Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014 (Vic)
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Object
2Authorising provisions
3Commencement
PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010
4Commencement of proceedings
5Time for giving notice of defence
6Contents and form of notice of defence
7Defence of third party
8Form 7A amended—Complaint served out of Australia
9Form 8A amended—Notice of defence
10Form 10B amended—Counterclaim served out of Australia
11Form 11A amended—Third party notice
12New Appendix D inserted
APPENDIX D—Civil Registry Courts—Filing of Complaints
in Proceedings to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies
PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
13Civil registry courts
14Appendix A
15New Appendix B inserted
APPENDIX B—Civil Registry Courts—Proceeding to which
the Trans-Tasman Proceedings Act 2010 of
the Commonwealth applies
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 11/2014
Magistrates' Court Act 1989
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
PART 1—PRELIMINARY
1Object
The object of these Rules is to amend—
(a)the Magistrates' Court General Civil Procedure Rules 2010—
(i)to provide for the time period for a defendant served with a complaint in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth to give notice of defence; and
(ii)to reflect the requirements of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth for address for service in a notice of defence; and
(b)the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 to prescribe the civil registry court in relation to a proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies.
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 7 April 2014.
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PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010
4Commencement of proceedings
(1)In Rule 4.04(1) of the Magistrates' Court General Civil Procedure Rules 2010[1], for "Subject to paragraph (1A)" substitute "Subject to paragraphs (1A) and (1B)".
(2)After Rule 4.04(1A) of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"(1B)A proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies must be commenced by the filing of a complaint at a venue of the Court specified in Appendix D that is nearest to—
(a)the place where the subject matter of the complaint arose; or
(b)the place of residence of the defendant.".
5Time for giving notice of defence
In Rule 8.01 of the Magistrates' Court General Civil Procedure Rules 2010—
(a)in paragraph (c) omit "in New Zealand or";
(b)for paragraph (d) substitute—
"(d)where the complaint is to be served in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
Note
For the purposes of the definition of working day in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010.
(e)in any other case, not less than 42 days after service.".
6Contents and form of notice of defence
In Rule 8.03 of the Magistrates' Court General Civil Procedure Rules 2010, for paragraphs (3) and (4) substitute—
"(3)Despite paragraph (2), the address for service of the defendant is—
(a)if the complaint was served on the defendant under the Service and Execution of Process Act 1992 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act; or
(b)if the complaint was served on the defendant under the Trans-Tasman Proceedings Act 2010 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act.
(4)Subject to paragraph (3)(b), if the complaint was served on the defendant out of Australia, the notice of defence must state an address for service within Victoria.".
7Defence of third party
For Rule 11.09(1) of the Magistrates' Court General Civil Procedure Rules 2010 substitute—
"(1)A third party must give notice of defence to the statement of claim endorsed on the third party notice within—
(a)where the third party notice is served in Victoria, not less than 21 days after service;
(b)where the third party notice is served out of Victoria and in another part of Australia, not less than 21 days after service;
(c)where the third party notice is served in Papua New Guinea, not less than 28 days after service;
(d)where the third party notice is served in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
Note
For the purposes of the definition of working day in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010.
(e)in any other case, not less than 42 days after service.".
8Form 7A amended—Complaint served out of Australia
(1)In Form 7A of the Magistrates' Court General Civil Procedure Rules 2010, for "within 42 days of service upon you of this complaint," substitute "within the proper time to give notice of defence,".
(2)In Form 7A of the Magistrates' Court General Civil Procedure Rules 2010, for—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 42 DAYS OF SERVICE, the plaintiff may OBTAIN AN ORDER AGAINST YOU for the amount of the claim and costs without further notice"
substitute—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN THE PROPER TIME TO GIVE NOTICE OF DEFENCE, the plaintiff may OBTAIN AN ORDER AGAINST YOU for the amount of the claim and costs without further notice.
*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—
(a)where you are served with the complaint in Papua New Guinea, within 28 days after service;
(b)where you are served with the complaint in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(c)where you are served with the complaint in any other place out of Australia, within 42 days after service".
