4Definitions: general

4 Definitions: general

4 Definitions: general

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

action means action in the Court, but does not include any proceedings under Division 8 of Part 3 or under Part 4.

admitted set-off, in relation to an action, means set-off admitted by the plaintiff in the document lodged by the plaintiff to commence the action or, where a defendant pleads a cross-claim, by the defendant in the prescribed notice of the cross-claim.

Chief Judge means Chief Judge of the Court.

civil procedure rules means rules of Court made and in force under Part 3.

civil proceedings means proceedings in the Court in its civil jurisdiction.

corporation includes any body of persons that may by law sue or be sued, whether in its own name or in the name of any officer or other person.

criminal procedure rules means rules of Court made and in force under Part 4.

criminal proceedings means proceedings in the Court in its criminal jurisdiction.

file, in relation to any proceedings, means lodge with the registrar for the proper place in relation to the proceedings, for inclusion in the record of the Court.

Judge means Judge of the Court.

judgment, in relation to an action, means judgment given or entered up in the action.

jurisdictional limit of the Court means $1,250,000.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.

mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.

Note.

Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018.

Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the . The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them.