3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *actuary* inserted by No. 19/2001 s. 19. ***actuary*** means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister; S. 3(1) def. of *appropriate dispute resolution* inserted by No. 47/2010 s. 80(b). ***appropriate dispute resolution*** has the same meaning as it has in the **Civil Procedure Act 2010**; S. 3(1) def. of *Associate Judge* inserted by No. 24/2008 s. 13(a), amended by No. 63/2013 s. 16(b). ***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; S. 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 of *Australian lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)), repealed by No. 17/2014 s. 160(Sch. 2 item 93.1(a)). S. 3(1) def. of *Chief Justice* amended by No. 109/1994 s. 18(a). ***Chief Justice*** includes ***Acting Chief Justice***, and in the absence of the Chief Justice and the Acting Chief Justice means the senior Judge of the Court for the time being present[[1]](#endnote-2); ***costs*** includes fees, charges and disbursements; S. 3(1) def. of *Costs Court* inserted by No. 78/2008 s. 3. ***Costs Court*** means the Costs Court established by section 17C; S. 3(1) def. of *Costs Judge* inserted by No. 78/2008 s. 3. ***Costs Judge*** means an Associate Judge allocated to the Costs Court as a Costs Judge under section 17E; S. 3(1) def. of *costs registrar* inserted by No. 78/2008 s. 3. ***costs registrar*** means a person employed pursuant to section 106(ac) who has functions and powers under Division 2B of Part 2; ***Court*** means the Supreme Court; S. 3(1) def. of *Court of Appeal* inserted by No. 109/1994 s. 18(b). ***Court of Appeal*** means the division of the Court called the Court of Appeal[[2]](#endnote-3); S. 3(1) def. of *court official* amended by Nos 35/1996 s. 453(Sch. 1 item 80.1(b)), 102/1997 s. 49(Sch. item 5), 18/2005 s. 18(Sch. 1 item 103.1(b)), 24/2008 s. 13(b), 9/2009 s. 57. ***court official*** means— (a) an officer of the Court (except a person who is an officer of the Court only because he or she is an Australian lawyer); or (b) any person employed in any of the offices of the Court; or (c) any person employed in the chambers of a Judge or Associate Judge; or (d) the sheriff or any other person acting in execution of any warrant or other process of the Court; ***defendant*** includes every person served with any process or served with notice of or entitled to attend any proceeding; S. 3(1) def. of *domestic partner* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1). ***domestic partner*** of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of *Full Court* repealed by No. 109/1994 s. 18(c).[[3]](#endnote-4) S. 3(1) def. of *Judge of Appeal* inserted by No. 109/1994 s. 18(d), amended by No. 5/2013 s. 15(2)(a). ***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; S. 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). ***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; ***judgment*** includes order; S. 3(1) def. of *judicial registrar* inserted by No. 34/2010 s. 9(1). ***judicial registrar*** means a person appointed as a judicial registrar of the Court under Division 2A of Part 7; S. 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). ***judicial resolution conference*** has the same meaning as it has in the **Civil Procedure Act 2010**; ***landlord*** includes a lessor; S. 3(1) def. of *Law Institute* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). S. 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)). ***law practice*** has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 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)). ***legal practitioner*** means an Australian legal practitioner; S. 3(1) def. of *Master* substituted by No. 109/1994 s. 18(e), repealed by No. 24/2008 s. 13(c). S. 3(1) def. of *non-contentious business* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). S. 3(1) def. of *part-time service arrangement* inserted by No. 63/2013 s. 62. ***part-time service arrangement*** means— (a) in relation to a Judge of the Court, an arrangement entered under section 75C of the **Constitution Act 1975**; (b) in relation to an Associate Judge, an arrangement entered under section 104JA; S. 3(1) def. of *partner* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1), substituted by No. 40/2010 s. 105. ***partner*** of a person means the person's spouse or domestic partner; ***party*** includes every person served with notice of or attending any proceeding, whether named on the record or not; ***plaintiff*** includes every person claiming any relief (otherwise than by way of counterclaim as a defendant) against any other person in a proceeding; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 162.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *President* inserted by No. 109/1994 s. 18(f). ***President*** means the President of the Court of Appeal[[5]](#endnote-6); ***proceeding*** means any matter in the Court other than a criminal proceeding; S. 3(1) def. of *reserve Associate Judge* inserted by No. 63/2013 s. 16(a). ***reserve Associate Judge*** means a person appointed under section 105B; S. 3(1) def. of *reserve Judge* inserted by No. 5/2013 s. 15(1). ***reserve Judge*** means a person appointed under section 81 of the **Constitution Act 1975**; S. 3(1) defs of *solicitor*, *solicitor-client agreement* repealed by No. 35/1996 s. 453(Sch. 1 item 80.1(a)). S. 3(1) def. of *spouse* inserted by No. 4/2009 s. 37(Sch. 1 item 25.1). ***spouse*** of a person means a person to whom the person is, or was at the time of the person's death, married; ***subordinate instrument*** has the same meaning as in the **Interpretation of Legislation Act 1984**; S. 3(1) def. of *super-annuation contributions surcharge* inserted by No. 19/2001 s. 19. ***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; S. 3(1) def. of *super-annuation contributions surcharge notice* inserted by No. 19/2001 s. 19. ***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; ***tenant*** includes a lessee and any other person deriving title under a lease; ***the Rules*** means the Rules of Court made by the Judges of the Court whether under the powers conferred by this Act or otherwise; S. 3(1) def. of *total pension entitlement* inserted by No. 19/2001 s. 19. ***total pension entitlement*** means, on a particular day, the current value of all future pension payments on that day; S. 3(1) def. of *Trial Division* inserted by No. 109/1994 s. 18(g). ***Trial Division*** means the division of the Court called the Trial Division[[6]](#endnote-7); ***vessel*** includes any ship, boat or other vessel used for any purpose on the sea or in navigation. (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. S. 3(3) amended by No. 51/2000 s. 11(a). (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. S. 3(4) amended by No. 51/2000 s. 11(a). (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. S. 3(5) amended by No. 51/2000 s. 11(a). (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. (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. (7) Subsection (6) does not apply to a reference to a writ of habeas corpus. S. 3(8) inserted by No. 4/2009 s. 37(Sch. 1 item 25.2). (8) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and (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.