Supreme Court (Chapter I Court of Appeal Amendments) Rules 2016 (Vic)

Supreme Court (Chapter I Court of Appeal Amendments) Rules 2016

S.R. No. 106/2016

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Appeal to Court of Appeal

5Time for filing application for leave to appeal or notice of appeal

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Endnotes

STATUTORY RULES 2016

S.R. No. 106/2016

Supreme Court Act 1986

Supreme Court (Chapter I Court of Appeal Amendments) Rules 2016

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 to provide for—

(a)the service of offers of compromise in relation to applications for leave to appeal (as well as appeals) to the Court of Appeal; and

(b)the empowering of Judges of the Trial Division, in specified circumstances, to extend time for applications for leave to appeal and appeals to the Court of Appeal.

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 1 October 2016.

4Appeal to Court of Appeal

For Rule 26.12 of the Supreme Court (General Civil Procedure) Rules 2015[1] substitute—

"26.12   Appeal to Court of Appeal

(1)Where a copy of—

(a)an application for leave to appeal;

(b)a notice of appeal to the Court of Appeal;

(c)an application for leave to cross-appeal; or

(d)a notice of cross-appeal to the Court of Appeal—

has been served, a party may serve on another party an offer to compromise the application, appeal or cross-appeal (as the case may be) on the terms specified in the offer.

(2)The offer may be on terms that take into account any application, appeal or cross‑appeal of the other party.

(3)Where in relation to a matter being an application for leave to appeal, an appeal, an application for leave to cross-appeal or a cross-appeal—

(a)a party has made an offer in writing to the other party (whether or not expressed to be without prejudice) to compromise the matter on the terms specified in the offer;

(b)the offer was open to be accepted for a reasonable time, but was not accepted; and

(c)the party making the offer obtains an order on the matter no less favourable to that party than the terms of the offer—

the Court of Appeal shall take those things, and also the stage at which the offer was made, into account in determining what order for costs to make in respect of the matter or, where appropriate, in respect of the matter and the proceeding more generally.

(4)The Court of Appeal, in exercising its discretion as to costs in accordance with paragraph (3), may order that the party on whom the offer to compromise was served pay the costs of the party who made the offer, taxed on a basis other than the ordinarily applicable basis—

(a)from the commencement of the matter;

(b)from the day the offer was served; or

(c)from any other time that the Court thinks fit.

(5)Unless the offer to compromise provides that the offer is not made without prejudice, no statement of the fact that an offer to compromise has been made shall be contained in any affidavit and no communication with respect to the offer shall be made to the Court of Appeal until the matter has been determined save as to costs.".

5Time for filing application for leave to appeal or notice of appeal

In Rule 64.05(1) of the Supreme Court (General Civil Procedure) Rules 2015—

(a)in paragraph (a), omit "or" where secondly occurring;

(b)in paragraph (b), for "allow." substitute "allow; or";

(c)after paragraph (b) insert—

"(c)in the case of a decision of a Judge of the Trial Division, within such further time as that Judge or another Judge of the Trial Division may, before the expiry of the period referred to in paragraph (a), allow.".

Dated:    25 August 2016

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

R. S. OSBORN, J.A.

DAVID F. R. BEACH, J.A.

S. G. E. McLEISH, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

JOANNE CAMERON, J.

MICHAEL McDONALD, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

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Endnotes

[1] Rule 4: S.R. No. 103/2015 as amended by S.R. Nos 143/2015, 144/2015, 14/2016, 51/2016 and 52/2016.