Supreme Court (Chapter II Amendment No. 13) Rules 1996 (Vic)

Supreme Court (Chapter II Amendment No. 13)

Rules 1996

S.R. No. 139/1996

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Amendment to the heading to Order 8	1
6.	Amendment of Rule 8.01—Interpretation	1
7.	Amendment of Rule 8.02—Application of Order	2
8.	Amendment of Rule 8.03—List	2
9.	Amendment of Rule 8.04—Judge in charge	2
10.	Amendment of Rule 8.16—Summons	3
11.	Amendment of Rule 8.18—Application of Order 4	3

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NOTES 5

i

STATUTORY RULES 1996

S.R. No. 139/1996

Supreme Court Act 1986

Supreme Court (Chapter II Amendment No. 13)

Rules 1996

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to expand the operation of Order 8 of the Principal Rules to include planning cases.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 3 February

1997.

4. Principal Rules

In these Rules, the Rules of Procedure in the Principal Rules.

5. Amendment to the heading to Order 8

For the heading to Order 8 of the Principal
Rules substitute "VALUATION,

COMPENSATION AND PLANNING".

6. Amendment of Rule 8.01—Interpretation
In Rule 8.01 of the Principal Rules—

Supreme Court (Chapter II Amendment No. 13) Rules 1996

r. 7

r. 9 S.R. No. 139/1996

(a)

for the definition of "valuation and ' "Order 8 case" means any proceeding

described in Rule 8.02;';

(b)

for the definition of "Valuation and ' "Valuation, Compensation and Planning

List" or "list" means the list referred
to in Rule 8.03 compiled by the

Prothonotary;'.

7. Amendment of Rule 8.02—Application of Order

In Rule 8.02 of the Principal Rules, after
paragraph (c) insert—

"(d) on appeal on a question of law from the

Planning division of the Administrative

Appeals Tribunal;

(e)	which otherwise arises under the Planning Appeals Act 1980 or any act or provision listed in the schedule referred to in section 13 of that Act;
(f)	which the Judge is satisfied is appropriate to be entered in the list, because it raises a question relating to land use or environment protection and may be conveniently dealt with in the list.".

8. Amendment of Rule 8.03—List

In Rule 8.03 of the Principal Rules—

(a)	for "valuation and compensation cases" substitute "Order 8 cases";
(b)

for "Valuation and Compensation List" Planning List".

9. Amendment of Rule 8.04—Judge in charge
Supreme Court (Chapter II Amendment No. 13) Rules 1996

S.R. No. 139/1996 r. 11

In Rule 8.04(3) of the Principal Rules for
"valuation and compensation case" substitute

"Order 8 case".

10. Amendment of Rule 8.16—Summons

In Rule 8.16 of the Principal Rules for "Rule
8.02(c)" substitute "paragraph (c) or (f) of Rule

8.02".

11. Amendment of Rule 8.18—Application of Order 4

In Rule 8.18 of the Principal Rules for "and division of the Administrative Appeals Tribunal.".

section 102(3) of the Land Acquisition and
Compensation Act 1986" substitute ", section
102(3) of the Land Acquisition and

Dated: 28 November 1996

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
K. M. HAYNE, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
G. HAMPEL, J.
H. NATHAN, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
JOHN J. HEDIGAN, J.

Supreme Court (Chapter II Amendment No. 13) Rules 1996

S.R. No. 139/1996

DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
J. M. BATT, J.
H. R. HANSEN, J.

ROSEMARY BALMFORD, J.

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Supreme Court (Chapter II Amendment No. 13) Rules 1996

S.R. No. 139/1996 Notes

NOTES

1 S.R. No. 334/1988 Reprinted to S.R. No. 70/1993 and subsequently

amended by S.R. Nos 41/1995, 71/1995 and 156/1995.