Supreme Court (Chapter VI Amendment No.1) Rules 2008 (Vic)

Supreme Court (Chapter VI Amendment No. 1) Rules 2008

S.R. No. 118/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definitions

6New Rule 1.06.1

1.06.1Master acting for Registrar

7Order 2—Definitions

8New Part 4A of Order 2

PART 4A—OTHER APPLICATIONS TO COURT OF APPEAL

2.28.4Application of Part

2.28.5Application by summons

2.28.6Service

2.28.7Directions hearing

2.28.8Court of Appeal may set aside or give directions

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 118/2008

Supreme Court Act 1986

Supreme Court (Chapter VI Amendment No. 1) Rules 2008

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend the Supreme Court (Criminal Procedure) Rules 2008 to provide for—

(a)applications sought to be made to the Court of Appeal where procedure is wanting or in doubt; and

(b)other Masters to act for the Registrar of Criminal Appeals.

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 October 2008.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2008[1] are called the Principal Rules.

5Definitions

In Rule 1.05 of the Principal Rules—

(a)after "these Rules" insert ", unless the context or subject matter otherwise requires";

(b)insert the following definition—

"Registrar means the Registrar of Criminal Appeals;".

6New Rule 1.06.1

After Rule 1.06 of the Principal Rules insert—

"1.06.1   Master acting for Registrar

Where circumstances so require, a Master may hear and determine an application under these Rules instead of the Registrar.".

7Order 2—Definitions

In Rule 2.01 of the Principal Rules, the definition of Registrar is revoked.

8New Part 4A of Order 2

After Part 4 of Order 2 of the Principal Rules insert—

"PART 4A—OTHER APPLICATIONS TO COURT OF APPEAL

2.28.4Application of Part

This Part applies if—

(a)a party seeks to make an application to the Court of Appeal that is not otherwise dealt with by this Order; and

(b)the Rules make no provision for such application.

2.28.5Application by summons

(1)An application under this Part shall be made by way of summons for directions returnable before the Registrar supported by affidavit.

(2)The application is taken to be made when the summons is filed.

2.28.6Service

The applicant shall serve the summons for directions and any accompanying affidavit on each respondent—

(a)within three days of filing the application; or

(b)within such other time as the Registrar by order provides.

2.28.7Directions hearing

(1)At the directions hearing, the Registrar may give any directions for the conduct of the application which the Registrar thinks conducive to its effective, prompt and economical determination.

(2)The Registrar may make such order for costs as he or she thinks fit in relation to the exercise of any power conferred upon him or her under this Part of this Order.

2.28.8Court of Appeal may set aside or give directions

The Court of Appeal, on application by any party to the application, may—

(a)set aside or vary any direction given or order made by the Registrar; and

(b)give directions in relation to the application.".

Dated:    1 October 2008

M. L. WARREN, C.J.

F. H. R. VINCENT, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

JULIE DODDS-STREETON, J.A.

P. D. CUMMINS, J.

T. H. SMITH, J.

D. L. HARPER, J.

PHILIP MANDIE, J.

D. J. HABERSBERGER, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

BETTY JUNE KING, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID BEACH, J.

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ENDNOTES

[1] Rule 4: S.R. No. 12/2008 as amended by S.R. No. 100/2008.