Supreme Court (Chapter I Amendment No. 12) Rules 2000 (Vic)

Supreme Court (Chapter I Amendment No. 12)

Rules 2000

S.R. No. 36/2000

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Costs liability of lawyer	1
5.	Registrar may also revive appeal to Court of Appeal	2
6.	Amendment of references to Masters' secretaries	2
7.	Miscellaneous amendments in relation to taxation	3
8.	Authority of Masters	3
9.	Correction of minor error	3

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NOTES 5

i

STATUTORY RULES 2000

S.R. No. 36/2000

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 12)

Rules 2000

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make minor amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Principal Rules

In these Rules, Chapter I of the Rules of the

Supreme Court1 is called the Principal Rules.

4. Costs liability of lawyer

In Rule 63.23 of the Principal Rules—

(a)	in paragraph (1), for "undue delay or negligence or by any other misconduct or default" substitute "a failure to act with reasonable competence and expedition";
(b)	in paragraph (2), for "is in default" substitute "fails to act with reasonable competence and expedition";

(c) paragraph (5) is revoked.

Supreme Court (Chapter I Amendment No. 12) Rules 2000

r. 5 S.R. No. 36/2000

5. Registrar may also revive appeal to Court of Appeal

In Rule 64.16 of the Principal Rules, for
paragraph (2) substitute—

"(2) Notwithstanding paragraph (1)—

(a)	the Court of Appeal may at any time order that an appeal not be taken to be abandoned;
(b)	the Registrar may, within 21 days after the day on which an appeal is taken to be abandoned, order by consent that the

appeal not be taken to be abandoned.".

6. Amendment of references to Masters' secretaries

(1) In Rule 28.04(1) of the Principal Rules—

(a) for "Secretary" (where first occurring) substitute "Associate";

(b) for sub-paragraph (f) substitute—

'(f) a Master's Associate, the words

"Master's Associate";'.

(2) In Rule 46.04(2) of the Principal Rules—

(a) in sub-paragraph (b), for "secretary;" substitute "Master's Associate or the Prothonotary.";

(b) sub-paragraph (c) is revoked.

(3) In Rule 46.05.1(2)(b) of the Principal Rules, for

"Secretary" substitute "Associate or the

Prothonotary".

(4) In Rule 46.06(2) of the Principal Rules, for "or the

Taxing Master, the Master's or the Taxing
Master's secretary," substitute ", the Master's
Associate".

Supreme Court (Chapter I Amendment No. 12) Rules 2000

S.R. No. 36/2000 r. 7

(5) In Rule 59.04 of the Principal Rules, omit "or,

where a Master gives the judgment or makes the

order, to his secretary".

(6) In Rule 61.03 of the Principal Rules, for

"secretary" (where twice occurring) substitute

"Associate".

(7) In Form 61E of the Principal Rules, for

"secretary" substitute "Associate".

7. Miscellaneous amendments in relation to taxation

(1) In Rule 63.38 of the Principal Rules—

(a)	in paragraph (1), for "in the office of the Taxing Master" substitute "with the Taxing Master's Associate or the Prothonotary";
(b)	in paragraph (2), for "lodged with the Taxing Master when the summons is filed" substitute "filed with the summons".

(2) In Rule 63.39(1) of the Principal Rules, for "a bill in respect of the costs with the Taxing Master at the time the summons under Rule 63.38 is filed" substitute "with the summons a bill in respect of the costs".

8. Authority of Masters

In Rule 77.01(b) of the Principal Rules, in the
item referring to the Legal Practice Act 1996, for
"section 116(1)" substitute "sections 106 and

116(1)".

9. Correction of minor error

In Form 29B of the Principal Rules, in paragraph 4, omit "(a)".

Supreme Court (Chapter I Amendment No. 12) Rules 2000

r. 9 S.R. No. 36/2000

Dated: 1 June 2000

J. H. PHILLIPS, C.J.
ROBERT BROOKING, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
G. HAMPEL, J.
F. H. R. VINCENT, J.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.

M. L. WARREN, J.

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Supreme Court (Chapter I Amendment No. 12) Rules 2000

S.R. No. 36/2000 Notes

NOTES

1 Rule 3: S.R. No. 19/1996. Reprinted incorporating amendments to

1 September 1998 and subsequently amended by S.R. Nos 121/1998,
150/1998, 96/1999 and 131/1999.