Supreme Court (Chapter I Amendment No. 3) Rules 1997 (Vic)

Supreme Court (Chapter I Amendment No. 3)

Rules 1997

S.R. No. 31/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 64.17	1
5.	Revocation of Rule 64.26(1)(j)	1
6.	Substitution of Rule 64.27	2
64.27. Jurisdiction and powers exercisable by two Judges of

Appeal	2
64.28. Exercise of powers by Master	2

═══════════════

NOTES 4

i

STATUTORY RULES 1997

S.R. No. 31/1997

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 3)

Rules 1997

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to specify the jurisdiction and powers of the Court of Appeal exercisable by two Judges of Appeal and to make other amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under sections 11(1B) and 25 of the Supreme Court Act 1986 and all other enabling powers.

3. Principal Rules

In these Rules, the General Rules of Procedure in
Civil Proceedings 19961 are called the Principal

Rules.

4. Amendment of Rule 64.17

In Rule 64.17(2) of the Principal Rules omit ", or within such further time as the Court of Appeal allows,".

5. Revocation of Rule 64.26(1)(j)

Rule 64.26(1)(j) of the Principal Rules is revoked.

Supreme Court (Chapter I Amendment No. 3) Rules 1997

r. 6 S.R. No. 31/1997

6. Substitution of Rule 64.27

For Rule 64.27 of the Principal Rules substitute—

"64.27. Jurisdiction and powers exercisable by two

Judges of Appeal

(1) Two Judges of Appeal may constitute, and

may exercise all the jurisdiction and powers
of, the Court of Appeal in the following
classes of applications or appeals to or

proceedings in the Court of Appeal—

(a) applications to which Order 65 applies;

(b)	applications or proceedings described in Rule 64.26(1);
(c)	any appeal where all the parties have before the hearing filed a consent to the hearing and determination of the appeal by two Judges of Appeal;
(d)	appeals from judgments or orders in interlocutory applications.

(2) Two Judges of Appeal may make any order or give any direction incidental or ancillary to the exercise by them of the jurisdiction

and powers of the Court of Appeal.

64.28. Exercise of powers by Master

In the absence of the Registrar or at his request, any Master may exercise any power or authority conferred on the Registrar by or under this Order or Order 65.".

Dated: 17 April 1997

J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A.

Supreme Court (Chapter I Amendment No. 3) Rules 1997

S.R. No. 31/1997 r. 6

K. M. HAYNE, J.A.
STEPHEN CHARLES, J.A.
BARRY BEACH, J.
G. HAMPEL, J.
F. H. R. VINCENT, J.
ALLAN W. McDONALD, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
J. A. COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
J. M. BATT, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.

ROSEMARY BALMFORD, J.

═══════════════

Supreme Court (Chapter I Amendment No. 3) Rules 1997

Notes S.R. No. 31/1997

NOTES

1 S.R. No. 19/1996 as amended by S.R. Nos 137/1996 and 138/1996.