Supreme Court Act 1986 (Vic)

Version No. 112

Supreme Court Act 1986

No. 110 of 1986

Version incorporating amendments as at

25 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Abolition of distinction between court and chambers

5Criminal procedure

Part 2—Sittings, powers and procedures

Division 1—Sittings

6Where Court to be held

7Time and place of sitting

9ARobing of Judges

9BTitles of Associate Judges

9CTitles of judicial registrars

Division 2—Court of Appeal

10Jurisdiction and powers

11Way in which Court of Appeal may be constituted

12Opinions equally divided

13Judges not to sit on appeal from their own judgments

13AWhen additional Trial Division Judge must not sit on hearing of new trial

14Power of Court of Appeal on civil appeals

14ALeave to appeal required for civil appeals

14BCommencing a civil appeal

14CAppeal must have real prospect of success

14DDetermination of application for leave to appeal

15Constitution of Court if one Judge of Appeal unable to continue

16Arrangement of business of Court of Appeal

Division 2A—Trial Division

17Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge

17AABusiness may be disposed of by judicial registrars if Rules so permit

17ARestriction on appeals

17BReference of matters to Court of Appeal

Division 2B—Costs Court

17CCosts Court established

17DPowers and functions of Costs Court

17EChief Justice to allocate Associate Judges as Costs Judges

17EAChief Justice may assign judicial registrars to Costs Court

17FCosts Judge may direct judicial registrars and costs registrars

17GPowers and functions of costs registrar

17GAPowers and functions of judicial registrar in Costs Court

17HReview of costs registrar's determination by judicial registrar

17HAReview of judicial registrar's determination by Costs Judge

17IAppeals

17JCosts in proceedings in another court or VCAT

17KTransfer of file

Division 3—Powers

20Offence to publish certain information concerning proceedings

20APower to act in cases relating to rates and taxes

22Execution of instruments by order of Court

23Attachment of earnings

24Costs to be in the discretion of Court

24AMediation

24BCourt may issue or transmit court documents electronically

Division 3B—Immunities and protections

24DImmunity and protection of Judge of Court extends to administrative functions

24EImmunity and protection of Associate Judges

24FImmunity and protection of specified court officers

24GProtection of assessors

Division 4—Court Rules

25Power to make Rules

26Manner of making Rules

27Disallowance of Rules

27AProtection of special referees, mediators and arbitrators

Division 5—Council of Judges

28Council of Judges

Division 5A—Powers of Chief Justice

28AAAAdministrative responsibility of Chief Justice

Division 6—Professional development and training

28AProfessional development and training

Part 3—Concurrent administration of law and equity

29Law and equity to be concurrently administered

30Power to stay proceedings

Part 4—Inferior courts

31Power of inferior courts with equity jurisdiction

32Transfer of proceeding from inferior court

33Rules of law to apply to inferior courts

Part 4A—Group proceeding

Division 1—Preliminary

33ADefinitions

33BApplication

Division 2—Commencement of group proceeding

33CCommencement of proceeding

33DStanding

33EConsent of group member

33FPersons under disability

33GGroup proceeding not to be commenced in certain circumstances

33HOriginating process

33JRight of group member to opt out

33KCauses of action accruing after commencement

33KACourt powers concerning group membership

33LFewer than seven group members

33MDistribution costs excessive

33NProceeding not to continue under this Part

33PConsequences of proceeding not continuing under this Part

33QWhere not all questions common

33RIndividual questions

33SDirections for further proceedings

33TAdequacy of representation

33UStay of execution

33VSettlement and discontinuance

33WSettlement of individual claim

Division 3—Notices

33XWhen notice to be given

33YNotices under section 33X

Division 4—Judgment, etc.

33ZJudgment of the Court

33ZAConstitution etc. of fund

33ZBEffect of judgment

Division 5—Appeals

33ZCAppeals

Division 6—Miscellaneous

33ZDCosts

33ZDAGroup costs orders

33ZESuspension of limitation periods

33ZFGeneral power of court to make orders

33ZGOrder may specify a date by which group members must take a step

33ZHOrder in event of decision or admission on liability

33ZJReimbursement of plaintiff's costs

33ZKTransitional provisions

Part 5—Miscellaneous rules of law

Division 1—General

36Declaratory judgments

37Injunctions and receivers

38Damages in addition to or in place of other remedies

39Foreign law

40Crown payments to be subject to attachment

41Failure to prosecute not a bar to civil remedy

42Property available to satisfy judgment debt

43Standard time in Victoria

44Meaning of month in documents

Division 2—Vessels

45Rule as to division of liability for damage or loss

46Liability for loss of life or personal injuries

47Right of contribution

Division 3—Fires

48Proceeding does not lie against person on whose land fire accidentally begins

Division 4—Contracts of minors

49Certain contracts by minors to be void

50No proceeding to be brought on ratification of minor's contract

51Avoiding contract for payment of loan advanced during minority

Division 4A—Administration of children's funds

51ACourt orders relating to administration of children's funds

Division 5—Sureties, co-contractors and co-debtors

52Surety discharging liability to be entitled to securities

Division 6—Apportionment

53Definitions

54Rents etc. to accrue from day to day and be apportionable

55Time when apportioned part is to be payable

56Recovery of apportioned parts

Division 7—Interest

57Any interest may be contracted to be paid

58Interest to be allowed when debts or sums certain recovered

59Damages in nature of interest

60Interest in proceedings for debt or damages

Division 8—Contempt of court

61Restoration of common law relating to contempt of court

Part 6—Miscellaneous powers

Division 1—Determinations without oral hearing

62Court may determine matter or proceeding without oral hearing

Division 2—Delivery of documents

76Power of Court to order legal practitioner or law practice to deliver bill of costs etc.

Division 3—Assistance of assessors and legal practitioners

77Assessors

78Opinion of a legal practitioner

Division 4—Proceeding for recovery of land

79Proceeding by landlord if rent is in arrears

80Lessee not to have relief without payment of rent and costs

81Proceeding by landlord against tenant holding over after end of tenancy

82Provisions concerning securities

83Saving of former remedies

84Proceeding for recovery of land by mortgagee

Division 5—Relief from forfeiture

85Relief against forfeiture for non-payment of rent

Division 6—Arrest in pending proceedings

86Arrest on mesne process abolished

87Court may order arrest

88Security to be given by defendant

89Control of the Court

90Making of order to arrest

91Defendant may apply for relief

92Endorsement on order

93Restrictions on execution of order

94Execution on a Sunday

95Privilege from arrest

96Misdescription of defendant

97Costs

98Discharge of defendant

99Date of arrest

100Fees

Division 7—Interest on judgment

101Interest on judgment

Division 8—Wards of Court

102Minors to become wards only by order

Division 9—Quashing by-laws

103Proceeding to test legality of by-laws

Part 7—Associate Judges and officers of the Court

Division 1—Appointments of Associate Judges

104Appointment of Associate Judges

104APension entitlements of Associate Judges, their partners and children

104ABEffect of part-time service arrangement on pensions of Associate Judges

104BElection of Associate Judges to commute future pensions for payment of superannuation contributions surcharge

104CActuary's first calculation after election of Associate Judges to commute pensions

104DActuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums

104EElection of former Associate Judges to commute pensions for payment of superannuation contributions surcharge

104FActuary's calculation after former Associate Judges' election to commute pensions

104GPayment and commutation of pensions of former Associate Judges

104HElection of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

104IActuary's calculation of reduction of pensions of Associate Judges' partners and eligible children

104JPayment and commutation of pensions of former Associate Judges' partners and eligible children

104JAEntry into part-time service arrangement

104JBVariation of part-time service arrangement

104JCTermination of part-time service arrangement

104JDAssociate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment

105Acting Associate Judges

105AActing Senior Master

Division 1A—Reserve Associate Judges

105BAppointment of reserve Associate Judges

105CCessation of office

105DChief Justice may engage reserve Associate Judge to undertake duties of Associate Judge

105EPowers, jurisdiction, immunities and protection of reserve Associate Judge

105FPension rights and service not affected by being a reserve Associate Judge

105GEngaging in legal practice or other paid employment

105HPower to complete matters—Associate Judges and reserve Associate Judges

105IConstitution of Court in certain circumstances

Division 1B—Appointments of other officers

106Power to employ chief executive officer, prothonotary etc.

