Victorian Current Acts

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SUPREME COURT ACT 1986 - SECT 146

Pending 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.

S. 147 inserted by No. 78/2008 s. 9.



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