County Court (Chapters I and Ii Miscellaneous Amendments) Rules 2013 (Vic)

County Court (Chapters I and II Miscellaneous Amendments) Rules 2013

S.R. No. 166/2013

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENTS TO CHAPTER I

4Address for service of defendant

5Form 8A substituted

Form 8A—Notice of Appearance

PART 3—AMENDMENTS TO CHAPTER II

6Revocation of spent revocation provisions

7Application for leave to abandon appeal out of time

8Rule 2.11 substituted

2.11Order striking out appeal

9Rule 2.13 substituted

2.13Recording of decision

10Notice of abandonment of appeal

11Forms 2−2K and 2−2M revoked

12Application to set aside order striking out appeal for failure to appear

═══════════════

ENDNOTES

STATUTORY RULES 2013

S.R. No. 166/2013

County Court Act 1958

County Court (Chapters I and II Miscellaneous Amendments) Rules 2013

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

PART 1—PRELIMINARY

1Object

The object of these Rules is—

(a)to amend Rule 8.06 and Form 8A in Chapter I of the Rules of the County Court to reflect the requirements of the Trans-Tasman Proceedings Act 2010 of the Commonwealth for address for service in a notice of appearance; and

(b)to amend Chapter II of the Rules of the County Court—

(i)to revoke certain Rules and Forms that are no longer required and update other Rules and Forms; and

(ii)to revoke spent revocation provisions.

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 23 December 2013.

__________________

PART 2—AMENDMENTS TO CHAPTER I

4Address for service of defendant

In Rule 8.06(3) of the County Court Civil Procedure Rules 2008[1], after "Commonwealth" insert "or the Trans-Tasman Proceedings Act 2010 of the Commonwealth".

5Form 8A substituted

For Form 8A of the County Court Civil Procedure Rules 2008 substitute—

"FORM 8A

Rule 8.05(1)

NOTICE OF APPEARANCE

[heading as in originating process]

FILE an appearance for [full name of defendant] the abovenamed defendant.

Dated:

[Signed]

The address of the defendant is

[insert address].

*[Where the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].

*[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].

*[Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria] The address of the defendant within Victoria for service is [insert address].

*[Where neither of those Acts applies and the defendant appears by a solicitor] The name or firm and the business address within Victoria of the solicitor for the defendant is [insert name or firm and business address].

*[Where neither of those Acts applies and the solicitor is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].

*delete if not applicable.

__________________".

PART 3—AMENDMENTS TO CHAPTER II

6Revocation of spent revocation provisions

(1)Rule 1.05 of the County Court Miscellaneous Rules 2009[2] is revoked.

(2)Schedule 1 to the County Court Miscellaneous Rules 2009 is revoked.

7Application for leave to abandon appeal out of time

In the County Court Miscellaneous Rules 2009—

(a)Rule 2.09 is revoked;

(b)Form 2−2H is revoked.

8Rule 2.11 substituted

For Rule 2.11 of the County Court Miscellaneous Rules 2009 substitute—

"2.11   Order striking out appeal

If an order striking out an appeal under section 328 of the Children, Youth and Families Act 2005 is made, the Registrar shall cause a copy of the order to be forwarded to the Registrar of the Children's Court at the venue of the court from which that appeal was brought.".

9Rule 2.13 substituted

For Rule 2.13 of the County Court Miscellaneous Rules 2009 substitute—

"2.13   Recording of decision

(1)When an appeal under section 328 of the Children, Youth and Families Act 2005 is determined by the Court, the Associate to the Judge who heard the appeal shall in all cases record particulars of the decision.

(2)The record under paragraph (1) constitutes the final record of the order of the Court on the appeal.

(3)If a number of appeals are heard together, it is necessary for the particulars of each order or dismissal the subject of the appeal to be recorded in full.".

10Notice of abandonment of appeal

In Form 2−2G of the County Court Miscellaneous Rules 2009 for—

"IN THE COUNTY COURT

OF VICTORIA" substitute—

"IN THE COUNTY COURT  Appeal No:

OF VICTORIA".

11Forms 2−2K and 2−2M revoked

Forms 2−2K and 2−2M of the County Court Miscellaneous Rules 2009 are revoked.

12Application to set aside order striking out appeal for failure to appear

In Form 2−2N of the County Court Miscellaneous Rules 2009—

(a)for "To: The Registrar of the County Court    Appeal No: [date]" substitute—

"IN THE COUNTY COURT               Appeal No:

OF VICTORIA

AT

To: The Registrar of the County Court";

(b)for "MAGISTRATES' COURT" substitute "CHILDREN'S COURT".

Dated:    13 December 2013

M. ROZENES, Chief Judge	P. G. MISSO
M. G. McINERNEY	K. L. BOURKE
M. B. HARBISON	J. M. J. PATRICK
C. D. DOUGLAS	P. M. E. WISCHUSEN
G. R. ANDERSON	P. G. LACAVA
J. A. NICHOLSON	F. R. GUCCIARDO
J. A. SMALLWOOD	P. M. TAFT
S. M. COHEN	F. SACCARDO
M. E. SEXTON	M. A. GAMBLE
F. E. HOGAN	G. P. MULLALY
E. M. GAYNOR	K. E. KINGS
J. A. CAMPTON	J. D. MONTGOMERY
W. A. WILMOTH	J. L. PARRISH
F. MILLANE	M. H. TINNEY
S. S. DAVIS	G. T. CANNON
F. P. HAMPEL	R. J. H. MAIDMENT
J. G. MORRISH	R. H. SMITH
P. D. GRANT	M. F. MACNAMARA
S. E. PULLEN	W. E. STUART
A. J. HOWARD	D. G. BROOKES
L. A. HANNAN	J. A. JORDAN
M. D. MURPHY	C. J. RYAN
M. E. KENNEDY	P. J. COSGRAVE
C. M. O'NEILL	G. F. MEREDITH
D. L. ALLEN	R. W. DYER

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 148/2008.  Reprint No. 1 as at 7 November 2012.  Reprinted to S.R. No. 104/2012.  Subsequently amended by S.R. Nos 85/2012, 166/2012, 167/2012, 36/2013, 69/2013, 122/2013 and 136/2013.

[2] Rule 6(1): S.R. No. 56/2009 as amended by S.R. Nos 183/2009, 185/2009 and 104/2012.