COUNTY COURT ACT 1958 - SECT 3 Definitions
COUNTY COURT ACT 1958 - SECT 3
Definitions(1) In this Act, unless the context or subject-matter otherwise requires—
S. 3(1) def. of Aboriginal elder or respected person inserted by No. 51/2008 s. 4.
"Aboriginal elder or respected person" means a person who holds office as an Aboriginal elder or respected person under section 22A;
S. 3(1) def. of Aborigine inserted by No. 51/2008 s. 4.
"Aborigine" means a person who—
(a) is descended from an Aborigine or Torres Strait Islander; and
(b) identifies as an Aborigine or Torres Strait Islander; and
(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
S. 3(1) def. of action amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c).
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S. 3(1) def. of actuary inserted by No. 19/2001 s. 11.
"actuary" means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;
S. 3(1) def. of appropriate dispute resolution inserted by No. 47/2010 s. 83(b).
"appropriate dispute resolution" has the same meaning as it has in the Civil Procedure Act 2010 ;
S. 3(1) def. of associate judge
inserted by No. 24/2008 s. 43(a), amended by No. 63/2013
s. 26(a).
"associate judge" means a person appointed under section 17A and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI ;
S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), repealed by No. 17/2014 s. 160(Sch. 2 item 26.1(a)).
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S. 3(1) def. of Chief Judge inserted by No. 8625 s. 2(b), amended by Nos 16/1986 s. 11(1)(b), 31/2021 s. 12(a).
"Chief Judge" means Chief Judge of the County Court and includes an Acting Chief Judge or the Deputy Chief Judge acting as Chief Judge;
S. 3(1) def. of Chairman repealed by No. 8625 s. 2(a).
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S. 3(1) def. of counsel repealed by
No. 35/1996
s. 453(Sch. 1 item 15.1).
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"court" means the County Court;
S. 3(1) def. of Deputy Chief Judge inserted by No. 31/2021 s. 12(c).
"Deputy Chief Judge "means a person appointed as Deputy Chief Judge under section 8AAB;
S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 65, amended by No. 31/2021 s. 12(b).
"excluded judicial officer" means—
(a) the Chief Judge;
(ab) the Deputy Chief Judge;
(b) the State Coroner;
(c) the President of the Children's Court;
S. 3(1) def. of family member inserted by No. 51/2008 s. 4.
family member has the meaning given by section 3AAB;
S. 3(1) def of judge amended by Nos 8625 s. 2(c), 24/2008 s. 43(b), 5/2013 s. 22(1), 63/2013 s. 26(b).
"judge" means a judge of the court, and includes the Chief Judge and, subject to this Act, and unless the context otherwise requires, a reserve judge engaged under section 12B to undertake the duties of a judge during any period of engagement or acting under section 12H but does not include an associate judge or a reserve associate judge;
S. 3(1) def. of Judge of the Supreme Court inserted by No. 3/2016 s. 24.
"Judge" of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975 ;
S. 3(1) def. of judgment repealed by No. 19/1989 s. 5(c).
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S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 28(1).
"judicial registrar" means a judicial registrar of the County Court appointed under Division 3B of Part I;
S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 7, amended by No. 34/2010 s. 28(2), substituted by No. 47/2010 s. 83(a).
"judicial resolution conference" has the same meaning as it has in the Civil Procedure Act 2010 ;
S. 3(1) def. of jurisdictional limit
inserted by No. 16/1986 s. 11(2), substituted by Nos 16/1986 s. 12,
64/1990 s. 13, amended by No. 43/1991 s. 39, repealed by No. 50/2006
s. 3(1).
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S. 3(1) def. of Koori Court Division inserted by No. 51/2008 s. 4.
"Koori Court Division" means the division of the court established under section 4A;
S. 3(1) def. of Koori Court officer inserted by No. 51/2008 s. 4.
"Koori Court officer" means a person who—
(a) is employed under Part 3 of the Public Administration Act 2004 ; and
(b) exercises powers, or performs functions, in relation to the Koori Court Division of the court;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), amended by No. 17/2014 s. 160(Sch. 2 item 26.1(b)).
"legal practitioner" means an Australian legal practitioner;
S. 3(1) def. of matter amended by Nos 7705 s. 9(b)(ii), 9007 s. 2(a)(ii), repealed by No. 19/1989 s. 5(c).
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S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 65.
"part-time service arrangement" means an arrangement entered under section 8A;
S. 3(1) def. of party amended by No. 19/1989 s. 5(d).
"party" includes a party to a civil proceeding and every person served with notice thereof or attending on the hearing of the same although not named as a party thereto and includes a body politic or corporate;
S. 3(1) def. of pleading inserted by No. 10117 s. 5(a), repealed by No. 19/1989 s. 5(e).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 34.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of practitioner repealed
by No. 35/1996
s. 453(Sch. 1 item 15.1).
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S. 3(1) def. of proceeding inserted by No. 19/1989 s. 5(f).
"proceeding" means any matter in the court;
S. 3(1) def. of registrar amended by No. 19/1989 s. 5(g).
"registrar" means the registrar or a deputy registrar of the County Court;
S. 3(1) def. of reserve associate judge inserted by No. 63/2013 s. 26(c).
"reserve associate judge" means a person appointed under section 17KA;
S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 22(2).
"reserve judge" means a person appointed under section 12 ;
S. 3(1) def. of Rules substituted by No. 19/1989 s. 5(h).
"Rules" means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise;
S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 54(1).
"Secretary to the Department of Health" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;
S. 3(1) def. of subordinate instrument inserted by No. 19/1989 s. 5(i).
"subordinate instrument" has the same meaning as in section 3 of the Interpretation of Legislation Act 1984 .
S. 3(1) def. of super-annuation contributions surcharge inserted by No. 19/2001 s. 11.
"superannuation contributions surcharge" means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;
S. 3(1) def. of super-annuation contributions surcharge notice inserted by No. 19/2001 s. 11.
"superannuation contributions surcharge notice" means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
S. 3(1) def. of total pension entitlement inserted by No. 19/2001 s. 11.
"total pension entitlement" means, on a particular day, the current value of all future pension payments on that day.
S. 3(2) inserted by No. 19/1989 s. 5(j).
(2) In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.
S. 3(3) inserted by No. 19/1989 s. 5(j).
(3) If by this or any other Act or enactment or by any subordinate instrument or other instrument a procedure is prescribed for or in relation to any proceeding in the court or for or in relation to any step or process in such a proceeding and the County Court Rules of Procedure in Civil Proceedings 1989 prescribe a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by those Rules applies despite the provisions of that Act, enactment, subordinate instrument or other instrument.
S. 3(4) inserted by No. 19/1989 s. 5(j).
(4) A proceeding to which the County Court Rules of Procedure in Civil Proceedings 1989 apply must, despite anything in any Act or enactment, be commenced and conducted in accordance with those Rules and not otherwise.
S. 3(5) inserted by No. 19/1989 s. 5(j).
(5) A judgment in any civil proceeding must be enforced in accordance with the County Court Rules of Procedure in Civil Proceedings 1989 and not otherwise.
S. 3AA inserted by No. 23/2008 s. 9.