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Courts Legislation Amendment (Associate Judges) Act 2008

No. 24 of 2008

table of provisions

Section Page

Part 1—Preliminary

1Purpose
2Commencement

Part 2—Associate Judges of the Supreme Court

Division 1—Amendment of the Constitution Act 1975

3Definitions
4Supreme Court of the State of Victoria
5Divisions of the Court
6Qualification and appointment of Judges
7References to Payroll Tax Act updated
8As to pensions of Judges of the Supreme Court and their
spouses and children
9Salaries
10Power to Judges to award habeas corpus
11Court not to be required to exercise jurisdiction where jurisdiction conferred on other bodies
12Definitions—Part IIIAA

Division 2—Amendment of the Supreme Court Act 1986

13Definitions
14Robing of Judges
15New section 9B inserted
9BTitles of Associate Judges

16Jurisdiction and powers
17Way in which Court of Appeal may be constituted
18Business to be disposed of by Trial Division constituted by a Judge
19Restriction on appeals and references of matters to Court of Appeal
20Power to act in cases relating to rates and taxes
21Vexatious litigants
22Power to make Rules
23Manner of making Rules
24Council of Judges
25Professional development and training
26Minors to become wards only by order and proceeding to test legality of by-laws
27Part 7 heading substituted
28Section 104 substituted
104Appointment of Associate Judges

29Pension entitlements
30Election to commute pension
31Actuary's calculations after election to commute
32Election to commute for payment of surcharge and actuary's calculations
33Payment and commutation of pension
34Election by spouse and children to commute pensions for payment of surcharge and actuary's calculations
35Payment and commutation of pensions of spouse and children
36Section 105 substituted and new section 105A inserted
105Acting Associate Judges
105AActing Senior Master

37Power to employ officers
38Functions of Associate Judges
39New section 109A inserted
109AChief Justice responsible for business of Associate Judges

40Section 110 substituted
110Functions of the Senior Master

41Sections 111 and 111A substituted
111Functions of Associate Judges
111AFunctions of Registrar of the Court of Appeal

42Section 112 substituted
112Functions of the Registrar of Criminal Appeals and Taxing Master

Part 3—Associate Judges of the County Court

43Definitions
44New section 3BA inserted
3BAAssociate judge may exercise jurisdiction of court

45Establishment of the County Court
46Judge to hold court where directed and appoint days of sitting
47Protection of judges and associate judges
48Salaries
49Provision for pensions
50Section 15 substituted
15Power to exercise functions of judge or associate
judge by another

51Professional development and training
52Division heading amended
53Section 17A substituted
17AAssociate judges

54New section 17ABA inserted
17ABAFunctions of associate judges

55Salaries and allowances
56Amendments relating to pension entitlements
57Election to commute future pensions for payment of superannuation contributions surcharge
58Actuary's calculations
59Election to commute
60Actuary's calculations after election to commute
61Payment and commutation of pensions
62Election of spouses and eligible children to commute pensions for payment of surcharge
63Actuary's calculation of reduction of pensions of spouses and eligible children
64Payment and commutation of pensions
65Power to registrar to administer oaths
66Arbitration by judge
67Court may award costs where action or matter is struck out for want of jurisdiction
68Jury may be had on re-hearing of County Court proceeding in Supreme Court
69Appeal to the Court of Appeal
70New section 75 inserted
75Appeal from court constituted by associate judge to
Trial Division of the Supreme Court

71Power to make rules of practice and Council of Judges

Part 4—Transitional Provisions

72Section 92 inserted—County Court Act 1958
92Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008

73Sections 142 to 144 inserted—Supreme Court Act 1986
142References
143Masters to become Associate Judges
144Pension entitlements

Part 5—Consequential Amendments to Other
Acts

74Accident Compensation Act 1985
75Administration and Probate Act 1958
76Courts (Case Transfer) Act 1991
77Crimes Act 1958
78Evidence Act 1958
79Instruments Act 1958
80Judicial College of Victoria Act 2001
81Judicial Remuneration Tribunal Act 1995
82Judicial Salaries Act 2004
83Land Acquisition and Compensation Act 1986
84Legal Profession Act 2004
85Property Law Act 1958
86Prostitution Control Act 1994
87Public Administration Act 2004
88Trustee Act 1958

Part 6—General

89Statute law revision—Supreme Court Act 1986
90Statute law revision—County Court Act 1958
91Repeal of Act

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Endnotes

Courts Legislation Amendment (Associate Judges) Act 2008

No. 24 of 2008

[Assented to 3 June 2008]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose
The main purpose of this Act is to replace the office of Master of the Supreme Court and master of the County Court with the office of Associate Judge.

2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 31 December 2009, it comes into operation on that day.

__________________

Part 2—Associate Judges of the Supreme Court

Division 1—Amendment of the Constitution Act 1975

3Definitions
In section 5 of the Constitution Act 1975—
(a)insert the following definitions—
"Associate Judge means an Associate Judge of the Court referred to in section 75(4);
Judge of the Court means a Judge of the Court referred to in section 75(3);";
(b)the definition of Master is repealed.

4Supreme Court of the State of Victoria
(1)In section 75(2) of the Constitution Act 1975 for "Masters" substitute "Associate Judges".
(2)For section 75(4) of the Constitution Act 1975 substitute—
"(4)The Associate Judges of the Court are the Associate Judges appointed from time to time under section 104 of the Supreme Court Act 1986, including an Associate Judge who is the Senior Master.".

5Divisions of the Court
In section 75A of the Constitution Act 1975—
(a)in subsection (2A) for "a Master" substitute "an Associate Judge";
(b)in subsection (4) for "a Master" substitute "an Associate Judge".

