Untitled document

Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013

S.R. No. 147/2013

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENT OF CHAPTER I

4New Order 82

ORDER 82

PROCEDURE UNDER THE OPEN COURTS ACT 2013

82.01Definitions

82.02Notice of application for suppression order

5New Form 82A

Form 82A—Notice of Application for Suppression Order

PART 3—AMENDMENT OF CHAPTER VI

6New Order 16

ORDER 16

PROCEDURE UNDER THE OPEN COURTS ACT 2013

16.01Definitions

16.02Notice of application for suppression order

7New Form 6–16A

Form 6–16A—Notice of Application for Suppression Order

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 147/2013

Supreme Court Act 1986
Open Courts Act 2013

Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapters I and VI of the Rules of the Supreme Court to make provision in relation to suppression orders as a result of the enactment of the Open Courts Act 2013.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, the Open Courts Act 2013 and all other enabling powers.

3Commencement

These Rules come into operation on 1 December 2013.

__________________

PART 2—AMENDMENT OF CHAPTER I

4New Order 82

After Order 81 of the Supreme Court (General Civil Procedure) Rules 2005[1] insert—

"ORDER 82

PROCEDURE UNDER THE OPEN COURTS ACT 2013

82.01Definitions

(1)In this Order—

the Act means the Open Courts Act 2013.

(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

82.02Notice of application for suppression order

(1)A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply—

(a)must be generally in accordance with Form 82A; and

(b)for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected] or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.

(2)A copy of the notice shall be filed by the applicant as soon as practicable after the notice has been emailed to the Court.

__________________".

5New Form 82A

After Form 80B of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"FORM 82A

Rule 82.02

NOTICE OF APPLICATION FOR SUPPRESSION ORDER

[heading as in originating process]

To: The Supreme Court of Victoria at [appropriate email address]

And to: [identify other proposed recipients of the notice]

[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.

*The application is the subject of a summons filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

OR

*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

The application is for an order in the following terms:

[Set out the proposed wording of the order to be sought].

The applicant proposes to rely upon [insert brief description of material to be relied upon]

For further information, please contact:

[Name of applicant or applicant's representative for enquiries]

Tel: [insert number]

Mobile No.: [insert number]

Email:

*delete whichever is inapplicable.

__________________".

__________________

PART 3—AMENDMENT OF CHAPTER VI

6New Order 16

After Order 15 of the Supreme Court (Criminal Procedure) Rules 2008[2] insert—

"ORDER 16

PROCEDURE UNDER THE OPEN COURTS ACT 2013

16.01Definitions

(1)In this Order—

the Act means the Open Courts Act 2013.

(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

16.02Notice of application for suppression order

(1)A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply—

(a)must be generally in accordance with Form 6–16A; and

(b)for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected] or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.

(2)A copy of the notice shall be filed by the applicant as soon as practicable after the notice has been emailed to the Court.

__________________".

7New Form 6–16A

After Form 6–15B of the Supreme Court (Criminal Procedure) Rules 2008 insert—

"FORM 6–16A

Rule 16.02

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER OF:

NOTICE OF APPLICATION FOR SUPPRESSION ORDER

To:  The Supreme Court of Victoria at [appropriate email address]

And to: [identify other proposed recipients of the notice]

[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.

*The application is the subject of an application filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

OR

*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

The application is for an order in the following terms:

[Set out the proposed wording of the order to be sought].

The applicant proposes to rely upon [insert brief description of material to be relied upon]

For further information, please contact:

[Name of applicant or applicant's representative for enquiries]

Tel: [insert number]

Mobile No.: [insert number]

Email:

*delete whichever is inapplicable.

__________________".

Dated:    28 November 2013

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.

PAUL COGHLAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

K. WILLIAMS, J.

STEPHEN KAYE, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

KARIN EMERTON, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

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ENDNOTES

[1] Rule 4: S.R. No. 148/2005.  Reprint No. 5 as at 11 October 2013.  Reprinted to S.R. No. 119/2013.

[2] Rule 6: S.R. No. 12/2008.  Reprint No. 1 as at 28 February 2011.  Reprinted to S.R. No. 6/2011 and subsequently amended by S.R. Nos 120/2011, 39/2012 and 48/2013.