Magistrates' Court (Family Violence Protection) Amendment Rules 2017 (Vic)

Magistrates' Court (Family Violence Protection) Amendment Rules 2017

S.R. No. 144/2017

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Process for filing family violence safety notices

6Venue of Court

7Form 2 substituted

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Endnotes

STATUTORY RULES 2017

S.R. No. 144/2017

Family Violence Protection Act 2008
Magistrates' Court Act 1989

Magistrates' Court (Family Violence Protection) Amendment Rules 2017

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

1Object

The object of these Rules is to amend the Magistrates' Court (Family Violence Protection) Rules 2008 as a result of amendments to the Family Violence Protection Act 2008 by the Family Violence Protection Amendment Act 2017.

2Authorising provisions

These Rules are made under section 209 of the Family Violence Protection Act 2008, section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 1 January 2018.

4Principal Rules

In these Rules, the Magistrates' Court (Family Violence Protection) Rules 2008[1] are called the Principal Rules.

5Process for filing family violence safety notices

In the note at the foot of Rule 4.02 of the Principal Rules, after "transmission" insert "if filed after business hours".

6Venue of Court

For Rule 12.01(3) of the Principal Rules substitute—

"(3)In the case of a family violence safety notice—

(a)the location for the first mention must be the proper venue of the Court; and

(b)the copy of the form or safety notice form must be filed—

(i)in the office of the Court at that venue if issued during business hours; or

(ii)by facsimile transmission to the Magistrates' Court of Victoria After Hours Service if issued after business hours.".

7Form 2 substituted

For Form 2 of the Principal Rules substitute—

"FORM 2

Rule 13.02

APPLICATION FOR REHEARING

In the Magistrates' Court at: [specify venue]  Case No:

Applicant: [full name of applicant for rehearing]

Applicant's address:

Respondent: [full name of respondent to this application]

Respondent's address:

Protected person or person protected by the order:

Address:

Details of the application you would like reheard

I (the applicant) am the Respondent to an application for a family violence intervention order.

The application was made at [specify court location] on [date].

The application came to my attention on [date].

Have you previously applied for a rehearing of this application? Yes/No*

Note: If you failed to attend at the time fixed for the hearing of the application and the application was struck out by the Court, you will require leave of the Court to make another application.

Reasons for applying for rehearing

My reason for seeking a rehearing of the application is:

£    I was not personally served with the application; or

£the application was not brought to my attention by an order for alternative service or substituted service prior to the making of the final order; or

£there are exceptional circumstances and a rehearing is fair and just.

These circumstances are: [briefly state the reasons why you did not attend the hearing of the application]

Affidavit

I [full name] make oath/affirm and say that the contents of my application are true and correct to the best of my knowledge.

Note: Under section 141 of the Evidence (Miscellaneous Provisions) Act 1958 a person who makes an affidavit knowing the contents of the affidavit to be false may be punished for the offence of perjury.

SWORN/AFFIRMED at: [place]

ON: [date]

[signature of person making the affidavit]

BEFORE ME:

Name:

Title:

Address:

A person authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.

__________________".

Dated:    21 December 2017

PETER LAURITSEN,

Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 157/2008 as amended by S.R. Nos 95/2011 and 203/2014.