Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
i
Courts Legislation Amendment (Costs Court and
Other Matters) Act 2008
No. 78 of 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2—COSTS COURT 3
3 Definitions 3
4 Jurisdiction and powers 3
5 New Division 2B of Part 2 inserted 3
Division 2B—Costs Court 3
17C Costs Court established 3
17D Powers and functions of Costs Court 4
17E Chief Justice to allocate Associate Judges as Costs
Judges 6
17F Costs Judge may direct costs registrars 6
17G Powers and functions of costs registrar 6
17H Review of costs registrar's determination 7
17I Appeals 8
17J Costs in proceedings in another court or VCAT 8
17K Transfer of file 9
6 Power to make Rules 9
7 References to Taxing Master amended 10
8 Power to employ officers 10
9 New sections 145 to 148 inserted 11
145 Pending matters—Taxing Master 11
146 Pending matters—other courts and VCAT 13
147 Power to resolve transitional difficulties in proceedings 14
148 Regulations dealing with transitional matters—
Courts Legislation Amendment (Costs Court and
Other Matters) Act 2008 14
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Section Page
ii
PART 3—AMENDMENT OF OTHER ACTS 16
Division 1—Amendment of the Legal Profession Act 2004 16
10 References to Taxing Master 16
11 Legal Costs Committee 16
12 New section 3.4.25A inserted into Legal Profession Act 2004 17
3.4.25A Functions of the Legal Costs Committee 17
13 References to Taxing Master 17
14 Section 3.4.47 substituted 19
3.4.47 Appeal 19
Division 2—Amendment of the County Court Act 1958 20
15 Costs 20
Division 3—Amendment of the Magistrates' Court Act 1989 21
16 Cost to be in the discretion of the Court 21
17 New section 131A inserted 21
131A Costs may be determined by Costs Court 21
Division 4—Amendment of the Victorian Civil and Administrative
Tribunal Act 1998 22
18 Power to award costs 22
19 Section 111 substituted 22
111 Amount of costs 22
20 Immunity of participants 23
Division 5—Courts Legislation Amendment (Associate Judges)
Act 2008 23
21 Courts Legislation Amendment (Associate Judges) Act
2008—Acting appointments—vacancies 23
22 New section 142A inserted 23
142A Regulations dealing with transitional matters—
Courts Legislation Amendment (Associate Judges)
Act 2008 23
23 Courts Legislation Amendment (Associate Judges) Act
2008—transitional matters 24
Division 6—Consequential Amendments to Other Acts 26
24 New definitions inserted—Interpretation of Legislation
Act 1984 26
25 Crimes Act 1958 26
26 Instruments Act 1958 27
27 Land Acquisition and Compensation Act 1986 27
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Section Page
iii
PART 4—REPEAL OF AMENDING ACT 28
28 Repeal of Act 28
═══════════════
ENDNOTES 29
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1
Courts Legislation Amendment (Costs
Court and Other Matters) Act 2008 †
No. 78 of 2008
[Assented to 11 December 2008]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to establish and
provide for the operation of the Costs Court.
Victoria
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Part 1—Preliminary
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
2
2 Commencement
(1) This Part and Division 5 of Part 3 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 31 December
2009, it comes into operation on that day.
__________________
s. 2
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
3
PART 2—COSTS COURT
3 Definitions
In section 3(1) of the Supreme Court Act 1986
insert the following definitions—
"Costs Court means the Costs Court established
by section 17C;
Costs Judge means an Associate Judge allocated
to the Costs Court as a Costs Judge under
section 17E;
costs registrar means a person employed pursuant
to section 106(ac) who has functions and
powers under Division 2B of Part 2;".
4 Jurisdiction and powers
Before section 10(1)(b) of the Supreme Court
Act 1986 insert—
"(ac) without limiting paragraph (ab), all appeals
from the Costs Court constituted by a Costs
Judge which the Rules specify are to be
heard and determined by the Court of
Appeal;".
5 New Division 2B of Part 2 inserted
After Division 2A of Part 2 of the Supreme
Court Act 1986 insert—
"Division 2B—Costs Court
17C Costs Court established
(1) The Costs Court is established within the
Trial Division of the Supreme Court.
s. 3
See:
Act No.
