Victorian Current Acts

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SUPREME COURT ACT 1986 - SECT 139

Transitional and savings

    (1)     A person who was appointed to the office of Master before the commencement of this Act continues in that office without interruption until attaining the age of 70 years or, if appointed before the commencement of section 6(3) of the Courts Amendment Act 1986 , 72 years.

    (2)     Without limiting the generality of section 16(b) of the Interpretation of Legislation Act 1984 , all rules of court made before the commencement of this Act under any Act or provision of an Act repealed by this Act, or having effect as if so made, continue (until amended or revoked under a power contained in this or any other Act or in any other enactment) to have the same operation and effect as they would have had if this Act had not been passed.

    (3)     All Common Funds established before the commencement of this Act by or under the Supreme Court Act 1958 and the Common Funds Guarantee and Reserve Account established under section 189 of that Act continue in existence despite the repeal of that Act.

    (4)     Nothing in Division 3 of Part 7 affects—

        (a)     any power, right, privilege, obligation, liability or duty of the sheriff or any of the sheriff's officers as existing by common law at the commencement of this Act; or

        (b)     any investigation, legal proceeding or remedy in respect of any such power, right, privilege, obligation, liability or duty as is mentioned in paragraph (a)—

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed.

    (5)     Unless the contrary intention appears, a reference in any Act, subordinate instrument or other document—

        (a)     to the Master in Equity or the Chief Clerk of the Court is to be construed as a reference to the Senior Master;

        (b)     to the Master is to be construed as a reference to a Master.

S. 139A inserted by No. 10/1999 s. 26, amended by No. 38/2017 s. 94.



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