Victorian Current Acts Victorian Current Acts(1) If the Magistrates' Court decides to hear and determine an application made under section 57B—
(a) the Court must hear and determine it in accordance with this Part; and
(b) the Court may make any orders it considers appropriate to facilitate the hearing and determination of the application.
(2) Without limiting any other function or power of the Magistrates' Court but subject to subsection (3), the Magistrates' Court has, and may exercise, all of the functions and powers in relation to a substituted proceeding that the Tribunal would have had if the proceeding were before the Tribunal and it had jurisdiction to exercise judicial power to resolve controversies involving federal subject matter, including functions and powers conferred or imposed by or under this Act or an enabling enactment.
(3) For the purposes of a substituted proceeding—
(a) the Magistrates' Court is to be constituted as provided for by or under the Magistrates' Court Act 1989 instead of as provided for by or under this Act or an enabling enactment; and
(b) subject to paragraphs (c) to (i), the practice and procedure applicable in the Magistrates' Court (including in relation to enforcement of orders) apply, unless the Court determines otherwise; and
(c) the Evidence Act 2008 and the rules of evidence do not apply except to the extent that the Court determines otherwise; and
(d) sections 62 (representation of parties), 63 (interpreters) and 63A (support persons) of this Act apply as if a reference in those sections to a proceeding were a reference to the substituted proceeding; and
(e) section 105 of this Act (self-incrimination) applies as if a reference in that section to a proceeding were a reference to the substituted proceeding; and
(f) a person who could have been made a party to, or intervened in, the proceeding if it were before the Tribunal, with the leave of the Court, may also be made a party or intervene; and
(g) section 120 of this Act (re-opening an order on substantive grounds) applies in addition to section 110 of the Magistrates' Court Act 1989 ; and
(h) section 120A of this Act (re-opening an order for enforcement reasons) applies; and
(i) the Court may award or order costs or reimbursement or payment of fees in the proceeding only in the circumstances that the Tribunal would have been permitted to award or order costs or reimbursement or payment of fees (and costs are to be assessed in the same way as they would have been) if the proceeding were before the Tribunal; and
Note
See sections 74(2), 75(2) and 109 and Division 8A of Part 4 of this Act in relation to costs and reimbursement or payment of fees.
(j) subject to subsection (4), the law applicable to appeals from the Magistrates' Court in civil proceedings applies to decisions of the Court in the substituted proceeding instead of Part 5 of this Act.
(4) A party to a substituted proceeding may appeal against an order of an interim or interlocutory nature made by the Magistrates' Court in the proceeding in the same way as a party may appeal against a final order made by the Magistrates' Court.
(5) A party that appeals under subsection (4) must notify the principal registrar of the Magistrates' Court.
(6) A reference to the Tribunal in this Act or an enabling enactment includes a reference to the Magistrates' Court in relation to any function or power conferred on the Court because of the operation of this section.
(7) In this section—
costs include amounts of the nature referred to in section 75(2).
S. 57D inserted by No. 31/2021 s. 3.