110/1986.
Reprint No. 6
as at
28 April 2006
and
amending
Act Nos
48/2006,
24/2007,
8/2008, 9/2008,
23/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
4
(2) The Costs Court consists of such Associate
Judges as are from time to time allocated to
the Costs Court by the Chief Justice.
17D Powers and functions of Costs Court
(1) The Costs Court—
(a) has jurisdiction to hear and determine
the assessment, settling, taxation or
review of costs in all proceedings in the
Court;
(b) has jurisdiction to hear and determine
the assessment, settling, taxation or
review of costs in proceedings in—
(i) the County Court;
(ii) the Magistrates' Court;
(iii) VCAT—
if, by or under any Act, the Rules or the
Rules of those courts or VCAT, costs
are to be assessed, settled, taxed or
reviewed by the Costs Court;
(c) has jurisdiction to hear and determine
the assessment, settling, taxation or
review of costs in proceedings in—
(i) the County Court;
(ii) the Magistrates' Court;
(iii) VCAT—
if, by any order of a court or VCAT,
costs are to be assessed, settled, taxed
or reviewed by the Costs Court;
(d) has jurisdiction to hear and determine
the assessment, settling, taxation or
review of costs in proceedings in the
County Court, the Magistrates' Court or
VCAT, as the case requires, in which—
s. 5
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
5
(i) there is an entitlement to costs by
or under any Act, the Rules of the
County Court, the Magistrates'
Court or VCAT or arising from an
order of the County Court, the
Magistrates' Court or VCAT; and
(ii) the amount of those costs has not
been fixed by the court or by
VCAT;
(e) has jurisdiction to hear and determine
the assessment, settling, taxation or
review of costs in an arbitration, subject
to the Commercial Arbitration Act
1984;
(f) must hear and determine costs reviews
under Division 7 of Part 3.4 of
Chapter 3 of the Legal Profession Act
2004;
(g) must hear and determine any reviews
under Division 5 of Part 4 of the Legal
Practice Act 1996;
Note
See clause 3.1 of Part 3 of Schedule 2 to the
Legal Profession Act 2004.
(h) has any other jurisdiction in relation to
costs given to it—
(i) by or under this Act or any other
Act; or
(ii) by the Rules; or
(iii) by the Rules of another court or of
a tribunal.
(2) The Costs Court has such powers of the
Court as are necessary to enable it to
exercise its jurisdiction.
s. 5
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
6
(3) The Costs Court must exercise its
jurisdiction with as little formality and
technicality, and with as much expedition, as
the requirements of this Act, the Rules and
the proper consideration of the matters
before the Court permit.
(4) Subject to this Act and the Rules, the Costs
Court may regulate its own procedure.
17E Chief Justice to allocate Associate Judges
as Costs Judges
(1) The Chief Justice must allocate an Associate
Judge to be a Costs Judge of the Costs Court.
(2) The Chief Justice may allocate more than
one Associate Judge as a Costs Judge to the
Costs Court if the operational requirements
of the Costs Court so require.
17F Costs Judge may direct costs registrars
Subject to this Act or any other Act, the
Rules and any order of the Court, a Costs
Judge—
(a) may direct that costs, or costs of a
specific class or kind, be assessed,
settled, taxed or reviewed by a costs
registrar;
(b) may give general directions as to case
management by costs registrars.
17G Powers and functions of costs registrar
(1) Subject to the general direction and control
of a Costs Judge, a costs registrar may—
(a) assess, settle, tax or review costs in
accordance with directions under
section 17F and the Rules; and
s. 5
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Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
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7
(b) exercise the powers of the Costs Court
conferred on a costs registrar by or
under this Act or any other Act or by
the Rules.
(2) In the performance of his or her duties as a
costs registrar and the exercise of the powers
of the Costs Court under subsection (1), a
costs registrar is not subject to direction or
control under the Public Administration
Act 2004 or of any person or body.
(3) Subject to sections 17H and 17J, a
determination made by a costs registrar—
(a) has effect as a judgment, an order or a
direction (as the case requires) of the
Costs Court; and
(b) may be enforced accordingly.
