Magistrates' Court Civil Procedure (Amendment No. 15) Rules 2006 (Vic)

Magistrates' Court Civil Procedure (Amendment No. 15) Rules 2006

S.R. No. 87/2006

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.New Rule 1.11

1.11Proceedings other than in open court

5.Statute law revision

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 87/2006

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 15) Rules 2006

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1.Object

The object of these Rules is to—

(a)provide that certain proceedings need not be conducted in open court; and

(b)make statute law revision amendments.

2.Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3.Commencement

These Rules come into operation on 15 July 2006.

4.New Rule 1.11

In Order 1 of the Magistrates' Court Civil Procedure Rules 1999[1], in Part 4 insert—

"1.11Proceedings other than in open court

Unless the Court otherwise orders, the following proceedings need not be conducted in open court—

(a)an application to extend the validity of a complaint, summons or witness summons under Rule 4.05(2);

(b)an application for substituted service under Rule 5.09;

(c)an application for an order in default of defence or compliance under Part 1 or Part 2 of Order 10;

(d)an application for an order upon default of compliance of the provisions of the compromise of a proceeding;

(e)a pre-hearing conference conducted by a magistrate, judicial registrar or registrar;

(f)a mediation conducted by an acceptable mediator;

(g)an application for an order (subsequent to a party failing to attend a mediation) under Rule 22A.04;

(h)an application to extend the validity of a warrant under Rule 27.03(2);

(i)an examination of a judgment debtor conducted by a registrar under Rule 27.12.1;

(j)an attachment of earnings order under Rule 27.13 or an examination of the judgment debtor or another person under Rule 27.16;

(k)an application for an order for attachment of debt under Rule 27.30;

(l)an application to approve a compromise and for any other orders under Rule 32.05;

(m)a case transfer application and an application to review a case transfer decision under the Courts (Case Transfer) Act 1991;

(n)an application for leave to defend under section 5 of the Instruments Act 1958;

(o)an application under section 5, 6 or 7 of the Judgment Debt Recovery Act 1984;

(p)an application for the issue of a warrant to arrest under section 134(5) of the Act;

(q)an application for the issue of an entry permit under section 83 of the Occupational Health and Safety Act 2004;

(r)any application, notice of which is not required to be given by or under any Act or these Rules to another person, whether or not a party.".

5.Statute law revision

(1)In Rule 10.04(1) of the Magistrates' Court Civil Procedure Rules 1999, for "22.02(2)(a)" substitute "22.01(6)(a)";

(2)In Rule 15.08(2)(c) of the Magistrates' Court Civil Procedure Rules 1999, for "scale F" substitute "scale G";

(3)In Rule 26.07 of the Magistrates' Court Civil Procedure Rules 1999, for "Rule 12.07(1)(d) or Rule 22.02(2)(b)," substitute "Rule 12.07(1)(d), Rule 22.01(6)(b) or Rule 22A.04(1)(b),";

(4)In Rule 26.08 of the Magistrates' Court Civil Procedure Rules 1999, for "or Rule 22.02(2)(a)" substitute ", Rule 22.01(6)(a) and Rule 22A.04(1)(a)".

Dated:   6 July 2006

DANIEL J. MULING,

Acting

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

PETER HENRY LAURITSEN,

Deputy Chief Magistrate

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[1] Rule 4: S.R. No. 58/1999.  Reprint No. 3 as at 1 March 2005.  Reprinted to S.R. No. 5/2005.  Subsequently amended by S.R. Nos 15/2005 and 165/2005.