Victorian Current Acts Victorian Current Acts(1) The commissions of the Judges of the Court shall subject to subsection (4) continue and remain in full force notwithstanding the demise of Her Majesty any law usage or practice to the contrary hereof in anywise notwithstanding.
Constitution Act s. XXXIX.
(2) The salaries of such Judges as set out in section 82 shall be paid to each of them so long as their commissions remain in force respectively.
No. 6389 s. 7.
S. 77(3) amended by No. 16/1986 s. 4(a).
(3) A person who has attained the age of 70 years shall not be appointed a Judge of the Court.
S. 77(3A) inserted by No. 109/1994 s. 7(1).
(3A) Subsection (3) applies to the appointment as President of the Court of Appeal or as a Judge of Appeal of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 as if the reference to 70 years were a reference to 72 years.
S. 77(4) substituted by No. 16/1986 s. 4(b), amended by No. 3/2016 s. 40(1).
(4) The commission of a Judge of the Court ceases to be in force and the office becomes vacant—
S. 77(4)(aaa) inserted by No. 16/2005 s. 5(2) (as amended by No. 14/2006 s. 12).
(aaa) on the judge being removed from office by the Governor in Council in accordance with Part IIIAA; or
S. 77(4)(aa) inserted by No. 16/2005 s. 5(2) (as amended by No. 14/2006 s. 12).
(aa) on the abolition of the office of the judge by or under an Act; or
S. 77(4)(a) amended by No. 14/2006 s. 4(1).
(a) in the case of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 who did not make an election under section 80A before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 —upon the judge attaining the age of 72 years; or
S. 77(4)(b) amended by No. 14/2006 s. 4(2).
(b) in the case of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 who made an election under section 80A before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 —upon the judge attaining the age of 70 years; or
S. 77(4)(c) amended by Nos 109/1994 s. 7(2), 14/2006 s. 4(3).
(c) in the case of a judge appointed on or after the commencement of section 4 of the Courts Amendment Act 1986 —upon the judge attaining the age of 70 years; or
S. 77(4)(d) inserted by No. 109/1994 s. 7(2), amended by No. 24/2007 s. 8(2).
(d) in the case of a judge to whom subsection (3A) applies, upon the judge attaining the age of 72 years; or
S. 77(4)(e) inserted by No. 24/2007 s. 8(3).
(e) on the resignation in writing of the judge at any time before attaining the age specified in whichever of paragraphs (a), (b), (c) or (d) is applicable to the judge.
Note to s. 77(4) inserted by No. 3/2016 s. 40(2), substituted by No. 1/2022 s. 30.
Note
See also section 8AA of the County Court Act 1958 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Judge.
See also section 7(6A) of the Magistrates' Court Act 1989 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Magistrate.
S. 77(5) inserted by No. 5/2013 s. 5.
(5) In this section, a reference to a Judge of the Court does not include a reserve Judge.
No. 6387 s. 8.
S. 78 amended by No. 109/1994 s. 8.