Untitled document

Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016

S.R. No. 14/2016

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Objects

2Authorising provisions

3Commencement

Part 2—Appeals to the Court of Appeal

4Contents of application for leave to appeal or notice of appeal

5Consequential amendment to Form 64A

Part 3—Other amendments to Chapter I

6Rule 20.06 amended

7Stay

Part 4—Amendment of Chapter II

8Applicants to appear in person

═══════════════

Endnotes

STATUTORY RULES 2016

S.R. No. 14/2016

Supreme Court Act 1986

Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Objects

The objects of these Rules are—

(a)to amend Chapter I of the Rules of the Supreme Court—

(i)to require that, in an appeal or application for leave to appeal to the Court of Appeal where the appeal or proposed appeal is in the nature of an appeal on a question of law, the moving party specify in the notice of appeal or application for leave to appeal the question or questions of law on which the appeal or proposed appeal is to be brought;

(ii)to provide for the Australian Government Solicitor to be exempt from the requirement to file a notice of change of solicitor in the case of death, retirement or otherwise ceasing to hold that office; and

(iii)to clarify that the power in Rule 58.21 to stay an order being appealed applies only to appeals under section 271 of the Children, Youth and Families Act 2005; and

(b)to amend Rule 14.06 of Chapter II of the Rules of the Supreme Court so as to put beyond doubt the effect of an amendment made by the Supreme Court (Chapter II Legal Profession Amendments) Rules 2015 in relation to requirements applicable to applicants for admission to the legal profession.

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 11 April 2016.

PART 2—APPEALS TO THE COURT OF APPEAL

4Contents of application for leave to appeal or notice of appeal

(1)For Rule 64.04(c) of the Supreme Court (General Civil Procedure) Rules 2015[1] substitute—

"(c)in the case of a notice of appeal, set out specifically and concisely—

(i)the grounds of appeal; and

(ii)if the appeal is in the nature of an appeal on a question of law, the question or questions of law on which the appeal is brought;".

(2)For Rule 64.04(d) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

"(d)in the case of an application for leave to appeal, set out specifically and concisely—

(i)the reasons why leave should be granted;

(ii)the proposed grounds of appeal if leave were granted; and

(iii)if the proposed appeal is in the nature of an appeal on a question of law, the question or questions of law on which the appeal is proposed to be brought;".

5Consequential amendment to Form 64A

In Form 64A of the Supreme Court (General Civil Procedure) Rules 2015, for item 6 substitute—

"6.    Grounds or proposed grounds of appeal and (where required) question(s) of law:

(a)[Set out specifically and concisely the grounds or proposed grounds of appeal.]

1.

2.

(b)[Where applicable, set out specifically and concisely the question or questions of law on which the appeal is brought or proposed to be brought, as the case requires.]

1.

2.".

PART 3—OTHER AMENDMENTS TO CHAPTER I

6Rule 20.06 amended

(1)In the heading to Rule 20.06 of the Supreme Court (General Civil Procedure) Rules 2015, after "Solicitor" insert "or Australian Government Solicitor".

(2)In Rule 20.06(a) of the Supreme Court (General Civil Procedure) Rules 2015, after "Solicitor" insert "or the person who occupies or acts in the office of Australian Government Solicitor".

7Stay

In Rule 58.21 of the Supreme Court (General Civil Procedure) Rules 2015, for "this Part" substitute "section 271 of the Children, Youth and Families Act 2005".

PART 4—AMENDMENT OF CHAPTER II

8Applicants to appear in person

For Rule 14.06(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[2] substitute—

"(2)An applicant shall produce to the Court the compliance certificate issued under section 19 of the Legal Profession Uniform Law (Victoria) on which the applicant relies.".

Dated: 17 March 2016

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

MARK WEINBERG, J.A.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

ANNE FERGUSON, J.A.

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

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

TERRY FORREST, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

JOANNE CAMERON, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 103/2015 as amended by S.R. Nos 143/2015 and 144/2015.

[2] Rule 8: S.R. No. 94/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 209/2014 and subsequently amended by S.R. No. 142/2015.