Magistrates' Court General Civil Procedure Amendment Rules 2019 (Vic)

Magistrates' Court General Civil Procedure Amendment Rules 2019

S.R. No. 32/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Application

6Form 67B—Examination of a Judgment Debtor

7Amendments to Appendix A—Scale of Costs

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Endnotes

STATUTORY RULES 2019

S.R. No. 32/2019

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure Amendment Rules 2019

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

1Object

The object of these Rules is to make miscellaneous amendments to the Magistrates' Court General Civil Procedure Rules 2010.

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 17 May 2019.

4Principal Rules

In these Rules, the Magistrates' Court General Civil Procedure Rules 2010[1] are called the Principal Rules.

5Application

For Rule 42A.01(1) of the Principal Rules substitute—

"(1)This Order applies where a party who has an Australian lawyer in the proceeding seeks to require a person not a party to produce any document for evidence before the hearing of the proceeding.".

6Form 67B—Examination of a Judgment Debtor

In Form 67B of the Principal Rules, in Question 17(f), for "(give details of each card and the balance owing)" substitute "(give details of each card, but not the credit card number, and the amount owing)".

7Amendments to Appendix A—Scale of Costs

(1)Item 27 of the scale of costs in Appendix A to the Principal Rules is revoked.

(2)In item 43 of the scale of costs in Appendix A to the Principal Rules—

(a)omit "WorkCover";

(b)after "officer" insert "including a WorkCover directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer".

(3)In Table 1 in Appendix A to the Principal Rules, item 27 is revoked.

Dated:    15 May 2019

PETER LAURITSEN,
Chief Magistrate

FRANZ HOLZER,
Deputy Chief Magistrate

LANCE IVAN MARTIN,
Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 140/2010. Reprint No. 3 as at 15 March 2018. Reprinted to S.R. No. 128/2017. Subsequently amended by S.R. Nos 158/2018, 159/2018 and 167/2018.