Untitled document
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Costs Court
3Definitions
4Jurisdiction and powers
5New Division 2B of Part 2 inserted
Division 2B—Costs Court
17CCosts Court established
17DPowers and functions of Costs Court
17EChief Justice to allocate Associate Judges as Costs Judges
17FCosts Judge may direct costs registrars
17GPowers and functions of costs registrar
17HReview of costs registrar's determination
17IAppeals
17JCosts in proceedings in another court or VCAT
17KTransfer of file
6Power to make Rules
7References to Taxing Master amended
8Power to employ officers
9New sections 145 to 148 inserted
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
Part 3—Amendment of Other Acts
Division 1—Amendment of the Legal Profession Act 2004
10References to Taxing Master
11Legal Costs Committee
12New section 3.4.25A inserted into Legal Profession Act 2004
3.4.25AFunctions of the Legal Costs Committee
13References to Taxing Master
14Section 3.4.47 substituted
3.4.47Appeal
Division 2—Amendment of the County Court Act 1958
15Costs
Division 3—Amendment of the Magistrates' Court Act 1989
16Cost to be in the discretion of the Court
17New section 131A inserted
131ACosts may be determined by Costs Court
Division 4—Amendment of the Victorian Civil and Administrative Tribunal Act 1998
18Power to award costs
19Section 111 substituted
111Amount of costs
20Immunity of participants
Division 5—Courts Legislation Amendment (Associate Judges)
Act 2008
21Courts Legislation Amendment (Associate Judges) Act 2008—Acting appointments—vacancies
22New section 142A inserted
142ARegulations dealing with transitional matters—
Courts Legislation Amendment (Associate Judges) Act 2008
23Courts Legislation Amendment (Associate Judges) Act 2008—transitional matters
Division 6—Consequential Amendments to Other Acts
24New definitions inserted—Interpretation of Legislation
Act 198425Crimes Act 1958
26Instruments Act 1958
27Land Acquisition and Compensation Act 1986
Part 4—Repeal of Amending Act
28Repeal of Act
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Endnotes
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
[Assented to 11 December 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to establish and provide for the operation of the Costs Court.
2Commencement
(1)This Part and Division 5 of Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 31 December 2009, it comes into operation on that day.
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Part 2—Costs Court
3Definitions
In section 3(1) of the Supreme Court Act 1986 insert the following definitions—
"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;".
4Jurisdiction and powers
Before section 10(1)(b) of the Supreme Court Act 1986 insert—
"(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;".
5New Division 2B of Part 2 inserted
After Division 2A of Part 2 of the Supreme Court Act 1986 insert—
"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 1984;
(f)must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004;
(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.
17FCosts Judge may direct 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 costs registrar;
(b)may give general directions as to case management by 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.
(4)In performing functions and exercising powers under this Division, a costs registrar has the same protection and immunity as a Costs Judge has in respect of the assessing, settling, taxing or review of costs.
17HReview of costs registrar's determination
(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 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 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.
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 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.".
6Power to make Rules
After section 25(1)(d) of the Supreme Court Act 1986 insert—
"(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, including, but not limited to, the exercise by costs 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;
(dd)reviews by and appeals from the Costs Court, whether constituted by a Costs Judge or by a costs registrar;".
7References to Taxing Master amended
(1)In section 101(1) of the Supreme Court Act 1986, for "Taxing Master" (where twice occurring) substitute "Costs Court".
(2)Section 104(2)(b)(iii) of the Supreme Court Act 1986 is repealed.
(3)In the heading to section 112 of the Supreme Court Act 1986 omit "and Taxing Master".
(4)Section 112(2) of the Supreme Court Act 1986 and the note at the foot of that subsection are repealed.
8Power to employ officers
After section 106(ab) of the Supreme Court Act 1986 insert—
"(ac)such costs registrars, deputy costs registrars and other officers as are necessary for the effective operation of the Costs Court; and".
9New sections 145 to 148 inserted
At the end of Part 8 of the Supreme Court Act 1986 insert—
"145 Pending matters—Taxing Master
(1)If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, any matter in relation to the assessment, settling, taxing or reviewing of costs was pending before the Taxing Master and the Taxing Master had not begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act as amended by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008.
