Untitled document
County Court (Miscellaneous Amendments) Rules 2012
S.R. No. 104/2012
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Objects
2Authorising provisions
3Commencement
PART 2—AMENDMENTS TO CHAPTER I
4Seal of Court
5Objection by party to inspection by other party
6Proceedings after appearance
7Issue of warrant of execution
8Form 68A—Warrant of seizure and sale
PART 3—AMENDMENTS TO CHAPTER II
9Rules 13.05 to 13.08 revoked
PART 4—AMENDMENTS TO CHAPTER III
10Enforcement of fine against a natural person
11Forms 5B and 5BA substituted
Form 5B—Fine Conversion Order under Sentencing Act 1991
Form 5BA—Fine Default Unpaid Community Work Order under Sentencing Act 1991
12Notice about the procedure for enforcement of fines
13New Form 5CA inserted
Form 5CA
14Warrant to arrest for failure to pay fine
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 104/2012
County Court Act 1958
County Court (Miscellaneous Amendments) Rules 2012
A majority of the Judges of the County Court makes the following Rules:
PART 1—PRELIMINARY
1Objects
The objects of these Rules are—
(a)to amend Chapter I of the Rules of the County Court—
(i)in relation to the procedure for a party to object to the inspection of a document that is a hospital or medical file identified in a subpoena;
(ii)in relation to warrants of seizure and sale to reflect changes made to section 52 of the Transfer of Land Act 1958 by the Land Legislation Amendment Act 2009;
(iii)in relation to the sealing of documents;
(b)to revoke redundant provisions of Order 13 of Chapter II of the Rules of the County Court and make a consequential amendment to Chapter I;
(c)to insert a new Form and substitute and amend certain existing Forms in Chapter III of the Rules of the County Court, as a consequence of the enactment of the Courts and Sentencing Legislation Amendment Act 2012.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 1 October 2012.
__________________
PART 2—AMENDMENTS TO CHAPTER I
4Seal of Court
In Rule 28.04(1) of the County Court Civil Procedure Rules 2008[1]—
(a)for "and the Registrar" substitute "the Registrar and every associate to a Judge";
(b)in paragraph (b), for ' "Registrar".' substitute ' "Registrar";';
(c)after paragraph (b) insert—
'(c)an associate to a Judge, the words "Associate to a Judge of the Court".'.
5Objection by party to inspection by other party
In Rule 42A.08(2) of the County Court Civil Procedure Rules 2008, for "seven" substitute "14".
6Proceedings after appearance
After Rule 45.04(4) of the County Court Civil Procedure Rules 2008 insert—
"(5)Nothing in this Rule applies to a proceeding in a specialist list where a practice note applies in respect of proceedings in that list.".
7Issue of warrant of execution
After Rule 68.04(3) of the County Court Civil Procedure Rules 2008 insert—
"(3A)For the purposes of section 52(2) of the Transfer of Land Act 1958, if the person requesting the issue of a warrant of seizure and sale satisfies the Registrar, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant.
Note
See Rule 69.04(3) as to sale of land under a warrant of seizure and sale.".
8Form 68A—Warrant of seizure and sale
(1)In Form 68A of the County Court Civil Procedure Rules 2008 for "Issued 20" substitute—
"*For the purposes of section 52(2) of the Transfer of Land Act 1958, the land in the folio or folios of the Register kept under that Act identified by folio number(s) [insert relevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant.
Issued 20".
(2)At the end of Form 68A of the County Court Civil Procedure Rules 2008 insert—
"*Delete if not applicable.".
__________________
PART 3—AMENDMENTS TO CHAPTER II
9Rules 13.05 to 13.08 revoked
Rules 13.05, 13.06, 13.07 and 13.08 of the County Court Miscellaneous Rules 2009[2] are revoked.
__________________
PART 4—AMENDMENTS TO CHAPTER III
10Enforcement of fine against a natural person
After Rule 5.06(2) of the County Court Criminal Procedure Rules 2009[3] insert—
"(2A)An application under section 63AE of the Sentencing Act 1991 must be in Form 5CA.".
11Forms 5B and 5BA substituted
For Forms 5B and 5BA of the County Court Criminal Procedure Rules 2009 substitute—
"RULE 5.06(1)
FORM 5B
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
FINE CONVERSION ORDER
UNDER SENTENCING ACT 1991
To: [name] Date of Birth:
Of: [address]
On [date], this Fine Conversion Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ...............................
UNPAID AMOUNTS
| Fine | Statutory Cost | Costs | Hours of work ordered | Duration of order | How hours to be served |
| $ | $ | $ | 00 hours | 00 months | As directed |
Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].
