Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013 (Vic)

Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013

S.R. No. 35/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Heading to Part 2 of Order 4 amended

6New Rule 4.09.1 inserted

4.09.1Certification of prior overarching obligations certification

7Rule 4.10 substituted

4.10Proper basis certification

8Amendment of Form 4A

9New Form 4AB inserted

Form 4AB—Certification of Prior Overarching Obligations Certification

10Form 4B substituted

Form 4B—Proper Basis Certification

═══════════════

ENDNOTES

STATUTORY RULES 2013

S.R. No. 35/2013

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013

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 General Civil Procedure Rules 2010 to make further provision for certification under the Civil Procedure Act 2010 as a consequence of the enactment of the Civil Procedure Amendment Act 2012.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989, the Civil Procedure Act 2010 and all other enabling powers.

3Commencement

These Rules come into operation on 31 March 2013.

4Principal Rules

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

5Heading to Part 2 of Order 4 amended

In the heading to Part 2 of Order 4 of the Principal Rules for "ON COMMENCEMENT OF" substitute "FOR".

6New Rule 4.09.1 inserted

After Rule 4.09 of the Principal Rules insert—

4.09.1Certification of prior overarching obligations certification"

(1)For the purposes of section 41(5)(a)(i) of the Civil Procedure Act 2010, the specified period is the period of 2 years prior to the date of the certification under section 41(5)(b) of that Act.

(2)For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act must be in Form 4AB.".

7Rule 4.10 substituted

For Rule 4.10 of the Principal Rules substitute—

4.10Proper basis certification"

(1)For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of orders are exempt from the proper basis certification requirements under the Civil Procedure Act 2010.

(2)For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification must be in Form 4B.".

8Amendment of Form 4A

In Form 4A of the Principal Rules for—

"[To be signed personally by party
or if party is represented by a litigation guardian
or similar representative,
by that litigation guardian or representative]"

substitute—

"[To be signed personally by party
or if party is represented by a litigation guardian
or similar representative,
by that litigation guardian or representative,
or if party has no meaningful control of the proceeding
by virtue of a statute or a contract of insurance,
by the person in control of the proceeding
by virtue of the statute or contract of insurance]".

9New Form 4AB inserted

After Form 4A of the Principal Rules insert—

FORM 4"AB

Rule 4.09.1

CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION

[heading as in Form 5A]

In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.

Dated: [e.g. 5 September, 20    ].

Signed

[To be signed by legal practitioner
representing party who has previously made overarching obligations certification in other civil proceedings in the Court]

__________________".

10Form 4B substituted

For Form 4B of the Principal Rules substitute—

FORM 4B"

Rule 4.10(2)

PROPER BASIS CERTIFICATION

[heading as in Form 5A]

In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present:

[in a civil proceeding which involves allegations of fact:]

*(a)each allegation of fact in the document has a proper basis;

*(b)each denial in the document has a proper basis;

*(c)there is a proper basis for each non-admission in the document.

[in a civil proceeding commenced by a complaint seeking a particular legal relief or remedy:]

*(a)each claim in the document has a proper basis;

*(b)each response in the document to a claim has a proper basis;

*(c)each question posed to the Court in the document has a proper basis;

*(d)each response in the document to each question posed to the Court has a proper basis.

Dated: [e.g. 5 September, 20    ].

Signed

*Delete if not applicable

__________________".

Dated: 22 March 2013

PETER LAURITSEN,

Chief Magistrate

LANCE IVAN MARTIN,

Deputy Chief Magistrate

R OBERT KUMAR,

Deputy Chief Magistrate

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012, 28/2012, 109/2012 and 158/2012.