Untitled document

Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012

S.R. No. 2/2012

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Commencement of proceedings

6Defence of third party

7Issuing of subpoena

8Amendment to Form 8A

9Amendment to Appendix A

10New Appendix C inserted

Appendix C—Civil Registry Courts—Filing of Complaints Under Workers Compensation Act 1958 or Accident Compensation Act 1985

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 2/2012

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Amendment No. 3) 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—

(a)to make further provision for the commencement of proceedings; and

(b)to provide for the issue of subpoenas by a registrar at any venue of the Court; and

(c)to make other miscellaneous amendments.

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 1 February 2012.

4Principal Rules

In these Rules, the Magistrates' Court General Civil Procedure Rules 2010[1] are called the Principal Rules.

5Commencement of proceedings

(1)In Rule 4.04(1) of the Principal Rules, for "A civil" substitute "Subject to paragraph (1A), a civil".

(2)After Rule 4.04(1) of the Principal Rules insert—

"(1A)A proceeding under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 must be commenced by the filing of a complaint at the venue of the Court specified in Appendix C.".

6Defence of third party

In Rule 11.09(1) of the Principal Rules, for "third notice" substitute "third party notice".

7Issuing of subpoena

After Rule 42.02(1) of the Principal Rules insert—

"(1A)A subpoena may be issued under this Rule by a principal registrar, registrar or deputy registrar of the Court at any venue of the Court.".

8Amendment to Form 8A

In Form 8A of the Principal Rules, in item 5(c) under the heading "Notes", for "questions of fact arising" substitute "questions of fact not arising".

9Amendment to Appendix A

In item 83(a) of the Scale of Costs in Appendix A to the Principal Rules, for "$$42 637" (where twice occurring) substitute "$42 637".

10New Appendix C inserted

After Appendix B to the Principal Rules insert—

APPENDIX C"

CIVIL REGISTRY COURTS—FILING OF COMPLAINTS UNDER WORKERS COMPENSATION ACT 1958 OR ACCIDENT COMPENSATION ACT 1985

If the place where the subject matter of the complaint arose or the place of residence of the defendant is—

(a)within the metropolitan area (being the inner urban, southern suburbs, northern and eastern suburbs and western suburbs regions)—Melbourne Magistrates' Court;

(b)within the Western Districts region—Geelong, Ballarat or Warrnambool Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;

(c)within the Wimmera-Mallee region—Bendigo or Mildura Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;

(d)within the Upper Murray region—Wangaratta Magistrates' Court;

(e)within the Gippsland region—Latrobe Valley Magistrates' Court.

__________________".

Dated:    23 January 2012

IAN L. GRAY,

Chief Magistrate

LANCE I. MARTIN,

Deputy Chief Magistrate

DANIEL J. MULING,

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 and 149/2011.