Supreme Court (Chapter I (Inspection and Affidavits) Amendment) Rules 2021 (Vic)

Supreme Court (Chapter I (Inspection and Affidavits) Amendment) Rules 2021

S.R. No. 105/2021

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Rule 28.05 substituted

5New Rule 43.00 inserted

6Content of affidavit

7Rule 43.06 substituted

8Statute law revision

9Form 43A substituted

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Endnotes

STATUTORY RULES 2021

S.R. No. 105/2021

Supreme Court Act 1986

Supreme Court (Chapter I (Inspection and Affidavits) Amendment) Rules 2021

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 make further provision in relation to the inspection of documents and certification of exhibits to affidavits.

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 2021.

4Rule 28.05 substituted

For Rule 28.05 of the Supreme Court (General Civil Procedure) Rules 2015[1] substitute—

"28.05   Inspection of documents

(1)Subject to this Rule, when the office of the Court is open, any person, on payment of the proper fee, may inspect and obtain a copy of any document filed in a proceeding.

(2)A person not a party may not inspect or obtain a copy of the following documents without leave of the Court—

(a)affidavits;

(b)exhibits to affidavits;

(c)witness statements;

(d)expert reports, including those filed pursuant to Order 33 or Order 44 of these Rules; and

(e)written submissions, outlines of argument and chronologies.

(3)Paragraph (2) does not apply to a document that has been—

(a)read or relied on in open court; or

(b)relied on in an application determined without a hearing.

(4)No person may inspect or obtain a copy of a document which the Court has ordered remain confidential.

(5)A person not a party may not, without leave of the Court, inspect or obtain a copy of a document which in the opinion of the Prothonotary, or in the case of a document filed in a proceeding in the Court of Appeal, the Registrar of the Court of Appeal, ought to remain confidential to the parties.".

5New Rule 43.00 inserted

Before Rule 43.01 of the Supreme Court (General Civil Procedure) Rules 2015 insert—

"43.00   Definitions for this Order

In this Order—

bundle exhibit means an exhibit containing one or more documents referred to in an affidavit, ordered in the sequence that those documents are referred to;

confidential bundle exhibit means an exhibit containing one or more documents that the party filing the affidavit claims are confidential.".

6Content of affidavit

After Rule 43.03(2) of the Supreme Court (General Civil Procedure) Rules 2015 insert—

"(3)Except in relation to an affidavit filed in a proceeding to which Chapter III of the Rules applies, an affidavit that has a bundle exhibit or a confidential bundle exhibit annexed to it shall—

(a)have the pages sequentially numbered from the first page of the affidavit to the last page of the bundle exhibit or the confidential bundle exhibit (as applicable, and if both, whichever is the latter); and

(b)identify, in the body of the affidavit, any reference to a document contained in a bundle exhibit or a confidential bundle exhibit by reference to the page numbers applied to it in accordance with paragraph (a).".

7Rule 43.06 substituted

For Rule 43.06 of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

'43.06   Exhibits

(1)This Rule does not apply to an affidavit filed in a proceeding to which Chapter III of the Rules applies.

(2)Subject to paragraph (3), where one or more documents are referred to in an affidavit, they shall be annexed to the affidavit as a bundle exhibit.

(3)Where one or more documents are referred to in an affidavit and the party filing the affidavit claims that the documents are confidential, they shall be annexed to the affidavit as a confidential bundle exhibit.

(4)A bundle exhibit to an affidavit shall be identified by a certificate annexed to it—

(a)bearing the same heading as the affidavit; and

(b)signed by the deponent and the person before whom the affidavit is sworn or affirmed.

(5)The certificate shall—

(a)be in Form 43A; and

(b)contain in the bottom right hand corner of the page in bold type and in a font size not less than 20 points the distinguishing mark of the exhibit and the words "Bundle of documents referred to in the affidavit of" or "Bundle of confidential documents referred to in the affidavit of" (as applicable) followed by—

(i)the name of the deponent; and

(ii)the date that the affidavit was made.'.

8Statute law revision

(1)In Rule 43.01(5), (6) and (7) of the Supreme Court (General Civil Procedure) Rules 2015, after "sworn" insert "or affirmed".

(2)In Rule 43.02(1) of the Supreme Court (General Civil Procedure) Rules 2015, after "sworn" (where twice occurring) insert "or affirmed".

(3)In Rule 43.04 of the Supreme Court (General Civil Procedure) Rules 2015, after "sworn" (where twice occurring) insert "or affirmed".

(4)In Rule 43.05(1) of the Supreme Court (General Civil Procedure) Rules 2015, after "sworn" insert "or affirmed".

(5)In Rule 43.07 of the Supreme Court (General Civil Procedure) Rules 2015, after "sworn" insert "or affirmed".

9Form 43A substituted

For Form 43A of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

'Form 43A—Certificate identifying exhibit or exhibits

Rule 43.06(5)

CERTIFICATE IDENTIFYING EXHIBIT OR EXHIBITS

[heading as in affidavit]

*This is the exhibit marked [e.g. "ABC1"]/*These are the exhibits marked [list exhibits in bundle of documents or bundle of confidential documents as applicable e.g. "ABC1, DEF2 etc] now produced and shown to [identify deponent] at the time of swearing or affirming the person's affidavit on [date].

[Signature of deponent]

[Signature of person taking affidavit]

[state distinguishing mark of exhibit or exhibits
and briefly and specifically described each exhibit,
bundle of documents or bundle of confidential
documents, as applicable [use a schedule if
insufficient space]: e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09] 

print distinguishing mark and description in bold type and in a font size not less than 20 points in lower right hand corner of the page.

*Delete if not applicable'.

Dated:   26 August 2021

ANNE FERGUSON, C.J.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

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

R. NIALL, J.A.

M. L. SIFRIS, J.A.

KRISTEN WALKER J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

JOHN R. DIXON, J.

KATE McMILLAN, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

P. J. RIORDAN, J.

A. J. KEOGH, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

KEVIN J. A. LYONS, J.

LESLEY TAYLOR, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

JIM DELANY, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

STEPHEN O'MEARA, J.

RICHARD ATTIWILL, J.

CATHERINE BUTTON, J.

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Endnotes

[1] Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 38/2019, 73/2019, 90/2019, 122/2019, 124/2019, 29/2020, 30/2020, 57/2020, 98/2020, 16/2021 and 17/2021.