Victorian Current Acts

SUPREME COURT ACT 1986

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Abolition of distinction between court and chambers  
   5.      Criminal procedure  

   PART 2--SITTINGS, POWERS AND PROCEDURES

           Division 1--Sittings

   6.      Where Court to be held  
   7.      Time and place of sitting  
   9A.     Robing of Judges  
   9B.     Titles of Associate Judges  
   9C.     Titles of judicial registrars  

           Division 2--Court of Appeal[8]

   10.     Jurisdiction and powers  
   11.     Way in which Court of Appeal may be constituted  
   12.     Opinions equally divided  
   13.     Judges not to sit on appeal from their own judgments  
   13A.    When additional Trial Division Judge must not sit on hearing of new trial  
   14.     Power of Court of Appeal on civil appeals  
   14A.    Leave to appeal required for civil appeals  
   14B.    Commencing a civil appeal  
   14C.    Appeal must have real prospect of success  
   14D.    Determination of application for leave to appeal  
   15.     Constitution of Court if one Judge of Appeal unable to continue  
   16.     Arrangement of business of Court of Appeal  

           Division 2A--Trial Division[9]

   17.     Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge  
   17AA.   Business may be disposed of by judicial registrars if Rules so permit  
   17A.    Restriction on appeals  
   17B.    Reference of matters to Court of Appeal  

           Division 2B--Costs Court

   17C.    Costs Court established  
   17D.    Powers and functions of Costs Court  
   17E.    Chief Justice to allocate Associate Judges as Costs Judges  
   17EA.   Chief Justice may assign judicial registrars to Costs Court  
   17F.    Costs Judge may direct judicial registrars and costs registrars  
   17G.    Powers and functions of costs registrar  
   17GA.   Powers and functions of judicial registrar in Costs Court  
   17H.    Review of costs registrar's determination by judicial registrar  
   17HA.   Review of judicial registrar's determination by Costs Judge  
   17I.    Appeals  
   17J.    Costs in proceedings in another court or VCAT  
   17K.    Transfer of file  

           Division 3--Powers

   20.     Offence to publish certain information concerning proceedings  
   20A.    Power to act in cases relating to rates and taxes[10]  
   22.     Execution of instruments by order of Court  
   23.     Attachment of earnings  
   24.     Costs to be in the discretion of Court  
   24A.    Mediation[11]  
   24B.    Court may issue or transmit court documents electronically  

           Division 3B--Immunities and protections

   24D.    Immunity and protection of Judge of Court extends to administrative functions  
   24E.    Immunity and protection of Associate Judges  
   24F.    Immunity and protection of specified court officers  
   24G.    Protection of assessors  

           Division 4--Court Rules

   25.     Power to make Rules[12]  
   26.     Manner of making Rules  
   27.      Disallowance of Rules  
   27A.    Protection of special referees, mediators and arbitrators  

           Division 5--Council of Judges

   28.     Council of Judges  

           Division 5A--Powers of Chief Justice

   28AAA.  Administrative responsibility of Chief Justice  

           Division 6--Professional development and training

   28A.    Professional development and training  

   PART 3--CONCURRENT ADMINISTRATION OF LAW AND EQUITY

   29.     Law and equity to be concurrently administered  
   30.     Power to stay proceedings  

   PART 4--INFERIOR COURTS

   31.     Power of inferior courts with equity jurisdiction  
   32.     Transfer of proceeding from inferior court  
   33.     Rules of law to apply to inferior courts  

   PART 4A--GROUP PROCEEDING

           Division 1--Preliminary

   33A.    Definitions  
   33B.    Application  

           Division 2--Commencement of group proceeding

   33C.    Commencement of proceeding  
   33D.    Standing  
   33E.    Consent of group member  
   33F.    Persons under disability  
   33G.    Group proceeding not to be commenced in certain circumstances  
   33H.    Originating process  
   33J.    Right of group member to opt out  
   33K.    Causes of action accruing after commencement  
   33KA.   Court powers concerning group membership  
   33L.    Fewer than seven group members  
   33M.    Distribution costs excessive  
   33N.    Proceeding not to continue under this Part  
   33P.    Consequences of proceeding not continuing under this Part  
   33Q.    Where not all questions common  
   33R.    Individual questions  
   33S.    Directions for further proceedings  
   33T.    Adequacy of representation  
   33U.    Stay of execution  
   33V.    Settlement and discontinuance  
   33W.    Settlement of individual claim  

           Division 3--Notices

   33X.    When notice to be given  
   33Y.    Notices under section 33X  

           Division 4--Judgment, etc.

