County Court (Chapter II Amendment No. 10) Rules 1997 (Vic)

County Court (Chapter II Amendment No. 10)

Rules 1997

S.R. No. 129/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Order 11A inserted	1
ORDER 11A—APPLICATIONS UNDER PART IIA OF
THE EVIDENCE ACT 1958	2
11A.01 Application of Order	2
11A.02 Application under section 42E	2
11A.03 Application under section 42L	2
11A.04 Application under section 42M	2
11A.05 Application under section 42N	3
11A.06 Application under section 42P	3
6.	New Forms 2–11AA and 2–11AB inserted	3

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NOTES 6

i

STATUTORY RULES 1997

S.R. No. 129/1997

County Court Act 1958

County Court (Chapter II Amendment No. 10)
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 Part IIA 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 Miscellaneous

Rules 19891 are called the Principal Rules.

5. New Order 11A inserted

After Order 11 of the Principal Rules insert—

County Court (Chapter II Amendment No. 10) Rules 1997

r. 5 S.R. No. 129/1997

'ORDER 11A—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958

11A.01 Application of Order

This Order applies to applications under Part

IIA of the Evidence Act 1958.

11A.02 Application under section 42E

An application under section 42E(1) of the
Act shall be made in accordance with Order

41A of Chapter I.

11A.03 Application under section 42L

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42L of the Act shall be in Form 2–11AA;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

11A.04 Application under section 42M

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42M of the Act shall be in Form 2–11AB;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

County Court (Chapter II Amendment No. 10) Rules 1997

S.R. No. 129/1997 r. 6

11A.05 Application under section 42N

Unless the application is made in accordance with sub-section (3)—

(a)	notice of an application under section 42N of the Act shall be in Form 2–11AB; and
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

11A.06 Application under section 42P

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42P of the Act shall be in Form 2–11AB;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.".

6. New Forms 2–11AA and 2–11AB inserted

After Form 2–11F to the Principal Rules insert—

"RULE 11A.03 FORM 2–11AA

NOTICE OF APPLICATION UNDER SECTION 42L OF THE

EVIDENCE ACT 1958

In the County Court

at

The Queen

v.

[name of accused]
County Court (Chapter II Amendment No. 10) Rules 1997

r. 6 S.R. No. 129/1997

PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it.

Type of hearing—[insert details].
Date of hearing—[insert details]
The grounds on which this application is made are—[set out grounds]

Date—

[Signature]

RULES 11A.04,	FORM 2–11AB
11A.05 and 11A.06

NOTICE OF APPLICATION UNDER SECTION 42M, 42N or

42P OF THE EVIDENCE ACT 1958

In the County Court

at

The Queen

v.

[name of accused]

PART 1—PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link.

1.      Type of hearing—[insert details].

2.      Date of hearing—[insert details].

3.      The grounds on which this application is made are—[set out grounds]

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

5.      If the answer to question 4 is No, what parties have not given consent?—

6.      If the accused is in custody, do facilities exist for an audio visual

County Court (Chapter II Amendment No. 10) Rules 1997

S.R. No. 129/1997 r. 6

link?—

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)

The application will be heard before the Judge 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 ].".

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 II Amendment No. 10) Rules 1997

Notes S.R. No. 129/1997

NOTES

1 S.R. No. 181/1989. Reprinted to S.R. No. 145/1994 and subsequently

amended by S.R. Nos 146/1995 and 165/1996.