9Form 8A amended—Notice of defence
In Form 8A of the Magistrates' Court General Civil Procedure Rules 2010, for—
"2.The address of the defendant is—
3.The address for service of the defendant is—[If the defendant defends by an Australian lawyer, the business address of the Australian lawyer. If the defendant defends in person, the address of the defendant not being a post office box]."
substitute—
"2.The address of the defendant is—
[insert address].
3.The address for service of the defendant is—
[*If the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].
[*If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].
[*If neither of those Acts applies and the defendant appears in person] The address for service of the defendant within Victoria is [insert address of the defendant within Victoria, not being a post office box].
[*If neither of those Acts applies and the defendant defends by an Australian lawyer] The name or firm and the business address within Victoria of the Australian lawyer for the defendant is [insert name or firm and business address].
[*If neither of those Acts applies and the Australian lawyer is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].".
10Form 10B amended—Counterclaim served out of Australia
(1)In Form 10B of the Magistrates' Court General Civil Procedure Rules 2010, for "within 42 days of service upon you of this counterclaim," substitute "within the proper time to give notice of defence,".
(2)In Form 10B of the Magistrates' Court General Civil Procedure Rules 2010, for—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 42 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice"
substitute—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN THE PROPER TIME TO GIVE NOTICE OF DEFENCE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.
*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—
(a)where you are served with the counterclaim in Papua New Guinea, within 28 days after service;
(b)where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(c)where you are served with the counterclaim in any other place out of Australia, within 42 days after service".
11Form 11A amended—Third party notice
In Form 11A of the Magistrates' Court General Civil Procedure Rules 2010, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—" substitute—
"(c)where you are served with the notice in Papua New Guinea, within 28 days after service;
(d)where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e)where you are served with the notice in any other place, within 42 days after service.".
12New Appendix D inserted
After Appendix C of the Magistrates' Court General Civil Procedure Rules 2010 insert—
"APPENDIX D
CIVIL REGISTRY COURTS—FILING OF COMPLAINTS IN PROCEEDINGS TO WHICH THE TRANS-TASMAN PROCEEDINGS ACT 2010 OF THE COMMONWEALTH APPLIES
| Bairnsdale | Heidelberg | Seymour |
| Ballarat | Horsham | Shepparton |
| Bendigo | Latrobe Valley | Wangaratta |
| Broadmeadows | Melbourne | Warrnambool |
| Dandenong | Mildura | Werribee |
| Echuca | Moorabbin Justice Centre | Wodonga |
| Frankston | Ringwood | |
| Geelong | Sale |
__________________".
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PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
13Civil registry courts
(1)In Rule 11.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[2] for "the Appendix" substitute "Appendix A".
(2)At the end of Rule 11.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert—
"(2)Despite paragraph (1), in relation to a proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies, the civil registry courts are those venues of the Court listed in Appendix B to these Rules.".
14Appendix A
In the Appendix to the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 for "APPENDIX" substitute "APPENDIX A".
15New Appendix B inserted
After Appendix A to the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert—
"__________________
APPENDIX B
CIVIL REGISTRY COURTS—PROCEEDING TO WHICH THE TRANS-TASMAN PROCEEDINGS ACT 2010 OF THE COMMONWEALTH APPLIES
| Bairnsdale | Heidelberg | Seymour |
| Ballarat | Horsham | Shepparton |
| Bendigo | Latrobe Valley | Wangaratta |
| Broadmeadows | Melbourne | Warrnambool |
| Dandenong | Mildura | Werribee |
| Echuca | Moorabbin Justice Centre | Wodonga |
| Frankston | Ringwood | |
| Geelong | Sale | ". |
Dated: 1 April 2014
PETER LAURITSEN,
Chief MagistrateJELENA POPOVIC,
Deputy Chief MagistrateBARRY B. BRAUN,
Deputy Chief Magistrate
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ENDNOTES
[1] Rule 4(1): S.R. No. 140/2010. Reprint No. 1 as at 11 October 2013 and amending S.R. Nos 155/2013 and 178/2013.
[2] Rule 13(1): S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012 and 158/2012.
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