Victorian Consolidated Legislation

County Court Act 1958 - SECT 8

Appointment and qualification of judges

8. Appointment and qualification of judges



(1) 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 stead1.





(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

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



(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



   (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.

(2A) If there is a vacancy in the office of the Chief Judge, the senior of the
judges willing to act as Chief Judge shall act as Chief Judge.

(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.

(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.



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(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.



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