Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


COURTS LEGISLATION AMENDMENT (ASSOCIATE JUDGES) BILL 2008

                 PARLIAMENT OF VICTORIA

 Courts Legislation Amendment (Associate Judges)
                     Bill 2008



                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
  1      Purpose                                                            1
  2      Commencement                                                       2

PART 2--ASSOCIATE JUDGES OF THE SUPREME COURT                               3
Division 1--Amendment of the Constitution Act 1975                          3
  3      Definitions                                                        3
  4      Supreme Court of the State of Victoria                             3
  5      Divisions of the Court                                             3
  6      Qualification and appointment of Judges                            4
  7      References to Payroll Tax Act updated                              4
  8      As to pensions of Judges of the Supreme Court and their
         spouses and children                                               4
  9      Salaries                                                           5
  10     Power to Judges to award habeas corpus                             5
  11     Court not to be required to exercise jurisdiction where
         jurisdiction conferred on other bodies                             5
  12     Definitions--Part IIIAA                                            5
Division 2--Amendment of the Supreme Court Act 1986                         6
  13     Definitions                                                        6
  14     Robing of Judges                                                   6
  15     New section 9B inserted                                            6
         9B       Titles of Associate Judges                                6
  16     Jurisdiction and powers                                            7
  17     Way in which Court of Appeal may be constituted                    7
  18     Business to be disposed of by Trial Division constituted by a
         Judge                                                              7
  19     Restriction on appeals and references of matters to Court of
         Appeal                                                             8
  20     Power to act in cases relating to rates and taxes                  9
  21     Vexatious litigants                                                9
  22     Power to make Rules                                                9



561143B.I-27/2/2008                    i      BILL LA INTRODUCTION 27/2/2008

 


 

Clause Page 23 Manner of making Rules 10 24 Council of Judges 10 25 Professional development and training 10 26 Minors to become wards only by order and proceeding to test legality of by-laws 11 27 Part 7 heading substituted 11 28 Section 104 substituted 11 104 Appointment of Associate Judges 11 29 Pension entitlements 14 30 Election to commute pension 16 31 Actuary's calculations after election to commute 16 32 Election to commute for payment of surcharge and actuary's calculations 17 33 Payment and commutation of pension 18 34 Election by spouse and children to commute pensions for payment of surcharge and actuary's calculations 18 35 Payment and commutation of pensions of spouse and children 19 36 Section 105 substituted and new section 105A inserted 19 105 Acting Associate Judges 19 105A Acting Senior Master 20 37 Power to employ officers 20 38 Functions of Associate Judges 20 39 New section 109A inserted 20 109A Chief Justice responsible for business of Associate Judges 20 40 Section 110 substituted 21 110 Functions of the Senior Master 21 41 Sections 111 and 111A substituted 21 111 Functions of Associate Judges 21 111A Functions of Registrar of the Court of Appeal 21 42 Section 112 substituted 22 112 Functions of the Registrar of Criminal Appeals and Taxing Master 22 PART 3--ASSOCIATE JUDGES OF THE COUNTY COURT 24 43 Definitions 24 44 New section 3BA inserted 24 3BA Associate judge may exercise jurisdiction of court 24 45 Establishment of the County Court 24 46 Judge to hold court where directed and appoint days of sitting 25 47 Protection of judges and associate judges 25 48 Salaries 25 49 Provision for pensions 25 50 Section 15 substituted 26 15 Power to exercise functions of judge or associate judge by another 26 561143B.I-27/2/2008 ii BILL LA INTRODUCTION 27/2/2008

 


 

Clause Page 51 Professional development and training 26 52 Division heading amended 26 53 Section 17A substituted 27 17A Associate judges 27 54 New section 17ABA inserted 28 17ABA Functions of associate judges 28 55 Salaries and allowances 28 56 Amendments relating to pension entitlements 29 57 Election to commute future pensions for payment of superannuation contributions surcharge 31 58 Actuary's calculations 31 59 Election to commute 32 60 Actuary's calculations after election to commute 32 61 Payment and commutation of pensions 33 62 Election of spouses and eligible children to commute pensions for payment of surcharge 33 63 Actuary's calculation of reduction of pensions of spouses and eligible children 33 64 Payment and commutation of pensions 34 65 Power to registrar to administer oaths 34 66 Arbitration by judge 34 67 Court may award costs where action or matter is struck out for want of jurisdiction 34 68 Jury may be had on re-hearing of County Court proceeding in Supreme Court 35 69 Appeal to the Court of Appeal 35 70 New section 75 inserted 35 75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court 35 71 Power to make rules of practice and Council of Judges 36 PART 4--TRANSITIONAL PROVISIONS 37 72 Section 92 inserted--County Court Act 1958 37 92 Transitional provisions--Courts Legislation Amendment (Associate Judges) Act 2008 37 73 Sections 142 to 144 inserted--Supreme Court Act 1986 38 142 References 38 143 Masters to become Associate Judges 38 144 Pension entitlements 40 PART 5--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 42 74 Accident Compensation Act 1985 42 75 Administration and Probate Act 1958 42 76 Courts (Case Transfer) Act 1991 42 77 Crimes Act 1958 42 561143B.I-27/2/2008 iii BILL LA INTRODUCTION 27/2/2008

 


 

Clause Page 78 Evidence Act 1958 43 79 Instruments Act 1958 43 80 Judicial College of Victoria Act 2001 43 81 Judicial Remuneration Tribunal Act 1995 44 82 Judicial Salaries Act 2004 44 83 Land Acquisition and Compensation Act 1986 47 84 Legal Profession Act 2004 47 85 Property Law Act 1958 47 86 Prostitution Control Act 1994 48 87 Public Administration Act 2004 48 88 Trustee Act 1958 48 PART 6--GENERAL 49 89 Statute law revision--Supreme Court Act 1986 49 90 Statute law revision--County Court Act 1958 49 91 Repeal of Act 49 ENDNOTES 50 561143B.I-27/2/2008 iv BILL LA INTRODUCTION 27/2/2008

