County Court (Chapter I Amendment No. 31) Rules 1997 (Vic)

County Court (Chapter I Amendment No. 31) Rules

1997

S.R. No. 128/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Order 41A inserted	1
ORDER 41A—APPLICATION UNDER SECTION 42E(1)
OF THE EVIDENCE ACT 1958	2
41A.01 Application of Order	2
41A.02 Form of application	2
41A.03 Filing	2
41A.04 Service	2
41A.05 Duty of applicant	2
41A.06 Payment of costs	2
6.	New Form 41AA inserted	3

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NOTES 5

i

STATUTORY RULES 1997

S.R. No. 128/1997

County Court Act 1958

County Court (Chapter I Amendment No. 31) Rules
1997

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

1. Object

The object of these Rules is to facilitate applications to the Court under section 42E(1) of the Evidence Act 1958.

2. Authorising provisions

These Rules are made under section 78 of the

County Act 1958 and all other enabling powers.

3. Commencement

These Rules come into operation on the day on which section 6 of the Evidence (Audio Visual and Audio Linking) Act 1997 comes into

operation.

4. Principal Rules

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

5. New Order 41A inserted

After Order 41 of the Principal Rules insert—

County Court (Chapter I Amendment No. 31) Rules 1997

r. 5 S.R. No. 128/1997

"ORDER 41A—APPLICATION UNDER

SECTION 42E(1) OF THE EVIDENCE ACT

1958

41A.01 Application of Order

This Order applies to an application for a
direction under section 42E(1) of the

Evidence Act 1958.

41A.02 Form of application

Notice of an application shall be in Form

41AA.

41A.03 Filing

The applicant shall file the notice at least 14 days before the person the subject of the application is due to appear before, or give evidence or make a submission to the Court.

41A.04 Service

As soon as practicable after the filing of the notice the applicant shall serve a copy on every other party.

41A.05 Duty of applicant

If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant shall notify the Registrar forthwith.

41A.06 Payment of costs

Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant.".

County Court (Chapter I Amendment No. 31) Rules 1997

S.R. No. 128/1997 r. 6

6. New Form 41AA inserted

After Form 41B to the Principal Rules insert—

"RULE 41A.02 FORM 41AA

NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE

EVIDENCE ACT 1958

[heading as in originating process]

PART 1— PARTICULARS OF APPLICATION

I, [name of applicant]

of [address of applicant or firm of solicitor for applicant]

hereby request an *audio visual/*audio link in accordance with the
following details—

1.      *Audio visual/*Audio link—

From [originating city/town]

To [receiving city/town]

2.      Type of hearing—[e.g.*Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]

3.      Number of persons to appear before, or give evidence by *audio visual/*audio link—

4.      Suggested time (if any) for link—

5.      Estimate of duration of link—

6.      Is this application being made with the consent of the parties to the proceeding?—

7.      If the answer to question 6 is No, what parties have not given consent?—

8.      If a hearing date has been fixed, what is the date of the hearing?—

I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)
County Court (Chapter I Amendment No. 31) Rules 1997

r. 6 S.R. No. 128/1997

The application will be heard before the Judge in the Court, [or the
Master in the Court] County Court, William Street, Melbourne on
[e.g. 20 June, 19 ] at a.m.[or p.m.] or so soon afterwards as the business

of the Court allows.

FILED [e.g. 15 June, 19 ].

*strike out as appropriate.".

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. 31) Rules 1997

S.R. No. 128/1997 Notes

NOTES

1 S.R. No. 49/1989. Reprinted to S.R. No. 12/1997 and subsequently

amended by 127/1997.