Supreme Court (Chapter I Legal Identity of Defendants (Organisational Child Abuse) Amendment) Rules 2020 (Vic)

Supreme Court (Chapter I Legal Identity of Defendants (Organisational Child Abuse) Amendment) Rules 2020

S.R. No. 30/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Order 85

6New Form 85A

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Endnotes

STATUTORY RULES 2020

S.R. No. 30/2020

Supreme Court Act 1986

Supreme Court (Chapter I Legal Identity of Defendants (Organisational Child Abuse) Amendment) Rules 2020

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 rules for the purposes of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018.

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 6 May 2020.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2015[1] are called the Principal Rules.

5New Order 85

After Order 84 of the Principal Rules insert—

"Order 85—Procedure under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018

85.01Definitions

(1)In this Order—

the Act means the Legal Identity of Defendants (Organisational Child Abuse) Act 2018.

(2)An expression used in the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 has the same meaning in this Order as it has in that Act.

85.02Nomination of proper defendant

(1)A nomination of an entity to act as a proper defendant to a claim and consent under section 7 of the Act, made after the commencement of a proceeding, shall be in Form 85A and include an address for service.

(2)The nomination shall be filed with the Prothonotary and served on each party to the proceeding and on the entity nominated to act as a proper defendant within 7 days of the nomination being filed.

Note

See section 13 of the Act as to commencement of a proceeding pending the nomination of a proper defendant under section 7 of the Act or the appointment of a proper defendant under section 8 of the Act.

85.03Amendment, filing and service of originating process and statement of claim

Where a proper defendant is nominated under section 7 of the Act, unless the court otherwise directs, within 7 days after the service of a nomination on the plaintiff—

(a)the plaintiff shall file with the Prothonotary an amended originating process and statement of claim identifying the proper defendant to the claim acting on behalf of the NGO; and

(b)shall serve any party with the amended originating process and statement of claim sealed in accordance with Rule 5.11.

Note

NGO means a non-government organisation that is an unincorporated association or body: see section 5 of the Act.

85.04Application for order that associated trust be proper defendant

An application under section 8 of the Act shall be made by summons.

Note

See section 8(9) of the Act as to the on-going obligations of an NGO in relation to the conduct of the proceeding.".

6New Form 85A

After Form 84A of the Principal Rules insert—

"Form 85A—Nomination of proper defendant

Rule 85.02

NOMINATION OF PROPER DEFENDANT UNDER SECTION 7 OF THE LEGAL IDENTITY OF DEFENDANTS (ORGANISATIONAL CHILD ABUSE) ACT 2018

[heading as in originating process]

To:    The Prothonotary

The Plaintiff

The Proper Defendant

NOMINATION OF PROPER DEFENDANT

[Insert name of NGO], an NGO to which the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 applies, under section 7 of that Act, nominates [insert name of entity that is capable of being sued] as a proper defendant under the Act.

[Name of entity]

is an entity that is capable of acting as a proper defendant to the claim on behalf of the NGO.

[Signed]

Signature of NGO or the NGO's solicitor:

Address of NGO:

CONSENT OF NOMINATED ENTITY TO BE PROPER DEFENDANT

[Name of entity nominated as proper defendant] consents to this nomination.

[Signed]

Signature of nominated entity or the nominated entity's solicitor:

Address for service of nominated entity:

Date: [insert date]

Filed: [insert date filed]".

Dated:   30 April 2020

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

STEPHEN KAYE, J.A.

R. NIALL, J.A.

KIM HARGRAVE, J.A.

TERRY FORREST, J.A.

KARIN EMERTON, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

RITA INCERTI, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

J. R. CHAMPION, 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.

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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 and 124/2019.