(2)If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, any matter in relation to the assessment, settling, taxing or review of costs was pending before the Taxing Master and the Taxing Master had begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act and for that purpose—
(a)the matter is to be taken to have commenced in the Costs Court;
(b)anything done in relation to the matter by the Taxing Master before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, is taken to have been done by the Costs Court;
(c)the Costs Court may have regard to any record of the matter before the Taxing Master, including any record of any evidence taken in the matter;
(d)the procedure applying in the Costs Court applies to the matter on and after the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008;
(e)anything done or omitted to be done in relation to the matter by a party or any other person before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, under or in accordance with the procedure that applied before that commencement is to be taken, so far as is possible, to have been done or omitted to be done under or in accordance with the procedure applying on and after that commencement;
(f)any order made by the Costs Court may only be reviewed or appealed against in accordance with this Act as amended by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008.
(3)This section applies irrespective of when the order for costs was made or the entitlement to costs arose in the proceeding to which the assessment, settling, taxing or reviewing of costs relates.
146Pending matters—other courts and VCAT
(1)If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, any matter in relation to the assessment, settling, taxing or reviewing of costs was pending before the County Court, the Magistrates' Court or VCAT and the court or VCAT (as the case requires) had not begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the Costs Court in accordance with this Act as amended by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008.
(2)Subsection (1) applies irrespective of when the order for costs was made or the entitlement to costs arose in the proceeding in the County Court, the Magistrates' Court or VCAT, as the case requires, to which the assessment, settling, taxing or reviewing of costs relates.
(3)If, immediately before the commencement of section 5 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, any matter in relation to the assessment, settling, taxing or review of costs in the County Court, the Magistrates' Court or VCAT (as the case requires) was in existence and the court or VCAT had begun to hear that matter, on and from that commencement, the matter is to be heard and determined by the County Court, the Magistrates' Court or VCAT (as the case requires) as if the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 had not been enacted.
147Power to resolve transitional difficulties in proceedings
(1)If any difficulty arises because of the operation of section 145 or 146(1) and (2) in relation to a matter to which either of those sections apply, the Costs Court constituted by a Costs Judge may make an 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 proceeding or on the motion of the Costs Court, as the case requires; and
(b)has effect despite any provision to the contrary made by or under any Act.
148Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
(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 Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 (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 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.".
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Part 3—Amendment of Other Acts
Division 1—Amendment of the Legal Profession Act 2004
10References to Taxing Master
(1)In section 3.1.1(2) of the Legal Profession Act 2004, for "Taxing Master of the Supreme Court" substitute "Costs Court".
(2)In section 3.4.2 of the Legal Profession Act 2004, the definition of Taxing Master is repealed.
(3)In section 3.4.17(4) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
11Legal Costs Committee
After section 3.4.25(1)(a) of the Legal Profession Act 2004 insert—
"(ab)the Chief Judge or another judge of the County Court nominated by the Chief Judge;
(ac)the Chief Magistrate or another magistrate nominated by the Chief Magistrate;
(ad)the President of the Tribunal or another member of the Tribunal nominated by the President;".
12New section 3.4.25A inserted into Legal Profession Act 2004
After section 3.4.25 of the Legal Profession Act 2004 insert—
"3.4.25A Functions of the Legal Costs Committee
(1)The Legal Costs Committee has the functions conferred on it by this Act or any other Act.
(2)The Legal Costs Committee may advise the Judges of the Supreme Court, the judges of the County Court, the Chief Magistrate and the President of the Tribunal on any desirable adjustments in scales of costs in relation to litigious matters.
(3)The Legal Costs Committee may inquire into and report to the Judges of the Supreme Court, the judges of the County Court, the Chief Magistrate and the President of the Tribunal on the following—
(a)alternative structures to the existing scales of costs;
(b)inconsistencies in scales of costs as between jurisdictions;
(c)any other matter which the Committee believes could make the conduct of litigation less expensive.".
