":"section","heading":"Determination of application for leave to appeal","content":"\t14D Determination of application for leave to appeal\n\n(1) The Court of Appeal constituted by one or more Judges of Appeal may determine an application for leave to appeal under section 14A with or without an oral hearing of the parties.\n\n(2) Subject to subsection (3), if the Court of Appeal dismisses an application for leave to appeal without an oral hearing, the applicant, in accordance with the Rules, may apply to have the dismissal set aside or varied at an oral hearing before the Court of Appeal constituted by two or more Judges of Appeal.\n\n(3) If the Court of Appeal dismisses an application for leave to appeal without an oral hearing and has determined that the application is totally without merit, the applicant has no right to apply to have the dismissal set aside or varied.\n\n(4) This section does not apply to—\n\n(a) an appeal from a refusal to grant habeas corpus; or\n\nS. 14D(4)(b) amended by No. 27/2018 s. 367(3).\n\n(b) an appeal under the **Serious Offenders Act 2018**.\n\nss 37, 44.\n\nS. 15 substituted by No. 109/1994 s. 20.\n\n","sortOrder":31},{"sectionNumber":"15","sectionType":"section","heading":"Constitution of Court if one Judge of Appeal unable to continue","content":"\t15 Constitution of Court if one Judge of Appeal unable to continue\n\n(a) after the Court of Appeal (including the Court constituted under this section) has started the hearing, or further hearing, of a proceeding; and\n\n(b) before the proceeding has been determined—\n\none of the Judges of Appeal constituting the Court of Appeal dies, resigns as a Judge or otherwise becomes unable to continue as a member of the Court for the purposes of the proceeding, the hearing and determination of the proceeding may be finished by the remaining Judges constituting the Court if at least 2 Judges remain and the parties consent.\n\n(2) The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted.\n\n(3) Any question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the Court were not constituted under this section.\n\nNo. 6387 s. 46.\n\nS. 16 substituted by No. 109/1994 s. 20, amended by No. 16/2016 s. 207.\n\n","sortOrder":32},{"sectionNumber":"16","sectionType":"section","heading":"Arrangement of business of Court of Appeal","content":"\t16 Arrangement of business of Court of Appeal\n\nSubject to section 28AAA, the President is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.\n\nPt 2 Div. 2A (Heading and ss 17–17B) inserted by No. 109/1994 s. 20.\n\n","sortOrder":33},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Trial Division[[9]](#endnote-10)","content":"Division 2A—Trial Division[[9]](#endnote-10)\n\ns. 19A.\n\nS. 17 (Heading) inserted by No. 24/2008 s. 18(1).\n\nS. 17 substituted by No. 109/1994 s. 20.\n\n","sortOrder":34},{"sectionNumber":"17","sectionType":"section","heading":"Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge","content":"\t17 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge\n\nS. 17(1) amended by No. 24/2008 s. 18(2).\n\n(1) The Trial Division constituted by a Judge of the Court may hear and determine all matters, whether civil or criminal, not required by or under this or any other Act or the Rules to be heard and determined by the Court of Appeal.\n\nS. 17(1A) inserted by No. 24/2008 s. 18(3).\n\n(1A) The Trial Division constituted by an Associate Judge may hear and determine all matters, whether civil or criminal, not required by or under this Act or any other Act or the Rules to be heard and determined—\n\n(a) by the Court of Appeal; or\n\n(b) by the Trial Division constituted by a Judge of the Court.\n\nS. 17(2) amended by No. 24/2008 s. 18(4).\n\n(2) Unless otherwise expressly provided by this or any other Act, an appeal lies to the Court of Appeal from any determination of the Trial Division constituted by a Judge of the Court.\n\nNote to s. 17(2) inserted by No. 62/2014 s. 5.\n\nSee, for example, section 14A which requires leave of the Court of Appeal for civil appeals as defined in that section.\n\nS. 17(3) inserted by No. 24/2008 s. 18(5).\n\n(3) Unless otherwise expressly provided by this Act or any other Act or the Rules, an appeal lies to the Trial Division constituted by a Judge of the Court from any determination of the Trial Division constituted by an Associate Judge.\n\nS. 17(4) inserted by No. 5/2013 s. 16, repealed by No. 63/2013 s. 17.\n\nS. 17AA inserted by No. 34/2010 s. 12, amended by No. 68/2012 s. 6.\n\n\t17AA Business may be disposed of by judicial registrars if Rules so permit\n\nWithout limiting section 17, the Trial Division of the Court constituted by a judicial registrar may hear and determine any matter, whether civil or criminal, if—\n\nS. 17AA(a) substituted by No. 68/2012 s. 6.\n\n(a) the matter falls within a particular class of matters and provision is made by the Rules for the Court constituted by a judicial registrar to hear and determine a matter of that class; or\n\nS. 17AA(b) substituted by No. 68/2012 s. 6.\n\n(b) provision is made by the Rules for a Judge or an Associate Judge to refer any matter (whether or not it falls within a particular class of matter) to a judicial registrar for hearing and determination and a Judge or an Associate Judge so refers the matter—\n\nand the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter.\n\nS. 17A inserted by No. 109/1994 s. 20.\n\n","sortOrder":35},{"sectionNumber":"17A","sectionType":"section","heading":"Restriction on appeals","content":"\t17A Restriction on appeals\n\nS. 17A(1) amended by No. 24/2008 s. 19(1)(a), repealed by No. 62/2014 s. 6(1)(a).\n\nS. 17A(2) amended by Nos 24/2008 s. 19(1)(b), 34/2010 s. 13(1).\n\n(2) Subject to subsection (2A), an order made by the Trial Division constituted otherwise than by a Judge of the Court—\n\n(a) by consent of the parties; or\n\n(b) as to costs which are in the discretion of the Trial Division—\n\nis not subject to appeal to the Trial Division constituted by a Judge of the Court except by leave of the Trial Division constituted by a Judge of the Court or by leave of the person constituting the Trial Division which made the order.\n\nS. 17A(2A) inserted by No. 34/2010 s. 13(2).\n\n(2A) Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar.\n\nSee section 113M.\n\nS. 17A(3) amended by Nos 24/2008 s. 19(1)(c), 68/2009 s. 97(Sch. item 116.1).\n\n(3) Except as provided in Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009**, an appeal does not lie from a determination of the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge made on or in relation to the trial or proposed trial of a person on indictment.\n\nS. 17A(3A) inserted by No. 51/2000 s. 10, amended by Nos 24/2008 s. 19(1)(d), 62/2014 s. 6(1)(b).\n\n(3A) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an appeal to the Court—\n\n(a) under section 148(1)(b) of the **Victorian Civil and Administrative Tribunal Act 1998**; or\n\nS. 17A(3A)(ab) inserted by No. 68/2009 s. 97(Sch. item 116.2(a)).\n\n(ab) under section 272 of the **Criminal Procedure Act 2009**; or\n\nS. 17A(3A)(b) amended by No. 68/2009 s. 97(Sch. item 116.2(b)).\n\n(b) under section 109 of the **Magistrates' Court Act 1989**—\n\nis not subject to appeal to the Court of Appeal except by leave of the Court of Appeal.\n\nS. 17A(3B) inserted by No. 51/2000 s. 10.\n\n(3B) Subsection (3A) applies only to an order made on an appeal instituted after the commencement of section 10 of the **Courts and Tribunals Legislation (Further Amendment) Act 2000**.\n\nS. 17A(3C) inserted by No. 68/2013 s. 9(1), amended by No. 62/2014 s. 6(1)(c)(i).\n\n(3C) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an application under section 459G of the Corporations Act to set aside a statutory demand is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal.\n\nS. 17A  \n(3C)(a)(b) repealed by No. 62/2014 s. 6(1)(c)(ii).\n\nS. 17A(4) amended by Nos 68/2009 s. 97(Sch. item 116.3), 80/2012 s. 139(1).\n\n(4) Subject to subsection (4A) or (4B), an appeal does not lie to the Court of Appeal—\n\n(a) from an order allowing an extension of time for appealing from a judgment; or\n\nS. 17A(4)(b) amended by Nos 44/2001 s. 3(Sch. item 107), 24/2008 s. 19(1)(e), substituted by No. 62/2014 s. 6(1)(d).\n\n(b) without leave of the Court of Appeal, from a judgment or an order in an interlocutory application, being a judgment or order given by the Trial Division constituted by a Judge of the Court or by an Associate Judge in a criminal proceeding or quasi-criminal proceeding except in the following cases—\n\n(i) when the liberty of the subject or the custody of minors is concerned;\n\n(ii) a decision dismissing a proceeding for want of prosecution;\n\n(iii) any cases prescribed by the Rules.\n\nS. 17A(4A) inserted by No. 68/2009 s. 97(Sch. item 116.4).\n\n(4A) Subsection (4)(b) does not apply to an interlocutory appeal under Division 4 of Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009**.\n\nS. 17A(4B) inserted by No. 80/2012 s. 139(2), amended by No. 37/2024 s. 115.\n\n(4B) Subsection (4)(b) does not apply to an application under Part 2, 4 or 5 of the **Criminal Organisations Control Act 2012**.\n\nS. 17A(4C) inserted by No. 68/2013 s. 9(2).\n\n(4C) Subsection (4)(b) does not apply to an application referred to in subsection (3C).\n\nS. 17A(5) repealed by No. 62/2014 s. 6(1)(a).\n\n(6) An appeal does not lie to the Court of Appeal from an order giving unconditional leave to defend a proceeding.\n\nS. 17A(7) amended by Nos 24/2008 s. 19(1)(f), 68/2009 s. 97(Sch. item 116.5), repealed by No. 62/2014 s. 6(2).\n\nS. 17B inserted by No. 109/1994 s. 20.\n\n","sortOrder":36},{"sectionNumber":"17B","sectionType":"section","heading":"Reference of matters to Court of Appeal","content":"\t17B Reference of matters to Court of Appeal\n\n(1) Any case or question in a case which for any reason is deemed fit to be re-argued before decision or to be re-heard before final judgment, may be argued before the Court of Appeal, if the Trial Division so directs.\n\nS. 17B(2) amended by No. 24/2008 s. 19(2).\n\n(2) The Trial Division constituted by a Judge of the Court or constituted by an Associate Judge may, at the request of one of the parties but (unless the contrary is expressly enacted) not otherwise, reserve any proceeding or question in a proceeding for the consideration of the Court of Appeal, or direct any proceeding or question in a proceeding to be argued before the Court of Appeal.\n\n(3) If a case, question or proceeding is reserved for the consideration of the Court of Appeal, or is directed by the Trial Division to be argued before it the Court of Appeal and—\n\n(a) the Court of Appeal gives leave, the case, proceeding or question may be considered by, or argued before, the Court of Appeal; or\n\n(b) the Court of Appeal refuses leave, the case, proceeding or question must be remitted to the Trial Division for determination by it.\n\nPt 2 Div. 2B (Heading and ss 17C–17K) inserted by No. 78/2008 s. 5.\n\n","sortOrder":37},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Costs Court","content":"Division 2B—Costs Court\n\nS. 17C inserted by No. 78/2008 s. 5.\n\n","sortOrder":38},{"sectionNumber":"17C","sectionType":"section","heading":"Costs Court established","content":"\t17C Costs Court established\n\n(1) The Costs Court is established within the Trial Division of the Supreme Court.\n\n(2) The Costs Court consists of such Associate Judges as are from time to time allocated to the Costs Court by the Chief Justice.\n\nS. 17D inserted by No. 78/2008 s. 5.\n\n","sortOrder":39},{"sectionNumber":"17D","sectionType":"section","heading":"Powers and functions of Costs Court","content":"\t17D Powers and functions of Costs Court\n\n(1) The Costs Court—\n\n(a) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in all proceedings in the Court;\n\n(b) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—\n\n(i) the County Court;\n\n(ii) the Magistrates' Court;\n\n(iii) VCAT—\n\nif, by or under any Act, the Rules or the Rules of those courts or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;\n\n(c) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—\n\n(i) the County Court;\n\n(ii) the Magistrates' Court;\n\n(iii) VCAT—\n\nif, by any order of a court or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;\n\n(d) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in the County Court, the Magistrates' Court or VCAT, as the case requires, in which—\n\n(i) there is an entitlement to costs by or under any Act, the Rules of the County Court, the Magistrates' Court or VCAT or arising from an order of the County Court, the Magistrates' Court or VCAT; and\n\n(ii) the amount of those costs has not been fixed by the court or by VCAT;\n\nS. 17D(1)(e) amended by No. 50/2011 s. 46(Sch. item 14.1).\n\n(e) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in an arbitration, subject to the **Commercial Arbitration Act 2011**;\n\nS. 17D(1)(ea) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(a)).\n\n(ea) must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);\n\n(f) must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the **Legal Profession Act 2004**;\n\nNote to S. 17D(1)(f) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(b)).\n\nSee clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria).\n\n(g) must hear and determine any reviews under Division 5 of Part 4 of the **Legal Practice Act 1996**;\n\nSee clause 3.1 of Part 3 of Schedule 2 to the **Legal Profession Act 2004**.\n\n(h) has any other jurisdiction in relation to costs given to it—\n\n(i) by or under this Act or any other Act; or\n\n(ii) by the Rules; or\n\n(iii) by the Rules of another court or of a tribunal.\n\n(2) The Costs Court has such powers of the Court as are necessary to enable it to exercise its jurisdiction.\n\n(3) The Costs Court must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act, the Rules and the proper consideration of the matters before the Court permit.\n\n(4) Subject to this Act and the Rules, the Costs Court may regulate its own procedure.\n\nS. 17E inserted by No. 78/2008 s. 5.\n\n","sortOrder":40},{"sectionNumber":"17E","sectionType":"section","heading":"Chief Justice to allocate Associate Judges as Costs Judges","content":"\t17E Chief Justice to allocate Associate Judges as Costs Judges\n\n(1) The Chief Justice must allocate an Associate Judge to be a Costs Judge of the Costs Court.\n\n(2) The Chief Justice may allocate more than one Associate Judge as a Costs Judge to the Costs Court if the operational requirements of the Costs Court so require.\n\nS. 17EA inserted by No. 34/2010 s. 14.\n\n\t17EA Chief Justice may assign judicial registrars to Costs Court\n\nThe Chief Justice may assign one or more judicial registrars to the Costs Court if the operational requirements of the Costs Court so require.\n\nS. 17F (Heading) amended by No. 34/2010 s. 15(1).\n\nS. 17F inserted by No. 78/2008 s. 5.\n\n\t17F Costs Judge may direct judicial registrars and costs registrars\n\nSubject to this Act or any other Act, the Rules and any order of the Court, a Costs Judge—\n\nS. 17F(a) amended by No. 34/2010 s. 15(2)(a).\n\n(a) may direct that costs, or costs of a specific class or kind, be assessed, settled, taxed or reviewed by a judicial registrar or a costs registrar;\n\nS. 17F(b) amended by No. 34/2010 s. 15(2)(b).\n\n(b) may give general directions as to case management by judicial registrars or costs registrars.\n\nS. 17G inserted by No. 78/2008 s. 5.\n\n\t17G Powers and functions of costs registrar\n\n(1) Subject to the general direction and control of a Costs Judge, a costs registrar may—\n\n(a) assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and\n\n(b) exercise the powers of the Costs Court conferred on a costs registrar by or under this Act or any other Act or by the Rules.\n\n(2) In the performance of his or her duties as a costs registrar and the exercise of the powers of the Costs Court under subsection (1), a costs registrar is not subject to direction or control under the **Public Administration Act 2004** or of any person or body.\n\n(3) Subject to sections 17H and 17J, a determination made by a costs registrar—\n\n(a) has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and\n\nS. 17G(4) repealed by No. 64/2010 s. 65.\n\nS. 17GA inserted by No. 34/2010 s. 16.\n\n\t17GA Powers and functions of judicial registrar in Costs Court\n\n(1) Subject to the Rules and the general direction and control of a Costs Judge, a judicial registrar may—\n\n(a) assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and\n\n(b) exercise the powers of the Costs Court conferred on a judicial registrar by or under this Act or any other Act or by the Rules.\n\n(2) Subject to sections 17H and 17J, a determination made by a judicial registrar in the Costs Court—\n\n(a) has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and\n\nS. 17H inserted by No. 78/2008 s. 5, substituted by No. 34/2010 s. 17.\n\n\t17H Review of costs registrar's determination by judicial registrar\n\n(1) Subject to the Rules, a party who objects to a determination made by a costs registrar in accordance with this Division may apply to the Costs Court constituted by a judicial registrar for a review of that determination.\n\n(2) An application for review under subsection (1) is to be made—\n\n(3) The Costs Court constituted by a judicial registrar or by a Costs Judge, on its own motion, may review a determination of a costs registrar made in accordance with this Division.\n\n(4) A review under subsection (3) is to be made—\n\n(5) A review under this section is to be heard and determined in accordance with the Rules.\n\n(6) Unless the Costs Court otherwise orders, a review of a costs registrar's determination under this section does not operate as—\n\n(a) a stay of execution; or\n\n(b) a stay of the proceedings under the determination of the costs registrar to which the review relates.\n\nS. 17HA inserted by No. 34/2010 s. 17.\n\n\t17HA Review of judicial registrar's determination by Costs Judge\n\n(1) Subject to the Rules, a party who objects to a determination made by a judicial registrar in accordance with this Division (including a review under section 17H) may apply to the Costs Court constituted by a Costs Judge for a review of that determination.\n\n(2) An application for review under subsection (1) is to be made—\n\n(3) The Costs Court constituted by a Costs Judge, on its own motion, may review a determination of a judicial registrar made in accordance with this Division.\n\n(4) A review under subsection (3) is to be made—\n\n(5) A review under this section is to be heard and determined in accordance with the Rules.\n\n(6) Unless the Costs Court otherwise orders, a review of a judicial registrar's determination under this section does not operate as—\n\n(a) a stay of execution; or\n\n(b) a stay of the proceedings under the determination of the judicial registrar to which the review relates.\n\nS. 17I inserted by No. 78/2008 s. 5.\n\n","sortOrder":41},{"sectionNumber":"17I","sectionType":"section","heading":"Appeals","content":"\t17I Appeals\n\nUnless otherwise expressly provided for by this Act or any other Act or the Rules, an appeal lies to the Trial Division constituted by a Judge of the Court from a determination of the Costs Court constituted by a Costs Judge.\n\nS. 17J inserted by No. 78/2008 s. 5.\n\n","sortOrder":42},{"sectionNumber":"17J","sectionType":"section","heading":"Costs in proceedings in another court or VCAT","content":"\t17J Costs in proceedings in another court or VCAT\n\n(1) An order of the Costs Court as to costs made in the exercise of its jurisdiction under section 17D(1)(b), (c) or (d)—\n\nS. 17J(1)(a) amended by No. 34/2010 s. 51.\n\n(a) is taken to be an order of that other court or VCAT; and\n\n(2) In the exercise of its jurisdiction under section 17D(1)(b), (c) or (d), the Costs Court may assess, settle, tax or review costs in accordance with—\n\n(a) the Rules; or\n\n(b) the Rules, including any scales of costs, of the court in which the proceeding to which the costs relate originated or of VCAT, as the case requires.\n\nS. 17K inserted by No. 78/2008 s. 5.\n\n","sortOrder":43},{"sectionNumber":"17K","sectionType":"section","heading":"Transfer of file","content":"\t17K Transfer of file\n\nIf the Costs Court is exercising its jurisdiction in relation to costs in a proceeding which originated in the County Court, the Magistrates' Court or VCAT, the court in which the proceeding originated or VCAT, as the case requires, must cause the record and all documents relating to the proceeding to which the costs relate to be sent to the Costs Court for the purposes of the hearing and determination of the assessment, settling, taxation or review of costs in that proceeding.\n\n","sortOrder":44},{"sectionNumber":"Div 3","sectionType":"division","heading":"Powers","content":"Division 3—Powers\n\nS. 18 repealed by No. 58/2013 s. 54.\n\nS. 19 amended by Nos 8/1991 s. 19(1), 10/1999 s. 25, 68/2009 s. 97(Sch. item 116.6), 30/2010 s. 94, repealed by No. 58/2013 s. 54.\n\nNo. 6387 s. 29A.\n\n","sortOrder":45},{"sectionNumber":"20","sectionType":"section","heading":"Offence to publish certain information concerning proceedings","content":"\t20 Offence to publish certain information concerning proceedings\n\nA person must not, in the course of a business of publishing information concerning debtors, publish or cause to be published in any newspaper, gazette, journal, periodical circular, newsletter, letter or like document information concerning the commencement of a proceeding for debt so as to identify the defendant before judgment is given in the proceeding.\n\n1. 100 penalty units.\n\nNote to s. 20 inserted by No. 58/2013 s. 55.\n\nThe **Open Courts Act 2013** governs suppression orders and closed court orders generally in relation to the Court.\n\nS. 20A inserted by No. 109/1994 s. 21.\n\n","sortOrder":46},{"sectionNumber":"20A","sectionType":"section","heading":"Power to act in cases relating to rates and taxes[[10]](#endnote-11)","content":"\t20A Power to act in cases relating to rates and taxes[[10]](#endnote-11)\n\nS. 20A(1) amended by No. 24/2008 s. 20.\n\n(1) A Judge, Associate Judge or officer of the Court is not incapable of acting in any proceeding by reason of being one of a class of ratepayers or one of any other class of persons liable in common with others to contribute to or be benefited by any rate or tax which may be affected by that proceeding.\n\n(2) In this section ***rate or tax*** means any rate, tax, duty or assessment, whether public, general or local and includes—\n\n(a) any fund formed from the proceeds of any such rate, tax, duty or assessment; and\n\n(b) any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or assessment might be applied.\n\nS. 21 amended by Nos 64/1996 s. 42, 71/2003 s. 3, 18/2005 s. 18(Sch. 1 item 103.2), 24/2008 s. 21, repealed by No. 42/2014 s. 102.\n\nNo. 6387 s. 30.\n\n","sortOrder":47},{"sectionNumber":"22","sectionType":"section","heading":"Execution of instruments by order of Court","content":"\t22 Execution of instruments by order of Court\n\n(1) If a person fails or refuses to comply with a judgment 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. 6387 s. 24A.\n\n","sortOrder":48},{"sectionNumber":"23","sectionType":"section","heading":"Attachment of earnings","content":"\t23 Attachment of earnings\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\n(2) Any person who dismisses an employee or injures an employee in the employee's employment or alters an employee's position to the prejudice of the employee by reason of the circumstance that an attachment order has been made in relation to the employee or that the employee is required to make payments under an attachment order may be dealt with as for contempt of court.\n\nNo. 6387 s. 32.\n\n","sortOrder":49},{"sectionNumber":"24","sectionType":"section","heading":"Costs to be in the discretion of Court","content":"\t24 Costs to be in the discretion of Court\n\n(1) Unless otherwise expressly provided by this or any other Act or by the Rules, the costs of and incidental to all matters in the Court, including the administration of estates and trusts, is in the discretion of the Court and the Court has full power to determine by whom and to what extent the costs are to be paid.\n\n(2) Nothing in this section alters the practice in any criminal proceeding.\n\nS. 24A inserted by No. 64/1996 s. 43, amended by No. 50/2009 s. 4.\n\n","sortOrder":50},{"sectionNumber":"24A","sectionType":"section","heading":"Mediation[[11]](#endnote-12)","content":"\t24A Mediation[[11]](#endnote-12)\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\nNew s. 24B inserted by No. 33/2018 s. 63.\n\n","sortOrder":51},{"sectionNumber":"24B","sectionType":"section","heading":"Court may issue or transmit court documents electronically","content":"\t24B Court may issue or transmit court documents electronically\n\n(1) Any order, judgment, process or other document that the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official 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, judgment, process 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\n**Example**\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 he document had been signed or sealed by hand.\n\n(3) Nothing in this section—\n\n(a) limits the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official from issuing or providing any order, judgment, process or other document in paper form; or\n\n(b) affects or limits any practice, procedure or Rules of Court that provide for electronic processes in the Court; or\n\n(c) affects or limits the power to make Rules of Court; or\n\n(d) limits any other power of the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official.\n\nPt 2 Div. 3A (Heading and ss 24B, 24C) inserted by No. 50/2009 s. 5, amended by No. 34/2010 s. 18, repealed by No. 47/2010 s. 81(1).\n\nPt 2 Div. 3B (Heading and ss 24D–24F) inserted by No. 64/2010 s. 66.\n\n","sortOrder":52},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Immunities and protections","content":"Division 3B—Immunities and protections\n\nS. 24D inserted by No. 64/2010 s. 66.\n\n","sortOrder":53},{"sectionNumber":"24D","sectionType":"section","heading":"Immunity and protection of Judge of Court extends to administrative functions","content":"\t24D Immunity and protection of Judge of Court extends to administrative functions\n\nWithout limiting any other law, whether written or unwritten, the immunity and protection that a Judge of the Court has in the performance of his or her duties as Judge extends and applies to the performance or exercise of an administrative function or power conferred on the Judge or on the Court by or under any Act or any other law.\n\nS. 24E inserted by No. 64/2010 s. 66.\n\n","sortOrder":54},{"sectionNumber":"24E","sectionType":"section","heading":"Immunity and protection of Associate Judges","content":"\t24E Immunity and protection of Associate Judges\n\nWithout limiting any other law, whether written or unwritten, an Associate Judge has in the performance of his or her duties as an Associate Judge, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.\n\nS. 24F inserted by No. 64/2010 s. 66.\n\n","sortOrder":55},{"sectionNumber":"24F","sectionType":"section","heading":"Immunity and protection of specified court officers","content":"\t24F Immunity and protection of specified court officers\n\n(1) A specified court officer has, in the performance of his or her duties as that officer in good faith, the same immunity and protection as a Judge of the Court has in the performance of his or her duties as Judge.\n\n(2) In subsection (1) ***specified court officer*** means the following persons employed in accordance with section 106—\n\n(a) the prothonotary;\n\n(b) the registrar of probates;\n\n(c) a registrar;\n\n(d) a costs registrar;\n\n(e) a deputy registrar;\n\n(f) a deputy prothonotary;\n\n(g) an assistant registrar of probates;\n\n(h) a deputy costs registrar.\n\nS. 24G inserted by No. 26/2012 s. 72.\n\n","sortOrder":56},{"sectionNumber":"24G","sectionType":"section","heading":"Protection of assessors","content":"\t24G Protection of assessors\n\nAn assessor called in for assistance in a proceeding under section 77 has, in the performance of his or her duties as an assessor in the proceeding, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.\n\n","sortOrder":57},{"sectionNumber":"Div 4","sectionType":"division","heading":"Court Rules","content":"Division 4—Court Rules\n\nNo. 6387 s. 25.\n\n","sortOrder":58},{"sectionNumber":"25","sectionType":"section","heading":"Power to make Rules[[12]](#endnote-13)","content":"\t25 Power to make Rules[[12]](#endnote-13)\n\nS. 25(1) amended by Nos 9/1995 s. 7(5), 5/2013 s. 17.\n\n(1) The Judges of the Court (not including any reserve Judge) may make Rules of Court for or with respect to the following:\n\n(a) Any matter dealt with in any Rules of Court in force on 1 January 1987;\n\nS. 25(1)(ab) inserted by No. 47/2010 s. 82(a).\n\n(ab) 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. 25(1)(ac) inserted by No. 47/2010 s. 82(a).\n\n(ac) the conduct of proceedings and parties to 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 proceedings;\n\nS. 25(1)(ad) inserted by No. 47/2010 s. 82(a).\n\n(ad) case management;\n\nS. 25(1)(ada) inserted by No. 25/2014 s. 9.\n\n(ada) discovery and disclosure;\n\nS. 25(1)(ae) inserted by No. 47/2010 s. 82(a).\n\n(ae) 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\nS. 25(1)(af) inserted by No. 58/2013 s. 56.\n\n(af) 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. 25(1)(ag) inserted by No. 42/2014 s. 103.\n\n(ag) 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. 25(1)(ah) inserted by No. 18/2018 s. 16.\n\n(ah) the conduct of proceedings and parties to 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 proceedings conducted in accordance with that Act;\n\nS. 25(1)(ai) inserted by No. 33/2018 s. 64.\n\n(ai) 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, processes and other documents by electronic communication; and\n\n(iii) use of electronic signatures and seals;\n\nS. 25(1)(aj) inserted by No. 31/2021 s. 10.