County Court (Chapter I Amendment No. 26) Rules 1996 (Vic)

County Court (Chapter I Amendment No. 26) Rules

1996

S.R. No. 34/1996

TABLE OF PROVISIONS

Regulation Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 1.13	1
5.	Amendment of Rule 6.04	1
6.	Amendment of Rule 7.01	2
7.	Amendment of Rule 8.06	2
8.	Amendment of Rule 19.01	2
9.	Amendment of Rule 33.03	2
10.	Amendment of Rule 34A.06	2
11.	Amendment of Rule 39.01	3
12.	Amendment of Rule 62.02	3
13.	Substitution of Order 64A	4

ORDER 64A	4
APPEALS TO THE COURT OF APPEAL OF THE SUPREME COURT	4

64A.01 Definition	4
64A.02 Application	4
64A.03 Notice of Appeal	4
64A.04 Statements of evidence etc., to be submitted to trial judge	4
64A.05 Judge's notes	5

14.	Amendment of Rule 66.04	5
15.	Amendment of Rule 68.06	5
16.	Amendment of Rule 70.01	5
17.	Amendment of Rule 71.04	5
18.	Amendment of Rule 71.09	5
19.	Amendment of Rule 71.14	5
20.	Amendment of Rule 72.01	5
21.	Amendment of Rule 73.01	6
22.	Substitution of Form 64AA	7

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Regulation Page

23.	Amendment to Form 72J	7
24.	Amendment to Appendix A	8

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NOTES 10

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STATUTORY RULES 1996

S.R. No. 34/1996

County Court Act 1958

County Court (Chapter I Amendment No. 26) Rules
1996

A majority of the Judges of the County Court makes the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 78 of the powers.

3. Principal Rules

In these Rules, the 1County Court Rules of the Principal Rules.

4. Amendment of Rule 1.13

In Rule 1.13(1) of the Principal Rules, in the definition of "Australia" omit "as amended and in force for the time being".

5. Amendment of Rule 6.04

In Rule 6.04 of the Principal Rules, in paragraph
(d), for "Commonwealth Act known as the
Judiciary Act 1903 as amended from time to time"
substitute "Judiciary Act 1903 of the
Commonwealth".

County Court (Chapter I Amendment No. 26) Rules 1996

S.R. No. 34/1996 r. 6

6. Amendment of Rule 7.01

In Rule 7.01(1) of the Principal Rules, in sub-paragraph (n), omit "as amended from time to time".

7. Amendment of Rule 8.06

In Rule 8.06(3) of the Principal Rules omit "as amended and in force for the time being"

8. Amendment of Rule 19.01

In Rule 19.01 of the Principal Rules, in the
definition of "the Act" for "Commonwealth Act
known as the Judiciary Act 1903 as amended from
time to time" substitute "Judiciary Act 1903 of

the Commonwealth".

9. Amendment of Rule 33.03

In Rule 33.03 of the Principal Rules—

(a)	in the definition of "medical practitioner" for "legally qualified medical practitioner under the Medical Practitioners Act 1970"
substitute "medical practitioner under the Medical Practice Act 1994"; and
(b)

for the definition of "psychologist" '"psychologist" means a registered

psychologist as defined by the

Psychologists Registration Act 1987.'.

10. Amendment of Rule 34A.06

In Rule 34A.06 of the Principal Rules, for
paragraph (3) substitute—

"(3) The Building Cases Division shall consist of

those proceedings commenced by writ
arising out of or in any way concerning any
agreement expressed or implied for—

County Court (Chapter I Amendment No. 26) Rules 1996

r. 11 S.R. No. 34/1996

(a)	the design or carrying out of building works;
(b)	the supervision or inspection of the construction of building works;
(c)	designer, engineer, quantity surveyor or

the performance by an architect, relation to the design or construction or the supervision or inspection of building works;

(d)

the manufacture or provision of any works.".

