County Court (Chapters I and Iii Judicial Registrar Amendment) Rules 2020 (Vic)

County Court (Chapters I and III Judicial Registrar Amendment) Rules 2020

S.R. No. 16/2020

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Objects

2Authorising provisions

3Commencement

Part 2—Amendment of Chapter III

4New Order 2A inserted

Part 3—Consequential amendment of Chapter I

5Proceedings that may be dealt with by judicial registrars

6Review by Judge of judicial registrar decisions

7Judicial registrar may act for another

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Endnotes

STATUTORY RULES 2020

S.R. No. 16/2020

County Court Act 1958

County Court (Chapters I and III Judicial Registrar Amendment) Rules 2020

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

Part 1—Preliminary

1Objects

The objects of these Rules are—

(a)to amend Chapter III of the Rules of the County Court to provide for judicial registrars to perform duties and exercise powers of the Court in certain matters to which those Rules relate; and

(b)to consequentially amend Chapter I of the Rules of the County Court.

2Authorising provisions

These Rules are made under sections 4(1C) and 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 10 March 2020.

Part 2—Amendment of Chapter III

4New Order 2A inserted

After Order 2 of the County Court Criminal Procedure Rules 2019[1] insert—

"Order 2A—Judicial registrars

2A.1Authority of judicial registrars

For the purposes of hearing and determining a matter referred to in this Order—

(a)the judicial registrar constitutes the Court; and

(b)subject to this Order, all the powers of the Court in relation to the hearing and determining of such a matter are delegated to the judicial registrar.

2A.2Authority of judicial registrars—directions hearings

(1)A judicial registrar may conduct directions hearings under Division 1 of Part 5.5 of the Criminal Procedure Act 2009.

(2)Subject to Rule 2A.3, a judicial registrar may, at a directions hearing—

(a)exercise the powers of the Court under section 181 of the Criminal Procedure Act 2009;

(b)adjourn a plea hearing or trial, if the adjournment is unopposed; and

(c)vacate a plea hearing date or trial date, if the vacation is unopposed.

2A.3Limitations on authority of judicial registrar in directions hearings

A judicial registrar does not have authority, in a directions hearing or otherwise, to exercise the power of the Court under—

(a)section 181(2)(i) of the Criminal Procedure Act 2009 to determine any objection relating to the disclosure of information or material by the prosecution;

(b)section 181(2)(k) of the Criminal Procedure Act 2009 to determine an application for a sentence indication; or

(c)section 181(3) of the Criminal Procedure Act 2009 to make any order or other decision referred to in that subsection.

2A.4Authority of judicial registrars—mentions

(1)Subject to this Rule, a judicial registrar may, at a mention in a criminal proceeding, make or vary any direction or order, or require a party to do anything that the Court considers necessary for the fair and efficient conduct of the proceeding.

(2)Without limiting paragraph (1), a judicial registrar may—

(a)require the accused to advise whether the accused is legally represented and has funding for continued legal representation up to and including the trial;

(b)require the parties to notify the Court of any pre-trial issues that the parties intend to raise or any orders under section 199(1) of the Criminal Procedure Act 2009 that the parties intend to seek;

(c)set a timetable of the hearing of pre‑trial issues or applications for orders under Division 3 or 4 of Part 5.5 of the Criminal Procedure Act 2009;

(d)in the case of a trial for a sexual offence in which the complainant was a child or a person with a cognitive impairment when the criminal proceeding was commenced—

(i)require the prosecutor to advise as to the availability of the complainant, and the accused to advise as to the accused's own availability for the special hearing to be held under Division 6 of Part 8.2 of the Criminal Procedure Act 2009;

(ii)give a direction under section 370(1A) of the Criminal Procedure Act 2009 that the special hearing is to be held before the trial or during the trial; and

(iii)if the special hearing is to be held during the trial, specify the date on which the special hearing is to commence;

Note

See section 5 of the Criminal Procedure Act 2009 as to the commencement of a criminal proceeding.

(e)require the parties to provide an estimate of the length of the trial;

(f)require the parties to advise as to the estimated number and the availability of witnesses (other than the accused) and any relevant requirements of witnesses and interpreters;

(g)order a party to provide any written or oral material, or file in Court or serve any written material, required by the Court for the purposes of the proceeding;

(h)order the prosecution to file in Court and serve on the accused a copy of any material on which the prosecution intends to rely at the trial;

(i)allow a party to amend a document that has been prepared by or on behalf of that party for the purposes of the proceeding;

(j)adjourn a plea hearing or trial, if the adjournment is unopposed; and

(k)vacate a plea hearing date or trial date, if the vacation is unopposed.

2A.5Authority of judicial registrars—bail

A judicial registrar may—

(a)grant an application to extend the bail of an accused, if the application is unopposed;

(b)make an order for the remand or further remand of an accused, if no application for bail is made;

(c)vary any condition of bail by consent or if the application to vary is unopposed; or

(d)revoke the bail of an accused, if the revocation is unopposed.