107Certain office holders to be deputies

108Powers of deputies

109Appointment of bailiffs and assistant bailiffs

Division 2—Functions of Associate Judges

109AChief Justice responsible for business of Associate Judges

110Functions of the Senior Master

111Functions of Associate Judges

113Common Funds

113ACommon Fund No. 3

113BSenior Master to have certain powers of administrator

Division 2A—Judicial registrars

113CAssignment of duties

113DGuidelines relating to the appointment of judicial registrars

113ERecommendations for appointment of judicial registrars

113FAppointment by Governor in Council

113GRemuneration and terms and conditions of appointment

113GAValidation of certain past superannuation payments—judicial registrars

113GBOath or affirmation of office

113HResignation from office

113LPerformance of duties by judicial registrar

Division 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals

113NChief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals

113OFunctions of Registrar of the Court of Appeal

113PFunctions of the Registrar of Criminal Appeals

Division 3—The sheriff

114Definition

115Functions of sheriff

119Duties on arrest of civil debtors

120Liability for wrongful imprisonment

123Punishment for misconduct

Division 4—General

125Extortion by and impersonation of court officials

127Senior Master and court officials subject to audit for receipt of public money

128Money held under Act may be invested

128ASupreme Court—limitation of jurisdiction

129Regulations

Part 8—Transitionals and savings

139Transitional and savings

139ATransitional provision

140Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000

141Transitional provision—Justice Legislation (Amendment) Act 2005

142References

142ARegulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008

143Masters to become Associate Judges

144Pension entitlements

145Pending matters—Taxing Master

146Pending matters—other courts and VCAT

147Power to resolve transitional difficulties in proceedings

148Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008

149Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010

150Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010

152Savings—Open Courts Act 2013

153Transitional—Courts and Other Justice Legislation Amendment Act 2013

154Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014

155Power to resolve transitional difficulties in proceeding

156Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

156ATransitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 112

Supreme Court Act 1986

No. 110 of 1986

Version incorporating amendments as at

25 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is—

(a)to amend and consolidate the law relating to the Supreme Court; and

(b)to amend the law of Victoria insofar as it relates to the procedure of the Supreme Court.

2Commencement

This Act comes into operation on 1 January 1987.

3Definitions

(1)In this Act—

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

appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010;

Associate Judge means an Associate Judge appointed under section 104 and referred to in section 75(4) of the Constitution Act 1975 and, subject to this Act, and unless the context otherwise requires, includes a reserve Associate Judge engaged under section 105D to perform the duties of an Associate Judge during any period of engagement or acting under section 105H;

*                *                *                *                *

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 present[1];

costs includes fees, charges and disbursements;

Costs Court means the Costs Court established by section 17C;

Costs Judge means an Associate Judge allocated to the Costs Court as a Costs Judge under section 17E;

costs registrar means a person employed pursuant to section 106(ac) who has functions and powers under Division 2B of Part 2;

Court means the Supreme Court;

Court of Appeal means the division of the Court called the Court of Appeal[2];

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;

domestic partner of a person means—

(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

*                *                *                *                *

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 1975[4] and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of Appeal during any period of engagement;

Judge of the Court means a Judge of the Court referred to in section 75(3) of the Constitution Act 1975 and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA of that Act;

judgment includes order;

judicial registrar means a person appointed as a judicial registrar of the Court under Division 2A of Part 7;

judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010;

landlord includes a lessor;

*                *                *                *                *

law practice has the same meaning as in the Legal Profession Uniform Law (Victoria);

legal practitioner means an Australian legal practitioner;

*                *                *                *                *

*                *                *                *                *

part-time service arrangement means—

(a)in relation to a Judge of the Court, an arrangement entered under section 75C of the Constitution Act 1975;

(b)in relation to an Associate Judge, an arrangement entered under section 104JA;

partner of a person means the person's spouse or domestic partner;

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;

police officer has the same meaning as in the Victoria Police Act 2013;

Presidentmeans the President of the Court of Appeal[5];

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

reserve Associate Judge means a person appointed under section 105B;

reserve Judge means a person appointed under section 81 of the Constitution Act 1975;

*                *                *                *                *

spouseof a person means a person to whom the person is, or was at the time of the person's death, married;

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 Division[6];

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.

(8)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

4Abolition 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.

5Criminal procedure

Subject to any express enactment to the contrary and to the Rules, the practice and procedure in all criminal proceedings in the Court is that existing immediately before the commencement of this Act.

PART 2—SITTINGS, POWERS AND PROCEDURES

Division 1—Sittings

6Where Court to be held

(1)The Court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs.

(2)The Governor in Council may by Order published in the Government Gazette direct that the Court shall cease to be held at any place and may subsequently direct that it shall be again held at that place.

7Time and place of sitting

Subject to the Rules, the Court may sit and act at any time and place.

*                *                *                *                *

9ARobing of Judges

All matters pertaining to the robing of Judges of the Court are to be determined by the Chief Justice after consultation with the Council of the Judges.

9BTitles of Associate Judges

Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any Associate Judge.

9CTitles of judicial registrars

Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any judicial registrar.

Division 2—Court of Appeal[8]

10Jurisdiction and powers

(1)Subject to this Act, the Court of Appeal has jurisdiction to hear and determine—

(a)all appeals from the Trial Division constituted by a Judge of the Court;

(ab)all appeals from the Trial Division constituted by an Associate Judge which the Rules specify are to be heard and determined by the Court of Appeal;

(ac)without limiting paragraph (ab), all appeals from the Costs Court constituted by a Costs Judge which the Rules specify are to be heard and determined by the Court of Appeal;

(b)all applications for new trials;

(c)all appeals from the County Court constituted by a Judge of that Court;

(d)all appeals, applications, questions and other matters, whether civil or criminal, which, by or under an Act—

(i)immediately before the commencement of section 20 of the Constitution (Court of Appeal) Act 1994, were required or authorised to be heard or disposed of by the Full Court of the Supreme Court (including any such matter pending, but the hearing of which by the Full Court had not commenced, before that commencement); or

(ii)are referred to or reserved for the consideration of, or directed to be brought for argument before, the Court of Appeal.

(2)The Court of Appeal has such additional jurisdiction as is conferred on it by or under this Act, another Act or a Commonwealth Act.

(3)The Court of Appeal may, in proceedings before it, exercise every jurisdiction or power of the Court.

