County Court (Chapter II Amendment No. 4) Rules 2001 (Vic)

County Court (Chapter II Amendment No. 4) Rules

2001

S.R. No. 123/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Rule 4.02.1 inserted	2
4.02.1 Definition	2
6.	Amendment to Rule 4.03	2
7.	Heading to Rule 4.05	2
Application for leave to appear and to defend and for leave to
commence more than one proceeding on 2 or more bills	2
8.	Amendment to Rule 4.05(1)	2
9.	Amendment to Form 2–4A	2
10.	Forms 2–4B and 2–4C inserted	3

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ENDNOTES 6

i

STATUTORY RULES 2001

S.R. No. 123/2001

County Court Act 1958

County Court (Chapter II Amendment No. 4) Rules
2001

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 concerning proceedings in the Court under the Instruments Act 1958.

2. Authorising provisions

These Rules are made under section 78 of the powers.

3. Commencement

These Rules come into operation on 1 December

2001.

4. Principal Rules

In these Rules, the County Court Miscellaneous
Rules 19991 are called the Principal Rules.

County Court (Chapter II Amendment No. 4) Rules 2001

S.R. No. 123/2001 r. 5

5. New Rule 4.02.1 inserted

After Rule 4.02 of the Principal Rules insert—

'4.02.1 Definition

In this Order—

"bill" has the same meaning as in section 3

of the Instruments Act 1958.'.

6. Amendment to Rule 4.03

In Rule 4.03 of the Principal Rules omit "of exchange or promissory note".

7. Heading to Rule 4.05

Insert the following heading to Rule 4.05 of the

Principal Rules—

"Application for leave to appear and to
defend and for leave to commence more

than one proceeding on 2 or more bills".

8. Amendment to Rule 4.05(1)

For Rule 4.05(1) of the Principal Rules
substitute—

"(1) An application by—

(a)	a defendant, for leave to appear and to defend a proceeding; and
(b)	a bearer or holder of 2 or more matured bills for leave to commence more than one proceeding in respect thereof against the same person—

shall be made to a Judge without notice to

any person.".

9. Amendment to Form 2–4A

In Form 2–4A to the Principal Rules for
"solicitor" (wherever occurring) substitute "legal
practitioner".

County Court (Chapter II Amendment No. 4) Rules 2001

r. 10 S.R. No. 123/2001

10. Forms 2–4B and 2–4C inserted

After Form 2–4A to the Principal Rules insert—

"Rule 4.05

FORM 2–4B

APPLICATION FOR LEAVE TO APPEAR AND TO DEFEND

(Instruments Act 1958)

In the County Court	Court ref:
at

A.B.	Plaintiff
and
C.D.	Defendant

PART 1—PARTICULARS OF APPLICATION

THE DEFENDANT seeks the leave of the Court to file an appearance to the writ and to defend the proceeding.

*1. On [date] the sum of $ (being the sum claimed in the writ) was paid

into court by the defendant.

* 1. The affidavit(s) of [name of deponents] setting out the facts upon which

the defendant relies in this application are filed herewith.

2. The date of service of the writ was [insert date].
Date—

[Signature] *Defendant

*Defendant's legal practitioner

County Court (Chapter II Amendment No. 4) Rules 2001

S.R. No. 123/2001 r. 10

PART 2—PARTICULARS OF HEARING

THIS APPLICATION will be heard before the Judge in the Practice Court at the County Court at [address] on [date] at [time].

[Registrar]

*delete if inapplicable

—————————

Rule 4.05

FORM 2–4C

APPLICATION FOR LEAVE TO COMMENCE MORE THAN

ONE PROCEEDING ON 2 OR MORE BILLS

(Instruments Act 1958)

In the County Court	Court ref:
at

A.B.	Plaintiff
and
C.D.	Defendant

PART 1—PARTICULARS OF APPLICATION

THE PLAINTIFF seeks the leave of the Court to commence the following further proceeding under the Instruments Act 1958 against [name of defendant].

The following is a copy of the proposed writ in the further proceeding— the Instruments Act 1958 in respect of matured bills against the defendant—

[Here attach copy of proposed writ]

County Court (Chapter II Amendment No. 4) Rules 2001

r. 10 S.R. No. 123/2001

[Here set out details of the proceeding(s) and in respect of each proceeding
include its title, relevant court reference, amount claimed and amount

outstanding]

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

THIS APPLICATION will be heard before the Judge in the Practice Court at the County Court at [address] on [date] at [time].

[Registrar]".

Dated: 20 November 2001

G. R. D. WALDRON, Chief Judge	B. R. DOVE
F. G. DYETT	MARILYN HARBISON
JOHN K. NIXON	J. M. PANNAM
L. S. OSTROWSKI	IAN C. ROBERTSON
J. T. DUGGAN	G. R. ANDERSON
G. R. G. CROSSLEY	P. D. JENKINS
D. A. T. JONES	K. M. WILLIAMS
J. H. BARNETT	R. LEWITAN
E. H. CURTAIN	G. G. HICKS
FRED DAVEY	J. A. SMALLWOOD
M. G. McINERNEY	S. M. COHEN
T. G. WODAK	M. E. SEXTON
F. J. SHELTON	F. E. HOGAN
WILLIAM R. WHITE

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County Court (Chapter II Amendment No. 4) Rules 2001

S.R. No. 123/2001 Endnotes

ENDNOTES

1 Rule 4: S.R. No. 78/1999. Reprint (No. 1) as at 20 April 2000. Reprinted

to S.R. No. 114/1999. Subsequently amended by S.R. No. 77/2001.