Untitled document

Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012

S.R. No. 28/2012

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Validity of complaint, counterclaim or third party notice

5Form 11A—Third party notice

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 28/2012

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 to make further provision for the validation of counterclaims and third party notices.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 25 April 2012.

4Validity of complaint, counterclaim or third party notice

(1)In the heading to Rule 28.03 of the Magistrates' Court General Civil Procedure Rules 2010[1], for "complaint" substitute "complaint, counterclaim or third party notice".

(2)In Rule 28.03 of the Magistrates' Court General Civil Procedure Rules 2010, for "complaint" substitute "complaint, counterclaim or third party notice".

5Form 11A—Third party notice

In Form 11A of the Magistrates' Court General Civil Procedure Rules 2010, for—

"FILED [e.g. 15 June 20    ].

Registrar"

substitute—

"DATE OF FILING:

THIS THIRD PARTY NOTICE IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING

Dated: [e.g. 5 September 20     ].

[To be signed by the defendant or the defendant's Australian lawyer]".

Dated:    23 April 2012

IAN L. GRAY,

Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

PETER A. LAURITSEN,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011 and 2/2012.