Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-

actuary means a fellow or accredited member of the Institute of Actuaries of
Australia approved by the Minister;

Associate Judge means an Associate Judge appointed under section 104 and
referred to in section 75(4) of the Constitution Act 1975;

Australian lawyer has the same meaning as in the Legal Profession Act 2004;





Chief Justice includes Acting Chief Justice, and in the absence of the Chief
Justice and the Acting Chief Justice means the senior Judge of the Court for
the time being present1;

costs includes fees, charges and disbursements;

Court means the Supreme Court;

Court of Appeal means the division of the Court called the Court of Appeal2;



court official means-

   (a)  an officer of the Court (except a person who is an officer of
        the Court only because he or she is an Australian lawyer); or

   (b)  any person employed in any of the offices of the Court; or

   (c)  any person employed in the chambers of a Judge or Associate Judge; or

   (d)  the sheriff or any other person acting in execution of any warrant or
        other process of the Court;

defendant includes every person served with any process or served with notice
of or entitled to attend any proceeding;

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Judge of Appeal means the Chief Justice, the President, another Judge of
Appeal or an additional Judge of Appeal appointed or acting under section 80B
of the Constitution Act 19753; Judge of the Court means a Judge of the Court
referred to in section 75(3) of the Constitution Act 1975;

judgment includes order; judicial resolution conference means a resolution
process presided over by a Judge of the Court or an Associate Judge for the
purposes of negotiating a settlement of a dispute including, but not limited
to-

   (a)  mediation, whether or not referred to that person in accordance with
        the Rules;

   (b)  early neutral evaluation;

   (c)  settlement conference;

   (d)  conciliation;

landlord includes a lessor;

* * * * *



law practice has the same meaning as in the Legal Profession Act 2004;

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



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party includes every person served with notice of or attending any proceeding,
whether named on the record or not;

plaintiff includes every person claiming any relief (otherwise than by way of
counterclaim as a defendant) against any other person in a proceeding;

President means the President of the Court of Appeal4;

proceeding means any matter in the Court other than a criminal proceeding;

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subordinate instrument has the same meaning as in the
Interpretation of Legislation Act 1984;

superannuation contributions surcharge means the superannuation contributions
surcharge imposed by the
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997
of the Commonwealth;

superannuation contributions surcharge notice means a notice issued by the
Commissioner of Taxation under section 15(7) of the
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
of the Commonwealth;

tenant includes a lessee and any other person deriving title under a lease;

the Rules means the Rules of Court made by the Judges of the Court whether
under the powers conferred by this Act or otherwise;

total pension entitlement means, on a particular day, the current value of all
future pension payments on that day;

Trial Division means the division of the Court called the Trial Division5;



vessel includes any ship, boat or other vessel used for any purpose on the sea
or in navigation.

(2) In this or any other Act or enactment or any subordinate instrument or
other instrument a reference to a rule or decree of the Court is to be taken
as a reference to an order of the Court.

(3) If by this or any other Act or enactment or by any subordinate instrument
or other instrument a procedure is prescribed for or in relation to any
proceeding in the Court or for or in relation to any step or process in such a
proceeding and the Chapter I of the Rules of the Supreme Court prescribe a
procedure that is applicable to such a proceeding or step or process, the
procedure prescribed by those Rules applies despite the provisions of that
Act, enactment, subordinate instrument or other instrument.

(4) A proceeding to which the Chapter I of the Rules of the Supreme Court
apply must, despite anything in any Act or enactment, be commenced and
conducted in accordance with those Rules and not otherwise.

(5) A judgment in any proceeding must be enforced in accordance with the
Chapter I of the Rules of the Supreme Court and not otherwise.

(6) In this or any other Act or enactment or any subordinate instrument or
other instrument a reference to a writ of prohibition, mandamus, certiorari or
ne exeat colonia by which the Court had before the commencement of this Act
jurisdiction to grant any relief or remedy is, subject to subsection (7), to
be taken as a reference to the judgment or order by which the Court may after
that commencement grant that relief or remedy under this Act and the Rules.

(7) Subsection (6) does not apply to a reference to a writ of habeas corpus.