The terms of this fine conversion order are that you must—
•not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
•comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011;
•report to, and receive visits from the Secretary (or delegate) during the period of the order;
•report to the community corrections centre specified in the order within 2 clear working days after the order comes into force;
•notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change;
•not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);
•comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.
This order was made on [date] at [place].
[Signature of Offender] [Signature of Judge/Registrar]
__________________
RULE 5.06(1A)
FORM 5BA
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
FINE DEFAULT UNPAID COMMUNITY WORK ORDER
UNDER SENTENCING ACT 1991
To: [name] Date of Birth:
Of: [address]
On [date], this Fine Default Unpaid Community Work Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ...............................
UNPAID AMOUNTS
| Fine | Statutory Cost | Costs | Hours of work ordered | Duration of order | How hours to be served |
| $ | $ | $ | 00 hours | 00 months | As directed |
Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].
The terms of this fine default unpaid community work order are that you must—
•not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
•comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011;
•report to, and receive visits from the Secretary (or delegate) during the period of the order;
•report to the community corrections centre specified in the order within 2 clear working days after the order comes into force;
•notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change;
•not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);
•comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.
This order was made on [date] at [place].
[Signature of Offender] [Signature of Judge/Registrar]
__________________".
12Notice about the procedure for enforcement of fines
In Form 5C of the County Court Criminal Procedure Rules 2009—
(a)for "making of a Community-Based Order" substitute "making of a Fine Conversion Order";
(b)for "granted a Community-Based Order" substitute "granted a Fine Conversion Order";
(c)for "make a community-based order" substitute "make a Fine Default Unpaid Community Work Order".
13New Form 5CA inserted
After Form 5C of the County Court Criminal Procedure Rules 2009 insert—
"RULE 5.06(2A)
FORM 5CA
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
APPLICATION TO VARY
* FINE CONVERSION ORDER
* FINE DEFAULT UNPAID COMMUNITY WORK ORDER
APPLICANT'S NAME:
RESPONDENT'S NAME:
CONTACT DETAILS
Contact no: _______________ Email address: ________________________
Address for service:_____________________________________________
_____________________________________________________________
I, ___________________apply to the Court at ____________________ to—
o vary the fine conversion order
o vary the fine default unpaid community work order
DETAILS OF ORDER
The order was made at the ______________ Court on the ___/____/___ .
The order commenced on ____/____/____ and ceases on ___/____/____.
REASON FOR APPLICATION:
______________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Date: ____/____/______ –––––––––––––––––
Signature of Applicant
LISTING OF APPLICATION
This application is listed for hearing before the County Court at on ____/____/______ at am/pm.
Date: ____/____/______ –––––––––––––––––
Deputy Registrar
__________________".
14Warrant to arrest for failure to pay fine
In Form 5D of the County Court Criminal Procedure Rules 2009, for "Community-Based Order" substitute "Fine Conversion Order".
Dated: 20 September 2012
| M. ROZENES, Chief Judge | M. E. KENNEDY | |||||
| M. G. McINERNEY | C. M. O'NEILL | |||||
| J. R. BOWMAN | P. G. MISSO | |||||
| J. A. NICHOLSON | K. L. BOURKE | |||||
| G. G. HICKS | P. G. LACAVA | |||||
| J. A. SMALLWOOD | P. M. TAFT | |||||
| S. M. COHEN | F. SACCARDO | |||||
| F. E. HOGAN | M. A. GAMBLE | |||||
| I. E. LAWSON | H. MASON | |||||
| G. GULLACI | G. P. MULLALY | |||||
| E. M. GAYNOR | T. J. GINNANE | |||||
| K. R. HOWIE | J. L. PARRISH | |||||
| R. F. PUNSHON | M. H. TINNEY | |||||
| G. T. CHETTLE | G. T. CANNON | |||||
| F. MILLANE | J. F. CARMODY | |||||
| S. S. DAVIS | R. J. H. MAIDMENT | |||||
| F. P. HAMPEL | R. H. SMITH | |||||
| J. G. MORRISH | B. A. COTTERELL | |||||
| D. A. PARSONS | M. F. MACNAMARA | |||||
| A. J. HOWARD | D. G. BROOKES | |||||
| L. A. HANNAN | L. D. PILGRIM | |||||
| M. D. MURPHY | ||||||
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ENDNOTES
[1] Rule 4: S.R. No. 148/2008 as amended by S.R. Nos 182/2009, 184/2009, 185/2009, 145/2010, 146/2010, 81/2011, 82/2011, 107/2011, 156/2011 and 85/2012.
[2] Rule 9: S.R. No. 56/2009 as amended by S.R. Nos 183/2009 and 185/2009.
[3] Rule 10: S.R. No. 183/2009 as amended by S.R. Nos 31/2012 and 95/2012.
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