Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 4

Abolition of distinction between court and chambers

4. Abolition of distinction between court and chambers



(1) The distinction between court and chambers is abolished.

(2) Nothing in subsection (1) alters the practice and procedure of the Court
with respect to business that can be conducted otherwise than in open court.

(3) The business of the Court, whether conducted in court or otherwise, is to
be taken to be conducted in court.

(4) If by or under this or any other Act in force immediately before the
commencement of this Act any jurisdiction, power or authority is vested in
a Judge of the Supreme Court-

   (a)  that jurisdiction, power or authority may be exercised in accordance
        with this Act and the Rules by the Court in all respects as that Judge
        might have done; and

   (b)  the Court constituted in accordance with this Act and the Rules has
        jurisdiction, power or authority co-ordinate with the jurisdiction,
        power or authority of the Judge.

(5) If by or under this or any other Act in force immediately before the
commencement of this Act any jurisdiction, power or authority is vested in
the Court or in any Judge by the use of the words "the Court", "the Court or a
Judge", "the Supreme Court or any Judge thereof" or "a Judge of the Supreme
Court" or by any words referring to the Court or to any Judge, that
jurisdiction, power or authority may be exercised by the Court in accordance
with this Act and the Rules.

(6) Subsection (5) has effect even if the Act vesting jurisdiction, power or
authority in the Court or in any Judge designates the Court or Judge as
the court, judge, arbitrator or person appointed to hear and determine any
matter and even if the determination is expressed to be final or without
appeal, but if the determination is expressed to be final or without appeal an
appeal does not lie from a determination of the Court.