\n\n(aj) 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. 25(1)(b) amended by No. 24/2008 s. 22(1)(a).\n\n(b) The prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by an Associate Judge;\n\nS. 25(1)(c) amended by Nos 109/1994 s. 22(1)(a)(i)(ii), 24/2008 s. 22(1)(b), 3/2016 s. 45.\n\n(c) Appeals by way of rehearing or otherwise to the Trial Division of the Court constituted by a Judge from an associate judge of the County Court;\n\nS. 25(1)(ca) inserted by No. 109/1994 s. 22(1)(b).\n\n(ca) applications and appeals to and proceedings in the Court of Appeal;\n\nS. 25(1)(cab) inserted by No. 62/2014 s. 7.\n\n(cab) without limiting paragraph (ca), in accordance with section 11, providing for the constitution of the Court of Appeal by a single Judge of Appeal—\n\n(i) in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or\n\n(ii) generally;\n\nS. 25(1)(cac) inserted by No. 62/2014 s. 7.\n\n(cac) without limiting paragraph (ca), in accordance with section 11, providing for the particular kinds of applications, appeals or proceedings in respect of which the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal;\n\nS. 25(1)(cb) inserted by No. 24/2008 s. 22(1)(c).\n\n(cb) appeals by way of rehearing or otherwise from the Trial Division constituted by an Associate Judge—\n\n(i) to the Court of Appeal; or\n\n(ii) to the Trial Division constituted by a Judge of the Court;\n\nS. 25(1)(cc) inserted by No. 34/2010 s. 19(1).\n\n(cc) appeals by way of rehearing or otherwise from the Court constituted by a judicial registrar—\n\n(i) to the Court of Appeal; or\n\n(ii) to the Trial Division constituted by a Judge of the Court or by an Associate Judge;\n\n(d) The payment of money into and out of court and the investment of that money including, without limiting the generality of the foregoing provisions of this paragraph, rules—\n\n(i) providing for the establishment and management of Common Funds; and\n\n(ii) regulating the practice and procedure of the Senior Master in relation to the investment of money; and\n\n(iii) generally prescribing anything necessary to be prescribed for the proper management and operation of Common Funds;\n\nS. 25(1)(da) inserted by No. 78/2008 s. 6.\n\n(da) the practice and procedure of the Costs Court, including, but not limited to generally providing for matters in respect of the assessment, settling, taxation and review of costs by the Costs Court.\n\nS. 25(1)(db) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(a).\n\n(db) without limiting paragraph (da), the performance of assessing, settling, taxing and reviewing of costs by costs registrars or judicial registrars, including, but not limited to, the exercise by costs registrars or judicial registrars of the jurisdiction of the Costs Court;\n\nS. 25(1)(dc) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(b).\n\n(dc) the transfer or referral of matters between the Costs Court constituted by a Costs Judge and the Costs Court constituted by a costs registrar or a judicial registrar;\n\nS. 25(1)(dd) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(c).\n\n(dd) reviews by and appeals from the Costs Court;\n\nS. 25(1)(de) inserted by No. 34/2010 s. 19(3), substituted by No. 68/2012 s. 7(1).\n\n(de) the prescription of classes of matters (whether civil or criminal) which may be heard and determined by the Court constituted by a judicial registrar;\n\nS. 25(1)(dea) inserted by No. 68/2012 s. 7(1).\n\n(dea) without limiting paragraph (dg), the referral by a Judge or an Associate Judge of any matter (whether civil or criminal and whether or not it falls within a particular class of matter) to the Court constituted by a judicial registrar for hearing and determination;\n\nS. 25(1)(df) inserted by No. 34/2010 s. 19(3), amended by No. 68/2012 s. 7(2).\n\n(df) delegating to judicial registrars all or any of the powers of the Court specified by the Rules in relation to matters to be heard and determined by judicial registrars in accordance with the Rules, including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court;\n\nS. 25(1)(dg) inserted by No. 34/2010 s. 19(3).\n\n(dg) the transfer or referral of matters between the Court constituted by a judicial registrar and the Court constituted by a Judge of the Court or by an Associate Judge;\n\nS. 25(1)(dh) inserted by No. 34/2010 s. 19(3).\n\n(dh) reviews of, and appeals from, the Court constituted by a judicial registrar or a costs registrar;\n\n(e) The reference of any question arising in a proceeding to a special referee or officer of the Court for decision or opinion;\n\nS. 25(1)(ea) inserted by No. 64/1990 s. 7(1).\n\n(ea) The reference of any proceeding or of any part of a proceeding to mediation or arbitration;\n\nS. 25(1)(eab) inserted by No. 50/2009 s. 6(a).\n\n(eab) judicial resolution conferences, including, but not limited to, the practice and procedure of the Court in relation to judicial resolution conferences;\n\nS. 25(1)(eac) inserted by No. 47/2010 s. 82(b).\n\n(eac) without limiting paragraphs (ea) and (eab), the referral, direction or ordering of parties to a proceeding to any form of appropriate dispute resolution, whether with or without consent of the parties;\n\nS 25(1)(eb) inserted by No. 4/1997  \ns. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48).\n\n(eb) requirements for the purposes of Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958** for or with respect to[[13]](#endnote-14)—\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. 25(1)(ec) inserted by No. 4/1997  \ns. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48).\n\n(ec) applications to the Court under Division 2 or 3 of Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**[[14]](#endnote-15);\n\nS. 25(1)(ed) inserted by No. 8/2008 s. 9, repealed by No. 8/2008 s. 12(2).\n\n(f) Any matter relating to—\n\n(i) the practice and procedure of the Court; or\n\n(ii) the powers, authorities, duties and functions of the officers of the Court;\n\n(g) Any matter relating to the enforcement of judgments of the Court, whether arising under the common law or under any jurisdiction conferred by or under any Act or enactment.\n\nS. 25(1A) inserted by No. 24/2008 s. 22(2).\n\n(1A) The Rules may—\n\nS. 25(1A)(a) amended by Nos 50/2009 s. 6(b), 34/2010 s. 19(4).\n\n(a) confer a discretionary authority or impose a duty on the Chief Justice, a Judge of the Court, an Associate Judge, a judicial registrar or a specified court official or a specified class of judge, class of judicial registrar or court official; and\n\n(b) 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\n(2) 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\nNo. 6387 s. 26.\n\nS. 26 amended by Nos 9/1995 s. 7(5), 24/2008 s. 23, 5/2013 s. 18, 63/2013 s. 18, 11/2021 s. 51 (ILA s. 39B(1)).\n\n","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Manner of making Rules","content":"\t26 Manner of making Rules\n\n(1) If by this or any other Act it is provided, expressly or by implication, that the Court or the Judges of the Court may make Rules, the power may be exercised by a majority of the Judges (not including any reserve Judge, Associate Judge or reserve Associate Judge) present at a meeting held for that purpose.\n\nS. 26(2) inserted by No. 11/2021 s. 51.\n\n(2) Without limiting subsection (1), the Judges of the Court may exercise the power to make Rules by means of a majority of Judges of the Court (not including any reserve Judge, Associate Judge or reserve Associate Judge) agreeing to the proposed Rules without being physically present at a meeting held for that purpose.\n\nNo. 6387 s. 27.\n\n","sortOrder":60},{"sectionNumber":"27","sectionType":"section","heading":"Disallowance of Rules","content":"\t27 Disallowance of Rules\n\nThe Rules are subject to disallowance by the Parliament.\n\nS. 27A inserted by No. 64/1990 s. 8.\n\n","sortOrder":61},{"sectionNumber":"27A","sectionType":"section","heading":"Protection of special referees, mediators and arbitrators","content":"\t27A Protection of special referees, mediators and arbitrators\n\nS. 27A(1) amended by No. 47/2010 s. 81(2).\n\n(1) A special referee, mediator or arbitrator to whom a proceeding, part of a proceeding or question arising in a proceeding is referred under 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. 27A(2) amended by No. 50/2011 s. 46(Sch. item 14.2).\n\n(2) Subsection (1) applies despite anything to the contrary in the **Commercial Arbitration Act 2011**.\n\nPt 2 Div. 5 (Heading) inserted by No. 57/1989 s. 3(Sch. item 192.1).\n\nDivision 5—Council of Judges\n\nNo. 6387 s. 28.\n\n","sortOrder":62},{"sectionNumber":"28","sectionType":"section","heading":"Council of Judges","content":"\t28 Council of Judges\n\n(1) A Council of the Judges of the Court must meet once at least in each year on a day or days fixed by the Chief Justice to—\n\n(a) consider the operation of this Act and the Rules; and\n\n(b) consider the working of the offices of the Court and the arrangements relating to the duties of the officers of the Court; and\n\n(c) inquire into and examine any defects which appear to exist in the system of procedure or the administration of the law in the Court and in any other court from which an appeal lies to the Court.\n\n(2) The Chief Justice must cause adequate notice of a meeting to be given to all the Judges.\n\n(3) The Judges must report annually to the Governor on the operation of the Court.\n\nS. 28(4) amended by Nos 9/1995 s. 7(5), 24/2008 s. 24, substituted by No. 5/2013 s. 19, amended by No. 63/2013 s. 19.\n\n(4) In this section, ***Judges*** does not include any reserve Judge, Associate Judge or reserve Associate Judge.\n\nS. 28(5) inserted by No. 3/2016 s. 46.\n\n(5) A Judge of the Court who is a dual commission holder as Chief Judge is a member of the Council of Judges of the Court and is also a member of the Council ofJudges under section 87 of the **County Court Act 1958**.\n\nS. 28(6) inserted by No. 1/2022 s. 26.\n\n(6) A Judge of the Court who is a dual commission holder as Chief Magistrate is a member of the Council of Judges of the Court and is also a member of the Council of magistrates under section 15 of the **Magistrates' Court Act 1989**.\n\nNote to s. 28 inserted by No. 16/2016 s. 208.\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\nPt 2 Div. 5A (Heading and s. 28AAA) inserted by No. 16/2016 s. 209.\n\n","sortOrder":63},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Powers of Chief Justice","content":"Division 5A—Powers of Chief Justice\n\nS. 28AAA inserted by No. 16/2016 s. 209.\n\n\t28AAA Administrative responsibility of Chief Justice\n\n(1) The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.\n\n(2) The Chief Justice has the power to do all things necessary or convenient to be done to perform the Chief Justice's responsibilities under subsection (1).\n\n(3) Nothing in this section limits the responsibilities, functions or powers of the Chief Justice under this or any other Act.\n\nPt 2 Div. 6 (Heading and s. 28A) inserted by No. 24/2007 s. 3.\n\nDivision 6—Professional development and training\n\nS. 28A inserted by No. 24/2007 s. 3.\n\n","sortOrder":64},{"sectionNumber":"28A","sectionType":"section","heading":"Professional development and training","content":"\t28A Professional development and training\n\n(1) In this section—\n\nS. 28A(1) def. of  \n*judicial officer* amended by Nos 24/2008 s. 25, 34/2010 s. 20, 5/2013 s. 20, 63/2013 s. 20, 3/2016 s. 47, 1/2022 s. 27.\n\n***judicial officer*** means—\n\n(a) a Judge of the Court (other than a Judge of the Court who is a dual commission holder as Chief Judge or Chief Magistrate), 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 Justice 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 Justice 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\n","sortOrder":65},{"sectionNumber":"Part 3","sectionType":"part","heading":"Concurrent administration of law and equity","content":"Part 3—Concurrent administration of law and equity\n\nNo. 6387 s. 62(5).\n\n","sortOrder":66},{"sectionNumber":"29","sectionType":"section","heading":"Law and equity to be concurrently administered","content":"\t29 Law and equity to be concurrently administered\n\n(1) Subject to the provisions of this or any other Act, every court exercising jurisdiction in Victoria in any civil proceeding must continue to administer law and equity on the basis that, if there is a conflict or variance between the rules of equity and the rules of the common law concerning the same matter, the rules of equity prevail.\n\nNo. 6387 s. 61(5).\n\n(2) Every court referred to in subsection (1) must give the same effect as before the commencement of this Act—\n\n(a) to all equitable estates, titles, rights, reliefs, defences and counter-claims, and to all equitable duties and liabilities; and\n\n(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or created by any Act—\n\nand, subject to the provisions of this or any other Act, must so exercise its jurisdiction in every proceeding before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of proceedings concerning any of those matters is avoided.\n\nNo. 6387 s. 61(5).\n\n","sortOrder":67},{"sectionNumber":"30","sectionType":"section","heading":"Power to stay proceedings","content":"\t30 Power to stay proceedings\n\nNothing in this Act affects the power of the Court to stay a proceeding in the Court, either of its own motion or on the application of any person, whether or not a party.\n\n","sortOrder":68},{"sectionNumber":"Part 4","sectionType":"part","heading":"Inferior courts","content":"Part 4—Inferior courts\n\nNo. 6387 s. 58.\n\n","sortOrder":69},{"sectionNumber":"31","sectionType":"section","heading":"Power of inferior courts with equity jurisdiction","content":"\t31 Power of inferior courts with equity jurisdiction\n\nEvery inferior court which has jurisdiction in equity or at law and in equity—\n\n(a) has as regards all causes of action within its jurisdiction, power to grant in any proceedings before that court such relief, redress or remedy or combination of remedies, either absolute or conditional, as the Court has power to grant in the like case; and\n\n(b) subject to section 32, in any proceedings before it may give effect to every ground of defence or counter-claim, equitable or legal, in as full and ample a manner as the Court might give in the like case.\n\nNo. 6387 s. 59.\n\n","sortOrder":70},{"sectionNumber":"32","sectionType":"section","heading":"Transfer of proceeding from inferior court","content":"\t32 Transfer of proceeding from inferior court\n\nS. 32(1) amended by No. 43/1991 s. 36(a).\n\n(1) If as to any claim brought in an inferior court the defendant raises—\n\n(a) a defence; or\n\n(b) a counter-claim—\n\nwhich involves a matter exceeding the jurisdiction of that court, then, unless an order is made under the **Courts (Case Transfer) Act 1991** transferring the proceeding to a court with jurisdiction, that court must determine all the issues raised in the proceeding that relate to the claim of the plaintiff and the defence to it and may grant relief on the counter-claim to the extent that it is within its jurisdiction to do so.\n\nS. 32(2)–(5) repealed by No. 43/1991 s. 36(b).\n\nNo. 6387 s. 60.\n\n","sortOrder":71},{"sectionNumber":"33","sectionType":"section","heading":"Rules of law to apply to inferior courts","content":"\t33 Rules of law to apply to inferior courts\n\nUnless otherwise expressly provided by this or any other Act, the rules of law enacted by Part 5 apply to all courts so far as the matters to which those rules relate are within the jurisdiction of those courts.\n\nPt 4A (Heading and ss 33A–33H, 33J–33ZH, 33ZJ, 33ZK) inserted by No. 78/2000 s. 13.\n\n","sortOrder":72},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Group proceeding","content":"Part 4A—Group proceeding\n\nDivision 1—Preliminary\n\nS. 33A inserted by No. 78/2000 s. 13.\n\n","sortOrder":73},{"sectionNumber":"33A","sectionType":"section","heading":"Definitions","content":"\t33A Definitions\n\nIn this Part—\n\nS. 33A def. of *Chapter I of the Rules* amended by Nos 24/2008 s. 89(a), 22/2020 s. 3.\n\n***Chapter I of the Rules*** means the Supreme Court (General Civil Procedure) Rules 2015;\n\n***defendant*** means a person against whom relief is sought in a group proceeding;\n\n***group member*** means a member of a group of persons on whose behalf a group proceeding has been commenced;\n\n***group proceeding*** means a proceeding commenced under this Part;\n\n***handicapped person*** means 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***person under disability*** means a minor or handicapped person;\n\n***plaintiff*** means a person who commences a group proceeding as a representative party or a person who is substituted under section 33T(1) or 33W(3);\n\n***sub-group member*** means a person included in a sub-group established under section 33Q;\n\n***sub-group representative party*** means a person appointed to be a sub-group representative party under section 33Q.\n\nS. 33B inserted by No. 78/2000 s. 13.\n\n","sortOrder":74},{"sectionNumber":"33B","sectionType":"section","heading":"Application","content":"\t33B Application\n\n(1) This Part applies to a cause of action whether arising before or on or after 1 January 2000.\n\n(2) This Part does not apply to—\n\n(a) a proceeding under sections 34 and 35 of the Act; or\n\n(b) a proceeding concerning—\n\n(i) the administration of the estate of a deceased person; or\n\n(ii) property subject to a trust; or\n\n(c) a proceeding commenced under Order 18 of Chapter I of the Rules.\n\nDivision 2—Commencement of group proceeding\n\nS. 33C inserted by No. 78/2000 s. 13.\n\n","sortOrder":75},{"sectionNumber":"33C","sectionType":"section","heading":"Commencement of proceeding","content":"\t33C Commencement of proceeding\n\n(1) Subject to this Part, if—\n\n(a) seven or more persons have claims against the same person; and\n\n(b) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and\n\n(c) the claims of all those persons give rise to a substantial common question of law or fact—\n\na proceeding may be commenced by one or more of those persons as representing some or all of them.\n\n(2) A group proceeding may be commenced—\n\n(a) whether or not the relief sought—\n\n(i) is, or includes, equitable relief; or\n\n(ii) consists of, or includes, damages; or\n\n(iii) includes claims for damages that would require individual assessment; or\n\n(iv) is the same for each person represented; and\n\n(b) whether or not the proceeding—\n\n(i) is concerned with separate contracts or transactions between the defendant and individual group members; or\n\n(ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.\n\nS. 33D inserted by No. 78/2000 s. 13.\n\n","sortOrder":76},{"sectionNumber":"33D","sectionType":"section","heading":"Standing","content":"\t33D Standing\n\n(1) A person referred to in paragraph (a) of section 33C(1) who has a sufficient interest to commence a proceeding on the person's own behalf against another person has a sufficient interest to commence a group proceeding against that other person on behalf of other persons referred to in that paragraph.\n\n(2) If a person has commenced a group proceeding, that person retains a sufficient interest—\n\n(a) to continue the proceeding; and\n\n(b) to bring an appeal from a judgment in the proceeding—\n\neven though the person ceases to have a claim against the defendant.\n\nS. 33E inserted by No. 78/2000 s. 13.\n\n","sortOrder":77},{"sectionNumber":"33E","sectionType":"section","heading":"Consent of group member","content":"\t33E Consent of group member\n\n(1) Subject to subsection (2), the consent of a person to be a group member is not required.\n\n(2) None of the following persons is a group member unless the person gives consent in writing to being so—\n\n(a) the Commonwealth, a State or a Territory; or\n\n(b) a Minister of the Commonwealth, a State or a Territory; or\n\n(c) a body corporate established for a public purpose by a law of the Commonwealth, a State or a Territory, other than an incorporated company or association; or\n\n(d) any judge, magistrate or other judicial officer of the Commonwealth, a State or a Territory; or\n\n(e) any other officer of the Commonwealth, a State or a Territory, in his or her capacity as an officer.\n\nS. 33F inserted by No. 78/2000 s. 13.\n\n","sortOrder":78},{"sectionNumber":"33F","sectionType":"section","heading":"Persons under disability","content":"\t33F Persons under disability\n\n(1) It is not necessary for a person under disability to have a litigation guardian merely in order to be a group member.\n\n(2) A group member who is a person under disability may only take a step in the group proceeding, or conduct part of the proceeding, by the group member's litigation guardian.\n\nS. 33G inserted by No. 78/2000 s. 13, amended by No. 12/2001 s. 6.\n\n","sortOrder":79},{"sectionNumber":"33G","sectionType":"section","heading":"Group proceeding not to be commenced in certain circumstances","content":"\t33G Group proceeding not to be commenced in certain circumstances\n\nA group proceeding may not be commenced if the proceeding would be concerned only with claims in respect of which the Court has jurisdiction solely by virtue of the **Jurisdiction of Courts (Cross-vesting) Act 1987** or a corresponding law of the Commonwealth or another State or a Territory.\n\nS. 33H inserted by No. 78/2000 s. 13.\n\n","sortOrder":80},{"sectionNumber":"33H","sectionType":"section","heading":"Originating process","content":"\t33H Originating process\n\n(1) A group proceeding must be commenced by writ.\n\n(2) The indorsement on the writ must, in addition to any other matters required by the Rules to be included—\n\n(a) describe or otherwise identify the group members to whom the proceeding relates; and\n\n(b) specify the nature of the claims made on behalf of the group members and the relief claimed; and\n\n(c) specify the questions of law or fact common to the claims of the group members.\n\n(3) In describing or otherwise identifying group members for the purposes of subsection (2), it is not necessary to name, or specify the number of, the group members.\n\nS. 33J inserted by No. 78/2000 s. 13.\n\n","sortOrder":81},{"sectionNumber":"33J","sectionType":"section","heading":"Right of group member to opt out","content":"\t33J Right of group member to opt out\n\n(1) The Court must fix a date before which a group member may opt out of a group proceeding.\n\n(2) A group member may opt out of the group proceeding by notice in writing before the date so fixed.\n\n(3) The Court, on the application of a group member, the plaintiff or the defendant, may extend the period within which a group member may opt out of the group proceeding.\n\n(4) Except with the leave of the Court, the trial of a group proceeding must not commence earlier than the date before which a group member may opt out of the proceeding.\n\n(5) Unless the Court otherwise orders, a person who has opted out of a group proceeding must be taken never to have been a group member.\n\n(6) The Court, on the application of a person who has opted out of a group proceeding, may reinstate that person as a group member on such terms as the Court thinks fit.\n\nS. 33K inserted by No. 78/2000 s. 13.\n\n","sortOrder":82},{"sectionNumber":"33K","sectionType":"section","heading":"Causes of action accruing after commencement","content":"\t33K Causes of action accruing after commencement\n\n(1) The Court may, at any stage of a group proceeding on application made by the plaintiff, give leave to amend the writ commencing the group proceeding so as to alter the description of the group.\n\n(2) The description of the group may be altered so as to include a person—\n\n(a) whose cause of action accrued after the commencement of the group proceeding but before such date as the Court fixes when giving leave; and\n\n(b) who would have been included in the group or, with the consent of the person would have been included in the group, if the cause of action had accrued before the commencement of the proceeding.\n\n(3) The date mentioned in subsection (2)(a) may be the date on which leave is given or another date before or after that date.\n\n(4) If the Court gives leave under subsection (1), it may also make any other orders it thinks just, including an order relating to the giving of notice to persons who, as a result of the amendment, will be included in the group and the date before which such persons may opt out of the proceeding.\n\nS. 33KA inserted by No. 78/2000 s. 13.\n\n\t33KA Court powers concerning group membership\n\n(1) On the application of a party to a group proceeding or of its own motion, the Court may at any time, whether before or after judgment, order—\n\n(a) that a person cease to be a group member;\n\n(b) that a person not become a group member.\n\n(2) The Court may make an order under subsection (1) if of the opinion that—\n\n(a) the person does not have sufficient connection with Australia to justify inclusion as a group member; or\n\n(b) for any other reason it is just or expedient that the person should not be or should not become a group member.\n\n(3) If the Court orders that a person cease to be a group member, then, if the Court so orders, the person must be taken never to have been a group member.\n\nS. 33L inserted by No. 78/2000 s. 13.\n\n","sortOrder":83},{"sectionNumber":"33L","sectionType":"section","heading":"Fewer than seven group members","content":"\t33L Fewer than seven group members\n\nIf, at any stage of a group proceeding, it appears likely to the Court that there are fewer than 7 group members, the Court may order, on such conditions (if any) as it thinks fit—\n\n(a) that the proceeding continue under this Part; or\n\n(b) that the proceeding no longer continue under this Part.\n\nS. 33M inserted by No. 78/2000 s. 13.\n\n","sortOrder":84},{"sectionNumber":"33M","sectionType":"section","heading":"Distribution costs excessive","content":"\t33M Distribution costs excessive\n\nIf—\n\n(a) the relief claimed in a group proceeding is or includes payment of money to group members (otherwise than in respect of costs); and\n\n(b) on application by the defendant, the Court concludes that it is likely that, if judgment were to be given in favour of the plaintiff, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive having regard to the likely total of those amounts—\n\nthe Court may, by order—\n\n(c) direct that the proceeding no longer continue under this Part; or\n\n(d) stay the proceeding so far as it relates to relief of the kind mentioned in paragraph (a).\n\nS. 33N inserted by No. 78/2000 s. 13.\n\n","sortOrder":85},{"sectionNumber":"33N","sectionType":"section","heading":"Proceeding not to continue under this Part","content":"\t33N Proceeding not to continue under this Part\n\n(1) The Court may, on application by the defendant, order that a proceeding no longer continue under this Part if it is satisfied that it is in the interests of justice to do so because—\n\n(a) the costs that would be incurred if the proceeding were to continue as a group proceeding are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or\n\n(b) all the relief sought can be obtained by means of a proceeding other than a group proceeding; or\n\n(c) the group proceeding will not provide an efficient and effective means of dealing with the claims of group members; or\n\n(d) it is otherwise inappropriate that the claims be pursued by means of a group proceeding.\n\n(2) If the Court dismisses an application under this section, the Court may order that no further application under this section be made by the defendant except with the leave of the Court.\n\n(3) Leave for the purposes of subsection (2) may be granted subject to such conditions as to costs as the Court thinks fit.\n\nS. 33P inserted by No. 78/2000 s. 13.\n\n","sortOrder":86},{"sectionNumber":"33P","sectionType":"section","heading":"Consequences of proceeding not continuing under this Part","content":"\t33P Consequences of proceeding not continuing under this Part\n\nIf the Court makes an order under section 33L, 33M or 33N that a proceeding no longer continue under this Part—\n\n(a) the proceeding may be continued as a proceeding by the plaintiff on the plaintiff's own behalf against the defendant; and\n\n(b) on the application of a person who was a group member, the Court may order that the person be joined as a plaintiff in the proceeding.\n\nS. 33Q inserted by No. 78/2000 s. 13.\n\n","sortOrder":87},{"sectionNumber":"33Q","sectionType":"section","heading":"Where not all questions common","content":"\t33Q Where not all questions common\n\n(1) If it appears to the Court that determination of the question or questions common to all group members will not finally determine the claims of all group members, the Court may give directions in relation to the determination of the remaining questions.\n\n(2) In the case of questions common to the claims of some only of the group members, the directions given by the Court may include directions establishing a sub-group consisting of those group members and appointing a person who consents to the appointment to be the sub-group representative party on behalf of the sub-group members.\n\n(3) If the Court appoints a person other than the plaintiff to be a sub-group representative party, that person, and not the plaintiff, is liable for costs associated with the determination of the question or questions common to the sub-group members.\n\nS. 33R inserted by No. 78/2000 s. 13.\n\n","sortOrder":88},{"sectionNumber":"33R","sectionType":"section","heading":"Individual questions","content":"\t33R Individual questions\n\n(1) In giving directions under section 33Q, the Court may permit an individual group member to take part in the proceeding for the purpose of determining a question that relates only to the claim of that member.\n\n(2) In such a case, the individual group member, and not the plaintiff, is liable for costs associated with the determination of the question.\n\nS. 33S inserted by No. 78/2000 s. 13.