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Courts Legislation Amendment (Associate Judges) Bill 2008 A Bill for an Act to amend the Constitution Act 1975, the Supreme Court Act 1986 and the County Court Act 1958 to replace the office of Master of the Supreme Court and master of the County Court with the office of Associate Judge, to consequentially amend other legislation and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The main purpose of this Act is to replace the office of Master of the Supreme Court and master 5 of the County Court with the office of Associate Judge. 561143B.I-27/2/2008 1 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 1--Preliminary s. 2 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into 5 operation before 31 December 2009, it comes into operation on that day. __________________ 561143B.I-27/2/2008 2 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 3 PART 2--ASSOCIATE JUDGES OF THE SUPREME COURT Division 1--Amendment of the Constitution Act 1975 3 Definitions In section 5 of the Constitution Act 1975-- See: Act No. 8750. 5 (a) insert the following definitions-- Reprint No. 18 as at "Associate Judge means an Associate Judge 31 October of the Court referred to in 2006 and section 75(4); amending Act Nos Judge of the Court means a Judge of the 24/2006 and 10 Court referred to in section 75(3);"; 24/2007. LawToday: www. (b) the definition of Master is repealed. legislation. vic.gov.au 4 Supreme Court of the State of Victoria (1) In section 75(2) of the Constitution Act 1975 for "Masters" substitute "Associate Judges". 15 (2) For section 75(4) of the Constitution Act 1975 substitute-- "(4) The Associate Judges of the Court are the Associate Judges appointed from time to time under section 104 of the Supreme 20 Court Act 1986, including an Associate Judge who is the Senior Master.". 5 Divisions of the Court In section 75A of the Constitution Act 1975-- (a) in subsection (2A) for "a Master" substitute 25 "an Associate Judge"; (b) in subsection (4) for "a Master" substitute "an Associate Judge". 561143B.I-27/2/2008 3 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 6 6 Qualification and appointment of Judges In section 75B of the Constitution Act 1975-- (a) in subsection (1), after "a Judge" insert "of the Court"; 5 (b) in subsection (2), after "Judges" insert "of the Court". 7 References to Payroll Tax Act updated In the Constitution Act 1975-- (a) in section 80D(14)(c), for "pay-roll tax 10 payable under the Pay-roll Tax Act 1971" substitute "payroll tax payable under the Payroll Tax Act 2007"; (b) in section 82(7)(c), for "pay-roll tax payable under the Pay-roll Tax Act 1971" substitute 15 "payroll tax payable under the Payroll Tax Act 2007". 8 As to pensions of Judges of the Supreme Court and their spouses and children In section 83(6) of the Constitution Act 1975-- 20 (a) in paragraph (aa), for "Master" (where twice occurring) substitute "Associate Judge"; (b) in paragraph (ac)-- (i) in subparagraph (i), after "Master" insert "or Associate Judge"; 25 (ii) in subparagraph (ii), after "master of the County Court or" insert "an associate judge of the County Court or a master or associate judge (however described)". 561143B.I-27/2/2008 4 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 9 9 Salaries (1) Insert the following heading to section 83A of the Constitution Act 1975-- "Salaries of Associate Judges". 5 (2) In section 83A of the Constitution Act 1975-- (a) in subsections (1) and (2), for "master" substitute "Associate Judge"; (b) in subsection (3), for "masters" substitute "Associate Judges"; 10 (c) in subsection (4)-- (i) for "masters" (wherever occurring) substitute "Associate Judges"; (ii) in paragraph (c), for "pay-roll tax payable under the Pay-roll Tax Act 15 1971" substitute "payroll tax payable under the Payroll Tax Act 2007". 10 Power to Judges to award habeas corpus In section 86 of the Constitution Act 1975, after "a Judge" insert "of the Court". 20 11 Court not to be required to exercise jurisdiction where jurisdiction conferred on other bodies In section 87(2) of the Constitution Act 1975-- (a) for "a Master" substitute "an Associate Judge"; 25 (b) for "or Master" (where twice occurring) substitute "or Associate Judge". 12 Definitions--Part IIIAA In section 87AAA of the Constitution Act 1975, in the definition of judicial office-- 30 (a) in paragraph (b), for "Master" substitute "Associate Judge"; 561143B.I-27/2/2008 5 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 13 (b) in paragraph (d), for "master" substitute "associate judge". Division 2--Amendment of the Supreme Court Act 1986 13 Definitions 5 In section 3(1) of the Supreme Court Act 1986-- See: (a) insert the following definitions-- Act No. 110/1986. Reprint No. 6 "Associate Judge means an Associate Judge as at appointed under section 104 and 28 April 2006 and referred to in section 75(4) of the 10 amending Constitution Act 1975; Act Nos 48/2006 and Judge of the Court means a Judge of the 24/2007. LawToday: Court referred to in section 75(3) of the www. Constitution Act 1975;"; legislation. vic.gov.au (b) in the definition of court official, in 15 paragraph (c) after "Judge" insert "or Associate Judge"; (c) the definition of Master is repealed. 14 Robing of Judges In section 9A of the Supreme Court Act 1986, 20 after "of Judges" insert "of the Court". 15 New section 9B inserted After section 9A of the Supreme Court Act 1986 insert-- "9B Titles of Associate Judges 25 Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any Associate Judge.". 561143B.I-27/2/2008 6 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 16 16 Jurisdiction and powers (1) In section 10(1)(a) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court". (2) After section 10(1)(a) of the Supreme Court Act 5 1986 insert-- "(ab) all appeals from the Trial Division constituted by an Associate Judge which the Rules specify are to be heard and determined by the Court of Appeal;". 10 (3) In section 10(1)(c) of the Supreme Court Act 1986 after "Judge" insert "of that Court". 17 Way in which Court of Appeal may be constituted In section 11(4), (5) and (7) of the Supreme Court Act 1986 for "a Master" substitute 15 "an Associate Judge". 18 Business to be disposed of by Trial Division constituted by a Judge (1) Insert the following heading to section 17 of the Supreme Court Act 1986-- 20 "Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge". (2) In section 17(1) of the Supreme Court Act 1986, after "a Judge" insert "of the Court". 25 (3) After section 17(1) of the Supreme Court Act 1986 insert-- "(1A) The Trial Division constituted by an Associate Judge may hear and determine all matters, whether civil or criminal, not 30 required by or under this Act or any other Act or the Rules to be heard and determined-- 561143B.I-27/2/2008 7 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 19 (a) by the Court of Appeal; or (b) by the Trial Division constituted by a Judge of the Court.". (4) In section 17(2) of the Supreme Court Act 1986, 5 after "a Judge" insert "of the Court". (5) After section 17(2) of the Supreme Court Act 1986 insert-- "(3) Unless otherwise expressly provided by this Act or any other Act or the Rules, an appeal 10 lies to the Trial Division constituted by a Judge of the Court from any determination of the Trial Division constituted by an Associate Judge.". 