6Qualification and appointment of Judges
In section 75B of the Constitution Act 1975—
(a)in subsection (1), after "a Judge" insert

"of the Court";
(b)in subsection (2), after "Judges" insert

"of the Court".

7References to Payroll Tax Act updated
In the Constitution Act 1975—
(a)in section 80D(14)(c), for "pay-roll tax payable under the Pay-roll Tax Act 1971" substitute "payroll tax payable under the Payroll Tax Act 2007";
(b)in section 82(7)(c), for "pay-roll tax payable under the Pay-roll Tax Act 1971" substitute "payroll tax payable under the Payroll Tax Act 2007".

8As to pensions of Judges of the Supreme Court and their spouses and children
In section 83(6) of the Constitution Act 1975—
(a)in paragraph (aa), for "Master" (where twice occurring) substitute "Associate Judge";
(b)in paragraph (ac)—
(i)in subparagraph (i), after "Master" insert "or Associate Judge";
(ii)in subparagraph (ii), after "master of the County Court or" insert

"an associate judge of the County Court or a master or associate judge (however described)".

9Salaries
(1)Insert the following heading to section 83A of the Constitution Act 1975—
"Salaries of Associate Judges".
(2)In section 83A of the Constitution Act 1975—
(a)in subsections (1) and (2), for "master" substitute "Associate Judge";
(b)in subsection (3), for "masters" substitute "Associate Judges";
(c)in subsection (4)—
(i)for "masters" (wherever occurring) substitute "Associate Judges";
(ii)in paragraph (c), for "pay-roll tax payable under the Pay-roll Tax Act 1971" substitute "payroll tax payable under the Payroll Tax Act 2007".

10Power to Judges to award habeas corpus
In section 86 of the Constitution Act 1975, after "a Judge" insert "of the Court".
11Court not to be required to exercise jurisdiction where jurisdiction conferred on other bodies
In section 87(2) of the Constitution Act 1975—
(a)for "a Master" substitute "an Associate Judge";
(b)for "or Master" (where twice occurring) substitute "or Associate Judge".

12Definitions—Part IIIAA
In section 87AAA of the Constitution Act 1975, in the definition of judicial office—
(a)in paragraph (b), for "Master" substitute "Associate Judge";
(b)in paragraph (d), for "master" substitute "associate judge".

Division 2—Amendment of the Supreme Court Act 1986

13Definitions
In section 3(1) of the Supreme Court Act 1986—
(a)insert the following definitions—
"Associate Judge means an Associate Judge appointed under section 104 and referred to in section 75(4) of the Constitution Act 1975;
Judge of the Court means a Judge of the Court referred to in section 75(3) of the Constitution Act 1975;";
(b)in the definition of court official, in paragraph (c) after "Judge" insert

"or Associate Judge";
(c)the definition of Master is repealed.

14Robing of Judges
In section 9A of the Supreme Court Act 1986, after "of Judges" insert "of the Court".
15New section 9B inserted
After section 9A of the Supreme Court Act 1986 insert—
"9B Titles 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.".

16Jurisdiction and powers
(1)In section 10(1)(a) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court".
(2)After section 10(1)(a) of the Supreme Court Act 1986 insert—
"(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;".

(3)In section 10(1)(c) of the Supreme Court Act 1986 after "Judge" insert "of that Court".
17Way in which Court of Appeal may be constituted
In section 11(4), (5) and (7) of the Supreme Court Act 1986 for "a Master" substitute

"an Associate Judge".
18Business to be disposed of by Trial Division constituted by a Judge
(1)Insert the following heading to section 17 of the Supreme Court Act 1986—
"Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge".
(2)In section 17(1) of the Supreme Court Act 1986, after "a Judge" insert "of the Court".
(3)After section 17(1) of the Supreme Court Act 1986 insert—
"(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.".

(4)In section 17(2) of the Supreme Court Act 1986, after "a Judge" insert "of the Court".
(5)After section 17(2) of the Supreme Court Act 1986 insert—
"(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.".

19Restriction on appeals and references of matters to Court of Appeal
(1)In section 17A of the Supreme Court Act 1986—
(a)in subsection (1)—
(i)after "a Judge" insert "of the Court";
(ii)after "the Judge" insert "of the Court";

(b)in subsection (2), after "a Judge" (wherever occurring) insert "of the Court";
(c)in subsection (3), after "a Judge" insert

"of the Court or constituted by an Associate Judge";
(d)in subsection (3A)—
(i)after "a Judge" insert "of the Court or constituted by an Associate Judge";
(ii)after "the Judge" insert "of the Court or Associate Judge";

(e)in subsection (4)(b)—
(i)after "the Judge" insert "of the Court or Associate Judge";
(ii)after "a Judge" insert "of the Court or an Associate Judge, as the case requires";
(iii)in subparagraph (v), after "the Judges" insert "of the Court";

(f)in subsection (7), after "the Judge" insert

"of the Court or an Associate Judge".

(2)In section 17B(2) of the Supreme Court Act 1986, after "a Judge" insert "of the Court or constituted by an Associate Judge".
20Power to act in cases relating to rates and taxes
In section 20A(1) of the Supreme Court Act 1986, after "Judge" insert ", Associate Judge".
21Vexatious litigants
In section 21(7) of the Supreme Court Act 1986, after "a Judge" insert "of the Court".
22Power to make Rules
(1)In section 25(1) of the Supreme Court Act 1986—
(a)in paragraph (b) for "a Master" substitute "an Associate Judge";
(b)in paragraph (c), for "from the Trial Division constituted by a Master or from a Master of the County Court" substitute "an associate judge of the County Court";

(c)after paragraph (ca) insert—
"(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;".

