County Court (Chapter I Amendment No. 35) Rules 1998 (Vic)

County Court (Chapter I Amendment No. 35) Rules

1998

S.R. No. 85/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Solicitor ceasing to act	1
5.	Heading of document	2
6.	Form of document	3
7.	Damages List	3
8.	Damages (Applications) Division of Damages List	3
9.	Annexures and exhibits	4
10.	Judge, Master or Registrar to authenticate judgment given or
order	4
11.	Rule 71.01 definitions	4
12.	Reference to co-operative inserted	5
13.	Rule 73.01 definition	5
14.	New Form 43A inserted	5
15.	Amendment to Forms 61D and 61K	6

═══════════════

NOTES 7

i

STATUTORY RULES 1998

S.R. No. 85/1998

County Court Act 1958

County Court (Chapter I Amendment No. 35) Rules
1998

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 County Court Rules of the Principal Rules.

4. Solicitor ceasing to act

(1) For Rule 20.03(2) of the Principal Rules

substitute—

"(2) A notice under paragraph (1) shall state the

address of the party last known to the

solicitor and—

(a) if a proceeding has been set down for trial in Melbourne, the day on which the proceeding is fixed for hearing; or

County Court (Chapter I Amendment No. 35) Rules 1998

r. 5 S.R. No. 85/1998

(b)	if a proceeding has been set down for trial elsewhere than in Melbourne, the first day of the next sitting of the Court
at the place for which it is set down for trial.".

(2) In Rule 20.03(3) of the Principal Rules, for

sub-paragraph (b) substitute—

"(b) where a proceeding has been set down

for trial—

(i)  in Melbourne, within 60 days of the day on which the proceeding has been fixed for hearing; or

(ii)  elsewhere than in Melbourne, within 60 days of the next sitting of the Court at the place for which it is set down for trial.".

5. Heading of document2

(1) For Rule 27.02(3) of the Principal Rules

substitute—

"(3) Subject to paragraphs (5) and (6), the

heading of a document shall include the title
to the proceeding and the title to the

proceeding shall name the parties.".

(2) For Rule 27.02(5) of the Principal Rules

substitute—
'(5) Where there are more than two plaintiffs the

heading of a document shall state the full name of the first plaintiff followed by the words "and others" and similarly with

respect to defendants and other parties.'.

County Court (Chapter I Amendment No. 35) Rules 1998

S.R. No. 85/1998 r. 6

(3) In Rule 27.02(6) of the Principal Rules—

(a) for "the document is entitled" substitute "the heading of the document is"; and

(b) in paragraph (a), omit "attached".

6. Form of document

(1) In Rule 27.03(5) of the Principal Rules for "and

the title to the proceeding" substitute "of the

document".

(2) In Rule 27.03(6) of the Principal Rules omit "and

the title to the proceeding".

7. Damages List

In Rule 34A.03(c) of the Principal Rules, after
sub-paragraph (iv), insert—

"(v) section 6 of the Choice of Law (Limitation

Periods) Act 1993.".

8. Damages (Applications) Division of Damages List

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

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

(Applications) Division".

(2) In Rule 34A.04(2) of the Principal Rules after

"Defamation Division" insert ", Damages
(Medical) Division or the Damages (Applications)

Division".

(3) After Rule 34A.04(4) of the Principal Rules

insert—

"(5) The Damages (Applications) Division shall

consist of any proceeding referred to in Rule
34A.03(c).".

County Court (Chapter I Amendment No. 35) Rules 1998

r. 9 S.R. No. 85/1998

9. Annexures and exhibits

(1) In Rule 43.06(2) of the Principal Rules for "title"

substitute "heading".

(2) After Rule 43.06(2) of the Principal Rules

insert—
"(3) The certificate shall be in Form 43A and

shall contain in the bottom right hand corner of the page in bold type and in a font size not less than 20 points the distinguishing mark

of the exhibit and a brief and specific
description of the exhibit.".