13References to Taxing Master
(1)In the heading to Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(2)In section 3.4.38(1) and (2) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(3)In section 3.4.38(6) of the Legal Profession Act 2004—
(a)for "Taxing Master" (where first occurring) substitute "Costs Court";
(b)for "Court, on application by the Taxing Master" substitute "Court constituted by a Judge of the Court within the meaning of the Supreme Court Act 1986, on referral by a Costs Judge ".
(4)In section 3.4.39(1) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(5)In section 3.4.40(1) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(6)In section 3.4.41(2)(c) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(7)In section 3.4.42 of the Legal Profession Act 2004, for "Taxing Master" (where twice occurring) substitute "Costs Court".
(8)In section 3.4.43(1) of the Legal Profession Act 2004, for "Taxing Master" substitute "Costs Court".
(9)In sections 3.4.44 and 3.4.44A of the Legal Profession Act 2004, for "Taxing Master" (wherever occurring) substitute "Costs Court".
(10)In section 3.4.44B of the Legal Profession Act 2004, for "Taxing Master" substitute "Victorian Costs Court".
(11)In section 3.4.45(1), (2) and (2A) of the Legal Profession Act 2004, for "Taxing Master" (wherever occurring) substitute "Costs Court".
(12)For section 3.4.45(3) of the Legal Profession Act 2004 substitute—
"(3)A Costs Judge of the Costs Court may refer to the Supreme Court constituted by a Judge of the Court within the meaning of the Supreme Court Act 1986 any special circumstances relating to a costs review and the Supreme Court constituted by a Judge of the Court may make any order the Court thinks fit concerning the costs of the costs review.".
(13)In section 3.4.46 of the Legal Profession Act 2004, for "Taxing Master" (wherever occurring) substitute "Costs Court".
14Section 3.4.47 substituted
For section 3.4.47 of the Legal Profession Act 2004 substitute—
"3.4.47 Appeal
A person may appeal from a decision of the Costs Court in accordance with the Supreme Court Act 1986 and the Rules of the Supreme Court.".
Division 2—Amendment of the County Court Act 1958
15Costs
(1)At the foot of section 78A(1) of the County Court Act 1958 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act 1986.".
(2)After section 78A(2) of the County Court Act 1958 insert—
"(3)The Court may order that the costs of, and incidental to, a proceeding in the Court be assessed, settled, taxed or reviewed by the Costs Court.
Note
See section 146 of the Supreme Court Act 1986 which deals with transitional matters relating to the Costs Court.".
Division 3—Amendment of the Magistrates' Court Act 1989
16Cost to be in the discretion of the Court
At the foot of section 131 of the Magistrates' Court Act 1989 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act 1986.".
17New section 131A inserted
After section 131 of the Magistrates' Court Act 1989 insert—
"131A Costs may be determined by Costs Court
Despite section 131(1), the Court may order that the costs of, and incidental to, a proceeding in the Court be assessed, settled, taxed or reviewed by the Costs Court.
Note
See section 146 of the Supreme Court Act 1986 which deals with transitional matters relating to the Costs Court.".
Division 4—Amendment of the Victorian Civil and Administrative Tribunal Act 1998
18Power to award costs
At the foot of section 109 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act 1986.".
19Section 111 substituted
For section 111 of the Victorian Civil and Administrative Tribunal Act 1998 substitute—
"111 Amount of costs
If the Tribunal makes an order for costs, the Tribunal—
(a)may fix the amount of costs itself; or
(b)may order that costs be assessed, settled, taxed or reviewed by the Costs Court.
Note
See section 146 of the Supreme Court Act 1986 which deals with transitional matters relating to the Costs Court.".
20Immunity of participants
Section 143(8)(a) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed.
Division 5—Courts Legislation Amendment (Associate Judges) Act 2008
21Courts Legislation Amendment (Associate Judges) Act 2008—Acting appointments—vacancies
In section 36 of the Courts Legislation Amendment (Associate Judges) Act 2008, after proposed section 105(3) of the Supreme Court Act 1986 insert—
"(4)If an office of Associate Judge becomes vacant, the Governor in Council may appoint another Associate Judge to act in that office.
(5)An appointment under subsection (4) is for the term (not exceeding 6 months) specified in the instrument of appointment.
(6)A person appointed under subsection (4) has, during the term of the appointment, all the powers, and may during that term perform all the duties, of the office to which that person is appointed.".
