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PARLIAMENT OF VICTORIA
Courts and Tribunals Legislation (Further
Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--LEGAL PRACTICE ACT 1996 3
3. Oath of allegiance no longer required 3
PART 3--MAGISTRATES' COURT ACT 1989 4
4. Civil rules of court--pre-hearing conferences 4
5. Insertion of new section 19A 4
19A. Recording of proceedings 4
6. Pre-hearing conferences 4
7. Regulations--fees for recordings 4
8. Insertion of new section 143 5
143. Rules of court--recording of proceedings 5
9. Statute law revision 5
PART 4--SUPREME COURT ACT 1986 6
10. Further restriction on appeals 6
11. Statute law revision 6
PART 5--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998 8
12. Definitions 8
13. New section 11A inserted 8
11A. Short-term Vice Presidents 8
14. Appointment of members 9
15. Suspension of non-judicial member 9
16. Validity of proceedings 10
17. New section 25A inserted 10
25A. Member or former member may not appear 10
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Clause Page
18. Non-payment of application fees 11
19. Summary dismissal of proceedings 11
20. Conduct of proceedings causing disadvantage 12
21. Mediator may require attendance at mediation 12
22. Notice of successful mediation 12
23. Power to close hearings 12
24. Failing to attend an assessment of costs 12
25. Declarations 13
26. Contempt 14
27. Statute law revision 14
NOTES 15
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541068B.I1-29/5/2000 BILL LA CIRCULATION 29/5/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 24 May 2000
A BILL
to make miscellaneous amendments to the Legal Practice Act 1996,
the Magistrates' Court Act 1989, the Supreme Court Act 1986 and
the Victorian Civil and Administrative Tribunal Act 1998 and for
other purposes.
Courts and Tribunals Legislation
(Further Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Legal Practice Act 1996, the
5 Magistrates' Court Act 1989, the Supreme
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2000
s. 2
Act No.
Court Act 1986 and the Victorian Civil and
Administrative Tribunal Act 1998.
2. Commencement
(1) This Act, except sections 5 and 6, comes into
5 operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), sections 5 and 6 come
into operation on a day or days to be proclaimed.
(3) If section 5 or 6 does not come into operation
10 before 1 January 2001, it comes into operation on
that day.
_______________
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s. 3
Act No.
PART 2--LEGAL PRACTICE ACT 1996
No. 35/1996.
3. Oath of allegiance no longer required
Reprint No. 2
In section 6(1) of the Legal Practice Act 1996, as at
15 August
for paragraph (c) substitute-- 1999. Further
amended by
5 "(c) takes an oath of office, or makes an No. 52/1999.
affirmation of office, in the form required by
the Court.".
_______________
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s. 4
7
Act No.
PART 3--MAGISTRATES' COURT ACT 1989
No. 51/1989. 4. Civil rules of court--pre-hearing conferences
Reprint No. 6
In section 16(1) of the Magistrates' Court Act
as at 1 July
1999. Further
1989, after paragraph (fa) insert--
amended by
Nos 35/1999
5 "(fb) the referral of any civil proceeding, or any
and 1/2000.
part of a civil proceeding, for a pre-hearing
conference and the conduct of pre-hearing
conferences;".
5. Insertion of new section 19A
10 After section 19 of the Magistrates' Court Act
1989 insert--
"19A. Recording of proceedings
The principal registrar must ensure that all
proceedings in the Court are recorded in
15 accordance with the Rules.".
6. Pre-hearing conferences
(1) In section 107 of the Magistrates' Court Act
1989, for sub-section (1) substitute--
"(1) A magistrate or a registrar may refer a civil
20 proceeding or part of a civil proceeding for a
pre-hearing conference in accordance with
the Rules.".
(2) In section 107(2) of the Magistrates' Court Act
1989--
25 (a) in paragraph (a), for "complaint" substitute
"proceeding or any part of the proceeding";
(b) in paragraph (b), for "matter" substitute
"proceeding or any part of the proceeding";
(c) in paragraph (c), for "complaint" substitute
30 "proceeding or any part of the proceeding".
7. Regulations--fees for recordings
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In section 140(1) of the Magistrates' Court Act
1989, after paragraph (b) insert--
"(c) prescribing the fees and charges payable for
the supply by the Court of any recording or
5 any part of a recording of a proceeding;
and".
8. Insertion of new section 143
After section 142 of the Magistrates' Court Act
1989 insert--
10 "143. Rules of court--recording of proceedings
The Chief Magistrate together with 2 or
more Deputy Chief Magistrates may jointly
make rules of court for or with respect to the
recording of proceedings in the Court.".
