Victorian Numbered Regulations Victorian Numbered RegulationsAfter Rule 79.10 of the Principal Rules insert —
For the purposes of this Part (other than Rule 79.16(3)), in the absence of the Senior Master, a reference to the Senior Master is taken to include a reference to another Associate Judge.
The judicial registrar may make any order under Rule 79.02(2) other than an order involving a determination that an applicant for payment out of money in court is not a handicapped person.
(1) If an application for an order under Rule 79.02(2) before the Senior Master, which would otherwise not be within the authority of the judicial registrar under Rule 79.12, appears to the Senior Master to be proper for determination by the judicial registrar, the Senior Master, by order, may refer the application to the judicial registrar.
(2) If the Senior Master refers an application under paragraph (1), the judicial registrar may—
(a) determine the application, subject to any directions in the order referring the application; or
(b) refer the application back to the Senior Master in accordance with Rule 79.15.
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For the purposes of Rules 79.12 and 79.13—
(a) the judicial registrar may constitute the Trial Division of the Court; and
(b) the power of the Trial Division of the Court to make an order under those Rules is delegated to the judicial registrar.
(1) Where an application for a payment under Rule 79.02(2) appears to the judicial registrar to be proper for the determination of the Senior Master rather than the judicial registrar, the judicial registrar shall refer the application to the Senior Master.
(2) The Senior Master may—
(a) determine the application; or
(b) refer the application back to the judicial registrar with directions.
(3) The judicial registrar may refer any question arising on an application to the judicial registrar to the Senior Master for directions.
(1) Any person aggrieved by an order of the judicial registrar dismissing, or dismissing in part, an application for a payment under Rule 79.02(2) may appeal that dismissal to the Court constituted by the Senior Master within one month of the notification of the order to the applicant.
(2) Within five days of the making of an order by the judicial registrar granting, or granting in part, an application for a payment under Rule 79.02(2), any person aggrieved by the order may appeal that grant to the Court constituted by the Senior Master on the ground that the payment would not be in the best interests of the person for whom the Senior Master holds money in court.
(3) The Senior Master, from time to time, may publish directions regarding the institution of an appeal under this Rule.
(4) Unless the Senior Master otherwise directs, an appeal under this Rule shall be determined without the attendance of, and without hearing, the parties.
(5) In determining an appeal under this Rule, the Senior Master may exercise all the powers of an Associate Judge and may—
(a) dismiss the appeal;
(b) allow the appeal and—
(i) set aside or vary the order of the judicial registrar; or
(ii) substitute a different order; or
(iii) refer the application back to the judicial registrar for further determination;
(c) make any other order that the Senior Master considers appropriate.
(6) Unless the Senior Master otherwise orders, an appeal under paragraph (2) operates as a stay of execution of the order of the judicial registrar.".
Dated: 24 November 2011
CHRISTOPHER MAXWELL, P.
PETER BUCHANAN, J.A.
GEOFFREY NETTLE, J.A.
DAVID ASHLEY, J.A.
MARCIA NEAVE, J.A.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
PHILIP MANDIE, J.A.
BERNARD D. BONGIORNO, J.A.
H. R. HANSEN, J.A.
D. J. HABERSBERGER, J.
R. S. OSBORN, J.
K. WILLIAMS, J.
STEPHEN KAYE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
TONY PAGONE, J.
PAUL COGHLAN, J.
ROSS ROBSON, J.
LEX LASRY, J.
JAMES JUDD, J.
PETER VICKERY, J.
EMILIOS KYROU, J.
DAVID F. R. BEACH, J.
JENNIFER DAVIES, J.
TERRY FORREST, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
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