Victorian Consolidated Legislation
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SUPREME COURT ACT 1986
No. 110 of 1986
Version incorporating amendments as at 1 October 2009
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Abolition of distinction between court and chambers
5. Criminal procedure
PART 2-SITTINGS, POWERS AND PROCEDURES
Division 1-Sittings
6. Where Court to be held
7. Time and place of sitting
8, 9. Repealed
9A. Robing of Judges
9B. Titles of Associate Judges
Division 2-Court of Appeal
10. Jurisdiction and powers
11. Way in which Court of Appeal may be constituted
12. Opinions equally divided
13. Judges not to sit on appeal from their own judgments
13A. When additional Trial Division Judge must not sit on hearing
of new trial
14. Power of Court of Appeal on civil appeals
15. Constitution of Court if one Judge of Appeal unable to
continue
16. Arrangement of business of Court of Appeal
Division 2A-Trial Division
17. Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge
17A. Restriction on appeals
17B. Reference of matters to Court of Appeal
Division 3-Powers
18. Power to close proceedings to the public
19. Circumstances in which order may be made under section 18.
20. Offence to publish certain information concerning proceedings
20A. Power to act in cases relating to rates and taxes
21. Vexatious litigants
22. Execution of instruments by order of Court
23. Attachment of earnings
24. Costs to be in the discretion of Court
24A. Mediation
Division 3A-Judicial resolution conferences
24B. Judicial resolution conference
24C. Protection of conduct of judicial resolution conference
Division 4-Court Rules
25. Power to make Rules
26. Manner of making Rules
27. Disallowance of Rules
27A. Protection of special referees, mediators and arbitrators
Division 5-Council of Judges
28. Council of Judges
Division 6-Professional development and training
28A. Professional development and training
PART 3-CONCURRENT ADMINISTRATION OF LAW AND EQUITY
29. Law and equity to be concurrently administered
30. Power to stay proceedings
PART 4-INFERIOR COURTS
31. Power of inferior courts with equity jurisdiction
32. Transfer of proceeding from inferior court
33. Rules of law to apply to inferior courts
PART 4A-GROUP PROCEEDING
Division 1-Preliminary
33A. Definitions
33B. Application
Division 2-Commencement of group proceeding
33C. Commencement of proceeding
33D. Standing
33E. Consent of group member
33F. Persons under disability
33G. Group proceeding not to be commenced in certain
circumstances
33H. Originating process
33J. Right of group member to opt out
33K. Causes of action accruing after commencement
33KA. Court powers concerning group membership
33L. Fewer than seven group members
33M. Distribution costs excessive
33N. Proceeding not to continue under this Part
33P. Consequences of proceeding not continuing under this Part
33Q. Where not all questions common
33R. Individual questions
33S. Directions for further proceedings
33T. Adequacy of representation
33U. Stay of execution
33V. Settlement and discontinuance
33W. Settlement of individual claim
Division 3-Notices
33X. When notice to be given
33Y. Notices under section 33X.
Division 4-Judgment, etc.
