Magistrates' Court General Civil Procedure Amendment Rules 2022 (Vic)

Magistrates' Court General Civil Procedure Amendment Rules 2022

S.R. No. 54/2022

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 28.05 substituted

6New Rule 43.00 inserted

7Content of affidavit

8Rule 43.06 substituted

9Statute law revision

10Form 43A substituted

11New items 84 and 85 inserted in Appendix A

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Endnotes

STATUTORY RULES 2022

S.R. No. 54/2022

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure Amendment Rules 2022

The Chief Magistrate together with one or more Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2020 to make further provision in relation to—

(a)the inspection of documents;

(b)certification of exhibits to affidavits; and

(c)interpreters' fees.

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 15 July 2022.

4Principal Rules

In these Rules, the Magistrates' Court General Civil Procedure Rules 2020[1] are called the Principal Rules.

5Rule 28.05 substituted

For Rule 28.05 of the Principal Rules substitute—

"28.05   Inspection of documents

(1)Subject to this Rule, when the office of the Court is open, any person, on payment of the proper fee, may inspect and obtain a copy of any document filed in a proceeding.

(2)A person not a party may not inspect or obtain a copy of the following documents without leave of the Court—

(a)affidavits;

(b)exhibits to affidavits;

(c)witness statements;

(d)expert reports, including those filed pursuant to Order 33 or Order 44 of these Rules;

(e)written submissions, outlines of argument and chronologies.

(3)Paragraph (2) does not apply to a document that has been—

(a)read or relied on in open court; or

(b)relied on in an application determined without a hearing.

(4)No person may inspect or obtain a copy of a document which the Court has ordered remain confidential.

(5)A person not a party may not, without leave of the Court, inspect or obtain a copy of a document which in the opinion of the Registrar ought to remain confidential to the parties.".

6New Rule 43.00 inserted

Before Rule 43.01 of the Principal Rules insert—

"43.00   Definitions for this Order

In this Order—

bundle exhibit means an exhibit containing one or more documents referred to in an affidavit, ordered in the sequence that those documents are referred to;

confidential bundle exhibit means an exhibit containing one or more documents that the party filing the affidavit claims are confidential.".

7Content of affidavit

After Rule 43.03(2) of the Principal Rules insert—

"(3)An affidavit that has a bundle exhibit or confidential bundle exhibit annexed to it must—

(a)have the pages sequentially numbered from the first page of the affidavit to the last page of the bundle exhibit or the confidential bundle exhibit (as applicable, and if both, whichever is the latter); and

(b)identify, in the body of the affidavit, any reference to a document contained in a bundle exhibit or a confidential bundle exhibit by reference to the page numbers applied to it in accordance with paragraph (a).".

8Rule 43.06 substituted

For Rule 43.06 of the Principal Rules substitute—

'43.06   Exhibits

(1)Subject to paragraph (2), where one or more documents are referred to in an affidavit, they must be annexed to the affidavit as a bundle exhibit.

(2)Where one or more documents are referred to in an affidavit and the party filing the affidavit claims that the documents are confidential, they must be annexed to the affidavit as a confidential bundle exhibit.

(3)A bundle exhibit to an affidavit must be identified by a certificate annexed to it—

(a)bearing the same heading as the affidavit; and

(b)signed by the deponent and the person before whom the affidavit is sworn or affirmed.

(4)The certificate must—

(a)be in Form 43A; and

(b)contain in the bottom right hand corner of the page in bold type and in a font size not less than 20 points the distinguishing mark of the exhibit and the words "Bundle of documents referred to in the affidavit of" or "Bundle of confidential documents referred to in the affidavit of" (as applicable) followed by—

(i)the name of the deponent; and

(ii)the date that the affidavit was made.'.

9Statute law revision

In Rule 50.08(2) of the Principal Rules, for "other the" substitute "other".

10Form 43A substituted

For Form 43A of the Principal Rules substitute—

'Form 43A—Certificate identifying exhibit or exhibits

Rule 43.06(4)

CERTIFICATE IDENTIFYING EXHIBIT OR EXHIBITS

[heading as in affidavit]

*This is the exhibit marked [e.g. "ABC1"]/*These are the exhibits marked [list exhibits in bundle of documents or bundle of confidential documents as applicable e.g. "ABC1", DEF2", etc.] now produced and shown to [identify deponent] at the time of swearing or affirming the person's affidavit on [date].

[Signature of deponent]

[Signature of person taking affidavit]

[state distinguishing mark of exhibit or exhibits
and briefly and specifically describe each exhibit,
bundle of documents or bundle of confidential
documents, as applicable [use a schedule if
insufficient space]: e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09] 

print distinguishing mark and description in bold type and in a font size not less than 20 points in lower right hand corner of the page.

*Delete if not applicable'.

11New items 84 and 85 inserted in Appendix A

After item 83 in Appendix A to the Principal Rules insert—

"Interpreter Allowances

84.                 

Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel—

(a)   per hour or part thereof reasonably absent from professional rooms or place of business—$74

(b)   but in any event not to exceed in any one day—$515.

85.

(a)   for absence from place of residence or business for 4 hours or less—$294

(b)   and for each hour or part thereof in excess of 4 hours—$74

(c)    but in any event not to exceed in any one day—$515.

For the purposes of items 84 and 85, the Magistrates' Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter.

Notwithstanding anything in the above scale, the Magistrates' Court may allow an increased amount to a professional interpreter in special circumstances.".

Dated: 14 July 2022

LISA HANNAN,

Chief Magistrate

SUSAN WAKELING,

Deputy Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 112/2020 as amended by S.R. Nos 23/2021, 89/2021 and 167/2021.