Supreme Court (Chapter I Amendment No. 16) Rules 2001 (Vic)

Supreme Court (Chapter I Amendment No. 16)

Rules 2001

S.R. No. 26/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Extension and abridgement of time	1
5.	Representative proceeding	2
6.	New Order 18A substituted	2
ORDER 18A	2
GROUP PROCEEDING	2
18A.01 Application	2
18A.02 Consent to be group member	2
18A.03 Commencement of group proceeding	2
18A.04 Opting out	3
18A.05 Order involving notice	3
7.	Statute law revision	3
8.	Amendment of Rule references in forms	4

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ENDNOTES 6

i

STATUTORY RULES 2001

S.R. No. 26/2001

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 16)

Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the proceedings commenced under Part 4A of the Supreme Court Act 1986 and to make other miscellaneous amendments.

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. Extension and abridgement of time

In Rule 3.02(3) of the Principal Rules omit
"constituted by a Judge".

Supreme Court (Chapter I Amendment No. 16) Rules 2001

S.R. No. 26/2001 r. 5

5. Representative proceeding

In Rule 18.01 of the Principal Rules—

(a) for paragraph (a) substitute— "(a) a proceeding under Part 4A of the

Act;";

(b) paragraph (c) is revoked.

6. New Order 18A substituted

For Order 18A of the Principal Rules substitute—

"ORDER 18A

GROUP PROCEEDING

18A.01 Application

This Order applies to a group proceeding within the meaning of section 33A of the Act.

18A.02 Consent to be group member

A consent in writing under section 33E(2) of the Act shall be in Form 18AA.

18A.03 Commencement of group proceeding

(1) The writ shall not be indorsed with a

statement of claim but shall be indorsed in

accordance with Rule 5.04(2)(b).

(2) A summons for directions shall be served on

the defendant with the writ.

(3) The summons shall be for hearing before a Judge and shall specify a day for hearing which is not less than 30 days after the day on which the writ and the summons are served and not more than 90 days after the day on which the writ was filed.

Supreme Court (Chapter I Amendment No. 16) Rules 2001

r. 7 S.R. No. 26/2001

18A.04 Opting out

A notice in writing under section 33J(2) of the Act shall be in Form 18AB.

18A.05 Order involving notice

(1) This Rule applies to an application for an

order under section 33K, 33W, 33X or 33ZA of the Act in relation to which the Court may require notice to be given to group members.

(2) The application shall be supported by an

affidavit setting out to the best of the
applicant's knowledge, information and

belief—

(a)	the identity or description of the group members;
(b)	the whereabouts of the group members; and
(c)	the means by which a notice ordered by the Court is most likely to come to the attention of the group members.".

7. Statute law revision

In Rule 33.03 of the Principal Rules, for the
definition of "dentist" substitute—

' "dentist" means—

(a)	a registered dentist within the meaning of the Dental Practice Act 1999 or a person qualified to be registered in the dentists' division of the register kept under Part 2 of that Act;
(b)	a person registered or qualified to be registered as a dentist under an enactment of a State or a Territory of

Supreme Court (Chapter I Amendment No. 16) Rules 2001

S.R. No. 26/2001	r. 8
the Commonwealth which corresponds to the Dental Practice Act 1999;

(c) a person entitled to practise dentistry in a place outside Australia under an enactment of that place corresponding to the Dental Practice Act 1999, whether or not the person does so practise;'.

8. Amendment of Rule references in forms

(1) In Form 18AA of the Principal Rules—

(a)	in the Heading, for "RULE 18A.05(2)" substitute "RULE 18A.02";
(b)	for "in Rule 18A.05(2)" substitute "in section 33E(2) of the Supreme Court Act 1986".

(2) In Form 18AB of the Principal Rules—

(a)	in the Heading, for "RULE 18A.09(2)" substitute "RULE 18A.04";
(b)	for "under Rule 18A.09" substitute "under section 33J(2) of the Supreme Court Act 1986".

Dated: 29 March 2001

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.

Supreme Court (Chapter I Amendment No. 16) Rules 2001

r. 8 S.R. No. 26/2001

ALEX CHERNOV, J.A.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
E. W. GILLARD, J.
MURRAY B. KELLAM, J.
M. L. WARREN, J.

BERNARD D. BONGIORNO, J.

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Supreme Court (Chapter I Amendment No. 16) Rules 2001

Endnotes

S. R. No. 26/2001

ENDNOTES

1 Rule 3: S.R. No. 19/1996. Reprint No. 2 incorporating amendments as at

1 June 2000. Further amended by S.R. Nos 63/2000, 75/2000 and
120/2000.