Supreme Court (Chapter Ii Senior Counsel Amendment) Rules 2023 (Vic)

Supreme Court (Chapter II Senior Counsel Amendment) Rules 2023

S.R. No. 96/2023

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rules 14.11 and 14.12 inserted

6Note revoked

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Endnotes

STATUTORY RULES 2023

S.R. No. 96/2023

Supreme Court Act 1986

Supreme Court (Chapter II Senior Counsel Amendment) Rules 2023

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Order 14 of Chapter II of the Rules of the Supreme Court to make further provision in relation to Senior Counsel and the use of the title "King's Counsel".

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 September 2023.

4Principal Rules

In these Rules, the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018[1] are called the Principal Rules.

5New Rules 14.11 and 14.12 inserted

After Rule 14.10 of the Principal Rules insert—

'14.11   Written notice of decision to adopt designation of "Senior Counsel"

(1)A person holding the office of King's Counsel in and for the State of Victoria shall be entitled to adopt the designation of "Senior Counsel" and to be recognised as such by giving to the Chief Justice—

(a)written notice of the person's decision to adopt the designation of Senior Counsel; and

(b)a written undertaking—

(i)to resign the commission as King's Counsel; and

(ii)not to use the title "King's Counsel" or "KC" once the resignation of the commission has been given.

(2)Recognition of a person's adoption of the designation of "Senior Counsel" shall be in writing signed by the Chief Justice and sealed with the seal of the Court.

14.12Recognition of designation of Senior Counsel

The designation of Senior Counsel—

(a)shall be recognised in relation to a person who gives notice under Rule 14.11 from the date of the resignation of the person's commission as King's Counsel; and

(b)the person takes precedence and is taken to hold office as Senior Counsel in accordance with that person's first date of appointment as Senior Counsel, Queen's Counsel or King's Counsel.'.

6Note revoked

The note preceding Rule 14.13 of the Principal Rules is revoked.

Dated:   31 August 2023

ANNE FERGUSON, C.J.

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

R. NIALL, J.A.

M. L. SIFRIS, J.A.

M. E. KENNEDY, J.A.

C. MACAULAY, J.A.

L. A. TAYLOR, J.A.

ELIZABETH HOLLINGWORTH, J.

J. DIXON, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

JANE DIXON, J.

A. J. KEOGH, J.

S. J. MOORE, J.

L. M. NICHOLS, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

S. A. O'MEARA, J.

ANDREA TSALAMANDRIS, J.

LISA HANNAN, J.

E. WOODWARD, J.

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ENDNOTES

[1] Rule 4: S.R. No. 57/2018 as amended by S.R. Nos 19/2019, 124/2019, 98/2020, 131/2020, 21/2023 and 31/2023.