Supreme Court (Chapter I Amendment No. 5) Rules 1997 (Vic)

Supreme Court (Chapter I Amendment No. 5)

Rules 1997

S.R. No. 138/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Order 41A inserted	1
ORDER 41A—APPLICATION UNDER SECTION 42E(1)
OF THE EVIDENCE ACT 1958	2
41A.01 Application of Order	2
41A.02 Form of application	2
41A.03 Filing	2
41A.04 Service	2
41A.05 Duty of applicant	2
41A.06 Payment of costs	2
6.	Authority of Masters	3
7.	New Form 41AA inserted	3

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NOTES 6

i

STATUTORY RULES 1997

S.R. No. 138/1997

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 5)

Rules 1997

The Judges of the Supreme Court make the following Rules:

1.            Object

The object of these Rules is to facilitate applications to the Court under section 42E(1) of the Evidence Act 1958.

2.            Authorising provisions

These Rules are made under section 25 of the powers.

3.            Commencement

These Rules come into operation on the day on which section 5 of the Evidence (Audio Visual and Audio Linking) Act 1997 comes into

operation.

4.            Principal Rules

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

5.            New Order 41A inserted

After Order 41 of the Principal Rules insert—

Supreme Court (Chapter I Amendment No. 5) Rules 1997

r. 5 S.R. No. 138/1997

"ORDER 41A—APPLICATION UNDER

SECTION 42E(1) OF THE EVIDENCE ACT

1958

41A.01	Application of Order
This Order applies to an application for a direction under section 42E(1) of the Evidence Act 1958.
41A.02	Form of application
Notice of an application shall be in Form 41AA.
41A.03	Filing
The applicant shall file the notice at least 14 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court.
41A.04	Service
As soon as practicable after the filing of the notice the applicant shall serve a copy on every other party.
41A.05	Duty of applicant
If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant shall notify the Prothonotary forthwith.
41A.06	Payment of costs
Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant .".

Supreme Court (Chapter I Amendment No. 5) Rules 1997

S.R. No. 138/1997 r. 6

6.            Authority of Masters

In Rule 77.01(b) of the Principal Rules, in the item relating to the Evidence Act 1958, after "Part I" insert ", section 42E".

7.            New Form 41AA inserted

After Form 41D to the Principal Rules insert—

"RULE 41A.02 FORM 41AA

NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE

EVIDENCE ACT 1958

[heading as in originating process]

PART 1— PARTICULARS OF APPLICATION

I, [name of applicant]

of [address of applicant or firm of solicitor for applicant]

hereby request an *audio visual/*audio link in accordance with the
following details—

1.      *Audio visual/*Audio link—

From [originating city/town]

To [receiving city/town]

2.      Type of hearing—[e.g.*Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]

3.      Number of persons to appear before, or give evidence by *audio visual/*audio link—

4.      Suggested time (if any) for link—

5.      Estimate of duration of link—

6.      Is this application being made with the consent of the parties to the proceeding?—

7.      If the answer to question 6 is No, what parties have not given consent?—

8.      If a hearing date has been fixed, what is the date of the hearing?—

I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.

Supreme Court (Chapter I Amendment No. 5) Rules 1997

r. 7 S.R. No. 138/1997

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Prothonotary)

The application will be heard before the Judge in the Practice Court,
Supreme Court, William Street, Melbourne [or the Master in Court No. ,
Supreme Court, 436 Lonsdale Street, Melbourne] on [e.g. 20 June, 19 ]

at a.m.[or p.m.] or so soon afterwards as the business of the Court allows.

FILED [e.g. 15 June, 19 ].

*strike out as appropriate.".

Dated: 27 November 1997

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.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
BARRY BEACH, J.
G. HAMPEL, J.
F. H. R. VINCENT, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.

Supreme Court (Chapter I Amendment No. 5) Rules 1997

S.R. No. 138/1997 r. 7

JOHN J. HEDIGAN, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.

ALEX CHERNOV, J.

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Supreme Court (Chapter I Amendment No. 5) Rules 1997

Notes S.R. No. 138/1997

NOTES

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

31/1997 and 137/1997.