11Way in which Court of Appeal may be constituted

(1)Subject to this Act and the Rules, any 3 or more Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

(1A)If the President of the Court of Appeal so determines in a particular case, 2 Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

(1B)The Rules may provide that in particular classes of applications or appeals to or proceedings in the Court of Appeal, 2 Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

(1C)Subject to subsection (9), the Rules may provide that a single Judge of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal—

(a)in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or

(b)generally.

(2)More than one sittings of the Court of Appeal may be held at the same time.

(3)When more than one sittings of the Court of Appeal are held at the same time, the jurisdiction and powers of the Court of Appeal may be exercised at each sittings.

(4)The Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings, be exercised by an Associate Judge.

(4A)Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if—

(a)the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and

(b)the Rules provide for the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.

(4B)The Rules may provide that in particular kinds of applications, appeals or proceedings, the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal.

(5)The Court of Appeal may discharge or vary a judgment, order or direction given or made by an Associate Judge or a judicial registrar.

(6)Unless the Court of Appeal discharges or varies a judgment, order or direction in accordance with any Rules made under subsection (4B), a judgment, order or direction given or made by a single Judge of Appeal has effect as a judgment, order or direction of the Court of Appeal.

(7)Subject to subsection (5), a judgment, order or direction given or made by an Associate Judge when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.

(8)Subject to subsection (5), a judgment, order or direction given or made by a judicial registrar when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.

(9)Subsection (1C) does not apply in relation to—

(a)an appeal from a refusal to grant habeas corpus; or

(b)an appeal under the Serious Offenders Act 2018.

12Opinions equally divided

(1)If an appeal or other matter has been heard by the Court of Appeal constituted by 2 Judges of Appeal and the Judges differ in opinion, the appeal or other matter must be re-heard before the Court of Appeal constituted by more than 2 Judges.

(2)If an appeal or other matter has been heard by the Court of Appeal constituted by more than 2 Judges of Appeal and the Judges are equally divided in opinion, the judgment of the Court must be given in accordance with the opinion of the senior Judge of Appeal then present.

13Judges not to sit on appeal from their own judgments

Except where otherwise expressly enacted, a Judge of Appeal must not sit on the hearing of an appeal from a judgment of the Trial Division constituted by that Judge or on the hearing of an application for a new trial of a proceeding tried before that Judge.

13AWhen additional Trial Division Judge must not sit on hearing of new trial

A Judge of Appeal acting as an additional Judge of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial.

14Power of Court of Appeal on civil appeals

(1)The Court of Appeal, in hearing and determining an appeal in a proceeding in which there has been a trial by jury, may, despite any enactment or rule of law or practice to the contrary, give any judgment on the appeal that it might have given if the proceeding had been tried without a jury and the findings or verdict of the jury had been the findings of the Judge.

(2)An order for a new trial of a proceeding, whether the proceeding has been tried with a jury or without a jury, may be limited to the question of damages only or to the question of liability only even if at the trial there was an apportionment under the Wrongs Act 1958 or any other enactment.

14ALeave to appeal required for civil appeals

(1)Subject to subsection (2), any civil appeal to the Court of Appeal requires leave to appeal to be obtained from the Court of Appeal.

(2)Leave to appeal is not required—

(a)for an appeal from a refusal to grant habeas corpus; or

(b)for an appeal under the Serious Offenders Act 2018; or

(ba)for an appeal from a judgment or an order of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or

(c)if the Rules provide that leave to appeal is not required, whether in any particular class of application or proceeding or generally.

(3)For the purposes of this section, civil appeal means an appeal from a judgment or order made in exercise of civil jurisdiction, including an appeal by way of rehearing or judicial review, for which this Act, any other Act or the Rules provide an appeal to the Court of Appeal.

14BCommencing a civil appeal

(1)An applicant for leave to appeal under section 14A must file an application for leave to appeal within 28 days from the date of the judgment, order, determination or other decision which is the subject of appeal unless the Rules otherwise provide.

(2)Unless this Act, any other Act or the Rules otherwise provide, an application for leave to appeal is commenced by filing the application for leave to appeal.

14CAppeal must have real prospect of success

The Court of Appeal may grant an application for leave to appeal under section 14A only if it is satisfied that the appeal has a real prospect of success.

14DDetermination of application for leave to appeal

(1)The Court of Appeal constituted by one or more Judges of Appeal may determine an application for leave to appeal under section 14A with or without an oral hearing of the parties.

(2)Subject to subsection (3), if the Court of Appeal dismisses an application for leave to appeal without an oral hearing, the applicant, in accordance with the Rules, may apply to have the dismissal set aside or varied at an oral hearing before the Court of Appeal constituted by two or more Judges of Appeal.

(3)If the Court of Appeal dismisses an application for leave to appeal without an oral hearing and has determined that the application is totally without merit, the applicant has no right to apply to have the dismissal set aside or varied.

(4)This section does not apply to—

(a)an appeal from a refusal to grant habeas corpus; or

(b)an appeal under the Serious Offenders Act 2018.

15Constitution of Court if one Judge of Appeal unable to continue

(1)If—

(a)after the Court of Appeal (including the Court constituted under this section) has started the hearing, or further hearing, of a proceeding; and

(b)before the proceeding has been determined—

one of the Judges of Appeal constituting the Court of Appeal dies, resigns as a Judge or otherwise becomes unable to continue as a member of the Court for the purposes of the proceeding, the hearing and determination of the proceeding may be finished by the remaining Judges constituting the Court if at least 2 Judges remain and the parties consent.

(2)The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted.

(3)Any question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the Court were not constituted under this section.

16Arrangement of business of Court of Appeal

Subject to section 28AAA, the President is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.

Division 2A—Trial Division[9]

17Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge

(1)The Trial Division constituted by a Judge of the Court may hear and determine all matters, whether civil or criminal, not required by or under this or any other Act or the Rules to be heard and determined by the Court of Appeal.

(1A)The Trial Division constituted by an Associate Judge may hear and determine all matters, whether civil or criminal, not required by or under this Act or any other Act or the Rules to be heard and determined—

(a)by the Court of Appeal; or

(b)by the Trial Division constituted by a Judge of the Court.

(2)Unless otherwise expressly provided by this or any other Act, an appeal lies to the Court of Appeal from any determination of the Trial Division constituted by a Judge of the Court.

Note

See, for example, section 14A which requires leave of the Court of Appeal for civil appeals as defined in that section.

(3)Unless otherwise expressly provided by this Act or any other Act or the Rules, an appeal lies to the Trial Division constituted by a Judge of the Court from any determination of the Trial Division constituted by an Associate Judge.

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17AA   Business may be disposed of by judicial registrars if Rules so permit

Without limiting section 17, the Trial Division of the Court constituted by a judicial registrar may hear and determine any matter, whether civil or criminal, if—

(a)the matter falls within a particular class of matters and provision is made by the Rules for the Court constituted by a judicial registrar to hear and determine a matter of that class; or

(b)provision is made by the Rules for a Judge or an Associate Judge to refer any matter (whether or not it falls within a particular class of matter) to a judicial registrar for hearing and determination and a Judge or an Associate Judge so refers the matter—

and the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter.

17ARestriction on appeals

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(2)Subject to subsection (2A), an order made by the Trial Division constituted otherwise than by a Judge of the Court—

(a)by consent of the parties; or

(b)as to costs which are in the discretion of the Trial Division—

is not subject to appeal to the Trial Division constituted by a Judge of the Court except by leave of the Trial Division constituted by a Judge of the Court or by leave of the person constituting the Trial Division which made the order.

