Supreme Court (Judicial Registrars Further Amendment) Rules 2010 (Vic)

Supreme Court (Judicial Registrars Further Amendment) Rules 2010

S.R. No. 148/2010

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENT OF CHAPTER I

4Definitions

5New Rule 1.14.1

1.14.1Exercise of powers of Registrar by Associate Judge

6Dispensing with compliance

7Seal of Court

8Directions and powers of Associate Judges

9Jurisdiction and powers exercisable by a single Judge of Appeal

10Rule 64.28 substituted

64.28Exercise of powers and functions of Registrar

PART 3—AMENDMENTS TO CHAPTER VI

11Definitions

12Registrar of Criminal Appeals

13Effect of noncompliance and dispensing with compliance

14Proper officer

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 148/2010

Supreme Court Act 1986

Supreme Court (Judicial Registrars Further Amendment) Rules 2010

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapter I and Chapter VI of the Rules of the Supreme Court to provide for functions of judicial registrars in the Court of Appeal.

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 January 2011.

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PART 2—AMENDMENT OF CHAPTER I

4Definitions

(1)For the definition of Registrar in Rule 1.13(1) of the Supreme Court (General Civil Procedure) Rules 2005[1] substitute—

"Registrar means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;".

(2)After Rule 1.13(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"(ba)a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;".

(3)In Rule 1.13(2)(c) of the Supreme Court (General Civil Procedure) Rules 2005—

(a)in paragraph (c)(i) after "Judge" insert

"or by a judicial registrar";

(b)in paragraph (c)(ii) after "by a" insert

"judicial registrar,".

5New Rule 1.14.1

After Rule 1.14 of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"1.14.1   Exercise of powers of Registrar by Associate Judge

Any Associate Judge may exercise any power or authority conferred on the Registrar by or under these Rules.".

6Dispensing with compliance

At the end of Rule 2.04 of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"(2)Without limiting paragraph (1), the Registrar may dispense with compliance with any of the requirements of Order 64 or Order 65, either before or after the occasion for compliance arises.".

7Seal of Court

(1)In Rule 28.04(1) of the Supreme Court (General Civil Procedure) Rules 2005—

(a)after "other Associate Judge," insert "the Registrar of the Court of Appeal, the Registrar of Criminal Appeals, any other judicial registrar,";

(b)after paragraph (c) insert—

'(ca)the Registrar of the Court of Appeal, the words "Registrar of the Court of Appeal";

(cb)the Registrar of Criminal Appeals, the words "Registrar of Criminal Appeals";

(cc)any other judicial registrar, the words "Judicial Registrar";'.

8Directions and powers of Associate Judges

(1)In the heading to Rule 64.21 of the Supreme Court (General Civil Procedure) Rules 2005 after "Associate Judges" insert "and the Registrar".

(2)In Rule 64.21 of the Supreme Court (General Civil Procedure) Rules 2005 for "another Associate Judge" (wherever occurring) substitute "an Associate Judge".

9Jurisdiction and powers exercisable by a single Judge of Appeal

In Rule 64.26(1)(na) of the Supreme Court (General Civil Procedure) Rules 2005 for "another Associate Judge" substitute "an Associate Judge".

10Rule 64.28 substituted

For Rule 64.28 of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"64.28   Exercise of powers and functions of Registrar

(1)For the purpose of exercising any power or function conferred on the Registrar by or under this Order, Order 65 or Rule 2.04(2), the Registrar—

(a)may constitute the Court of Appeal; and

(b)may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions.

(2)The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Act and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of civil appeals and applications.

(3)An officer referred to in paragraph (2) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to him or her.".

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PART 3—AMENDMENTS TO CHAPTER VI

11Definitions

In Rule 1.05 of the Supreme Court (Criminal Procedure) Rules 2008[2] in the definition of Registrar after "Appeals" insert "and, if the duties and functions of the Registrar of Criminal Appeals are being carried out by an Associate Judge, means that Associate Judge".

12Registrar of Criminal Appeals

At the end of Rule 1.06 of the Supreme Court (Criminal Procedure) Rules 2008 insert—

"(2)For the purpose of exercising any power or function conferred on the Registrar by or under these Rules, the Registrar—

(a)may constitute the Court of Appeal; and

(b)may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions.

(3)The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Act and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of criminal appeals and applications.

(4)An officer referred to in paragraph (3) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to him or her.".

13Effect of noncompliance and dispensing with compliance

After Rule 1.15(2) of the Supreme Court (Criminal Procedure) Rules 2008 insert—

"(2.1)Without limiting paragraph (2), the Registrar may dispense with compliance with any of the requirements of these Rules in relation to criminal appeals, either before or after the occasion for compliance arises.".

14Proper officer

In Rule 5.02 of the Supreme Court (Criminal Procedure) Rules 2008 for "another Associate Judge" substitute "an Associate Judge".

Dated:   17 December 2010

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

BERNARD D. BONGIORNO, J.A.

H. R. HANSEN, J.A.

PAMELA TATE, J.A.

D. J. HABERSBERGER, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

JACK FORREST, J.

LEX LASRY, J.

PETER VICKERY, J.

DAVID F. R. BEACH, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

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ENDNOTES

[1] Rule 4: S.R. No. 148/2005.  Reprint No. 2 as at 1 November 2009.  Reprinted to S.R. No. 109/2009.  Subsequently amended by S.R. Nos 60/2009, 97/2009, 132/2009, 144/2009, 146/2009, 22/2010, 23/2010, 53/2010, 55/2010, 100/2010, 142/2010, 143/2010 and 144/2010.

[2] Rule 11:  S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008, 150/2008, 98/2009, 99/2009, 132/2009, 146/2009, 23/2010, 54/2010 and 55/2010.