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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 77.01

Authority

    (1)     Subject to this Order, an Associate Judge, in addition to exercising the powers and authorities conferred by any other provision of these Rules, may, in any proceeding to which these Rules apply, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court.

    (2)     Subject to this Order, an Associate Judge, in addition to exercising the powers and authorities conferred by any other provision of these Rules, may hear and determine—

        (a)     any application and exercise any powers and authorities under the following statutory provisions—

              (i)     section 65 of the Administration and Probate Act 1958 , and Part IV of that Act, if an order is sought under that Part by consent;

              (ii)     sections 3, 4, 5 and 6 of the Administrative Law Act 1978 ;

              (iii)     sections 126 and 143 of the Associations Incorporation Reform Act 2012 ;

        (iiia)     the Civil Procedure Act 2010 ;

        (iiib)     section 143 of the Confiscation Act 1997 ;

              (iv)     Divisions 1, 1A, 1B and 1C of Part I and section 42E of the Evidence (Miscellaneous Provisions) Act 1958 ;

              (v)     section 66 of the Guardianship and Administration Act 1986 ;

              (vi)     sections 5, 6, 7 and 13(1) of the Instruments Act 1958 ;

              (vii)     section 84 of the Property Law Act 1958 and Part IV of that Act;

              (viii)     Part 3.2 and Part 3.3 of Chapter 3 of the Relationships Act 2008 ;

              (ix)     section 17(1), 18(3), 19(1), 25(1), 30(1), 33, 35(3), 39(1), 43, 44(1), 45(3), 57(1), 61, 67(1), 71, 72(1), 87(4), 105(4) or 106(1) of the Service and Execution of Process Act 1992 of the Commonwealth;

              (x)     sections 18, 22, 24, 32, 51A, 58, 59, 60, 76, 77 and 78 of the Supreme Court Act 1986 , and, if otherwise the Associate Judge would exercise jurisdiction under these Rules to give, or the plaintiff would be entitled, under these Rules to enter judgment for the possession of land, section 85 of that Act;

              (xi)     sections 48(1) and 63A(1)(a) and 63A(3) of the Trustee Act 1958 , in respect of trusts entered into in consequence of an order of the Court made in respect of money held or to be held on behalf of a person under a disability;

        (b)     an application under any Act for payment or transfer to any person of any money or securities in Court, including any interest;

        (c)     an application for or relating to the sale of property by auction or private contract, and for payment into court and investment of the purchase money;

        (d)     an application—

              (i)     for the appointment of a receiver by way of equitable execution;

              (ii)     for an injunction ancillary or incidental to equitable execution;

              (iii)     made under Rule 21.04(1) for judgment for an injunction;

        (e)     any proceeding for the recovery of land under Order 53;

        (f)     a trial of an undefended civil proceeding;

        (g)     any application to stay or dismiss a proceeding commenced by a law practice to recover legal costs where the application is brought on the ground that the proceeding has been commenced in contravention of section 194 of the Legal Profession Uniform Law (Victoria).



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