Supreme Court (Chapter I Amendment No. 8) Rules 1998 (Vic)

Supreme Court (Chapter I Amendment No. 8)

Rules 1998

S.R. No. 121/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Rule 33.09	1

33.09 Proceeding against medical expert 1

6. Authority of Masters 2

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NOTES 4

i

STATUTORY RULES 1998

S.R. No. 121/1998

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 8)

Rules 1998

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make provision with respect to hospital and medical reports and to make minor amendments of a statute law revision nature.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 25 September

1998.

4. Principal Rules

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

Rules.

5. Rule 33.09

After Rule 33.08.1 of the Principal Rules insert—

"33.09 Proceeding against medical expert

(1) This Rule applies to a proceeding in which

the plaintiff claims damages for bodily injury

Supreme Court (Chapter I Amendment No. 8) Rules 1998

r. 6 S.R. No. 121/1998

sustained as a result of medical or the like treatment or advice given in respect of any physical or mental condition of the plaintiff.

(2) Unless the Court otherwise orders, a party

who is required to serve a copy of a hospital
report or medical report under this Order
may exclude from the copy served any
expression of opinion in the original report
on the question of liability and, if the
original report contains any statement with
respect to the facts on which the opinion is
based, any statement with respect to a fact

that relates only to the question of liability.".

6. Authority of Masters

In Rule 77.01(b) of the Principal Rules—

(a)

after the item referring to the Instruments "Legal Practice Act 1996, section 116(1);"

(b) in the item referring to the Supreme Court Act 1986 for "60A, Division 2 of Part 6 (except section 75), sections" substitute "76,".

Dated: 24 September 1998

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.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
P. D. CUMMINS, J.

Supreme Court (Chapter I Amendment No. 8) Rules 1998

S.R. No. 121/1998 r. 6

ALLAN W. McDONALD, J.
T. H. SMITH, J.
JOHN J. HEDIGAN, J.
J. A. COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.

ALEX CHERNOV, J.

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Supreme Court (Chapter I Amendment No. 8) Rules 1998

Notes S.R. No. 121/1998

NOTES

1 Rule 4: S.R. No. 19/1996. Reprint No. 1 as at 1 September 1998.