(2)After section 25(1) of the Supreme Court Act 1986 insert—
"(1A)The Rules may—
(a)confer a discretionary authority or impose a duty on the Chief Justice or a specified court official or a specified class of 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.".

23Manner of making Rules
In section 26 of the Supreme Court Act 1986, after "1975" insert "or any Associate Judge".
24Council of Judges
In section 28(4) of the Supreme Court Act 1986, after "1975" insert "or any Associate Judge".
25Professional development and training
In section 28A(1) of the Supreme Court Act 1986 in the definition of judicial officer, for paragraph (b) substitute—
"(b)an Associate Judge.".

26Minors to become wards only by order and proceeding to test legality of by-laws
(1)In section 102(1) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court".
(2)In section 103(1) of the Supreme Court Act 1986, after "by a Judge" insert "of the Court".
27Part 7 heading substituted
For the heading to Part 7 of the Supreme Court Act 1986 substitute—
"Part 7—Associate Judges and Officers of the Court".
28Section 104 substituted
For section 104 of the Supreme Court Act 1986 substitute—
"104 Appointment of Associate Judges
(1)Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council.
(2)The Associate Judges appointed under subsection (1)—
(a)must include an Associate Judge who is the Senior Master; and
(b)may include—
(i)an Associate Judge who is the Registrar of the Court of Appeal;
(ii)an Associate Judge who is the Registrar of the Criminal Appeals;
(iii)an Associate Judge who is the Taxing Master.

(3)An Associate Judge may be appointed as both Registrar of the Court of Appeal and the Registrar of Criminal Appeals and may hold both those offices concurrently.
(4)If the offices of Registrar of the Court of Appeal and Registrar of Criminal Appeals are held by the same person—
(a)the offices are deemed to be a single office under the title of Registrar of the Court of Appeal; and
(b)a reference in this or any other Act or in the Rules or any other instrument or document to the Registrar of Criminal Appeals is deemed to be a reference to the Registrar of the Court of Appeal.

(5)No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created.
(6)A person must not be appointed as an Associate Judge unless that person—
(a)is or has been a judge, an associate judge or a magistrate of—
(i)the High Court of Australia or of a court created by the Parliament of the Commonwealth; or
(ii)a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or
(b)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.

(7)An Associate Judge ceases to hold office only—
(a)if he or she resigns by delivering to the Governor a signed letter of resignation; or
(b)if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or
(c)if his or her office is abolished by or under an Act; or
(d)if he or she is not capable of continuing in office because of subsection (9) or (10).

(8)An Associate Judge who is the Senior Master or the Registrar of the Court of Appeal and any other Associate Judge is—
(a)entitled to such applicable salary and allowances as are payable under section 83A of the Constitution Act 1975; and
(b)not subject to the Public Administration Act 2004.

(9)Subject to subsection (10), a person who has attained the age of 70 years is not capable of being appointed to or continuing in an office referred to in this section.
(10)A person appointed to the office of Master before 1 July 1986 and holding that office before the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008 continues in office without interruption as an Associate Judge until attaining the age of 72 years.".

29Pension entitlements
(1)In the heading to section 104A of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(2)In section 104A of the Supreme Court Act 1986—
(a)in subsection (1)—
(i)for "A Master" substitute

"An Associate Judge";
(ii)in paragraph (a)(ii) for "a Master appointed" substitute "an Associate Judge who was appointed as a Master";

(b)in subsection (1A)—
(i)for "A Master" substitute

"An Associate Judge";
(ii)for "a Master" (where twice occurring) substitute "an Associate Judge";

(c)in subsection (1B)—
(i)for "A Master" substitute

"An Associate Judge";
(ii)in paragraph (a) for "as a Master" substitute "as an Associate Judge";

(d)in subsection (2)—
(i)for "a Master" substitute "an Associate Judge, a former Associate Judge";
(ii)for "the Master's former office" substitute "the former office of the Associate Judge or former Associate Judge or the office of Associate Judge that is equivalent to the former office of the former Master, as the case requires";

(e)in subsection (3)—
(i)for "a Master" substitute "an Associate Judge, a former Associate Judge";
(ii)for "the Master's" substitute "the Associate Judge's or former Master's";

(f)in subsection (4)—
(i)for "a Master" substitute "an Associate Judge, a former Associate Judge";
(ii)for "the Master" substitute "the Associate Judge, former Associate Judge";

(g)in subsection (5)—
(i)for "a Master" substitute "an Associate Judge, a former Associate Judge";
(ii)for "the Master" substitute "the Associate Judge, former Associate Judge";

(h)in subsection (7), after "Master" insert

"or former Associate Judge";
(i)in subsection (9)—
(i)for "A Master" substitute

"An Associate Judge";
(ii)for "section 104(3A)(c)" substitute "section 104(7)(d)".

(3)After section 104A(11) of the Supreme Court Act 1986 insert—
"(12)For the purposes of this section, service as a Master before the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an Associate Judge.
(13)In this section, former Master means a Master who resigned, retired or died before the commencement of section 29 of the Courts Legislation Amendment (Associate Judges) Act 2008.".

30Election to commute pension
(1)In the heading to section 104B of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(2)In section 104B of the Supreme Court Act 1986—
(a)in subsection (1)—
(i)for "A Master" substitute

"An Associate Judge";
(ii)for "the Master" substitute

"the Associate Judge";

(b)in subsection (2), for "A Master" substitute "An Associate Judge".

