Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 25

Power to make Rules11

25. Power to make Rules11



(1) The Judges of the Court (not including any Judge who has made an election
under section 80A(1) or has been appointed under section 80A(3A) of the
Constitution Act 1975) may make Rules of Court for or with respect to the
following:

   (a)  Any matter dealt with in any Rules of Court in force on 1 January
        1987;

   (b)  The prescription of the proceedings or class of proceedings which may
        be dealt with by the Court constituted by an Associate Judge;

   (c)  Appeals by way of rehearing or otherwise to the Trial Division of
        the Court constituted by a Judge an associate judge of the County
        Court;



   (ca) applications and appeals to and proceedings in the Court of Appeal;



   (cb) appeals by way of rehearing or otherwise from the Trial Division
        constituted by an Associate Judge-

   (i)  to the Court of Appeal; or

   (ii) to the Trial Division constituted by a Judge of the Court;

   (d)  The payment of money into and out of court and the investment of that
        money including, without limiting the generality of the foregoing
        provisions of this paragraph, rules-

   (i)  providing for the establishment and management of Common Funds; and

   (ii) regulating the practice and procedure of the Senior Master in relation
        to the investment of money; and

   (iii) generally prescribing anything necessary to be prescribed for the
        proper management and operation of Common Funds;

   (e)  The reference of any question arising in a proceeding to a special
        referee or officer of the Court for decision or opinion;

   (ea) The reference of any proceeding or of any part of a proceeding to
        mediation or arbitration;

   (eab) judicial resolution conferences, including, but not limited to, the
        practice and procedure of the Court in relation to judicial resolution
        conferences;

   (eb) requirements for the purposes of Part IIA of the Evidence Act 1958 for
        or with respect to12-

   (i)  the form of audio visual or audio link;

   (ii) the equipment, or class of equipment, used to establish the link;

   (iii) the layout of cameras;

   (iv) the standard, or speed, of transmission;

   (v)  the quality of communication;

   (vi) any other matter relating to the link;

   (ec) applications to the Court under Division 2 or 3 of Part IIA of the
        Evidence Act 195813;



   (ed) any matter relating to sentence indications in criminal proceedings;



   (f)  Any matter relating to-

   (i)  the practice and procedure of the Court; or

   (ii) the powers, authorities, duties and functions of the officers of
        the Court;

   (g)  Any matter relating to the enforcement of judgments of the Court,
        whether arising under the common law or under any jurisdiction
        conferred by or under any Act or enactment.



(1A) The Rules may-





   (a)  confer a discretionary authority or impose a duty on the Chief
        Justice, a Judge of the Court, an Associate Judge or a specified court
        official or a specified class of judge or court official; and

   (b)  provide in a specified case or class of case for the exemption of
        proceedings or a class of proceeding from any of the provisions of the
        Rules, whether unconditionally or on specified conditions and either
        wholly or to such an extent as is specified.

(2) The power to make Rules of Court extends to the repeal and amendment of
Rules even if they have been ratified, validated and approved by the
Parliament.