Supreme Court (Chapter II Amendment No. 3) Rules 2001 (Vic)

Supreme Court (Chapter II Amendment No. 3)

Rules 2001

S.R. No. 73/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	2
5.	Revocation of Rules relating to Foreign Judgments Act 1962	2
6.	Amendment of affidavit requirements for applications for
registration of foreign judgments	2
7.	New Order 12 substituted	2

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ENDNOTES 6

i

STATUTORY RULES 2001

S.R. No. 73/2001

Supreme Court Act 1986
Foreign Judgments Act 1962

Juries Act 2000

Supreme Court (Chapter II Amendment No. 3)

Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the Supreme
Court (Miscellaneous Civil Proceedings) Rules

1998 to—

(a)	amend the Order providing for the registration of foreign judgments; and
(b)	provide for jury service appeals under the Juries Act 2000.

2. Authorising provisions

These Rules are made under section 25 of the Foreign Judgments Act 1962, section 88(1) of the Juries Act 2000 and all other enabling powers.

3. Commencement

These Rules come into operation on 1 August
2001.

Supreme Court (Chapter II Amendment No. 3) Rules 2001

S.R. No. 73/2001 r. 4

4. Principal Rules

In these Rules, the Supreme Court (Miscellaneous
Civil Proceedings) Rules 19981 are called the
Principal Rules.

5. Revocation of Rules relating to Foreign Judgments Act 1962

Part 1 of Order 11 of the Principal Rules is revoked.

6.  Amendment of affidavit requirements for applications for registration of foreign judgments

In Rule 11.16(1)(h) of the Principal Rules, for "at the rate of exchange prevailing on the day of the application" substitute "in accordance with section 6(11) to (11B) of the Act".

7. New Order 12 substituted

For Order 12 of the Principal Rules substitute—

'ORDER 12

JURY SERVICE APPEALS

12.01 Definitions

In this Order—
"appellant" means any person who is

aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 of the Act;

"the Act" means the Juries Act 2000.

12.02 Application

This Order applies to any proceeding in the

Court under section 10 of the Act.

12.03 Lodgment of appeal under section 10

Supreme Court (Chapter II Amendment No. 3) Rules 2001

r. 7 S.R. No. 73/2001

(1) An appellant shall deliver or send by post to

the Juries Commissioner a notice of appeal

stating—

(a)

the reasons why the appellant is decision; and

(b) whether the appellant wishes to have the appeal determined by the Judge without any attendance by or on behalf of the appellant.

(2) If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Juries Commissioner shall send to the appellant a

notice—

(a)

directing that the appellant within notice deliver or send by post reasons in writing to the Juries Commissioner; and

(b) stating that if the appellant fails to do so the appeal will be taken to be abandoned.

(3) If the appellant fails to deliver or send by

post written reasons in accordance with the
notice in paragraph (2), the appeal is

abandoned.

12.04 Papers for Judge

After receiving a notice of appeal and reasons the Juries Commissioner shall without delay deliver all papers relating to

the appeal to a Judge nominated by the Chief

Justice.

12.05 Judge to consider papers

Supreme Court (Chapter II Amendment No. 3) Rules 2001

r. 7
r. 7

S.R. No. 73/2001

(1) If the appellant has expressed the wish to

have the appeal determined without any
attendance by or on behalf of the appellant,

the Judge after examining the papers may—

(a) determine the appeal on the papers; or

(b) set a date, time and place for hearing the appeal.

(2) In any other case, the Judge after examining

the papers may—

(a) allow the appeal on the papers; or

(b) set a date, time and place for hearing the appeal.

(3) The Juries Commissioner shall without delay

notify the appellant of the Judge's

determination under this Rule.

12.06 Hearing of appeal

Subject to Rule 12.07, at the hearing of an appeal the Judge—

(a) shall hear the appellant; and

(b)	may permit the Juries Commissioner to take part in the appeal; and
(c)	shall conduct the appeal in such manner as the interests of justice require.

12.07 If appellant does not appear

(1) If at the hearing of the appeal there is no

attendance by or on behalf of the appellant, the Judge may determine the appeal on the papers.

(2) The Juries Commissioner shall without delay

notify the appellant of the Judge's
determination under this Rule.'.

Supreme Court (Chapter II Amendment No. 3) Rules 2001

r. 7 S.R. No. 73/2001

Dated: 26 July 2001

J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A.

W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
E. W. GILLARD, J.
MURRAY B. KELLAM, J.
M. L. WARREN, J.
BERNARD D. BONGIORNO, J.
D. J. HABERSBERGER, J.

G. R. FLATMAN, J.

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Supreme Court (Chapter II Amendment No. 3) Rules 2001

Endnotes

S. R. No. 73/2001

ENDNOTES

1 Rule 4: S.R. No. 110/1998 as amended by S.R. Nos 132/1999 and 97/2000.