10.  Judge, Master or Registrar to authenticate judgment given or order 3

For Rule 60A.04(1) of the Principal Rules
substitute—

"(1) Where a judgment given or an order other

than a judgment or order under Rule 59.06 is
to be authenticated, it shall be

authenticated—

(a)	in accordance with Rule 60A.02(1)(a) and the form of the order shall be signed by the Judge or Master who gave the judgment or made the order; or
(b)	by the Registrar in accordance with Rule 60A.02(1)(b).".

11. Rule 71.01 definitions

In Rule 71.01(1) of the Principal Rules—

(a) insert the following definition—
' "co-operative" means a body registered or

deemed to be registered under the Co-
operatives Act 1996 as a co-
operative;';

County Court (Chapter I Amendment No. 35) Rules 1998

S.R. No. 85/1998 r. 12

(b) in the definition of "society" omit "and a society registered under Part III of the Co- operation Act 1981".

12. Reference to co-operative inserted

(1) In Rule 71.03(1) of the Principal Rules for "in a bank or in a society" substitute "in a bank, co- operative or society".

(2) In Rule 71.03(2) of the Principal Rules for "in a bank or in a society" substitute "in a bank, co- operative or society".

13. Rule 73.01 definition

(2) In Rule 73.01 of the Principal Rules, in the

definition of "corporation", for "society registered
under Part III of the Co-operation Act 1981"
substitute "body registered or deemed to be
registered under Part 2 of the Co-operatives Act

1996 as a co-operative".

14. New Form 43A inserted

After Form 42D to the Principal Rules insert—

'RULE 43.06 FORM 43A

CERTIFICATE IDENTIFYING EXHIBIT

[heading as in affidavit]

This is the exhibit marked [e.g. "ABC1"] now produced and shown to

[identify deponent] at the time of swearing his affidavit on [date].

[Signature of the person taking affidavit]

[state distinguishing mark of exhibit

and briefly and specifically describe exhibit:

e.g. Exhibit "ABC1"

Letter BHP to CRA 15/6/09]*

* print distinguishing mark and description in bold type and in a font size not less than 20 points
in lower right hand corner of the page.'.

County Court (Chapter I Amendment No. 35) Rules 1998

r. 15 S.R. No. 85/1998

15. Amendment to Forms 61D and 61K

(1) In Form 61D to the Principal Rules for—

"[Follow Form 60C except as below.]
[heading as in originating process]"
substitute—
"[heading as in originating process]

[follow Form 60C except as below]".

(2) In Form 61K to the Principal Rules for—

"[Follow Form 81C except as below] [heading as in originating process]" substitute—

"[heading as in originating process] [follow Form 60C except as below]".

Dated: 29 June 1998

G. R. D. WALDRON, Chief Judge	A. F. SMITH
J. R. O'SHEA	J. H. BARNETT
P. U. RENDIT	JOHN DEE
JOHN K. NIXON	M. G. McINERNEY
L. S. OSTROWSKI	T. G. WODAK
J. T. HASSETT	F. J. SHELTON
G. R. G. CROSSLEY	WILLIAM R. WHITE
D. A. T. JONES	A. P. DUCKETT
J. R. HANLON	B. R. DOVE
M. C. KIMM	S. P. GEBHARDT
M. HIGGINS	TIMOTHY HOLT
CHESTER KEON-COHEN	CAROLYN DOUGLAS
M. J. STRONG	IAN C. ROBERTSON

═══════════════

County Court (Chapter I Amendment No. 35) Rules 1998

S.R. No. 85/1998 Notes

NOTES

1 Rule 3: S.R. No. 49/1989. Reprinted to S.R. No. 12/1997 and subsequently

amended by S.R. Nos 127/1997, 128/1997, 130/1997, 174/1997 and
36/1998.

2 Rule 5: The heading to Rule 27.02 is changed to "Heading of document".

3 Rule 10: The heading to Rule 60A.04 is changed to "Judge, Master or

Registrar to authenticate judgment given or order".