31Actuary's calculations after election to commute
(1)In the heading to section 104C of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(2)In section 104C of the Supreme Court Act 1986—
(a)in subsection (1)—
(i)for "a Master" substitute "an Associate Judge";
(ii)for "former Master" (wherever occurring) substitute "former Associate Judge";

(b)for "Master's" (wherever occurring) substitute "Associate Judge's";
(c)in subsections (2), (4)(a) and (4)(b) for "Master" substitute "Associate Judge".

(3)In the heading to section 104D of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(4)In section 104D of the Supreme Court Act 1986—
(a)for "Master's" (wherever occurring) substitute "Associate Judge's";
(b)in subsections (1) and (2)(b), for "Master" (wherever occurring) substitute "Associate Judge".

32Election to commute for payment of surcharge and actuary's calculations
(1)In the heading to section 104E of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(2)In section 104E of the Supreme Court Act 1986—
(a)in subsections (1) and (2)(c), for "Master" (wherever occurring) substitute "Associate Judge";
(b)in subsection (2)(a) for "Master's" substitute "Associate Judge's".

(3)In the heading to section 104F of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'".
(4)In section 104F of the Supreme Court Act 1986—
(a)for "Master" (wherever occurring) substitute "Associate Judge";
(b)for "Master's" (wherever occurring) substitute "Associate Judge's".

33Payment and commutation of pension
(1)In the heading to section 104G of the Supreme Court Act 1986, for "Masters" substitute "Associate Judges".
(2)In section 104G of the Supreme Court Act 1986—
(a)in subsections (2) and (3) for "Master's" (wherever occurring) substitute "Associate Judge's";
(b)in subsection (3), for "Master" (wherever occurring) substitute "Associate Judge".

34Election by spouse and children to commute pensions for payment of surcharge and actuary's calculations
(1)In the heading to section 104H of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'".
(2)In section 104H of the Supreme Court Act 1986—
(a)for "Master" (wherever occurring) substitute "Associate Judge";
(b)for "Master's" (wherever occurring) substitute "Associate Judge's".

(3)In the heading to section 104I of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'".
(4)In section 104I of the Supreme Court Act 1986, for "Master" (where twice occurring) substitute "Associate Judge".

35Payment and commutation of pensions of spouse and children
(1)In the heading to section 104J of the Supreme Court Act 1986, for "Masters'" substitute "Associate Judges'".
(2)In section 104J of the Supreme Court Act 1986—
(a)in subsections (2) and (3)(a), for "Master" (wherever occurring) substitute "Associate Judge";
(b)in subsection (3)(a), for "Master's" (wherever occurring) substitute "Associate Judge's".

36Section 105 substituted and new section 105A inserted
For section 105 of the Supreme Court Act 1986 substitute—
"105 Acting Associate Judges
(1)If an Associate Judge other than the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of that Associate Judge.
(2)If an Associate Judge other than the Associate Judge who is the Senior Master is absent for a period not exceeding 6 months, the Chief Justice may nominate another Associate Judge to act in the place of that Associate Judge.
(3)A person appointed under subsection (1) or nominated under subsection (2) has and may exercise the duties and powers of the Associate Judge in whose place the appointee or nominee is acting.

105AActing Senior Master
(1)If the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of the Senior Master.
(2)If the Associate Judge who is the Senior Master is absent, another Associate Judge nominated by the Senior Master has and may exercise the duties and powers of the Senior Master in relation to the receipt, investment and payment out of funds in court.".

37Power to employ officers
After section 106(a) of the Supreme Court Act 1986 insert—
"(ab)registrars, deputy registrars and any other employees that are necessary for the effective operation of the Court generally; and".

38Functions of Associate Judges
For the heading to Division 2 of Part 7 of the Supreme Court Act 1986 substitute—
"Division 2—Functions of Associate Judges".
39New section 109A inserted
Before section 110 of the Supreme Court Act 1986 insert—
"109A Chief Justice responsible for business of Associate Judges
The Chief Justice has responsibility for the administration of the business of the Associate Judges, including the Associate Judge who is the Senior Master, and the orderly and expeditious exercise of their functions and powers.".

40Section 110 substituted
For section 110 of the Supreme Court Act 1986 substitute—
"110 Functions of the Senior Master
The Senior Master has the duties, powers and authorities imposed or conferred on him or her by or under this Act or any other Act or the Rules.".

41Sections 111 and 111A substituted
For sections 111 and 111A of the Supreme Court Act 1986 substitute—
"111 Functions of Associate Judges
The Associate Judges—
(a)must assist in the general business of the Court; and
(b)must perform the duties and exercise the powers and authorities imposed or conferred on them by or under this Act or any other Act or the Rules.

111AFunctions of Registrar of the Court of Appeal
The Registrar of the Court of Appeal is, subject to the general direction and control of the President, responsible for—
(a)the preliminary examination of all applications and appeals made to the Court of Appeal, including all applications made to the Court of Appeal under Part VI of the Crimes Act 1958 and the Rules made under that Part;
(b)taking such action as he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications and appeals to the Court of Appeal;
(c)performing such other duties and exercising such other powers and authorities as are imposed or conferred on him or her by the President, this Act or any other Act or the Rules.".

42Section 112 substituted
For section 112 of the Supreme Court Act 1986 substitute—
"112 Functions of the Registrar of Criminal Appeals and Taxing Master
(1)The Registrar of Criminal Appeals is, subject to the general direction and control of the Registrar of the Court of Appeal, responsible for—
(a)the preliminary examination of all applications made to the Court of Appeal under Part VI of the Crimes Act 1958 and the Rules made under that Part;
(b)taking such action as he or she is authorised or required by the Registrar of the Court of Appeal or the Rules to take to ensure the efficient and expeditious despatch of those applications to the Court of Appeal;
(c)performing such other duties as are imposed or conferred on him or her by the Registrar of the Court of Appeal or any Act or the Rules.