19 Restriction on appeals and references of matters to 15 Court of Appeal (1) In section 17A of the Supreme Court Act 1986-- (a) in subsection (1)-- (i) after "a Judge" insert "of the Court"; 20 (ii) after "the Judge" insert "of the Court"; (b) in subsection (2), after "a Judge" (wherever occurring) insert "of the Court"; (c) in subsection (3), after "a Judge" insert "of the Court or constituted by an Associate 25 Judge"; (d) in subsection (3A)-- (i) after "a Judge" insert "of the Court or constituted by an Associate Judge"; (ii) after "the Judge" insert "of the Court or 30 Associate Judge"; 561143B.I-27/2/2008 8 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 20 (e) in subsection (4)(b)-- (i) after "the Judge" insert "of the Court or Associate Judge"; (ii) after "a Judge" insert "of the Court or 5 an Associate Judge, as the case requires"; (iii) in subparagraph (v), after "the Judges" insert "of the Court"; (f) in subsection (7), after "the Judge" insert 10 "of the Court or an Associate Judge". (2) In section 17B(2) of the Supreme Court Act 1986, after "a Judge" insert "of the Court or constituted by an Associate Judge". 20 Power to act in cases relating to rates and taxes 15 In section 20A(1) of the Supreme Court Act 1986, after "Judge" insert ", Associate Judge". 21 Vexatious litigants In section 21(7) of the Supreme Court Act 1986, after "a Judge" insert "of the Court". 20 22 Power to make Rules (1) In section 25(1) of the Supreme Court Act 1986-- (a) in paragraph (b) for "a Master" substitute "an Associate Judge"; 25 (b) in paragraph (c), for "from the Trial Division constituted by a Master or from a Master of the County Court" substitute "an associate judge of the County Court"; 561143B.I-27/2/2008 9 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 23 (c) after paragraph (ca) insert-- "(cb) appeals by way of rehearing or otherwise from the Trial Division constituted by an Associate Judge-- 5 (i) to the Court of Appeal; or (ii) to the Trial Division constituted by a Judge of the Court;". (2) After section 25(1) of the Supreme Court Act 1986 insert-- 10 "(1A) The Rules may-- (a) confer a discretionary authority or impose a duty on the Chief Justice or a specified court official or a specified class of court official; and 15 (b) provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the Rules, whether unconditionally or on specified 20 conditions and either wholly or to such an extent as is specified.". 23 Manner of making Rules In section 26 of the Supreme Court Act 1986, after "1975" insert "or any Associate Judge". 25 24 Council of Judges In section 28(4) of the Supreme Court Act 1986, after "1975" insert "or any Associate Judge". 25 Professional development and training In section 28A(1) of the Supreme Court Act 30 1986 in the definition of judicial officer, for paragraph (b) substitute-- "(b) an Associate Judge.". 561143B.I-27/2/2008 10 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 26 26 Minors to become wards only by order and proceeding to test legality of by-laws (1) In section 102(1) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court". 5 (2) In section 103(1) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court". 27 Part 7 heading substituted For the heading to Part 7 of the Supreme Court Act 1986 substitute-- 10 "PART 7--ASSOCIATE JUDGES AND OFFICERS OF THE COURT". 28 Section 104 substituted For section 104 of the Supreme Court Act 1986 substitute-- 15 "104 Appointment of Associate Judges (1) Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council. (2) The Associate Judges appointed under 20 subsection (1)-- (a) must include an Associate Judge who is the Senior Master; and (b) may include-- (i) an Associate Judge who is the 25 Registrar of the Court of Appeal; (ii) an Associate Judge who is the Registrar of the Criminal Appeals; (iii) an Associate Judge who is the Taxing Master. 561143B.I-27/2/2008 11 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 28 (3) An Associate Judge may be appointed as both Registrar of the Court of Appeal and the Registrar of Criminal Appeals and may hold both those offices concurrently. 5 (4) If the offices of Registrar of the Court of Appeal and Registrar of Criminal Appeals are held by the same person-- (a) the offices are deemed to be a single office under the title of Registrar of the 10 Court of Appeal; and (b) a reference in this or any other Act or in the Rules or any other instrument or document to the Registrar of Criminal Appeals is deemed to be a reference to 15 the Registrar of the Court of Appeal. (5) No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created. 20 (6) A person must not be appointed as an Associate Judge unless that person-- (a) is or has been a judge, an associate judge or a magistrate of-- (i) the High Court of Australia or of a 25 court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital 30 Territory; or (b) has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a 561143B.I-27/2/2008 12 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 28 legal practitioner of the High Court of Australia, for not less than 5 years. (7) An Associate Judge ceases to hold office only-- 5 (a) if he or she resigns by delivering to the Governor a signed letter of resignation; or (b) if he or she is removed from office by the Governor in Council in accordance 10 with Part IIIAA of the Constitution Act 1975; or (c) if his or her office is abolished by or under an Act; or (d) if he or she is not capable of continuing 15 in office because of subsection (9) or (10). (8) An Associate Judge who is the Senior Master or the Registrar of the Court of Appeal and any other Associate Judge is-- 20 (a) entitled to such applicable salary and allowances as are payable under section 83A of the Constitution Act 1975; and (b) not subject to the Public Administration Act 2004. 25 (9) Subject to subsection (10), a person who has attained the age of 70 years is not capable of being appointed to or continuing in an office referred to in this section. (10) A person appointed to the office of Master 30 before 1 July 1986 and holding that office before the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008 continues in office without interruption as an Associate 35 Judge until attaining the age of 72 years.". 561143B.I-27/2/2008 13 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 29 29 Pension entitlements (1) In the heading to section 104A of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges". 5 (2) In section 104A of the Supreme Court Act 1986-- (a) in subsection (1)-- (i) for "A Master" substitute "An Associate Judge"; 10 (ii) in paragraph (a)(ii) for "a Master appointed" substitute "an Associate Judge who was appointed as a Master"; (b) in subsection (1A)-- (i) for "A Master" substitute 15 "An Associate Judge"; (ii) for "a Master" (where twice occurring) substitute "an Associate Judge"; (c) in subsection (1B)-- (i) for "A Master" substitute 20 "An Associate Judge"; (ii) in paragraph (a) for "as a Master" substitute "as an Associate Judge"; (d) in subsection (2)-- (i) for "a Master" substitute "an Associate 25 Judge, a former Associate Judge"; (ii) for "the Master's former office" substitute "the former office of the Associate Judge or former Associate Judge or the office of Associate Judge 30 that is equivalent to the former office of the former Master, as the case requires"; 561143B.I-27/2/2008 14 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 29 (e) in subsection (3)-- (i) for "a Master" substitute "an Associate Judge, a former Associate Judge"; (ii) for "the Master's" substitute "the 5 Associate Judge's or former Master's"; (f) in subsection (4)-- (i) for "a Master" substitute "an Associate Judge, a former Associate Judge"; (ii) for "the Master" substitute "the 10 Associate Judge, former Associate Judge"; (g) in subsection (5)-- (i) for "a Master" substitute "an Associate Judge, a former Associate Judge"; 15 (ii) for "the Master" substitute "the Associate Judge, former Associate Judge"; (h) in subsection (7), after "Master" insert "or former Associate Judge"; 20 (i) in subsection (9)-- (i) for "A Master" substitute "An Associate Judge"; (ii) for "section 104(3A)(c)" substitute "section 104(7)(d)". 