COUNTY COURT ACT 1958 - SECT 8 Appointment and qualification of judges

COUNTY COURT ACT 1958 - SECT 8

S. 8(1) amended by Nos 8625 s. 4(a)(i)–(iii), 64/1996

s. 13(1), 31/2004 s. 10(1), 3/2016 s. 25(1).

    (1)     Subject to subsection (1B), the Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead ^[1] .

S. 8(1A) inserted by No. 31/2004 s. 10(2).

    (1A)     A person is not eligible for appointment as Chief Judge or a judge unless the person—

        (a)     is or has been a judge or magistrate of—

              (i)     the High Court of Australia or of a 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 Territory; or

S. 8(1A)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 25.2).

        (b)     is an Australian lawyer of at least 5 years' standing.

S. 8(1B) inserted by No. 3/2016 s. 25(2).

    (1B)     Without limiting subsection (1) or (1A), the Chief Judge, when appointed under subsection (1) must—

        (a)     already be a Judge of the Supreme Court; or

        (b)     be simultaneously appointed as Chief Judge under subsection (1) and appointed under section 75B of the Constitution Act 1975 as a Judge of the Supreme Court.

S. 8(2) amended by No. 6429

s. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10.

    (2)     When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office—

        (a)     the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and

Note to s. 8(2)(a) inserted by No. 31/2021 s. 13(1).

Note

Section 8AAC(1) also provides for the Deputy Chief Judge to act as the Chief Judge if the Governor in Council has not appointed an Acting Chief Judge and the Chief Judge has nominated or authorised the Deputy Chief Judge to act as Chief Judge.

S. 8(2)(b) substituted by No. 64/1996

s. 13(2).

        (b)     a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has.

S. 8(2A) inserted by No. 64/1996

s. 13(3), substituted by No. 31/2021 s. 13(2).

    (2A)     If there is a vacancy in the office of the Chief Judge—

        (a)     the Deputy Chief Judge is to act as Chief Judge; or

        (b)     if the Deputy Chief Judge is unable to act as Chief Judge, the senior of the judges willing to act as Chief Judge is to act as Chief Judge.

S. 8(2B) inserted by No. 64/1996

s. 13(3).

    (2B)     If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn.

S. 8(2C) inserted by No. 5/2013 s. 23.

    (2C)     A reserve judge must not—

        (a)     be appointed as Chief Judge;

        (b)     be appointed as Acting Chief Judge;

S. 8(2C)(c) amended by No. 31/2021 s. 13(3)(a).

        (c)     act as Chief Judge;

S. 8(2C)(d) inserted by No. 31/2021 s. 13(3)(b).

        (d)     be appointed as Deputy Chief Judge.

S. 8(3) amended by No. 16/1986 s. 8(a).

    (3)     No person who has attained the age of 70 years shall be appointed to be a judge under this Act.

    (4)     Any reference to a judge of county courts in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to a judge of the County Court.

S. 8(5) repealed by No. 8625 s. 4(b).

    *     *     *     *     *

S. 8(6) amended by No. 8625 s. 4(c)(i)(ii).

    (6)     Any reference to the senior judge of county courts or of any county court or the chairman of judges of the County Court or any reference of like import to those references (however expressed) in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to the Chief Judge of the court.

S. 8AA inserted by No. 3/2016 s. 26.