County Court (Chapter I Amendment No. 30) Rules 1997 (Vic)

County Court (Chapter I Amendment No. 30) Rules

1997

S.R. No. 127/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 20.03	1
5.	Amendment of Rule 27.03	2
6.	Amendment of Rule 34A.04	2
7.	Amendment of Rule 34A.25	2
8.	New Rule 63A.16.2	3

63A. 16.2 Proceeding or counterclaim dismissed 3

9. Amendment to Form 15A 3

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NOTES 5

i

STATUTORY RULES 1997

S.R. No. 127/1997

County Court Act 1958

County Court (Chapter I Amendment No. 30) Rules
1997

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

County Act 1958 and all other enabling powers.

3. Principal Rules

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

4. Amendment of Rule 20.03

(1) After Rule 20.03(3)(b) of the Principal Rules

insert—

"(c) within 28 days after a proceeding has been

finally determined subject only to an appeal,

if any, to the Court of Appeal.".

(2) After Rule 20.03(3) of the Principal Rules

insert—

"(4) Except by leave of the Court of Appeal, a

solicitor shall not file a notice under
paragraph (1) where in the proceeding—

County Court (Chapter I Amendment No. 30) Rules 1997

r. 5 S.R. No. 127/1997

(a)	a summons for leave to appeal to the Court of Appeal has been filed; or
(b)	notice of appeal to the Court of Appeal has been served.".

5. Amendment of Rule 27.03

In Rule 27.03(3) of the Principal Rules after

"typewritten" insert "in at least 12 point type".

6. Amendment of Rule 34A.04

(1) In Rule 34A.04(1) of the Principal Rules for "and

the Defamation Division" substitute ", the
Defamation Division and the Damages (Medical)

Division".

(2) After Rule 34A.04(3) of the Principal Rules

insert—
"(4) The Damages (Medical) Division shall

consist of any proceeding that includes a claim for damages in respect of death or bodily injury resulting from medical or the

like treatment or advice given in respect of

any physical or mental condition.".

7. Amendment of Rule 34A.25

At the end of Rule 34A.25 of the Principal Rules
insert—
"(2) Unless a notice under Rule 20.01 has been

filed and served, a solicitor for a party to whom a notice of a directions hearing is given under paragraph (1) shall not file a notice of ceasing to act for that party under

Rule 20.03, except by leave of the Court.".

County Court (Chapter I Amendment No. 30) Rules 1997

S.R. No. 127/1997 r. 8

8. New Rule 63A.16.2

After Rule 63A.16.1 of the Principal Rules insert—

"63A.16.2 Proceeding or counterclaim dismissed

(1) A proceeding that is or stands dismissed by

or under an order of the Court or these Rules
shall, unless the Court otherwise orders, be
taken to be a proceeding that is dismissed
with costs.

(2) Paragraph (1) shall, with any necessary

modification, apply to a counterclaim and to
a claim by third party notice as if the
counterclaim or third party claim were a

proceeding.".

9. Amendment to Form 15A

In Form 15A to the Principal Rules—

(a)	after "to the Registrar for the benefit of the plaintiff" insert "[where appropriate and $ to the Health Insurance Commission]";
(b)	for "to be paid out" substitute "and pay it out";

(c) after—

"5. Upon payment by the defendant of the

sum[s] and costs referred to, the
proceeding be forever stayed." insert—

"5A. If under Rule 79.10(2) of Chapter

I of the Rules of the Supreme moneys are paid to the Supreme Court they be held in court for the benefit of the plaintiff, the Registrar shall thereafter remit the said moneys and any interest

Court, the Senior Master of the

County Court (Chapter I Amendment No. 30) Rules 1997

r. 9 S.R. No. 127/1997

accrued thereon to the Senior plaintiff.".

Dated: 20 November 1997

G. R. D. WALDRON, Chief Judge	A. F. SMITH
F. G. DYETT	MURRAY KELLAM
JOHN K. NIXON	E. H. CURTAIN
FRANK WALSH	FRED DAVEY
L. S. OSTROWSKI	STUART CAMPBELL
J. T. DUGGAN	M. G. McINERNEY
G. R. G. CROSSLEY	MARGARET RIZKALLA
T. A. NEESHAM	T. G. WODAK
D. A. T. JONES	F. J. SHELTON
J. R. HANLON	WILLIAM R. WHITE
M. HIGGINS	A. P. DUCKETT
F. B. LEWIS	J. M. PANNAM
CHESTER KEON-COHEN	TIMOTHY HOLT
LESLIE C. ROSS	CAROLYN DOUGLAS

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County Court (Chapter I Amendment No. 30) Rules 1997

S.R. No. 127/1997 Notes

NOTES

1 S.R. No. 49/1989. Reprinted (No. 3) to S.R. No. 12/1997.