Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 77.02

Limitations on authority

    (1)     Subject to paragraph (2) and Rules 12.12, 22.08(1)(d), 22.22(c), 32.08(3) and 77.01(2)(b), (c), (d), (e) and (f)—

        (a)     the trial of a proceeding shall not be held before an Associate Judge; and

        (b)     an Associate Judge shall not give any judgment or make any order at the trial of a proceeding.

    (2)     Except as provided by paragraph (3)(a), (c), (d) or (e), an Associate Judge may at the trial of a proceeding give judgment or make an order by consent of all parties.

    (3)     An Associate Judge shall not have authority to hear and determine—

        (a)     any application which by these Rules or any Act is required to be heard only by a Judge of the Court or the Court of Appeal, as the case requires;

        (b)     subject to this Order, any application for an injunction or other order under section 37 of the Supreme Court Act 1986 ;

        (c)     subject to paragraph (d), any proceeding relating to the liberty of the subject;

        (d)     any criminal proceeding, other than an appeal or an application for leave to appeal to which Order 3A of Chapter VI applies;

        (e)     any application under section 28 or 54 of the Vexatious Proceedings Act 2014 ;

        (f)     any application or proceeding under Part 2 or Part 2A of the Confiscation Act 1997 .

    (4)     Except where the trial was conducted by an Associate Judge, an order under Rule 49.02(2) shall only be made by a Judge of the Court.



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