Supreme Court (Chapters I and II Judicial Registrars, Admission to Legal Profession and Public Notaries Amendment) Rules 2020 (Vic)

Supreme Court (Chapters I and II Judicial Registrars, Admission to Legal Profession and Public Notaries Amendment) Rules 2020

S.R. No. 98/2020

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

Part 2—Amendment of Chapter I

4Mediation by Associate Judge

5Statute law revision

Part 3—Amendment of Chapter II

6Application for admission

7Rule 14.06 substituted

8Rule 14.07 substituted

9Application for appointment as public notary

10Rule 15.05 substituted

11Form 2–15C amended

12Form 2–15D amended

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Endnotes

STATUTORY RULES 2020

S.R. No. 98/2020

Supreme Court Act 1986

Supreme Court (Chapters I and II Judicial Registrars, Admission to Legal Profession and Public Notaries Amendment) Rules 2020

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary

1Object

The object of these Rules is—

(a)to amend Chapter I of the Rules of the Supreme Court in relation to powers of judicial registrars in mediations; and

(b)to amend Chapter II of the Rules of the Supreme Court to provide for admission to the legal profession and appointment as a public notary to occur other than by a hearing in open court.

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 5 October 2020.

Part 2—Amendment of Chapter I

4Mediation by Associate Judge

In Rule 50.07.1(1)(b) of the Supreme Court (General Civil Procedure) Rules 2015[1], after "Judge of the Court" insert "or a judicial registrar".

5Statute law revision

In Rule 79.02(1)(c) of the Supreme Court (General Civil Procedure) Rules 2015, after "1989;" insert "or".

Part 3—Amendment of Chapter II

6Application for admission

(1)For Rule 14.05(1) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018[2] substitute—

"(1)An application for admission under section 16 of the Legal Profession Uniform Law (Victoria) may be heard and determined, as the Chief Justice may direct—

(a)by a Judge or Judges of the Court sitting in banc; or

(b)without an oral hearing.".

(2)Rule 14.05(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 is revoked.

(3)In Rule 14.05(3) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 omit "and paragraph (2) does not apply".

7Rule 14.06 substituted

For Rule 14.06 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 substitute—

"14.06   Applicants to appear in person in certain circumstances

An applicant for admission in an application referred to in Rule 14.05(1)(a) (other than an applicant under the mutual recognition legislation) shall appear in person in Court.".

8Rule 14.07 substituted

For Rule 14.07 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 substitute—

"14.07   Objections

(1)A person desiring to object under section 16(3) of the Legal Profession Uniform Law (Victoria) to the admission of a particular person may do so—

(a)in the case of an application referred to in Rule 14.05(1)(a), before a Judge; or

(b)in the case of an application referred to in Rule 14.05(1)(b), as a Judge may direct.

(2)An objection shall be filed no later than 14 days after the application for admission is filed.".

9Application for appointment as public notary

For Rule 15.04(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 substitute—

"(2)The application may be heard and determined, as the Chief Justice may direct—

(a)in open court; or

(b)without an oral hearing.".

10Rule 15.05 substituted

For Rule 15.05 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 substitute—

"15.05   Notice of application for appointment

Not less than 14 days before the day named in the originating motion for the hearing of the application under section 6(1), the applicant shall lodge with the Victorian Legal Admissions Board notice of intention to apply in Form 2–15D.".

11Form 2–15C amended

After item 5 of Form 2–15C of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 insert—

"*6[If the application for appointment as a public notary to which this affidavit relates will be heard and determined without an oral hearing, complete the below]

I am aware that I have the choice to take an oath of office or make an affirmation of office.  I have chosen to *take an oath of office/*make an affirmation of office.

At the time of making this affidavit and in the presence of the person taking it, I have said aloud:

*the oath of office set out in Form 2–15E

*the affirmation of office set out in Form 2–15E.

At the time of making this affidavit and in the presence of the person taking it, I have entered my signature inside the signature box below:

 

I authorise and consent to the Prothonotary extracting my signature from the signature box and affixing it to the roll of public notaries as my signature.".

12Form 2–15D amended

In Form 2–15D of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018, for "intend to apply on [date] at [time]" substitute "intend to apply [if application to be heard in open court] *on [date] at [time]".

Dated:   28 September 2020

ANNE FERGUSON, C.J.

PAMELA TATE, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

R. NIALL, J.A.

KARIN EMERTON, J.A.

M. L. SIFRIS, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

G. J. DIGBY, J.

T. J. GINNANE, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

LESLEY TAYLOR, J.

S. J. MOORE, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

KATHRYN STYNES, J.

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Endnotes

[1] Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 38/2019, 73/2019, 90/2019, 122/2019, 124/2019, 29/2020, 30/2020 and 57/2020.

[2] Rule 6: S.R. No. 57/2018 as amended by S.R. No. 19/2019 and 124/2019.