11. Amendment of Rule 39.01

In Rule 39.01(2) of the Principal Rules—

(1) in the definition of "bank" for

"Commonwealth Act known as the Banking
Act 1959 as amended from time to time"
substitute "Banking Act 1959 of the

Commonwealth".

(2) in the definition of "insurer" for

"Commonwealth Act known as the Insurance
Act 1973 as amended from time to time"
substitute "Insurance Act 1973 of the

Commonwealth".

12. Amendment of Rule 62.02

In Rule 62.02(1) of the Principal Rules, in sub-paragraph (f), for "Companies Code" substitute "Corporations Law".

County Court (Chapter I Amendment No. 26) Rules 1996

S.R. No. 34/1996 r. 13

13. Substitution of Order 64A

For Order 64A of the Principal Rules substitute—

'ORDER 64A

APPEALS TO THE COURT OF APPEAL OF THE

SUPREME COURT

64A.01 Definition

In this Order—

"Judge" means the Judge from whose

decision or order an appeal is made;

"the Supreme Court Rules" means Chapter

I of the Rules of the Supreme Court.

64A.02 Application

Order 64 of the Supreme Court Rules and this Order apply to appeals from a Judge of the County Court under section 74 of the Act.

64A.03 Notice of Appeal

(1) A notice of Appeal under section 74 of the Act shall be in Form 64AA.

(2) Within the time fixed by or under Order 64 of the Supreme Court Rules for the filing of the notice of appeal the appellant shall, in

addition to complying with Order 64, deliver

a copy of the notice to the Judge.

64A.04 Statements of evidence etc., to be submitted

to trial judge

Any rulings, charge to the jury or reasons for judgment proposed to be included in the

County Court (Chapter I Amendment No. 26) Rules 1996

r. 14 S.R. No. 34/1996

appeal book shall be submitted to the Judge for revision and shall be initialled by him as revised before inclusion in the appeal book.

64A.05 Judge's notes

Any party to an appeal may, by leave of the Judge on application in Form 64AB, obtain a copy of the Judge's notes taken at the hearing.'.

14. Amendment of Rule 66.04

In Rule 66.04(3) of the Principal Rules omit "as amended and in force for the time being".

15. Amendment of Rule 68.06

In Rule 68.06 of the Principal Rules omit "as amended and in force for the time being".

16. Amendment of Rule 70.01

In Rule 70.01 of the Principal Rules omit "as amended and in force for the time being".

17. Amendment of Rule 71.04

In Rule 71.04(3) of the Principal Rules, in sub-paragraph (a), omit "as amended and in force for the time being".

18. Amendment of Rule 71.09

In Rule 71.09(1) of the Principal Rules, in sub-paragraph (b), omit "as amended and in force for the time being".

19. Amendment of Rule 71.14

In Rule 71.14 of the Principal Rules omit "as amended and in force for the time being".

20. Amendment of Rule 72.01

In Rule 72.01 of the Principal Rules—

County Court (Chapter I Amendment No. 26) Rules 1996

S.R. No. 34/1996 r. 21

(1) in the definition of "earnings" for

"Commonwealth Acts known as the Social Security Act 1947 as amended from time to time, or the Seamen's Pensions and
Allowances Act 1940 as amended from time
to time" substitute "Social Security Act
1991 of the Commonwealth, or the Veterans'
Entitlements Act 1986 of the

Commonwealth".

(2) in the definition of "net earnings" for

"Commonwealth Act known as the Income Tax Assessment Act 1936 as amended from time to time" substitute "Income Tax
Assessment Act 1936 of the

Commonwealth".

21. Amendment of Rule 73.01

In Rule 73.01 of the Principal Rules—

(1) in the definition of "corporation" for "a

society within the meaning of the Building Societies Act 1986" substitute "a building society within the meaning of the Building Societies Act 1986".

