Victorian Consolidated Legislation

County Court Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act, unless the context or subject-matter otherwise requires-

Aboriginal elder or respected person means a person who holds office as an
Aboriginal elder or respected person under section 22A;

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;

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actuary means a fellow or accredited member of the Institute of Actuaries of
Australia approved by the Minister;

associate judge means a person appointed under section 17A;

Australian lawyer has the same meaning as in the Legal Profession Act 2004;



Chief Judge means Chief Judge of the County Court and includes an Acting Chief
Judge;





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court means the County Court; family member has the meaning given by section
3AAB;



judge means a judge or acting judge of the court, and includes the Chief Judge
but does not include an associate judge;



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judicial resolution conference means a resolution process presided over by a
judge or an associate judge for the purposes of negotiating a settlement of a
dispute including, but not limited to-

   (a)  mediation, whether or not referred to that person in accordance with
        the Rules;

   (b)  early neutral evaluation;

   (c)  settlement conference;

   (d)  conciliation;

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Koori Court Division means the division of the court established under section
4A;

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; legal practitioner means an Australian
        legal practitioner within the meaning of the
        Legal Profession Act 2004;



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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;

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proceeding means any matter in the court;



registrar means the registrar or a deputy registrar of the County Court;

Rules means the Rules of Court made by the judges of the court whether under
the powers conferred by this Act or otherwise;

subordinate instrument has the same meaning as in section 3 of the
Interpretation of Legislation Act 1984.

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;

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;

total pension entitlement means, on a particular day, the current value of all
future pension payments on that day.

(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.

(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.

(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.

(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.