Magistrates' Court (Chapters I and Ii Miscellaneous Amendments) Rules 2014 (Vic)
Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014
S.R. No. 70/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Object
2Authorising provisions
3Commencement
PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010
Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013
4Commencement of proceedings
5Notice for discovery
6When interrogatories allowed
7Application
8Service of reports by plaintiff
9Appendix A
10Appendix C
Division 2—Miscellaneous amendments
11Commencement of proceeding for order under Trans-Tasman Proceedings Act
12Registrar refusing to accept documents
13Referral of proceeding or part of a proceeding to mediation
14Examination of judgment debtor
15Issue of warrant
16Amendment of Form 68A
17Appendix B revoked
PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013
18Heading to Order 6
19Definitions
20Request for referral of a medical question to a Medical Panel—Form 6C
21Application for revocation of direction of Conciliation Officer
22Form 6C
23Form 6D
Division 2—Miscellaneous amendment
24Fees
═══════════════
ENDNOTES
STATUTORY RULES 2014
S.R. No. 70/2014
Magistrates' Court Act 1989
Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
PART 1—PRELIMINARY
1Object
The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 and the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010—
(a)as a consequence of the enactment of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)to make other miscellaneous amendments.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 1 July 2014.
__________________
PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010
Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013
4Commencement of proceedings
In Rule 4.04(1A) of the Magistrates' Court General Civil Procedure Rules 2010[1], for "or the Accident Compensation Act 1985" substitute ", the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013".
5Notice for discovery
Before Rule 29.02(3)(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(aa)a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013;".
6When interrogatories allowed
Before Rule 30.02(2)(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(aa)a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013;".
7Application
Before Rule 33.01(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(aa)under the Workplace Injury Rehabilitation and Compensation Act 2013; and".
8Service of reports by plaintiff
In Rule 33.07(2)(a) of the Magistrates' Court General Civil Procedure Rules 2010, after "under" insert "the Workplace Injury Rehabilitation and Compensation Act 2013,".
9Appendix A
(1)After item 29A of Appendix A to the Magistrates' Court General Civil Procedure Rules 2010 insert—
"29B To draw or settle any necessary medical panel referral documents including medical questions, section 304 statements, lists of documents and submissions pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 etc.". (2)After item 29A in Table 1 of Appendix A to the Magistrates' Court General Civil Procedure Rules 2010 insert—
"29B. 92 169 230 256 343 410 476".
10Appendix C
In the heading to Appendix C to the Magistrates' Court General Civil Procedure Rules 2010, after "1985" insert "OR WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013".
Division 2—Miscellaneous amendments
11Commencement of proceeding for order under Trans-Tasman Proceedings Act
In Rule 7A.03 of the Magistrates' Court General Civil Procedure Rules 2010, for "in accordance with Order 5" substitute "in—
(a)the manner required by Order 4; and
(b)the form required by Order 5".
12Registrar refusing to accept documents
In Rule 27.06(1) of the Magistrates' Court General Civil Procedure Rules 2010, for "form of" substitute "form or".
13Referral of proceeding or part of a proceeding to mediation
(1)In Rule 50.04 of the Magistrates' Court General Civil Procedure Rules 2010, for "A magistrate" substitute "Subject to this Rule, the Court constituted by a magistrate".
(2)At the end of Rule 50.04 of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(2)In referring a proceeding under paragraph (1), the Court constituted by a magistrate or a registrar, by order, may dispense with compliance with Rule 50.06(1)(a) if the Court is satisfied that exceptional circumstances exist.
(3)For the avoidance of doubt, Rule 50.06(1)(a) does not apply to a party in respect of whom an order under paragraph (2) applies.
(4)The Court that is constituted by a registrar that makes an order under paragraph (2) must refer the proceeding or part of the proceeding to which the order relates to an acceptable mediator who is not that registrar.".
14Examination of judgment debtor
For Rule 67.01(4) of the Magistrates' Court General Civil Procedure Rules 2010 substitute—
"(4)The person must be examined on oath or affirmation.".
