Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2018 (SR NO 57 OF 2018) - REG 1.11

Jurisdiction of Associate Judges

    (1)     Except where otherwise provided by these Rules, an Associate Judge, in addition to exercising the powers and authorities conferred on an Associate Judge by any other provision of these Rules or by any Act may, in any proceeding to which this Part applies, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court.

    (2)     Subject to paragraph (3) and these Rules—

        (a)     the trial of a proceeding shall not be held before an Associate Judge; and

        (b)     an Associate Judge shall not give any judgment or make any order at the trial of a proceeding.

    (3)     Except as provided by paragraph (4), an Associate Judge may—

        (a)     at the trial of a proceeding give judgment or make an order by consent of all parties;

        (b)     hear and determine a trial of an undefended civil proceeding.

    (4)     An Associate Judge shall not have authority to hear or determine—

        (a)     any application which by these Rules or any Act is required to be heard only by a Judge of the Court; or

        (b)     any proceeding relating to the liberty of the subject.

    (5)     Subject to these Rules, this Rule has effect as if it contained, modified as necessary, Rules 77.03, 77.04, 77.05 and 77.08 of Chapter I.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback