Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013

S.R. No. 124/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Order 4 to be subject to Orders 5, 6 and 7

6New Rule 4.05A inserted

4.05AInformation in relation to respondents to accompany certain applications

7Planning and Environment List

8Review and Regulation List

9Civil Claims List

10Owners Corporations List

11Real Property List

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 124/2013

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to provide for—

(a)ASIC records of company searches or extracts of the register of incorporated associations to accompany certain applications; and

(b)the allocation of enactments to Lists; and

(c)other various technical amendments.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3Commencement

These Rules come into operation on

14 October 2013.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5Order 4 to be subject to Orders 5, 6 and 7

(1)In the heading to Rule 4.01 of the Principal Rules, for "5 and 6" substitute "5, 6 and 7".

(2)In Rule 4.01 of the Principal Rules, for "5 and 6" substitute "5, 6 and 7".

6New Rule 4.05A inserted

After Rule 4.05 of the Principal Rules insert—

"4.05A   Information in relation to respondents to accompany certain applications

(1)This Rule applies to an application to the Tribunal in one of the following lists—

(a)the civil claims list;

(b)the domestic building list;

(c)the owners corporations list;

(d)the real property list;

(e)the retail tenancies list.

(2)For the purposes of section 67(1)(b) of the Act, an application to which this Rule applies must be accompanied by—

(a)in relation to any respondent that is a company incorporated under the Corporations Act, a record of a company search of the records maintained by the ASIC that shows the respondent's company name and the address of the respondent's registered office; and

(b)in relation to any respondent that is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, an extract of the register of incorporated associations kept under that Act that shows the respondent's registered name and registered address.".

7Planning and Environment List

In Part 1 of Schedule 1 to the Principal Rules, in clause 4(1), after item 4.3 insert—

"4.3AEducation and Training Reform Act 2006 section 5.7A.12;".

8Review and Regulation List

(1)In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1), in item 5.16, for "inquiry)" substitute "inquiry), 146".

(2)In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1), after item 5.22 insert—

"5.22AEducation and Care Services National Law Act 2010;".

(3)In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1)—

(a)in item 5.37, for "section" substitute "sections 57C and";

(b)in item 5.40, for "81Q and 81R" substitute "81Q, 81R and 240A";

(c)in item 5.61, for "9B and 14 (correction of register)" substitute "9B, 14 and 18A";

(d)item 5.74 is revoked;

(e)item 5.80 is revoked.

9Civil Claims List

In Part 2 of Schedule 1 to the Principal Rules, in clause 6(1), item 6.2 is revoked.

10Owners Corporations List

In Part 2 of Schedule 1 to the Principal Rules, in clause 9A(1), after item 9A.1 insert—

"9A.1ACompany Titles (Home Units) Act 2013;".

11Real Property List

In Part 2 of Schedule 1 to the Principal Rules, in clause 10(1), in item 10.2, for "section" substitute "sections 56A(4) and".

Dated:    10 October 2013

GREG GARDE, President

MICHAEL F. MACNAMARA, Vice President

MARILYN HARBISON, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008.  Reprint No. 1 as at 1 April 2012.  Reprinted to S.R. No. 1/2012.  Subsequently amended by S.R. Nos 16/2013, 17/2013, 38/2013, 71/2013 and 105/2013.