Supreme Court (Chapter VI Powers of Associate Judges and Judicial Registrars in Confiscation Matters Amendment) Rules 2024 (Vic)

Supreme Court (Chapter VI Powers of Associate Judges and Judicial Registrars in Confiscation Matters Amendment) Rules 2024

S.R. No. 15/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Application of this Order

6Filing and directions

7Filing and directions

8New Part 4 inserted into Order 6

════════════

Endnotes

STATUTORY RULES 2024

S.R. No. 15/2024

Supreme Court Act 1986

Supreme Court (Chapter VI Powers of Associate Judges and Judicial Registrars in Confiscation Matters Amendment) Rules 2024

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 powers of Associate Judges and judicial registrars in relation to certain Confiscation Act 1997 and Proceeds of Crime Act 2002 of the Commonwealth matters, including referrals, under Order 6.

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 April 2024.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2017[1] are called the Principal Rules.

5Application of this Order

After Rule 6.02(2) of the Principal Rules insert—

"(3)Part 4 of this Order applies to a proceeding in the Court under the Act and the Commonwealth Act.".

6Filing and directions

In Rule 6.10(3) of the Principal Rules, for "a Judge of the Court" substitute "the Court".

7Filing and directions

In Rule 6.21(3) of the Principal Rules, for "a Judge of the Court" substitute "the Court".

8New Part 4 inserted into Order 6

After Part 3 of Order 6 of the Principal Rules insert—

"PART 4—AUTHORITY OF ASSOCIATE JUDGES AND JUDICIAL REGISTRARS UNDER THIS ORDER

6.25Authority of Associate Judge to hear applications or matters—directions hearings

Notwithstanding Rule 1.16, an Associate Judge may hear and give directions under Rule 6.10 or 6.21 in any application or matter to which this Order applies, other than a matter under Part 2 or Part 2A of the Confiscation Act 1997.

6.26Authority of judicial registrar to hear applications or matters—directions hearings

(1)Notwithstanding Rule 1.16, a judicial registrar may hear and give directions under Rule 6.10 or 6.21 in any application or matter to which this Order applies, other than a matter under Part 2 or Part 2A of the Confiscation Act 1997.

(2)In hearing and determining an application or matter referred to in paragraph (1)—

(a)the judicial registrar constitutes the Court; and

(b)all the powers of the Court to hear and determine such an application or matter are delegated to the judicial registrar.

6.27Reference by Judge of the Court to Associate Judge or judicial registrar

(1)Notwithstanding Rule 1.16 and subject to Orders 3A and 4, if a matter to which this Order relates before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, appears to the Judge to be proper for determination by an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge.

(2)Notwithstanding Rule 1.16 and subject to Orders 3A and 4, if a matter to which this Order relates before a Judge of the Court, which matter would not otherwise be within the authority of a judicial registrar, appears to the Judge to be proper for determination by a judicial register, the Judge of the Court, by order, may refer the matter to a judicial registrar.

(3)Notwithstanding Rule 1.16 and subject to Orders 3A and 4, if a Judge of the Court refers a matter to which this Order relates to an Associate Judge or a judicial registrar, the Associate Judge or judicial registrar may—

(a)hear and determine the matter, subject to any directions in the order referring the matter; or

(b)refer the matter back to the Judge of the Court for determination.

(4)In hearing and determining a matter to which these Rules relate referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter.

(5)In hearing and determining a matter referred by a Judge of the Court to a judicial registrar—

(a)the judicial registrar constitutes the Court for that purpose; and

(b)subject to any directions in the order referring the matter, all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.

(6)Despite paragraphs (1) and (2), a Judge of the Court shall not refer to an Associate Judge or a judicial registrar any matter under Part 2 or Part 2A of the Confiscation Act 1997.

6.28Reference by Associate Judge to judicial registrar

(1)Subject to Orders 3A and 4, if a matter to which this Order relates before an Associate Judge, which matter would not otherwise be within the authority of a judicial registrar, appears to the Associate Judge to be proper for determination by a judicial registrar, the Associate Judge, by order, may refer the matter to a judicial registrar.

(2)If an Associate Judge refers a matter to which this Order relates to a judicial registrar, the judicial registrar may—

(a)hear and determine the matter, subject to any directions in the order referring the matter; or

(b)refer the matter back to the Associate Judge for determination.

(3)In hearing and determining a matter to which this Order relates referred by an Associate Judge to a judicial registrar—

(a)the judicial registrar constitutes the Court for that purpose; and

(b)subject to any directions in the order referring the matter, all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.

(4)Despite paragraph (1), an Associate Judge shall not refer to a judicial registrar any matter referred to an Associate Judge under Rule 6.27.

6.29Appeal from determination by judicial registrar

(1)In this Rule, a reference to a determination includes a reference to a judgment, order or direction.

(2)This Rule applies to any determination given or made by the Court constituted by a judicial registrar referred to a judicial registrar under Rule 6.27 or 6.28.

(3)For the purposes of section 113M of the Supreme Court Act 1986, an appeal from a determination of the Court constituted by a judicial registrar in or in relation to an application, matter or appeal referred to a judicial registrar under Rule 6.27 or 6.28 lies to the Trial Division constituted by a Judge of the Court.

(4)An appeal under this Rule shall be conducted by way of hearing de novo.

(5)Rules 84.05(5) to 84.12 of Chapter I apply, with any necessary modification, to an appeal under this Rule.".

Dated:   21 March 2024

ANNE FERGUSON, C.J.

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

S. G. E. McLEISH, J.A.

R. NIALL, J.A.

M. E. KENNEDY, J.A.

K. WALKER, J.A.

C. MACAULAY, J.A.

L. A. TAYLOR, J.A.

KEVIN J. A. LYONS, J.A.

C. B. BOYCE, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

JANE DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

MELINDA RICHARDS, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

S. A. O'MEARA, J.

RICHARD ATTIWILL, J.

AMANDA FOX, J.

ANDREA TSALAMANDRIS, J.

E. WOODWARD, J.

P. MATTHEWS, J.

P. COSGRAVE, J.

════════════

ENDNOTES

[1] Rule 4: S.R. No. 126/2017 as amended by S.R. Nos 32/2018, 33/2018, 133/2018, 168/2018, 21/2019, 73/2019, 123/2019, 17/2021, 34/2022 and 21/2023.