(2)The Taxing Master is responsible for assessing and settling bills of costs and for that purpose has all the powers and authorities of the Court.
Note
The Taxing Master also has functions in relation to costs reviews under Division 7 of Part 3.4 of the Legal Profession Act 2004.".

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Part 3—Associate Judges of the County Court

43Definitions
In section 3(1) of the County Court Act 1958—
(a)insert the following definition—
"associate judge means a person appointed under section 17A;";
(b)in the definition of judge, after "Chief Judge" insert "but does not include an associate judge".

44New section 3BA inserted
After section 3B of the County Court Act 1958 insert—
"3BA Associate judge may exercise jurisdiction of court
Subject to this Act, any other Act and the Rules an associate judge may exercise at any time and place all the jurisdiction vested in the court.".

45Establishment of the County Court
(1)In section 4(1A) of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 4(1B) of the County Court Act 1958—
(a)for "a master or registrar" substitute "an associate judge or a registrar";
(b)for "judge, master or registrar" substitute

"judge, an associate judge or a registrar".

46Judge to hold court where directed and appoint days of sitting
(1)Insert the following heading to section 7 of the County Court Act 1958—
"Where court held and days of sitting".
(2)In section 7(1) of the County Court Act 1958, after "a judge" insert "or, subject to the Rules, an associate judge".
(3)In section 7(4) of the County Court Act 1958, after "a judge" (wherever occurring) insert "or an associate judge, as the case requires".
47Protection of judges and associate judges
(1)Insert the following heading to section 9A of the County Court Act 1958—
"Protection of judges and associate judges".
(2)At the end of section 9A of the County Court Act 1958 insert—
"(2)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 Supreme Court has in the performance of his or her duties as a Judge.".

48Salaries
In section 10(9) of the County Court Act 1958, after "2005" insert "or an associate judge".
49Provision for pensions
In section 14(5) of the County Court Act 1958—
(a)in paragraph (aa) for "master" (where twice occurring) substitute "associate judge";
(b)in paragraph (ad)—
(i)in subparagraph (i), after "master" insert "or associate judge";
(ii)in subparagraph (ii), for "a master of a" substitute ", an Associate Judge of the Supreme Court, or a master or an associate judge (however described)

of a".

50Section 15 substituted
For section 15 of the County Court Act 1958 substitute—
"15 Power to exercise functions of judge or associate judge by another
Despite anything in any Act, any power, duty or act which might have been exercised or performed by any judge or associate judge but for—
(a)his or her having ceased for any reason to be a judge or associate judge; or
(b)his or her absence on leave or vacation or in consequence of sickness or otherwise—

shall be exercisable or performable by any other judge or associate judge (as the case requires).".

51Professional development and training
In section 17AAA(1) of the County Court Act 1958, in the definition of judicial officer, for paragraph (b) substitute—
"(b)an associate judge".

52Division heading amended
In the heading to Division 3A of Part I of the County Court Act 1958, for "Masters" substitute "Associate Judges".

53Section 17A substituted
For section 17A of the County Court Act 1958 substitute—
"17A Associate judges
(1)The Governor in Council may appoint one or more persons to be associate judges of the court.
(2)An associate judge ceases to hold office only—
(a)if he or she resigns by delivering to the Governor a signed letter of resignation; or
(b)if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or
(c)if his or her office is abolished; or
(d)if he or she is not capable of continuing in office because of subsection (5).

(3)A person must not be appointed as an associate judge unless the person—
(a)is or has been a judge, an associate judge or a magistrate of—
(i)the High Court of Australia or of a court created by the Parliament of the Commonwealth; or
(ii)a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or
(b)is an Australian lawyer of at least 5 years' standing.

(4)An associate judge—
(a)is entitled to such salaries and allowances as are from time to time payable under section 17AA; and
(b)is not subject to the Public Administration Act 2004.

(5)A person who has attained the age of 70 years is not capable of being appointed to or continuing in office as an associate judge.".

54New section 17ABA inserted
After section 17A of the County Court Act 1958 insert—
"17ABA Functions of associate judges
(1)The Chief Judge may assign duties to an associate judge.
(2)An associate judge must carry out the duties from time to time assigned to him or her under subsection (1).
(3)Without limiting subsection (1), an associate judge must—
(a)assist in the general business of the court; and
(b)perform such duties and exercise such powers and authorities as are imposed or conferred on the associate judge by or under this Act or any other Act or by the Rules.".

55Salaries and allowances
(1)Insert the following heading to section 17AA of the County Court Act 1958—
"Salaries and allowances of associate judges".
(2)In section 17AA of the County Court Act 1958—
(a)in subsections (1) and (2), for "master" substitute "associate judge";
(b)in subsections (3) and (4), for "masters of the court" (wherever occurring) substitute "associate judges".

