Supreme Court (Chapter Ii Amendment No. 1) Rules 1999 (Vic)

Supreme Court (Chapter II Amendment No. 1)

Rules 1999

S.R. No. 132/1999

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Insertion of Rule 4.17.1	1

4.17.1 Affidavit to be filed if leave not needed 1

6.	New definition	2
7.	Revocation of redundant provision	2
8.	Admission to practise	2
9.	Insertion of Rules 14.11 and 14.12	3

14.11 Applicants to appear in person 3

14.12 Objections 3

10. Substitution of Rules 15.03 and 15.04 3

15.03 Referral under section 160(1)(c)(iv) 3

11. Change to oath of office 5

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NOTES 7

i

STATUTORY RULES 1999

S.R. No. 132/1999

Supreme Court Act 1986

Supreme Court (Chapter II Amendment No. 1)

Rules 1999

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the procedure concerning referrals relating to misconduct by legal practitioners and to make other minor amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 1 January

2000.

4. Principal Rules

In these Rules, Chapter II of the Rules of the Supreme Court1 is called the Principal Rules.

5. Insertion of Rule 4.17.1

After Rule 4.17 of the Principal Rules insert—

"4.17.1 Affidavit to be filed if leave not needed

If leave to appeal is not necessary, Rule 4.12 applies to the appeal.".

Supreme Court (Chapter II Amendment No. 1) Rules 1999

r. 6 S.R. No. 132/1999

6. New definition

In Rule 14.01 of the Principal Rules insert the
following definition—

' "mutual recognition legislation" means—

(a) Commonwealth as adopted under

the Mutual Recognition Act 1992 of the (Victoria) Act 1998;

(b) the Trans-Tasman Mutual Recognition
Act 1997 of the Commonwealth as
adopted under section 4 of the Trans-
Tasman Mutual Recognition
(Victoria) Act 1998;'.

7. Revocation of redundant provision

Rule 14.02 of the Principal Rules is revoked.

8. Admission to practise

At the end of Rule 14.10 of the Principal Rules
insert—
"(2) Unless these Rules otherwise provide or the

Chief Justice otherwise directs, a motion for admission may be made only on the days appointed in each year by the Court for motions for admission.

(3) Any application to the Court under the

mutual recognition legislation may be heard
by a Judge and paragraph (2) does not
apply.".

Supreme Court (Chapter II Amendment No. 1) Rules 1999

S.R. No. 132/1999 r. 9

9. Insertion of Rules 14.11 and 14.12

After Rule 14.10 of the Principal Rules insert—

"14.11 Applicants to appear in person

(1) An applicant for admission (other than an

applicant under the mutual recognition

legislation) shall appear in person in Court.

(2) An applicant shall produce to the Court the
certificate of the Board of Examiners, or the

order of the Court, on which he or she relies.

14.12 Objections

Any person desiring to show cause to the Court why an applicant should not be admitted may show cause before a Judge not less than 14 days before the day appointed for the hearing of the applicant's motion for admission.".

10. Substitution of Rules 15.03 and 15.04

For Rules 15.03 and 15.04 of the Principal Rules substitute—

"15.03 Referral under section 160(1)(c)(iv)

(1) If the Full Tribunal refers a practitioner to

the Court under section 160(1)(c)(iv) of the proceeding in which the referral was made shall forthwith apply to the Court by originating motion for it to determine whether the practitioner's name should be struck off the roll of practitioners.

(2) The originating motion shall name the

applicant as plaintiff and the practitioner as
defendant.

Supreme Court (Chapter II Amendment No. 1) Rules 1999

r. 10 S.R. No. 132/1999

(3) The plaintiff shall file an affidavit in support

setting out the acts, facts, matters and
circumstances which led to the making of the
referral and exhibiting—

(a)	a copy of the referral certified as correct by the registrar of the Tribunal; and
(b)	any reasons given by the Tribunal for the making of the referral; and
(c)	if the Tribunal made a recommendation that the practitioner's name be struck off the roll of practitioners—

(i)

a copy of the recommendation of the Tribunal; and

(ii)

any reasons given by the Tribunal recommendation.

(4) The plaintiff shall serve the originating

motion and a copy of the affidavit on the
defendant as soon as is practicable.

(5) Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions.

(6) The Master shall refer the application under

paragraph (1) to a Judge for hearing and
determination.

(7) If the practitioner named in the referral has

appealed to the Court of Appeal from an
order of the Full Tribunal in the proceeding
in which the referral was made, the Judge
may reserve the application for the
consideration of the Court of Appeal under
section 17B of the Supreme Court Act
1986.".

Supreme Court (Chapter II Amendment No. 1) Rules 1999

S.R. No. 132/1999 r. 11

11. Change to oath of office

In Form 2-14B of the Principal Rules, for

"demean" substitute "conduct".

Dated: 9 December 1999

J. H. PHILLIPS, C.J.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
G. HAMPEL, J.
F. H. R. VINCENT, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
H. R. HANSEN, J.

Supreme Court (Chapter II Amendment No. 1) Rules 1999

r. 11 S.R. No. 132/1999

PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.

E. W. GILLARD, J.

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Supreme Court (Chapter II Amendment No. 1) Rules 1999

S.R. No. 132/1999 Notes

NOTES

1 Rule 4: S.R. No. 110/1998.