25 (3) After section 104A(11) of the Supreme Court Act 1986 insert-- "(12) For the purposes of this section, service as a Master before the commencement of section 28 of the Courts Legislation Amendment 30 (Associate Judges) Act 2008 shall count as service as an Associate Judge. 561143B.I-27/2/2008 15 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 30 (13) In this section, former Master means a Master who resigned, retired or died before the commencement of section 29 of the Courts Legislation Amendment (Associate 5 Judges) Act 2008.". 30 Election to commute pension (1) In the heading to section 104B of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges". 10 (2) In section 104B of the Supreme Court Act 1986-- (a) in subsection (1)-- (i) for "A Master" substitute "An Associate Judge"; 15 (ii) for "the Master" substitute "the Associate Judge"; (b) in subsection (2), for "A Master" substitute "An Associate Judge". 31 Actuary's calculations after election to commute 20 (1) In the heading to section 104C of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges". (2) In section 104C of the Supreme Court Act 1986-- 25 (a) in subsection (1)-- (i) for "a Master" substitute "an Associate Judge"; (ii) for "former Master" (wherever occurring) substitute "former 30 Associate Judge"; (b) for "Master's" (wherever occurring) substitute "Associate Judge's"; 561143B.I-27/2/2008 16 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 32 (c) in subsections (2), (4)(a) and (4)(b) for "Master" substitute "Associate Judge". (3) In the heading to section 104D of the Supreme Court Act 1986, for "Masters" substitute 5 "Associate Judges". (4) In section 104D of the Supreme Court Act 1986-- (a) for "Master's" (wherever occurring) substitute "Associate Judge's"; 10 (b) in subsections (1) and (2)(b), for "Master" (wherever occurring) substitute "Associate Judge". 32 Election to commute for payment of surcharge and actuary's calculations 15 (1) In the heading to section 104E of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges". (2) In section 104E of the Supreme Court Act 1986-- 20 (a) in subsections (1) and (2)(c), for "Master" (wherever occurring) substitute "Associate Judge"; (b) in subsection (2)(a) for "Master's" substitute "Associate Judge's". 25 (3) In the heading to section 104F of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'". (4) In section 104F of the Supreme Court Act 1986-- 30 (a) for "Master" (wherever occurring) substitute "Associate Judge"; (b) for "Master's" (wherever occurring) substitute "Associate Judge's". 561143B.I-27/2/2008 17 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 33 33 Payment and commutation of pension (1) In the heading to section 104G of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges". 5 (2) In section 104G of the Supreme Court Act 1986-- (a) in subsections (2) and (3) for "Master's" (wherever occurring) substitute "Associate Judge's"; 10 (b) in subsection (3), for "Master" (wherever occurring) substitute "Associate Judge". 34 Election by spouse and children to commute pensions for payment of surcharge and actuary's calculations 15 (1) In the heading to section 104H of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'". (2) In section 104H of the Supreme Court Act 1986-- 20 (a) for "Master" (wherever occurring) substitute "Associate Judge"; (b) for "Master's" (wherever occurring) substitute "Associate Judge's". (3) In the heading to section 104I of the Supreme 25 Court Act 1986, for "Masters'" substitute "Associate Judges'". (4) In section 104I of the Supreme Court Act 1986, for "Master" (where twice occurring) substitute "Associate Judge". 561143B.I-27/2/2008 18 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 35 35 Payment and commutation of pensions of spouse and children (1) In the heading to section 104J of the Supreme Court Act 1986, for "Masters'" substitute 5 "Associate Judges'". (2) In section 104J of the Supreme Court Act 1986-- (a) in subsections (2) and (3)(a), for "Master" (wherever occurring) substitute "Associate 10 Judge"; (b) in subsection (3)(a), for "Master's" (wherever occurring) substitute "Associate Judge's". 36 Section 105 substituted and new section 105A inserted 15 For section 105 of the Supreme Court Act 1986 substitute-- "105 Acting Associate Judges (1) If an Associate Judge other than the Associate Judge who is the Senior Master is 20 absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of that Associate Judge. (2) If an Associate Judge other than the 25 Associate Judge who is the Senior Master is absent for a period not exceeding 6 months, the Chief Justice may nominate another Associate Judge to act in the place of that Associate Judge. 30 (3) A person appointed under subsection (1) or nominated under subsection (2) has and may exercise the duties and powers of the Associate Judge in whose place the appointee or nominee is acting. 561143B.I-27/2/2008 19 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 37 105A Acting Senior Master (1) If the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in 5 Council may appoint another Associate Judge to act in the place of the Senior Master. (2) If the Associate Judge who is the Senior Master is absent, another Associate Judge 10 nominated by the Senior Master has and may exercise the duties and powers of the Senior Master in relation to the receipt, investment and payment out of funds in court.". 37 Power to employ officers 15 After section 106(a) of the Supreme Court Act 1986 insert-- "(ab) registrars, deputy registrars and any other employees that are necessary for the effective operation of the Court generally; 20 and". 38 Functions of Associate Judges For the heading to Division 2 of Part 7 of the Supreme Court Act 1986 substitute-- "Division 2--Functions of Associate Judges". 25 39 New section 109A inserted Before section 110 of the Supreme Court Act 1986 insert-- "109A Chief Justice responsible for business of Associate Judges 30 The Chief Justice has responsibility for the administration of the business of the Associate Judges, including the Associate Judge who is the Senior Master, and the 561143B.I-27/2/2008 20 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 40 orderly and expeditious exercise of their functions and powers.". 40 Section 110 substituted For section 110 of the Supreme Court Act 1986 5 substitute-- "110 Functions of the Senior Master The Senior Master has the duties, powers and authorities imposed or conferred on him or her by or under this Act or any other Act 10 or the Rules.". 41 Sections 111 and 111A substituted For sections 111 and 111A of the Supreme Court Act 1986 substitute-- "111 Functions of Associate Judges 15 The Associate Judges-- (a) must assist in the general business of the Court; and (b) must perform the duties and exercise the powers and authorities imposed or 20 conferred on them by or under this Act or any other Act or the Rules. 111A Functions of Registrar of the Court of Appeal The Registrar of the Court of Appeal is, 25 subject to the general direction and control of the President, responsible for-- (a) the preliminary examination of all applications and appeals made to the Court of Appeal, including all 30 applications made to the Court of Appeal under Part VI of the Crimes Act 1958 and the Rules made under that Part; 561143B.I-27/2/2008 21 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 42 (b) taking such action as he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of 5 those applications and appeals to the Court of Appeal; (c) performing such other duties and exercising such other powers and authorities as are imposed or conferred 10 on him or her by the President, this Act or any other Act or the Rules.". 