\n\n","sortOrder":89},{"sectionNumber":"33S","sectionType":"section","heading":"Directions for further proceedings","content":"\t33S Directions for further proceedings\n\nIf a question cannot properly or conveniently be dealt with under section 33Q or 33R, the Court may give directions for the commencement and conduct of another proceeding, whether or not a group proceeding.\n\nS. 33T inserted by No. 78/2000 s. 13.\n\n","sortOrder":90},{"sectionNumber":"33T","sectionType":"section","heading":"Adequacy of representation","content":"\t33T Adequacy of representation\n\n(1) If, on an application by a group member, it appears to the Court that the plaintiff is not able adequately to represent the interests of the group members, the Court may substitute another group member as plaintiff and may make such other orders as it thinks fit.\n\n(2) If, on an application by a sub-group member, it appears to the Court that the sub-group representative party is not able adequately to represent the interests of the sub-group members, the Court may substitute another person as sub-group representative party and may make such other orders as it thinks fit.\n\nS. 33U inserted by No. 78/2000 s. 13.\n\n","sortOrder":91},{"sectionNumber":"33U","sectionType":"section","heading":"Stay of execution","content":"\t33U Stay of execution\n\nIf a defendant commences a proceeding in the Court against a group member, the Court may order a stay of execution in respect of any relief awarded to the group member in the group proceeding until the other proceeding is determined.\n\nS. 33V inserted by No. 78/2000 s. 13.\n\n","sortOrder":92},{"sectionNumber":"33V","sectionType":"section","heading":"Settlement and discontinuance","content":"\t33V Settlement and discontinuance\n\n(1) A group proceeding may not be settled or discontinued without the approval of the Court.\n\n(2) If the Court gives such approval, it may make such orders as it thinks fit with respect to the distribution of any money, including interest, paid under a settlement or paid into court.\n\nS. 33W inserted by No. 78/2000 s. 13.\n\n","sortOrder":93},{"sectionNumber":"33W","sectionType":"section","heading":"Settlement of individual claim","content":"\t33W Settlement of individual claim\n\n(1) The plaintiff may, with the leave of the Court, settle the plaintiff's individual claim in whole or in part at any stage of the group proceeding.\n\n(2) The Court may order that a person who has settled the person's individual claim in whole or in part cease to be plaintiff.\n\n(3) If an order is sought under subsection (2), the Court may, on the application of a group member, make an order substituting as plaintiff a group member who consents to that substitution.\n\n(4) An order must not be made under subsection (2) unless the Court is satisfied that—\n\n(a) notice of application for the order has been given to group members in accordance with section 33X(1); and\n\n(b) such notice was given in sufficient time for an application to be made for an order under subsection (3); and\n\n(c) an order under subsection (3) has been or will be made.\n\n(5) The Court may make an order under subsection (2) or (3) on such terms and conditions, as to costs or otherwise, as the Court thinks fit.\n\nDivision 3—Notices\n\nS. 33X inserted by No. 78/2000 s. 13.\n\n","sortOrder":94},{"sectionNumber":"33X","sectionType":"section","heading":"When notice to be given","content":"\t33X When notice to be given\n\n(1) Notice must be given to group members of the following matters in relation to a group proceeding—\n\n(a) the commencement of the proceeding and the right of the group members to opt out of the proceeding before a specified date, being the date fixed under section 33J(1);\n\n(b) an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;\n\n(c) an application by the plaintiff seeking leave under section 33W.\n\n(2) The Court may dispense with compliance with any or all of the requirements of subsection (1) if the relief sought in a proceeding does not include any claim for damages.\n\n(3) If the Court so orders, notice must be given to group members of any offer to compromise the proceeding.\n\n(4) Unless the Court is satisfied that it is just to do so, an application for approval under section 33V must not be determined unless notice has been given to group members.\n\n(5) The Court may, at any stage, order that notice of any matter be given to a group member or group members.\n\n(6) Notice under this section must be given as soon as practicable after the happening of the event to which the notice relates.\n\nS. 33Y inserted by No. 78/2000 s. 13.\n\n","sortOrder":95},{"sectionNumber":"33Y","sectionType":"section","heading":"Notices under section 33X","content":"\t33Y Notices under section 33X\n\n(1) The form and content of a notice under section 33X must be approved by the Court.\n\n(2) The Court must, by order, specify—\n\n(a) who is to give the notice; and\n\n(b) the manner in which the notice is to be given—\n\nand the order may include provision—\n\n(c) directing a party to provide information relevant to the giving of the notice; and\n\n(d) relating to the costs of notice.\n\n(3) An order under subsection (2) may require that notice be given by means of press advertisement, radio or television broadcast, or by any other means.\n\n(4) The Court must not order that notice be given personally to each group member unless it is satisfied that it is reasonably practicable, and not unduly expensive, to do so.\n\n(5) A notice that concerns a matter for which the Court's leave is required must specify the period within which a group member or other person may apply to the Court, or take some other step, in relation to the matter.\n\n(6) A notice that includes or concerns conditions must specify the conditions and the period, if any, for compliance.\n\n(7) The failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given, in a proceeding.\n\nDivision 4—Judgment, etc.\n\nS. 33Z inserted by No. 78/2000 s. 13.\n\n","sortOrder":96},{"sectionNumber":"33Z","sectionType":"section","heading":"Judgment of the Court","content":"\t33Z Judgment of the Court\n\n(1) The Court may, in determining a matter in a group proceeding—\n\n(a) determine a question of law;\n\n(b) determine a question of fact;\n\n(c) make a declaration of liability;\n\n(d) grant any equitable relief;\n\n(e) make an award of damages for group members, sub-group members or individual group members, being damages consisting of specified amounts or amounts worked out in such manner as the Court specifies;\n\n(f) award damages in an aggregate amount without specifying amounts awarded in respect of individual group members;\n\n(g) make such other order as is just, including, but not restricted to, an order for monetary relief other than for damages and an order for non-pecuniary damages.\n\n(2) In making an order for an award of damages, or monetary relief the Court must make provision for the payment or distribution of the money to the group members entitled.\n\n(3) Subject to section 33V, the Court must not make an award of damages under subsection (1)(f) or monetary relief under subsection (1)(g) unless a reasonably accurate assessment can be made of the total amount to which group members will be entitled under the judgment.\n\n(4) If the Court has made an award of damages, the Court may give directions in relation to—\n\n(a) the manner in which a group member or sub-group member is to establish the member's entitlement to share in the damages; and\n\n(b) the manner in which any dispute regarding the entitlement of a group member or sub-group member to share in the damages is to be determined.\n\nS. 33ZA inserted by No. 78/2000 s. 13.\n\n\t33ZA Constitution etc. of fund\n\n(1) Without limiting the operation of section 33Z(2), in making provision for the distribution of money to group members, the Court may provide for—\n\n(a) the constitution and administration of a fund consisting of the money to be distributed; and\n\n(b) either—\n\n(i) the payment by the defendant of a fixed sum of money into the fund; or\n\n(ii) the payment by the defendant into the fund of such instalments, on such terms, as the Court directs to meet the claims of group members; and\n\n(c) entitlements to interest earned on the money in the fund.\n\n(2) The costs of administering a fund are to be borne by the fund or the defendant, or by both, as the Court directs.\n\n(3) If the Court orders the constitution of a fund mentioned in subsection (1), the order must—\n\n(a) require notice to be given to group members in such manner as is specified in the order; and\n\n(b) specify the manner in which a group member is to make a claim for payment out of the fund and establish the group member's entitlement to the payment; and\n\n(c) specify a day (which is 6 months or more after the day on which the order is made) on or before which the group members are to make a claim for payment out of the fund; and\n\n(d) make provision in relation to the day before which the fund is to be distributed to group members who have established an entitlement to be paid out of the fund.\n\n(4) The Court may, if it is just, allow a group member to make a claim after the day fixed under subsection (3)(c) if the fund has not already been fully distributed.\n\n(5) On application by the defendant after the day fixed under subsection (3)(d), the Court may make such orders as it thinks fit for the payment from the fund to the defendant of the money remaining in the fund.\n\nS. 33ZB inserted by No. 78/2000 s. 13.\n\n\t33ZB Effect of judgment\n\nA judgment given in a group proceeding—\n\n(a) must describe or otherwise identify the group members who will be affected by it; and\n\n(b) subject to section 33KA, binds all persons who are such group members at the time the judgment is given.\n\nDivision 5—Appeals\n\nS. 33ZC inserted by No. 78/2000 s. 13.\n\n\t33ZC Appeals\n\n(1) On an appeal by the plaintiff on behalf of group members and in respect of the judgment to the extent that it relates to questions common to the claims of group members, the parties to the appeal are the plaintiff, as the representative of the group members, and the defendant.\n\n(2) On an appeal by a sub-group representative party on behalf of sub-group members in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members, the parties to the appeal are the sub-group representative party, as the representative of the sub-group members, and the defendant.\n\n(3) On an appeal by the defendant in a group proceeding, other than an appeal referred to in subsection (4), the parties to the appeal are—\n\n(a) in the case of an appeal in respect of the judgment generally—the defendant and the plaintiff as the representative of the group members; and\n\n(b) in the case of an appeal in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members.\n\n(4) The parties to an appeal in respect of the determination of a question that relates only to a claim of an individual group member are that group member and the defendant.\n\n(5) If the plaintiff or the sub-group representative party does not commence an appeal within the time provided, another member of the group or sub-group may, within a further 21 days, commence an appeal as representing the group members or sub-group members, as the case may be.\n\n(6) If an appeal is brought from a judgment of the Trial Division in a group proceeding, the Court of Appeal may direct that notice of the appeal be given to such person or persons, and in such manner, as that court thinks fit.\n\n(7) Section 33J does not apply to an appeal.\n\n(8) The notice of appeal must describe or otherwise identify the group members or sub-group members, as the case may be, but need not specify the names or number of those members.\n\nDivision 6—Miscellaneous\n\nS. 33ZD inserted by No. 78/2000 s. 13, amended by No. 22/2020 s. 4 (ILA s. 39B(1)).\n\n\t33ZD Costs\n\n(1) In a group proceeding, the Court—\n\n(a) may order the plaintiff or the defendant to pay costs;\n\n(b) except as authorised by section 33Q or 33R, may not order a group member or a sub-group member to pay costs.\n\nS. 33ZD(2) inserted by No. 22/2020 s. 4.\n\n(2) Subsection (1)(b) is subject to any order made under section 33ZDA.\n\nS. 33ZDA inserted by No. 22/2020 s. 5.\n\n\t33ZDA Group costs orders\n\n(1) On application by the plaintiff in any group proceeding, the Court, if satisfied that it is appropriate or necessary to ensure that justice is done in the proceeding, may make an order—\n\n(a) that the legal costs payable to the law practice representing the plaintiff and group members be calculated as a percentage of the amount of any award or settlement that may be recovered in the proceeding, being the percentage set out in the order; and\n\n(b) that liability for payment of the legal costs must be shared among the plaintiff and all group members.\n\n(2) If a group costs order is made—\n\n(a) the law practice representing the plaintiff and group members is liable to pay any costs payable to the defendant in the proceeding; and\n\n(b) the law practice representing the plaintiff and group members must give any security for the costs of the defendant in the proceeding that the Court may order the plaintiff to give.\n\n(3) The Court, by order during the course of the proceeding, may amend a group costs order, including, but not limited to, amendment of any percentage ordered under subsection (1)(a).\n\n(4) This section has effect despite anything to the contrary in the Legal Profession Uniform Law (Victoria).\n\n(5) In this section—\n\n***group costs order*** means an order made under subsection (1);\n\n***legal costs*** has the same meaning as in the Legal Profession Uniform Law (Victoria).\n\nS. 33ZE inserted by No. 78/2000 s. 13.\n\n\t33ZE Suspension of limitation periods\n\n(1) Upon the commencement of a group proceeding, the running of any limitation period that applies to the claim of a group member to which the proceeding relates is suspended.\n\n(2) The limitation period does not begin to run again unless either the member opts out of the proceeding under section 33J or the proceeding, and any appeals arising from the proceeding, are determined without finally disposing of the group member's claim.\n\nS. 33ZF inserted by No. 78/2000 s. 13.\n\n\t33ZF General power of court to make orders\n\nIn any proceeding (including an appeal) conducted under this Part the Court may, of its own motion or on application by a party, make any order the Court thinks appropriate or necessary to ensure that justice is done in the proceeding.\n\nS. 33ZG inserted by No. 78/2000 s. 13.\n\n\t33ZG Order may specify a date by which group members must take a step\n\nWithout limiting the operation of section 33ZF, an order made under that section may—\n\n(a) set out a step that group members or a specified class of group members must take to be entitled to—\n\n(i) any relief under section 33Z; or\n\n(ii) any payment out of a fund constituted under section 33ZA; or\n\n(iii) obtain any other benefit arising out of the proceeding—\n\nirrespective of whether the Court has made a decision on liability or there has been an admission by the defendant on liability;\n\n(b) specify a date after which, if the step referred to in paragraph (a) has not been taken by a group member to whom the order applies, the group member is not entitled to any relief or payment or to obtain any other benefit referred to in that paragraph.\n\nS. 33ZH inserted by No. 78/2000 s. 13.\n\n\t33ZH Order in event of decision or admission on liability\n\n(1) Without limiting the operation of sections 33ZF and 33ZG, if the Court has made a decision on liability or there has been an admission by the defendant on liability, an order made under section 33ZF may require notice of that decision or admission to be given to group members or a specified class of group members.\n\n(2) Subject to subsection (3), the form and content of the notice must be approved by the Court.\n\n(3) If the Court has made an order of a kind referred to in section 33ZG, the notice must set out the effect of the order.\n\n(4) An order under section 33ZF may require that a notice referred to in this section be given by means of press advertisement, radio or television broadcast, or by any other means.\n\nS. 33ZJ inserted by No. 78/2000 s. 13.\n\n\t33ZJ Reimbursement of plaintiff's costs\n\n(1) If the Court has made an award of damages in a group proceeding, the plaintiff or a sub-group representative party, or a person who has been a plaintiff or such a party, may apply to the Court for an order under this section.\n\n(2) If, on an application under this section, the Court is satisfied that the costs reasonably incurred in relation to the group proceeding by the person making the application are likely to exceed the costs recoverable by the person from the defendant, the Court may order that an amount equal to the whole or a part of the excess be paid to that person out of the damages awarded.\n\nS. 33ZK inserted by No. 78/2000 s. 13, amended by No. 24/2008 s. 89(b).\n\n\t33ZK Transitional provisions\n\nA proceeding commenced under Rule 18A.03 of the Supreme Court (General Civil Procedure) Rules 1996 on or after 1 January 2000 and before the passing of the **Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000** must be taken for all purposes to have been commenced under this Part on the day on which it was commenced under that Rule.\n\n","sortOrder":97},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous rules of law","content":"Part 5—Miscellaneous rules of law\n\nDivision 1—General\n\nSs 34, 35 repealed by No. 78/2000 s. 14.\n\nNo. 6387 s. 62(1).\n\n","sortOrder":98},{"sectionNumber":"36","sectionType":"section","heading":"Declaratory judgments","content":"\t36 Declaratory judgments\n\nA proceeding is not open to objection on the ground that a merely declaratory judgment is sought, and the Court may make binding declarations of right without granting consequential relief.\n\nNo. 6387 s. 62(2).\n\n","sortOrder":99},{"sectionNumber":"37","sectionType":"section","heading":"Injunctions and receivers","content":"\t37 Injunctions and receivers\n\n(1) The Court may by order, whether interlocutory or final, grant an injunction or appoint a receiver if it is just and convenient to do so.\n\n(2) An order made under subsection (1) may be made either unconditionally or on such terms and conditions as the Court thinks just.\n\n(3) The Court may grant an interlocutory injunction under subsection (1) restraining a party to a proceeding from removing from Victoria or otherwise dealing with assets located within Victoria, whether or not that party is domiciled, resident or present within Victoria.\n\nNo. 6387 s. 62(3).\n\n","sortOrder":100},{"sectionNumber":"38","sectionType":"section","heading":"Damages in addition to or in place of other remedies","content":"\t38 Damages in addition to or in place of other remedies\n\nIf the Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.\n\nNo. 6387 s. 62(1A).\n\n","sortOrder":101},{"sectionNumber":"39","sectionType":"section","heading":"Foreign law","content":"\t39 Foreign law\n\nIf on a trial with a jury it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law must, instead of being submitted to the jury, be decided by the judge alone.\n\nNo. 6387 s. 63A.\n\n","sortOrder":102},{"sectionNumber":"40","sectionType":"section","heading":"Crown payments to be subject to attachment","content":"\t40 Crown payments to be subject to attachment\n\nDespite any Act or rule of law to the contrary, a court may make an attachment order in respect of earnings due to be paid by the Crown or a statutory authority representing the Crown.\n\nNo. 6387 s. 63B.\n\n","sortOrder":103},{"sectionNumber":"41","sectionType":"section","heading":"Failure to prosecute not a bar to civil remedy","content":"\t41 Failure to prosecute not a bar to civil remedy\n\nWithout limiting the generality of section 322B of the **Crimes Act 1958**, a civil remedy for an act or omission is not suspended because the act or omission amounts to an offence for which the offender has not been prosecuted.\n\nNo. 6387 s. 63C.\n\n","sortOrder":104},{"sectionNumber":"42","sectionType":"section","heading":"Property available to satisfy judgment debt","content":"\t42 Property available to satisfy judgment debt\n\nS. 42(1) amended by No. 84/1997  \ns. 53.\n\n(1) Despite any Act, subordinate instrument or rule of law to the contrary, any property of a judgment debtor which if the judgment debtor were a bankrupt under the Commonwealth Bankruptcy Act 1966 would not under section 116(2)(b), (c) and (ca) of that Act be property divisible amongst the creditors of the judgment debtor must not be seized or taken under any process issued for the enforcement or execution of a judgment for the recovery or payment of money.\n\n(2) For the purposes of subsection (1)—\n\n  (a) ***the Commonwealth Bankruptcy Act 1966*** means the Commonwealth Act known as the Bankruptcy Act 1966 as amended and in force for the time being and, if the provisions of that Act are re-enacted, means those provisions as re-enacted and as subsequently amended and in force for the time being; and\n\nS. 42(2)(b) amended by No. 84/1997  \ns. 53.\n\n(b) section 116(2)(b), (c) and (ca) of that Act or any corresponding later provision is to be construed as if it did not contain any reference to a determination by the creditors by resolution or by the Court in relation to other property of the bankrupt.\n\nNo. 6387 s. 80.\n\nS. 43 (Heading) inserted by No. 17/2005 s. 7(1).\n\n","sortOrder":105},{"sectionNumber":"43","sectionType":"section","heading":"Standard time in Victoria","content":"\t43 Standard time in Victoria\n\nS. 43(1) substituted by No. 17/2005 s. 7(2).\n\n(1) Standard time throughout Victoria is the time that is 10 hours in advance of Co-ordinated Universal Time.\n\nUnder section 8AA of the National Measurement Act 1960 of the Commonwealth the Chief Metrologist is required to maintain Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.\n\n(2) If—\n\n(a) an expression of time occurs in an instrument; or\n\n(b) the doing or not doing of anything at a certain time has an effect in law—\n\nthe time is standard time as provided in subsection (1) unless it is otherwise specifically stated.\n\nNo. 6387 s. 63.\n\n","sortOrder":106},{"sectionNumber":"44","sectionType":"section","heading":"Meaning of *month* in documents","content":"\t44 Meaning of *month* in documents\n\nIn any document, unless the contrary intention appears, a reference to a month is to be construed as a reference to a calendar month.\n\nDivision 2—Vessels\n\nNo. 6387 s. 64.\n\n","sortOrder":107},{"sectionNumber":"45","sectionType":"section","heading":"Rule as to division of liability for damage or loss","content":"\t45 Rule as to division of liability for damage or loss\n\n(1) If, owing to the fault of two or more vessels, damage or loss is caused to—\n\n(a) one or more vessels; or\n\n(b) their cargoes or freight; or\n\n(c) any property on board them—\n\nthe liability to make good the damage or loss is, subject to subsection (2), in proportion to the degree to which each vessel was at fault.\n\n(2) The liability must be apportioned equally if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault.\n\n(3) Nothing in this section—\n\n(a) makes a vessel liable for any loss or damage not contributed to by the fault of the vessel; or\n\n(b) affects the liability of any person under a contract of carriage or any other contract; or\n\n(c) imposes any liability on a person from which that person is exempted by any contract or law; or\n\n(d) affects the right of any person to limit that person's liability in any lawful manner.\n\n(4) For the purposes of this section—\n\n  (a) ***freight*** includes passage money and hire; and\n\n(b) references to damage or loss caused by the fault of a vessel are to be construed as including reference to any salvage or other expenses that are consequent on that fault and recoverable at law by way of damages.\n\nNo. 6387 s. 65.\n\n","sortOrder":108},{"sectionNumber":"46","sectionType":"section","heading":"Liability for loss of life or personal injuries","content":"\t46 Liability for loss of life or personal injuries\n\n(1) If, owing to the fault of two or more vessels, a person on board one of those vessels suffers loss of life or personal injuries, the owners of the vessels are jointly and individually liable.\n\n(2) Nothing in this section—\n\n(a) deprives any person of a right of defence on which, apart from this section, that person might have relied; or\n\n(b) affects the right of any person to limit that person's liability in any lawful manner.\n\nNo. 6387 s. 66.\n\n","sortOrder":109},{"sectionNumber":"47","sectionType":"section","heading":"Right of contribution","content":"\t47 Right of contribution\n\n(a) owing to the fault of two or more vessels, a person on board one of those vessels suffers loss of life or personal injuries; and\n\n(b) a proportion of the damages is recovered from the owner of one of those vessels which exceeds the proportion in which that vessel was at fault—\n\nthat owner may, subject to subsection (2), recover by way of contribution the amount of the excess from the owners of the other vessels in proportion to the degree to which each vessel was at fault.\n\n(2) An amount cannot be recovered by way of contribution if it could not have been recovered in the first instance as damages by the person entitled to sue for them because of—\n\n(a) any limitation of liability, whether statutory or contractual; or\n\n(b) any exemption from liability; or\n\n(c) any other reason.\n\n(3) Subject to this Act, for the purpose of recovering any amount by way of contribution under subsection (1) the person entitled to make that recovery has the same rights and powers as the person entitled to sue for damages in the first instance.\n\nDivision 3—Fires\n\nNo. 6387 s. 68.\n\n","sortOrder":110},{"sectionNumber":"48","sectionType":"section","heading":"Proceeding does not lie against person on whose land fire accidentally begins","content":"\t48 Proceeding does not lie against person on whose land fire accidentally begins\n\n(1) Despite anything to the contrary, a proceeding cannot be brought or maintained against any person in whose building or on whose land a fire accidentally begins and that person is not liable to make any recompense for any damage caused by that fire.\n\n(2) Nothing in this section defeats or makes void a contract or agreement between a landlord and a tenant.\n\nDivision 4—Contracts of minors\n\nNo. 6387 s. 69.\n\n","sortOrder":111},{"sectionNumber":"49","sectionType":"section","heading":"Certain contracts by minors to be void","content":"\t49 Certain contracts by minors to be void\n\nThe following contracts entered into by a minor are void—\n\n(a) contracts for the repayment of money lent or to be lent;\n\n(b) contracts for payment for goods supplied or to be supplied, other than necessaries;\n\n(c) accounts stated.\n\nNo. 6387 s. 70.\n\n","sortOrder":112},{"sectionNumber":"50","sectionType":"section","heading":"No proceeding to be brought on ratification of minor's contract","content":"\t50 No proceeding to be brought on ratification of minor's contract\n\n(1) No proceeding can be brought to charge a person—\n\n(a) on a promise made after full age to pay a debt contracted during minority; or\n\n(b) on a ratification made after full age of a promise or contract made during minority.\n\n(2) This section applies whether or not there was any new consideration for the promise or ratification.\n\nNo. 6387 s. 71.\n\n","sortOrder":113},{"sectionNumber":"51","sectionType":"section","heading":"Avoiding contract for payment of loan advanced during minority","content":"\t51 Avoiding contract for payment of loan advanced during minority\n\n(1) If a minor who has contracted a loan (a contract for the repayment of which is void under this Division) agrees after full age to repay all or part of that loan, that agreement and any instrument relating to it is, subject to subsections (2) and (3), void against everyone.\n\n(2) A person who—\n\n(a) in good faith; and\n\n(b) for value; and\n\n(c) without notice—\n\nis the holder or assignee of an instrument referred to in subsection (1) may recover from the minor the amount secured by the instrument.\n\n(3) If a person referred to in subsection (2) recovers from the minor the amount secured by the instrument, the minor may recover that amount from the person to whom the minor gave the instrument.\n\n(4) For the purposes of this section any interest, commission or other payment in respect of a loan is to be taken to be a part of the loan.\n\nPt 5 Div. 4A (Heading and s. 51A) inserted by No. 15/1998  \ns. 11.\n\n","sortOrder":114},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Administration of children's funds","content":"Division 4A—Administration of children's funds\n\nS. 51A inserted by No. 15/1998  \ns. 11.\n\n","sortOrder":115},{"sectionNumber":"51A","sectionType":"section","heading":"Court orders relating to administration of children's funds","content":"\t51A 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. 51A(5) amended by No. 30/2004 s. 12(1)(2), substituted by No. 13/2019 s. 221(Sch. 1 item 52.1).\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. 51A(6) amended by No. 30/2004 s. 12(1), substituted by No. 13/2019 s. 221(Sch. 1 item 52.1).\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\nDivision 5—Sureties, co-contractors and co-debtors\n\nNo. 6387 s. 72.\n\n","sortOrder":116},{"sectionNumber":"52","sectionType":"section","heading":"Surety discharging liability to be entitled to securities","content":"\t52 Surety discharging liability to be entitled to securities\n\n(1) A person who is—\n\n(a) surety for the debt or duty of another; or\n\n(b) liable with another for a debt or duty—\n\nand who pays that debt or performs that duty, is entitled to have assigned to that person or to a trustee for that person every judgment specialty or other security held by the creditor in respect of that debt or duty.