(4) In performing functions and exercising
powers under this Division, a costs registrar
has the same protection and immunity as a
Costs Judge has in respect of the assessing,
settling, taxing or review of costs.
17H Review of costs registrar's determination
(1) Subject to the Rules, a party who objects to a
determination made by a costs registrar in
accordance with this Division may apply to
the Costs Court constituted by a Costs Judge
for a review of that determination.
(2) An application for review under
subsection (1) is to be made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
s. 5
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Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
8
(3) The Costs Court constituted by a Costs
Judge, on its own motion, may review a
determination of a costs registrar made in
accordance with this Division.
(4) A review under subsection (3) is to be
made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
(5) A review under this section is to be heard
and determined in accordance with the
Rules.
(6) Unless the Costs Court otherwise orders, a
review of a costs registrar's determination
under this section does not operate as—
(a) a stay of execution; or
(b) a stay of the proceedings under the
determination of the costs registrar to
which the review relates.
17I Appeals
Unless otherwise expressly provided for 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 a determination
of the Costs Court constituted by a Costs
Judge.
17J Costs in proceedings in another court or
VCAT
(1) An order of the Costs Court as to costs made
in the exercise of its jurisdiction under
section 17D(1)(b), (c) or (d)—
s. 5
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
9
(a) is taken to be to be an order of that
other court or VCAT; and
(b) may be enforced accordingly.
(2) In the exercise of its jurisdiction under
section 17D(1)(b), (c) or (d), the Costs Court
may assess, settle, tax or review costs in
accordance with—
(a) the Rules; or
(b) the Rules, including any scales of costs,
of the court in which the proceeding to
which the costs relate originated or of
VCAT, as the case requires.
17K Transfer of file
If the Costs Court is exercising its
jurisdiction in relation to costs in a
proceeding which originated in the County
Court, the Magistrates' Court or VCAT, the
court in which the proceeding originated or
VCAT, as the case requires, must cause the
record and all documents relating to the
proceeding to which the costs relate to be
sent to the Costs Court for the purposes of
the hearing and determination of the
assessment, settling, taxation or review of
costs in that proceeding.".
6 Power to make Rules
After section 25(1)(d) of the Supreme Court Act
1986 insert—
"(da) the practice and procedure of the Costs
Court, including, but not limited to generally
providing for matters in respect of the
assessment, settling, taxation and review of
costs by the Costs Court.
s. 6
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
10
(db) without limiting paragraph (da), the
performance of assessing, settling, taxing
and reviewing of costs by costs registrars,
including, but not limited to, the exercise by
costs registrars of the jurisdiction of the
Costs Court;
(dc) the transfer or referral of matters between the
Costs Court constituted by a Costs Judge and
the Costs Court constituted by a costs
registrar;
(dd) reviews by and appeals from the Costs
Court, whether constituted by a Costs Judge
or by a costs registrar;".
7 References to Taxing Master amended
(1) In section 101(1) of the Supreme Court Act
1986, for "Taxing Master" (where twice
occurring) substitute "Costs Court".
(2) Section 104(2)(b)(iii) of the Supreme Court Act
1986 is repealed.
(3) In the heading to section 112 of the Supreme
Court Act 1986 omit "and Taxing Master".
(4) Section 112(2) of the Supreme Court Act 1986
and the note at the foot of that subsection are
repealed.
8 Power to employ officers
After section 106(ab) of the Supreme Court Act
1986 insert—
"(ac) such costs registrars, deputy costs registrars
and other officers as are necessary for the
effective operation of the Costs Court; and".