42 Section 112 substituted For section 112 of the Supreme Court Act 1986 substitute-- 15 "112 Functions of the Registrar of Criminal Appeals and Taxing Master (1) The Registrar of Criminal Appeals is, subject to the general direction and control of the Registrar of the Court of Appeal, responsible 20 for-- (a) the preliminary examination of all applications made to the Court of Appeal under Part VI of the Crimes Act 1958 and the Rules made under 25 that Part; (b) taking such action as he or she is authorised or required by the Registrar of the Court of Appeal or the Rules to take to ensure the efficient and 30 expeditious despatch of those applications to the Court of Appeal; (c) performing such other duties as are imposed or conferred on him or her by the Registrar of the Court of Appeal or 35 any Act or the Rules. 561143B.I-27/2/2008 22 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 2--Associate Judges of the Supreme Court s. 42 (2) The Taxing Master is responsible for assessing and settling bills of costs and for that purpose has all the powers and authorities of the Court. 5 Note The Taxing Master also has functions in relation to costs reviews under Division 7 of Part 3.4 of the Legal Profession Act 2004.". __________________ 561143B.I-27/2/2008 23 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 43 PART 3--ASSOCIATE JUDGES OF THE COUNTY COURT 43 Definitions See: In section 3(1) of the County Court Act 1958-- Act No. 6230. Reprint No. 12 (a) insert the following definition-- as at 5 28 April 2006 "associate judge means a person appointed and under section 17A;"; amending Act Nos (b) in the definition of judge, after "Chief 22/2006, 50/2006, Judge" insert "but does not include an 24/2007, associate judge". 26/2007 and 28/2007. LawToday: www. legislation. vic.gov.au 10 44 New section 3BA inserted After section 3B of the County Court Act 1958 insert-- "3BA Associate judge may exercise jurisdiction of court 15 Subject to this Act, any other Act and the Rules an associate judge may exercise at any time and place all the jurisdiction vested in the court.". 45 Establishment of the County Court 20 (1) In section 4(1A) of the County Court Act 1958, for "masters" substitute "associate judges". (2) In section 4(1B) of the County Court Act 1958-- (a) for "a master or registrar" substitute "an associate judge or a registrar"; 25 (b) for "judge, master or registrar" substitute "judge, an associate judge or a registrar". 561143B.I-27/2/2008 24 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 46 46 Judge to hold court where directed and appoint days of sitting (1) Insert the following heading to section 7 of the County Court Act 1958-- 5 "Where court held and days of sitting". (2) In section 7(1) of the County Court Act 1958, after "a judge" insert "or, subject to the Rules, an associate judge". (3) In section 7(4) of the County Court Act 1958, 10 after "a judge" (wherever occurring) insert "or an associate judge, as the case requires". 47 Protection of judges and associate judges (1) Insert the following heading to section 9A of the County Court Act 1958-- 15 "Protection of judges and associate judges". (2) At the end of section 9A of the County Court Act 1958 insert-- "(2) An associate judge has in the performance of his or her duties as an associate judge the 20 same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.". 48 Salaries In section 10(9) of the County Court Act 1958, 25 after "2005" insert "or an associate judge". 49 Provision for pensions In section 14(5) of the County Court Act 1958-- (a) in paragraph (aa) for "master" (where twice occurring) substitute "associate judge"; 30 (b) in paragraph (ad)-- (i) in subparagraph (i), after "master" insert "or associate judge"; 561143B.I-27/2/2008 25 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 50 (ii) in subparagraph (ii), for "a master of a" substitute ", an Associate Judge of the Supreme Court, or a master or an associate judge (however described) 5 of a". 50 Section 15 substituted For section 15 of the County Court Act 1958 substitute-- "15 Power to exercise functions of judge or 10 associate judge by another Despite anything in any Act, any power, duty or act which might have been exercised or performed by any judge or associate judge but for-- 15 (a) his or her having ceased for any reason to be a judge or associate judge; or (b) his or her absence on leave or vacation or in consequence of sickness or otherwise-- 20 shall be exercisable or performable by any other judge or associate judge (as the case requires).". 51 Professional development and training In section 17AAA(1) of the County Court Act 25 1958, in the definition of judicial officer, for paragraph (b) substitute-- "(b) an associate judge". 52 Division heading amended In the heading to Division 3A of Part I of the 30 County Court Act 1958, for "Masters" substitute "Associate Judges". 561143B.I-27/2/2008 26 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 53 53 Section 17A substituted For section 17A of the County Court Act 1958 substitute-- "17A Associate judges 5 (1) The Governor in Council may appoint one or more persons to be associate judges of the court. (2) An associate judge ceases to hold office only-- 10 (a) if he or she resigns by delivering to the Governor a signed letter of resignation; or (b) if he or she is removed from office by the Governor in Council in accordance 15 with Part IIIAA of the Constitution Act 1975; or (c) if his or her office is abolished; or (d) if he or she is not capable of continuing in office because of subsection (5). 20 (3) A person must not be appointed as an associate judge unless the person-- (a) is or has been a judge, an associate judge or a magistrate of-- (i) the High Court of Australia or of a 25 court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital 30 Territory; or (b) is an Australian lawyer of at least 5 years' standing. 561143B.I-27/2/2008 27 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 54 (4) An associate judge-- (a) is entitled to such salaries and allowances as are from time to time payable under section 17AA; and 5 (b) is not subject to the Public Administration Act 2004. (5) A person who has attained the age of 70 years is not capable of being appointed to or continuing in office as an associate 10 judge.". 54 New section 17ABA inserted After section 17A of the County Court Act 1958 insert-- "17ABA Functions of associate judges 15 (1) The Chief Judge may assign duties to an associate judge. (2) An associate judge must carry out the duties from time to time assigned to him or her under subsection (1). 20 (3) Without limiting subsection (1), an associate judge must-- (a) assist in the general business of the court; and (b) perform such duties and exercise such 25 powers and authorities as are imposed or conferred on the associate judge by or under this Act or any other Act or by the Rules.". 55 Salaries and allowances 30 (1) Insert the following heading to section 17AA of the County Court Act 1958-- "Salaries and allowances of associate judges". 561143B.I-27/2/2008 28 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 56 (2) In section 17AA of the County Court Act 1958-- (a) in subsections (1) and (2), for "master" substitute "associate judge"; 5 (b) in subsections (3) and (4), for "masters of the court" (wherever occurring) substitute "associate judges". 