SUPREME COURT ACT 1986 - SECT 25 Power to make Rules[12]
SUPREME COURT ACT 1986 - SECT 25
Power to make Rules[12]S. 25(1) amended by Nos 9/1995 s. 7(5), 5/2013 s. 17.
(1) The Judges of the Court (not including any reserve Judge) 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;
S. 25(1)(ab) inserted by No. 47/2010 s. 82(a).
(ab) furthering the overarching purpose set out in the Civil Procedure Act 2010 and the conduct of civil proceedings in accordance with the principles set out in that Act, including the overarching obligations;
S. 25(1)(ac) inserted by No. 47/2010 s. 82(a).
(ac) the conduct of proceedings and parties to proceedings generally, including, but not limited to, the imposition of limits, restrictions or conditions on any party in respect of any aspect of the conduct of proceedings;
S. 25(1)(ad) inserted by No. 47/2010 s. 82(a).
(ad) case management;
S. 25(1)(ada) inserted by No. 25/2014 s. 9.
(ada) discovery and disclosure;
S. 25(1)(ae) inserted by No. 47/2010 s. 82(a).
(ae) any other matter or thing required or permitted by or under the Civil Procedure Act 2010 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
S. 25(1)(af) inserted by No. 58/2013 s. 56.
(af) any other matter or thing required or permitted by or under the Open Courts Act 2013 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
S. 25(1)(ag) inserted by No. 42/2014 s. 103.
(ag) any matter or thing required or permitted by or under the Vexatious Proceedings Act 2014 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
S. 25(1)(ah) inserted by No. 18/2018 s. 16.
(ah) the conduct of proceedings and parties to proceedings conducted in accordance with the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 , including, but not limited to—
(i) the imposition of limits, restrictions or conditions on any party (including proper defendants) in respect of any aspect of the conduct of those proceedings; and
(ii) the direction or ordering of parties (including proper defendants) to those proceedings; and
(iii) the modification of any rule, practice or procedure in its application to proper defendants under that Act; and
(iv) any other matter or thing necessary or required for the purposes of that Act or arising from proceedings conducted in accordance with that Act;
S. 25(1)(ai) inserted by No. 33/2018 s. 64.
(ai) electronic communication and electronic processes, including, but not limited to—
(i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and
(ii) the transmission and issuing of orders, judgments, processes and other documents by electronic communication; and
(iii) use of electronic signatures and seals;
S. 25(1)(aj) inserted by No. 31/2021 s. 10.
(aj) the conduct of, and procedure for, or in relation to, substituted proceedings to which Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 applies;
S. 25(1)(b) amended by No. 24/2008 s. 22(1)(a).
(b) The prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by an Associate Judge;
S. 25(1)(c) amended by Nos 109/1994 s. 22(1)(a)(i)(ii), 24/2008 s. 22(1)(b), 3/2016 s. 45.
(c) Appeals by way of rehearing or otherwise to the Trial Division of the Court constituted by a Judge from an associate judge of the County Court;
S. 25(1)(ca) inserted by No. 109/1994 s. 22(1)(b).
(ca) applications and appeals to and proceedings in the Court of Appeal;
S. 25(1)(cab) inserted by No. 62/2014 s. 7.
(cab) without limiting paragraph (ca), in accordance with section 11, providing for the constitution of the Court of Appeal by a single Judge of Appeal—
(i) in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or
(ii) generally;
S. 25(1)(cac) inserted by No. 62/2014 s. 7.
(cac) without limiting paragraph (ca), in accordance with section 11, providing for the particular kinds of applications, appeals or proceedings in respect of which the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal;
S. 25(1)(cb) inserted by No. 24/2008 s. 22(1)(c).
(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;
S. 25(1)(cc) inserted by No. 34/2010 s. 19(1).
(cc) appeals by way of rehearing or otherwise from the Court constituted by a judicial registrar—
(i) to the Court of Appeal; or
(ii) to the Trial Division constituted by a Judge of the Court or by an Associate Judge;
(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;
S. 25(1)(da) inserted by No. 78/2008 s. 6.
(da) the practice and procedure of the Costs Court, including, but not limited to generally providing for matters in respect of the assessment, settling, taxation and review of costs by the Costs Court.