(2A)Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar.

Note

See section 113M.

(3)Except as provided in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009, an appeal does not lie from a determination of the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge made on or in relation to the trial or proposed trial of a person on indictment.

(3A)An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an appeal to the Court—

(a)under section 148(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998; or

(ab)under section 272 of the Criminal Procedure Act 2009; or

(b)under section 109 of the Magistrates' Court Act 1989—

is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal.

(3B)Subsection (3A) applies only to an order made on an appeal instituted after the commencement of section 10 of the Courts and Tribunals Legislation (Further Amendment) Act 2000.

(3C)An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an application under section 459G of the Corporations Act to set aside a statutory demand is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal.

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(4)Subject to subsection (4A) or (4B), an appeal does not lie to the Court of Appeal—

(a)from an order allowing an extension of time for appealing from a judgment; or

(b)without leave of the Court of Appeal, from a judgment or an order in an interlocutory application, being a judgment or order given by the Trial Division constituted by a Judge of the Court or by an Associate Judge in a criminal proceeding or quasi-criminal proceeding except in the following cases—

(i)when the liberty of the subject or the custody of minors is concerned;

(ii)a decision dismissing a proceeding for want of prosecution;

(iii)any cases prescribed by the Rules.

(4A)Subsection (4)(b) does not apply to an interlocutory appeal under Division 4 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009.

(4B)Subsection (4)(b) does not apply to an application under Part 2, 4 or 5 of the Criminal Organisations Control Act 2012.

(4C)Subsection (4)(b) does not apply to an application referred to in subsection (3C).

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(6)An appeal does not lie to the Court of Appeal from an order giving unconditional leave to defend a proceeding.

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17BReference of matters to Court of Appeal

(1)Any case or question in a case which for any reason is deemed fit to be re-argued before decision or to be re-heard before final judgment, may be argued before the Court of Appeal, if the Trial Division so directs.

(2)The Trial Division constituted by a Judge of the Court or constituted by an Associate Judge may, at the request of one of the parties but (unless the contrary is expressly enacted) not otherwise, reserve any proceeding or question in a proceeding for the consideration of the Court of Appeal, or direct any proceeding or question in a proceeding to be argued before the Court of Appeal.

(3)If a case, question or proceeding is reserved for the consideration of the Court of Appeal, or is directed by the Trial Division to be argued before it the Court of Appeal and—

(a)the Court of Appeal gives leave, the case, proceeding or question may be considered by, or argued before, the Court of Appeal; or

(b)the Court of Appeal refuses leave, the case, proceeding or question must be remitted to the Trial Division for determination by it.

Division 2B—Costs Court

17CCosts Court established

(1)The Costs Court is established within the Trial Division of the Supreme Court.

(2)The Costs Court consists of such Associate Judges as are from time to time allocated to the Costs Court by the Chief Justice.

17DPowers and functions of Costs Court

(1)The Costs Court—

(a)has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in all proceedings in the Court;

(b)has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

(i)the County Court;

(ii)the Magistrates' Court;

(iii)VCAT—

if, by or under any Act, the Rules or the Rules of those courts or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

(c)has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

(i)the County Court;

(ii)the Magistrates' Court;

(iii)VCAT—

if, by any order of a court or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

(d)has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in the County Court, the Magistrates' Court or VCAT, as the case requires, in which—

(i)there is an entitlement to costs by or under any Act, the Rules of the County Court, the Magistrates' Court or VCAT or arising from an order of the County Court, the Magistrates' Court or VCAT; and

(ii)the amount of those costs has not been fixed by the court or by VCAT;

(e)has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in an arbitration, subject to the Commercial Arbitration Act 2011;

(ea)must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);

(f)must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004;

Note

See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria).

(g)must hear and determine any reviews under Division 5 of Part 4 of the Legal Practice Act 1996;

Note

See clause 3.1 of Part 3 of Schedule 2 to the Legal Profession Act 2004.

(h)has any other jurisdiction in relation to costs given to it—

(i)by or under this Act or any other Act; or

(ii)by the Rules; or

(iii)by the Rules of another court or of a tribunal.

(2)The Costs Court has such powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)The Costs Court must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act, the Rules and the proper consideration of the matters before the Court permit.

(4)Subject to this Act and the Rules, the Costs Court may regulate its own procedure.

17EChief Justice to allocate Associate Judges as Costs Judges

(1)The Chief Justice must allocate an Associate Judge to be a Costs Judge of the Costs Court.

(2)The Chief Justice may allocate more than one Associate Judge as a Costs Judge to the Costs Court if the operational requirements of the Costs Court so require.

17EAChief Justice may assign judicial registrars to Costs Court

The Chief Justice may assign one or more judicial registrars to the Costs Court if the operational requirements of the Costs Court so require.

17FCosts Judge may direct judicial registrars and costs registrars

Subject to this Act or any other Act, the Rules and any order of the Court, a Costs Judge—

(a)may direct that costs, or costs of a specific class or kind, be assessed, settled, taxed or reviewed by a judicial registrar or a costs registrar;

(b)may give general directions as to case management by judicial registrars or costs registrars.

17GPowers and functions of costs registrar

(1)Subject to the general direction and control of a Costs Judge, a costs registrar may—

(a)assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and

(b)exercise the powers of the Costs Court conferred on a costs registrar by or under this Act or any other Act or by the Rules.

(2)In the performance of his or her duties as a costs registrar and the exercise of the powers of the Costs Court under subsection (1), a costs registrar is not subject to direction or control under the Public Administration Act 2004 or of any person or body.

(3)Subject to sections 17H and 17J, a determination made by a costs registrar—

(a)has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and

(b)may be enforced accordingly.

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17GA Powers and functions of judicial registrar in Costs Court

(1)Subject to the Rules and the general direction and control of a Costs Judge, a judicial registrar may—

(a)assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and

(b)exercise the powers of the Costs Court conferred on a judicial registrar by or under this Act or any other Act or by the Rules.

(2)Subject to sections 17H and 17J, a determination made by a judicial registrar in the Costs Court—

(a)has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and

(b)may be enforced accordingly.

17HReview of costs registrar's determination by judicial registrar

(1)Subject to the Rules, a party who objects to a determination made by a costs registrar in accordance with this Division may apply to the Costs Court constituted by a judicial registrar for a review of that determination.

(2)An application for review under subsection (1) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(3)The Costs Court constituted by a judicial registrar or by a Costs Judge, on its own motion, may review a determination of a costs registrar made in accordance with this Division.

(4)A review under subsection (3) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(5)A review under this section is to be heard and determined in accordance with the Rules.

(6)Unless the Costs Court otherwise orders, a review of a costs registrar's determination under this section does not operate as—

(a)a stay of execution; or

(b)a stay of the proceedings under the determination of the costs registrar to which the review relates.

17HA Review of judicial registrar's determination by Costs Judge

(1)Subject to the Rules, a party who objects to a determination made by a judicial registrar in accordance with this Division (including a review under section 17H) may apply to the Costs Court constituted by a Costs Judge for a review of that determination.

(2)An application for review under subsection (1) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(3)The Costs Court constituted by a Costs Judge, on its own motion, may review a determination of a judicial registrar made in accordance with this Division.

