Supreme Court (Chapter I Amendment No. 21) Rules 2002 (Vic)

Supreme Court (Chapter I Amendment No. 21)

Rules 2002

S.R. No. 91/2002

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Incompetent appeal	1
6.	Notice of application	2
7.	Substitution of Rule 65.04	2
65.04	Filing and service	2
8.	Amendment of summons	2
9.	Substitution of Rule 65.10	3
65.10	Procedure on application	3

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ENDNOTES 5

i

STATUTORY RULES 2002

S.R. No. 91/2002

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 21)

Rules 2002

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the
Principal Rules with respect to applications to the

Court of Appeal.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 1 January

2003.

4. Principal Rules

In these Rules, the Supreme Court (General Civil
Procedure) Rules 19961 are called the Principal

Rules.

5. Incompetent appeal

After Rule 64.03(3) of the Principal Rules insert—

"(4) If leave to appeal is necessary and notice of

appeal is served before leave has been
granted, any person on whom the notice of
appeal has been served may apply to the

Supreme Court (Chapter I Amendment No. 21) Rules 2002

S.R. No. 91/2002 r. 6

Court of Appeal for an order dismissing the appeal as incompetent.".

6. Notice of application

In Rule 65.02 of the Principal Rules, for paragraph (3) substitute—

"(3) If an application is made on notice, notice of

the application shall be given to all persons interested in accordance with Rule 65.04.".

7. Substitution of Rule 65.04

For Rule 65.04 of the Principal Rules substitute—

"65.04 Filing and service

(1) The applicant shall file the affidavit in

support of an application within three days

after the filing of the summons.

(2) Within three days after the filing of the

summons, the applicant shall, if an
application is made on notice, serve a sealed
copy of the summons and a copy of the
affidavit in support and of any exhibit on
each person to whom notice of the

application is to be given.

(3) Within four days after the service of the

summons and affidavit in support, the
respondent shall file, and serve a copy of,
any affidavit in answer and shall serve a

copy of any exhibit.".

8. Amendment of summons

After Rule 65.09(2) of the Principal Rules insert—

"(3) The Registrar may with the consent of the

applicant and each respondent who has been
served with the summons alter the day for
hearing named in the summons.".

Supreme Court (Chapter I Amendment No. 21) Rules 2002

r. 9 S.R. No. 91/2002

9. Substitution of Rule 65.10

For Rule 65.10 of the Principal Rules substitute—

"65.10 Procedure on application

(1) Subject to this Rule, Order 46 shall with any

necessary modification apply to an
application to the Court of Appeal under this
Order.

(2) An application may be determined by the

Court of Appeal without the attendance of, and without hearing, the applicant or any respondent provided that not less than three days before the day appointed for the hearing of the application the Registrar, at the direction of the Court, has notified all parties that attendance by them or on their behalf is not required.

(3) If an application is determined under

paragraph (2), the Court of Appeal may upon application under this paragraph by any party to the summons set aside or vary the order

made under paragraph (2).

(4) If an application under paragraph (3) is

dismissed and costs are ordered against the
party making that application, such costs

may be ordered on an indemnity basis.".

Dated: 26 September 2002

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
J. M. BATT, J.A.

Supreme Court (Chapter I Amendment No. 21) Rules 2002

S.R. No. 91/2002

PETER BUCHANAN, J.A.
F. H. R. VINCENT, J.A.
G. M. EAMES, J.A.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
T. H. SMITH, J.
D. L. HARPER, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
E. W. GILLARD, J.
M. L. WARREN, J.
D. J. HABERSBERGER, J.
R. S. OSBORN, J.

GEOFFREY NETTLE, J.

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Supreme Court (Chapter I Amendment No. 21) Rules 2002

Endnotes	S.	R. No. 91/2002
ENDNOTES

1 Rule 4: S.R. No. 19/1996. Reprint (No. 3) incorporating amendments as at

12 July 2001. Subsequently amended by S.R. Nos 111/2001, 130/2001
and 36/2002.