County Court (Chapter II Amendment No. 3) Rules 2001 (Vic)

County Court (Chapter II Amendment No. 3) Rules

2001

S.R. No. 77/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	New Order 17	1
ORDER 17	1
JURY SERVICE APPEALS	1
17.01 Definitions	1
17.02 Application	2
17.03 Lodgment of appeal under section 10	2
17.04 Papers for Judge	3
17.05 Judge to consider papers	3
17.06 Hearing of appeal	3
17.07 If appellant does not appear at hearing	4

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ENDNOTES 5

i

STATUTORY RULES 2001

S.R. No. 77/2001

County Court Act 1958

Juries Act 2000

County Court (Chapter II Amendment No. 3) Rules
2001

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

1. Object

The object of these Rules is to provide for jury service appeals under the Juries Act 2000.

2. Authorising provisions

These Rules are made under section 78 of the County Court Act 1958, section 88(2) of the Juries Act 2000 and all other enabling powers.

3. Commencement

These Rules come into operation on 1 August

2001.

4. New Order 17

After Order 16 of the County Court Miscellaneous

Rules 19991 insert—

'ORDER 17

JURY SERVICE APPEALS

17.01 Definitions

In this Order—

County Court (Chapter II Amendment No. 3) Rules 2001

S.R. No. 77/2001 r. 4

"appellant" means any person who is

aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 of the Act;

"the Act" means the Juries Act 2000.

17.02 Application

This Order applies to any proceeding in the
Court under section 10 of the Act.

17.03 Lodgment of appeal under section 10

(1) An appellant shall deliver or send by post to

the Juries Commissioner a notice of appeal

stating—

(a)

the reasons why the appellant is decision; and

(b) whether the appellant wishes to have the appeal determined by the Judge without any attendance by or on behalf of the appellant.

(2) If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Juries Commissioner shall send to the appellant a

notice—

(a)

directing that the appellant within notice deliver or send by post reasons in writing to the Juries Commissioner; and

(b) stating that if the appellant fails to do so the appeal will be taken to be abandoned.

(3) If the appellant fails to deliver or send by

post written reasons in accordance with the

County Court (Chapter II Amendment No. 3) Rules 2001

r. 4 S.R. No. 77/2001

notice in paragraph (2), the appeal is

abandoned.

17.04 Papers for Judge

After receiving a notice of appeal and reasons the Juries Commissioner shall without delay deliver all papers relating to the appeal to a Judge nominated by the Chief Judge.

17.05 Judge to consider papers

(1) If the appellant has expressed the wish to

have the appeal determined without any
attendance by or on behalf of the appellant,

the Judge after examining the papers may—

(a) determine the appeal on the papers; or

(b) set a date, time and place for hearing the appeal.

(2) In any other case, the Judge after examining

the papers may—

(a) allow the appeal on the papers; or

(b) set a date, time and place for hearing the appeal.

(3) The Juries Commissioner shall without delay

notify the appellant of the Judge's

determination under this Rule.

17.06 Hearing of appeal

Subject to Rule 17.07, at the hearing of an appeal the Judge—

(a) shall hear the appellant; and

(b)	may permit the Juries Commissioner to take part in the appeal; and
(c)	shall conduct the appeal in such manner as the interests of justice require.

County Court (Chapter II Amendment No. 3) Rules 2001

S.R. No. 77/2001 r. 4

17.07 If appellant does not appear at hearing

(1) If at the hearing of the appeal there is no

attendance by or on behalf of the appellant, the Judge may determine the appeal on the papers.

(2) The Juries Commissioner shall without delay

notify the appellant of the Judge's

determination under this Rule.'.

Dated: 30 July 2001

G. R. D. WALDRON, CJ	A. P. DUCKETT
F. G. DYETT	MARILYN HARBISON
L. S. OSTROWSKI	S. P. GEBHARDT
T. A. NEESHAM	J. M. PANNAM
D. A. T. JONES	TIMOTHY HOLT
C. KEON-COHEN	CAROLYN DOUGLAS
R. P. L. LEWIS	TIM WOOD
J. H. BARNETT	IAN C. ROBERTSON
R. G. WILLIAMS	G. R. ANDERSON
FRED DAVEY	LANSELL PILGRIM
STUART CAMPBELL	K. M. WILLIAMS
M. G. McINERNEY	JOHN BOWMAN
T. G. WODAK	R. LEWITAN
F. J. SHELTON	J. NICHOLSON
WILLIAM R. WHITE

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County Court (Chapter II Amendment No. 3) Rules 2001

Endnotes	S.	R. No. 77/2001
ENDNOTES

1 Rule 4: S.R. No. 78/1999. Reprinted incorporating amendments as at

20 April 2000.