County Court (Chapters I, Ii and Iii Miscellaneous Amendments) Rules 2023 (Vic)

County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2023

S.R. No. 120/2023

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

Part 2—Amendment of Chapter I

4How ordinary service effected

5Form of document

6How interrogatories to be answered

7Common Law Division

8Lists of Common Law Division

9Procedure

Part 3—Amendment of Chapter II

10Registrar to fix appeal

11Forms 2–11AA and 2–11AB amended

Part 4—Amendment of Chapter III

12Form 1D amended

13Forms 2A to 2H amended

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Endnotes

STATUTORY RULES 2023

S.R. No. 120/2023

County Court Act 1958

County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2023

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

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapters I, II and III of the Rules of the County Court—

(a)to establish a new Institutional Liability List in the Common Law Division of the County Court;

(b)to remove redundant references to the discontinued DX service;

(c)in relation to the form of answers to interrogatories; and

(d)to update references to the Sovereign.

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 4 December 2023.

PART 2—AMENDMENT OF CHAPTER I

4How ordinary service effected

(1)Rule 6.07(1)(d) of the County Court Civil Procedure Rules 2018[1] is revoked.

(2)For Rule 6.07(5) of the County Court Civil Procedure Rules 2018 substitute—

"(5)The day of service of a document sent by post in accordance with paragraph (1)(b) shall be taken to be the day it would be delivered in the normal course of post or on such other day as may be proved.".

(3)Rule 6.07(6) of the County Court Civil Procedure Rules 2018 is revoked.

5Form of document

In Rule 27.03(11)(a) of the County Court Civil Procedure Rules 2018, for "number, document exchange number" substitute "number".

6How interrogatories to be answered

After Rule 30.06(2) of the County Court Civil Procedure Rules 2018 insert—

"(3)A party interrogated shall answer each interrogatory by stating both the question and the answer to that question in the one document.".

7Common Law Division

(1)In Rule 34A.03(j) of the County Court Civil Procedure Rules 2018 omit "or".

(2)In Rule 34A.03(k) of the County Court Civil Procedure Rules 2018, for "1991." substitute "1991; or".

(3)After Rule 34A.03(k) of the County Court Civil Procedure Rules 2018 insert—

"(l)any proceeding in which a claim founded on or arising out of death or personal injury allegedly resulting from abuse is made against—

(i)a body corporate or an unincorporated body or association;

(ii)a proper defendant for such an entity under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018; or

(iii)an appropriate defendant for such an entity under Part XIII of the Wrongs Act 1958.".

8Lists of Common Law Division

(1)In Rule 34A.04(1)(h) of the County Court Civil Procedure Rules 2018 omit "and" (where secondly occurring).

(2)In Rule 34A.04(1)(i) of the County Court Civil Procedure Rules 2018, for "List." substitute "List; and".

(3)After Rule 34A.04(1)(i) of the County Court Civil Procedure Rules 2018 insert—

"(j)the Institutional Liability List.".

(4)After Rule 34A.04(11) of the County Court Civil Procedure Rules 2018 insert—

"(12)The Institutional Liability List shall consist of any proceeding referred to in Rule 34A.03(l).".

9Procedure

In Rule 75.06(3)(a) of the County Court Civil Procedure Rules 2018, for "Queen" substitute "King".

PART 3—AMENDMENT OF CHAPTER II

10Registrar to fix appeal

For Rule 2.12(2) of the County Court Miscellaneous Rules 2019[2] substitute—

"(2)Notification in writing under paragraph (1)(b) must be by pre-paid ordinary post.".

11Forms 2–11AA and 2–11AB amended

In Forms 2–11AA and 2–11AB of the County Court Miscellaneous Rules 2019, for "Queen" substitute "King".

PART 4—AMENDMENT OF CHAPTER III

12Form 1D amended

In Form 1D of the County Court Criminal Procedure Rules 2019[3]—

(a)for "DX:" substitute "Ref:";

(b)omit "Ref:".

13Forms 2A to 2H amended

In Forms 2A, 2B, 2C, 2D, 2E, 2F, 2G and 2H of the County Court Criminal Procedure Rules 2019, for "Queen" substitute "King".

Dated: 22 November 2023

PETER KIDD, Chief Judge	M G O'CONNELL
M. E. SEXTON, Deputy Chief Judge	A M RYAN
ELIZABETH GAYNOR	P J F HIGHAM
S S DAVIS	T E WRAIGHT
J G MORRISH	P R RIDDELL
K L BOURKE	MICHAEL CAHILL
FRANK GUCCIARDO	P. J. GINNANE
MARK GAMBLE	A S PILLAY
GERARD MULLALY	R E CARLIN
G CANNON	ANNE HASSAN
JOHN CARMODY	KEVIN DOYLE
P COSGRAVE	F. L. DALZIEL
C M QUIN	S LEIGHFIELD
SARA HINCHEY	DAVID J. N. PURCELL
A J CHAMBERS	MY ANH TRAN
C R GWYNN	J VANDERSTEEN
D A TRAPNELL	JULIE CLAYTON
A ROBERTSON	PETER ROZEN
M DEMPSEY	A M MAGEE
KATE HAWKINS	JOHN KELLY
ANGELA ELLIS	B A MYERS
ANDREW FRAATZ	D MANOVA
MARIA TSIKARIS	ROBYN L HARPER
SIMON MOGLIA	ANDREW PALMER
GARY CLARK	S A KIRTON
CAITLIN ENGLISH

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ENDNOTES

[1] Rule 4(1): S.R. No. 170/2018 as amended by S.R. Nos 29/2019, 69/2019, 106/2019, 142/2019, 16/2020, 27/2020, 28/2021, 158/2021, 90/2022, 131/2022, 73/2023, 77/2023 and 81/2023.

[2] Rule 10: S.R. No. 28/2019 as amended by S.R. No. 90/2022.

[3] Rule 12: S.R. No. 126/2019 as amended by S.R. Nos 16/2020, 98/2021, 90/2022, 16/2023, 77/2023 and 81/2023.