Judges and Associate Judges
Judges
All Judges are appointed by the Governor-in-Council on advice of the Executive Council. In October 2003, the eligibility criteria to be appointed a Judge of the Supreme Court of Victoria were broadened to be consistent with the eligibility criteria to be a Judge of the High Court of Australia and the Federal Court of Australia. The criteria provide that to be eligible for appointment as a Judge of the Supreme Court of Victoria, a person must be or have been a Judge of the High Court of Australia, or of a Court created by the Parliament of the Commonwealth or a Court of Victoria or another State or Territory or has been admitted to legal practice in Victoria, another State or Territory for not less than five years.
Judges must retire on attaining the age of 70 years, or 72 in the case of a Judge appointed prior to 1 July 1986.
At the time of appointment as a Judge, a Judge takes an Oath or Affirmation of Office. That Oath is, to '... at all times and in all things discharge the duties of my office according to law, and to the best of my knowledge and ability without fear, favour or affection.'
In accordance with the Oath or Affirmation, a very important part of the role of a Judge is to preside over the hearing of a case as an 'impartial referee' and ensure that the rules of evidence and proper procedures are followed. A Judge also directs a jury and answers any questions a jury may have during a trial or when deliberating.
In the Supreme Court of Victoria, all criminal cases are heard before a Judge and jury. The jury gives the verdict based on the evidence presented in Court and the Judge imposes the appropriate penalty for those found guilty.
Some civil cases are heard before a Judge and jury. In these cases, generally the jury decides if the plaintiff has established its claim and determines the amount of money (damages) to be awarded, the calculation of which is in accordance with a formula.
In civil cases heard before a Judge without a jury, the Judge decides if the plaintiff has established its claim and gives judgment.
Associate Judges
Upon the commencement of the Courts Legislation Amendment (Associate Judges) Act 2008 on 17 December 2008 the office of the Master of the Supreme Court was replaced with the office of the Associate Judge.
Associate Judges are members of the Court who carry out judicial functions generally in the Civil jurisdiction of the Court, which would have to be performed by Judges, if there were no Associate Judges. Generally, Associate Judges hear and determine issues which arise before and after trial in civil cases. When a civil case commences in the Court, an Associate Judge's role is to set a timetable for the filing and exchange of documents between the parties in order to prepare the case for trial. An Associate Judge will then ensure that the parties are complying with the timetable and if not, take appropriate action. In the Court of Appeal, the Associate Judges also assist the Judges of Appeal in the Criminal jurisdiction.
Like Judges, Associate Judges are appointed by the Governor-in-Council and must have at least five years' experience as a barrister or solicitor or both, but in practice, all Supreme Court Associate Judges have many more years experience. Associate Judges must retire on attaining the age of 70 years.
In addition to that outlined above, some Associate Judges have specialist roles:
The Associate Judge who is the Senior Master
The Associate Judge who is the Senior Master is responsible for the administration and co-ordination of the judicial business of Associate Judges. The Senior Master is also responsible for all activities of the Senior Master's Office.
The Associate Judge who is the Taxing Master
The functions of the Taxing Master are to carry out the judicial function of assessing bills of lawyers' costs, both in respect of costs ordered by the Court to be paid by one party to the other and costs as between a solicitor and his or her client.
The Associate Judge who is the Listing Master
The Listing Master is responsible for the fixing of dates for trial of civil cases before Judges. This position is also responsible for ensuring to the greatest extent possible the smooth flow of proceedings to trial and maximising the efficient use of Judges' time, of Courts, and of other resources of the Court.
Registrar of Criminal Appeals
The Registrar's role is to work with the parties to prepare an appeal for hearing before Judges of the Court of Appeal. In order to do this, the Registrar of the Court of Appeal will often hear and determine various applications relating to an appeal, prior to the hearing of the actual appeal.
Registrar of the Court of Appeal
In addition to his work as the Registrar of Criminal Appeals, the Registrar of the Court of Appeal has general responsibility for the Registry of the Court of Appeal; constant liaison with the President and frequent contact with the other Judges of the Court of Appeal; and general responsibility for all matters arising in the Civil jurisdiction of the Court of Appeal, including applications to an Associate Judge.