22New section 142A inserted
In section 73 of the Courts Legislation Amendment (Associate Judges) Act 2008 after proposed section 142 of the Supreme Court Act 1986 insert—
"142A Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008
(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 Courts Legislation Amendment (Associate Judges) Act 2008 (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 Courts Legislation Amendment (Associate Judges) Act 2008 received 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 (Associate Judges) Act 2008) or in any subordinate instrument.".
23Courts Legislation Amendment (Associate Judges) Act 2008—transitional matters
(1)In section 73 of the Courts Legislation Amendment (Associate Judges) Act 2008 after proposed section 143(2) of the Supreme Court Act 1986 insert—
"(3)Despite subsection (1), if the holder of an office referred to in subsection (1)(a) to (d) is, on the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, acting in an office referred to in any of those paragraphs, the person continues, on and from that commencement, to hold that office on an acting basis until the expiry of the acting appointment.".
(2)In section 73 of the Courts Legislation Amendment (Associate Judges) Act 2008 in proposed section 144(b) of the Supreme Court Act 1986, after "office of that Master" insert "or, in the case of a former Master who held office as a Specialist Supreme Court Master referred to in the Judicial Salaries Act 2004, the annual salary for the time being applicable to the office of Specialist Supreme Court Master under that Act, as the case requires".
(3)In section 82(3) of the Courts Legislation Amendment (Associate Judges) Act 2008 in proposed section 6(3A)(c) of the Judicial Salaries Act 2004—
(a)after "other than" insert "the";
(b)for "Specialist Master of the Supreme Court" substitute "Specialist Supreme Court Master".
(4)In section 82(3) of the Courts Legislation Amendment (Associate Judges) Act 2008 after proposed section 6(3A) of the Judicial Salaries Act 2004 insert—
"(3AB)Despite the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, for the purposes of sections 104A and 144 of the Supreme Court Act 1986, a Specialist Supreme Court Master continues to be entitled, on and from that commencement, to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the annual salary of a Specialist Supreme Court Master bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.".
Division 6—Consequential Amendments to Other Acts
24New definitions inserted—Interpretation of Legislation Act 1984
In section 38 of the Interpretation of Legislation Act 1984 insert the following definitions—
"Costs Court has the same meaning as it has in the Supreme Court Act 1986;
Costs Judge has the same meaning as it has in the Supreme Court Act 1986;".
25Crimes Act 1958
(1)In section 2A(1) of the Crimes Act 1958, the definition of Taxing Master is repealed.
(2)In section 450A(3) of the Crimes Act 1958, for "Taxing Master" substitute "Costs Court".
(3)In section 453 of the Crimes Act 1958, for "Taxing Master of the Court" substitute "Costs Court".
(4)In section 578(2) of the Crimes Act 1958, for "taxing master of the Supreme Court" substitute "Costs Court".
26Instruments Act 1958
In the Second Schedule to the Instruments Act 1958 for "costs assessed by the Court" substitute "costs assessed by the Costs Court".
27Land Acquisition and Compensation Act 1986
(1)In section 3(1) of the Land Acquisition and Compensation Act 1986, the definition of Taxing Master is repealed.
(2)In section 64 of the Land Acquisition and Compensation Act 1986—
(a)in subsection (1), for "Taxing Master or other proper officer of the Court" substitute "Costs Court";
(b)in subsection (2), for "Taxing Master or other proper officer" substitute "Costs Court".
(3)In section 64(5) of the Land Acquisition and Compensation Act 1986—
(a)for "Taxing Master or other proper officer" substitute "Costs Court";
(b)for "Taxing Master or other officer" substitute "Costs Court".
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Part 4—Repeal of Amending Act
28Repeal of Act
This Act is repealed on 31 December 2010.
Note
The repeal this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 20 August 2008
Legislative Council: 12 September 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989, the Victorian Civil and Administrative Tribunal Act 1998 and the Legal Profession Act 2004 to establish the Costs Court and provide for its operation, to consequentially amend other legislation, to make other amendments to the Supreme Court Act 1986 and the Courts Legislation Amendment (Associate Judges) Act 2008 and for other purposes."
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