Magistrates' Court Civil Procedure (Amendment) Rules 1998 (Vic)

Magistrates' Court Civil Procedure (Amendment)

Rules 1998

S.R. No. 16/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	New Order 16A inserted	1
ORDER 16A—APPLICATION UNDER SECTION 42E(1)
OF THE EVIDENCE ACT 1958	2
16A.01 Application of Order	2
16A.02 Form of application	2
16A.03 Filing	2
16A.04 Service	2
16A.05 Duty of applicant	2
16A.06 Payment of costs	2
5.	New Form 16AA inserted	3

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NOTES 5

i

STATUTORY RULES 1998

S.R. No. 16/1998

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment)

Rules 1998

The Chief Magistrate together with 2 Deputy Chief

Magistrates jointly make the following Rules:

1. Object

The object of these Rules is to facilitate applications to the Court under section 42E(1) of the Evidence Act 1958.

2. Authorising provisions

These Rules are made under sections 16 and 141 of the Magistrates' Court Act 1989 and all other enabling powers.

3. Principal Rules

In these Rules the Magistrates' Court Civil
Procedure Rules 19891 are called the Principal

Rules.

4. New Order 16A inserted

After Order 16 of the Principal Rules insert—

Magistrates' Court Civil Procedure (Amendment) Rules 1998

S.R. No. 16/1998 r. 4

"ORDER 16A—APPLICATION UNDER

SECTION 42E(1) OF THE EVIDENCE ACT

1958

16A.01 Application of Order

This Order applies to an application for a
direction under section 42E(1) of the

Evidence Act 1958.

16A.02 Form of application

Notice of an application must be in Form

16AA.

16A.03 Filing

The applicant must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court.

16A.04 Service

As soon as practicable after the filing of the notice the applicant must serve a copy on every other party.

16A.05 Duty of applicant

If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the Registrar forthwith.

16A.06 Payment of costs

Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant.".

Magistrates' Court Civil Procedure (Amendment) Rules 1998

r. 5 S.R. No. 16/1998

5. New Form 16AA inserted

After Form 14B to the Principal Rules insert—

"RULE 16A.02 FORM 16AA

NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE

EVIDENCE ACT 1958 [heading as in Form 4A]

PART 1—PARTICULARS OF APPLICATION

I, [name of applicant]

of [address of applicant or firm of solicitor for applicant]

hereby request an *audio visual/*audio link in accordance with the following
details—

1.      *Audio visual/*Audio link—

From [originating city/town]

To [receiving city/town]

2.      Type of hearing—[e.g. *Hearing/*Contest Mention*Other]

3.      Number of persons to appear before, or give evidence by *audio visual/*audio link—

4.      Suggested time (if any) for link—

5.      Estimate of duration of link—

6.      Is this application being made with the consent of the parties to the proceeding?—

7.      If the answer to question 6 is No, what parties have not given consent?—

8.      If a hearing date has been fixed, what is the date of the hearing?—

I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)
Magistrates' Court Civil Procedure (Amendment) Rules 1998

S.R. No. 16/1998 r. 5

The application will be heard before the Magistrates' Court at
on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the

business of the Court allows.

FILED [e.g. 15 June, 19 ].

*strike out as appropriate.".

Dated: 2 March 1998

MICHAEL ANTHONY ADAMS, QC, CM
DANIEL JOHN MULING, Deputy CM

JELENA POPOVIC, Deputy CM

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Magistrates' Court Civil Procedure (Amendment) Rules 1998

Notes S.R. No. 16/1998

NOTES

1 S.R. No. 199/1989. Reprinted to S.R. No. 81/1997 and subsequently

amended by S.R. No. 131/1997.