(2) in the definition of "securities", in

sub-paragraph (a)(ii) —

(a) omit "or Companies Code"; and

(b) after "Commonwealth" (where
secondly occurring) insert "or under
the Corporations Law".

County Court (Chapter I Amendment No. 26) Rules 1996

r. 22 S.R. No. 34/1996

22. Substitution of Form 64AA

For Form 64AA to the Principal Rules substitute—

"RULE 64A.03(1)

FORM 64AA

NOTICE OF APPEAL

TAKE NOTICE that the plaintiff (or defendant) intends to
appeal to the Court of Appeal against the judgment of
His/Her Honour Judge given on [insert date e.g. 16
July 19 ].

The [identify party] appeals from [state whether the whole or part only and which part of the decision is complained of].

The grounds on which [identify party] relies are [state specifically and concisely the grounds of complaint in numbered paragraphs].

In place of the judgment or order from which the appeal is brought the [identify party] seeks [state the judgment or order sought].

G.H.

Practitioner for [identify party]

TO: E.F., Practitioner for the [identify party].".

23. Amendment to Form 72J

In Form 72J to the Principal Rules for the Repatriation Act 1920 as amended from time to time or the Seamen's War Pensions and Allowances Act 1940 as amended from time to

"Commonwealth Acts known as the Social

County Court (Chapter I Amendment No. 26) Rules 1996

S.R. No. 34/1996 r. 24

time" substitute "Social Security Act 1991 of the Commonwealth or the Veterans' Entitltements Act 1986 of the Commonwealth".

24. Amendment to Appendix A

In the Scale of Costs in Appendix A to the

Principal Rules—

(a) after item 20 insert—

"Mediation

20A Counsel or solicitor appearing at mediation

(a)	Half day (3	310.00	450.00	520.00	550.00
hours or part thereof)
(b)	Hourly rate	82.00	100.00	113.00	132.00
beyond half- day
(c)	Daily	561.00	833.00	923.00	969.00
maximum or if case settles within the day

Solicitor appearing to instruct at mediation

(d)	Half day (3	170.00	219.00	247.00	273.00
hours or part thereof)
(e)	Hourly rate	82.00	100.00	113.00	132.00
beyond half- day
(f)	Daily	410.00	535.00	595.00	660.00
maximum

Notes:

(i)

Sub-items (a), (b) and (c) are all conference and appearance.

(ii)          Despite item 29(h)(v), the Registrar may allow a higher fee for counsel or solicitor appearing at mediation.

County Court (Chapter I Amendment No. 26) Rules 1996

r. 24 S.R. No. 34/1996

(iii)         In circuit cases a circuit fee may be allowed by the Registrar in accordance with the First Schedule if in his opinion, having regard to all the circumstances, the fees in item 20A are insufficient.

Directions hearing

20B	Counsel or	88.00	150.00	150.00	150.00
solicitor appearing at directions hearing";

(b) in item 29(h)(v) after "scale of costs" insert ", apart from item 20A,".

Dated: 29 April 1996

G. R. D. WALDRON, CJ	J. MEAGHER
F. G. DYETT	B. H. STOTT
ALAN E. DIXON	A. F. SMITH
W. M. R. KELLY	J. H. BARNETT
J. K. NIXON	MURRAY B. KELLAM
L. S. OSTROWSKI	E. H. CURTAIN
W. FAGAN	R. G. WILLIAMS
J. T. DUGGAN	T. G. WODAK
L. R. HART	F. J. SHELTON
T. A. NEESHAM	WILLIAM R. WHITE
D. A. T. JONES	A. P. DUCKETT
J. R. HANLON	B. R. DOVE
F. B. LEWIS	MARILYN HARBISON
M. J. STRONG

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County Court (Chapter I Amendment No. 26) Rules 1996

S.R. No. 34/1996

NOTES

1 S.R. No. 49/1989. Reprinted (No. 2) to S.R. No. 47/1995 and subsequently

amended by S.R. Nos 146/1995 and 169/1995.