\n\n(2) Subsection (1) applies whether or not the judgment specialty or other security is taken at law to have been satisfied by the payment of the debt or the performance of the duty.\n\n(3) A person who pays a debt or performs a duty as referred to in subsection (1) is entitled—\n\n(a) to stand in the place of the creditor; and\n\n(b) to use all the remedies of the creditor; and\n\n(c) if necessary and on a proper indemnity, to use the name of the creditor—\n\nin any proceeding to obtain from the principal debtor or any co-surety, co-contractor or co-debtor (as the case requires) indemnity for the advances made and loss sustained by the person who paid the debt or performed the duty.\n\n(4) The payment of the debt or the performance of the duty by a surety is not a defence to any proceeding referred to in subsection (3).\n\n(5) A co-surety, co-contractor or co-debtor is not entitled to recover from another co-surety, co‑contractor or co-debtor more than the proportion to which, as between those parties themselves, that person is justly liable.\n\nDivision 6—Apportionment\n\nNo. 6387 s. 76.\n\n","sortOrder":117},{"sectionNumber":"53","sectionType":"section","heading":"Definitions","content":"\t53 Definitions\n\n(1) In this Division—\n\n***annuities*** includes salaries and pensions;\n\n***dividends*** includes all payments that are made by the name of dividend bonus or otherwise out of the revenue of trading or other public companies and are divisible between all or any of the members of those companies, whether the payments are usually made or declared at a fixed time or otherwise but does not include payments in the nature of a return or reimbursement of capital;\n\n***rents*** includes rent service, rent charge and rent seck and all periodical payments or renderings in place of or in the nature of rent.\n\n(2) For the purposes of this Division the divisible revenue referred to in the definition of ***dividends*** is to be taken to have accrued by equal daily increment during and within the period for or in respect of which the payment of the revenue is declared or expressed to be made.\n\n(3) Nothing in this Division renders apportionable any annual sums made payable in any policies of assurance.\n\n(4) This Division does not extend to any case in which it is expressly stipulated that no apportionment is to take place.\n\nNo. 6387 s. 73.\n\n","sortOrder":118},{"sectionNumber":"54","sectionType":"section","heading":"Rents etc. to accrue from day to day and be apportionable","content":"\t54 Rents etc. to accrue from day to day and be apportionable\n\nAll rents, annuities, dividends and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) are to be considered as accruing from day to day and are apportionable in respect of time accordingly.\n\nNo. 6387 s. 74.\n\n","sortOrder":119},{"sectionNumber":"55","sectionType":"section","heading":"Time when apportioned part is to be payable","content":"\t55 Time when apportioned part is to be payable\n\nThe apportioned part of any payment referred to in section 54 is payable or recoverable—\n\n(a) in the case of a continuing payment, when the entire portion of which the apportioned part forms part becomes due and payable; and\n\n(b) in the case of a payment determined by re-entry, death or otherwise, when the next entire portion of the payment would have been payable if it had not been so determined.\n\nNo. 6387 s. 75.\n\n","sortOrder":120},{"sectionNumber":"56","sectionType":"section","heading":"Recovery of apportioned parts","content":"\t56 Recovery of apportioned parts\n\n(1) In this section—\n\n***person*** includes the executor, administrator or assignee of a person and the executor, administrator or assignee of a person whose interest determines with that person's death;\n\n***landlord*** means the person who, if the rent for any land had not been apportionable, would have been entitled to the entire or continuing rent for that land.\n\n(2) Subject to subsection (3), the person entitled to the apportioned part of a payment referred to in section 54 may recover that part, when payable, in the same way as that person could recover the entire payment if entitled to it.\n\n(3) The apportioned part of a payment of rent for any land is not by itself recoverable from the person liable to pay the rent but may be recovered from that person by the landlord together with the remaining part of the payment and, if the landlord does so, the person entitled to that apportioned part may then recover it from the landlord.\n\n","sortOrder":121},{"sectionNumber":"Div 7","sectionType":"division","heading":"Interest","content":"Division 7—Interest\n\nNo. 6387 s. 77.\n\n","sortOrder":122},{"sectionNumber":"57","sectionType":"section","heading":"Any interest may be contracted to be paid","content":"\t57 Any interest may be contracted to be paid\n\nS. 57(1) amended by Nos 41/1995 s. 62(Sch. 1 item 8), 11/2010 s. 58.\n\n(1) Subject to the **Consumer Credit (Victoria) Act 1995** and the National Credit Code within the meaning of the National Consumer Credit Protection Act 2009 of the Commonwealth, there is no limit to the interest which a person may lawfully contract to pay.\n\n(2) If interest for the loan of money or on any other contract may be lawfully recovered or allowed in any proceeding in any court but the rate of interest has not been previously agreed between the parties, the party entitled to interest may not recover or be allowed in the proceeding interest above the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983**.\n\nNo. 6387 s. 78.\n\n","sortOrder":123},{"sectionNumber":"58","sectionType":"section","heading":"Interest to be allowed when debts or sums certain recovered","content":"\t58 Interest to be allowed when debts or sums certain recovered\n\n(1) If in a proceeding a debt or sum certain is recovered, the Court must on application, unless good cause is shown to the contrary, allow interest to the creditor on the debt or sum at a rate not exceeding the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** or, in respect of any bill of exchange or promissory note, at 2% per annum more than that rate from the time when the debt or sum was payable (if payable by virtue of some written instrument and at a date or time certain) or, if payable otherwise, then from the time when demand of payment was made.\n\n(2) Subsection (1) does not authorise the computation of interest on any bill of exchange or promissory note at a higher rate than the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** if there has been no defence pleaded.\n\n(3) A debt or sum payable or a date or time is to be taken to be certain if it has become certain.\n\nNo. 6387 s. 79.\n\n","sortOrder":124},{"sectionNumber":"59","sectionType":"section","heading":"Damages in nature of interest","content":"\t59 Damages in nature of interest\n\n(1) The Court, on application in all proceedings for trover or trespass concerning goods, must, unless good cause is shown to the contrary, give damages in the nature of interest over and above the value of the goods at the time of the conversion.\n\n(2) The Court, on application in all proceedings on any policies of insurance, must, unless good cause is shown to the contrary, give damages in the nature of interest over and above the money receivable.\n\nNo. 6387 s. 79A.\n\n","sortOrder":125},{"sectionNumber":"60","sectionType":"section","heading":"Interest in proceedings for debt or damages","content":"\t60 Interest in proceedings for debt or damages\n\n(1) The Court, on application in any proceeding for the recovery of debt or damages, must, unless good cause is shown to the contrary, give damages in the nature of interest at such rate not exceeding the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** as it thinks fit from the commencement of the proceeding to the date of the judgment over and above the debt or damages awarded.\n\n(2) Nothing in this section—\n\n(a) authorises the granting of interest on interest;\n\n(b) applies in relation to any sum on which interest is recoverable as of right by virtue of any agreement or otherwise;\n\n(c) affects the damages recoverable for the dishonour of a negotiable instrument;\n\n(d) authorises the allowance of any interest otherwise than by consent on any sum for which judgment is entered or given by consent;\n\n(e) applies in relation to any sum on which interest might be awarded by virtue of section 58 or 59; or\n\n(f) limits the operation of any enactment or rule of law which, apart from this section, provides for the award of interest.\n\n(3) If the damages awarded by the Court or jury include or if the Court in its absolute discretion determines that the damages awarded include any amount for—\n\n(a) compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest;\n\n(b) compensation for loss or damage to be incurred or suffered after the date of the award; or\n\n(c) exemplary or punitive damages—\n\nthe Court must not allow interest in respect of any amount so included or in respect of so much of the award as in its opinion represents any such damages.\n\n(4) The Court may request a jury to specify in its verdict any amount included in the verdict in respect of the matters referred to in subsection (3).\n\nPt 5 Div. 8 (Heading and ss 61–66) amended by No. 35/1989 s. 23(1), repealed by No. 35/1996 s. 453(Sch. 1 item 80.3), new Pt 5 Div. 8 (Heading and s. 61) inserted by No. 62/1999 s. 12.\n\n","sortOrder":126},{"sectionNumber":"Div 8","sectionType":"division","heading":"Contempt of court","content":"Division 8—Contempt of court\n\nS. 61 inserted by No. 62/1999 s. 12.\n\n","sortOrder":127},{"sectionNumber":"61","sectionType":"section","heading":"Restoration of common law relating to contempt of court","content":"\t61 Restoration of common law relating to contempt of court\n\n(1) The law relating to the right of any person to apply to a court for punishment of a person for a contempt of court is as if section 46 of the **Public Prosecutions Act 1994** had not been enacted and the common law has effect accordingly.\n\n(2) This section has effect—\n\n(a) subject to section 52(2) of the **Public Prosecutions Act 1994**, whether the alleged contempt occurred before or after the commencement of section 12 of the **Public Prosecutions (Amendment) Act 1999**; and\n\n(b) despite anything to the contrary in the **Interpretation of Legislation Act 1984**.\n\nPt 5 Div. 9 (Heading and s. 67)  \nrepealed by No. 35/1996 s. 453(Sch. 1 item 80.3).\n\n","sortOrder":128},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous powers","content":"Part 6—Miscellaneous powers\n\nPt 6 Div. 1 (Heading and ss 68, 69) repealed by No. 35/1996 s. 453(Sch. 1 item 80.4), new Pt 6 Div. 1 (Heading and s. 62) inserted by No. 11/2021 s. 52.\n\nDivision 1—Determinations without oral hearing\n\n","sortOrder":129},{"sectionNumber":"62","sectionType":"section","heading":"Court may determine matter or proceeding without oral hearing","content":"\t62 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\nThis power does not apply to criminal proceedings—see the definition of ***proceeding***  in section 3(1). Section 337A of the **Criminal Procedure Act 2009** provides similarly for criminal proceedings. See also section 201 of that Act.\n\n(2) 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(3) Nothing in this section affects any other power of the Court to determine a matter or a proceeding without an oral hearing.\n\nPt 6 Div. 2 (Heading) amended by No. 35/1996 s. 453(Sch. 1 item 80.5)\n\nDivision 2—Delivery of documents\n\nSs 70–75 repealed by No. 35/1996 s. 453(Sch. 1 item 80.6).\n\nNo. 6387 s. 95.\n\nS. 76 amended by Nos 35/1996 s. 453(Sch. 1 item 80.7), 18/2005 s. 18(Sch. 1 item 103.3).\n\n","sortOrder":130},{"sectionNumber":"76","sectionType":"section","heading":"Power of Court to order legal practitioner or law practice to deliver bill of costs etc.","content":"\t76 Power of Court to order legal practitioner or law practice to deliver bill of costs etc.\n\nThe jurisdiction of the Court to make orders for the delivery by a legal practitioner or law practice of a bill of costs or for the delivery up of any documents in the possession, custody or power of a legal practitioner or law practice or to make any other order in relation to any such documents extends to cases in which the business or part of the business has not been transacted in the Court.\n\nPt 6 Div. 3 (Heading) amended by No. 35/1996  \ns. 453(Sch. 1 item 80.8).\n\nDivision 3—Assistance of assessors and legal practitioners\n\nNo. 6387 s. 110.\n\n","sortOrder":131},{"sectionNumber":"77","sectionType":"section","heading":"Assessors","content":"\t77 Assessors\n\n(1) The Court may in any 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\nNo. 6387 ss 111, 113.\n\n","sortOrder":132},{"sectionNumber":"78","sectionType":"section","heading":"Opinion of a legal practitioner","content":"\t78 Opinion of a legal practitioner\n\nS. 78(1) amended by No. 35/1996 s. 453(Sch. 1 item 80.9(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 a 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. 78(2) amended by No. 35/1996 s. 453(Sch. 1 item 80.9(b)).\n\n(2) The Court may determine the fee of the legal practitioner and how it shall be borne and paid.\n\nDivision 4—Proceeding for recovery of land\n\nNo. 6387 ss 114, 116.\n\n","sortOrder":133},{"sectionNumber":"79","sectionType":"section","heading":"Proceeding by landlord if rent is in arrears","content":"\t79 Proceeding by landlord if rent is in arrears\n\nS. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1).\n\n(a) 6 months' rent is in arrears; and\n\n(b) the landlord has the right by law to re-enter for its non-payment—\n\nthe landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land.\n\n(2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and re-entry.\n\n(3) If the Court is satisfied—\n\nS. 79(3)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1).\n\n(a) that 6 months' rent was in arrears before the proceeding was commenced; and\n\n(b) that the landlord had power to re-enter—\n\nit may give judgment for the landlord.\n\n(4) Unless the tenant within 6 months after the enforcement of the judgment pays the rent and arrears together with full costs and proceeds for relief on equitable grounds, then—\n\n(a) the tenant loses all rights to obtain relief or remedy other than by appeal; and\n\n(b) the landlord holds the land freed from the lease.\n\n(5) If the tenant at any time before the hearing—\n\nS. 79(5)(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10).\n\n(a) pays or tenders to the landlord or to the executor, administrator or legal practitioner of the landlord; or\n\n(b) pays into court—\n\nthe rent and arrears together with full costs, the proceeding under this section ceases.\n\n(6) Nothing in this section bars the right of a mortgagee of the lease or a part of the lease who is not in possession to pay, within 6 months after the enforcement of the judgment, all rent in arrears and all costs and damages sustained by the landlord and perform all the covenants and agreements which are to be performed by the tenant.\n\nNo. 6387 ss 115, 116.\n\n","sortOrder":134},{"sectionNumber":"80","sectionType":"section","heading":"Lessee not to have relief without payment of rent and costs","content":"\t80 Lessee not to have relief without payment of rent and costs\n\n(1) A tenant may proceed for relief in the Court within the time specified in section 79(4).\n\n(2) The Court may grant the tenant relief under this section if, within the time fixed by the Court, the tenant brings into the Court—\n\n(a) the rent and arrears and other sums payable under the judgment; and\n\n(b) the taxed costs of the proceeding under section 79.\n\n(3) The Court may—\n\n(a) determine the amount referred to in subsection (2)(a) if the parties cannot agree on its amount;\n\n(b) order that any money brought into the Court under subsection (2)—\n\n(i) remain in the Court until the hearing of the proceeding; or\n\n(ii) be paid to the landlord on good security.\n\n(4) If a proceeding for relief is brought after the enforcement of the judgment, the landlord is accountable only for so much as the landlord really and in good faith (without fraud, deceit or wilful neglect) received in respect of the land from the time of entering into actual possession of it.\n\n(5) If the amount received by the landlord is less than the rent reserved on the lease, the tenant must, before being restored to possession, pay to the landlord the amount of the shortfall for the period the landlord was in possession.\n\n(6) A tenant who is granted relief under this section holds the land under the terms of the lease without the need for a new lease.\n\n(7) In subsection (6) ***tenant*** includes the executor, administrator or assignee of a tenant.\n\nNo. 6387 s. 117.\n\n","sortOrder":135},{"sectionNumber":"81","sectionType":"section","heading":"Proceeding by landlord against tenant holding over after end of tenancy","content":"\t81 Proceeding by landlord against tenant holding over after end of tenancy\n\n(a) the term or interest of a tenant holding land under a lease or written agreement for a term or number of years certain or from year to year has ended or been determined by a notice to quit; and\n\n(b) a lawful demand in writing for possession of the land has been made and signed by the landlord or the landlord's agent and served personally on the tenant or left at the tenant's usual place of residence; and\n\n(c) the tenant refuses to deliver up possession of the land; and\n\n(d) the landlord commences a proceeding for the recovery of the land—\n\nthe landlord must, if the landlord intends to apply for security under subsection (2), serve notice of that intention on the tenant.\n\n(2) If—\n\n(a) an appearance is filed for the tenant; and\n\n(b) an affidavit of service of the writ and notice referred to in subsection (1) is filed; and\n\n(c) the landlord produces the lease or agreement or a counterpart or duplicate of it; and\n\n(d) it is proved on affidavit that—\n\n(i) the lease or agreement was executed; and\n\n(ii) the tenant has been in possession of the land under the lease or agreement; and\n\n(iii) the interest of the tenant has ended or been determined by a notice to quit; and\n\n(iv) possession has been lawfully demanded in the manner described in subsection (1)(b)—\n\nthe landlord may apply to the Court for an order that the tenant show cause, within a time fixed by the Court, why the tenant should not enter into a bond with two sufficient sureties in a reasonable sum conditioned to pay the costs and damages which are recovered by the landlord.\n\n(3) The Court may make the order applied for either wholly or partly.\n\n(4) If—\n\n(a) an order is made under subsection (3) and the tenant does not comply with it and does not raise any ground to induce the Court to enlarge the time for compliance with it; and\n\n(b) the landlord proves on affidavit that the order was made and served and not complied with—\n\nthe landlord is entitled to judgment for the recovery of the land and costs.\n\nNo. 6387 s. 118.\n\n","sortOrder":136},{"sectionNumber":"82","sectionType":"section","heading":"Provisions concerning securities","content":"\t82 Provisions concerning securities\n\n(1) A security under section 81 must be taken in the manner and before the officer that the Court directs.\n\n(2) A proceeding must not be commenced on a security if more than 6 months has passed since possession of the whole or part of the land was delivered to the landlord.\n\nNo. 6387 s. 120.\n\n","sortOrder":137},{"sectionNumber":"83","sectionType":"section","heading":"Saving of former remedies","content":"\t83 Saving of former remedies\n\nThis Division does not affect the right of a landlord to bring any other proceeding or seek any other remedy.\n\nNo. 6387 ss 121, 122.\n\n","sortOrder":138},{"sectionNumber":"84","sectionType":"section","heading":"Proceeding for recovery of land by mortgagee","content":"\t84 Proceeding for recovery of land by mortgagee\n\n(a) a proceeding is brought by a mortgagee or the heir, executor, administrator or assignee of a mortgagee for the recovery of any mortgaged land; and\n\n(b) a proceeding is not then depending for or touching the foreclosing or redeeming of that land—\n\nthen if the person who has the right to redeem that mortgaged land and who appears and becomes defendant in the proceeding at any time pending the proceeding pays to the mortgagee or, if the mortgagee refuses, brings into the Court, all the principal money and interest due on the mortgage and all costs expended in the proceeding on the mortgage, the amount so paid to the mortgagee or brought into the Court is to be taken to be in full satisfaction and discharge of the mortgage.\n\n(2) The amount to be paid to the mortgagee or brought into the Court is to be determined by the Court.\n\n(3) On the amount being paid to the mortgagee or brought into the Court, the Court must—\n\n(a) discharge the mortgagor of and from the mortgage; and\n\nS. 84(3)(b) amended by No. 51/2000 s. 11(b)(i)(ii).\n\n(b) by order compel the mortgagee, at the expense of the mortgagor, to assign or reconvey the mortgaged land or the mortgagee's estate and interest in it and deliver up all documents in the mortgagee's custody relating to the title to it to the mortgagor who paid the amount or brought it into the Court or to the heir, executor, administrator or assignee of that mortgagor or to another person nominated by that mortgagor or the heir, executor, administrator or assignee of that mortgagor.\n\n(4) Nothing in this section—\n\nS. 84(4)(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10).\n\n(a) applies if the person against whom the redemption is sought insists, by writing signed by that person or by that person's legal practitioner or agent and delivered to the legal practitioner or agent for the other side before the amount is brought into the Court—\n\n(i) that the party seeking the redemption does not have the right to redeem; or\n\n(ii) that the land is chargeable with other or different principal sums than what appear on the face of the mortgage or are admitted by the other side; or\n\n(b) applies if the right of redemption is controverted or questioned by or between different defendants in the same proceeding; or\n\n(c) prejudices any subsequent mortgage or encumbrance.\n\nDivision 5—Relief from forfeiture\n\nNo. 6387 s. 123.\n\n","sortOrder":139},{"sectionNumber":"85","sectionType":"section","heading":"Relief against forfeiture for non-payment of rent","content":"\t85 Relief against forfeiture for non-payment of rent\n\n(1) In any proceeding for forfeiture for non-payment of rent, the Court may grant relief against forfeiture in a summary manner and may do so subject to such terms and conditions as it considers just.\n\n(2) If a lessee is granted relief under this section, the lessee holds the land in accordance with the terms of the lease without the need for a new lease.\n\n(3) In subsection (2) ***lessee*** includes the executor, administrator or assignee of a lessee.\n\nDivision 6—Arrest in pending proceedings\n\nNo. 6387 s. 127.\n\n","sortOrder":140},{"sectionNumber":"86","sectionType":"section","heading":"Arrest on mesne process abolished","content":"\t86 Arrest on mesne process abolished\n\nSubject to this Division, a person must not be arrested on mesne process in any proceeding.\n\nNo. 6387 s. 128.\n\n","sortOrder":141},{"sectionNumber":"87","sectionType":"section","heading":"Court may order arrest","content":"\t87 Court may order arrest\n\nIf a plaintiff in a proceeding in which a defendant would (prior to 3 October 1839) have been liable to arrest, shows to the satisfaction of the Court by affidavit (whether of the plaintiff or of some other person)—\n\n(a) that the plaintiff has a cause of action against the defendant to the amount of $50 000 or more or has sustained damage to that amount; and\n\n(b) that there is probable cause for believing that the defendant is about to remove out of Victoria or is making preparations to remove out of Victoria; and\n\n(c) that the proceeding will be defeated unless the defendant is forthwith apprehended—\n\nthe Court may order that the defendant be arrested and imprisoned until further order of the Court or until security is given by the defendant.\n\nNo. 6387 s. 136.\n\n","sortOrder":142},{"sectionNumber":"88","sectionType":"section","heading":"Security to be given by defendant","content":"\t88 Security to be given by defendant\n\n(1) The security to be given by a defendant may be—\n\n(a) a deposit in court of the amount mentioned in the order (not exceeding the amount claimed in the proceeding); or\n\n(b) a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two) that if judgment is entered for the plaintiff for the sum named in the bond or any lesser sum the sum for which judgment is so entered shall forthwith be paid to the plaintiff; or\n\n(c) with the plaintiff's consent, any other form of security.\n\n(2) The plaintiff may, within four days after receiving particulars of the names and addresses of the proposed sureties, apply to the Court to have the sufficiency of the security determined.\n\n(3) Unless the plaintiff applies under subsection (2) within the time stated in that subsection, the security is to be taken to be sufficient.\n\nNo. 6387 s. 137.\n\n","sortOrder":143},{"sectionNumber":"89","sectionType":"section","heading":"Control of the Court","content":"\t89 Control of the Court\n\nThe money deposited, the security and all proceedings concerning the security are subject to the order and control of the Court.\n\nNo. 6387 ss 129, 130.\n\n","sortOrder":144},{"sectionNumber":"90","sectionType":"section","heading":"Making of order to arrest","content":"\t90 Making of order to arrest\n\n(1) An order to arrest may be made, and the defendant arrested under it, at any time after the commencement of the proceeding and before final judgment has been obtained.\n\n(2) An order to arrest is to be made on affidavit and without notice to any person.\n\n(3) A defendant who, having been arrested under the order, is in custody and has not previously been served with a copy of the originating process, may be lawfully served with it.\n\nNo. 6387 s. 130.\n\n","sortOrder":145},{"sectionNumber":"91","sectionType":"section","heading":"Defendant may apply for relief","content":"\t91 Defendant may apply for relief\n\nThe defendant may apply to the Court at any time—\n\n(a) to rescind the order to arrest; or\n\n(b) to vary the order to arrest; or\n\n(c) to be discharged from custody; or\n\n(d) for such other relief as is just.\n\nNo. 6387 s. 131.\n\nS. 92 amended by No. 35/1996 s. 453(Sch. 1 item 80.10).\n\n","sortOrder":146},{"sectionNumber":"92","sectionType":"section","heading":"Endorsement on order","content":"\t92 Endorsement on order\n\nAn order to arrest must before delivery to the sheriff be endorsed with the address for service of the plaintiff and of the plaintiff's legal practitioner (if any) as required by the Rules in relation to originating process.\n\nNo. 6387 s. 132.\n\n","sortOrder":147},{"sectionNumber":"93","sectionType":"section","heading":"Restrictions on execution of order","content":"\t93 Restrictions on execution of order\n\nThe sheriff, a deputy sheriff or any other officer having the execution of an order to arrest must not arrest a defendant on an order taken out by a plaintiff in person unless at or before the time of making the arrest—\n\nS. 93(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10).\n\n(a) the order is delivered to the sheriff, deputy sheriff or other officer by a legal practitioner or the clerk of a legal practitioner or an agent authorised in writing by a legal practitioner; and\n\nS. 93(b) amended by No. 35/1996 s. 453(Sch. 1 item 80.10).\n\n(b) the order is endorsed, in the presence of the sheriff, deputy sheriff or other officer, with the name and place of residence of the legal practitioner by the legal practitioner, clerk or agent delivering it.\n\nNo. 6387 s. 133.\n\n","sortOrder":148},{"sectionNumber":"94","sectionType":"section","heading":"Execution on a Sunday","content":"\t94 Execution on a Sunday\n\nAn order to arrest may be made or executed on a Sunday.\n\nNo. 6387 s. 134.\n\n","sortOrder":149},{"sectionNumber":"95","sectionType":"section","heading":"Privilege from arrest","content":"\t95 Privilege from arrest\n\nA person is not subject to arrest under an order to arrest if that person is, by reason of any privilege, usage or otherwise, by law exempt from arrest.\n\nNo. 6387 s. 135.\n\n","sortOrder":150},{"sectionNumber":"96","sectionType":"section","heading":"Misdescription of defendant","content":"\t96 Misdescription of defendant\n\nIf the defendant is described in the originating process or an order to arrest by—\n\n(a) initials; or\n\n(b) a wrong name; or\n\n(c) a name other than the defendant's full name—\n\nthe defendant must not, for that reason, be discharged out of custody if it appears to the Court that due diligence has been used to obtain knowledge of the defendant's proper name.\n\nNo. 6387 s. 138.\n\n","sortOrder":151},{"sectionNumber":"97","sectionType":"section","heading":"Costs","content":"\t97 Costs\n\n(1) Unless otherwise ordered, the costs of and incidental to an order to arrest are costs in the proceeding.\n\n(2) In all proceedings under this Division the Court may make such order as to costs as it thinks fit.\n\nNo. 6387 s. 139.\n\n","sortOrder":152},{"sectionNumber":"98","sectionType":"section","heading":"Discharge of defendant","content":"\t98 Discharge of defendant\n\n(1) A receipt must be given by the Senior Master on the payment into court of the amount mentioned in the order to arrest.\n\nS. 98(2) amended by No. 18/2005 s. 18(Sch. 1 item 103.4).\n\n(2) On receipt of the bond or other security a certificate to that effect must be given, signed or attested by the plaintiff's legal practitioner or, if the plaintiff is suing in person, by the plaintiff.\n\n(3) The defendant is entitled to be discharged out of custody if—\n\n(a) the receipt or certificate referred to in this section is delivered to the sheriff, deputy sheriff or other officer having the execution of the order; and\n\n(b) the sheriff's fees and allowances are paid.