(4)A review under subsection (3) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(5)A review under this section is to be heard and determined in accordance with the Rules.

(6)Unless the Costs Court otherwise orders, a review of a judicial registrar's determination under this section does not operate as—

(a)a stay of execution; or

(b)a stay of the proceedings under the determination of the judicial registrar to which the review relates.

17IAppeals

Unless otherwise expressly provided for by this Act or any other Act or the Rules, an appeal lies to the Trial Division constituted by a Judge of the Court from a determination of the Costs Court constituted by a Costs Judge.

17JCosts in proceedings in another court or VCAT

(1)An order of the Costs Court as to costs made in the exercise of its jurisdiction under section 17D(1)(b), (c) or (d)—

(a)is taken to be an order of that other court or VCAT; and

(b)may be enforced accordingly.

(2)In the exercise of its jurisdiction under section 17D(1)(b), (c) or (d), the Costs Court may assess, settle, tax or review costs in accordance with—

(a)the Rules; or

(b)the Rules, including any scales of costs, of the court in which the proceeding to which the costs relate originated or of VCAT, as the case requires.

17KTransfer of file

If the Costs Court is exercising its jurisdiction in relation to costs in a proceeding which originated in the County Court, the Magistrates' Court or VCAT, the court in which the proceeding originated or VCAT, as the case requires, must cause the record and all documents relating to the proceeding to which the costs relate to be sent to the Costs Court for the purposes of the hearing and determination of the assessment, settling, taxation or review of costs in that proceeding.

Division 3—Powers

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*                *                *                *                *

20Offence to publish certain information concerning proceedings

A person must not, in the course of a business of publishing information concerning debtors, publish or cause to be published in any newspaper, gazette, journal, periodical circular, newsletter, letter or like document information concerning the commencement of a proceeding for debt so as to identify the defendant before judgment is given in the proceeding.

Penalty:100 penalty units.

Note

The Open Courts Act 2013 governs suppression orders and closed court orders generally in relation to the Court.

20APower to act in cases relating to rates and taxes[10]

(1)A Judge, Associate Judge or officer of the Court is not incapable of acting in any proceeding by reason of being one of a class of ratepayers or one of any other class of persons liable in common with others to contribute to or be benefited by any rate or tax which may be affected by that proceeding.

(2)In this section rate or tax means any rate, tax, duty or assessment, whether public, general or local and includes—

(a)any fund formed from the proceeds of any such rate, tax, duty or assessment; and

(b)any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or assessment might be applied.

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22Execution of instruments by order of Court

(1)If a person fails or refuses to comply with a judgment directing that person to execute a document or indorse a negotiable instrument, the Court may, on such terms and conditions as it considers just, order that the document be executed or that the instrument be indorsed by a person nominated by the Court.

(2)A document or instrument executed and indorsed under subsection (1) operates and is for all purposes available as if it had been executed or indorsed by the person originally directed to do so.

23Attachment of earnings

(1)Subject to and in accordance with the Rules, the Court may make orders for the attachment of the salary, wages or pension of any person.

(2)Any person who dismisses an employee or injures an employee in the employee's employment or alters an employee's position to the prejudice of the employee by reason of the circumstance that an attachment order has been made in relation to the employee or that the employee is required to make payments under an attachment order may be dealt with as for contempt of court.

24Costs to be in the discretion of Court

(1)Unless otherwise expressly provided by this or any other Act or by the Rules, the costs of and incidental to all matters in the Court, including the administration of estates and trusts, is in the discretion of the Court and the Court has full power to determine by whom and to what extent the costs are to be paid.

(2)Nothing in this section alters the practice in any criminal proceeding.

24AMediation[11]

Where the Court refers a proceeding or any part of a proceeding to mediation, other than judicial resolution conference, unless all the parties who attend the mediation otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation.

24BCourt may issue or transmit court documents electronically

(1)Any order, judgment, process or other document that the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication.

(2)If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, judgment, process or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication.

Example

If an Act or other law requires or permits the Court to sign or seal a document, the Court could use an electronic signature or electronic seal and the requirement is met in the same way as if he document had been signed or sealed by hand.

(3)Nothing in this section—

(a)limits the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official from issuing or providing any order, judgment, process or other document in paper form; or

(b)affects or limits any practice, procedure or Rules of Court that provide for electronic processes in the Court; or

(c)affects or limits the power to make Rules of Court; or

(d)limits any other power of the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official.

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Division 3B—Immunities and protections

24DImmunity and protection of Judge of Court extends to administrative functions

Without limiting any other law, whether written or unwritten, the immunity and protection that a Judge of the Court has in the performance of his or her duties as Judge extends and applies to the performance or exercise of an administrative function or power conferred on the Judge or on the Court by or under any Act or any other law.

24EImmunity and protection of Associate Judges

Without limiting any other law, whether written or unwritten, an Associate Judge has in the performance of his or her duties as an Associate Judge, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.

24FImmunity and protection of specified court officers

(1)A specified court officer has, in the performance of his or her duties as that officer in good faith, the same immunity and protection as a Judge of the Court has in the performance of his or her duties as Judge.

(2)In subsection (1) specified court officer means the following persons employed in accordance with section 106—

(a)the prothonotary;

(b)the registrar of probates;

(c)a registrar;

(d)a costs registrar;

(e)a deputy registrar;

(f)a deputy prothonotary;

(g)an assistant registrar of probates;

(h)a deputy costs registrar.

24GProtection of assessors

An assessor called in for assistance in a proceeding under section 77 has, in the performance of his or her duties as an assessor in the proceeding, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.

Division 4—Court Rules

25Power to make Rules[12]

(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;

(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;

(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;

(ad)case management;

(ada)discovery and disclosure;

(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;

(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;

(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;

(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;

(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;

(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;

(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 from an associate judge of the County Court;

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

(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;

(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;

(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;

(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;

(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.

(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;

(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;

(dd)reviews by and appeals from the Costs Court;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(ec)applications to the Court under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958[14];

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(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, 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.

26Manner of making Rules

(1)If by this or any other Act it is provided, expressly or by implication, that the Court or the Judges of the Court may make Rules, the power may be exercised by a majority of the Judges (not including any reserve Judge, Associate Judge or reserve Associate Judge) present at a meeting held for that purpose.

(2)Without limiting subsection (1), the Judges of the Court may exercise the power to make Rules by means of a majority of Judges of the Court (not including any reserve Judge, Associate Judge or reserve Associate Judge) agreeing to the proposed Rules without being physically present at a meeting held for that purpose.

27Disallowance of Rules

The Rules are subject to disallowance by the Parliament.

27AProtection of special referees, mediators and arbitrators

(1)A special referee, mediator or arbitrator to whom a proceeding, part of a proceeding or question arising in a proceeding is referred under the Rules or under the Civil Procedure Act 2010 has, in the performance of his or her duties in connection with the reference, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.

(2)Subsection (1) applies despite anything to the contrary in the Commercial Arbitration Act 2011.

Division 5—Council of Judges

28Council of Judges

(1)A Council of the Judges of the Court must meet once at least in each year on a day or days fixed by the Chief Justice to—

(a)consider the operation of this Act and the Rules; and

(b)consider the working of the offices of the Court and the arrangements relating to the duties of the officers of the Court; and

(c)inquire into and examine any defects which appear to exist in the system of procedure or the administration of the law in the Court and in any other court from which an appeal lies to the Court.