S. 25(1)(db) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(a).
(db) without limiting paragraph (da), the performance of assessing, settling, taxing and reviewing of costs by costs registrars or judicial registrars, including, but not limited to, the exercise by costs registrars or judicial registrars of the jurisdiction of the Costs Court;
S. 25(1)(dc) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(b).
(dc) the transfer or referral of matters between the Costs Court constituted by a Costs Judge and the Costs Court constituted by a costs registrar or a judicial registrar;
S. 25(1)(dd) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(c).
(dd) reviews by and appeals from the Costs Court;
S. 25(1)(de) inserted by No. 34/2010 s. 19(3), substituted by No. 68/2012 s. 7(1).
(de) the prescription of classes of matters (whether civil or criminal) which may be heard and determined by the Court constituted by a judicial registrar;
S. 25(1)(dea) inserted by No. 68/2012 s. 7(1).
(dea) without limiting paragraph (dg), the referral by a Judge or an Associate Judge of any matter (whether civil or criminal and whether or not it falls within a particular class of matter) to the Court constituted by a judicial registrar for hearing and determination;
S. 25(1)(df) inserted by No. 34/2010 s. 19(3), amended by No. 68/2012 s. 7(2).
(df) delegating to judicial registrars all or any of the powers of the Court specified by the Rules in relation to matters to be heard and determined by judicial registrars in accordance with the Rules, including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court;
S. 25(1)(dg) inserted by No. 34/2010 s. 19(3).
(dg) the transfer or referral of matters between the Court constituted by a judicial registrar and the Court constituted by a Judge of the Court or by an Associate Judge;
S. 25(1)(dh) inserted by No. 34/2010 s. 19(3).
(dh) reviews of, and appeals from, the Court constituted by a judicial registrar or a costs registrar;
(e) The reference of any question arising in a proceeding to a special referee or officer of the Court for decision or opinion;
S. 25(1)(ea) inserted by No. 64/1990 s. 7(1).
(ea) The reference of any proceeding or of any part of a proceeding to mediation or arbitration;
S. 25(1)(eab) inserted by No. 50/2009 s. 6(a).
(eab) judicial resolution conferences, including, but not limited to, the practice and procedure of the Court in relation to judicial resolution conferences;
S. 25(1)(eac) inserted by No. 47/2010 s. 82(b).
(eac) without limiting paragraphs (ea) and (eab), the referral, direction or ordering of parties to a proceeding to any form of appropriate dispute resolution, whether with or without consent of the parties;
S 25(1)(eb) inserted by No.
4/1997
s. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48).
(eb) requirements for the purposes of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 for or with respect to [13] —
(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;
S. 25(1)(ec) inserted by No.
4/1997
s. 5, amended by No. 69/2009 s. 54(Sch. Pt 2 item 48).
(ec) applications to the Court under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 [14] ;
S. 25(1)(ed) inserted by No. 8/2008 s. 9, repealed by No. 8/2008 s. 12(2).
* * * * *
(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.
S. 25(1A) inserted by No. 24/2008 s. 22(2).
(1A) The Rules may—
S. 25(1A)(a) amended by Nos 50/2009 s. 6(b), 34/2010 s. 19(4).
(a) confer a discretionary authority or impose a duty on the Chief Justice, a Judge of the Court, an Associate Judge, a judicial registrar or a specified court official or a specified class of judge, class of judicial registrar 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.
No. 6387 s. 26.
S. 26 amended by Nos 9/1995 s. 7(5), 24/2008 s. 23, 5/2013 s. 18, 63/2013 s. 18, 11/2021 s. 51 (ILA s. 39B(1)).