\n\nNo. 6387 s. 140.\n\n","sortOrder":153},{"sectionNumber":"99","sectionType":"section","heading":"Date of arrest","content":"\t99 Date of arrest\n\nThe sheriff, deputy sheriff or other officer having the execution of an order to arrest must, within 2 days after the arrest, endorse on the order the true date of the arrest.\n\nNo. 6387 s. 141.\n\n\t100 Fees\n\n(1) The sheriff, deputy sheriff, or other officer having the execution of an order to arrest is entitled to the prescribed fees and allowances.\n\n(2) The Governor in Council may make regulations for or with respect to the fees and allowances payable to the persons referred to in subsection (1).\n\nDivision 7—Interest on judgment\n\nNo. 6387 s. 161.\n\n","sortOrder":154},{"sectionNumber":"101","sectionType":"section","heading":"Interest on judgment","content":"\t101 Interest on judgment\n\nS. 101(1) amended by Nos 74/2000 s. 3(Sch. 1 item 122), 78/2008 s. 7(1).\n\n(1) Every judgment debt carries interest at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** from the time the judgment was given or, in the case of costs which are assessable by the Costs Court, from the date of the order of the Costs Court stating the result of the assessment or such other date as the Court orders.\n\n(2) The amount of the interest must be stated in the body of, and may be levied under, a warrant of execution on the judgment.\n\nDivision 8—Wards of Court\n\nNo. 6387 s. 177.\n\n","sortOrder":155},{"sectionNumber":"102","sectionType":"section","heading":"Minors to become wards only by order","content":"\t102 Minors to become wards only by order\n\nS. 102(1) amended by No. 24/2008 s. 26(1).\n\n(1) Subject to subsection (2), a minor must not be made a ward of Court except by order of the Court constituted by a Judge of the Court.\n\n(2) If application is made for an order under subsection (1), the minor becomes a ward of Court on the making of the application but ceases to be a ward at the end of the period prescribed by the Rules unless within that period an order has been made in accordance with the application.\n\n(3) The Court may, either on an application or of its own motion, order that a minor who is a ward of Court shall cease to be a ward.\n\n","sortOrder":156},{"sectionNumber":"Div 9","sectionType":"division","heading":"Quashing by-laws","content":"Division 9—Quashing by-laws\n\nNo. 6387 s. 178.\n\n","sortOrder":157},{"sectionNumber":"103","sectionType":"section","heading":"Proceeding to test legality of by-laws","content":"\t103 Proceeding to test legality of by-laws\n\nS. 103(1) amended by No. 24/2008 s. 26(2).\n\n(1) A person who pays into court the sum of $500 as security for costs may apply to the Court constituted by a Judge of the Court for an order calling on the corporation by which or on whose behalf a by-law has been made to show cause why the by-law should not be quashed, either wholly or in part, for illegality.\n\n(2) The Court may make the order absolute or discharge it with or without costs.\n\n(3) In this section—\n\n***by-law*** includes regulations, rules and articles of association;\n\n***corporation*** means every corporation, no matter how created, and whether it exists for municipal, trading, mining, charitable or other purposes.\n\nPt 7 (Heading) substituted by No. 24/2008 s. 27.\n\n","sortOrder":158},{"sectionNumber":"Part 7","sectionType":"part","heading":"Associate Judges and officers of the Court","content":"Part 7—Associate Judges and officers of the Court\n\nPt 7 Div. 1 (Heading) amended by No. 63/2013 s. 21.\n\nDivision 1—Appointments of Associate Judges\n\nNo. 6387 s. 180.\n\nS. 104 amended by Nos 64/1990 s. 3(a)(b), 109/1994 s. 22(1)(c)–(e)(2), 22/1995 s. 20(1), 46/1998  \ns. 7(Sch. 1), 31/2004 s. 12, 108/2004 s. 117(1) (Sch. 3 item 194), 16/2005 s. 6, substituted by No. 24/2008 s. 28.\n\n","sortOrder":159},{"sectionNumber":"104","sectionType":"section","heading":"Appointment of Associate Judges","content":"\t104 Appointment of Associate Judges\n\n(1) Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council.\n\n(2) The Associate Judges appointed under subsection (1)—\n\nS. 104(2)(a) amended by No. 34/2010 s. 21(a).\n\n(a) must include an Associate Judge who is the Senior Master.\n\nS. 104(2)(b) amended by No. 78/2008 s. 7(2), repealed by No. 34/2010 s. 21(b).\n\nS. 104(3)(4) repealed by No. 34/2010 s. 21(b).\n\n(5) No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created.\n\n(6) A person must not be appointed as an Associate Judge unless that 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\nS. 104(6)(b) amended by No. 17/2014 s. 160(Sch. 2 item 93.4).\n\n(b) has been an Australian lawyer, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.\n\n(7) 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 by or under an Act; or\n\n(d) if he or she is not capable of continuing in office because of subsection (9) or (10).\n\nS. 104(8) amended by No. 34/2010 s. 21(c).\n\n(8) An Associate Judge who is the Senior Master and any other Associate Judge is—\n\n(a) entitled to such applicable salary and allowances as are payable under section 83A of the **Constitution Act 1975**; and\n\n(b) not subject to the **Public Administration Act 2004**.\n\n(9) Subject to subsection (10), a person who has attained the age of 70 years is not capable of being appointed to or continuing in an office referred to in this section.\n\n(10) A person appointed to the office of Master before 1 July 1986 and holding that office before the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008** continues in office without interruption as an Associate Judge until attaining the age of 72 years.\n\nS. 104A (Heading) inserted by No. 23/2008 s. 16(1), amended by No. 24/2008 s. 29(1).\n\nS. 104A inserted by No. 64/1990 s. 4.\n\n","sortOrder":160},{"sectionNumber":"104A","sectionType":"section","heading":"Pension entitlements of Associate Judges, their partners and children","content":"\t104A Pension entitlements of Associate Judges, their partners and children\n\nS. 104A(1) amended by No. 24/2008 s. 29(2)(a)(i).\n\n(1) An Associate Judge who—\n\nS. 104(1)(a) substituted by No. 22/1995 s. 20(2).\n\n(a) has attained—\n\n(i) the age of 65 years; or\n\nS. 104A (1)(a)(ii) amended by No. 24/2008 s. 29(2)(a)(ii).\n\n(ii) in the case of an Associate Judge who was appointed as a Master before the commencement of section 20 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. 104A(1)(aa) inserted by No. 22/1995 s. 20(2).\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. 104A(1) inserted by No. 63/2013 s. 22.\n\nSee sections 105B and 105F as to pension entitlements and appointment as a reserve Associate Judge.\n\nS. 104A(1A) inserted by No. 22/1995 s. 20(3), amended by No. 24/2008 s. 29(2)(b).\n\n(1A) An Associate Judge who—\n\nS. 104A(1A)(a) amended by No. 24/2008 s. 29(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. 104A(1B) inserted by No. 22/1995 s. 20(3), amended by No. 24/2008 s. 29(2)(c)(i).\n\n(1B) An Associate Judge who—\n\nS. 104A(1B)(a) amended by No. 24/2008 s. 29(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. 104A(2) amended by Nos 23/2008 s. 16(2)(a)(b), 24/2008 s. 29(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 or 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. 104A(3) amended by Nos 23/2008 s. 16(2)(a)(c), 24/2008 s. 29(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. 104A(4) amended by No. 24/2008 s. 29(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. 104A(5) amended by Nos 23/2008 s. 17, 24/2008 s. 29(2)(g).\n\n(5) An eligible child of an Associate Judge, a former Associate Judge or former Master or his or her partner is a child, adopted child or stepchild of the Associate Judge, former Associate Judge or former Master—\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. 104A(7) amended by No. 24/2008 s. 29(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. 104A(7) (b)(ii) substituted by No. 18/2005 s. 18(Sch. 1 item 103.5).\n\n(ii) he or she is engaged in legal practice in any State or Territory or is employed by a law practice in connection with the practice's legal practice in any State or Territory.\n\n(8) Subsection (7) applies unless the Governor in Council by Order otherwise determines in any particular case.\n\nS. 104A(9) amended by No. 24/2008 s. 29(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 104(7)(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 4 of the **Courts (Amendment) Act 1990**.\n\nS. 104A(10A) inserted by No. 23/2008 s. 18.\n\n(10A) Subsections (8) to (22) of section 83 of the **Constitution Act 1975** apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 83 of the **Constitution Act 1975**.\n\nS. 104A(11) amended by No. 19/2001 s. 20.\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. 104A(12) inserted by No. 24/2008 s. 29(3).\n\n(12) For the purposes of this section, service as a Master before the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008** shall count as service as an Associate Judge.\n\nS. 104A(12A) inserted by No. 29/2015 s. 59.\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. 104A(12B) inserted by No. 29/2015 s. 59.\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. 104A(12C) inserted by No. 29/2015 s. 59, amended by No. 31/2024 s. 113(Sch. 1 item 36).\n\n(12C) For the purposes of this section—\n\n***recognised service office*** means the following offices—\n\n(a) judge of the County Court;\n\n(b) 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(c) Chief Magistrate where the appointment as Chief Magistrate was made on or after 6 March 2001;\n\n(d) master of the County Court or associate judge of the County Court;\n\n(e) 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(f) Solicitor-General;\n\n(g) Director of Public Prosecutions;\n\n(h) Chief Crown Prosecutor;\n\n(i) Senior Crown Prosecutor;\n\n(j) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;\n\n(k) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011**.\n\nS. 104A(13) inserted by No. 24/2008 s. 29(3).\n\n(13) In this section, ***former Master*** means a Master who resigned, retired or died before the commencement of section 29 of the **Courts Legislation Amendment (Associate Judges) Act 2008**.\n\nS. 104A(14) inserted by No. 40/2010 s. 106.\n\n(14) For the purposes of subsection (2), the definition of ***partner*** as substituted by section 105 of the **Superannuation Legislation Amendment Act 2010** applies in respect of the entitlement to a pension of a partner of an Associate Judge, a former Associate Judge or a former Master only if the death of the Associate Judge, former Associate Judge or former Master occurs on or after the commencement of the substituting section.\n\nS. 104A(15) inserted by No. 16/2016 s. 210.\n\n(15) 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. 104A(16) inserted by No. 16/2016 s. 210.\n\n(16) A removal referred to in subsection (15) 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. 104AB inserted by No. 63/2013 s. 63.\n\n\t104AB 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 104A, 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 104A(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 104A(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\n**Example**\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 as an Associate Judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).\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 (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. Associate Judge A will therefore receive 94∙0% of a full Associate Judge's pension.\n\nS. 104B (Heading) amended by No. 24/2008 s. 30(1).\n\nS. 104B inserted by No. 19/2001 s. 21.\n\n","sortOrder":161},{"sectionNumber":"104B","sectionType":"section","heading":"Election of Associate Judges to commute future pensions for payment of superannuation contributions surcharge","content":"\t104B Election of Associate Judges to commute future pensions for payment of superannuation contributions surcharge\n\nS. 104B(1) amended by Nos 23/2008 s. 16(3), 24/2008 s. 30(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. 104B(2) amended by No. 24/2008 s. 30(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. 104C (Heading) amended by No. 24/2008 s. 31(1).\n\nS. 104C inserted by No. 19/2001 s. 21.\n\n","sortOrder":162},{"sectionNumber":"104C","sectionType":"section","heading":"Actuary's first calculation after election of Associate Judges to commute pensions","content":"\t104C Actuary's first calculation after election of Associate Judges to commute pensions\n\nS. 104C(1) amended by No. 24/2008 s. 31(2)(a)(i).\n\n(1) If an election under section 104B 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. 104C(1)(a) amended by Nos 11/2002 s. 3(Sch. 1 item 59.2), 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii)  \n(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. 104C(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii)  \n(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. 104C(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(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 104B within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 104C(3) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b).\n\n(3) If an election under section 104B is in operation, the former Associate Judge's pension and any future entitlement of the former Associate Judge's partner or eligible child to a pension upon the Associate Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).\n\n(4) For the purposes of subsection (1)—\n\nS. 104C(4)(a) amended by No. 24/2008 s. 31(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. 104C(4)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(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. 104D (Heading) amended by No. 24/2008 s. 31(3).\n\nS. 104D inserted by No. 19/2001 s. 21.\n\n","sortOrder":163},{"sectionNumber":"104D","sectionType":"section","heading":"Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums","content":"\t104D Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums\n\nS. 104D(1) amended by Nos 23/2008 s. 16(3)(4), 24/2008 s. 31(4).\n\n(1) If an election under section 104B 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. 104D(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(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 104C(1); and\n\nS. 104D(2)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(4).\n\n(b) subject to section 104C(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 104B 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. 104E (Heading) amended by No. 24/2008 s. 32(1).\n\nS. 104E inserted by No. 19/2001 s. 21.\n\n","sortOrder":164},{"sectionNumber":"104E","sectionType":"section","heading":"Election of former Associate Judges to commute pensions for payment of superannuation contributions surcharge","content":"\t104E Election of former Associate Judges to commute pensions for payment of superannuation contributions surcharge\n\nS. 104E(1) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(2)(a).\n\n(1) If no election under section 104B 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\n(2) An election under subsection (1) must—\n\nS. 104E(2)(a) amended by Nos 23/2008 s. 16(4), 24/2008 s. 32(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 pension; and\n\nS. 104E(2)(c) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(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\n(d) be accompanied by a copy of the superannuation contributions surcharge notice.\n\nS. 104F (Heading) amended by No. 24/2008 s. 32(3).\n\nS. 104F inserted by No. 19/2001 s. 21.\n\n","sortOrder":165},{"sectionNumber":"104F","sectionType":"section","heading":"Actuary's calculation after former Associate Judges' election to commute pensions","content":"\t104F Actuary's calculation after former Associate Judges' election to commute pensions\n\n(1) If an election under section 104E is in operation, the Minister must within 10 days after the day on which the Minister received the election—\n\nS. 104F(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4).\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 104G(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and\n\nS. 104F(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4).\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. 104F(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 32(4).\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 104E within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 104G (Heading) amended by No. 24/2008 s. 33(1).\n\nS. 104G inserted by No. 19/2001 s. 21.\n\n","sortOrder":166},{"sectionNumber":"104G","sectionType":"section","heading":"Payment and commutation of pensions of former Associate Judges","content":"\t104G Payment and commutation of pensions of former Associate Judges\n\n(1) If an election under section 104E is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.\n\nS. 104G(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(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 104F in consequence of the payment of the lump sum.\n\n(3) For the purposes of section 104F—\n\nS. 104G(3)(a) amended by No. 24/2008 s. 33(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. 104G(3)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(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; or\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. 104H (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(1).\n\nS. 104H inserted by No. 19/2001 s. 21.\n\n\t104H Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge\n\nS. 104H(1) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(2).\n\n(1) If no election made under section 104B or 104E 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\n(2) An election under subsection (1) must—\n\nS. 104H(2)(a) amended by Nos 23/2008 s. 16(4), 24/2008 s. 34(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. 104H(2)(c) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(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\n(d) be accompanied by a copy of the superannuation contributions surcharge notice.\n\nS. 104I (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(3).\n\nS. 104I inserted by No. 19/2001 s. 21.\n\n\t104I Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children\n\n(1) If an election is made under section 104H, the Minister must within 10 days after the day on which the Minister received the election—\n\nS. 104I(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(4).\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 104J(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. 104I(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(4).\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 104H within 10 days after the Minister's notification under subsection (1)(b).\n\nS. 104J (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 35(1).\n\nS. 104J inserted by No. 19/2001 s. 21.\n\n\t104J Payment and commutation of pensions of former Associate Judges' partners and eligible children\n\n(1) If an election under section 104H 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. 104J(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(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 104I.\n\n(3) For the purposes of section 104I—\n\nS. 104J(3)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(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. 104J(3)(a)(i) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(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. 104J (3)(a)(ii) amended by Nos 23/2008 s. 16(4), 24/2008 s. 35(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\nS. 104JA inserted by No. 63/2013 s. 64.\n\n\t104JA Entry into part-time service arrangement\n\n(1) An Associate Judge may enter into an arrangement with the Chief Justice to carry out the duties of Associate Judge on a part-time basis.\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 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 Justice 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 Associate Judge;\n\n(c) parity and equity with 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. 104JB inserted by No. 63/2013 s. 64.\n\n\t104JB Variation of part-time service arrangement\n\n(1) A part-time service arrangement may be varied by agreement between the Associate Judge to whom the arrangement applies and the Chief Justice.\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 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 Justice may have regard to the factors referred to in section 104JA(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. 104JC inserted by No. 63/2013 s. 64.\n\n\t104JC Termination of part-time service arrangement\n\nA part-time service arrangement may be terminated by agreement between the Associate Judge to whom the part-time service arrangement applies and the Chief Justice.\n\nS. 104JD inserted by No. 63/2013 s. 64.\n\n\t104JD Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment\n\n(1) 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 Justice, 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 Justice, 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 Associate Judge receives remuneration.\n\nNo. 6387 s. 181.\n\nS. 105 amended by No. 109/1994 s. 22(3), substituted by No. 24/2008 s. 36 (as amended by No. 78/2008 s. 21).\n\n","sortOrder":167},{"sectionNumber":"105","sectionType":"section","heading":"Acting Associate Judges","content":"\t105 Acting Associate Judges\n\n(1) If an Associate Judge other than the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of that Associate Judge.\n\n(2) If an Associate Judge other than the Associate Judge who is the Senior Master is absent for a period not exceeding 6 months, the Chief Justice may nominate another Associate Judge to act in the place of that Associate Judge.\n\n(3) A person appointed under subsection (1) or nominated under subsection (2) has and may exercise the duties and powers of the Associate Judge in whose place the appointee or nominee is acting.\n\n(4) If an office of Associate Judge becomes vacant, the Governor in Council may appoint another Associate Judge to act in that office.\n\n(5) An appointment under subsection (4) is for the term (not exceeding 6 months) specified in the instrument of appointment.\n\n(6) A person appointed under subsection (4) has, during the term of the appointment, all the powers, and may during that term perform all the duties, of the office to which that person is appointed.\n\nS. 105A inserted by No. 24/2008 s. 36.\n\n","sortOrder":168},{"sectionNumber":"105A","sectionType":"section","heading":"Acting Senior Master","content":"\t105A Acting Senior Master\n\n(1) If the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of the Senior Master.\n\n(2) If the Associate Judge who is the Senior Master is absent, another Associate Judge nominated by the Senior Master has and may exercise the duties and powers of the Senior Master in relation to the receipt, investment and payment out of funds in court.\n\nS. 105A(3) inserted by No. 63/2013 s. 23.\n\n(3) In this section a reference to \"Associate Judge\" does not include a reserve Associate Judge.\n\nPt 7 Div. 1A (Heading and ss 105B–105I) inserted by No. 63/2013 s. 24.\n\n","sortOrder":169},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Reserve Associate Judges","content":"Division 1A—Reserve Associate Judges\n\nS. 105B inserted by No. 63/2013 s. 24.\n\n","sortOrder":170},{"sectionNumber":"105B","sectionType":"section","heading":"Appointment of reserve Associate Judges","content":"\t105B 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 of the Court or a Master of the Court; or\n\n(ii) an associate judge or a master (however designated) of the Federal Court of Australia; or\n\n(iii) an associate judge or a master (however designated) of the Supreme Court of another State or of the Northern Territory or the Australian Capital Territory.\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. 105C inserted by No. 63/2013 s. 24.\n\n","sortOrder":171},{"sectionNumber":"105C","sectionType":"section","heading":"Cessation of office","content":"\t105C 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. 105D inserted by No. 63/2013 s. 24.\n\n","sortOrder":172},{"sectionNumber":"105D","sectionType":"section","heading":"Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge","content":"\t105D Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge\n\n(1) The Chief Justice 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, including duties of the Associate Judge who is the Senior Master; and\n\n(b) must specify the period of the engagement.\n\n(3) The Chief Justice 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 Justice may request the reserve Associate Judge to provide any information that the Chief Justice considers may be relevant to enable a decision to engage to be made.\n\nS. 105E inserted by No. 63/2013 s. 24.\n\n","sortOrder":173},{"sectionNumber":"105E","sectionType":"section","heading":"Powers, jurisdiction, immunities and protection of reserve Associate Judge","content":"\t105E Powers, jurisdiction, immunities and protection of reserve Associate Judge\n\nSubject to this Act and the **Constitution Act 1975**, 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 105D.\n\nS. 105F inserted by No. 63/2013 s. 24.\n\n","sortOrder":174},{"sectionNumber":"105F","sectionType":"section","heading":"Pension rights and service not affected by being a reserve Associate Judge","content":"\t105F 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 104A or in the office of Judge of the Court for the purposes of section 83 of the **Constitution Act 1975**.\n\n(2) Despite section 104A(7), appointment as a reserve Associate Judge does not affect the right of an Associate Judge to a pension under section 104A.\n\nS. 105G inserted by No. 63/2013 s. 24.\n\n","sortOrder":175},{"sectionNumber":"105G","sectionType":"section","heading":"Engaging in legal practice or other paid employment","content":"\t105G Engaging in legal practice or other paid employment\n\n(1) Except with the approval of the Chief Justice, 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 105D or acting under section 105H.\n\n(2) Except with the approval of the Chief Justice, 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 105D or acting under section 105H.\n\nS. 105H inserted by No. 63/2013 s. 24.\n\n","sortOrder":176},{"sectionNumber":"105H","sectionType":"section","heading":"Power to complete matters—Associate Judges and reserve Associate Judges","content":"\t105H 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 104 ceases under section 104(7)(a) or (d);\n\n(b) a reserve Associate Judge engaged under section 105D whose engagement expires;\n\n(c) a reserve Associate Judge engaged under section 105D—\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 the 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 105D; 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 105B; and\n\n(ii) is taken to be a reserve Associate Judge engaged under section 105D; and\n\n(c) section 83B of the **Constitution Act 1975** 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 105B 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 and upon acceptance of that resignation, his or her appointment under this section ceases.\n\n(6) Nothing in this section prevents a person being appointed as a reserve Associate Judge under section 105B 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 87 of the **Constitution Act 1975**.\n\nS. 105I inserted by No. 63/2013 s. 24.\n\n","sortOrder":177},{"sectionNumber":"105I","sectionType":"section","heading":"Constitution of Court in certain circumstances","content":"\t105I Constitution of Court in certain circumstances\n\nFor the avoidance of doubt, for the purpose of completion of any matter whether under section 105H or otherwise, the Court may be constituted or continue to be constituted by a reserve Associate Judge who is an Associate Judge without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.\n\nPt 7 Div. 1B (Heading) inserted by No. 63/2013 s. 25.\n\n","sortOrder":178},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Appointments of other officers","content":"Division 1B—Appointments of other officers\n\nNo. 6387 s. 182.\n\nS. 106 amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 194).\n\n","sortOrder":179},{"sectionNumber":"106","sectionType":"section","heading":"Power to employ chief executive officer, prothonotary etc.","content":"\t106 Power to employ chief executive officer, prothonotary etc.\n\nFor the purposes of this Act and to assist in the administration of justice in Victoria there are to be employed under Part 3 of the **Public Administration Act 2004**—\n\nS. 106(a) amended by Nos 46/1998  \ns. 7(Sch. 1), 9/2009 s. 58(1), 1/2014 s. 75.\n\n(a) a prothonotary and a registrar of probates and such other employees as are necessary; and\n\nS. 106(ab) inserted by No. 24/2008 s. 37.\n\n(ab) registrars, deputy registrars and any other employees that are necessary for the effective operation of the Court generally; and\n\nS. 106(ac) inserted by No. 78/2008 s. 8.\n\n(ac) such costs registrars, deputy costs registrars and other officers as are necessary for the effective operation of the Costs Court; and\n\nS. 106(b) amended by No. 9/2009 s. 58(2).\n\n(b) as many deputy prothonotaries and assistant registrars of probates as are required to assist in the administration of justice.\n\nNo. 6387 s. 183.\n\n","sortOrder":180},{"sectionNumber":"107","sectionType":"section","heading":"Certain office holders to be deputies","content":"\t107 Certain office holders to be deputies\n\nS. 107(1) amended by No. 9/2009 s. 59(1).\n\n(1) The Governor in Council may by Order published in the Government Gazette declare the person for the time being carrying out the duties of any office in the public service to be a deputy prothonotary.\n\n(2) A person who is the subject of an Order under subsection (1)—\n\n(a) has the duties and powers specified in the Order; and\n\nS. 107(2)(b) amended by No. 9/2009 s. 59(2).