s. 7
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
11
9 New sections 145 to 148 inserted
At the end of Part 8 of the Supreme Court Act
1986 insert—
"145 Pending matters—Taxing Master
(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 Taxing
Master and the Taxing Master 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) 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 was pending before the Taxing Master
and the Taxing Master had 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 and
for that purpose—
(a) the matter is to be taken to have
commenced in the Costs Court;
(b) anything done in relation to the matter
by the Taxing Master before the
commencement of section 5 of the
Courts Legislation Amendment
(Costs Court and Other Matters) Act
s. 9
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
12
2008, is taken to have been done by the
Costs Court;
(c) the Costs Court may have regard to any
record of the matter before the Taxing
Master, including any record of any
evidence taken in the matter;
(d) the procedure applying in the Costs
Court applies to the matter on and after
the commencement of section 5 of the
Courts Legislation Amendment
(Costs Court and Other Matters) Act
2008;
(e) anything done or omitted to be done in
relation to the matter by a party or any
other person before the commencement
of section 5 of the Courts Legislation
Amendment (Costs Court and Other
Matters) Act 2008, under or in
accordance with the procedure that
applied before that commencement is to
be taken, so far as is possible, to have
been done or omitted to be done under
or in accordance with the procedure
applying on and after that
commencement;
(f) any order made by the Costs Court may
only be reviewed or appealed against in
accordance with this Act as amended
by the Courts Legislation
Amendment (Costs Court and Other
Matters) Act 2008.
(3) This section applies irrespective of when the
order for costs was made or the entitlement
to costs arose in the proceeding to which the
assessment, settling, taxing or reviewing of
costs relates.
s. 9
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
13
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. 9
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
14
147 Power to resolve transitional difficulties in
proceedings
(1) If any difficulty arises because of the
operation of section 145 or 146(1) and (2) in
relation to a matter to which either of those
sections apply, the Costs Court constituted
by a Costs Judge may make an order it
considers appropriate to resolve the
difficulty.
(2) An order made under subsection (1)—
(a) may be made on application of a party
to the proceeding or on the motion of
the Costs Court, as the case requires;
and
(b) has effect despite any provision to the
contrary made by or under any Act.
148 Regulations dealing with transitional
matters—Courts Legislation Amendment
(Costs Court and Other Matters) Act 2008
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Courts
Legislation Amendment (Costs Court and
Other Matters) Act 2008 (including the
repeals and amendments made by that Act).
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on
or from the date that the Courts
Legislation Amendment (Costs Court
and Other Matters) Act 2008 receives
the Royal Assent; and
(b) be of limited or general application; and
s. 9 s. 9
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Part 2—Costs Court
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
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15
(c) leave any matter or thing to be decided
by a specified person or class of person;
and
(d) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
(3) Regulations under this section have effect
despite anything to the contrary in any Act
(other than this Act, the Charter of Human
Rights and Responsibilities Act 2006 or the
Courts Legislation Amendment (Costs
Court and Other Matters) Act 2008) or in
any subordinate instrument.".
__________________
s. 9
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
16
PART 3—AMENDMENT OF OTHER ACTS
Division 1—Amendment of the Legal Profession Act 2004
10 References to Taxing Master
(1) In section 3.1.1(2) of the Legal Profession Act
2004, for "Taxing Master of the Supreme Court"
substitute "Costs Court".
(2) In section 3.4.2 of the Legal Profession Act 2004,
the definition of Taxing Master is repealed.
(3) In section 3.4.17(4) of the Legal Profession Act
2004, for "Taxing Master" substitute "Costs
Court".
11 Legal Costs Committee
After section 3.4.25(1)(a) of the Legal Profession
Act 2004 insert—
"(ab) the Chief Judge or another judge of the
County Court nominated by the Chief Judge;
(ac) the Chief Magistrate or another magistrate
nominated by the Chief Magistrate;
(ad) the President of the Tribunal or another
member of the Tribunal nominated by the
President;".
s. 10
See:
Act No.
99/2004.
Reprint No. 2
as at
16 July 2007
and
amending
Act Nos
75/2006,
12/2007,
46/2007,
12/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
17
12 New section 3.4.25A inserted into Legal Profession
Act 2004
After section 3.4.25 of the Legal Profession Act
2004 insert—
"3.4.25A Functions of the Legal Costs Committee
(1) The Legal Costs Committee has the
functions conferred on it by this Act or any
other Act.
(2) The Legal Costs Committee may advise the
Judges of the Supreme Court, the judges of
the County Court, the Chief Magistrate and
the President of the Tribunal on any
desirable adjustments in scales of costs in
relation to litigious matters.
