Untitled document

Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2017

S.R. No. 103/2017

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Litigation guardian of person under disability

5Objection by party to inspection by other party

6Amendment of Form 41AA

7Statute law revision

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Endnotes

STATUTORY RULES 2017

S.R. No. 103/2017

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2017

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010—

(a)to change the default position in Victoria as to a litigation guardian's liability for costs awarded against a person under disability;

(b)to extend the time period during which a plaintiff in a proceeding may inspect and object to the inspection of certain medical documents by another party to the proceeding;

(c)to amend Form 41AA to require that an application for a direction under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 specify the grounds on which the application for an audiovisual link or audio link is made; and

(d)to make a statute law revision amendment to Form 44A.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on

16 October 2017.

4Litigation guardian of person under disability

After Rule 15.02(3) of the Magistrates' Court General Civil Procedure Rules 2010[1] insert—

"(4)Unless for special reason the Court otherwise orders, the litigation guardian of a person under disability is not personally liable for costs awarded against the person.".

5Objection by party to inspection by other party

In Rule 42A.08(2) of the Magistrates' Court General Civil Procedure Rules 2010, for "7 days" substitute "14 days". 

6Amendment of Form 41AA

In Form 41AA of the Magistrates' Court General Civil Procedure Rules 2010, for items 6 to 8 substitute—

"6.Grounds on which this application is made—

7.Is this application being made with the consent of the parties to the proceeding?—

8.If the answer to question 7 is No, what parties have not given consent?—

9.If a hearing date has been fixed, what is the date of the hearing?—".

7Statute law revision

In clause 3(i) of Form 44A of the Magistrates' Court General Civil Procedure Rules 2010, for "appropriate," substitute "appropriate".

Dated:    10 October 2017

PETER LAURITSEN,

Chief Magistrate

FRANZ HOLZER,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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Endnotes

[1]

Rule 4: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015. Reprinted to S.R. No. 3/2015. Subsequently amended by

S.R. Nos 163/2015, 164/2015, 17/2016, 82/2016, 135/2016 and 137/2016.