   33Z.    Judgment of the Court  
   33ZA.   Constitution etc. of fund  
   33ZB.   Effect of judgment  

           Division 5--Appeals

   33ZC.   Appeals  

           Division 6--Miscellaneous

   33ZD.   Costs  
   33ZDA.  Group costs orders  
   33ZE.   Suspension of limitation periods  
   33ZF.   General power of court to make orders  
   33ZG.   Order may specify a date by which group members must take a step  
   33ZH.   Order in event of decision or admission on liability  
   33ZJ.   Reimbursement of plaintiff's costs  
   33ZK.   Transitional provisions  

   PART 5--MISCELLANEOUS RULES OF LAW

           Division 1--General

   36.     Declaratory judgments  
   37.     Injunctions and receivers  
   38.     Damages in addition to or in place of other remedies  
   39.     Foreign law  
   40.     Crown payments to be subject to attachment  
   41.     Failure to prosecute not a bar to civil remedy  
   42.     Property available to satisfy judgment debt  
   43.     Standard time in Victoria  
   44.     Meaning of month in documents  

           Division 2--Vessels

   45.     Rule as to division of liability for damage or loss  
   46.     Liability for loss of life or personal injuries  
   47.     Right of contribution  

           Division 3--Fires

   48.     Proceeding does not lie against person on whose land fire accidentally begins  

           Division 4--Contracts of minors

   49.     Certain contracts by minors to be void  
   50.     No proceeding to be brought on ratification of minor's contract  
   51.     Avoiding contract for payment of loan advanced during minority  

           Division 4A--Administration of children's funds

   51A.    Court orders relating to administration of children's funds  

           Division 5--Sureties, co-contractors and co-debtors

   52.     Surety discharging liability to be entitled to securities  

           Division 6--Apportionment

   53.     Definitions  
   54.     Rents etc. to accrue from day to day and be apportionable  
   55.     Time when apportioned part is to be payable  
   56.     Recovery of apportioned parts  

           Division 7--Interest

   57.     Any interest may be contracted to be paid  
   58.     Interest to be allowed when debts or sums certain recovered  
   59.     Damages in nature of interest  
   60.     Interest in proceedings for debt or damages  

           Division 8--Contempt of court

   61.     Restoration of common law relating to contempt of court  

   PART 6--MISCELLANEOUS POWERS

           Division 1--Determinations without oral hearing

   62.     Court may determine matter or proceeding without oral hearing  

           Division 2--Delivery of documents

   76.     Power of Court to order legal practitioner or law practice to deliver bill of costs etc.  

           Division 3--Assistance of assessors and legal practitioners

   77.     Assessors  
   78.     Opinion of a legal practitioner  

           Division 4--Proceeding for recovery of land

   79.     Proceeding by landlord if rent is in arrears  
   80.     Lessee not to have relief without payment of rent and costs  
   81.     Proceeding by landlord against tenant holding over after end of tenancy  
   82.     Provisions concerning securities  
   83.     Saving of former remedies  
   84.     Proceeding for recovery of land by mortgagee  

           Division 5--Relief from forfeiture

   85.     Relief against forfeiture for non-payment of rent  

           Division 6--Arrest in pending proceedings

   86.     Arrest on mesne process abolished  
   87.     Court may order arrest  
   88.     Security to be given by defendant  
   89.     Control of the Court  
   90.     Making of order to arrest  
   91.     Defendant may apply for relief  
   92.     Endorsement on order  
   93.     Restrictions on execution of order  
   94.     Execution on a Sunday  
   95.     Privilege from arrest  
   96.     Misdescription of defendant  
   97.     Costs  
   98.     Discharge of defendant  
   99.     Date of arrest  
   100.    Fees  

