County Court (Chapter I Case Management Amendment) Rules 2019 (Vic)
County Court (Chapter I Case Management Amendment) Rules 2019
S.R. No. 142/2019
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
4Principal Rules
Part 2—Appeals and Post Sentence Applications List
5Common Law Division
6Lists of Common Law Division
Part 3—Application of Chapter I
7Application
8New Rule 34A.03.1 inserted
Part 4—Application of various Parts of Order 34A
Division 1—Application of Part 1 of Order 34A
9Rule 34A.01 substituted
Division 2—Application of Part 2 of Order 34A
10New Rule 34A.13A inserted
Division 3—Application of Part 3 of Order 34A
11New Rule 34A.14A inserted
Division 4—Application of Part 4 of Order 34A
12New Rule 34A.16A inserted
Division 5—Application of Part 5 of Order 34A
13New Rule 34A.17.2 inserted
14Directions
Division 6—Application of Part 6 of Order 34A
15New Rule 34A.25A inserted
Division 7—Application of Part 7 of Order 34A
16New Rule 34A.26A inserted
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Endnotes
STATUTORY RULES 2019
S.R. No. 142/2019
County Court Act 1958
County Court (Chapter I Case Management Amendment) Rules 2019
A majority of the Judges of the County Court makes the following Rules:
Part 1—Preliminary
1Object
The object of these Rules is to amend Chapter I of the Rules of the County Court—
(a)to provide for the Appeals and Post Sentence Applications List of the Common Law Division; and
(b)to clarify—
(i)the application of Chapter I to different proceedings; and
(ii)the operation of the proceedings Parts of Order 34A to different proceedings.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 16 December 2019.
4Principal Rules
In these Rules the County Court Civil Procedure Rules 2018[1] are called the Principal Rules.
Part 2—Appeals and Post Sentence Applications List
5Common Law Division
(1)In Rule 34A.03(h) of the Principal Rules, for "1974." substitute "1974;".
(2)After Rule 34A.03(h) of the Principal Rules insert—
"(i)any appeal under—
(i)section 114 of the Family Violence Protection Act 2008;
(ii)section 91 of the Personal Safety Intervention Orders Act 2010; or
(iii)section 328 of the Children, Youth and Families Act 2005;
(j)any application under the Serious Offenders Act 2018; or
(k)any application under section 85B or 86(1A)(a) of the Sentencing Act 1991.".
6Lists of Common Law Division
(1)In Rule 34A.04(1) of the Principal Rules—
(a)in paragraph (g) omit "and";
(b)in paragraph (h), for "List." substitute "List; and";
(c)after paragraph (h) insert—
"(i)the Appeals and Post Sentence Applications List.".
(2)After Rule 34A.04(10) of the Principal Rules insert—
"(11)The Appeals and Post Sentence Applications List shall consist of any proceeding referred to in Rule 34A.03(i), (j) or (k).".
Part 3—Application of Chapter I
7Application
(1)In Rule 1.05(2) of the Principal Rules, after "Chapter II" insert "or III".
(2)At the foot of Rule 1.05 of the Principal Rules insert the following Note—
"Note
Rule 34A.03.1 deals further with the application of this Chapter of the Rules of the County Court, and other Chapters, to proceedings within the Common Law Division of the Court.".
8New Rule 34A.03.1 inserted
After Rule 34A.03 of the Principal Rules insert—
"34A.03.1 Effect of certain proceedings being within Common Law Division
In providing that the Common Law Division consists of the proceedings referred to in the paragraphs of Rule 34A.03, that Rule—
(a)does not affect the application of any other Chapter of the Rules of the County Court that provides for procedure in relation to those proceedings; and
(b)does not of itself operate to require that the Rules of another Order of this Chapter apply to those proceedings.".
Part 4—Application of various Parts of Order 34A
Division 1—Application of Part 1 of Order 34A
9Rule 34A.01 substituted
For Rule 34A.01 of the Principal Rules substitute—
"34A.01 Application of Part
This Part applies to—
(a)every civil proceeding in the Court; and
(b)every other proceeding referred to in Rule 34A.03—
irrespective of which Chapter of the Rules of the County Court applies to those proceedings.".
Division 2—Application of Part 2 of Order 34A
10New Rule 34A.13A inserted
Before Rule 34A.14 of the Principal Rules insert—
"34A.13A Application of this Part
This Part applies to any proceeding in the Common Law Division or the Commercial Division.".
Division 3—Application of Part 3 of Order 34A
11New Rule 34A.14A inserted
Before Rule 34A.15 of the Principal Rules insert—
"34A.14A Application of this Part
This Part applies to any proceeding in the Common Law Division or the Commercial Division other than a proceeding in the Appeals and Post Sentence Applications List.".
Division 4—Application of Part 4 of Order 34A
12New Rule 34A.16A inserted
Before Rule 34A.17 of the Principal Rules insert—
"34A.16A Application of this Part
This Part applies to any proceeding in the Common Law Division or the Commercial Division other than a proceeding in the Appeals and Post Sentence Applications List.".
Division 5—Application of Part 5 of Order 34A
13New Rule 34A.17.2 inserted
Before Rule 34A.18 of the Principal Rules insert—
"34A.17.2 Application of this Part
Except where otherwise specified by a Rule of this Part, this Part applies to any proceeding in the Common Law Division or the Commercial Division other than a proceeding in the Appeals and Post Sentence Applications List.
Note
Rule 34A.19 also applies to a proceeding in the Appeals and Post Sentence Applications List—see paragraph (2) of that Rule.".
14Directions
At the end of Rule 34A.19 of the Principal Rules insert—
"(2)Despite Rule 34A.17.2, this Rule also applies to a proceeding in the Appeals and Post Sentence Applications List.".
Division 6—Application of Part 6 of Order 34A
15New Rule 34A.25A inserted
Before Rule 34A.26 of the Principal Rules insert—
"34A.25A Application of this Part
This Part applies to any proceeding in the Common Law Division or the Commercial Division other than a proceeding in the Appeals and Post Sentence Applications List.".
Division 7—Application of Part 7 of Order 34A
16New Rule 34A.26A inserted
Before Rule 34A.27 of the Principal Rules insert—
"34A.26A Application of this Part
This Part applies to any proceeding in the Common Law Division or the Commercial Division other than a proceeding in the Appeals and Post Sentence Applications List.".
Dated: 12 December 2019
| P. B. KIDD, Chief Judge | J. F. CARMODY |
| S. M. COHEN | M. F. MACNAMARA |
| M. E. SEXTON | P. J. COSGRAVE |
| I. E. LAWSON | R. W. DYER |
| E. M. GAYNOR | C. M. QUIN |
| P. J. COISH | S. L. HINCHEY |
| W. A. WILMOTH | A. J. CHAMBERS |
| F. MILLANE | S. L. MARKS |
| S. S. DAVIS | G. L. LYON |
| J. G. MORRISH | E. W. WOODWARD |
| S. E. PULLEN | D. A. TRAPNELL |
| M. D. MURPHY | M. O'CONNELL |
| C. M. O'NEILL | A. RYAN |
| K. L. BOURKE | T. WRAIGHT |
| M. TAFT | M. CAHILL |
| F. SACCARDO | M. MARICH |
| M. GAMBLE | A. S. PILLAY |
| G. P. MULLALY | R. CARLIN |
| J. L. PARRISH | K. J. DOYLE |
| M. H. TINNEY | M.C. FOX |
| M. E. DEAN |
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Endnotes
[1] Rule 4: S.R. No. 170/2018 as amended by S.R. Nos 29/2019 and 69/2019.
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