Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 (Vic)

Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016

S.R. No. 108/2016

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Principal Rules

Part 2—Amendments relating to authentication and prescribed forms of judgment or order

5Mode of authentication

6Drawing up of judgment or order

7Form 60A amended

8Form 60C amended

9Form 60D amended

10Form 60F amended

11Form 60J amended

12Form 60K amended

13Form 60L amended

Part 3—Other amendments

14Powers of Court

15New Rule 34.05

16Form and filing of summons

17Day for hearing

18Adjournment

19Authority of Associate Judges

20Authority of judicial registrars

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Endnotes

STATUTORY RULES 2016

S.R. No. 108/2016

Supreme Court Act 1986

Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to expand the jurisdiction and powers of judicial registrars, to make related amendments to the powers and authorities of Associate Judges and other persons and to update certain prescribed forms of judgment or order.

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 September 2016.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2015[1] are called the Principal Rules.

Part 2—Amendments relating to authentication and prescribed forms of judgment or order

5Mode of authentication

In Rule 60.02 of the Principal Rules—

(a)for "or the Associate Judge" (wherever occurring) substitute ", the Associate Judge or the judicial registrar";

(b)for "or an Associate Judge" (wherever occurring) substitute

", an Associate Judge or a judicial

registrar";

(c)in paragraph (3), for "or Associate Judge" substitute ", another Associate Judge or another judicial registrar".

6Drawing up of judgment or order

In Rule 60.03(3) of the Principal Rules, for "or the Associate Judge" substitute ", the Associate Judge or the judicial registrar".

7Form 60A amended

In Form 60A of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR".

8Form 60C amended

In Form 60C of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR".

9Form 60D amended

In Form 60D of the Principal Rules—

(a)in the title to the Form, omit "by Judge";

(b)in the heading to the Form, omit "BY JUDGE";

(c)after "JUDGE" insert "[or ASSOCIATE JUDGE]".

10Form 60F amended

In Form 60F of the Principal Rules, after "JUDGE" insert "[or ASSOCIATE JUDGE]".

11Form 60J amended

In Form 60J of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR".

12Form 60K amended

In Form 60K of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR".

13Form 60L amended

In Form 60L of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR".

Part 3—Other amendments

14Powers of Court

After Rule 34.01(2) of the Principal Rules insert—

"(3)The Court may, of its own motion, convene a directions hearing at any time.".

15New Rule 34.05

After Rule 34.04 of the Principal Rules insert—

"34.05   Associates may adjourn directions hearings

(1)Where the Court has fixed a time for a directions hearing, including a directions hearing convened on the Court's own motion, the Associate of the Judge of the Court, Associate Judge or judicial registrar (as the case requires) who is to conduct the directions hearing or, where the directions hearing is to be conducted within a specialist list, an Associate responsible for the specialist list—

(a)may by consent adjourn the directions hearing to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and

(b)shall record the adjournment and any reservation of the costs by indorsement on the court file.

(2)If the directions hearing is adjourned under paragraph (1), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit.

(3)Rule 63.22 shall apply to costs reserved under paragraph (1) as if the costs were reserved by order of the Court.".

16Form and filing of summons

(1)In Rule 46.04(2)(b) of the Principal Rules, for "Prothonotary." substitute "Prothonotary;".

(2)After Rule 46.04(2)(b) of the Principal Rules insert—

"(c)where application is made to a judicial registrar, other than a judicial registrar in the Costs Court, with the appropriate judicial registrar's Associate or the Prothonotary.".

17Day for hearing

(1)In Rule 46.05.1(2)(b) of the Principal Rules, for "Prothonotary." substitute "Prothonotary;".

(2)After Rule 46.05.1(2)(b) of the Principal Rules insert—

"(c)if the summons is to be heard by the Court constituted by a judicial registrar, by a judicial registrar's Associate or the Prothonotary.".

18Adjournment

For Rule 46.06(2) of the Principal Rules substitute—

"(2)The Associate of the Judge of the Court, Associate Judge or judicial registrar
(as the case requires) who is to conduct the directions hearing or, where an application is to be heard within a specialist list, an Associate responsible for the specialist list—

(a)may by consent adjourn the hearing of an application to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and

(b)shall record the adjournment and any reservation of the costs by indorsement on the court file.".

19Authority of Associate Judges

After Rule 77.01(2)(a)(xii) of the Principal Rules insert—

"(xiii)section 134AB(30) and (31) of the Accident Compensation Act 1985;

(xiv)section 344(6) and (7) of the Workplace Injury Rehabilitation and Compensation Act 2013;".

20Authority of judicial registrars

(1)After Rule 84.02(1)(d) of the Principal Rules insert—

"(da)an application under section 134AB(30) and (31) of the Accident Compensation Act 1985;

(db)an application under section 344(6) and (7) of the Workplace Injury Rehabilitation and Compensation Act 2013;".

(2)After Rule 84.02(2) of the Principal Rules insert—

"(3)Subject to this Order, a judicial registrar may in any civil proceeding hear and determine—

(a)an application under, or a matter constituted by a proposed exercise (whether on the Court's own motion or otherwise) of the Court's powers under,—

(i)section 47 (except subsection (3)(f)), 48, 50, 50A (except subsection (1)(b)), 52, 65I or 66 of the Civil Procedure Act 2010;

(ii)Order 34;

(iii)Rule 4.14(3) of Chapter II of the Rules of the Supreme Court;

(b)an application for an order for the payment, or taxation and payment, of costs, including any reserved costs;

(c)an application made by consent of the parties for—

(i)judgment for the recovery of any debt or damages together with interest or damages in the nature of interest;

(ii)an order for the striking out or dismissal of the proceeding;

(iii)an order for the payment out of Court of money paid into Court (other than money paid into Court for the benefit of a person under disability);

(iv)an order staying the execution of any judgment or order.

(4)Nothing in paragraph (3) authorises a judicial registrar—

(a)to hear or determine any application or other matter which (without referral under Rule 77.05) would not be within the authority of an Associate Judge;

(b)to conduct the trial of a proceeding;

(c)to give any judgment or make any order at the trial of a proceeding.

(5)For the purposes of hearing and determining any application or other matter referred to in paragraph (3)—

(a)the judicial registrar constitutes the Court; and

(b)all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.".

Dated:    25 August 2016

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

R. S. OSBORN, J.A.

DAVID F. R. BEACH, J.A.

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

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

JOANNE CAMERON, J.

MICHAEL McDONALD, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

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Endnotes

[1] Rule 4: S.R. No. 103/2015 amended by S.R. Nos 143/2015, 144/2015, 14/2016, 51/2016 and 52/2016.