15 9. Statute law revision
In section 120(1) of the Magistrates' Court Act
1989, omit "the Children's Court Act 1973 and".
_______________
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s. 10
Act No.
PART 4--SUPREME COURT ACT 1986
No. 110/1986. 10. Further restriction on appeals
Reprint No. 3
In section 17A of the Supreme Court Act 1986,
as at
1 August 1998
after sub-section (3) insert--
. Further
amended by
5 "(3A) An order made by the Trial Division
Nos
101/1998, constituted by a Judge on an appeal to the
10/1999 and
Court--
62/1999.
(a) under section 148(1)(b) of the
Victorian Civil and Administrative
10 Tribunal Act 1998; or
(b) under section 92 or 109 of the
Magistrates' Court Act 1989--
is not subject to appeal to the Court of
Appeal except by leave of the Court of
15 Appeal or by leave of the Judge constituting
the Trial Division.
(3B) Sub-section (3A) applies only to an order
made on an appeal instituted after the
commencement of section 10 of the Courts
20 and Tribunals Legislation (Further
Amendment) Act 2000.".
11. Statute law revision
In the Supreme Court Act 1986--
(a) in section 3, in sub-sections (3), (4) and (5),
25 for "General Rules of Procedure in Civil
Proceedings 1986" substitute "Chapter I of
the Rules of the Supreme Court";
(b) in section 84(3)(b)--
(i) for "morgagee's" substitute
30 "mortgagee's";
(ii) for "asignee" substitute "assignee";
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(c) For the heading to Part 8 substitute--
"PART 8--TRANSITIONALS AND SAVINGS";
(d) sections 130, 131, 132, 133, 134, 135, 136,
137 and 140 and the Schedule are repealed.
5 _______________
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s. 12
Act No.
PART 5--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998
No. 53/1998. 12. Definitions
Reprint No. 1
In section 3 of the Victorian Civil and
as at 1 July
1999. Further
5 Administrative Tribunal Act 1998--
amended by
Nos 17/1999,
(a) after the definition of "professional
57/1999 and
1/2000. advocate" insert--
' "reserve judge" of the County Court,
means a judge who has made an
10 election under section 13A(1) of the
County Court Act 1958 or who has
been appointed under section 13A(3A)
of that Act;';
(b) in the definition of "Vice President", after
15 "Tribunal" insert ", including a Vice
President appointed under section 11A".
13. New section 11A inserted
After section 11 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
20 "11A. Short-term Vice Presidents
(1) If the President considers it necessary for the
proper functioning of the Tribunal, he or she
may request the Minister that one or more
reserve judges of the County Court be
25 appointed as Vice Presidents.
(2) The Minister may appoint a reserve judge as
a Vice-President for a term not exceeding
3 months.
(3) A reserve judge may only be appointed as a
30 Vice-President after the Minister has
consulted the Chief Judge.
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(4) The appointment of a reserve judge as a Vice
President does not affect his or her tenure of
office or status as a reserve judge nor any
salary, pension or other rights or privileges
5 that he or she has as a reserve judge.
(5) Service in the office of Vice President must
be taken for all purposes to be service in the
office of reserve judge.
(6) Nothing in this Act prevents a reserve judge
10 appointed as a Vice President who is
appointed under section 13A(4) of the
County Court Act 1958 from constituting
the County Court for the purpose of the
exercise by the County Court of any of its
15 functions.".
14. Appointment of members
In the Victorian Civil and Administrative
Tribunal Act 1998--
(a) in section 16(1), after "Members" insert
20 "(other than a Vice President appointed
under section 11A)";
(b) in section 21(1), after "judge" insert "or
reserve judge, as the case requires".
15. Suspension of non-judicial member
25 (1) In the Victorian Civil and Administrative
Tribunal Act 1998--
(a) in section 22(1)--
(i) for "Minister" (where twice occurring)
substitute "President";
30 (ii) for "President" substitute "Minister";
(b) in section 23(1), for "suspending" substitute
"the President suspends".
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(2) In section 23 of the Victorian Civil and
Administrative Tribunal Act 1998, for
sub-section (8) substitute--
"(8) If the Minister decides not to make a
5 recommendation under sub-section (4)--
(a) the Minister must inform the President
as soon as practicable after receiving
the report under sub-section (2)(b); and
(b) the President must lift the suspension.".
