Supreme Court (Chapter VI Amendment No. 11) Rules 1997 (Vic)

Supreme Court (Chapter VI Amendment No. 11)

Rules 1997

S.R. No. 139/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Amendment of Rule 1.06.1	1
6.	Order 10 inserted	2
ORDER 10—APPLICATIONS UNDER PART IIA OF THE
EVIDENCE ACT 1958	2
10.01. Application	2
10.02 Application under section 42E	2
10.03 Application under section 42L	2
10.04 Application under section 42M	2
10.05 Application under section 42N	3
10.06 Application under section 42P	3
7.	New Forms 10A and 10B inserted	3

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NOTES 7

i

STATUTORY RULES 1997

S.R. No. 139/1997

Supreme Court Act 1986

Supreme Court (Chapter VI Amendment No. 11)

Rules 1997

The Judges of the Supreme Court make the following Rules:

1. Object

The principal object of these Rules is to facilitate
applications to the Court under Part IIA of the

Evidence Act 1958.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

(1) These Rules (apart from Rule 5) come into

operation on the day on which section 5 of the Evidence (Audio Visual and Audio Linking) Act 1997 comes into operation.

(2) Rule 5 comes into operation on 2 February 1998.

4. Principal Rules

In these Rules, the Criminal Appeals and
Procedures Rules 19881 are called the Principal

Rules.

5. Amendment of Rule 1.06.1

In Rule 1.06.1 of the Principal Rules after "Order
42" insert ", apart from Rule 42.10,".

Supreme Court (Chapter VI Amendment No. 11) Rules 1997

r. 6 S.R. No. 139/1997

6. Order 10 inserted

After Order 9 of the Principal Rules insert—

"ORDER 10—APPLICATIONS UNDER

PART IIA OF THE EVIDENCE ACT 1958

10.01. Application

This Order applies to applications under

Part IIA of the Evidence Act 1958.

10.02 Application under section 42E

An application under section 42E(1) of the
Act shall be made in accordance with Order

41A of Chapter I.

10.03 Application under section 42L

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42L of the Act shall be in Form 10A;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

10.04 Application under section 42M

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42M of the Act shall be in Form 10B;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

Supreme Court (Chapter VI Amendment No. 11) Rules 1997

S.R. No. 139/1997 r. 7

10.05 Application under section 42N

Unless the application is made in accordance with sub-section (3)—

(a)	notice of an application under section 42N of the Act shall be in Form 10B; and
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

10.06 Application under section 42P

Unless the application is made in accordance with sub-section (5)—

(a)	notice of an application under section 42P of the Act shall be in Form 10B;
(b)	a copy of the notice shall be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.".

7. New Forms 10A and 10B inserted

After Form 9A to the Principal Rules insert—

"RULE 10.03 FORM 10A

NOTICE OF APPLICATION UNDER SECTION 42L OF THE

EVIDENCE ACT 1958

In the Supreme Court

at

The Queen

v.

[name of accused]
Supreme Court (Chapter VI Amendment No. 11) Rules 1997

r. 7 S.R. No. 139/1997

PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it.

Type of hearing—[insert details].
Date of hearing—[insert details]
The grounds on which this application are made are—[set out grounds]

Date—

[Signature]

RULES 10.04, 10.05 and	FORM 10B
10.06

NOTICE OF APPLICATION UNDER SECTION 42M, 42N or

42P OF THE EVIDENCE ACT 1958

In the Supreme Court

at

The Queen

v.

[name of accused]

PART 1—PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link.

1.      Type of hearing—[insert details].

2.      Date of hearing—[insert details].

3.      The grounds on which this application is made are—[set out grounds]

4.      Is this application being made with the consent of the parties to the proceeding?—

5.      If the answer to question 4 is No, what parties have not given consent?—

6.      If the accused is in custody, do facilities exist for an audio visual

Supreme Court (Chapter VI Amendment No. 11) Rules 1997

S.R. No. 139/1997 r. 7

link?—

Date—

[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Prothonotary)

The application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [e.g. 20 June, 19 ]at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED [e.g. 15 June, 19 ].".

Dated: 27 November 1997

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.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
BARRY BEACH, J.
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.
DAVID BYRNE, J.

Supreme Court (Chapter VI Amendment No. 11) Rules 1997

r. 7 S.R. No. 139/1997

D. L. HARPER, J.
G. M. EAMES, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.

ALEX CHERNOV, J.

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Supreme Court (Chapter VI Amendment No. 11) Rules 1997

S.R. No. 139/1997 Notes

NOTES

1 S.R. No. 127/1988. Reprinted to S.R. No. 182/1993 and subsequently

amended by S.R. Nos 71/1995, 57/1996, 119/1996 and 60/1997.