56Amendments relating to pension entitlements
(1)In the heading to section 17B of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 17B of the County Court Act 1958—
(a)in subsection (1)—
(i)for "A master" substitute "An associate judge";
(ii)in paragraph (a)(ii) for "a master appointed" substitute "an associate judge who was appointed as a master";

(b)in subsection (1A)—
(i)for "A master" substitute "An associate judge";
(ii)for "a master" (where twice occurring) substitute "an associate judge";

(c)in subsection (1B)—
(i)for "A master" substitute "An associate judge";
(ii)in paragraph (a) for "as a master" substitute "as an associate judge";

(d)in subsection (2)—
(i)for "a master" substitute "an associate judge, a former associate judge";
(ii)for "the master's former office" substitute "the former office of the associate judge, former associate judge or the office of associate judge that is equivalent to the former office of the former master, as the case requires";

(e)in subsection (3)—
(i)for "a master" substitute "an associate judge, a former associate judge";
(ii)for "the master's" substitute "the associate judge's or former master's";

(f)in subsection (4)—
(i)for "a master" substitute "an associate judge, a former associate judge";
(ii)for "the master" substitute "the associate judge, former associate judge";

(g)in subsection (5)—
(i)for "a master" substitute "an associate judge, a former associate judge";
(ii)for "the master" substitute "the associate judge, former associate judge";

(h)in subsection (7), after "master" insert "or former associate judge";
(i)in subsection (9)—
(i)"A master" substitute "An associate judge";
(ii)for "section 17A(2)(c)" substitute "section 17A(2)(d)".

(3)After section 17B(11) of the County Court Act 1958 insert—
"(12)For the purposes of this section, service as a master before the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an associate judge.
(13)In this section, former master means a master who resigned, retired or died before the commencement of section 56 of the Courts Legislation Amendment (Associate Judges) Act 2008.".

57Election to commute future pensions for payment of superannuation contributions surcharge
(1)In the heading to section 17C of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 17C of the County Court Act 1958—
(a)in subsection (1)—
(i)for "A master" substitute "An associate judge";
(ii)for "the master" substitute

"the associate judge";

(b)in subsection (2), for "A master" substitute "An associate judge".

58Actuary's calculations
(1)In the heading to section 17D of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 17D of the County Court Act 1958—
(a)in subsection (1)—
(i)for "a master" substitute "an associate judge";
(ii)in paragraphs (a) and (b), for "former master" substitute "former associate judge";

(b)for "master's" (wherever occurring) substitute "associate judge's";
(c)in subsections (2), (4)(a) and (4)(b) for "master" substitute "associate judge".

(3)In the heading to section 17E of the County Court Act 1958, for "masters" substitute "associate judges".

(4)In section 17E of the County Court Act 1958—
(a)for "master's" (wherever occurring) substitute "associate judge's";
(b)in subsections (1) and (2)(b), for "master" (wherever occurring) substitute "associate judge".

59Election to commute
(1)In the heading to section 17F of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 17F of the County Court Act 1958—
(a)in subsections (1) and (2)(c), for "master" (wherever occurring) substitute "associate judge";
(b)in subsection (2)(a) for "master's" substitute "associate judge's".

60Actuary's calculations after election to commute
(1)In the heading to section 17G of the County Court Act 1958, for "masters'" substitute "associate judges'".

(2)In section 17G of the County Court Act 1958—
(a)for "master" (wherever occurring) substitute "associate judge";
(b)for "master's" (wherever occurring) substitute "associate judge's".

61Payment and commutation of pensions
(1)In the heading to section 17H of the County Court Act 1958, for "masters" substitute "associate judges".
(2)In section 17H of the County Court Act 1958—
(a)in subsections (2) and (3) for "master's" (wherever occurring) substitute "associate judge's";
(b)in subsection (3), for "master" (where twice occurring) substitute "associate judge".

62Election of spouses and eligible children to commute pensions for payment of surcharge
(1)In the heading to section 17I of the County Court Act 1958, for "masters'" substitute "associate judges'".
(2)In section 17I of the County Court Act 1958—
(a)for "master" (wherever occurring) substitute "associate judge";
(b)for "master's" (wherever occurring) substitute "associate judge's".

63Actuary's calculation of reduction of pensions of spouses and eligible children
(1)In the heading to section 17J of the County Court Act 1958, for "masters'" substitute "associate judges'".
(2)In section 17J of the County Court Act 1958, for "master" (where twice occurring) substitute "associate judge".
64Payment and commutation of pensions
(1)In the heading to section 17K of the County Court Act 1958, for "masters'" substitute "associate judges'".
(2)In section 17K of the County Court Act 1958—
(a)in subsections (2) and (3)(a), for "master" (wherever occurring) substitute "associate judge";
(b)in subsection (3)(a), for "master's" (wherever occurring) substitute "associate judge's".

65Power to registrar to administer oaths
In section 22(2) of the County Court Act 1958—
(a)after "Supreme Court" insert "or any Associate Judge of the Supreme Court";
(b)for "or master" substitute "or associate judge".

66Arbitration by judge
Insert the following heading to section 47 of the County Court Act 1958—
"Arbitration".
67Court may award costs where action or matter is struck out for want of jurisdiction
In section 55 of the County Court Act 1958, after "the judge" insert "or associate judge, as the case requires,".

68Jury may be had on re-hearing of County Court proceeding in Supreme Court
In section 72(1) of the County Court Act 1958—
(a)for "Full Court of the Supreme Court" (where twice occurring) substitute "Court of Appeal";
(b)for "by a judge" substitute "by a Judge of the Court";
(c)for "if he so" substitute "if the party so";
(d)for "six men" substitute "six persons".

69Appeal to the Court of Appeal
In section 74(1) of the County Court Act 1958, after "order of the court" insert "constituted by a judge other than an associate judge".
70New section 75 inserted
After section 74 of the County Court Act 1958 insert—
"75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court
(1)Subject to subsection (2), any party to a civil proceeding who is dissatisfied with any judgment or order of the court constituted by an associate judge may appeal from the same to the Trial Division of the Supreme Court, despite the civil proceeding having been brought in the County Court by consent as provided by this Act.
(2)An appeal under this section—
(a)is subject to leave by the associate judge constituting the court or to leave by the Trial Division of the Supreme Court; and
(b)is to be in accordance with the Rules of the Supreme Court.".

