Victorian Current Acts

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COUNTY COURT ACT 1958


TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeals  
   3.      Definitions  
   3AA.    Definitions relating to pensions  
   3AAB.   Meaning of family member for purposes of Koori Court Division  
   3A.     Abolition of distinction between court and chambers  
   3B.     Judge may exercise jurisdiction of court  
   3BA.    Associate judge may exercise jurisdiction of court  
   3C.     Saving provision  

   PART I--COURT JUDGES OFFICERS COUNSEL AND PRACTITIONERS

   4.      Establishment of the County Court  
   4A.     Establishment of Koori Court Division  
   4B.     Jurisdiction of Koori Court Division  
   4C.     Dealing with proceedings for certain offences  
   4D.     Hearing certain appeals  
   4DA.    Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court  
   4E.     Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals  
   4F.     Proceedings may be transferred to and from the Koori Court Division  
   4G.     Sentencing procedure in Koori Court Division  
   5.      Where court to be held  
   5B.     Construction of references  
   6.      Seal of the court  
   7.      Where court held and days of sitting  
   8.      Appointment and qualification of judges  
   8AA.    Resignation by Chief Judge who is dual commission holder  
   8A.     Entry into part-time service arrangement  
   8B.     Variation of part-time service arrangement  
   8C.     Suspension of part-time service arrangement  
   8D.     Termination of part-time service arrangement  
   8E.     Administrative responsibility of Chief Judge  
   9A.     Protection of judges and associate judges  
   10.     Salaries, allowances and conditions of service of the Chief Judge and other judges  
   12.     Appointment of reserve judges  
   12A.    Cessation of office  
   12B.    Chief Judge may engage reserve judge to undertake duties of judge of the court  
   12C.    Powers, jurisdiction, immunities and protection of reserve judge  
   12D.    Pension rights and service not affected by being a reserve judge  
   12E.    Engaging in legal practice or other paid employment  
   12F.    Salary, allowances and other conditions of service of reserve judge  
   12G.    Appropriation of certain amounts in relation to reserve judges  
   12H.    Power to complete matters—judges and reserve judges  
   13.     Judges not to engage in legal practice or sit in Parliament  
   13A.    Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment  
   14.     Provision for pensions to County Court judges and their partners  
   14AAA.  Effect of part-time service arrangement on judicial pensions  
   14AA.   Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge  
   14AB.   Actuary's first calculation after election of judges to commute pensions  
   14AC.   Actuary's second calculation after election of the judges to commute pensions and payment of lump sums  
   14AD.   Election of former judges to commute pensions for payment of superannuation contributions surcharge  
   14AE.   Actuary's calculation after former judges' election to commute pensions  
   14AF.   Payment and commutation of pensions of former judges  
   14AG.   Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge  
   14AH.   Actuary's calculation of reduction of pensions of judges' partners and eligible children  
   14AI.   Payment and commutation of pensions of former judges' partners and eligible children  
   14A.    Appointment of judicial members of Liquor Control Commission as judges  
   15.     Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances  
   17.     Appointment of judges temporarily or during pleasure valid  
   17AAA.  Professional development and training  
   17A.    Associate judges  
   17ABA.  Functions of associate judges  
   17AA.   Salaries, allowances and conditions of service of associate judges  
   17B.    Pension entitlements of associate judges, their partners and children  
   17BA.   Effect of part-time service arrangement on pensions of associate judges  
   17C.    Election of associate judges to commute future pensions for payment of superannuation contributions surcharge  
   17D.    Actuary's first calculation after election of associate judges to commute pensions  
   17E.    Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums  
   17F.    Election of former associate judges to commute pensions for payment of superannuation contributions surcharge  
   17G.    Actuary's calculation after former associate judges' election to commute pensions  
   17H.    Payment and commutation of pensions of former associate judges  
   17I.    Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge  
   17J.    Actuary's calculation of reduction of pensions of associate judges' partners and eligible children  
   17K.    Payment and commutation of pensions of former associate judges' partners and eligible children  
   17KA.   Appointment of reserve associate judges  
   17KB.   Cessation of office  
   17KC.   Chief Judge may engage reserve associate judge to undertake duties of associate judge  
   17KD.   Powers, jurisdiction, immunities and protection of reserve associate judge  
   17KE.   Pension rights and service not affected by being a reserve associate judge  
   17KF.   Engaging in legal practice or other paid employment  
   17KG.   Salary, allowances and conditions of service of reserve associate judges  
   17KH.   Appropriation of certain amounts in relation to reserve associate judges  
   17KI.   Power to complete matters—associate judges and reserve associate judges  
   17L.    Assignment of duties  
   17M.    Guidelines relating to the appointment of judicial registrars  
   17N.    Recommendation for appointment of judicial registrars  
   17O.    Appointment by Governor in Council  
   17P.    Remuneration and terms and conditions of appointment  
   17PA.   Oath or affirmation of office  
   17Q.    Resignation from office  
   17U.    Performance of duties by judicial registrar  
   17V.    Appeal from or review of determination of court constituted by judicial registrar  
   18.     Appointment of registrar and deputy registrars[2]  
   19.     Protection of registrars  
   21.     Duties of registrar  
   21A.    Moneys held under Act may be invested  
   22.     Power to registrar to administer oaths  
   22A.    Appointment of Aboriginal elders or respected persons  
   23.     Appointment of bailiffs and assistant bailiffs of County Court  
   24.     Bailiff's duty  
   25.     Penalty on officers for corrupt practices  
   26.     Registrar and bailiff to be distinct persons and not to act as legal practitioner  
   27.     Registrar and bailiff to give security  
   28.     Court fees payable  
   28A.    Exemption from court fees  
   29.     Proceedings against registrars etc.  
   30.     Proceedings against bailiffs etc.  
   32.     Protection to bailiffs etc.  
   33.     Fees to legal practitioners to be fixed by the judges  
   34.     Power to recover excessive fees  

