Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 41

Reserve Judges (County Court)

41. Reserve Judges (County Court)



(1) In section 13 of the County Court Act 1958-

   (a)  after "13." insert "(1)"; and

   (b)  at the end of the section insert-



"(2) This section does not apply to a judge who has made an election under
section 13A.".

(2) In section 13A of the County Court Act 1958, after subsection (5) insert-



"(5A) A judge who makes an election under this section must not, without the
consent in writing of the Chief Judge-

   (a)  hold any office or place of profit under the Crown in right of the
        Commonwealth or of a State; or

   (b)  engage in the practice of the profession of a barrister or solicitor
        in any State or Territory of the Commonwealth; or

   (c)  be employed by any barrister or solicitor in connection with the
        barrister or solicitor's practice in any State or Territory of the
        Commonwealth.

(5B) The doing by a judge who makes an election under this section of anything
referred to in subsection (5A) without having first obtained the consent in
writing of the Chief Judge must be taken to constitute in law the resignation
of the judge from the office of judge.

(5C) Unless the Governor in Council by Order otherwise determines in any
particular case the right of a judge who makes an election under this section
to a payment under subsection (5)(a) shall be suspended while-

   (a)  he or she holds any office or place of profit under the Crown in right
        of the Commonwealth or of a State; or

   (b)  he or she is engaged in the practice of the profession of a barrister
        or solicitor in any State or Territory of the Commonwealth; or

   (c)  he or she is employed by any barrister or solicitor in connection with
        the barrister or solicitor's practice in any State or Territory of the
        Commonwealth.". ---------------

ENDNOTES

1. General Information Minister's second reading speech- Legislative Assembly:
21 March 1991 Legislative Council: 30 May 1991 The long title for the Bill for
this Act was (as amended) "A Bill to establish a new system for the transfer
of civil proceedings between courts and for that purpose to amend the Supreme
Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989,
to alter the jurisdictional limits of the County Court in civil proceedings,
to make further provision concerning the office of Reserve Judge in the
Supreme Court and the County Court and for that purpose to amend the
Constitution Act 1975 and the County Court Act 1958 and for other purposes.".
The Courts (Case Transfer) Act 1991 was assented to on 18 June 1991 and came
into operation as follows: Section 2 and sections 39-41 on 1 August 1991; rest
of Act on 1 October 1991: Government Gazette 17 July 1991 p.1930. 2. Table of
Amendments This Version incorporates amendments made to the
Courts (Case Transfer) Act 1991 by Acts and subordinate instruments.
------------------------------------------------------------- Courts
Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date:
3.6.08 Commencement Date: S. 76 on 17.12.08: Special Gazette (No. 377)
16.12.08 p. 1 Current State: This information relates only to the provision/s
amending the Courts (Case Transfer) Act 1991
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication. ??

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Part 1-Preliminary



Courts (Case Transfer) Act 1991 No. 43 of 1991