           Division 7--Interest on judgment

   101.    Interest on judgment  

           Division 8--Wards of Court

   102.    Minors to become wards only by order  

           Division 9--Quashing by-laws

   103.    Proceeding to test legality of by-laws  

   PART 7--ASSOCIATE JUDGES AND OFFICERS OF THE COURT

           Division 1--Appointments of Associate Judges

   104.    Appointment of Associate Judges  
   104A.   Pension entitlements of Associate Judges, their partners and children  
   104AB.  Effect of part-time service arrangement on pensions of Associate Judges  
   104B.   Election of Associate Judges to commute future pensions for payment of superannuation contributions surcharge  
   104C.   Actuary's first calculation after election of Associate Judges to commute pensions  
   104D.   Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums  
   104E.   Election of former Associate Judges to commute pensions for payment of superannuation contributions surcharge  
   104F.   Actuary's calculation after former Associate Judges' election to commute pensions  
   104G.   Payment and commutation of pensions of former Associate Judges  
   104H.   Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge  
   104I.   Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children  
   104J.   Payment and commutation of pensions of former Associate Judges' partners and eligible children  
   104JA.  Entry into part-time service arrangement  
   104JB.  Variation of part-time service arrangement  
   104JC.  Termination of part-time service arrangement  
   104JD.  Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment  
   105.    Acting Associate Judges  
   105A.   Acting Senior Master  

           Division 1A--Reserve Associate Judges

   105B.   Appointment of reserve Associate Judges  
   105C.   Cessation of office  
   105D.   Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge  
   105E.   Powers, jurisdiction, immunities and protection of reserve Associate Judge  
   105F.   Pension rights and service not affected by being a reserve Associate Judge  
   105G.   Engaging in legal practice or other paid employment  
   105H.   Power to complete matters—Associate Judges and reserve Associate Judges  
   105I.   Constitution of Court in certain circumstances  

           Division 1B--Appointments of other officers

   106.    Power to employ chief executive officer, prothonotary etc.  
   107.    Certain office holders to be deputies  
   108.    Powers of deputies  
   109.    Appointment of bailiffs and assistant bailiffs  

           Division 2--Functions of Associate Judges

   109A.   Chief Justice responsible for business of Associate Judges  
   110.    Functions of the Senior Master  
   111.    Functions of Associate Judges  
   113.    Common Funds  
   113A.   Common Fund No. 3  
   113B.   Senior Master to have certain powers of administrator  

           Division 2A--Judicial registrars

   113C.   Assignment of duties  
   113D.   Guidelines relating to the appointment of judicial registrars  
   113E.   Recommendations for appointment of judicial registrars  
   113F.   Appointment by Governor in Council  
   113G.   Remuneration and terms and conditions of appointment  
   113GA.  Validation of certain past superannuation payments—judicial registrars  
   113GB.  Oath or affirmation of office  
   113H.   Resignation from office  
   113L.   Performance of duties by judicial registrar  
   113M.   Appeal from or review of determination of Court constituted by judicial registrar  

           Division 2B--Registrar of Court of Appeal and Registrar of Criminal Appeals

   113N.   Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals  
   113O.   Functions of Registrar of the Court of Appeal  
   113P.   Functions of the Registrar of Criminal Appeals  

           Division 3--The sheriff

   114.    Definition  
   115.    Functions of sheriff  
   119.    Duties on arrest of civil debtors  
   120.    Liability for wrongful imprisonment  
   123.    Punishment for misconduct  

           Division 4--General

   125.    Extortion by and impersonation of court officials  
   127.    Senior Master and court officials subject to audit for receipt of public money  
   128.    Money held under Act may be invested  
   128A.   Supreme Court—limitation of jurisdiction  
   129.    Regulations  

   PART 8--TRANSITIONALS AND SAVINGS

   139.    Transitional and savings  
   139A.   Transitional provision  
   140.    Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000  
   141.    Transitional provision—Justice Legislation (Amendment) Act 2005  
   142.    References  
   142A.   Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008  
   143.    Masters to become Associate Judges  
   144.    Pension entitlements  
   145.    Pending matters—Taxing Master  
   146.    Pending matters—other courts and VCAT  
   147.    Power to resolve transitional difficulties in proceedings  
   148.    Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008  
   149.    Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010  
   150.    Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010  
   152.    Savings—Open Courts Act 2013  
   153.    Transitional—Courts and Other Justice Legislation Amendment Act 2013  
   154.    Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014  
   155.    Power to resolve transitional difficulties in proceeding  
   156.    Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018  
   156A.   Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020  
           ENDNOTES