(2)The Chief Justice must cause adequate notice of a meeting to be given to all the Judges.

(3)The Judges must report annually to the Governor on the operation of the Court.

(4)In this section, Judges does not include any reserve Judge, Associate Judge or reserve Associate Judge.

(5)A Judge of the Court who is a dual commission holder as Chief Judge is a member of the Council of Judges of the Court and is also a member of the Council ofJudges under section 87 of the County Court Act 1958.

(6)A Judge of the Court who is a dual commission holder as Chief Magistrate is a member of the Council of Judges of the Court and is also a member of the Council of magistrates under section 15 of the Magistrates' Court Act 1989.

Note

See Divisions 1 and 2 of Part 6 of the Judicial Commission of Victoria Act 2016 which specifies functions for the Council of Judges.

Division 5A—Powers of Chief Justice

28AAA Administrative responsibility of Chief Justice

(1)The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

(2)The Chief Justice has the power to do all things necessary or convenient to be done to perform the Chief Justice's responsibilities under subsection (1).

(3)Nothing in this section limits the responsibilities, functions or powers of the Chief Justice under this or any other Act.

Division 6—Professional development and training

28AProfessional development and training

(1)In this section—

judicial officer means—

(a)a Judge of the Court (other than a Judge of the Court who is a dual commission holder as Chief Judge or Chief Magistrate), including a reserve Judge; or

(b)an Associate Judge, including a reserve Associate Judge; or

(c)a judicial registrar.

(2)The Chief Justice is responsible for directing the professional development and continuing education and training of judicial officers.

(3)In discharging his or her responsibility under subsection (2) the Chief Justice may direct—

(a)all judicial officers; or

(b)a specified class of judicial officer; or

(c)a specified judicial officer—

to participate in a specified professional development or continuing education and training activity.

(4)A direction under subsection (3) may be given orally or in writing.

PART 3—CONCURRENT ADMINISTRATION OF LAW AND EQUITY

29Law and equity to be concurrently administered

(1)Subject to the provisions of this or any other Act, every court exercising jurisdiction in Victoria in any civil proceeding must continue to administer law and equity on the basis that, if there is a conflict or variance between the rules of equity and the rules of the common law concerning the same matter, the rules of equity prevail.

(2)Every court referred to in subsection (1) must give the same effect as before the commencement of this Act—

(a)to all equitable estates, titles, rights, reliefs, defences and counter-claims, and to all equitable duties and liabilities; and

(b)subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or created by any Act—

and, subject to the provisions of this or any other Act, must so exercise its jurisdiction in every proceeding before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of proceedings concerning any of those matters is avoided.

30Power to stay proceedings

Nothing in this Act affects the power of the Court to stay a proceeding in the Court, either of its own motion or on the application of any person, whether or not a party.

PART 4—INFERIOR COURTS

31Power of inferior courts with equity jurisdiction

Every inferior court which has jurisdiction in equity or at law and in equity—

(a)has as regards all causes of action within its jurisdiction, power to grant in any proceedings before that court such relief, redress or remedy or combination of remedies, either absolute or conditional, as the Court has power to grant in the like case; and

(b)subject to section 32, in any proceedings before it may give effect to every ground of defence or counter-claim, equitable or legal, in as full and ample a manner as the Court might give in the like case.

32Transfer of proceeding from inferior court

(1)If as to any claim brought in an inferior court the defendant raises—

(a)a defence; or

(b)a counter-claim—

which involves a matter exceeding the jurisdiction of that court, then, unless an order is made under the Courts (Case Transfer) Act 1991 transferring the proceeding to a court with jurisdiction, that court must determine all the issues raised in the proceeding that relate to the claim of the plaintiff and the defence to it and may grant relief on the counter-claim to the extent that it is within its jurisdiction to do so.

*                *                *                *                *

33Rules of law to apply to inferior courts

Unless otherwise expressly provided by this or any other Act, the rules of law enacted by Part 5 apply to all courts so far as the matters to which those rules relate are within the jurisdiction of those courts.

PART 4A—GROUP PROCEEDING

Division 1—Preliminary

33ADefinitions

In this Part—

Chapter I of the Rules means the Supreme Court (General Civil Procedure) Rules 2015;

defendant means a person against whom relief is sought in a group proceeding;

group member means a member of a group of persons on whose behalf a group proceeding has been commenced;

group proceeding means a proceeding commenced under this Part;

handicapped person means a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the proceeding;

person under disability means a minor or handicapped person;

plaintiff means a person who commences a group proceeding as a representative party or a person who is substituted under section 33T(1) or 33W(3);

sub-group member means a person included in a sub-group established under section 33Q;

sub-group representative party means a person appointed to be a sub-group representative party under section 33Q.

33BApplication

(1)This Part applies to a cause of action whether arising before or on or after 1 January 2000.

(2)This Part does not apply to—

(a)a proceeding under sections 34 and 35 of the Act; or

(b)a proceeding concerning—

(i)the administration of the estate of a deceased person; or

(ii)property subject to a trust; or

(c)a proceeding commenced under Order 18 of Chapter I of the Rules.

Division 2—Commencement of group proceeding

33CCommencement of proceeding

(1)Subject to this Part, if—

(a)seven or more persons have claims against the same person; and

(b)the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and

(c)the claims of all those persons give rise to a substantial common question of law or fact—

a proceeding may be commenced by one or more of those persons as representing some or all of them.

(2)A group proceeding may be commenced—

(a)whether or not the relief sought—

(i)is, or includes, equitable relief; or

(ii)consists of, or includes, damages; or

(iii)includes claims for damages that would require individual assessment; or

(iv)is the same for each person represented; and

(b)whether or not the proceeding—

(i)is concerned with separate contracts or transactions between the defendant and individual group members; or

(ii)involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.

33DStanding

(1)A person referred to in paragraph (a) of section 33C(1) who has a sufficient interest to commence a proceeding on the person's own behalf against another person has a sufficient interest to commence a group proceeding against that other person on behalf of other persons referred to in that paragraph.

(2)If a person has commenced a group proceeding, that person retains a sufficient interest—

(a)to continue the proceeding; and

(b)to bring an appeal from a judgment in the proceeding—

even though the person ceases to have a claim against the defendant.

33EConsent of group member

(1)Subject to subsection (2), the consent of a person to be a group member is not required.

(2)None of the following persons is a group member unless the person gives consent in writing to being so—

(a)the Commonwealth, a State or a Territory; or

(b)a Minister of the Commonwealth, a State or a Territory; or

(c)a body corporate established for a public purpose by a law of the Commonwealth, a State or a Territory, other than an incorporated company or association; or

(d)any judge, magistrate or other judicial officer of the Commonwealth, a State or a Territory; or

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date that the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act, the Charter of Human Rights and Responsibilities Act 2006 or the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008) or in any subordinate instrument.

149Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010

(1)The repeal of section 104(2)(b) by section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 does not affect any salary, other remuneration, allowances or pension entitlements of any person who was appointed to the office of Registrar of the Court of Appeal or appointed to the office of Registrar of Criminal Appeals before that repeal.

