Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 4IA

Establishment of Specialist Family Violence Court Division

    (1)     The Court has a Specialist Family Violence Court Division.

    (2)     The Specialist Family Violence Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

    (3)     Despite section 4(3), the Specialist Family Violence Court Division may only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette.

    (4)     Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a judicial registrar in accordance with section 4(3AA).

    (5)     Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016 .

    (6)     In assigning a magistrate, the Chief Magistrate must have regard to the magistrate's relevant knowledge and experience in dealing with matters relating to family violence.

    (7)     Despite anything to the contrary in this Act, the Specialist Family Violence Court Division may sit and act only at a venue of the Court specified by the Minister by notice published in the Government Gazette.

    (8)     The Minister must consult the Chief Magistrate before publishing a notice under subsection (7).

    (9)     Subject to this Act, the regulations and rules, the Specialist Family Violence Court Division may regulate its own procedure.

S. 4IB inserted by No. 33/2018 s. 36.



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