County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 (Vic)
County Court (Chapters I and III Miscellaneous Amendments) Rules 2014
S.R. No. 100/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Objects
2Authorising provisions
3Commencement
PART 2—CHAPTER I AMENDED
4Motor car or accidental death or bodily injury
5Notice for discovery
6New Order 82 inserted
ORDER 82
PROCEDURE UNDER THE OPEN COURTS ACT 2013
82.01Definitions
82.02Notice of application for suppression order
7New Form 82A inserted
Form 82A—Notice of Application for Suppression Order
PART 3—CHAPTER III AMENDED
8New Order 9 inserted
ORDER 9
PROCEDURE UNDER THE OPEN COURTS ACT 2013
9.01Definitions
9.02Notice of application for suppression order
9New Form 9A inserted
Form 9A—Notice of Application for Suppression Order
═══════════════
ENDNOTES
STATUTORY RULES 2014
S.R. No. 100/2014
County Court Act 1958
Open Courts Act 2013
County Court (Chapters I and III Miscellaneous Amendments) Rules 2014
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 I of the Rules of County Court as a consequence of the commencement of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)to amend Chapters I and III of the Rules of County Court to make provision in relation to suppression orders under the Open Courts Act 2013.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958, the Open Courts Act 2013 and all other enabling powers.
3Commencement
These Rules come into operation on 1 August 2014.
__________________
PART 2—CHAPTER I AMENDED
4Motor car or accidental death or bodily injury
In Rule 6.05(2) and (3) of the County Court Civil Procedure Rules 2008[1], for "Accident Compensation Commission" substitute "Victorian WorkCover Authority".
5Notice for discovery
In Rule 29.02(4) of the County Court Civil Procedure Rules 2008—
(a)in paragraph (b), for "1985." substitute "1985; or";
(b)after paragraph (b) insert—
"(c)a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013.".
6New Order 82 inserted
After Order 79 of the County Court Civil Procedure Rules 2008 insert—
"ORDER 80
** * * *
Note
There is no Order 80.
__________________
ORDER 81
** * * *
Note
There is no Order 81.
__________________
ORDER 82
PROCEDURE UNDER THE OPEN COURTS ACT 2013
82.01Definitions
(1)In this Order—
the Act means the Open Courts Act 2013.
(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.
82.02Notice of application for suppression order
(1)A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply—
(a)must be generally in accordance with Form 82A; and
(b)for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected].
gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.
(2)A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email.
__________________".
7New Form 82A inserted
After Form 75C of the County Court Civil Procedure Rules 2008 insert—
"FORM 82A
Rule 82.02
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
[heading as in originating process]
To: The County Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of a summons filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
OR
*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought]
The applicant proposes to rely upon [insert brief description of material to be relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*delete whichever is inapplicable.
__________________".
__________________
PART 3—CHAPTER III AMENDED
8New Order 9 inserted
After Order 8 of the County Court Criminal Procedure Rules 2009[2] insert—
"ORDER 9
PROCEDURE UNDER THE OPEN COURTS ACT 2013
9.01Definitions
(1)In this Order—
the Act means the Open Courts Act 2013.
(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.
9.02Notice of application for suppression order
(1)A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply—
(a)must be generally in accordance with Form 9A; and
(b)for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected].
gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.
(2)A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email.
__________________".
9New Form 9A inserted
After Form 8B of the County Court Criminal Procedure Rules 2009 insert—
"__________________
FORM 9A
Rule 9.02
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER OF:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
To: The County Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of an application filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
OR
*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*delete whichever is inapplicable.".
Dated: 10 July 2014
| M. ROZENES, Chief Judge | P. M. E. WISCHUSEN |
| M. G. McINERNEY | P. G. LACAVA |
| G. R. ANDERSON | P. M. TAFT |
| G. G. HICKS | M. GAMBLE |
| S. M. COHEN | H. MASON |
| M. E. SEXTON | G. P. MULLALY |
| F. E. HOGAN | K. E. KINGS |
| E. M. GAYNOR | M. H. TINNEY |
| W. A. WILMOTH | G. T. CANNON |
| G. T. CHETTLE | M. E. DEAN |
| F. P. HAMPEL | R. H. SMITH |
| S. S. DAVIS | R. J. H. MAIDMENT |
| J. G. MORRISH | M. F. MACNAMARA |
| P. D. GRANT | W. E. STUART |
| D. A. PARSONS | J. A. JORDAN |
| S. E. PULLEN | C. J. RYAN |
| C. M. O'NEILL | P. J. COSGRAVE |
| P. G. MISSO | G. F. MEREDITH |
| K. L. BOURKE | R. W. DYER |
| J. M. J. PATRICK |
═══════════════
ENDNOTES
[1] Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013.
[2] Rule 8: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently amended by S.R. No. 14/2014.
0
0
0