(2)Nothing in section 21 of the CourtsLegislation Miscellaneous Amendments Act 2010 affects the pension entitlements of any Master or Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of that section of that Act or the spouse or partner or eligible child of such a person and—

(a)subject to paragraph (b), those entitlements continue in existence as if section 104(2)(b) had not been repealed;

(b)a reference in section 104A to the annual salary for the time being applicable or payable in respect of an office held immediately before retirement or at the date of death, resignation or retirement is, in relation to a Master or an Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 or the spouse or partner or eligible child of such a person, a reference to the annual salary for the time being payable under section 83A(1) of the Constitution Act 1975 in respect of the office of Registrar of the Court of Appeal or the office of Registrar of Criminal Appeals, as the case requires, as referred to in the Judicial Salaries Act 2004.

150Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the CourtsLegislation Miscellaneous Amendments Act 2010 (including the repeals and amendments made by that Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date that the CourtsLegislation Miscellaneous Amendments Act 2010 receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or proceedings or a class of persons or class of proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in—

(a)any Act (other than this Act, the Charter of Human Rights and Responsibilities Act 2006 or the Courts Legislation Miscellaneous Amendments Act 2010); or

(b)any subordinate instrument.

*                *                *                *                *

152Savings—Open Courts Act 2013

(1)Despite the repeal of sections 18 and 19 by the Open Courts Act 2013, sections 18 and 19 (as in force immediately before their repeal) continue to apply on and after that repeal in relation to a proceeding commenced to be heard (but not determined) by the Court before that repeal.

(2)Despite the repeal of section 18 by the Open Courts Act 2013, an order made under section 18 (as in force immediately before its repeal) and in force at the date of that repeal continues to apply on and after that repeal.

153Transitional—Courts and Other Justice Legislation Amendment Act 2013

Section 17A(3C) does not apply in respect of an application under section 459G of the Corporations Act to set aside a statutory demand if the application was commenced before the commencement of section 9 of the Courts and Other Justice Legislation Amendment Act 2013.

154Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014

(1)The amendments made to this Act by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 apply in relation to any application or proceeding in the Court of Appeal, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) commenced on or after the commencement of that Part.

(2)The amendments made to this Act and to any other Act under which an application or a proceeding in the Court of Appeal may be commenced, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 do not apply in relation to that application or proceeding if—

(a)the application or proceeding commenced before the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014; and

(b)the Court of Appeal has begun to hear and determine that application or proceeding before the commencement of that Part.

(3)If an application or a proceeding in the Court of Appeal, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) has commenced before the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 but the Court of Appeal has not begun to hear and determine that application or proceeding before the commencement of that Part, the amendments made to this Act and any other Act under which that application or proceeding is commenced do not apply in relation to that application or proceeding, unless the Court of Appeal otherwise orders.

155Power to resolve transitional difficulties in proceeding

(1)If any difficulty arises because of the operation of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 in relation to an application or a proceeding, the Court may make any order it considers appropriate to resolve the difficulty.

(2)An order made under subsection (1)—

(a)may be made on application of a party to the application or proceeding or on the Court's own motion; and

(b)has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).

156Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

The amendment made to section 25 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any Rules of Court made under that section as in force immediately before that amendment.

156ATransitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020

On and after the repeal of section 129B, that section continues to apply, despite its repeal, in relation to any issue or proceeding that the Court—

(a)has determined to decide or determine under that section entirely on the basis of written submissions and without the appearance of the parties; and

(b)has not yet so decided or determined.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 23 October 1986

Legislative Council: 5 December 1986

The long title for the Bill for this Act was "A Bill to amend and consolidate the law relating to the Supreme Court, to repeal the Supreme Court Act 1958, to amend the Constitution Act 1975, to amend various Acts in relation to procedure in the Supreme Court, to vary the law applicable to civil litigation in Victoria and for other purposes.".

The Supreme Court Act 1986 was assented to on 16 December 1986 and came into operation on 1 January 1987: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.+-Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Supreme Court Act 1986 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	S. 151(4) inserted on 27.2.13 by No. 5/2013 s. 21: s. 2(1); s. 156(4) inserted on 10.11.14 by No. 62/2014 s. 8: Special Gazette (No. 364) 14.10.14 p. 1; s. 129D inserted on 25.4.20 by No. 11/2020 s. 43: s. 2 (as amended by No. 27/2020 s. 42); s. 129A(4) inserted on 29.3.22 by No. 1/2022 s. 28: Special Gazette (No. 157) 29.3.22 p. 1
Note:	S. 151(4) repealed s. 151 on 27.12.15; s. 156(4) repealed s. 156 on 10.11.16; s. 129D repealed Pt 7A (ss 129A–129D) on 26.4.21; s. 129A(4) repealed s. 129A on 29.3.24
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Community Services Act 1987, No. 16/1987

Assent Date:	12.5.87
Commencement Date:	Ss 4(3)(Sch. 1 item 21), 12 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 item 11 on 15.3.89: Government Gazette 15.3.89 p. 587
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	27.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
CurrentState:	All of Act in operation

Legal Profession Practice (Amendment) Act 1989, No. 35/1989

Assent Date:	6.6.89
Commencement Date:	S. 23 on 20.9.89: Government Gazette 20.9.89 p. 2404
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Courts (Amendment) Act 1990, No. 64/1990

Assent Date:	20.11.90
Commencement Date:	Ss 3, 4, 7, 8 on 1.1.91: Government Gazette 19.12.90 p. 3750; s. 14 on 18.11.91: Government Gazette 13.11.91 p. 3083
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Crimes (Sexual Offences) Act 1991, No. 8/1991

Assent Date:	16.4.91
Commencement Date:	S. 19(1) on 5.8.91: Government Gazette 24.7.91 p. 2026
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts (Case Transfer) Act 1991, No. 43/1991

Assent Date:	18.6.96
Commencement Date:	S. 2, Pt 9 (ss 39–41) on 1.8.91; rest of Act on 1.10.91: Government Gazette 17.7.91 p. 1930
CurrentState:	All of Act in operation

Health and Community Services (Further Amendment) Act 1993, No. 124/1993

Assent Date:	7.12.93
Commencement Date:	S. 4(4) on 18.12.94: Government Gazette 15.12.94 p. 3308
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Financial Management Act 1994, No. 18/1994

Assent Date:	10.5.94
Commencement Date:	Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
CurrentState:	All of Act in operation

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
CurrentState:	All of Act in operation

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 items 31.1, 31.2) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:	20.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
CurrentState:	All of Act in operation

Courts (General Amendment) Act 1995, No. 9/1995

Assent Date:	26.4.95
Commencement Date:	Ss 7(5), 11(1) on 27.4.95: Government Gazette 27.4.95 p. 973
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Judicial Remuneration Tribunal Act 1995, No. 22/1995

Assent Date:	16.5.95
Commencement Date:	S. 20 on 28.9.95: Government Gazette 28.9.95 p. 2731
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Consumer Credit (Victoria) Act 1995, No. 41/1995

Assent Date:	14.6.95
Commencement Date:	S. 62(Sch. 1 item 8) on 1.11.96: Government Gazette 29.8.96 p. 2274
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 80.1–80.10) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts and Tribunals (General Amendment) Act 1996, No. 64/1996

Assent Date:	17.12.96
Commencement Date:	Pt 10 (ss 41–43), s. 48 on 17.12.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997

Assent Date:	22.4.97
Commencement Date:	S. 5 on 22.12.97: Government Gazette 18.12.97 p. 3612
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997