33Z. Judgment of the Court
33ZA. Constitution etc. of fund
33ZB. Effect of judgment
Division 5-Appeals
33ZC. Appeals
Division 6-Miscellaneous
33ZD. Costs
33ZE. Suspension of limitation periods
33ZF. General power of court to make orders
33ZG. Order may specify a date by which group members must take a step
33ZH. Order in event of decision or admission on liability
33ZJ. Reimbursement of plaintiff's costs
33ZK. Transitional provisions
PART 5-MISCELLANEOUS RULES OF LAW
Division 1-General
34, 35. Repealed
36. Declaratory judgments
37. Injunctions and receivers
38. Damages in addition to or in place of other remedies
39. Foreign law
40. Crown payments to be subject to attachment
41. Failure to prosecute not a bar to civil remedy
42. Property available to satisfy judgment debt
43. Standard time in Victoria
44. Meaning of month in documents
Division 2-Vessels
45. Rule as to division of liability for damage or loss
46. Liability for loss of life or personal injuries
47. Right of contribution
Division 3-Fires
48. Proceeding does not lie against person on whose land fire accidentally begins
Division 4-Contracts of minors
49. Certain contracts by minors to be void
50. No proceeding to be brought on ratification of minor's contract
51. Avoiding contract for payment of loan advanced during
minority
Division 4A-Administration of children's funds
51A. Court orders relating to administration of children's funds
Division 5-Sureties, co-contractors and co-debtors
52. Surety discharging liability to be entitled to securities
Division 6-Apportionment
53. Definitions
54. Rents etc. to accrue from day to day and be apportionable
55. Time when apportioned part is to be payable
56. Recovery of apportioned parts
Division 7-Interest
57. Any interest may be contracted to be paid
58. Interest to be allowed when debts or sums certain recovered
59. Damages in nature of interest
60. Interest in proceedings for debt or damages
Division 8-Contempt of Court
61. Restoration of common law relating to contempt of court
62-66. Repealed
Division 9-Repealed
67. Repealed
PART 6-MISCELLANEOUS POWERS
Division 1-Repealed
68, 69. Repealed
Division 2-Delivery of documents
70-75. Repealed
76. Power of Court to order legal practitioner or law practice to deliver bill of costs etc.
Division 3-Assistance of assessors and legal practitioners
77. Assessors
78. Opinion of a legal practitioner
Division 4-Proceeding for recovery of land
79. Proceeding by landlord if rent is in arrears
80. Lessee not to have relief without payment of rent and costs
81. Proceeding by landlord against tenant holding over after end of tenancy
82. Provisions concerning securities
83. Saving of former remedies
84. Proceeding for recovery of land by mortgagee
Division 5-Relief from forfeiture
85. Relief against forfeiture for non-payment of rent
Division 6-Arrest in pending proceedings
86. Arrest on mesne process abolished
87. Court may order arrest
88. Security to be given by defendant
89. Control of the Court
90. Making of order to arrest
91. Defendant may apply for relief
92. Endorsement on order
93. Restrictions on execution of order
94. Execution on a Sunday
95. Privilege from arrest
96. Misdescription of defendant
97. Costs
98. Discharge of defendant
99. Date of arrest
100. Fees
Division 7-Interest on judgment
101. Interest on judgment
Division 8-Wards of Court
102. Minors to become wards only by order
Division 9-Quashing by-laws
103. Proceeding to test legality of by-laws
PART 7-ASSOCIATE JUDGES AND OFFICERS OF THE COURT
Division 1-Appointments
104. Appointment of Associate Judges
104A. Pension entitlements of Associate Judges, their partners
and children
104B. Election of Associate Judges to commute future pensions
for payment of superannuation contributions surcharge
104C. Actuary's first calculation after election of Associate
Judges to commute pensions
104D. Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums
104E. Election of former Associate Judges to commute pensions
for payment of superannuation contributions surcharge
104F. Actuary's calculation after former Associate Judges'
election to commute pensions
104G. Payment and commutation of pensions of former Associate Judges
104H. Election of Associate Judges' partners and eligible children
to commute pensions for payment of superannuation contributions surcharge
104I. Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children
104J. Payment and commutation of pensions of former Associate Judges' partners and eligible children
105. Acting Associate Judges
105A. Acting Senior Master
106. Power to employ chief executive officer, prothonotary etc.
107. Certain office holders to be deputies
108. Powers of deputies
109. Appointment of bailiffs and assistant bailiffs
Division 2-Functions of Associate Judges
109A. Chief Justice responsible for business of Associate Judges
110. Functions of the Senior Master
111. Functions of Associate Judges
111A. Functions of Registrar of the Court of Appeal
112. Functions of the Registrar of Criminal Appeals and Taxing Master
113. Common Funds
113A. Common Fund No. 3.
113B. Senior Master to have certain powers of administrator
Division 3-The sheriff
114. Definition
115. Functions of sheriff
116-118. Repealed
119. Duties on arrest of civil debtors
120. Liability for wrongful imprisonment
121-122. Repealed
123. Punishment for misconduct
124. Repealed
Division 4-General
125. Extortion by and impersonation of court officials
126. Repealed
127. Senior Master and court officials subject to audit for receipt of public money
128. Money held under Act may be invested
128A. Supreme Court-limitation of jurisdiction
129. Regulations
PART 8-TRANSITIONALS AND SAVINGS
130-138. Repealed
139. Transitional and savings
139A. Transitional provision
140. Transitional provision-Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000.
141. Transitional provision-Justice Legislation (Amendment) Act 2005.
142. References
142A. Regulations dealing with transitional matters-Courts Legislation Amendment (Associate Judges) Act 2008.
143. Masters to become Associate Judges
144. Pension entitlements
__________________
SCHEDULE-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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