56 Amendments relating to pension entitlements (1) In the heading to section 17B of the County 10 Court Act 1958, for "masters" substitute "associate judges". (2) In section 17B of the County Court Act 1958-- (a) in subsection (1)-- (i) for "A master" substitute "An associate 15 judge"; (ii) in paragraph (a)(ii) for "a master appointed" substitute "an associate judge who was appointed as a master"; (b) in subsection (1A)-- 20 (i) for "A master" substitute "An associate judge"; (ii) for "a master" (where twice occurring) substitute "an associate judge"; (c) in subsection (1B)-- 25 (i) for "A master" substitute "An associate judge"; (ii) in paragraph (a) for "as a master" substitute "as an associate judge"; (d) in subsection (2)-- 30 (i) for "a master" substitute "an associate judge, a former associate judge"; 561143B.I-27/2/2008 29 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 56 (ii) for "the master's former office" substitute "the former office of the associate judge, former associate judge or the office of associate judge that is 5 equivalent to the former office of the former master, as the case requires"; (e) in subsection (3)-- (i) for "a master" substitute "an associate judge, a former associate judge"; 10 (ii) for "the master's" substitute "the associate judge's or former master's"; (f) in subsection (4)-- (i) for "a master" substitute "an associate judge, a former associate judge"; 15 (ii) for "the master" substitute "the associate judge, former associate judge"; (g) in subsection (5)-- (i) for "a master" substitute "an associate 20 judge, a former associate judge"; (ii) for "the master" substitute "the associate judge, former associate judge"; (h) in subsection (7), after "master" insert "or 25 former associate judge"; (i) in subsection (9)-- (i) "A master" substitute "An associate judge"; (ii) for "section 17A(2)(c)" substitute 30 "section 17A(2)(d)". 561143B.I-27/2/2008 30 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 57 (3) After section 17B(11) of the County Court Act 1958 insert-- "(12) For the purposes of this section, service as a master before the commencement of 5 section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an associate judge. (13) In this section, former master means a master who resigned, retired or died before 10 the commencement of section 56 of the Courts Legislation Amendment (Associate Judges) Act 2008.". 57 Election to commute future pensions for payment of superannuation contributions surcharge 15 (1) In the heading to section 17C of the County Court Act 1958, for "masters" substitute "associate judges". (2) In section 17C of the County Court Act 1958-- (a) in subsection (1)-- 20 (i) for "A master" substitute "An associate judge"; (ii) for "the master" substitute "the associate judge"; (b) in subsection (2), for "A master" substitute 25 "An associate judge". 58 Actuary's calculations (1) In the heading to section 17D of the County Court Act 1958, for "masters" substitute "associate judges". 30 (2) In section 17D of the County Court Act 1958-- (a) in subsection (1)-- (i) for "a master" substitute "an associate judge"; 561143B.I-27/2/2008 31 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 59 (ii) in paragraphs (a) and (b), for "former master" substitute "former associate judge"; (b) for "master's" (wherever occurring) 5 substitute "associate judge's"; (c) in subsections (2), (4)(a) and (4)(b) for "master" substitute "associate judge". (3) In the heading to section 17E of the County Court Act 1958, for "masters" substitute 10 "associate judges". (4) In section 17E of the County Court Act 1958-- (a) for "master's" (wherever occurring) substitute "associate judge's"; (b) in subsections (1) and (2)(b), for "master" 15 (wherever occurring) substitute "associate judge". 59 Election to commute (1) In the heading to section 17F of the County Court Act 1958, for "masters" substitute 20 "associate judges". (2) In section 17F of the County Court Act 1958-- (a) in subsections (1) and (2)(c), for "master" (wherever occurring) substitute "associate judge"; 25 (b) in subsection (2)(a) for "master's" substitute "associate judge's". 60 Actuary's calculations after election to commute (1) In the heading to section 17G of the County Court Act 1958, for "masters'" substitute 30 "associate judges'". 561143B.I-27/2/2008 32 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 61 (2) In section 17G of the County Court Act 1958-- (a) for "master" (wherever occurring) substitute "associate judge"; (b) for "master's" (wherever occurring) 5 substitute "associate judge's". 61 Payment and commutation of pensions (1) In the heading to section 17H of the County Court Act 1958, for "masters" substitute "associate judges". 10 (2) In section 17H of the County Court Act 1958-- (a) in subsections (2) and (3) for "master's" (wherever occurring) substitute "associate judge's"; (b) in subsection (3), for "master" (where twice 15 occurring) substitute "associate judge". 62 Election of spouses and eligible children to commute pensions for payment of surcharge (1) In the heading to section 17I of the County Court Act 1958, for "masters'" substitute "associate 20 judges'". (2) In section 17I of the County Court Act 1958-- (a) for "master" (wherever occurring) substitute "associate judge"; (b) for "master's" (wherever occurring) 25 substitute "associate judge's". 63 Actuary's calculation of reduction of pensions of spouses and eligible children (1) In the heading to section 17J of the County Court Act 1958, for "masters'" substitute "associate 30 judges'". 561143B.I-27/2/2008 33 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 64 (2) In section 17J of the County Court Act 1958, for "master" (where twice occurring) substitute "associate judge". 64 Payment and commutation of pensions 5 (1) In the heading to section 17K of the County Court Act 1958, for "masters'" substitute "associate judges'". (2) In section 17K of the County Court Act 1958-- (a) in subsections (2) and (3)(a), for "master" 10 (wherever occurring) substitute "associate judge"; (b) in subsection (3)(a), for "master's" (wherever occurring) substitute "associate judge's". 65 Power to registrar to administer oaths 15 In section 22(2) of the County Court Act 1958-- (a) after "Supreme Court" insert "or any Associate Judge of the Supreme Court"; (b) for "or master" substitute "or associate judge". 20 66 Arbitration by judge Insert the following heading to section 47 of the County Court Act 1958-- "Arbitration". 67 Court may award costs where action or matter is 25 struck out for want of jurisdiction In section 55 of the County Court Act 1958, after "the judge" insert "or associate judge, as the case requires,". 561143B.I-27/2/2008 34 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 68 68 Jury may be had on re-hearing of County Court proceeding in Supreme Court In section 72(1) of the County Court Act 1958-- (a) for "Full Court of the Supreme Court" 5 (where twice occurring) substitute "Court of Appeal"; (b) for "by a judge" substitute "by a Judge of the Court"; (c) for "if he so" substitute "if the party so"; 10 (d) for "six men" substitute "six persons". 69 Appeal to the Court of Appeal In section 74(1) of the County Court Act 1958, after "order of the court" insert "constituted by a judge other than an associate judge". 15 70 New section 75 inserted After section 74 of the County Court Act 1958 insert-- "75 Appeal from court constituted by associate judge to Trial Division of the 20 Supreme Court (1) Subject to subsection (2), any party to a civil proceeding who is dissatisfied with any judgment or order of the court constituted by an associate judge may appeal from the same 25 to the Trial Division of the Supreme Court, despite the civil proceeding having been brought in the County Court by consent as provided by this Act. (2) An appeal under this section-- 30 (a) is subject to leave by the associate judge constituting the court or to leave by the Trial Division of the Supreme Court; and 561143B.I-27/2/2008 35 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 3--Associate Judges of the County Court s. 71 (b) is to be in accordance with the Rules of the Supreme Court.". 