\n\n(b) for the purposes of this Act is to be taken to be appointed as deputy prothonotary.\n\nNo. 6387 s. 184.\n\n","sortOrder":181},{"sectionNumber":"108","sectionType":"section","heading":"Powers of deputies","content":"\t108 Powers of deputies\n\nS. 108(1) amended by No. 9/2009 s. 60(1).\n\n(1) A person appointed as deputy prothonotary has the duties and powers specified in the terms of that person's appointment.\n\nS. 108(2) amended by No. 9/2009 s. 60(2).\n\n(2) Anything done by a deputy prothonotary is as valid and effective as if it had been done by the prothonotary and no person need be concerned to inquire whether any action is within the terms of the deputy's authority.\n\nNo. 6387 s. 185.\n\n","sortOrder":182},{"sectionNumber":"109","sectionType":"section","heading":"Appointment of bailiffs and assistant bailiffs","content":"\t109 Appointment of bailiffs and assistant bailiffs\n\nS. 109(1) substituted by No. 9/2009 s. 61(1).\n\n(1) The Governor in Council may appoint a person other than a sheriff's officer to be a bailiff for the purposes of this Act.\n\nIn relation to sheriff's officers as bailiffs, see section 12 of the **Sheriff Act 2009**.\n\nS. 109(1A) inserted by No. 9/2009 s. 61(1).\n\n(1A) A person appointed under subsection (1) need not be an employee in the public service.\n\nS. 109(2) amended by No. 37/2014 s. 10(Sch. item 162.2).\n\n(2) Without affecting the operation of subsection (1), the police officer who is for the time being in charge of any police station specified for the purposes of this section by Order of the Governor in Council published in the Government Gazette is a bailiff for the purposes of this Act.\n\nS. 109(3) amended by No. 37/2014 s. 10(Sch. item 162.2).\n\n(3) A bailiff referred to in subsection (2) may from time to time in writing appoint any police officer to assist him or her.\n\nS. 109(4) inserted by No. 9/2009 s. 61(2).\n\n***sheriff's officer*** has the same meaning as in the **Sheriff Act 2009**.\n\nPt 7 Div. 2 (Heading) substituted by No. 24/2008 s. 38.\n\nDivision 2—Functions of Associate Judges\n\nS. 109A inserted by No. 24/2008 s. 39.\n\n","sortOrder":183},{"sectionNumber":"109A","sectionType":"section","heading":"Chief Justice responsible for business of Associate Judges","content":"\t109A Chief Justice responsible for business of Associate Judges\n\nThe Chief Justice has responsibility for the administration of the business of the Associate Judges, including the Associate Judge who is the Senior Master, and the orderly and expeditious exercise of their functions and powers.\n\nNo. 6387 s. 186.\n\nS. 110 substituted by No. 24/2008 s. 40.\n\n","sortOrder":184},{"sectionNumber":"110","sectionType":"section","heading":"Functions of the Senior Master","content":"\t110 Functions of the Senior Master\n\nThe Senior Master has the duties, powers and authorities imposed or conferred on him or her by or under this Act or any other Act or the Rules.\n\nNo. 6387 s. 187.\n\nS. 111 substituted by No. 24/2008 s. 41, amended by No. 34/2010 s. 22 (ILA s. 39B(1)).\n\n","sortOrder":185},{"sectionNumber":"111","sectionType":"section","heading":"Functions of Associate Judges","content":"\t111 Functions of Associate Judges\n\n(1) The Associate Judges—\n\n(a) must assist in the general business of the Court; and\n\n(b) must perform the duties and exercise the powers and authorities imposed or conferred on them by or under this Act or any other Act or the Rules.\n\nS. 111(2) inserted by No. 34/2010 s. 22.\n\n(2) Any Associate Judge may carry out the duties and functions of the Registrar of the Court of Appeal or the Registrar of Criminal Appeals—\n\n(a) if the person assigned to those duties is absent or temporarily unable to perform those duties; or\n\n(b) for the purposes of the effective conduct of the general business of the Court.\n\nS. 111A inserted by No. 109/1994 s. 23, substituted by No. 24/2008 s. 41, amended by No. 68/2009 s. 97(Sch. item 116.7), repealed by No. 34/2010 s. 23(1).\n\nS. 112 amended by Nos 109/1994 s. 24, 52/1998 s. 311(Sch. 1 item 88.1) (as amended by No. 101/1998 s. 22(1)(m)), 18/2005 s. 18(Sch. 1 item 103.6), substituted by No. 24/2008 s. 42, amended by Nos 78/2008 s. 7(3)(4), 68/2009 s. 97(Sch. item 116.8), repealed by No. 34/2010 s. 23(2).\n\nNo. 6387 s. 189.\n\n","sortOrder":186},{"sectionNumber":"113","sectionType":"section","heading":"Common Funds","content":"\t113 Common Funds\n\nS. 113(1) amended by Nos 52/1998  \ns. 311(Sch. 1 item 88.2), 30/2004 s. 3(1), 13/2019 s. 221(Sch. 1 item 52.2).\n\n(1) Subject to section 179 of the **Guardianship and Administration Act 2019** and section 51A of this Act, all money paid into court under an order of the Court or under any Act or the Rules is to be held by the Senior Master.\n\nS. 113(2) amended by No. 30/2004 s. 3(2).\n\n(2) In addition to Common Fund No. 1 and the other Common Funds established before the commencement of this Act by or under the **Supreme Court Act 1958** and Common Fund No. 3 established by section 113A of this Act, there may be established, by and in accordance with the Rules or under subsection (26), more Common Funds, each to be identified by an appropriate distinguishing number.\n\n(3) Unless the Senior Master otherwise determines, no money is to be invested in Common Fund No. 1 after the commencement of this Act.\n\nS. 113(4) amended by No. 30/2004 s. 3(3).\n\n(4) Money held by the Senior Master, including money forming part of a Common Fund (except Common Fund No. 3), may be invested—\n\nS. 113(4)(a) repealed by No. 11/2001 s. 3(Sch. item 71.1(a)).\n\nS. 113(4)(b) substituted by No. 55/1987 s. 57(3)(Sch. 5 item 54), amended by No. 45/1994 s. 42(Sch. item 9).\n\n(b) on deposit with the State Trust for investment in such common fund as the Court specifies; or\n\nS. 113(4)(c) repealed by No. 18/1994 s. 66(Sch. 2 item 24.1).\n\n(d) in any manner in which trust money may be invested by a trustee under the **Trustee Act 1958** or any other Act.\n\nS. 113(5) amended by No. 30/2004 s. 3(4).\n\n(5) Money forming part of a Common Fund (except Common Fund No. 3) may be invested in any class of investment authorised under the Rules.\n\n(6) Subject to the Rules and to any order of the Court, the Senior Master must transfer any money received by the Senior Master on behalf of any person, estate or trust to a Common Fund, unless the Senior Master considers it desirable for any special reason to invest it on separate account.\n\n(7) Investments made from money forming part of a Common Fund are not made on account of, and do not belong to, any particular person, estate or trust.\n\n(8) Subject to subsection (26), the Senior Master must cause to be kept in the books of the Senior Master an account showing at all times the current amount held by the Senior Master or at credit in a Common Fund on behalf or account of each person, estate or trust and of any investments made of the money of a Common Fund or on behalf of a person, estate or trust.\n\n(9) The Senior Master may sell or call in investments belonging to a Common Fund and may withdraw any of the money forming part of a Common Fund if necessary in the performance of his or her duties or the exercise of his or her powers and authorities.\n\n(10) The Senior Master may at any time withdraw from a Common Fund any amount at credit in the Common Fund on the account of any person, estate or trust and may invest that amount on separate account or transfer it to another Common Fund.\n\n(11) Amounts withdrawn from a Common Fund cease, from the date of withdrawal, to have any claim for interest or otherwise from the Common Fund.\n\nS. 113(12) amended by No. 30/2004 s. 3(5).\n\n(12) Subject to section 113A and unless otherwise expressly provided by the rules under which a Common Fund is constituted—\n\n(a) no capital appreciation or depreciation in the value of any investments made or taken to have been made from a Common Fund are to be taken to increase or diminish the amount at credit in the Common Fund on the account of any person, estate or trust; and\n\n(b) on the withdrawal from the Common Fund of any amount transferred to it, the person, estate or trust in question is entitled to be credited with the actual amount so transferred without regard to any capital appreciation or depreciation.\n\nS. 113(13) amended by No. 30/2004 s. 3(6).\n\n(13) Interest received from the investment of money forming part of a Common Fund (except Common Fund No. 3) is to be paid into an account to be called the \"Interest Suspense Account\" of that Common Fund and to be allocated as provided in subsection (14).\n\nS. 113(14) amended by No. 30/2004 s. 3(7).\n\n(14) On each amount at credit in a Common Fund (except Common Fund No. 3) interest at the appropriate rate fixed from time to time by the Senior Master, with the approval of the Chief Justice, must at such times and intervals as are prescribed by the Rules be allocated and paid out of the Interest Suspense Account of that Common Fund to the credit of the person, estate or trust entitled for the time being to the interest.\n\n(15) The Senior Master, with the approval of the Chief Justice, may fix different rates of interest according to—\n\nS. 113(15)(a) amended by No. 30/2004 s. 3(8).\n\n(a) the source and nature of the different amounts transferred to a Common Fund (except Common Fund No. 3);\n\n(b) the periods for which those amounts will probably remain in the Fund;\n\n(c) such other factors as they consider relevant.\n\n(16) At such time or times in each year as the Senior Master determines, such amount of the money at credit in each Interest Suspense Account as the Senior Master considers necessary must, after providing for all interest payable to the credit of persons, estates and trusts, be carried to the credit of an account to be called the \"Common Funds Guarantee and Reserve Account\".\n\nS. 113(17) amended by No. 30/2004 s. 3(9).\n\n(17) All capital profit made on the realization of investments from a Common Fund (except Common Fund No. 3) must also be carried to the credit of the Common Funds Guarantee and Reserve Account.\n\n(18) Money standing to the credit of the Common Funds Guarantee and Reserve Account may be applied for all or any of the following purposes:\n\n(a) Payment to a Common Fund of an amount equivalent to any capital loss incurred on realization of any investment made from the Common Fund;\n\n(b) Payments of any costs and expenses incurred in protecting investments made from a Common Fund;\n\nS. 113(18)(ba) inserted by No. 30/2004 s. 3(10).\n\n(ba) Payments of any costs, expenses and charges incurred in respect of staff employed in connection with the administration of a Common Fund as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account;\n\nS. 113(18)(bb) inserted by No. 30/2004 s. 3(10).\n\n(bb) Payments of any costs, expenses and charges incurred in respect of—\n\n(i) legal advice obtained in relation to a person, estate or trust; or\n\n(ii) legal proceedings to which a person, estate or trust is a party—\n\nas in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account and not against a particular person, estate or trust because of the general interest and importance of the subject matter of the advice or proceedings;\n\n(c) Payments of such other costs, expenses and charges incurred in respect of a Common Fund or investments made from a Common Fund as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account.\n\n(19) Any money standing to the credit of the Common Funds Guarantee and Reserve Account which is not for the time being required for any of the purposes referred to in subsection (18) may be invested—\n\nS. 113(19)(a) amended by No. 11/2001 s. 3(Sch. item 71.1  \n(b)(i)).\n\n(a) in any manner in which trust money may be invested by a trustee under the **Trustee Act 1958** or any other Act—\n\nS. 113(19)(b) repealed by No. 11/2001 s. 3(Sch. item 71.1(b)  \n(ii)).\n\nand all interest received from that investment must be paid into the Common Funds Guarantee and Reserve Account.\n\n(20) If it appears to the Senior Master that the amount standing to the credit of the Common Funds Guarantee and Reserve Account on 1 June last past (after allowing for all ascertained and known contingent liabilities of that Account) is in excess of 1% of the amount to the credit of the Common Funds on that day, the Senior Master may pay out of that Account into the Interest Suspense Accounts of the Common Funds such amount as is in excess of that 1% as the Senior Master thinks fit and in such proportions as he or she thinks fit.\n\n(21) If it appears to the Senior Master that the amount of capital gains transferred to the Common Funds Guarantee and Reserve Account for the period of 12 months ending on 31 May in each year (after allowing for all ascertained and known contingent liabilities of that Account) is in excess of 0⋅10% of the amount to the credit of the Common Funds on that day, the Senior Master may, until the amount standing to the credit of that Account on 1 June next reaches 1% of the amount to the credit of the Common Funds on that day, pay out of that Account into the Interest Suspense Accounts of the Common Funds such amounts as is in excess of that 0⋅10% as the Senior Master thinks fit and in such proportions as he or she thinks fit.\n\n(22) Any amount paid into an Interest Suspense Account under subsection (20) or (21) is to be allocated from that Account in the same manner as interest received from the investment of the money forming part of the Common Fund.\n\nS. 113(23) amended by No. 30/2004 s. 3(11).\n\n(23) If at any time a Common Fund (except Common Fund No. 3) is insufficient to meet a proper claim on it, the amount of that claim, so far as it cannot be met from the Common Fund, must be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.\n\nS. 113(24) amended by No. 11/2001 s. 3(Sch. item 71.1(c)).\n\n(24) In order to admit of the money in a Common Fund being kept closely invested, the Senior Master may obtain advances to the Common Fund from any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth by the deposit by way of equitable mortgage of any securities held by the Senior Master in respect of investments from the Common Fund.\n\nS. 113(25) amended by No. 11/2001 s. 3(Sch. item 71.1(d)).\n\n(25) The aggregate amount of advances made to the Common Funds by any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth and outstanding at any one time must not exceed $1 000 000.\n\nS. 113(26) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 55), 11/2001 s. 3(Sch. item 71.1(e)).\n\n(26) Subject to the Rules, the Senior Master may, with the consent of the Treasurer and the Chief Justice, enter into arrangements with the State Trust for or with respect to all or any of the following matters—\n\n(a) to undertake the management and investment of money held by the Senior Master;\n\n(b) to maintain the accounts required to be kept by subsection (8);\n\n(c) the establishment and management of one or more Common Funds in which money held by the Senior Master may be invested.\n\nS. 113A inserted by No. 30/2004 s. 4.\n\n","sortOrder":187},{"sectionNumber":"113A","sectionType":"section","heading":"Common Fund No. 3","content":"\t113A Common Fund No. 3\n\n(1) In this section, ***prescribed financial market*** has the same meaning as in section 9 of the Corporations Act.\n\n(2) There is established a Common Fund to be known as Common Fund No. 3.\n\n(3) On the commencement of section 4 of the **Courts Legislation (Funds in Court) Act 2004**—\n\n(a) the interest of any person, estate or trust in a security listed on a prescribed financial market and held by the Senior Master on separate account under section 113(6) immediately before that commencement is cancelled;\n\n(b) all securities of a kind referred to in paragraph (a) are transferred to Common Fund No. 3;\n\n(c) in consideration of, and as compensation for, the cancellation of any interest of a person, estate or trust in a security by force of paragraph (a), that person, estate or trust is given all the rights of a person, estate or trust with money invested in Common Fund No. 3 as set out in section 113.\n\n(4) No duty or other tax is chargeable under any Act in respect of anything effected by or done under this section or in respect of any act or transaction connected with or necessary to be done by reason of this section, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of securities made by this section.\n\n(5) Money held in Common Fund No. 3 may only be invested in securities listed on a prescribed financial market or in cash securities, deposits or discount bills-of-exchange or in another type of security determined by the Senior Master.\n\n(6) The monetary value at any time of a security listed on a prescribed financial market and held by the Senior Master in Common Fund No. 3 is the value last published by that market with respect to that security.\n\n(7) Any capital profit or loss incurred on the realisation of an asset in Common Fund No. 3 must be credited or debited (as the case requires) to that Fund and apportioned between the accounts of each person, estate or trust with money invested in the Fund at that time proportionately to the extent of that investment.\n\n(8) Income arising from Common Fund No. 3 must be apportioned between the accounts of each person, estate or trust with money invested in the Fund at that time proportionately to the extent of that investment.\n\nS. 113B inserted by No. 30/2004 s. 4.\n\n","sortOrder":188},{"sectionNumber":"113B","sectionType":"section","heading":"Senior Master to have certain powers of administrator","content":"\t113B Senior Master to have certain powers of administrator\n\nS. 113B(1) amended by No. 13/2019 s. 221(Sch. 1 item 52.3(b)).\n\nS. 113B(1)(a) substituted by No. 13/2019 s. 221(Sch. 1 item 52.3(a)).\n\n(a) an administrator has not been appointed under the **Guardianship and** **Administration Act 2019** for a person; and\n\n(b) the Senior Master holds money on behalf of that person—\n\nthe Senior Master has, in respect of that money, the powers referred to in section 52 of that Act that he or she would have if he or she had been named as administrator in an administration order made under that Act that specified the administrator as having those powers.\n\nS. 113B(2) substituted by No. 13/2019 s. 221(Sch. 1 item 52.4).\n\n(2) The Senior Master ceases to have the powers conferred by subsection (1) if another person is appointed under the **Guardianship and Administration Act 2019** as administrator for the person.\n\n(3) The Senior Master may, by instrument, delegate to any person employed in connection with the administration of a Common Fund any power of the Senior Master conferred by subsection (1).\n\nPt 7 Div. 2A (Heading and ss 113C–113M) inserted by No. 34/2010 s. 24.\n\nDivision 2A—Judicial registrars\n\nS. 113C inserted by No. 34/2010 s. 24.\n\n","sortOrder":189},{"sectionNumber":"113C","sectionType":"section","heading":"Assignment of duties","content":"\t113C Assignment of duties\n\n(1) The Chief Justice 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 Justice; and\n\n(b) subject to sections 11(4A) and 17AA, 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\nSee also sections 75A(2B) and 75A(5) of the **Constitution Act 1975**.\n\n(3) The Chief Justice has responsibility for the administration of the business of the judicial registrars and the orderly and expeditious exercise of their functions and powers.\n\nS. 113D inserted by No. 34/2010 s. 24.\n\n","sortOrder":190},{"sectionNumber":"113D","sectionType":"section","heading":"Guidelines relating to the appointment of judicial registrars","content":"\t113D Guidelines relating to the appointment of judicial registrars\n\n(1) The Chief Justice, in consultation with the Attorney-General, may—\n\nS. 113D(1)(a) amended by No. 62/2014 s. 80.\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 Justice 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. 113E inserted by No. 34/2010 s. 24.\n\n","sortOrder":191},{"sectionNumber":"113E","sectionType":"section","heading":"Recommendations for appointment of judicial registrars","content":"\t113E Recommendations for appointment of judicial registrars\n\n(1) The Chief Justice 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 Justice must have  \nregard to any guidelines in force under section 113D(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 113F.\n\nS. 113F inserted by No. 34/2010 s. 24.\n\n","sortOrder":192},{"sectionNumber":"113F","sectionType":"section","heading":"Appointment by Governor in Council","content":"\t113F Appointment by Governor in Council\n\n(1) On the recommendation of the Attorney-General under section 113E, 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. 113F(2) amended by No. 17/2014 s. 160(Sch. 2 item 93.5(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. 113F(2)(a) substituted by No. 17/2014 s. 160(Sch. 2 item 93.5(b)).\n\n(a) an Australian lawyer; or\n\nS. 113F(2)(b) substituted by No. 17/2014 s. 160(Sch. 2 item 93.5(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 Justice, undertake the duties of a judicial registrar on a part-time basis.\n\nS. 113F(5) amended by No. 62/2014 s. 81.\n\n(5) A judicial registrar is eligible for re‑appointment in accordance with section 113E and this section if the Chief Justice 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. 113G inserted by No. 34/2010 s. 24.\n\n","sortOrder":193},{"sectionNumber":"113G","sectionType":"section","heading":"Remuneration and terms and conditions of appointment","content":"\t113G Remuneration and terms and conditions of appointment\n\nS. 113G(1) amended by No. 29/2015 s. 60(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. 113G(2) repealed by No. 29/2015 s. 60(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 Justice 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. 113G(6) inserted by No. 29/2015 s. 60(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. 113G(7) inserted by No. 29/2015 s. 60(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. 113G(8) inserted by No. 62/2014 s. 82.\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. 113GA inserted by No. 3/2016 s. 22.\n\n\t113GA Validation of certain past superannuation payments—judicial registrars\n\n(1) This section applies to a person who holds or held office as a judicial registrar during the validation period, or during any part of the validation period, other than a person who is, or is taken to be, a member of the new scheme or the revised scheme under the **State Superannuation Act 1988**.\n\n(2) Any superannuation contribution made for the benefit of a person to whom this section applies during the validation period, or during any part of the validation period, (as the case requires) which was determined by multiplying the salary of the person during the relevant period by the applicable multiplier for that period is taken to be, and to have always been—\n\n(a) a validly made superannuation contribution for the benefit of the judicial registrar to which that judicial registrar was entitled; and\n\n(b) authorised by law to be paid from the Consolidated Fund.\n\n(3) In this section—\n\n***applicable multiplier*** means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100;\n\n***commencement date*** means the day that section 22 of the **Justice Legislation Further Amendment Act 2016** comes into operation;\n\n***validation period*** means the period from 1 January 2011 to the commencement date.\n\nS. 113GB inserted by No. 62/2014 s. 83.\n\n\t113GB 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 83 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. 113H inserted by No. 34/2010 s. 24.\n\n","sortOrder":194},{"sectionNumber":"113H","sectionType":"section","heading":"Resignation from office","content":"\t113H Resignation from office\n\nA judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.\n\nSs 113I–113K inserted by No. 34/2010 s. 24,  \nrepealed by No. 16/2016 s. 211.\n\nS. 113L inserted by No. 34/2010 s. 24.\n\n","sortOrder":195},{"sectionNumber":"113L","sectionType":"section","heading":"Performance of duties by judicial registrar","content":"\t113L Performance of duties by judicial registrar\n\n(1) A judicial registrar—\n\n(a) must not hear, or continue to hear, a proceeding (whether civil or criminal) 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 of the Court or an Associate Judge.\n\n(2) Subject to Division 2B of Part 2, section 113C and Division 2B, in the performance of his or her duties as a judicial registrar, a 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 Court has in the performance of his or her duties as a Judge.\n\nS. 113M inserted by No. 34/2010 s. 24, substituted by No. 62/2014 s. 84.\n\n **113M 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 25.\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—\n\n(i) in the case of a determination of the Court of Appeal constituted by a judicial registrar, by a Judge of Appeal; and\n\n(ii) in the case of a determination of the Trial Division constituted by a judicial registrar, by a Judge of the Court; and\n\n(b) otherwise in accordance with the Rules, if any.\n\n(5) This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance with section 17HA and the Rules.\n\nPt 7 Div. 2B (Heading and ss 113N–113P) inserted by No. 34/2010 s. 24.\n\nDivision 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals\n\nS. 113N inserted by No. 34/2010 s. 24.\n\n","sortOrder":196},{"sectionNumber":"113N","sectionType":"section","heading":"Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals","content":"\t113N Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals\n\nThe Chief Justice may assign a judicial registrar to the duties of—\n\n(a) the Registrar of Court of Appeal and Registrar of Criminal Appeals concurrently; or\n\n(b) the Registrar of Court of Appeal; or\n\n(c) the Registrar of Criminal Appeals.\n\nS. 113O inserted by No. 34/2010 s. 24.\n\n","sortOrder":197},{"sectionNumber":"113O","sectionType":"section","heading":"Functions of Registrar of the Court of Appeal","content":"\t113O Functions of Registrar of the Court of Appeal\n\nSubject to section 113C(3), the Registrar of the Court of Appeal is, subject to the general direction and control of the President and to the Rules, responsible for—\n\nS. 113O(a) amended by No. 44/2019 s. 38(1).\n\n(a) the preliminary examination of all applications and appeals made to the Court of Appeal, including all applications made to the Court of Appeal under Part 6.3 or 6.4 of Chapter 6 of the **Criminal Procedure Act 2009** and the Rules;\n\n(b) taking any action he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications and appeals to the Court of Appeal;\n\n(c) subject to section 11(4A), performing other duties and exercising other powers and authorities that are imposed or conferred on him or her by the President, this Act or any other Act or the Rules.\n\nS. 113P inserted by No. 34/2010 s. 24.\n\n","sortOrder":198},{"sectionNumber":"113P","sectionType":"section","heading":"Functions of the Registrar of Criminal Appeals","content":"\t113P Functions of the Registrar of Criminal Appeals\n\nSubject to section 113C(3), the Registrar of Criminal Appeals is, subject to the general direction and control of the President and to the Rules, responsible for—\n\nS. 113P(a) amended by No. 44/2019 s. 38(2).\n\n(a) the preliminary examination of all applications made to the Court of Appeal under Part 6.3 or 6.4 of Chapter 6 of the **Criminal Procedure Act 2009** and the Rules relating to criminal proceedings;\n\n(b) taking any action he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications to the Court of Appeal;\n\n(c) subject to section 11(4A), performing other duties and exercising other powers and authorities that are imposed or conferred on him or her by the President or by this Act or any other Act or the Rules.\n\nDivision 3—The sheriff\n\n","sortOrder":199},{"sectionNumber":"114","sectionType":"section","heading":"Definition","content":"\t114 Definition\n\nIn this Division ***sheriff*** includes a deputy sheriff.\n\nNo. 6387 s. 190.\n\n","sortOrder":200},{"sectionNumber":"115","sectionType":"section","heading":"Functions of sheriff","content":"\t115 Functions of sheriff\n\nS. 115(1)(2) repealed by No. 9/2009 s. 62.\n\n(3) Unless consent to the sheriff acting is given by or on behalf of the opposite party, if the sheriff is a party to or interested in or affected by any proceeding, any warrant or writ which would otherwise have been directed to the sheriff must be directed to a person or persons to be appointed by the Court in that behalf and any duty which would otherwise have been performed by the sheriff must be performed by the appointed person or persons.\n\nS. 116 repealed by No. 9/2009 s. 63.\n\nS. 117 repealed by No. 9/2009 s. 64.\n\nS. 118 repealed by No. 9/2009 s. 65.\n\nNo. 6387 s. 194.\n\n","sortOrder":201},{"sectionNumber":"119","sectionType":"section","heading":"Duties on arrest of civil debtors","content":"\t119 Duties on arrest of civil debtors\n\n(1) If an officer arrests or has in custody any person under the provisions of section 7 of the **Crown Proceedings Act 1958** or Division 6 of Part 6, that person must be lodged in the prison nearest to the place of arrest or, with that person's consent, in any other prison and, subject to subsection (2), that person must be detained in that prison until the Court orders his or her discharge or until he or she is otherwise discharged by due course of law.\n\n(2) During the first 24 hours after a person's arrest—\n\n(a) the arresting officer may, subject to such safeguards as the officer determines and at the expense of the arrested person, permit him or her to be under arrest in such premises approved by the arresting officer and located within 40 kilometres of the place of arrest as the person arrested nominates; and\n\n(b) the arrested person must be permitted to have at his or her own expense such food and drink as he or she desires and to communicate with such legal advisers, financial institutions and the like as he or she desires.\n\n(3) On the arrest of a person under the provisions referred to in subsection (1), the arresting officer must give a copy of this section to the arrested person and, if that person is unable to read, the arresting officer must also read this section to him or her.\n\n***officer*** includes sheriff and bailiff;\n\nS. 119(4)  \ndef. of  \n*prison* amended by Nos 16/1987 ss 4(3)(Sch. 1 item 21), 12(Sch. 2  \nitem 11), 48/2006 s. 42(Sch. item 34).\n\n***prison*** means a prison for the purposes of the **Corrections Act 1986**.\n\nNo. 6387 s. 195.\n\n","sortOrder":202},{"sectionNumber":"120","sectionType":"section","heading":"Liability for wrongful imprisonment","content":"\t120 Liability for wrongful imprisonment\n\n(1) A person unlawfully imprisoned by the sheriff or any of the sheriff's officers has an action against the sheriff in like manner as against any other person who should imprison him or her without warrant.\n\n(2) If a person in the custody of the sheriff or of any other person either in execution or for non-performance of a judgment or order of the Court or for contempt of the Court or otherwise in the course of a proceeding escapes out of legal custody, the sheriff or other person is liable to pay the damages sustained by the person at whose suit the prisoner was taken into custody and all costs of recovering those damages but not any further sum.\n\n(3) There is no liability under this section for the escape of a prisoner when confined in a prison.\n\nS. 121 amended by No. 57/1989 s. 3(Sch. item 192.2), repealed by No. 9/2009 s. 66.\n\nS. 121A inserted by No. 9/2008 s. 44, repealed by No. 9/2009 s. 67.\n\nS. 122 repealed by No. 9/2009 s. 68.\n\nNo. 6387 s. 198.\n\n","sortOrder":203},{"sectionNumber":"123","sectionType":"section","heading":"Punishment for misconduct","content":"\t123 Punishment for misconduct\n\n(1) If the sheriff or any person employed in levying or collecting debts due to the Crown by process of any court or any officer to whom the return or execution of warrants or other process belongs does any of the following things—\n\n(a) unlawfully lets go at large a prisoner or unlawfully withholds a prisoner entitled to be released;\n\n(b) grants a warrant for the execution of any process before actually receiving that process;\n\n(c) is guilty of an offence against or breach of the provisions of this Division or of any wrongful act or default in the execution of his or her office or of any contempt of the Court—\n\nhe or she, and any person procuring the commission of the offence, is, without prejudice to any other punishment under this Division, liable—\n\n(d) to be punished by the Court under subsection (2); and\n\n(e) to forfeit $400 to any aggrieved person and to pay all damages suffered by that person—\n\nand the forfeiture and damages may be recovered by the aggrieved person as a debt by a proceeding in the Court.\n\n(2) The Court may, on being satisfied that an offence referred to in subsection (1) has been committed, punish the offender or cause proceedings to be taken for the offender's punishment in like manner as a person guilty of contempt of the Court may be punished.\n\n(3) The Court may order the costs of, or occasioned by, a complaint to be paid by either party to the other.\n\nS. 124 amended by No. 57/1989 s. 3(Sch. item 192.3) repealed by No. 9/2009 s. 69.\n\nDivision 4—General\n\nNo. 6387 s. 201.\n\n","sortOrder":204},{"sectionNumber":"125","sectionType":"section","heading":"Extortion by and impersonation of court officials","content":"\t125 Extortion by and impersonation of court officials\n\nThe following persons are guilty of contempt of court and liable to be punished by the Court accordingly—\n\n(a) a court official who extorts, demands, takes or accepts from any person any unauthorised fee, gratuity or reward;\n\n(b) a court official who assumes or pretends to act as the holder of an office or position in or in relation to the Court which he or she does not hold;\n\n(c) any person who is not a court official and who assumes or pretends to act as a court official.\n\nS. 126 amended by No. 57/1989 s. 3(Sch. item 192.4), repealed by No. 9/2009 s. 70.\n\nNo. 6387 s. 203.\n\nS. 127 substituted by No. 18/1994 s. 66(Sch. 2 item 24.2).\n\n","sortOrder":205},{"sectionNumber":"127","sectionType":"section","heading":"Senior Master and court officials subject to audit for receipt of public money","content":"\t127 Senior Master and court officials subject to audit for receipt of public money\n\nThe accounts of the Senior Master, the Sheriff, the Prothonotary and the Registrar of Probates relating to the collection of public money must be audited by the Auditor-General or a person authorised by the Auditor-General.\n\nNo. 6387 s. 203A.\n\n","sortOrder":206},{"sectionNumber":"128","sectionType":"section","heading":"Money held under Act may be invested","content":"\t128 Money held under Act may be invested\n\n(1) Except as otherwise expressly provided, if any money is held by the Court—\n\n(a) as security for costs; or\n\n(b) as security for the release on bail of any person; or\n\n(c) under the Sheriff's Suitors and Revenue Account—\n\nthe whole or any part of the money, whether already in a state of investment or not, may be invested in one or more of the following ways—\n\nS. 128(1)(d) repealed by No. 11/2001 s. 3(Sch. item 71.2).\n\nS. 128(1)(e) repealed by No. 18/1994 s. 66(Sch. 2 item 24.3).\n\n(f) in any manner in which trust money may be invested by a trustee under the **Trustee Act 1958**;\n\n(g) 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 any rule of law, all income derived from the investment of money under subsection (1) must be paid into the Consolidated Fund.\n\nS. 128A inserted by No. 78/2000 s. 15.\n\n","sortOrder":207},{"sectionNumber":"128A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t128A Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 33ZD(b) of this Act and section 14 of the **Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000** to alter or vary section 85 of the **Constitution Act 1975**.\n\nNo. 6387 s. 205.\n\n","sortOrder":208},{"sectionNumber":"129","sectionType":"section","heading":"Regulations","content":"\t129 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 129(1)(a) substituted by No. 64/1990 s. 14(a).\n\n(a) the fees payable in respect of any matter in the Court;\n\nS. 129(1)(b) amended by No. 9/2009 s. 71.\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) prescribing a fund for the purposes of section 128(1)(g);\n\n(d) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.\n\n(2) A power conferred by subsection (1) 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\nS. 129(2)(d) amended by No. 64/1990 s. 14(b).\n\n(d) fees that vary according to value or time or class of matter;\n\nS. 129(2)(da) inserted by No. 62/2014 s. 108(1).\n\n(da) different fees for different classes of proceedings or different classes of party;\n\n(e) the manner of payment of fees;\n\n(f) the time or times at which fees are to be paid—\n\nand it is not necessary for the amount of any fee to be related to the cost of providing the service.\n\nS. 129(2A) inserted by No. 62/2014 s. 108(2).\n\n(2A) 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 (1)(a); and\n\n(e) provide for proportionate consequences of failure to pay any fee fixed under subsection (1)(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 (1)(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 (1)(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 of the Court, an Associate Judge, a judicial registrar or a specified court official or a specified class of 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. 129(3) inserted by No. 9/1995 s. 11(1), amended by No. 62/2014 s. 108(3).\n\n(3) Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (1)(a), the prothonotary or a deputy prothonotary 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 prescribed under subsection (1)(a), waive payment of that fee if, in his or her opinion, the payment of that fee by that person would cause him or her financial hardship and, in that case, that prescribed fee is not payable.\n\nS. 129(4) inserted by No. 62/2014 s. 108(4).\n\n(4) If the regulations provide for a remission or refund of a fee fixed under subsection (1)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.\n\nNew s. 129A inserted by No. 1/2022 s. 28, repealed by No. 110/1986 s. 129A(4).\n\nPt 7A (Headings and ss 129A–129D) inserted by No. 11/2020 s. 43, amended by No. 27/2020 s. 42, repealed by No. 110/1986 s. 129D (as amended by No. 27/2020 s. 42).\n\nPt 8 (Heading) substituted by No. 51/2000 s. 11(c).\n\n","sortOrder":209},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitionals and savings","content":"Part 8—Transitionals and savings\n\nSs 130–137 repealed by No. 51/2000 s. 11(d).\n\nS. 138 repealed by No. 52/1998  \ns. 311(Sch. 1 item 88.3).\n\n","sortOrder":210},{"sectionNumber":"139","sectionType":"section","heading":"Transitional and savings","content":"\t139 Transitional and savings\n\n(1) A person who was appointed to the office of Master before the commencement of this Act continues in that office without interruption until attaining the age of 70 years or, if appointed before the commencement of section 6(3) of the **Courts Amendment Act 1986**, 72 years.\n\n(2) Without limiting the generality of section 16(b) of the **Interpretation of Legislation Act 1984**, all rules of court made before the commencement of this Act under any Act or provision of an Act repealed by this Act, or having effect as if so made, continue (until amended or revoked under a power contained in this or any other Act or in any other enactment) to have the same operation and effect as they would have had if this Act had not been passed.\n\n(3) All Common Funds established before the commencement of this Act by or under the **Supreme Court Act 1958** and the Common Funds Guarantee and Reserve Account established under section 189 of that Act continue in existence despite the repeal of that Act.\n\n(4) Nothing in Division 3 of Part 7 affects—\n\n(a) any power, right, privilege, obligation, liability or duty of the sheriff or any of the sheriff's officers as existing by common law at the commencement of this Act; or\n\n(b) any investigation, legal proceeding or remedy in respect of any such power, right, privilege, obligation, liability or duty as is mentioned in paragraph (a)—\n\nand any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed.\n\n(5) Unless the contrary intention appears, a reference in any Act, subordinate instrument or other document—\n\n(a) to the Master in Equity or the Chief Clerk of the Court is to be construed as a reference to the Senior Master;\n\n(b) to the Master is to be construed as a reference to a Master.\n\nS. 139A inserted by No. 10/1999 s. 26, amended by No. 38/2017 s. 94.\n\n","sortOrder":211},{"sectionNumber":"139A","sectionType":"section","heading":"Transitional provision","content":"\t139A Transitional provision\n\nThe amendment of section 19 of this Act made by section 25 of the **Magistrates' Court (Amendment) Act 1999** applies to proceedings, whether commenced before or after the commencement of that section of that Act.\n\nS. 140  \nrepealed by No. 51/2000 s. 11(d), new s. 140 inserted by No. 78/2000 s. 16.\n\n","sortOrder":212},{"sectionNumber":"140","sectionType":"section","heading":"Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000","content":"\t140 Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000\n\nWithout limiting section 14 of the **Interpretation of Legislation Act 1984**, the repeal of sections 34 and 35 of this Act by section 14 of the **Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000** has no effect on a proceeding under those sections commenced before that repeal and not yet finally determined immediately before that repeal and any such proceeding may be continued in all respects as if those sections had not been repealed.\n\nS. 141 inserted by No. 17/2005 s. 8.\n\n","sortOrder":213},{"sectionNumber":"141","sectionType":"section","heading":"Transitional provision—Justice Legislation (Amendment) Act 2005","content":"\t141 Transitional provision—Justice Legislation (Amendment) Act 2005\n\nThe amendment of section 43 of this Act made by section 7(2) of the **Justice Legislation (Amendment) Act 2005** applies to an instrument or anything done or not done, irrespective of when the instrument was made or the thing was done or not done.\n\nS. 142 inserted by No. 24/2008 s. 73.\n\n","sortOrder":214},{"sectionNumber":"142","sectionType":"section","heading":"References","content":"\t142 References\n\nUnless the contrary intention appears, on and from the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008**, a reference in any Act (other than that Act), subordinate instrument or other document—\n\n(a) to a Master of the Supreme Court is to be construed as a reference to an Associate Judge of the Supreme Court; and\n\n(b) to the Senior Master is to be construed as a reference to the Associate Judge who is the Senior Master; and\n\n(c) to the Taxing Master is to be construed as a reference to the Associate Judge who is the Taxing Master.\n\nS. 142A inserted by No. 24/2008 s. 73 (as amended by No. 78/2008 s. 22).\n\n","sortOrder":215},{"sectionNumber":"142A","sectionType":"section","heading":"Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008","content":"\t142A Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Courts Legislation Amendment (Associate Judges) Act 2008** (including the repeals and amendments made by that Act).\n\n(a) have a retrospective effect to a day on or from the date that the **Courts Legislation Amendment (Associate Judges) Act 2008** received the Royal Assent; and\n\n(d) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.\n\n(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act, the **Charter of Human Rights and Responsibilities Act 2006** or the **Courts Legislation Amendment (Associate Judges) Act 2008**) or in any subordinate instrument.\n\nS. 143 inserted by No. 24/2008 s. 73 (as amended by No. 78/2008 s. 23(1)).\n\n","sortOrder":216},{"sectionNumber":"143","sectionType":"section","heading":"Masters to become Associate Judges","content":"\t143 Masters to become Associate Judges\n\n(1) On and from the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008**—\n\n(a) a person appointed to the office of Senior Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Senior Master appointed under section 104(2)(a) as substituted by section 28 of that Act without further appointment;\n\n(b) a person appointed to the office of Registrar of the Court of Appeal before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of the Court of Appeal appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;\n\n(c) a person appointed to the office of Registrar of Criminal Appeals before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of Criminal Appeals appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;\n\n(d) a person appointed to the office of Taxing Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Taxing Master appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;\n\n(e) a person appointed to the office of Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge appointed under section 104 as substituted by section 28 of that Act without further appointment.\n\n(2) Subsection (1) does not affect any salary, other remuneration, allowances or pension entitlements of any person referred to in that subsection.\n\n(3) Despite subsection (1), if the holder of an office referred to in subsection (1)(a) to (d) is, on the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008**, acting in an office referred to in any of those paragraphs, the person continues, on and from that commencement, to hold that office on an acting basis until the expiry of the acting appointment.\n\nS. 144 inserted by No. 24/2008 s. 73 (as amended by No. 78/2008 s. 23(2)).\n\n","sortOrder":217},{"sectionNumber":"144","sectionType":"section","heading":"Pension entitlements","content":"\t144 Pension entitlements\n\nNothing 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 29 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 104A 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 Master who resigned, retired or died before the commencement of section 29 of the **Courts Legislation Amendment (Associate Judges) Act 2008** or the spouse or partner or eligible child of such a Master, a reference to the annual salary for the time being payable under section 83A(1) of the **Constitution Act 1975** in respect of the office of Associate Judge equivalent to the office of that Master or, in the case of a former Master who held office as a Specialist Supreme Court Master referred to in the **Judicial Salaries Act 2004**, the annual salary for the time being applicable to the office of Specialist Supreme Court Master under that Act, as the case requires.\n\nS. 145 inserted by No. 78/2008 s. 9.\n\n","sortOrder":218},{"sectionNumber":"145","sectionType":"section","heading":"Pending matters—Taxing Master","content":"\t145 Pending matters—Taxing Master\n\n(1) If, immediately before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, any matter in relation to the assessment, settling, taxing or reviewing of costs was pending before the Taxing Master and the Taxing Master had not begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act as amended by the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**.\n\n(2) If, immediately before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, any matter in relation to the assessment, settling, taxing or review of costs was pending before the Taxing Master and the Taxing Master had begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act and for that purpose—\n\n(a) the matter is to be taken to have commenced in the Costs Court;\n\n(b) anything done in relation to the matter by the Taxing Master before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, is taken to have been done by the Costs Court;\n\n(c) the Costs Court may have regard to any record of the matter before the Taxing Master, including any record of any evidence taken in the matter;\n\n(d) the procedure applying in the Costs Court applies to the matter on and after the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**;\n\n(e) anything done or omitted to be done in relation to the matter by a party or any other person before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, under or in accordance with the procedure that applied before that commencement is to be taken, so far as is possible, to have been done or omitted to be done under or in accordance with the procedure applying on and after that commencement;\n\n(f) any order made by the Costs Court may only be reviewed or appealed against in accordance with this Act as amended by the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**.\n\n(3) This section applies irrespective of when the order for costs was made or the entitlement to costs arose in the proceeding to which the assessment, settling, taxing or reviewing of costs relates.\n\nS. 146 inserted by No. 78/2008 s. 9.\n\n","sortOrder":219},{"sectionNumber":"146","sectionType":"section","heading":"Pending matters—other courts and VCAT","content":"\t146 Pending matters—other courts and VCAT\n\n(1) If, immediately before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, any matter in relation to the assessment, settling, taxing or reviewing of costs was pending before the County Court, the Magistrates' Court or VCAT and the court or VCAT (as the case requires) had not begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act as amended by the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**.\n\n(2) Subsection (1) applies irrespective of when the order for costs was made or the entitlement to costs arose in the proceeding in the County Court, the Magistrates' Court or VCAT, as the case requires, to which the assessment, settling, taxing or reviewing of costs relates.\n\n(3) If, immediately before the commencement of section 5 of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**, any matter in relation to the assessment, settling, taxing or review of costs in the County Court, the Magistrates' Court or VCAT (as the case requires) was in existence and the court or VCAT had begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the County Court, the Magistrates' Court or VCAT (as the case requires) as if the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008** had not been enacted.\n\nS. 147 inserted by No. 78/2008 s. 9.\n\n","sortOrder":220},{"sectionNumber":"147","sectionType":"section","heading":"Power to resolve transitional difficulties in proceedings","content":"\t147 Power to resolve transitional difficulties in proceedings\n\n(1) If any difficulty arises because of the operation of section 145 or 146(1) and (2) in relation to a matter to which either of those sections apply, the Costs Court constituted by a Costs Judge may make an order it considers appropriate to resolve the difficulty.\n\n(2) An order made under subsection (1)—\n\n(a) may be made on application of a party to the proceeding or on the motion of the Costs Court, as the case requires; and\n\n(b) has effect despite any provision to the contrary made by or under any Act.\n\nS. 148 inserted by No. 78/2008 s. 9.\n\n","sortOrder":221},{"sectionNumber":"148","sectionType":"section","heading":"Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008","content":"\t148 Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008** (including the repeals and amendments made by that Act).\n\n(a) have a retrospective effect to a day on or from the date that the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008** receives the Royal Assent; and\n\n(d) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.\n\n(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act, the **Charter of Human Rights and Responsibilities Act 2006** or the **Courts Legislation Amendment (Costs Court and Other Matters) Act 2008**) or in any subordinate instrument.\n\nS. 149 inserted by No. 34/2010 s. 25.\n\n","sortOrder":222},{"sectionNumber":"149","sectionType":"section","heading":"Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010","content":"\t149 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010\n\n(1) The repeal of section 104(2)(b) by section 21 of the **Courts Legislation Miscellaneous Amendments Act 2010** does not affect any salary, other remuneration, allowances or pension entitlements of any person who was appointed to the office of Registrar of the Court of Appeal or appointed to the office of Registrar of Criminal Appeals before that repeal.\n\n(2) Nothing in section 21 of the **Courts** **Legislation Miscellaneous Amendments Act 2010** affects the pension entitlements of any Master or Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of that section of that Act or the spouse or partner or eligible child of such a person and—\n\n(a) subject to paragraph (b), those entitlements continue in existence as if section 104(2)(b) had not been repealed;\n\n(b) a reference in section 104A 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 Master or an Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of section 21 of the **Courts Legislation Miscellaneous Amendments Act 2010** or the spouse or partner or eligible child of such a person, a reference to the annual salary for the time being payable under section 83A(1) of the **Constitution Act 1975** in respect of the office of Registrar of the Court of Appeal or the office of Registrar of Criminal Appeals, as the case requires, as referred to in the **Judicial Salaries Act 2004**.\n\nS. 150 inserted by No. 34/2010 s. 25.\n\n","sortOrder":223},{"sectionNumber":"150","sectionType":"section","heading":"Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010","content":"\t150 Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Courts** **Legislation Miscellaneous Amendments Act 2010** (including the repeals and amendments made by that Act).\n\n(a) have a retrospective effect to a day on or from the date that the **Courts** **Legislation Miscellaneous Amendments Act 2010** receives the Royal Assent; and\n\n(d) provide for the exemption of persons or proceedings or a class of persons or class of proceedings from any of the regulations made under this section.\n\n(3) Regulations under this section have effect despite anything to the contrary in—\n\n(a) any Act (other than this Act, the **Charter of Human Rights and Responsibilities Act 2006** or the **Courts Legislation Miscellaneous Amendments Act 2010**); or\n\n(b) any subordinate instrument.\n\nS. 151 inserted by No. 5/2013 s. 21, repealed by No. 110/1986 s. 151(4).\n\nS. 152 inserted by No. 58/2013 s. 57.\n\n","sortOrder":224},{"sectionNumber":"152","sectionType":"section","heading":"Savings—Open Courts Act 2013","content":"\t152 Savings—Open Courts Act 2013\n\n(1) Despite the repeal of sections 18 and 19 by the **Open Courts Act 2013**, sections 18 and 19 (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 18 by the **Open Courts Act 2013**, an order made under section 18 (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. 153 inserted by No. 68/2013 s. 10.\n\n","sortOrder":225},{"sectionNumber":"153","sectionType":"section","heading":"Transitional—Courts and Other Justice Legislation Amendment Act 2013","content":"\t153 Transitional—Courts and Other Justice Legislation Amendment Act 2013\n\nSection 17A(3C) does not apply in respect of an application under section 459G of the Corporations Act to set aside a statutory demand if the application was commenced before the commencement of section 9 of the **Courts and Other Justice Legislation Amendment Act 2013**.\n\nS. 154 inserted by No. 62/2014 s. 8.\n\n","sortOrder":226},{"sectionNumber":"154","sectionType":"section","heading":"Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014","content":"\t154 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014\n\n(1) The amendments made to this Act by Part 2 of the **Courts Legislation Miscellaneous Amendments Act 2014** apply in relation to any application or proceeding in the Court of Appeal, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) commenced on or after the commencement of that Part.\n\n(2) The amendments made to this Act and to any other Act under which an application or a proceeding in the Court of Appeal may be commenced, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) by Part 2 of the **Courts Legislation Miscellaneous Amendments Act 2014** do not apply in relation to that application or proceeding if—\n\n(a) the application or proceeding commenced before the commencement of Part 2 of the **Courts Legislation Miscellaneous Amendments Act 2014**; and\n\n(b) the Court of Appeal has begun to hear and determine that application or proceeding before the commencement of that Part.\n\n(3) If an application or a proceeding in the Court of Appeal, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) has commenced before the commencement of Part 2 of the **Courts Legislation Miscellaneous Amendments Act 2014** but the Court of Appeal has not begun to hear and determine that application or proceeding before the commencement of that Part, the amendments made to this Act and any other Act under which that application or proceeding is commenced do not apply in relation to that application or proceeding, unless the Court of Appeal otherwise orders.\n\nS. 155 inserted by No. 62/2014 s. 8.\n\n","sortOrder":227},{"sectionNumber":"155","sectionType":"section","heading":"Power to resolve transitional difficulties in proceeding","content":"\t155 Power to resolve transitional difficulties in proceeding\n\n(1) If any difficulty arises because of the operation of Part 2 of the **Courts Legislation Miscellaneous Amendments Act 2014** in relation to an application or a proceeding, the Court may make any order it considers appropriate to resolve the difficulty.\n\n(2) An order made under subsection (1)—\n\n(a) may be made on application of a party to the application or proceeding or on the Court's own motion; and\n\n(b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 156 inserted by No. 62/2014 s. 8, repealed by No. 110/1986 s. 156(4), new s. 156 inserted by No. 33/2018 s. 65.\n\n","sortOrder":228},{"sectionNumber":"156","sectionType":"section","heading":"Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018","content":"\t156 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018\n\nThe amendment made to section 25 by the **Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018** does not affect the validity or operation of any Rules of Court made under that section as in force immediately before that amendment.\n\nS. 156A inserted by No. 11/2020 s. 44.\n\n\t156A Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020\n\nOn and after the repeal of section 129B, 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\nSch.  \namended by Nos 55/1987 s. 57(1), 53/1988 s. 45(Sch. 3 item 75) (as amended by No. 47/1989 s. 23(2)), 124/1993 s. 4(4), 52/1994 s. 97(Sch. 3 items 31.1, 31.2), repealed by No. 51/2000 s. 11(d).\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\n*Minister's second reading speech—*\n\n*Legislative Assembly: 23 October 1986*\n\n*Legislative Council: 5 December 1986*\n\nThe long title for the Bill for this Act was \"A Bill to amend and consolidate the law relating to the Supreme Court, to repeal the **Supreme Court Act 1958**, to amend the **Constitution Act 1975**, to amend various Acts in relation to procedure in the Supreme Court, to vary the law applicable to civil litigation in Victoria and for other purposes.\".\n\nThe **Supreme Court Act 1986** was assented to on 16 December 1986 and came into operation on 1 January 1987: section 2.