(3) The Legal Costs Committee may inquire into
and report to the Judges of the Supreme
Court, the judges of the County Court, the
Chief Magistrate and the President of the
Tribunal on the following—
(a) alternative structures to the existing
scales of costs;
(b) inconsistencies in scales of costs as
between jurisdictions;
(c) any other matter which the Committee
believes could make the conduct of
litigation less expensive.".
13 References to Taxing Master
(1) In the heading to Division 7 of Part 3.4 of
Chapter 3 of the Legal Profession Act 2004,
for "Taxing Master" substitute "Costs Court".
(2) In section 3.4.38(1) and (2) of the Legal
Profession Act 2004, for "Taxing Master"
substitute "Costs Court".
s. 12
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
18
(3) In section 3.4.38(6) of the Legal Profession Act
2004—
(a) for "Taxing Master" (where first occurring)
substitute "Costs Court";
(b) for "Court, on application by the Taxing
Master" substitute "Court constituted by a
Judge of the Court within the meaning of the
Supreme Court Act 1986, on referral by a
Costs Judge ".
(4) In section 3.4.39(1) of the Legal Profession Act
2004, for "Taxing Master" substitute "Costs
Court".
(5) In section 3.4.40(1) of the Legal Profession Act
2004, for "Taxing Master" substitute "Costs
Court".
(6) In section 3.4.41(2)(c) of the Legal Profession
Act 2004, for "Taxing Master" substitute "Costs
Court".
(7) In section 3.4.42 of the Legal Profession Act
2004, for "Taxing Master" (where twice
occurring) substitute "Costs Court".
(8) In section 3.4.43(1) of the Legal Profession Act
2004, for "Taxing Master" substitute "Costs
Court".
(9) In sections 3.4.44 and 3.4.44A of the Legal
Profession Act 2004, for "Taxing Master"
(wherever occurring) substitute "Costs Court".
(10) In section 3.4.44B of the Legal Profession Act
2004, for "Taxing Master" substitute "Victorian
Costs Court".
s. 13
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
19
(11) In section 3.4.45(1), (2) and (2A) of the Legal
Profession Act 2004, for "Taxing Master"
(wherever occurring) substitute "Costs Court".
(12) For section 3.4.45(3) of the Legal Profession Act
2004 substitute—
"(3) A Costs Judge of the Costs Court may refer
to the Supreme Court constituted by a Judge
of the Court within the meaning of the
Supreme Court Act 1986 any special
circumstances relating to a costs review and
the Supreme Court constituted by a Judge of
the Court may make any order the Court
thinks fit concerning the costs of the costs
review.".
(13) In section 3.4.46 of the Legal Profession Act
2004, for "Taxing Master" (wherever occurring)
substitute "Costs Court".
14 Section 3.4.47 substituted
For section 3.4.47 of the Legal Profession Act
2004 substitute—
"3.4.47 Appeal
A person may appeal from a decision of the
Costs Court in accordance with the Supreme
Court Act 1986 and the Rules of the
Supreme Court.".
s. 14
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
20
Division 2—Amendment of the County Court Act 1958
15 Costs
(1) At the foot of section 78A(1) of the County
Court Act 1958 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act
1986.".
(2) After section 78A(2) of the County Court Act
1958 insert—
"(3) The Court may order that the costs of, and
incidental to, a proceeding in the Court be
assessed, settled, taxed or reviewed by the
Costs Court.
Note
See section 146 of the Supreme Court Act 1986
which deals with transitional matters relating to the
Costs Court.".
s. 15
See:
Act No.
6230.
Reprint No. 12
as at
28 April 2006
and
amending
Act Nos
107/1986,
22/2006,
50/2006,
24/2007,
26/2007,
28/2007,
8/2008,
23/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
21
Division 3—Amendment of the Magistrates' Court Act 1989
16 Cost to be in the discretion of the Court
At the foot of section 131 of the Magistrates'
Court Act 1989 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act
1986.".
17 New section 131A inserted
After section 131 of the Magistrates' Court Act
1989 insert—
"131A Costs may be determined by Costs Court
Despite section 131(1), the Court may order
that the costs of, and incidental to, a
proceeding in the Court be assessed, settled,
taxed or reviewed by the Costs Court.