71Power to make rules of practice and Council of Judges
(1)In section 78(1) of the County Court Act 1958—
(a)after "2005" insert "or associate judges";
(b)for paragraph (fa) substitute—
"(fa)regulating the exercise by associate judges of the jurisdiction of the court;";
(c)paragraph (fb) is repealed;

(2)In section 78(2) of the County Court Act 1958, after "2005" insert "or associate judges".
(3)In section 87(3) of the County Court Act 1958, after "2005" insert "or an associate judge".

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Part 4—Transitional Provisions

72Section 92 inserted—County Court Act 1958
After section 91 of the County Court Act 1958 insert—
"92 Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008
(1)Unless the contrary intention appears, on and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in any Act (other than that Act), subordinate instrument or other document, to a master of the County Court is to be construed as a reference to an associate judge of the County Court.
(2)Nothing in the Courts Legislation Amendment (Associate Judges) Act 2008 affects the pension entitlements of a master who resigned, retired or died before the commencement of section 56 of that Act or the spouse or partner or eligible child of such a master and—
(a)subject to paragraph (b), those entitlements continue in existence as if the amendments made by that Act had not been made;
(b)a reference in section 17B 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 former master who resigned or retired before the commencement of section 56 of the Courts Legislation Amendment (Associate Judges) Act 2008 or the spouse or partner or eligible child of such a former master, a reference to the annual salary for the time being payable under section 17AA(1) of the County Court Act 1958 in respect of the office of associate judge.".

73Sections 142 to 144 inserted—Supreme Court Act 1986
After section 141 of the Supreme Court Act 1986 insert—
"142 References
Unless the contrary intention appears, on and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in any Act (other than that Act), subordinate instrument or other document—
(a)to a Master of the Supreme Court is to be construed as a reference to an Associate Judge of the Supreme Court; and
(b)to the Senior Master is to be construed as a reference to the Associate Judge who is the Senior Master; and
(c)to the Taxing Master is to be construed as a reference to the Associate Judge who is the Taxing Master.

143Masters to become Associate Judges
(1)On and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008—

(a)a person appointed to the office of Senior Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Senior Master appointed under section 104(2)(a) as substituted by section 28 of that Act without further appointment;
(b)a person appointed to the office of Registrar of the Court of Appeal before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of the Court of Appeal appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;
(c)a person appointed to the office of Registrar of Criminal Appeals before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of Criminal Appeals appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;
(d)a person appointed to the office of Taxing Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Taxing Master appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment;
(e)a person appointed to the office of Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge appointed under section 104 as substituted by section 28 of that Act without further appointment.

(2)Subsection (1) does not affect any salary, other remuneration, allowances or pension entitlements of any person referred to in that subsection.
144Pension entitlements
Nothing in the Courts Legislation Amendment (Associate Judges) Act 2008 affects the pension entitlements of a Master who resigned, retired or died before the commencement of section 29 of that Act or the spouse or partner or eligible child of such a Master and—
(a)subject to paragraph (b), those entitlements continue in existence as if the amendments made by that Act had not been made;
(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 who resigned, retired or died before the commencement of section 29 of the Courts Legislation Amendment (Associate Judges) Act 2008 or the spouse or partner or eligible child of such a Master, 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 Associate Judge equivalent to the office of that Master.".

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Part 5—Consequential Amendments to Other Acts

74Accident Compensation Act 1985
In section 135BA of the Accident Compensation Act 1985—
(a)in subsection (3) for "the Master of the Supreme Court" substitute "an Associate Judge of the Supreme Court";
(b)in subsections (4), (5) and (6) for "Master of the Supreme Court" (wherever occurring) substitute "Associate Judge of the Supreme Court".

75Administration and Probate Act 1958
In section 3 of the Administration and Probate Act 1958, the definition of Master is repealed.
76Courts (Case Transfer) Act 1991
In section 3(1) of the Courts (Case Transfer) Act 1991 in the definition of Designated judicial officer—
(a)in paragraph (a), for "a Master of the Supreme Court" substitute "an Associate Judge";
(b)in paragraph (b), for "a Master" substitute "an associate judge".

77Crimes Act 1958
Insert the following definition in section 2A(1) of the Crimes Act 1958—
"Taxing Master means any Associate Judge of the Supreme Court from time to time carrying out the functions of assessing, settling or taxing of costs in proceedings in that Court.".

78Evidence Act 1958
(1)In section 3(1) of the Evidence Act 1958, in the definition of person acting judicially, for "master" substitute "Associate Judge".
(2)For section 107A(1)(h) of the Evidence Act 1958 substitute—
"(h)the associate of an Associate Judge of the Supreme Court or of an associate judge of the County Court;".

(3)For section 123C(1)(b) of the Evidence Act 1958 substitute—
"(b)an Associate Judge of the Supreme Court or the associate to such Associate Judge;
(ba)an associate judge of the County Court or the associate to such associate judge;".

79Instruments Act 1958
In the Second Schedule to the Instruments Act 1958, for "a Master" substitute "an Associate Judge".
80Judicial College of Victoria Act 2001
(1)In section 3 of the Judicial College of Victoria Act 2001 in the definition of judicial officer—
(a)in paragraph (a) for "Master" substitute

"an Associate Judge";
(b)in paragraph (b) for "master" substitute

"an associate judge".

(2)In section 8(1) of the Judicial College of Victoria Act 2001—
(a)in paragraph (a) for "a Master" substitute "an Associate Judge";
(b)in paragraph (c) for "a master" substitute "an associate judge".