71 Power to make rules of practice and Council of Judges 5 (1) In section 78(1) of the County Court Act 1958-- (a) after "2005" insert "or associate judges"; (b) for paragraph (fa) substitute-- "(fa) regulating the exercise by associate judges of the jurisdiction of the court;"; 10 (c) paragraph (fb) is repealed; (2) In section 78(2) of the County Court Act 1958, after "2005" insert "or associate judges". (3) In section 87(3) of the County Court Act 1958, after "2005" insert "or an associate judge". __________________ 561143B.I-27/2/2008 36 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 4--Transitional Provisions s. 72 PART 4--TRANSITIONAL PROVISIONS 72 Section 92 inserted--County Court Act 1958 After section 91 of the County Court Act 1958 insert-- 5 "92 Transitional provisions--Courts Legislation Amendment (Associate Judges) Act 2008 (1) Unless the contrary intention appears, on and from the commencement of section 53 of the 10 Courts Legislation Amendment (Associate Judges) Act 2008, a reference in any Act (other than that Act), subordinate instrument or other document, to a master of the County Court is to be construed as a reference to an 15 associate judge of the County Court. (2) Nothing in the Courts Legislation Amendment (Associate Judges) Act 2008 affects the pension entitlements of a master who resigned, retired or died before the 20 commencement of section 56 of that Act or the spouse or partner or eligible child of such a master and-- (a) subject to paragraph (b), those entitlements continue in existence as if 25 the amendments made by that Act had not been made; (b) a reference in section 17B to the annual salary for the time being applicable or payable in respect of an office held 30 immediately before retirement or at the date of death, resignation or retirement is, in relation to a former master who resigned or retired before the commencement of section 56 of the 35 Courts Legislation Amendment 561143B.I-27/2/2008 37 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 4--Transitional Provisions s. 73 (Associate Judges) Act 2008 or the spouse or partner or eligible child of such a former master, a reference to the annual salary for the time being payable 5 under section 17AA(1) of the County Court Act 1958 in respect of the office of associate judge.". 73 Sections 142 to 144 inserted--Supreme Court Act 1986 10 After section 141 of the Supreme Court Act 1986 insert-- "142 References Unless the contrary intention appears, on and from the commencement of section 28 of the 15 Courts Legislation Amendment (Associate Judges) Act 2008, a reference in any Act (other than that Act), subordinate instrument or other document-- (a) to a Master of the Supreme Court is to 20 be construed as a reference to an Associate Judge of the Supreme Court; and (b) to the Senior Master is to be construed as a reference to the Associate Judge 25 who is the Senior Master; and (c) to the Taxing Master is to be construed as a reference to the Associate Judge who is the Taxing Master. 143 Masters to become Associate Judges 30 (1) On and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008-- 561143B.I-27/2/2008 38 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 4--Transitional Provisions s. 73 (a) a person appointed to the office of Senior Master before that commencement and holding that office immediately before that 5 commencement continues to hold office as an Associate Judge who is the Senior Master appointed under section 104(2)(a) as substituted by section 28 of that Act without further 10 appointment; (b) a person appointed to the office of Registrar of the Court of Appeal before that commencement and holding that office immediately before that 15 commencement continues to hold office as an Associate Judge who is the Registrar of the Court of Appeal appointed under section 104(2)(b) as substituted by section 28 of that Act 20 without further appointment; (c) a person appointed to the office of Registrar of Criminal Appeals before that commencement and holding that office immediately before that 25 commencement continues to hold office as an Associate Judge who is the Registrar of Criminal Appeals appointed under section 104(2)(b) as substituted by section 28 of that Act 30 without further appointment; (d) a person appointed to the office of Taxing Master before that commencement and holding that office immediately before that 35 commencement continues to hold office as an Associate Judge who is the Taxing Master appointed under section 104(2)(b) as substituted by section 28 561143B.I-27/2/2008 39 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 4--Transitional Provisions s. 73 of that Act without further appointment; (e) a person appointed to the office of Master before that commencement and 5 holding that office immediately before that commencement continues to hold office as an Associate Judge appointed under section 104 as substituted by section 28 of that Act without further 10 appointment. (2) Subsection (1) does not affect any salary, other remuneration, allowances or pension entitlements of any person referred to in that subsection. 15 144 Pension entitlements Nothing in the Courts Legislation Amendment (Associate Judges) Act 2008 affects the pension entitlements of a Master who resigned, retired or died before the 20 commencement of section 29 of that Act or the spouse or partner or eligible child of such a Master and-- (a) subject to paragraph (b), those entitlements continue in existence as if 25 the amendments made by that Act had not been made; (b) a reference in section 104A to the annual salary for the time being applicable or payable in respect of an 30 office held immediately before retirement or at the date of death, resignation or retirement is, in relation to a Master who resigned, retired or died before the commencement of 35 section 29 of the Courts Legislation Amendment (Associate Judges) Act 561143B.I-27/2/2008 40 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 4--Transitional Provisions s. 73 2008 or the spouse or partner or eligible child of such a Master, a reference to the annual salary for the time being payable under section 83A(1) of the 5 Constitution Act 1975 in respect of the office of Associate Judge equivalent to the office of that Master.". __________________ 561143B.I-27/2/2008 41 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 74 PART 5--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 74 Accident Compensation Act 1985 In section 135BA of the Accident Compensation 5 Act 1985-- (a) in subsection (3) for "the Master of the Supreme Court" substitute "an Associate Judge of the Supreme Court"; (b) in subsections (4), (5) and (6) for "Master of 10 the Supreme Court" (wherever occurring) substitute "Associate Judge of the Supreme Court". 75 Administration and Probate Act 1958 In section 3 of the Administration and Probate 15 Act 1958, the definition of Master is repealed. 76 Courts (Case Transfer) Act 1991 In section 3(1) of the Courts (Case Transfer) Act 1991 in the definition of Designated judicial officer-- 20 (a) in paragraph (a), for "a Master of the Supreme Court" substitute "an Associate Judge"; (b) in paragraph (b), for "a Master" substitute "an associate judge". 25 77 Crimes Act 1958 Insert the following definition in section 2A(1) of the Crimes Act 1958-- "Taxing Master means any Associate Judge of the Supreme Court from time to time carrying 30 out the functions of assessing, settling or taxing of costs in proceedings in that Court.". 561143B.I-27/2/2008 42 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 78 78 Evidence Act 1958 (1) In section 3(1) of the Evidence Act 1958, in the definition of person acting judicially, for "master" substitute "Associate Judge". 5 (2) For section 107A(1)(h) of the Evidence Act 1958 substitute-- "(h) the associate of an Associate Judge of the Supreme Court or of an associate judge of the County Court;". 10 (3) For section 123C(1)(b) of the Evidence Act 1958 substitute-- "(b) an Associate Judge of the Supreme Court or the associate to such Associate Judge; (ba) an associate judge of the County Court or the 15 associate to such associate judge;". 