Assent Date:	2.12.97
Commencement Date:	S. 53 on 1.8.98: s. 2(8)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Legal Practice (Amendment) Act 1997, No. 102/1997

Assent Date:	16.12.97
Commencement Date:	S. 49(Sch item 5) on 16.12.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

State Trustees (Amendment) Act 1998, No. 15/1998

Assent Date:	28.4.98
Commencement Date:	S. 11 on 1.8.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 88) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Magistrates' Court (Amendment) Act 1999, No. 10/1999

Assent Date:	11.5.99
Commencement Date:	Ss 25, 26 on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Public Prosecutions (Amendment) Act 1999, No. 62/1999

Assent Date:	21.12.99
Commencement Date:	22.12.99: s. 2
CurrentState:	All of Act in operation

Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000

Assent Date:	5.9.00
Commencement Date:	Ss 10, 11 on 6.9.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 122) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts and Tribunals Legislation (Miscellaneous Amendment) Act 2000, No. 78/2000

Assent Date:	28.11.00
Commencement Date:	S. 13 on 1.1.00: s. 2(2); ss 14–16 on 28.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 71) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Constitution (Supreme Court) Act 2001, No. 12/2001

Assent Date:	22.5.01
Commencement Date:	S. 6 on 1.1.00: s. 2(2); s. 5 on 23.5.01: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001

Assent Date:	29.5.01
Commencement Date:	Ss 19–21 on 30.5.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 107) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 59) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Supreme Court (Vexatious Litigants) Act 2003, No. 71/2003

Assent Date:	14.10.03
Commencement Date:	15.10.03: s. 2
CurrentState:	All of Act in operation

Courts Legislation (Funds in Court) Act 2004, No. 30/2004

Assent Date:	1.6.04
Commencement Date:	Ss 3, 4, 12 on 1.7.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004

Assent Date:	1.6.04
Commencement Date:	S. 12 on 2.6.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 194) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005

Assent Date:	24.5.05
Commencement Date:	S. 6 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation (Amendment) Act 2005, No. 17/2005

Assent Date:	24.5.05
Commencement Date:	Ss 7, 8 on 1.9.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 103) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 34) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007

Assent Date:	26.6.07
Commencement Date:	Ss 3, 10(2)–(4) on 27.6.07: s. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Criminal Procedure Legislation Amendment Act 2008, No. 8/2008

Assent Date:	18.3.08
Commencement Date:	S. 9 on 1.7.08: s. 2(5); s. 12(2) on 1.7.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Infringements and Other Acts Amendment Act 2008, No. 9/2008

Assent Date:	18.3.08
Commencement Date:	S. 44 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008

Assent Date:	3.6.08
Commencement Date:	Ss 16–18 on 4.6.08: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Supreme Court Act 1986

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
(as amended by No. 78/2008)

Assent Date:	3.6.08
Commencement Date:	Ss 13–42, 73, 89 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
CurrentState:	This information relates only to the provisions amending the Supreme Court Act 1986

Courts Legislation Amendment (Costs Court and Other Matters) Act 2008,
No. 78/2008

Assent Date:	11.12.08
Commencement Date:	Ss 3–9 on 31.12.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 25) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Sheriff Act 2009, No. 9/2009

Assent Date:	24.3.09
Commencement Date:	Ss 57–71 on 1.10.09: Government Gazette 1.10.09 p. 2539
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009

Assent Date:	8.9.09
Commencement Date:	Ss 3–6 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 116) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 48) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Credit (Commonwealth Powers) Act 2010, No. 11/2010

Assent Date:	30.3.10
Commencement Date:	S. 58 on 1.7.10: Government Gazette 24.6.10 p. 1273
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date:	8.6.10
Commencement Date:	S. 94 on 26.6.10: Government Gazette 24.6.10 p. 1274
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010

Assent Date:	15.6.10
Commencement Date:	S. 51 on 16.6.10: s. 2(3); ss 9–25 on 1.1.11: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Superannuation Legislation Amendment Act 2010, No. 40/2010

Assent Date:	30.6.10
Commencement Date:	Ss 105, 106 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Civil Procedure Act 2010, No. 47/2010

Assent Date:	24.8.10
Commencement Date:	Ss 80–82 on 1.1.11: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	Ss 65, 66 on 1.11.10: Government Gazette 21.10.10 p. 2530
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:	18.10.11
Commencement Date:	S. 46(Sch. item 14) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012

Assent Date:	29.5.12
Commencement Date:	S. 72 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012

Assent Date:	20.11.12
Commencement Date:	Ss 6, 7 on 21.11.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Criminal Organisations Control Act 2012, No. 80/2012

Assent Date:	18.12.12
Commencement Date:	S. 139 on 13.3.13: Special Gazette (No. 86) 13.3.13 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	Ss 15–21 on 27.2.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Open Courts Act 2013, No. 58/2013

Assent Date:	22.10.13
Commencement Date:	Ss 54–57 on 1.12.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	Ss 16–25, 62–64 on 1.2.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013

Assent Date:	19.11.13
Commencement Date:	Ss 9, 10 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	S. 75 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 8/2015)

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 93) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:	8.4.14
Commencement Date:	S. 9 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 162) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date:	17.6.14
Commencement Date:	Ss 102, 103 on 31.10.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	S. 108 on 10.9.14: s. 2(1); ss 3–8, 80–84 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	Ss 59, 60 on 12.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Further Amendment Act 2016 No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 22, 45–47 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 207–211 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 94 on 30.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Legal Identity of Defendants (Organisational Child Abuse) Act 2018, No. 18/2018

Assent Date:	5.6.18
Commencement Date:	S. 16 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 367 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 63–65 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 52)  on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019

Assent Date:	19.11.19
Commencement Date:	S. 38 on 4.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	Ss 43, 44 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020

Assent Date:	30.6.20
Commencement Date:	Ss 3−5 on 1.7.20: s. 2
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 42 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 51, 52 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:	10.8.21
Commencement Date:	S. 10 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 25–28 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 36) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

Criminal Organisations Control Amendment Act 2024, No. 37/2024

Assent Date:	22.10.24
Commencement Date:	S. 115 on 25.8.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Supreme Court Act 1986

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 3(1) def. of Chief Justice: Sections 29, 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:

29Proceedings before Full Court

(1)The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

(2)If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

30References to Full Court

A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal.

[2] S. 3(1) def. of Court of Appeal: See note 1.

[3] S. 3(1) def. of Full Court (repealed): See note 1.

[4] S. 3(1) def. of Judge of Appeal: See note 1.

[5] S. 3(1) def. of President: See note 1.

[6] S. 3(1) def. of Trial Division: See note 1.

[7] Ss 8, 9 (repealed): See note 1.

[8] Pt 2 Div. 2: See note 1.

[9] Pt 2 Div. 2A: See note 1.

[10] S. 20A: See note 1.

[11] S. 24A: Section 48 of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

48Supreme Court Act 1986—transitional provision

(1)The amendment made by section 43 to the Supreme Court Act 1986 applies only to proceedings commenced after the commencement of that section.

[12] S. 25: See note 1.

[13] S. 25(1)(eb): Section 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows:

12Transitional provisions

(1)An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.

(2)For the purposes of subsection (1) in its application to criminal proceedings—

(a)a trial is commenced to be heard on arraignment of the accused person; and

(b)a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person.

[14] S. 25(1)(ec): See note 13.