Victorian Numbered Acts

COURTS LEGISLATION AMENDMENT (ASSOCIATE JUDGES) ACT 2008 (NO. 24 OF 2008)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  

   PART 2--ASSOCIATE JUDGES OF THE SUPREME COURT

           Division 1--Amendment of the Constitution Act 1975

   3.      Definitions  
   4.      Supreme Court of the State of Victoria  
   5.      Divisions of the Court  
   6.      Qualification and appointment of Judges  
   7.      References to Payroll Tax Act updated  
   8.      As to pensions of Judges of the Supreme Court and their spouses and children  
   9.      Salaries  
   10.     Power to Judges to award habeas corpus  
   11.     Court not to be required to exercise jurisdiction where jurisdiction conferred on other bodies  
   12.     Definitions—Part IIIAA  

           Division 2--Amendment of the Supreme Court Act 1986

   13.     Definitions  
   14.     Robing of Judges  
   15.     New section 9B inserted  
   16.     Jurisdiction and powers  
   17.     Way in which Court of Appeal may be constituted  
   18.     Business to be disposed of by Trial Division constituted by a Judge  
   19.     Restriction on appeals and references of matters to Court of Appeal  
   20.     Power to act in cases relating to rates and taxes  
   21.     Vexatious litigants  
   22.     Power to make Rules  
   23.      Manner of making Rules  
   24.      Council of Judges  
   25.     Professional development and training  
   26.     Minors to become wards only by order and proceeding to test legality of by-laws  
   27.     Part 7 heading substituted  
   28.     Section 104 substituted  
   29.     Pension entitlements  
   30.     Election to commute pension  
   31.     Actuary's calculations after election to commute  
   32.     Election to commute for payment of surcharge and actuary's calculations  
   33.     Payment and commutation of pension  
   34.     Election by spouse and children to commute pensions for payment of surcharge and actuary's calculations  
   35.     Payment and commutation of pensions of spouse and children  
   36.     Section 105 substituted and new section 105A inserted  
   37.     Power to employ officers  
   38.     Functions of Associate Judges  
   39.     New section 109A inserted  
   40.     Section 110 substituted  
   41.     Sections 111 and 111A substituted  
   42.     Section 112 substituted  

   PART 3--ASSOCIATE JUDGES OF THE COUNTY COURT

   43.     Definitions  
   44.     New section 3BA inserted  
   45.     Establishment of the County Court  
   46.     Judge to hold court where directed and appoint days of sitting  
   47.     Protection of judges and associate judges  
   48.     Salaries  
   49.     Provision for pensions  
   50.     Section 15 substituted  
   51.     Professional development and training  
   52.     Division heading amended  
   53.     Section 17A substituted  
   54.     New section 17ABA inserted  
   55.     Salaries and allowances  
   56.     Amendments relating to pension entitlements  
   57.     Election to commute future pensions for payment of superannuation contributions surcharge  
   58.     Actuary's calculations  
   59.     Election to commute  
   60.     Actuary's calculations after election to commute  
   61.     Payment and commutation of pensions  
   62.     Election of spouses and eligible children to commute pensions for payment of surcharge  
   63.     Actuary's calculation of reduction of pensions of spouses and eligible children  
   64.     Payment and commutation of pensions  
   65.     Power to registrar to administer oaths  
   66.     Arbitration by judge  
   67.     Court may award costs where action or matter is struck out for want of jurisdiction  
   68.     Jury may be had on re-hearing of County Court proceeding in Supreme Court  
   69.     Appeal to the Court of Appeal  
   70.     New section 75 inserted  
   71.     Power to make rules of practice and Council of Judges  

   PART 4--TRANSITIONAL PROVISIONS

   72.     Section 92 inserted—County Court Act 1958  
   73.     Sections 142 to 144 inserted—Supreme Court Act 1986  

   PART 5--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

   74.     Accident Compensation Act 1985  
   75.     Administration and Probate Act 1958  
   76.     Courts (Case Transfer) Act 1991  
   77.     Crimes Act 1958  
   78.     Evidence Act 1958  
   79.     Instruments Act 1958  
   80.     Judicial College of Victoria Act 2001  
   81.     Judicial Remuneration Tribunal Act 1995  
   82.     Judicial Salaries Act 2004  
   83.     Land Acquisition and Compensation Act 1986  
   84.     Legal Profession Act 2004  
   85.     Property Law Act 1958  
   86.     Prostitution Control Act 1994  
   87.     Public Administration Act 2004  
   88.     Trustee Act 1958  

   PART 6--GENERAL

   89.     Statute law revision—Supreme Court Act 1986  
   90.     Statute law revision—County Court Act 1958  
   91.     Repeal of Act  
           ENDNOTES