COUNTY COURT ACT 1958

Victorian Consolidated Legislation

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COUNTY COURT ACT 1958

No. 6230 of 1958
Version incorporating amendments as at 1 October 2009

TABLE OF PROVISIONS

Section Page
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

Division 1-Establishment of the County Court and sittings

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
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
5A. Repealed
5B. Construction of references
6. Seal of the court

Division 2-Time and place for holding court

7. Where court held and days of sitting

Division 3-Judges

8. Appointment and qualification of judges
9. Repealed
9A. Protection of judges and associate judges
10. Salaries and allowances of the Chief Judge and other judges
11. Appointment of acting judges
12. Repealed
13. Judges not to engage in legal practice or sit in Parliament
13A. Repealed
14. Provision for pensions to County Court judges and their
partners
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
16, 16A. Repealed
17. Appointment of judges temporarily or during pleasure valid

Division 3AA-Professional development and training

17AAA. Professional development and training

Division 3A-Associate Judges

17A. Associate judges
17ABA. Functions of associate judges
17AA. Salaries and allowances of associate judges
17B. Pension entitlements of associate judges, their partners and children
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

Division 4-Registrars

18. Appointment of registrar and deputy registrars
19, 20. Repealed
21. Duties of registrar
21A. Moneys held under Act may be invested
22. Power to registrar to administer oaths

Division 4A-Aboriginal elders and respected persons

22A. Appointment of Aboriginal elders or respected persons

Division 5-Bailiffs

23. Appointment of bailiffs and assistant bailiffs of County Court
24. Bailiff's duty

Division 6-Registrars, bailiffs and other officers

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

Division 7-Court fees

28. Court fees payable by suitors
28A. Exemption from court fees

Division 8-Proceedings against officers

29. Proceedings against registrars etc.
30. Proceedings against bailiffs etc.
31. Repealed
32. Protection to bailiffs etc.

Division 9-Legal practitioners-costs

33. Fees to legal practitioners to be fixed by the judges
34. Power to recover excessive fees

PART II-JURISDICTION

Division 1-Sittings of the court

35. Court of record
36. Proceedings arising outside Victoria

Division 1A-Criminal jurisdiction

36A. Criminal jurisdiction of County Court

Division 2-Civil jurisdiction

37. Extent of jurisdiction
38. Repealed
39. Whether proceedings within jurisdictional limit
39A. Agreements by next friend etc. on behalf of infants

Division 2A-Administration of children's funds

39B. Court orders relating to administration of children's funds

Division 2B-Transfer and payment of money to the Supreme
Court for person under disability

39C. Money held in court for person under disability

Division 3-Officers of the court

40. Officers of the court

Division 4-Judicial resolution conferences

41. Judicial resolution conference
42. Protection of conduct of judicial resolution conference

Division 5-Repealed

43-45. Repealed

Division 6-Arbitration, mediation, and reference for inquiry

46. Arbitration by agreement
47. Arbitration
47A. Power to refer civil proceedings to mediation or arbitration
47B. Mediation
48. Power to refer matters for inquiry and report
48A. Assessor
48B. Opinion of legal practitioner
48C. Protection of special referees, mediators and arbitrators

Division 7-Power to grant relief

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

Division 7A-Appellate jurisdiction

53A. Appellate jurisdiction of County Court

Division 7B-Repealed

53B. Repealed

Division 8-Contempt of court

54. Contempt of court
54A. Repealed

Division 8A-Repealed

54B. Repealed

Division 9-Costs where no jurisdiction

55. Court may award costs where action or matter is struck out
for want of jurisdiction
PARTS III, IV-Repealed
56-64. Repealed

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
69. Repealed
70. Verdict of jurors
71. Repealed
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
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
77. Prerogative writ

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

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

PART VIII-MISCELLANEOUS

80. Power to close proceedings to the public
80AA. Circumstances in which order may be made under
section 80.
80A. Publishing particulars of issued summonses an offence
81. Repealed
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
85. Repealed
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.
__________________
SCHEDULE 1-Repeals
2, 3-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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