Supreme Court (Chapter Vi Amendment No. 12) Rules 2007 (Vic)

Supreme Court (Chapter VI Amendment No. 12) Rules 2007

S.R. No. 93/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Notice of opposition to an application

5New Form 6–6LA

Form 6–6LA—Notice of Opposition to Application

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 93/2007

Supreme Court Act 1986

Supreme Court (Chapter VI Amendment No. 12) Rules 2007

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to provide for a form of notice for use by a person who intends to oppose an application for an order or declaration under Order 6, which relates to the confiscation of property or the proceeds of crime.

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 3 September 2007.

4Notice of opposition to an application

At the end of Rule 6.10 of the Supreme Court (Criminal Procedure) Rules 1998[1] insert—

"(2)A notice under paragraph (1)—

(a)shall be in Form 6–6LA; and

(b)shall be served on the applicant not later than two days before the date fixed for the hearing of the application.".

5New Form 6–6LA

After Form 6–6L of the Supreme Court (Criminal Procedure) Rules 1998 insert—

"FORM 6–6LA

Rule 6.10(2)

NOTICE OF OPPOSITION TO APPLICATION

[Heading as Form 6–6C]

TO: [full name and address of applicant]

TAKE NOTICE THAT [full name of the person intending to oppose the application] INTENDS TO OPPOSE the application in this proceeding.

THE GROUNDS on which this application will be opposed are as follows—

[set out in detail the grounds of the opposition to the application]

1.     

2.     

3.     

THE ADDRESS FOR SERVICE of the person intending to oppose the application is [insert address]

[If the person is legally represented] The name or firm and the business address within Victoria of the solicitor for [full name of person] is:

Dated:  [e.g. 15 June 20     ].

[signed]

__________________".

Dated:    30 August 2007

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

ALEX CHERNOV, J.A.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MURRAY B. KELLAM, J.A.

BERNARD G. TEAGUE, J.

T. H. SMITH, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

JACK FORREST, J.

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ENDNOTES

[1] Rule 4: S.R. No. 33/1998.  Reprint No. 3 as at 7 March 2007.  Reprinted to S.R. No. 6/2007.