Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 145

    (1)     If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 , any matter in relation to the assessment, settling, taxing or reviewing of costs was pending before the Taxing Master and the Taxing Master had not begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act as amended by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 .

    (2)     If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 , any matter in relation to the assessment, settling, taxing or review of costs was pending before the Taxing Master and the Taxing Master had begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act and for that purpose—

        (a)     the matter is to be taken to have commenced in the Costs Court;

        (b)     anything done in relation to the matter by the Taxing Master before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 , is taken to have been done by the Costs Court;

        (c)     the Costs Court may have regard to any record of the matter before the Taxing Master, including any record of any evidence taken in the matter;

        (d)     the procedure applying in the Costs Court applies to the matter on and after the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 ;

        (e)     anything done or omitted to be done in relation to the matter by a party or any other person before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 , under or in accordance with the procedure that applied before that commencement is to be taken, so far as is possible, to have been done or omitted to be done under or in accordance with the procedure applying on and after that commencement;

        (f)     any order made by the Costs Court may only be reviewed or appealed against in accordance with this Act as amended by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 .

    (3)     This section applies irrespective of when the order for costs was made or the entitlement to costs arose in the proceeding to which the assessment, settling, taxing or reviewing of costs relates.

S. 146 inserted by No. 78/2008 s. 9.