101Power to resolve transitional difficulties in proceeding

101 Power to resolve transitional difficulties in proceeding

(1) If any difficulty arises because of the operation of this Act in relation to a proceeding to which this Part applies, a Court or VCAT may make any order it considers appropriate to resolve the difficulty.

(2) An order made under subsection (1)—

(a) may be made on application of a party to the proceeding or on the Court's or VCAT's own motion, as the case requires; and

(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).

Pt 13 (Heading and ss 102–137) repealed by No. 42/2014 s. 137.

---

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 February 2014

Legislative Council: 3 April 2014

The long title for the Bill for this Act was "A Bill for an Act to reform and consolidate the law relating to vexatious proceedings in courts and tribunals, to make consequential amendments to various Acts and for other purposes."

The Vexatious Proceedings Act 2014 was assented to on 17 June 2014 and came into operation on 31 October 2014: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).