Note
See section 146 of the Supreme Court Act 1986
which deals with transitional matters relating to the
Costs Court.".
s. 16
See:
Act No.
51/1989.
Reprint No. 13
as at
15 August
2007
and
amending
Act Nos
77/2004,
62/2005,
51/2006,
50/2007,
52/2007,
53/2007,
8/2008,
12/2008,
18/2008,
23/2008 and
34/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 24 of 32 --
Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
22
Division 4—Amendment of the Victorian Civil and
Administrative Tribunal Act 1998
18 Power to award costs
At the foot of section 109 of the Victorian Civil
and Administrative Tribunal Act 1998 insert—
"Note
See section 17D(1)(b) to (d) of the Supreme Court Act
1986.".
19 Section 111 substituted
For section 111 of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"111 Amount of costs
If the Tribunal makes an order for costs,
the Tribunal—
(a) may fix the amount of costs itself; or
(b) may order that costs be assessed,
settled, taxed or reviewed by the Costs
Court.
Note
See section 146 of the Supreme Court Act 1986
which deals with transitional matters relating to the
Costs Court.".
s. 18
See:
Act No.
53/1998.
Reprint No. 5
as at
1 April 2007
and
amending
Act Nos
18/2003,
97/2005,
16/2006,
23/2006,
24/2006,
48/2006,
69/2006,
24/2007,
26/2007,
28/2007 and
4/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 25 of 32 --
Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
23
20 Immunity of participants
Section 143(8)(a) of the Victorian Civil and
Administrative Tribunal Act 1998 is repealed.
Division 5—Courts Legislation Amendment (Associate
Judges) Act 2008
21 Courts Legislation Amendment (Associate Judges)
Act 2008—Acting appointments—vacancies
In section 36 of the Courts Legislation
Amendment (Associate Judges) Act 2008,
after proposed section 105(3) of the Supreme
Court Act 1986 insert—
"(4) If an office of Associate Judge becomes
vacant, the Governor in Council may appoint
another Associate Judge to act in that office.
(5) An appointment under subsection (4) is for
the term (not exceeding 6 months) specified
in the instrument of appointment.
(6) A person appointed under subsection (4) has,
during the term of the appointment, all the
powers, and may during that term perform
all the duties, of the office to which that
person is appointed.".
22 New section 142A inserted
In section 73 of the Courts Legislation
Amendment (Associate Judges) Act 2008 after
proposed section 142 of the Supreme Court Act
1986 insert—
"142A Regulations dealing with transitional
matters—Courts Legislation Amendment
(Associate Judges) Act 2008
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
s. 20
See:
Act No.
24/2008.
Statute Book:
www.
legislation.
vic.gov.au
-- 26 of 32 --
Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
24
application or savings nature, arising as a
result of the enactment of the Courts
Legislation Amendment (Associate
Judges) Act 2008 (including the repeals and
amendments made by that Act).
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on
or from the date that the Courts
Legislation Amendment (Associate
Judges) Act 2008 received the Royal
Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided
by a specified person or class of person;
and
(d) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
(3) Regulations under this section have effect
despite anything to the contrary in any Act
(other than this Act, the Charter of Human
Rights and Responsibilities Act 2006 or the
Courts Legislation Amendment (Associate
Judges) Act 2008) or in any subordinate
instrument.".
23 Courts Legislation Amendment (Associate Judges)
Act 2008—transitional matters
(1) In section 73 of the Courts Legislation
Amendment (Associate Judges) Act 2008 after
proposed section 143(2) of the Supreme Court
Act 1986 insert—
"(3) Despite subsection (1), if the holder of an
office referred to in subsection (1)(a) to (d)
is, on the commencement of section 28 of the
s. 23
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
25
Courts Legislation Amendment (Associate
Judges) Act 2008, acting in an office
referred to in any of those paragraphs,
the person continues, on and from that
commencement, to hold that office on an
acting basis until the expiry of the acting
appointment.".
(2) In section 73 of the Courts Legislation
Amendment (Associate Judges) Act 2008 in
proposed section 144(b) of the Supreme Court
Act 1986, after "office of that Master" insert
"or, in the case of a former Master who held office
as a Specialist Supreme Court Master referred to
in the Judicial Salaries Act 2004, the annual
salary for the time being applicable to the office of
Specialist Supreme Court Master under that Act,
as the case requires".
