Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (DISCOVERY, DISCLOSURE AND OTHER MATTERS) ACT 2014 (NO. 25 OF 2014) - SECT 8

After Division 2 of Part 6.2 of Chapter 6 of the Principal Act insert —

" Division 3—Transitional provisions—Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014

        85     Application of amendments made by Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014

    (1)     The amendments made to this Act by the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 apply in relation to all civil proceedings commenced on or after the commencement of Part 2 of that Act.

    (2)     If a civil proceeding has commenced before the amendment of Part 4.2 of Chapter 4 by Part 2 of the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 , on and from the commencement of Part 2 of that Act, Part 4.2 of Chapter 4 as amended by that Act applies in relation to that proceeding.

    (3)     If a civil proceeding has commenced before the amendment of Part 4.3 of Chapter 4 by Part 2 of the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 , on and from the commencement of Part 2 of that Act, Part 4.3 of Chapter 4 as amended by that Act applies in relation to that proceeding.

        86     Power to resolve transitional difficulties in proceeding

    (1)     If any difficulty arises because of the operation of this Division or any amendments made to this Act by the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 in relation to a proceeding to which this Division applies, a court may make any 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 court's own motion, as the case requires; and

        (b)     has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).

        87     Regulations dealing with transitional matters

    (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 Part 2 of the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 .

    (2)     Regulations made under this section may—

        (a)     have a retrospective effect to a day on or from the date that the Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 receives the Royal Assent; and

        (b)     be of limited or general application; and

        (c)     differ according to differences in time, place or circumstances; and

        (d)     leave any matter or thing to be decided by a specified person or specified class of persons; and

        (e)     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 made under this section have effect despite anything to the contrary—

        (a)     in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006 ); or

        (b)     in any subordinate instrument.

    (4)     This section is repealed on the second anniversary of the day on which it comes into operation.".