(3)In section 9(3) of the Judicial College of Victoria Act 2001, for "master" (where twice occurring) substitute "associate judge".
81Judicial Remuneration Tribunal Act 1995
In section 3 of the Judicial Remuneration Tribunal Act 1995, in the definition of holder of an office—
(a)in paragraph (j), for "Masters" substitute "Associate Judges";
(b)in paragraph (k), for "Masters" substitute "associate judges".

82Judicial Salaries Act 2004
(1)In section 3 of the Judicial Salaries Act 2004—
(a)insert the following definitions—
"Associate Judge of the Supreme Court has the same meaning as Associate Judge has in the Supreme Court Act 1986;
associate judge of the County Court has the same meaning as associate judge has in the County Court Act 1958;";
(b)in the definition of Supreme Court Judge, for "Appeal or the other Judges of Appeal" substitute "Appeal, the other Judges of Appeal or an Associate Judge of the Supreme Court".

(2)At the end of section 3 of the Judicial Salaries Act 2004 insert—
"(2)On and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in this Act—
(a)to "General Supreme Court Master" includes an Associate Judge of the Supreme Court other than—
(i)an Associate Judge who is the Senior Master; or
(ii)an Associate Judge who is the Registrar of the Court of Appeal; or
(iii)a Specialist Supreme Court Master;
(b)to the Senior Master of the Supreme Court is a reference to the Associate Judge who is the Senior Master;
(c)to the Registrar of the Court of Appeal is a reference to an Associate Judge who is the Registrar of the Court of Appeal.

(3)On and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in this Act to "Master of the County Court" includes an associate judge of the County Court.".

(3)After section 6(3) of the Judicial Salaries Act 2004 insert—
"(3A)With effect on and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, the holder of an office of Associate Judge referred to in section 3(2) is entitled 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—
(a)in the case of the office of Associate Judge who is the Senior Master, the annual salary of the Senior Master of the Supreme Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005; and
(b)in the case of the office of Associate Judge who is the Registrar of the Court of Appeal, the annual salary of the Registrar of the Court of Appeal bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005; and
(c)in the case of the office of Associate Judge other than Senior Master or Registrar of the Court of Appeal or a Specialist Master of the Supreme Court, the annual salary of a General Master of the Supreme Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.

(3B)With effect on and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, the holder of an office of Associate Judge referred to in section 3(3) is entitled 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 Master of the County Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.".

83Land Acquisition and Compensation Act 1986
(1)Insert the following definition in section 3(1) of the Land Acquisition and Compensation Act 1986—
"Taxing Master means any Associate Judge of the Supreme Court from time to time carrying out the functions of assessing, settling or taxing of costs in proceedings in that Court;".

(2)In section 85(1) of the Land Acquisition and Compensation Act 1986, for "a Master" substitute "an Associate Judge".
84Legal Profession Act 2004
In section 3.4.2 of the Legal Profession Act 2004, for the definition of Taxing Master substitute—
"Taxing Master means any Associate Judge of the Supreme Court from time to time carrying out the functions of assessing, settling or taxing of costs in proceedings in that Court;".

85Property Law Act 1958
(1)In section 253 of the Property Law Act 1958—
(a)for "Master of the Supreme Court or Master of the County Court" substitute
"an Associate Judge of the Supreme Court or an associate judge of the County Court";
(b)for "such judge Master" substitute

"such judge, associate judge".

(2)In section 254 of the Property Law Act 1958, for "Master" substitute "associate judge".
(3)In the Ninth Schedule to the Property Law Act 1958, for "Master of the Supreme Court" substitute "Associate Judge of the Supreme Court or associate judge of the County Court".

86Prostitution Control Act 1994
In sections 69(3)(b)(ii)(B) and 70(3)(b)(ii)(B) of the Prostitution Control Act 1994, for

"a Master" substitute "an Associate Judge".
87Public Administration Act 2004
(1)In section 101(b) of the Public Administration Act 2004, for "a Master of the Supreme Court or" substitute "an Associate Judge of the Supreme Court or an associate judge of".
(2)In section 106(1) of the Public Administration Act 2004—
(a)in paragraph (c) for "a master" substitute "an Associate Judge";
(b)in paragraph (d) for "a master" substitute "an associate judge";

88Trustee Act 1958
(1)In section 62 of the Trustee Act 1958—
(a)for "the Master of the Supreme Court" substitute "an Associate Judge of the Supreme Court";
(b)for "such Master" substitute "such Associate Judge".

(2)In section 77 of the Trustee Act 1958, for

"the Master" substitute "an Associate Judge".

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Part 6—General

89Statute law revision—Supreme Court Act 1986
In the Supreme Court Act 1986—
(a)in section 33A, in the definition of Chapter I of the Rules, for "1996" substitute "2005";
(b)in section 33ZK for "Chapter I of the Rules" substitute "the Supreme Court (General Civil Procedure) Rules 1996".

90Statute law revision—County Court Act 1958
(1)In the note to section 39C(5) of the County Court Act 1958, for "the Supreme Court (General Civil Procedure) Rules 1996" substitute "Chapter I of the Rules of the Supreme Court".
(2)Insert the following heading to section 76 of the County Court Act 1958—
"Court may reserve question for opinion of the Court of Appeal".
91Repeal 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: 27 February 2008
Legislative Council: 17 April 2008

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the Supreme Court Act 1986 and the County Court Act 1958 to replace the office of Master of the Supreme Court and master of the County Court with the office of Associate Judge, to consequentially amend other legislation and for other purposes."

Constitution Act 1975:
Special majorities:
Legislative Assembly: 16 April 2008
Legislative Council: 27 May 2008