VICIn ForceAct
County Court Act 1958
17KPayment and commutation of pensions of former associate judges' partners and eligible children 108
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17K Payment and commutation of pensions of former associate judges' partners and eligible children 108
Division 3AB—Reserve associate judges 109
17KA Appointment of reserve associate judges 109
17KB Cessation of office 110
17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge 110
17KD Powers, jurisdiction, immunities and protection of reserve associate judge 111
17KE Pension rights and service not affected by being a reserve associate judge 111
17KF Engaging in legal practice or other paid employment 111
17KG Salary, allowances and conditions of service of reserve associate judges 112
17KH Appropriation of certain amounts in relation to reserve associate judges 113
17KI Power to complete matters—associate judges and reserve associate judges 114
Division 3B—Judicial registrars 116
17L Assignment of duties 116
17M Guidelines relating to the appointment of judicial registrars 116
17N Recommendation for appointment of judicial registrars 117
17O Appointment by Governor in Council 117
17P Remuneration and terms and conditions of appointment 118
17PA Oath or affirmation of office 120
17Q Resignation from office 120
17U Performance of duties by judicial registrar 121
17V Appeal from or review of determination of court constituted by judicial registrar 121
Division 4—Registrars 122
18 Appointment of registrar and deputy registrars 122
19 Protection of registrars 123
21 Duties of registrar 124
21A Moneys held under Act may be invested 125
22 Power to registrar to administer oaths and affirmations 126
Division 4A—Aboriginal elders and respected persons 127
22A Appointment of Aboriginal elders or respected persons 127
Division 5—Bailiffs 128
23 Appointment of bailiffs and assistant bailiffs of County Court 128
24 Bailiff's duty 129
Division 6—Registrars, bailiffs and other officers 130
25 Penalty on officers for corrupt practices 130
26 Registrar and bailiff to be distinct persons and not to act as legal practitioner 130
27 Registrar and bailiff to give security 131
Division 7—Court fees 132
28A Exemption from court fees 132
Division 8—Proceedings against officers 132
29 Proceedings against registrars etc. 132
30 Proceedings against bailiffs etc. 133
32 Protection to bailiffs etc. 134
Division 9—Legal practitioners—costs 134
33 Fees to legal practitioners to be fixed by the judges 134
34 Power to recover excessive fees 135
Part II—Jurisdiction 136
Division 1—Sittings of the court 136
35 Court of record 136
36 Proceedings arising outside Victoria 136
36AA Court may determine matter or proceeding without oral hearing 137
Division 1A—Criminal jurisdiction 138
36A Criminal jurisdiction of County Court 138
Division 2—Civil jurisdiction 139
37 Extent of jurisdiction 139
39 Whether proceedings within jurisdictional limit 141
39A Agreements by next friend etc. on behalf of infants 142
Division 2A—Administration of children's funds 145
39B Court orders relating to administration of children's funds 145
Division 2B—Transfer and payment of money to the Supreme Court for person under disability 147
39C Money held in court for person under disability 147
Division 3—Officers of the court 148
40 Officers of the court 148
Division 6—Arbitration, mediation, and reference for inquiry 149
46 Arbitration by agreement 149
47 Arbitration 150
47A Power to refer civil proceedings to mediation or arbitration 151
47B Mediation 151
48 Power to refer matters for inquiry and report 151
48A Assessor 151
48B Opinion of legal practitioner 152
48C Protection of special referees, mediators and arbitrators 152
48CA Protection of assessors 153
48D Interaction with Civil Procedure Act 2010 153
Division 7—Power to grant relief 153
49 Power of court 153
49A Attachment of earnings 154
49B Execution of instruments by order of court 154
50 Rules of law to apply to County Court 155
51 Counter-claims in County Court and transfers therefrom 155
52 Facts necessary to give jurisdiction need not appear upon any civil proceeding 155
53 Mode of enforcing orders 156
Division 7A—Appellate jurisdiction 156
53A Appellate jurisdiction of County Court 156
Division 8—Contempt of court 157
54 Contempt of court 157
Division 9—Costs where no jurisdiction 158
55 Court may award costs where action or matter is struck out for want of jurisdiction 158
Part V—Trial of civil proceedings 159
65 Trial to be by judge 159
66 Judge may reserve his decision 159
67 Trial may be by judge and jurors if required 160
68 Judge may direct trial by jurors 160
70 Verdict of jurors 161
72 Jury may be had on re-hearing of County Court proceeding in Supreme Court 161
Part VI—Judgment, new trial and appeal 163
73 Judgments to be final 163
74 Appeal to the Court of Appeal 164
75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court 166
76 Court may reserve question for opinion of the Court of Appeal 167
77 Prerogative writ 167
Part VII—Rules, forms, scales of costs, regulations 168
78 Power to make rules of practice 168
78A Costs 176
79A Regulations 177
Part VIII—Miscellaneous 181
80A Publishing particulars of issued summonses an offence 181
82 No privilege to exempt persons from provisions of Act 182
83 Certain actions in Supreme Court to be stayed 182
84 Securities for money, marketable securities etc. seized under warrant 183
86 Transfer of judgment to Supreme Court 184
87 Council of Judges 185
88 Robing of Judges 186
89 Transitional provisions 186
90 Transitional provision—reserve judges 186
91 Transitional provisions—Courts Legislation (Jurisdiction) Act 2006 187
92 Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008 187
93 Transitional provision—County Court Amendment (Koori Court) Act 2008 188
94 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 188
95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 188
96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 189
98 Savings—Open Courts Act 2013 190
99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 190
100 Transitional provision—Justice Legislation Further Amendment Act 2016 191
101 Transitional provision—Justice Legislation Further Amendment Act 2016 191
102 Transitional provisional—Family Violence Protection Amendment Act 2017 192
103 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 192