   PART II--JURISDICTION

   35.     Court of record  
   36.     Proceedings arising outside Victoria  
   36A.    Criminal jurisdiction of County Court  
   37.     Extent of jurisdiction  
   39.     Whether proceedings within jurisdictional limit  
   39A.    Agreements by next friend etc. on behalf of infants  
   39B.    Court orders relating to administration of children's funds  
   39C.    Money held in court for person under disability  
   40.     Officers of the court  
   46.     Arbitration by agreement  
   47.     Arbitration  
   47A.    Power to refer civil proceedings to mediation or arbitration  
   47B.    Mediation[3]  
   48.     Power to refer matters for inquiry and report  
   48A.    Assessor  
   48B.    Opinion of legal practitioner  
   48C.    Protection of special referees, mediators and arbitrators  
   48CA.   Protection of assessors  
   48D.    Interaction with Civil Procedure Act 2010  
   49.     Power of court  
   49A.    Attachment of earnings  
   49B.    Execution of instruments by order of court  
   50.     Rules of law to apply to County Court  
   51.     Counter-claims in County Court and transfers therefrom  
   52.     Facts necessary to give jurisdiction need not appear upon any civil proceeding  
   53.     Mode of enforcing orders  
   53A.    Appellate jurisdiction of County Court  
   54.     Contempt of court  
   55.     Court may award costs where action or matter is struck out for want of jurisdiction  

   PART V--TRIAL OF CIVIL PROCEEDINGS

   65.     Trial to be by judge  
   66.     Judge may reserve his decision  
   67.     Trial may be by judge and jurors if required  
   68.     Judge may direct trial by jurors  
   70.     Verdict of jurors[5]  
   72.     Jury may be had on re-hearing of County Court proceeding in Supreme Court  

   PART VI--JUDGMENT, NEW TRIAL AND APPEAL

   73.     Judgments to be final  
   74.     Appeal to the Court of Appeal[6]  
   75.     Appeal from court constituted by associate judge to Trial Division of the Supreme Court  
   76.     Court may reserve question for opinion of the Court of Appeal [7]  
   77.     Prerogative writ  

   PART VII--RULES, FORMS, SCALES OF COSTS, REGULATIONS

   78.     Power to make rules of practice  
   78A.    Costs  
   79A.    Regulations  

   PART VIII--MISCELLANEOUS

   80A.    Publishing particulars of issued summonses an offence  
   82.     No privilege to exempt persons from provisions of Act  
   83.     Certain actions in Supreme Court to be stayed  
   84.     Securities for money, marketable securities etc. seized under warrant  
   86.     Transfer of judgment to Supreme Court  
   87.     Council of Judges  
   88.     Robing of Judges  
   89.     Transitional provisions  
   90.     Transitional provision—reserve judges  
   91.     Transitional provisions—Courts Legislation (Jurisdiction) Act 2006  
   92.     Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008  
   93.     Transitional provision—County Court Amendment (Koori Court) Act 2008  
   94.     Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009  
   95.     Transitional provision—Courts and Sentencing Legislation Amendment Act 2012  
   96.     Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013  
   98.     Savings—Open Courts Act 2013  
   99.     Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013  
   100.    Transitional provision—Justice Legislation Further Amendment Act 2016  
   101.    Transitional provision—Justice Legislation Further Amendment Act 2016  
           FIRST SCHEDULE
           ENDNOTES


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