2A.6Authority of judicial registrars—bringing accused or appellant before the Court

A judicial registrar may make an order to bring an accused or an appellant who is in custody before the Court pursuant to—

(a)regulations made under the Corrections Act 1986; or

(b)section 490 of the Children, Youth and Families Act 2005.

2A.7Authority of judicial registrars—subpoenas

A judicial registrar may make an order fixing the last date for service of a subpoena in accordance with Rule 42.03(8) of Chapter I of the Rules of the County Court.

Note

See Rule 1.09 of this Chapter of the Rules of the County Court in relation to subpoenas generally.

2A.8 Review by Judge of judicial registrar determinations

(1)In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order.

(2)A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the own motion of the Court constituted by a Judge or on application by a party to the proceeding.

(3)An application under paragraph (2) is to be made by notice filed with the Court, stating—

(a)whether the whole or part only of the determination is the subject of the review;

(b)if part only of the determination is the subject of the review, which part; and

(c)what determination is sought in place of the determination that is the subject of the review.

(4)A copy of the notice under paragraph (3) must be served on each other party to the proceeding within 14 days after the date of the determination.

(5)A review under this Rule shall be conducted by way of hearing de novo.

(6)In conducting a review in accordance with this Rule, the Court constituted by the Judge may—

(a)exercise all the powers and discretions of the Court with respect to the subject matter of the review; and

(b)confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires.

(7)On the review, each party may, subject to any proper objections to admissibility—

(a)rely upon any affidavit used before the judicial registrar and upon any evidence given orally before the judicial registrar; and

(b)by leave of the Court, rely on any affidavit or oral evidence not used or given before the judicial registrar.

(8)Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates.

2A.9Judicial registrar may act for another

If circumstances so require, another judicial registrar may hear and determine a matter which a judicial registrar is authorised by this Order to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined.".

Part 3—Consequential amendment of Chapter I

5Proceedings that may be dealt with by judicial registrars

(1)In Rule 84.02(1) of the County Court Civil Procedure Rules 2018[2], after "proceedings" insert "(other than matters and proceedings to which Chapter III of the Rules of the County Court relates)".

(2)For Rule 84.02(2)(c) and (d) of the County Court Civil Procedure Rules 2018 substitute—

"(c)except to the extent provided for in Order 2A of Chapter III of the Rules of the County Court—

(i)any proceeding relating to the liberty of the subject;

(ii)any criminal proceeding;

Note

See Order 2A of Chapter III of the Rules of the County Court for the authority of judicial registrars in criminal proceedings and other proceedings to which that Chapter relates.".

6Review by Judge of judicial registrar decisions

Before Rule 84.03(1) of the County Court Civil Procedure Rules 2018 insert—

"(1AA)This Rule does not apply to an order of the Court constituted by a judicial registrar under Order 2A of Chapter III of the Rules of the County Court.

Note

Rule 2A.8 of Chapter III of the Rules of the County Court provides for a review of such an order.".

7Judicial registrar may act for another

At the end of Rule 84.04 of the County Court Civil Procedure Rules 2018 insert—

"(2)This Rule does not apply in relation to an application to which Order 2A of Chapter III of the Rules of the County Court applies.

Note

Rule 2A.9 of Chapter III of the Rules of the County Court provides for judicial registrars to act for each other in proceedings and matters to which that Chapter relates.".

Dated:   4 March 2020

P. B. KIDD, Chief Judge	R. H. SMITH
R. A. LEWITAN	M. F. MACNAMARA
S. M. COHEN	D. G. BROOKES
I. E. LAWSON	C. J. RYAN
W. A. WILMOTH	P. J. COSGRAVE
F. MILLANE	G. F. MEREDITH
S. E. PULLEN	R. W. DYER
K. L. BOURKE	C. M. QUIN
P. M. E. WISCHUSEN	A. J. CHAMBERS
M. TAFT	S. L. HINCHEY
M. GAMBLE	E. W. WOODWARD
G. P. MULLALY	C. R. GWYNN
K. E. KINGS	D. A. TRAPNELL
J. L. PARRISH	M. O'CONNELL
M. H. TINNEY	P. R. RIDDELL
G. T. CANNON	M. C. FOX
J. F. CARMODY	M. CAHILL
S. K. DAWES	R. CARLIN
S. JOHNS	K. J. DOYLE
D. SEXTON	A. L. HASSAN
M. MARICH	F. DALZIEL
G. A. GEORGIOU

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Endnotes

[1] Rule 4: S.R. No. 126/2019.

[2] Rule 5: S.R. No. 170/2018 as amended by S.R. Nos 29/2019, 69/2019, 106/2019 and 142/2019.