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COUNTY COURT ACT 1958
TABLE OF PROVISIONS
Long Title
1. Short title and commencement
2. Repeals
3. Definitions
3AA. Definitions relating to pensions
3AAB. Meaning of family member for purposes of Koori Court Division
3A. Abolition of distinction between court and chambers
3B. Judge may exercise jurisdiction of court
3BA. Associate judge may exercise jurisdiction of court
3C. Saving provision
PART I--COURT JUDGES OFFICERS COUNSEL AND PRACTITIONERS
Division 1--Establishment of the County Court and sittings
4. Establishment of the County Court
4AA. Establishment of Drug Court Division
4AAB. Adjournment of proceeding to Drug Court Division
4A. Establishment of Koori Court Division
4B. Jurisdiction of Koori Court Division
4C. Dealing with proceedings for certain offences
4D. Hearing certain appeals
4DA. Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court
4E. Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals
4EA. Certain matters may be dealt with by Koori Court Division only in certain venues
4F. Proceedings may be transferred to and from the Koori Court Division
4G. Sentencing procedure in Koori Court Division
5. Where court to be held
5B. Construction of references
6. Seal of the court
6A. Court may issue or transmit court documents electronically
Division 2--Time and place for holding court
7. Where court held and days of sitting
Division 3--Judges
8. Appointment and qualification of judges
8AA. Resignation by Chief Judge who is dual commission holder
8AAB. Deputy Chief Judge
8AAC. Deputy Chief Judge acting as Chief Judge
8AAD. Duties of Deputy Chief Judge
8A. Entry into part-time service arrangement
8B. Variation of part-time service arrangement
8C. Suspension of part-time service arrangement
8D. Termination of part-time service arrangement
8E. Administrative responsibility of Chief Judge
9A. Protection of judges and associate judges
10. Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges
12. Appointment of reserve judges
12A. Cessation of office
12B. Chief Judge may engage reserve judge to undertake duties of judge of the court
12C. Powers, jurisdiction, immunities and protection of reserve judge
12D. Pension rights and service not affected by being a reserve judge
12E. Engaging in legal practice or other paid employment
12F. Salary, allowances and other conditions of service of reserve judge
12G. Appropriation of certain amounts in relation to reserve judges
12H. Power to complete matters—judges and reserve judges
13. Judges not to engage in legal practice or sit in Parliament
13A. Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment
14. Provision for pensions to County Court judges and their partners
14AAA. Effect of part-time service arrangement on judicial pensions
14AA. Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge
14AB. Actuary's first calculation after election of judges to commute pensions
14AC. Actuary's second calculation after election of the judges to commute pensions and payment of lump sums
14AD. Election of former judges to commute pensions for payment of superannuation contributions surcharge
14AE. Actuary's calculation after former judges' election to commute pensions
14AF. Payment and commutation of pensions of former judges
14AG. Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
14AH. Actuary's calculation of reduction of pensions of judges' partners and eligible children
14AI. Payment and commutation of pensions of former judges' partners and eligible children
14A. Appointment of judicial members of Liquor Control Commission as judges
15. Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances
17. Appointment of judges temporarily or during pleasure valid
Division 3AA--Professional development and training
17AAA. Professional development and training
Division 3A--Associate judges
17A. Associate judges
17ABA. Functions of associate judges
17AA. Salaries, allowances and conditions of service of associate judges
17B. Pension entitlements of associate judges, their partners and children
17BA. Effect of part-time service arrangement on pensions of associate judges
17C. Election of associate judges to commute future pensions for payment of superannuation contributions surcharge
17D. Actuary's first calculation after election of associate judges to commute pensions
17E. Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums
17F. Election of former associate judges to commute pensions for payment of superannuation contributions surcharge
17G. Actuary's calculation after former associate judges' election to commute pensions
17H. Payment and commutation of pensions of former associate judges
17I. Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
17J. Actuary's calculation of reduction of pensions of associate judges' partners and eligible children
17K. Payment and commutation of pensions of former associate judges' partners and eligible children
Division 3AB--Reserve associate judges
17KA. Appointment of reserve associate judges
17KB. Cessation of office
17KC. Chief Judge may engage reserve associate judge to undertake duties of associate judge
17KD. Powers, jurisdiction, immunities and protection of reserve associate judge
17KE. Pension rights and service not affected by being a reserve associate judge
17KF. Engaging in legal practice or other paid employment
17KG. Salary, allowances and conditions of service of reserve associate judges
17KH. Appropriation of certain amounts in relation to reserve associate judges
17KI. Power to complete matters—associate judges and reserve associate judges
Division 3B--Judicial registrars
17L. Assignment of duties
17M. Guidelines relating to the appointment of judicial registrars
17N. Recommendation for appointment of judicial registrars
17O. Appointment by Governor in Council
17P. Remuneration and terms and conditions of appointment
17PA. Oath or affirmation of office
17Q. Resignation from office
17U. Performance of duties by judicial registrar
17V. Appeal from or review of determination of court constituted by judicial registrar