10 16. Validity of proceedings
In section 25 of the Victorian Civil and
Administrative Tribunal Act 1998, at the end of
paragraph (c) insert--
"; or
15 (d) a member or former member represents a
party in a proceeding in contravention of
section 25A.".
17. New section 25A inserted
After section 25 of the Victorian Civil and
20 Administrative Tribunal Act 1998 insert--
"25A. Member or former member may not appear
If the rules provide for proceedings to be
entered in or transferred to lists of the
Tribunal and for members to be assigned to
25 those lists--
(a) a member must not represent a party in
any proceeding that has been entered in
or transferred to a list to which the
member has been assigned;
30 (b) for a period of 2 years after a member
ceases to be a member, he or she must
not represent a party in any proceeding
that has been entered in or transferred
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s. 18
Act No.
to a list to which the former member
was assigned.".
18. Non-payment of application fees
(1) In section 68(3) of the Victorian Civil and
5 Administrative Tribunal Act 1998, for
"application is deemed not to have been lodged"
substitute "Tribunal is to take no further action in
respect of the application (other than action
referred to in sub-section (4))".
10 (2) In section 68 of the Victorian Civil and
Administrative Tribunal Act 1998, for sub-
section (4) substitute--
"(4) If the fee is not paid within 30 days after the
day on which the application is lodged, the
15 Tribunal may make an order striking out the
proceeding, unless--
(a) the fee has been waived under section
132 in that period; or
(b) the fee has been reduced under section
20 132 and the reduced fee has been paid
in that period; or
(c) an applicant has requested the waiver
or reduction of the fee and the request
has not been determined by the end of
25 that period.".
19. Summary dismissal of proceedings
In section 75(3) of the Victorian Civil and
Administrative Tribunal Act 1998, at the end of
paragraph (b) insert--
30 "; or
(c) a senior member who is a legal
practitioner.".
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Act No.
20. Conduct of proceedings causing disadvantage
In section 78(1) of the Victorian Civil and
Administrative Tribunal Act 1998, at the end of
paragraph (f) insert--
5 "; or
(g) failing to attend mediation or the hearing of
the proceeding.".
21. Mediator may require attendance at mediation
In section 89 of the Victorian Civil and
10 Administrative Tribunal Act 1998, after
"mediation" (where first occurring) insert "or the
mediator".
22. Notice of successful mediation
In section 90 of the Victorian Civil and
15 Administrative Tribunal Act 1998, for
"Tribunal" substitute "principal registrar".
23. Power to close hearings
In section 101(5) of the Victorian Civil and
Administrative Tribunal Act 1998, after
20 "sub-section" insert "(2) or".
24. Failing to attend an assessment of costs
In section 111 of the Victorian Civil and
Administrative Tribunal Act 1998, after
sub-section (2) insert--
25 "(3) If--
(a) a party fails to attend an assessment of
costs having been given reasonable
notice of the assessment by the
principal registrar; and
30 (b) the assessment is adjourned as a result;
and
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Act No.
(c) another party incurs additional costs
because of the adjournment--
the principal registrar may order that the
party who failed to attend pay an amount
5 fixed by the principal registrar in respect of
the additional costs of the other party.
(4) An order under sub-section (3) may be
enforced under section 121 as if it were a
monetary order.
10 (5) A party against whom an order is made
under sub-section (3) may, within 14 days
after the day on which the order is made,
require the principal registrar to refer the
order to the Tribunal for review.
15 (6) If the principal registrar makes an order
under sub-section (3), the principal
registrar--
(a) must inform the party against whom it
is made of the right of referral under
20 sub-section (5); and
(b) may stay the order, on the application
of a party or on the principal registrar's
own initiative, pending the exercise of
that right and the determination of the
25 review.
(7) No fee is payable for a referral under
sub-section (5).
(8) On a referral under sub-section (5), the
Tribunal must review the order and may, by
30 order, confirm, vary or set aside the order.
(9) Nothing in Division 3 of Part 3 applies to a
review under sub-section (8).".
25. Declarations
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Act No.
In section 124(2) of the Victorian Civil and
Administrative Tribunal Act 1998, for "judicial
member" substitute "presidential member".
26. Contempt
5 In section 137 of the Victorian Civil and
Administrative Tribunal Act 1998--
(a) in sub-section (10), for "the President"
substitute "a judicial member";
(b) sub-section (11) is repealed.
10 27. Statute law revision
In clause 23 in Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, for
"presiding member" substitute "person
presiding".
15
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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