79 Instruments Act 1958 In the Second Schedule to the Instruments Act 1958, for "a Master" substitute "an Associate Judge". 20 80 Judicial College of Victoria Act 2001 (1) In section 3 of the Judicial College of Victoria Act 2001 in the definition of judicial officer-- (a) in paragraph (a) for "Master" substitute "an Associate Judge"; 25 (b) in paragraph (b) for "master" substitute "an associate judge". (2) In section 8(1) of the Judicial College of Victoria Act 2001-- (a) in paragraph (a) for "a Master" substitute 30 "an Associate Judge"; (b) in paragraph (c) for "a master" substitute "an associate judge". 561143B.I-27/2/2008 43 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 81 (3) In section 9(3) of the Judicial College of Victoria Act 2001, for "master" (where twice occurring) substitute "associate judge". 81 Judicial Remuneration Tribunal Act 1995 5 In section 3 of the Judicial Remuneration Tribunal Act 1995, in the definition of holder of an office-- (a) in paragraph (j), for "Masters" substitute "Associate Judges"; 10 (b) in paragraph (k), for "Masters" substitute "associate judges". 82 Judicial Salaries Act 2004 (1) In section 3 of the Judicial Salaries Act 2004-- (a) insert the following definitions-- 15 "Associate Judge of the Supreme Court has the same meaning as Associate Judge has in the Supreme Court Act 1986; associate judge of the County Court has the same meaning as associate judge has in 20 the County Court Act 1958;"; (b) in the definition of Supreme Court Judge, for "Appeal or the other Judges of Appeal" substitute "Appeal, the other Judges of Appeal or an Associate Judge of the 25 Supreme Court". (2) At the end of section 3 of the Judicial Salaries Act 2004 insert-- "(2) On and from the commencement of section 28 of the Courts Legislation 30 Amendment (Associate Judges) Act 2008, a reference in this Act-- 561143B.I-27/2/2008 44 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 82 (a) to "General Supreme Court Master" includes an Associate Judge of the Supreme Court other than-- (i) an Associate Judge who is the 5 Senior Master; or (ii) an Associate Judge who is the Registrar of the Court of Appeal; or (iii) a Specialist Supreme Court 10 Master; (b) to the Senior Master of the Supreme Court is a reference to the Associate Judge who is the Senior Master; (c) to the Registrar of the Court of Appeal 15 is a reference to an Associate Judge who is the Registrar of the Court of Appeal. (3) On and from the commencement of section 53 of the Courts Legislation 20 Amendment (Associate Judges) Act 2008, a reference in this Act to "Master of the County Court" includes an associate judge of the County Court.". (3) After section 6(3) of the Judicial Salaries Act 25 2004 insert-- "(3A) With effect on and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, the holder of an office of Associate Judge 30 referred to in section 3(2) is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as-- 561143B.I-27/2/2008 45 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 82 (a) in the case of the office of Associate Judge who is the Senior Master, the annual salary of the Senior Master of the Supreme Court bore to the annual 5 salary of a Supreme Court Judge in the financial year 2004/2005; and (b) in the case of the office of Associate Judge who is the Registrar of the Court of Appeal, the annual salary of the 10 Registrar of the Court of Appeal bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005; and (c) in the case of the office of Associate 15 Judge other than Senior Master or Registrar of the Court of Appeal or a Specialist Master of the Supreme Court, the annual salary of a General Master of the Supreme Court bore to the 20 annual salary of a Supreme Court Judge in the financial year 2004/2005. (3B) With effect on and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, 25 the holder of an office of Associate Judge referred to in section 3(3) is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same 30 proportion as the annual salary of a Master of the County Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.". 561143B.I-27/2/2008 46 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 83 83 Land Acquisition and Compensation Act 1986 (1) Insert the following definition in section 3(1) of the Land Acquisition and Compensation Act 1986-- 5 "Taxing Master means any Associate Judge of the Supreme Court from time to time carrying out the functions of assessing, settling or taxing of costs in proceedings in that Court;". (2) In section 85(1) of the Land Acquisition and 10 Compensation Act 1986, for "a Master" substitute "an Associate Judge". 84 Legal Profession Act 2004 In section 3.4.2 of the Legal Profession Act 2004, for the definition of Taxing Master substitute-- 15 "Taxing Master means any Associate Judge of the Supreme Court from time to time carrying out the functions of assessing, settling or taxing of costs in proceedings in that Court;". 85 Property Law Act 1958 20 (1) In section 253 of the Property Law Act 1958-- (a) for "Master of the Supreme Court or Master of the County Court" substitute "an Associate Judge of the Supreme Court or an associate judge of the County Court"; 25 (b) for "such judge Master" substitute "such judge, associate judge". (2) In section 254 of the Property Law Act 1958, for "Master" substitute "associate judge". (3) In the Ninth Schedule to the Property Law Act 30 1958, for "Master of the Supreme Court" substitute "Associate Judge of the Supreme Court or associate judge of the County Court". 561143B.I-27/2/2008 47 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 5--Consequential Amendments to Other Acts s. 86 86 Prostitution Control Act 1994 In sections 69(3)(b)(ii)(B) and 70(3)(b)(ii)(B) of the Prostitution Control Act 1994, for "a Master" substitute "an Associate Judge". 5 87 Public Administration Act 2004 (1) In section 101(b) of the Public Administration Act 2004, for "a Master of the Supreme Court or" substitute "an Associate Judge of the Supreme Court or an associate judge of". 10 (2) In section 106(1) of the Public Administration Act 2004-- (a) in paragraph (c) for "a master" substitute "an Associate Judge"; (b) in paragraph (d) for "a master" substitute 15 "an associate judge"; 88 Trustee Act 1958 (1) In section 62 of the Trustee Act 1958-- (a) for "the Master of the Supreme Court" substitute "an Associate Judge of the 20 Supreme Court"; (b) for "such Master" substitute "such Associate Judge". (2) In section 77 of the Trustee Act 1958, for "the Master" substitute "an Associate Judge". __________________ 561143B.I-27/2/2008 48 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Part 6--General s. 89 PART 6--GENERAL 89 Statute law revision--Supreme Court Act 1986 In the Supreme Court Act 1986-- (a) in section 33A, in the definition of Chapter I 5 of the Rules, for "1996" substitute "2005"; (b) in section 33ZK for "Chapter I of the Rules" substitute "the Supreme Court (General Civil Procedure) Rules 1996". 90 Statute law revision--County Court Act 1958 10 (1) In the note to section 39C(5) of the County Court Act 1958, for "the Supreme Court (General Civil Procedure) Rules 1996" substitute "Chapter I of the Rules of the Supreme Court". (2) Insert the following heading to section 76 of the 15 County Court Act 1958-- "Court may reserve question for opinion of the Court of Appeal". 91 Repeal of Act This Act is repealed on 31 December 2010. 20 Note The repeal this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561143B.I-27/2/2008 49 BILL LA INTRODUCTION 27/2/2008

 


 

Courts Legislation Amendment (Associate Judges) Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561143B.I-27/2/2008 50 BILL LA INTRODUCTION 27/2/2008

 


 

 


[Index] [Search] [Download] [Related Items] [Help]