Untitled document

Supreme Court (Chapter I Amendment No. 35) Rules 2012

S.R. No. 140/2012

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Contempt in the face of the Court

6Rule 75.08 substituted

75.08Arrest of respondent

7Arrest pending contempt hearing

8Rule 75.09 revoked

9New Forms 75A to 75BA

Form 75A—Arrest Warrant in Summary Proceedings for Contempt in Face of Supreme Court

Form 75B—Arrest Warrant in Contempt Proceedings by Summons or Originating Motion

Form 75BA—Arrest Warrant Pending Contempt Hearing

10Consequential amendment to Form 75C

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 140/2012

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 35) Rules 2012

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to expand the classes of person to whom arrest warrants for contempt may be directed.

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 10 December 2012.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.

5Contempt in the face of the Court

(1)For Rule 75.02(b) of the Principal Rules substitute—

"(b)issue a warrant for the arrest of the respondent.".

(2)At the end of Rule 75.02 of the Principal Rules insert—

"(2)A warrant for the arrest of the respondent may be issued—

(a)where the arrest is ordered by a Judge of the Court, under the hand of the Judge;

(b)where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge.

(3)A warrant issued under paragraph (1)(b) may be directed to any one or more of the following—

(a)the Sheriff;

(b)a named member of the police force;

(c)all members of the police force;

(d)any named person authorised by law to execute a warrant to arrest; or

(e)all persons authorised by law to execute a warrant to arrest.

(4)The warrant may be in Form 75A.".

6Rule 75.08 substituted

For Rule 75.08 of the Principal Rules substitute—

75.08Arrest of respondent"

(1)Where a summons or originating motion for punishment of a contempt has been filed, and it appears to the Court that the respondent has absconded or is likely to abscond or has left or is likely to leave Victoria, the Court may issue a warrant for his or her arrest and detention in custody until he or she is brought before the Court to answer the charge, unless he or she gives security, as the Court directs, for his or her attendance in person to answer the charge and to submit to the judgment of the Court.

(2)A warrant for the arrest of the respondent may be issued—

(a)where the arrest is ordered by a Judge of the Court, under the hand of the Judge;

(b)where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge.

(3)A warrant issued under paragraph (1) may be directed to any one or more of the following—

(a)the Sheriff;

(b)a named member of the police force;

(c)all members of the police force;

(d)any named person authorised by law to execute a warrant to arrest; or

(e)all persons authorised by law to execute a warrant to arrest.

(4)The warrant may be in Form 75B.".

7Arrest pending contempt hearing

(1)In Rule 75.08.1(1) of the Principal Rules omit "in Form 75AA".

(2)After Rule 75.08.1(1) of the Principal Rules insert—

"(1.1)A warrant for the arrest of the person may be issued—

(a)where the arrest is ordered by a Judge of the Court, under the hand of the Judge;

(b)where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge.

(1.2)A warrant issued under paragraph (1) may be directed to any one or more of the following—

(a)the Sheriff;

(b)a named member of the police force;

(c)all members of the police force;

(d)any named person authorised by law to execute a warrant to arrest; or

(e)all persons authorised by law to execute a warrant to arrest.

(1.3)The warrant may be in Form 75BA.".

8Rule 75.09 revoked

Rule 75.09 of the Principal Rules is revoked.

9New Forms 75A to 75BA

For Forms 75A, 75AA and 75B of the Principal Rules substitute—

FORM 75A"

Rule 75.02(4)

ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF SUPREME COURT

IN THE SUPREME COURT

OF VICTORIA

AT

TO:

*the Sheriff

*[insert name of member of the police force]

*all members of the police force

*[insert name and position of person authorised by law to execute a warrant to arrest]

*all persons authorised by law to execute a warrant to arrest

Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith.

Dated [insert date].

Judge

*delete if not applicable

_______________

FORM 75B

Rule 75.08(4)

ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION

[heading as in summons or originating motion]

TO:

*the Sheriff

*[insert name of member of the police force]

*all members of the police force

*[insert name and position of person authorised by law to execute a warrant to arrest]

*all persons authorised by law to execute a warrant to arrest

Arrest [insert name of person] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $          into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to answer the charge and to submit to the judgment of the Court.

Dated [insert date]

Judge

*delete if not applicable

_______________

FORM 75BA

Rule 75.08.1(1.3)

ARREST WARRANT PENDING CONTEMPT HEARING

[heading as in originating process]

TO:

*the Sheriff

*[insert name of member of the police force]

*all members of the police force

*[insert name and position of person authorised by law to execute a warrant to arrest]

*all persons authorised by law to execute a warrant to arrest

Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith.

Dated [insert date].

Judge

*delete if not applicable

_______________".

10Consequential amendment to Form 75C

In Form 75C of the Principal Rules, for

"75AA or 75B" substitute "75B or 75BA".

Dated:    29 November 2012

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

BERNARD D. BONGIORNO, J.A.

D. L. HARPER, J.A.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

PHILLIP PRIEST, J.A.

D. J. HABERSBERGER, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

G. J. DIGBY, J.

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ENDNOTES

[1]

Rule 4: S.R. No. 148/2005.  Reprint No. 4 as at 17 September 2012.  Reprinted to S.R. No. 97/2012 and subsequently amended by

S.R. Nos 39/2012 and 121/2012.