\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 **Supreme Court Act 1986** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | S. 151(4) inserted on 27.2.13 by No. 5/2013 s. 21: s. 2(1); s. 156(4) inserted on 10.11.14 by No. 62/2014 s. 8: Special Gazette (No. 364) 14.10.14 p. 1; s. 129D inserted on 25.4.20 by No. 11/2020 s. 43: s. 2 (as amended by No. 27/2020 s. 42); s. 129A(4) inserted on 29.3.22 by No. 1/2022 s. 28: Special Gazette (No. 157) 29.3.22 p. 1 |\n| Note: | S. 151(4) repealed s. 151 on 27.12.15; s. 156(4) repealed s. 156 on 10.11.16; s. 129D repealed Pt 7A (ss 129A–129D) on 26.4.21; s. 129A(4) repealed s. 129A on 29.3.24 |\n\n**Community Services Act 1987, No. 16/1987**\n\n| Assent Date: | 12.5.87 |\n| Commencement Date: | Ss 4(3)(Sch. 1 item 21), 12 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 item 11 on 15.3.89: Government Gazette 15.3.89 p. 587 |\n\n**State Trust Corporation of Victoria Act 1987, No. 55/1987**\n\n| Assent Date: | 27.10.87 |\n| Commencement Date: | 2.11.87: Government Gazette 28.10.87 p. 2925 |\n\n**Subdivision Act 1988, No. 53/1988** (as amended by No. 47/1989)\n\n| Assent Date: | 31.5.88 |\n| Commencement Date: | 30.10.89: Government Gazette 4.10.89 p. 2532 |\n\n**Legal Profession Practice (Amendment) Act 1989, No. 35/1989**\n\n| Assent Date: | 6.6.89 |\n| Commencement Date: | S. 23 on 20.9.89: Government Gazette 20.9.89 p. 2404 |\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: | Ss 3, 4, 7, 8 on 1.1.91: Government Gazette 19.12.90 p. 3750; s. 14 on 18.11.91: Government Gazette 13.11.91 p. 3083 |\n\n**Crimes (Sexual Offences) Act 1991, No. 8/1991**\n\n| Assent Date: | 16.4.91 |\n| Commencement Date: | S. 19(1) 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: | 18.6.96 |\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**Health and Community Services (Further Amendment) Act 1993, No. 124/1993**\n\n| Assent Date: | 7.12.93 |\n| Commencement Date: | S. 4(4) on 18.12.94: Government Gazette 15.12.94 p. 3308 |\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**State Trustees (State Owned Company) Act 1994, No. 45/1994**\n\n| Assent Date: | 7.6.94 |\n| Commencement Date: | Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1 |\n\n**Catchment and Land Protection Act 1994, No. 52/1994**\n\n| Assent Date: | 15.6.94 |\n| Commencement Date: | S. 97(Sch. 3 items 31.1, 31.2) on 15.12.94: 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 7(5), 11(1) 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: | S. 20 on 28.9.95: Government Gazette 28.9.95 p. 2731 |\n\n**Consumer Credit (Victoria) Act 1995, No. 41/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 62(Sch. 1 item 8) on 1.11.96: Government Gazette 29.8.96 p. 2274 |\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 453(Sch. 1 items 80.1–80.10) 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 10 (ss 41–43), s. 48 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. 5 on 22.12.97: Government Gazette 18.12.97 p. 3612 |\n\n**Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997**\n\n| Assent Date: | 2.12.97 |\n| Commencement Date: | S. 53 on 1.8.98: s. 2(8) |\n\n**Legal Practice (Amendment) Act 1997, No. 102/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 49(Sch item 5) on 16.12.97: s. 2(1) |\n\n**State Trustees (Amendment) Act 1998, No. 15/1998**\n\n| Assent Date: | 28.4.98 |\n| Commencement Date: | S. 11 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**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** (as amended by No. 101/1998)\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 item 88) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Magistrates' Court (Amendment) Act 1999, No. 10/1999**\n\n| Assent Date: | 11.5.99 |\n| Commencement Date: | Ss 25, 26 on 11.5.99: s. 2(1) |\n\n**Public Prosecutions (Amendment) Act 1999, No. 62/1999**\n\n| Assent Date: | 21.12.99 |\n| Commencement Date: | 22.12.99: s. 2 |\n\n**Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000**\n\n| Assent Date: | 5.9.00 |\n| Commencement Date: | Ss 10, 11 on 6.9.00: s. 2(1) |\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 122) on 22.11.00: s. 2(1) |\n\n**Courts and Tribunals Legislation (Miscellaneous Amendment) Act 2000, No. 78/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | S. 13 on 1.1.00: s. 2(2); ss 14–16 on 28.11.00: 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 71) on 1.6.01: s. 2(2) |\n\n**Constitution (Supreme Court) Act 2001, No. 12/2001**\n\n| Assent Date: | 22.5.01 |\n| Commencement Date: | S. 6 on 1.1.00: s. 2(2); s. 5 on 23.5.01: s. 2(1) |\n\n**Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001**\n\n| Assent Date: | 29.5.01 |\n| Commencement Date: | Ss 19–21 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 107) on 15.7.01: s. 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 59) on 24.4.02: s. 2(1) |\n\n**Supreme Court (Vexatious Litigants) Act 2003, No. 71/2003**\n\n| Assent Date: | 14.10.03 |\n| Commencement Date: | 15.10.03: 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 3, 4, 12 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: | S. 12 on 2.6.04: 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 194) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005**\n\n| Commencement Date: | S. 6 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1 |\n\n**Justice Legislation (Amendment) Act 2005, No. 17/2005**\n\n| Commencement Date: | Ss 7, 8 on 1.9.05: s. 2(2) |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Commencement Date: | S. 18(Sch. 1 item 103) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 34) on 23.4.07: s. 2(3) |\n\n**Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | Ss 3, 10(2)–(4) on 27.6.07: s. 2 |\n\n**Criminal Procedure Legislation Amendment Act 2008, No. 8/2008**\n\n| Assent Date: | 18.3.08 |\n| Commencement Date: | S. 9 on 1.7.08: s. 2(5); s. 12(2) on 1.7.10: s. 2(3) |\n\n**Infringements and Other Acts Amendment Act 2008, No. 9/2008**\n\n| Assent Date: | 18.3.08 |\n| Commencement Date: | S. 44 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 |\n\n**Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | Ss 16–18 on 4.6.08: s. 2(1) |\n| Current State: | This information relates only to the provisions amending the **Supreme Court Act 1986** |\n\n**Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008**  \n(as amended by No. 78/2008)\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | Ss 13–42, 73, 89 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 |\n| Current State: | This information relates only to the provisions amending the **Supreme Court Act 1986** |\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: | Ss 3–9 on 31.12.09: 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 25) 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: | Ss 57–71 on 1.10.09: Government Gazette 1.10.09 p. 2539 |\n\n**Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009**\n\n| Assent Date: | 8.9.09 |\n| Commencement Date: | Ss 3–6 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 116) 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 2 item 48) on 1.1.10: s. 2(2) |\n\n**Credit (Commonwealth Powers) Act 2010, No. 11/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 58 on 1.7.10: Government Gazette 24.6.10 p. 1273 |\n\n**Justice Legislation Amendment Act 2010, No. 30/2010**\n\n| Assent Date: | 8.6.10 |\n| Commencement Date: | S. 94 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. 51 on 16.6.10: s. 2(3); ss 9–25 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 105, 106 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 80–82 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: | Ss 65, 66 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 14) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n\n**Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012**\n\n| *Assent Date:* | 29.5.12 |\n| *Commencement Date:* | S. 72 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: | Ss 6, 7 on 21.11.12: s. 2(1) |\n\n**Criminal Organisations Control Act 2012, No. 80/2012**\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | S. 139 on 13.3.13: Special Gazette (No. 86) 13.3.13 p. 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 15–21 on 27.2.13: s. 2(1) |\n\n**Open Courts Act 2013, No. 58/2013**\n\n| Assent Date: | 22.10.13 |\n| Commencement Date: | Ss 54–57 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 16–25, 62–64 on 1.2.14: s. 2(2) |\n\n**Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | Ss 9, 10 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 |\n\n**Court Services Victoria Act 2014, No. 1/2014**\n\n| Assent Date: | 11.2.14 |\n| Commencement Date: | S. 75 on 1.7.14: s. 2(2) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014** (as amended by No. 8/2015)\n\n| Assent Date: | 25.3.14 |\n| Commencement Date: | S. 160(Sch. 2 item 93) 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. 9 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 162) 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: | Ss 102, 103 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: | S. 108 on 10.9.14: s. 2(1); ss 3–8, 80–84 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |\n\n**Judicial Entitlements Act 2015, No. 29/2015**\n\n| Assent Date: | 11.8.15 |\n| Commencement Date: | Ss 59, 60 on 12.8.15: s. 2(1) |\n\n**Justice Legislation Further Amendment Act 2016 No. 3/2016**\n\n| *Assent Date:* | 16.2.16 |\n| *Commencement Date:* | Ss 22, 45–47 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 207–211 on 1.7.17: s. 2(2) |\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. 94 on 30.8.17: s. 2(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. 16 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1 |\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 367 on 3.9.18: Special Gazette (No. 356) 31.7.18 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 63–65 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 52) on 1.3.20: s. 2(2) |\n\n**Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019**\n\n| Assent Date: | 19.11.19 |\n| Commencement Date: | S. 38 on 4.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |\n\n**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**\n\n| Assent Date: | 24.4.20 |\n| Commencement Date: | Ss 43, 44 on 25.4.20: s. 2 |\n\n**Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020**\n\n| Assent Date: | 30.6.20 |\n| Commencement Date: | Ss 3−5 on 1.7.20: 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. 42 on 21.10.20: s. 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: | Ss 51, 52 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: | S. 10 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 25–28 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 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 36) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\n**Criminal Organisations Control Amendment Act 2024, No. 37/2024**\n\n| Assent Date: | 22.10.24 |\n| Commencement Date: | S. 115 on 25.8.25: s. 2(2) |\n\n––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 3(1) def. of ***Chief Justice***: Sections 29, 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-2)\n\n2. S. 3(1) def. of ***Court of Appeal***: See note 1. [↑](#endnote-ref-3)\n\n3. S. 3(1) def. of ***Full Court*** (*repealed*): See note 1. [↑](#endnote-ref-4)\n\n4. S. 3(1) def. of ***Judge of Appeal***: See note 1. [↑](#endnote-ref-5)\n\n5. S. 3(1) def. of ***President***: See note 1. [↑](#endnote-ref-6)\n\n6. S. 3(1) def. of ***Trial Division***: See note 1. [↑](#endnote-ref-7)\n\n7. Ss 8, 9 (*repealed*): See note 1. [↑](#endnote-ref-8)\n\n8. Pt 2 Div. 2: See note 1. [↑](#endnote-ref-9)\n\n9. Pt 2 Div. 2A: See note 1. [↑](#endnote-ref-10)\n\n10. S. 20A: See note 1. [↑](#endnote-ref-11)\n\n11. S. 24A: Section 48 of the **Courts and Tribunals (General Amendment) Act 1996**, No. 64/1996 reads as follows:\n\n  48 Supreme Court Act 1986—transitional provision\n\n  (1) The amendment made by section 43 to the **Supreme Court Act 1986** applies only to proceedings commenced after the commencement of that section. [↑](#endnote-ref-12)\n\n12. S. 25: See note 1. [↑](#endnote-ref-13)\n\n13. S. 25(1)(eb): 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-14)\n\n14. S. 25(1)(ec): See note 13. [↑](#endnote-ref-15)","sortOrder":229}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s stated purpose is to amend and consolidate Supreme Court law (s.1). The enacted provisions go beyond mere textual consolidation: they establish and regulate substantive institutional features (formalising Associate Judges and their pension/actuarial regime (s.104; s.104A–104D; s.104AB)), create and reallocate jurisdictions and procedures (Costs Court matters and transitional transfers in s.145–147), and grant broad executive and administrative powers over fees, exemptions and court administration (s.129). Those concrete additions expand the Act’s operational scope from simple consolidation to include material changes in Court structure, public financial obligations and delegated administrative discretion. The Act also embeds multiple transitional and retrospective regulation powers (s.142A; s.148; s.150), further extending its practical scope."},"complexity_factors":["Extensive cross‑references and definitions that connect procedure, offices and external Acts (eg. definitions in s.3(1) referencing Civil Procedure Act 2010; pension and administration references to Guardianship and Administration Act 2019 and Constitution Act provisions).","Creation and detailed regulation of judicial offices and pension entitlements with actuarial calculations and commutation mechanics (s.104; s.104A–104D; s.104AB).","Broad executive regulation‑making powers over fees, exemptions, classes and procedural detail with delegated discretionary powers to court officials (s.129(1); s.129(2A)(h)–(i)).","Multiple procedural regimes with strict formal requirements (arrest orders, endorsements, security types, fee receipts and sheriff procedures in s.86–101) increasing procedural complexity and compliance burden.","Interaction of Court-held money investment rules with public finance (investment of trust money, prescribed fund, and mandatory remittance of investment income to Consolidated Fund in s.128).","Specialised remedies and transitional rules for pending matters across different courts (Costs Court conversion provisions s.145–147; transitional regulation powers s.142A, s.148, s.150), which complicate applicability over time.","Overlap of interest, damages and costs rules with multiple exclusions and exceptions (s.57–61), requiring careful application in different types of proceedings.","Provisions preserving older rules and converting existing offices (s.139, s.143) that require historic knowledge to determine applicable law for particular actors or matters."],"plain_english_summary":"What this law does, in plain terms\n\n- At the top level the Act amends and brings together the law about the Supreme Court and how it works (s.1). It started operating from 1 January 1987 (s.2).\n\n- The Act sets out a large number of procedural rules the Court uses day‑to‑day. Examples include rules about: interest on judgments (s.58, s.60, s.101); when the Court can decide a case on written submissions alone (s.62); calling expert or specially qualified assessors or obtaining a practitioner's written opinion (s.77–78); and requiring practitioners or practices to produce bills or documents on order (s.76).\n\n- It creates and defines particular offices and roles used by the Court. Notably it provides for Associate Judges (appointment, eligibility, tenure and retirement) and related salary and pension arrangements (s.3(1) definitions; s.104; s.104A–104D; s.104AB). It also preserves continuity for earlier officeholders (Masters → Associate Judges) and implements transitional arrangements (s.139; s.142–s.145).\n\n- The Act sets out remedies and processes affecting private parties and property: landlord/tenant recovery and relief from forfeiture (s.79–85); mortgage redemption procedures (s.84); rules for arrest on mesne process and the security and procedural steps required for arrest orders (s.86–101); and rights and duties of sureties and co‑liabilities (s.52).\n\n- It regulates money the Court holds and how it is treated. Money held as security for costs, bail or in sheriff accounts may be invested as trustee money and invested deposits may be placed in a prescribed fund; however all income from such investments must be paid into the Consolidated Fund (s.128(1)(f), (g); s.128(2)). The Governor in Council may make regulations prescribing the fund and investment rules (s.129(1)(c)).\n\n- The Act gives the executive and court officials significant rule‑making and discretion on fees, exemptions and the practical administration of Court services. The Governor in Council may make regulations about fees (what they are, maximums/minimums, classes, timing) and may provide for exemptions, waivers, postponements and the power to leave matters to particular court officials (s.129(1); s.129(2) and s.129(2A)). Separately, the prothonotary (or deputy) may waive prescribed fees where payment would cause financial hardship, after considering income, living expenses, liabilities and assets (s.129(3)).\n\n- The Act contains provisions to protect children’s money and property dealt with in civil proceedings. Money ordered for a child generally must be paid into court and administered under the Court’s direction and the Court’s order operates as an administration order under the Guardianship and Administration Act 2019 (s.51A).\n\n- It preserves and details contempt powers and offences connected to court business and court officials (s.61; s.124–125). It also provides auditing requirements for accounts used to collect public money (s.127).\n\nOfficial purpose claim and practical mechanics\n\n- The Act itself states its purpose is to amend and consolidate Supreme Court law (s.1). Mechanically, it does that but also embeds substantive institutional and administrative changes: it establishes detailed pension and actuarial rules for Associate Judges (s.104A–104D), creates or formalises parts of the Court’s internal structure (Associate Judges, Costs Court; definitions in s.3(1)), sets new procedures for arrest and security (s.86–101), and gives broad regulation‑making powers about fees and court administration (s.129).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: litigants and parties to proceedings are the primary payers of fees and costs that the Act contemplates; judgment debts carry statutory interest for the debtor (s.58; s.60; s.101). Money paid into court as security, bail or under sheriff accounts is invested but income from those investments is paid to the Consolidated Fund (s.128(1)(f), (g); s.128(2)). Pension liabilities for Associate Judges are public (paid from Consolidated Fund) and involve actuarial determination (s.104A; s.104C; s.104D).\n\n- Who decides: the Governor in Council has broad power to make regulations about fees, funds and other matters (s.129(1), s.129(2A)). Judges, Associate Judges, judicial registrars and specified court officials may be given discretion under regulations to make case‑by‑case decisions (s.129(2A)(h)–(i)). The prothonotary has a statutory power to waive a prescribed fee on hardship grounds (s.129(3)). The Court (Judge) decides wardship for minors and many relief or discretionary applications (s.102; s.80; s.85).\n\n- Behaviour the Act alters: litigants face clearer rules about when arrest or security may be sought (s.87–91); parties expecting to receive periodic payments have statutory apportionment rules (s.53–56); lenders and sureties have specified rights on payment and recovery (s.52); legal practitioners can be required to produce bills and may have their fees and conduct scrutinised (s.76; s.77–78); and persons handling money for children must route funds into court administration (s.51A). The Act centralises many administrative decisions (fees, exemptions, fee waivers, investment rules) with the executive and specific court officers (s.129; s.128).\n\nCosts, incentives, trade‑offs and implementation risks (source‑grounded)\n\n- Concentrated benefits and public costs: the Act creates defined pension entitlements for Associate Judges and related actuarial processes (s.104A–104D). Those are explicit public liabilities funded from the Consolidated Fund (s.104A). The creation or formalising of offices (Associate Judges, Costs Court) concentrates benefits on officeholders while imposing budgetary and administrative costs on the public sector.\n\n- Administrative discretion and compliance burden: the Act gives the Governor in Council wide regulation‑making powers over fees and exemptions (s.129(1); s.129(2A)) and permits regulations to leave matters to court officials (s.129(2A)(h)–(i)). That structure centralises decision‑making but also creates administrative discretion where practical outcomes (who pays, when, and how much) may vary by regulation or local official decision. Litigants and practitioners must comply with endorsement, service and security procedural rules for arrest and recovery (s.92–99), producing potential procedural complexity and costs.\n\n- Effects on private choice and markets: fee regulation and the power to vary fees or create classes of proceedings (s.129(2)) can change the cost of using the Court, which can influence parties’ decisions to litigate or to settle. The Court’s rules on delivery of bills or documents (s.76) and the Costs Court’s role (defined elsewhere in the Act and referenced in definitions) affect how legal services are priced and challenged. Mortgagee/landlord relief and the summary relief powers (s.79–85) alter remedies available in property disputes and thus affect contractual enforcement expectations.\n\n- Opportunity cost and substitution effects: requiring funds held by the Court to have their investment income paid into the Consolidated Fund (s.128(2)) means income that might otherwise be retained locally or used to offset fees is instead public revenue. Similarly, fee waivers (s.129(3)) are a discretionary relief mechanism that substitutes administrative assessment for market payment; their availability is limited and contingent on officer discretion.\n\n- Implementation risk and legal certainty: the Act contains multiple transitional and retrospective regulation powers (eg. s.142A; s.148; s.150) and preserves certain prior rules for pending matters (eg. s.145–146; s.152). Those transitional mechanics can complicate determination of which procedural rules apply to a given matter and create short‑term uncertainty for litigants and lawyers during changeovers.\n\nWhere to look in the Act for specific mechanics\n\n- Fee and regulatory powers: s.129 (and s.129(2A) for exemptions and delegation); prothonotary waiver: s.129(3).\n- Arrest and security procedures: s.86–101 (threshold affidavit, security forms, endorsement and delivery rules).\n- Associate Judges and pensions: s.104; s.104A–104D; part‑time pension adjustments: s.104AB; actuarial and commutation steps: s.104B–104D.\n- Child money administration: s.51A.\n- Interest and judgment interest: s.57–61; s.101.\n- Court investment and Consolidated Fund requirement: s.128(1)(f), (g); s.128(2).\n- Transitional continuities and conversions (Masters → Associate Judges, Costs Court matters): s.139; s.142–s.147.\n\nBottom line (mechanical): the Act is a consolidation instrument that also establishes and allocates detailed institutional powers, procedural rules, financial arrangements for court‑held funds and judicial pensions, and a broad regulatory architecture for fees and exemptions. Those mechanics change who pays and when, vest significant administrative discretion in the Governor in Council and specified court officials, and create explicit public funding obligations (notably pensions and transfers of investment income to the Consolidated Fund)."},"kimi_summary":{"_metrics":{"completionTokens":754},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1986 scope. Originally a consolidation of Supreme Court procedure, it now includes: a dedicated Costs Court (2008), judicial registrars (2010), reserve Associate Judges (2013), group costs orders for class actions (2020), electronic document provisions (2018), and extensive pension commutation rules for superannuation surcharges (2001). The Act has become a comprehensive governance framework for Victorian superior courts rather than purely procedural law."},"complexity_factors":["Extensive cross-referencing with other Acts (Constitution Act 1975, Civil Procedure Act 2010, Criminal Procedure Act 2009, Legal Profession Uniform Law, etc.)","Multiple overlapping judicial roles with hierarchical powers (Judges, Associate Judges, Judicial Registrars, Costs Judges, costs registrars)","Detailed pension and superannuation provisions with actuarial calculations (sections 104A-104J)","Complex transitional provisions preserving rights across multiple legislative amendments (Part 8)","Nested exceptions and conditional logic in appeal rights (sections 14A-14D, 17A)","Group proceedings (class actions) framework with opt-out mechanisms, sub-groups, and distribution funds (Part 4A)","Multiple versions of rules and savings provisions from 30+ amending Acts","Technical financial provisions for Common Funds with investment authority and interest allocation (sections 113-113A)"],"plain_english_summary":"**What this Act does:**\n\nThis is the **Supreme Court Act 1986** (Victoria), which establishes and governs the highest court in Victoria's judicial system. Think of it as the 'rulebook' for how the Supreme Court operates.\n\n**Key things it covers:**\n\n- **Court structure**: The Supreme Court has two main divisions—the **Court of Appeal** (which hears appeals from lower courts and the Trial Division) and the **Trial Division** (which conducts original trials and hearings)\n\n- **Who can hear what**: The Act sets out which judges can hear which matters—Judges of the Court, Associate Judges (formerly called Masters), and Judicial Registrars each have defined roles and powers\n\n- **Group proceedings** (class actions): Part 4A allows multiple people with similar claims to sue together as a group, with special rules for how these cases are managed, settled, and paid out\n\n- **Costs Court**: A specialised court within the Supreme Court that handles disputes about legal costs—how much lawyers can charge and who pays\n\n- **Powers and procedures**: The Court can grant injunctions (court orders stopping someone from doing something), appoint receivers, make declaratory judgments, and enforce its decisions\n\n- **Court officers**: Rules for appointing Associate Judges, Judicial Registrars, the Sheriff, and other court staff\n\n- **Common Funds**: Special investment funds where money held by the court (for example, in trust for children or estates) can be invested\n\n**Who it affects:**\nAnyone involved in serious civil litigation in Victoria, anyone appealing a decision from a lower court, lawyers practising in the Supreme Court, and judicial officers themselves.\n\n**Why it matters:**\nThis Act ensures the Supreme Court operates fairly, efficiently, and with clear rules—it's the foundation of Victoria's superior court system and affects how justice is administered at the highest level in the state."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original purpose of establishing and regulating the Supreme Court of Victoria. Amendments over the years have updated and modernised provisions but have not fundamentally shifted the Act's core scope."},"complexity_factors":["Foundational constitutional-style legislation that underpins the entire Supreme Court structure, requiring understanding of court hierarchy","Covers multiple distinct areas simultaneously: judicial appointments, jurisdiction, appeals, and procedural rules","Interacts with numerous other Acts and court rules (e.g., Civil Procedure Act, Criminal Procedure Act, Supreme Court Rules)","Has been amended many times since 1986, meaning the consolidated version layers changes over the original text","Technical legal concepts such as jurisdiction, interlocutory orders, and prerogative writs are embedded throughout","Provisions about judicial tenure and conduct involve constitutional conventions not fully spelled out in the text itself","Limited information was provided in the source material, making a complete analysis difficult — actual complexity of the full Act may be higher"],"plain_english_summary":"## Supreme Court Act 1986 (Victoria)\n\nThis Act establishes and governs the **Supreme Court of Victoria** — the highest court in the state. It sets out the rules for how the court operates, who can be appointed as judges, and how legal proceedings are managed.\n\n**Who does this affect?**\n- Anyone involved in serious civil disputes (e.g., major contract disagreements, property claims)\n- Anyone involved in serious criminal matters heard at the Supreme Court level\n- Lawyers practising in Victoria\n- Judges and court staff\n\n**Key things it covers:**\n- The structure and organisation of the Supreme Court\n- How judges are appointed, their tenure (length of time in the role), and conduct\n- The Court of Appeal (the division that reviews decisions made by lower courts)\n- Rules about how cases are filed, heard, and decided\n- The court's jurisdiction (what types of cases it has the power to hear)\n- Powers to make procedural rules (the formal steps that must be followed in court proceedings)\n\n**Why does it matter?**\nThis is foundational legislation — it literally creates and empowers Victoria's highest court. Without it, there would be no clear legal basis for the Supreme Court to operate. If you're involved in significant legal action in Victoria, or if a lower court decision has gone against you and you want to appeal, this Act governs the institution that will ultimately decide your case."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-act-1986","history":"/api/acts/supreme-court-act-1986/history","analysis":"/api/acts/supreme-court-act-1986/analysis","conflicts":"/api/acts/supreme-court-act-1986/conflicts","importantCases":"/api/acts/supreme-court-act-1986/important-cases","documents":"/api/acts/supreme-court-act-1986/documents"}}