Division 4--Registrars
18. Appointment of registrar and deputy registrars[2]
19. Protection of registrars
21. Duties of registrar
21A. Moneys held under Act may be invested
22. Power to registrar to administer oaths and affirmations
Division 4A--Aboriginal elders and respected persons
22A. Appointment of Aboriginal elders or respected persons
Division 5--Bailiffs
23. Appointment of bailiffs and assistant bailiffs of County Court
24. Bailiff's duty
Division 6--Registrars, bailiffs and other officers
25. Penalty on officers for corrupt practices
26. Registrar and bailiff to be distinct persons and not to act as legal practitioner
27. Registrar and bailiff to give security
Division 7--Court fees
28A. Exemption from court fees
Division 8--Proceedings against officers
29. Proceedings against registrars etc.
30. Proceedings against bailiffs etc.
32. Protection to bailiffs etc.
Division 9--Legal practitioners--costs
33. Fees to legal practitioners to be fixed by the judges
34. Power to recover excessive fees
PART II--JURISDICTION
Division 1--Sittings of the court
35. Court of record
36. Proceedings arising outside Victoria
36AA. Court may determine matter or proceeding without oral hearing
Division 1A--Criminal jurisdiction
36A. Criminal jurisdiction of County Court
Division 2--Civil jurisdiction
37. Extent of jurisdiction
39. Whether proceedings within jurisdictional limit
39A. Agreements by next friend etc. on behalf of infants
Division 2A--Administration of children's funds
39B. Court orders relating to administration of children's funds
Division 2B--Transfer and payment of money to the Supreme Court for person under disability
39C. Money held in court for person under disability
Division 3--Officers of the court
40. Officers of the court
Division 6--Arbitration, mediation, and reference for inquiry
46. Arbitration by agreement
47. Arbitration
47A. Power to refer civil proceedings to mediation or arbitration
47B. Mediation[3]
48. Power to refer matters for inquiry and report
48A. Assessor
48B. Opinion of legal practitioner
48C. Protection of special referees, mediators and arbitrators
48CA. Protection of assessors
48D. Interaction with Civil Procedure Act 2010
Division 7--Power to grant relief
49. Power of court
49A. Attachment of earnings
49B. Execution of instruments by order of court
50. Rules of law to apply to County Court
51. Counter-claims in County Court and transfers therefrom
52. Facts necessary to give jurisdiction need not appear upon any civil proceeding
53. Mode of enforcing orders
Division 7A--Appellate jurisdiction
53A. Appellate jurisdiction of County Court
Division 8--Contempt of court
54. Contempt of court
Division 9--Costs where no jurisdiction
55. Court may award costs where action or matter is struck out for want of jurisdiction
PART V--TRIAL OF CIVIL PROCEEDINGS
65. Trial to be by judge
66. Judge may reserve his decision
67. Trial may be by judge and jurors if required
68. Judge may direct trial by jurors
70. Verdict of jurors[5]
72. Jury may be had on re-hearing of County Court proceeding in Supreme Court
PART VI--JUDGMENT, NEW TRIAL AND APPEAL
73. Judgments to be final
74. Appeal to the Court of Appeal[6]
75. Appeal from court constituted by associate judge to Trial Division of the Supreme Court
76. Court may reserve question for opinion of the Court of Appeal [7]
77. Prerogative writ
PART VII--RULES, FORMS, SCALES OF COSTS, REGULATIONS
78. Power to make rules of practice
78A. Costs
79A. Regulations
PART VIII--MISCELLANEOUS
80A. Publishing particulars of issued summonses an offence
82. No privilege to exempt persons from provisions of Act
83. Certain actions in Supreme Court to be stayed
84. Securities for money, marketable securities etc. seized under warrant
86. Transfer of judgment to Supreme Court
87. Council of Judges
88. Robing of Judges
89. Transitional provisions
90. Transitional provision—reserve judges
91. Transitional provisions—Courts Legislation (Jurisdiction) Act 2006
92. Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008
93. Transitional provision—County Court Amendment (Koori Court) Act 2008
94. Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
95. Transitional provision—Courts and Sentencing Legislation Amendment Act 2012
96. Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
98. Savings—Open Courts Act 2013
99. Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
100. Transitional provision—Justice Legislation Further Amendment Act 2016
101. Transitional provision—Justice Legislation Further Amendment Act 2016
102. Transitional provisional—Family Violence Protection Amendment Act 2017
103. Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
104. Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
FIRST SCHEDULE
ENDNOTES
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