(3) In section 82(3) of the Courts Legislation
Amendment (Associate Judges) Act 2008 in
proposed section 6(3A)(c) of the Judicial
Salaries Act 2004—
(a) after "other than" insert "the";
(b) for "Specialist Master of the Supreme Court"
substitute "Specialist Supreme Court
Master".
(4) In section 82(3) of the Courts Legislation
Amendment (Associate Judges) Act 2008 after
proposed section 6(3A) of the Judicial Salaries
Act 2004 insert—
"(3AB) Despite the commencement of section 28 of
the Courts Legislation Amendment
(Associate Judges) Act 2008, for the
purposes of sections 104A and 144 of the
Supreme Court Act 1986, a Specialist
Supreme Court Master continues to be
entitled, on and from that commencement, to
s. 23
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Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
26
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
Specialist Supreme Court Master bore to the
annual salary of a Supreme Court Judge in
the financial year 2004/2005.".
Division 6—Consequential Amendments to Other Acts
24 New definitions inserted—Interpretation of
Legislation Act 1984
In section 38 of the Interpretation of Legislation
Act 1984 insert the following definitions—
"Costs Court has the same meaning as it has in the
Supreme Court Act 1986;
Costs Judge has the same meaning as it has in the
Supreme Court Act 1986;".
25 Crimes Act 1958
(1) In section 2A(1) of the Crimes Act 1958, the
definition of Taxing Master is repealed.
(2) In section 450A(3) of the Crimes Act 1958, for
"Taxing Master" substitute "Costs Court".
(3) In section 453 of the Crimes Act 1958, for
"Taxing Master of the Court" substitute "Costs
Court".
(4) In section 578(2) of the Crimes Act 1958, for
"taxing master of the Supreme Court" substitute
"Costs Court".
s. 24
See:
Act No.
10096.
Reprint No. 9
as at
6 March 2007
and
amending
Act Nos
4/2008 and
30/2008.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
6231.
Reprint No. 20
as at
1 July 2008
and
amending
Act Nos
16/2004,
9/2008,
12/2008,
24/2008 and
34/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 29 of 32 --
Part 3—Amendment of Other Acts
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
27
26 Instruments Act 1958
In the Second Schedule to the Instruments Act
1958 for "costs assessed by the Court" substitute
"costs assessed by the Costs Court".
27 Land Acquisition and Compensation Act 1986
(1) In section 3(1) of the Land Acquisition and
Compensation Act 1986, the definition of Taxing
Master is repealed.
(2) In section 64 of the Land Acquisition and
Compensation Act 1986—
(a) in subsection (1), for "Taxing Master or
other proper officer of the Court" substitute
"Costs Court";
(b) in subsection (2), for "Taxing Master or
other proper officer" substitute "Costs
Court".
(3) In section 64(5) of the Land Acquisition and
Compensation Act 1986—
(a) for "Taxing Master or other proper officer"
substitute "Costs Court";
(b) for "Taxing Master or other officer"
substitute "Costs Court".
__________________
See:
Act No.
6279.
Reprint No. 10
as at
1 January
2003
and
amending
Act Nos
75/2003,
23/2004,
18/2005,
4/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
s. 26
See:
Act No.
121/1986.
Reprint No. 3
as at
1 January
1999
and
amending
Act Nos
27/2001,
63/2006,
81/2006,
12/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 30 of 32 --
Part 4—Repeal of Amending Act
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
28
PART 4—REPEAL OF AMENDING ACT
28 Repeal 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).
═══════════════
s. 28
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Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
No. 78 of 2008
29
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 20 August 2008
Legislative Council: 12 September 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the
Supreme Court Act 1986, the County Court Act 1958, the
Magistrates' Court Act 1989, the Victorian Civil and Administrative
Tribunal Act 1998 and the Legal Profession Act 2004 to establish the
Costs Court and provide for its operation, to consequentially amend other
legislation, to make other amendments to the Supreme Court Act 1986
and the Courts Legislation Amendment (Associate Judges) Act 2008
and for other purposes."
Endnotes
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