Supreme Court (Chapter I Amendment No. 9) Rules 2007 (Vic)

Supreme Court (Chapter I Amendment No. 9) Rules 2007

S.R. No. 91/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Appeals on question of law

6Heading to Part 4 of Order 58 substituted

7Rule 58.17 substituted

58.17Application of Part

8Heading to Part 5 of Order 58 substituted

9Rule 58.22 substituted

58.22Application of Part

10Recording of decision on appeal

11Application for rehearing of appeal

12Forms amended

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 91/2007

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 9) Rules 2007

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court consequential on the enactment of the Children, Youth and Families Act 2005.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 3 September 2007.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.

5Appeals on question of law

For Rule 58.06(b) of the Principal Rules substitute—

"(b)under section 329 or 427 of the Children, Youth and Families Act 2005;".

6Heading to Part 4 of Order 58 substituted

For the heading to Part 4 of Order 58 of the Principal Rules substitute—

"PART 4—APPEALS UNDER SECTION 271 OF OR CLAUSE 13 OR 18 OF SCHEDULE 1 TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005".

7Rule 58.17 substituted

For Rule 58.17 of the Principal Rules substitute—

"58.17   Application of Part

This Part applies to an appeal to the Court under section 271 of, or clause 13 or 18 of Schedule 1 to, the Children, Youth and Families Act 2005.".

8Heading to Part 5 of Order 58 substituted

For the heading to Part 5 of Order 58 of the Principal Rules substitute—

"PART 5—APPEALS UNDER SECTIONS 328 AND 424 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005".

9Rule 58.22 substituted

For Rule 58.22 of the Principal Rules substitute—

"58.22   Application of Part

This Part applies to an appeal to the Trial Division under section 328 or 424 of the Children, Youth and Families Act 2005 from the Children's Court constituted by the President of that Court.".

10Recording of decision on appeal

(1)In the heading to Rule 58.29 of the Principal Rules, for "197" substitute "424".

(2)In Rule 58.29(1) of the Principal Rules, for "197 of the Children and Young Persons Act 1989" substitute "424 of the Children, Youth and Families Act 2005".

11Application for rehearing of appeal

(1)In the heading to Rule 58.31 of the Principal Rules, for "116" substitute "328".

(2)In Rule 58.31(1) of the Principal Rules, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005".

12Forms amended

In the Principal Rules—

(a)in Form 58A, for "80B of the Children and Young Persons Act 1989" (wherever occurring) substitute "271 of the Children, Youth and Families Act 2005";

(b)in Form 58B—

(i)for "116 or section 197 of the Children and Young Persons Act 1989" substitute "328 or section 424 of the Children, Youth and Families Act 2005";

(ii)for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005";

(c)in Form 58E, for "Children and Young Persons Act 1989" substitute "Children, Youth and Families Act 2005";

(d)in Form 58H, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005";

(e)in Form 58J, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005".

Dated:    30 August 2007

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

ALEX CHERNOV, J.A.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MURRAY B. KELLAM, J.A.

BERNARD G. TEAGUE, J.

T. H. SMITH, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

JACK FORREST, J.

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ENDNOTES

[1] Rule 4: S.R. No. 148/2005.  Subsequently amended by S.R. Nos 43/2006, 98/2006, 102/2006, 162/2006, 169/2006, 171/2006, 5/2007 and 27/2007.