15Issue of warrant
(1)In Rule 68.04(1)(a) of the Magistrates' Court General Civil Procedure Rules 2010, for "produces to a" substitute "files with the".
(2)After Rule 68.04(1)(b)(iv) of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(iva)the name of the court or tribunal that made the order and, in the case where the order was made by a court (other than the Court) or by a tribunal, the date the order was registered in the Court; and".
16Amendment of Form 68A
(1)In Form 68A of the Magistrates' Court General Civil Procedure Rules 2010 for—
"[name] of [address] was ordered to pay money in the above matter on [date] by the Magistrates' Court at [venue]."
substitute—
"[name] of [address] was ordered to pay money in the above matter
*on [date] by the Magistrates' Court at [venue]
*on [date] by [name of court or tribunal] by order which was registered with this Court on [date]".
(2)At the end of Form 68A of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"*Delete if inapplicable".
17Appendix B revoked
Appendix B of the Magistrates' Court General Civil Procedure Rules 2010 is revoked.
__________________
PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013
18Heading to Order 6
In the heading to Order 6 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[2], for "AND THE ACCIDENT COMPENSATION ACT 1985" substitute ", THE ACCIDENT COMPENSATION ACT 1985 AND THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013".
19Definitions
(1)For the heading to Rule 6.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 substitute—
"Definitions".
(2)In Rule 6.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010—
(a)in the definition of Authority, after "1985" insert "and continued in existence under section 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013";
(b)in the definition of Conciliation Officer, after "1985" insert "or a person appointed under section 523 of the Workplace Injury Rehabilitation and Compensation Act 2013";
(c)for the definition of employer substitute—
"employer, in a proceeding under—
(a)the Workplace Injury Rehabilitation and Compensation Act 2013, has the same meaning as in section 3 of that Act;
(b)the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act;
(c)the Workers Compensation Act 1958, has the same meaning as in section 3(1) of that Act;";
(d)in the definition of Medical Panel, after "1985" insert "or the Workplace Injury Rehabilitation and Compensation Act 2013";
(e)for the definition of medical question substitute—
"medical question, in a proceeding under—
(a)the Workplace Injury Rehabilitation and Compensation Act 2013, has the same meaning as in section 3 of that Act;
(b)the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act;";
(f)the definition of plaintiff is revoked.
20Request for referral of a medical question to a Medical Panel—Form 6C
In Rule 6.04(1) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, after "1985" insert "or section 304 of the Workplace Injury Rehabilitation and Compensation Act 2013".
21Application for revocation of direction of Conciliation Officer
At the end of Rule 6.05 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert—
"(2)An application under section 299(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 for the revocation of a direction given by a Conciliation Officer pursuant to Division 2 of Part 6 of that Act must be—
(a)in Form 6D with such modification as is necessary; and
(b)accompanied by an affadavit in support of the application.".
22Form 6C
(1)In the heading to Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "1985" substitute "1985*/ SECTION 304 OF THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013*".
(2)In Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "Act 1985" substitute "Act 1985*/ Workplace Injury Rehabilitation and Compensation Act 2013*".
(3)At the end of Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert—
"*Delete if inapplicable".
23Form 6D
In Form 6D of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "RULE 6.05(a)" substitute "RULE 6.05(1)(a) or (2)(a)".
Division 2—Miscellaneous amendment
24Fees
In Rule 3.05(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "Order 10" substitute "Rule 10.05".
Dated: 18 June 2014
P. LAURITSEN,
Chief MagistrateJ. POPOVIC,
Deputy Chief MagistrateL. MARTIN,
Deputy Chief Magistrate
═══════════════
ENDNOTES
[1]
Rule 4: S.R. No. 140/2010. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 89/2013. Subsequently amended by
S.R. Nos 155/2013, 178/2013 and 11/2014.
[2] Rule 18: S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012, 158/2012 and 11/2014.
0
0
0