Supreme Court (Chapter I Amendment No. 18) Rules 2001 (Vic)

Supreme Court (Chapter I Amendment No. 18)

Rules 2001

S.R. No. 111/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Applications under Order 32	1
5.	Update of definition	2
6.	Subpoena before Prothonotary	2
7.	Evidence transcript costs	2
8.	Provision for taxation on an indemnity basis	2
9.	New Rule 63.30.1 inserted	2
63.30.1 Indemnity basis	3
10.	Taxation of disbursements	3
11.	Consequential amendments following enactment of
Corporations Act	3
12.	Amendment of Appendix A	3

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ENDNOTES 6

i

STATUTORY RULES 2001

S.R. No. 111/2001

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 18)

Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make
miscellaneous amendments to Chapter I of the

Rules of the Supreme Court.

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. Applications under Order 32

(1) After Rule 32.08(2) of the Principal Rules

insert—

"(3) An order may be made by a Master under

any of the Rules referred to in paragraphs (1)

and (2).".

(2) In Rule 77.02(1) of the Principal Rules, after

"22.06(1)(d)" insert ", 32.08(3)".
Supreme Court (Chapter I Amendment No. 18) Rules 2001

S.R. No. 111/2001 r. 5

5. Update of definition

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

' "psychologist" means—

(a)

a registered psychologist within the Registration Act 2000; or

(b)	a person qualified to be registered under Part 2 of the Psychologists Registration Act 2000; or
(c)	a person who practises psychology in a place outside Victoria;'.

6. Subpoena before Prothonotary

In Rule 42.10(16) of the Principal Rules, omit
", but not earlier than three months after the day
specified in a subpoena under this Rule for

production of the document,".

7. Evidence transcript costs

In Rule 63.22.1 of the Principal Rules, omit "in a
manner authorised by Part VI of the Evidence Act
1958".

8. Provision for taxation on an indemnity basis In Rule 63.28 of the Principal Rules, for paragraph (c) substitute—

"(c) an indemnity basis; or

(d) such other basis as the Court may direct.".

9. New Rule 63.30.1 inserted

Supreme Court (Chapter I Amendment No. 18) Rules 2001

r. 12 S.R. No. 111/2001

After Rule 63.30 of the Principal Rules insert—

"63.30.1 Indemnity basis

(1) Subject to paragraph (2), on a taxation on an

indemnity basis all costs shall be allowed
except in so far as they are of an
unreasonable amount or have been
unreasonably incurred.

(2) Any doubt which the Taxing Master may

have as to whether the costs were
unreasonably incurred or were unreasonable
in amount shall be resolved in favour of the

party to whom the costs are payable.".

10. Taxation of disbursements

In Rule 63.43 of the Principal Rules, for
paragraph (2) substitute—

"(2) On the taxation, the disbursement may be

allowed if—

(a) it is paid before taxation; or

(b) an undertaking to the Court, satisfactory to the Taxing Master, is given that it will be paid within a time specified in the undertaking.".

11.  Consequential amendments following enactment of Corporations Act

(1) In Rule 62.02(1)(f) of the Principal Rules omit "or

the Corporations Law".

(2) In Rule 73.01 of the Principal Rules, in the

definition of "securities", in paragraph (a)(ii) omit

"or under the Corporations Law".

(3) In Rule 73.13(1) of the Principal Rules omit "or

under the Corporations Law".

12. Amendment of Appendix A

Supreme Court (Chapter I Amendment No. 18) Rules 2001

S.R. No. 111/2001

In Appendix A to the Principal Rules—

(a) in item 1, for "originating proceeding (including a petition) or appeal, or to make or oppose any motion or application in the Court in its probate jurisdiction or under the Companies (Victoria) Code or the Corporations Law" substitute "proceeding or appeal";

(b) in item 2 omit "not otherwise provided for";

(c) in the heading immediately preceding item 11A omit "Law";

(d) in item 11A, for "Law" substitute "Act".

Dated: 25 October 2001

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
ALEX CHERNOV, J.A.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
DAVID ASHLEY, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.

Supreme Court (Chapter I Amendment No. 18) Rules 2001

r. 12 S.R. No. 111/2001

ROSEMARY BALMFORD, J.
E. W. GILLARD, J.
M. L. WARREN, J.

TONY PAGONE, J.

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Supreme Court (Chapter I Amendment No. 18) Rules 2001

S.R. No. 111/2001 Endnotes

ENDNOTES

1 Rule 3: S.R. No. 19/1996. Reprint No. 3 as at 12 July 2001 incorporating

amendments up to S.R. No. 50/2001.