An Associate Judge Is Appointed Under Section 35 Of Determination Act 1958

Question 1

The Supreme Court was assented on the 16th of December 1986. The ACT number is 110 1986. The commencement of the Act is 1 January 1987. The version incorporating amendments was 1 May 2016.The long title of the bill is ‘"A Bill to amend and consolidate the law relating to the Supreme Court, to repeal the Supreme Court Act 1958, to amend the Constitution Act 1975, to amend various Acts in relation to procedure in the Supreme Court, to vary the law applicable to civil litigation in Victoria and for other purposes.’

Question 2

Section 35 of the INTERPRETATION OF LEGISLATION ACT 1984 states a construction would promote the purpose and objective of the act or the subordinate instrument. This is preferred instead of a construction,

as it does not promote the purpose and object. Section 35 refers tot the principles and aids of the interpretation.
The Interpretation Act 1984 Victoria
A subordinate instrument is -
• Is of legislative
• By-law
• A statutory rule r regulation
• Ordinary or schemes.

Question 3

An associate judge is appointed under section 104 and section 75 (4) of the Constitution Act 1975. The act requires an associate judge to be engaged under section 105D and to perform the duties given to an associate judge in the period of the engagement and should be acting under Section 105H. Being a associate judge means you are a member of the judicial panel but you not be a Chief Justice in the jurisdiction.

The judge of the court means they have authority to here case and give justice to the parties. The governor-general appoints the judges in Australia. It can be found in section 75(3) of the Constitution Act 1975. A reserve judge is engaged under section 81B of the Constitution Act to take the duties of the judge of the court in the period of engagement and must be acting under section 81GA of the Act.
The definitions are open definitions as there are articulated about all through the document.

Question 4
Under section 10 the court of appeal can here
a) All appears from the trail division, which is constituted by a judge of the court.
b) They are additional jurisdictions in the court of appeal under the act and the commonwealth

act.
c) The appeals from the county court, which is constituted by the judge of that court.
d) The court of appeal can here appeals, applications, questions and other matters, whether civil or criminal, which, by or under the act.

Section 10.2 – the court of appeal has an additional jurisdiction and here’s matters related to the act and the commonwealth act.

Question 5 (a)

Section 17
(1) The trail division is constituted by a judge in a court and will here and determines all matter, civil or criminal
(1A) The trail division is constituted by a judge in a court and will here and determines all matter, civil or criminal. Under this act the court of appeal can hear the rule.

Section 17 AA
(b) The provision is made of rules for a judge or associate to follow in matters.

The rule provides delegation to the judicial registrars and gives powers to the court in hearing and determination of matters.

Question 5 (B) s13

Section 13
States that a must not seat in a hearing in appeal from judgment that has been tried before them.
(a) A judge of appeal or an additional judge of the trail division cannot sit in a hearing of a new trail given that the judges were the ones that constituted the new trail.

Question 6
A proceeding means a matter being heard in court but it cannot be a criminal proceeding. The case describes the proceedings as where a person makes use of the machinery in the court to brings forward a claim or resist a claim or apply for relief against another and this constitutes a proceeding. The word proceeding can be found in section 3 (1) of Supreme Court Act 1986.

Section 23 of the interpretation of the Legislation 1986 is relevant to the decision as where an Act presents energy to make a subordinate instrument, expressions utilized as a part of a subordinate instrument made in the activity of that force should, unless the opposite aim shows up, have the same particular implications as they have in the Act giving the force as revised and in power for

now.

Question 7

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
The judge can use other materials such an endnotes, index and other materials which does not form part of the act, which is known as extrinsic materials.

The judge may use examples of diagrams and notes included in the act this is known as extrinsic material.
The judge can use intrinsic material like punctuation include in the act, which are passed before 1 January 2001 also seen in Section 36 (3B).
A provision number are section numbers, subsections, and paragraphs and subparagraphs all form part of intrinsic material as they form part of the act. Whether it was inserted before or after 1 January 2001.

Question 8

In statement Gleeson is saying it is functional operation, a great part of the law influencing the society of today which includes a difficult argument of enactment and law standards. For example, statutory plans of outsider protection continue upon the premise of the vicarious obligation of proprietors of vehicles emerging from a regarded office, once in a while in astonishing circumstances.

The non-feasance rule is a principle of statutory development. It was produced and clarified generally speaking about the way to deal with be taken by courts in choosing whether a statute giving a force, or forcing an obligation, to keep up or repair open streets makes, or denies, or is reliable or conflicting with, common risk to a street client who endures harm to individual or property as a consequence of the state of a street.

Question 9
Being a Judicial officer means
1. (a) The judge in court, but cannot be a judge of the court and a judicial judge can be a reserve judge.
(b) A judicial officer can be an associate judge and reserve judge.
(c) A judicial officer a judicial registrar.
2. The chief justice has the responsibility of managing their own professional development and continually progressing their education and must train the judicial officers.

3. They have to fulfill his or her duties under subsection (2).
(a) The chief justice must direct all judicial officers.
(b) The chief justice must be a specified class judicial officer.
(c) Must be a specified judicial officer.
4. A direction can be given under subsection (3), it can be orally or in writing.

On going training is continuous training for a judge to continue to get better at their job and to fully understand a new legislations and law. Doing further education will help further there knowledge and understanding of how the law works in our society. On going training and development will help to specialize skills, learn about the latest development and will help to grow within the practice.

The defining of a judicial officer was amended by section 28(1).

Question 10

The Supreme Court Act 1986will help me have a further understanding in the different roles of the judges. It will help me with using extrinsic and intrinsic material. It will also help me refer to ho w the county and magistrates court refers to the act for future judgments.it will also help me to examine the role of a judge and have a better understanding of the different judges. I will be able to use the Supreme Court Act 1986 to further explain the court of appeal, court rules, immunities and protection, group proceedings and sittings and powers and procedures.