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Supreme Court (Chapter I Amendment No. 28) Rules 2011

S.R. No. 77/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Special procedure

6New Form 45A and Form 45B

Form 45A—Summons on Originating Motion—Proceedings After Appearance

Form 45B—Summons on Originating Motion—Special Procedure

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 77/2011

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 28) Rules 2011

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 modify the special procedure set out in Rule 45.05 to provide for a more efficient process.

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 8 August 2011.

4Principal Rules

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

5Special procedure

For Rule 45.05(6) and (7) of the Principal Rules substitute—

"(6)Judgment shall not be given for the plaintiff, or an order made, for the relief or remedy sought in the originating motion or otherwise except on application made to an Associate Judge or, if the Associate Judge does not have authority to give the judgment or make the order sought by the plaintiff, to a Judge of the Court, on notice to the defendant in Form 45B.

(7)Where an application is made to an Associate Judge under paragraph (6), the Associate Judge may, as appropriate—

(a)hear and determine the application or refer it to another Associate Judge or a Judge of the Court for hearing and determination;

(b)by consent of the defendant, give judgment;

(c)place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.

(8)Where an application is made to a Judge of the Court under paragraph (6), the Judge may give judgment or make any order he or she considers appropriate.".

6New Form 45A and Form 45B

For Form 45A of the Principal Rules substitute—

FORM 45A"

Rule 45.04(2)

SUMMONS ON ORIGINATING MOTION—PROCEEDINGS AFTER APPEARANCE

[heading as in originating process]

To:  [identify each party or other person to whom summons is addressed and state address of each person not a party.]

You are summoned to attend before the Court on the hearing of an application by the plaintiff for judgment in respect of the relief or remedy sought in the originating motion as follows:  [describe the judgment or relief or remedy sought].

The application will be heard before the Associate Judge in Court No.    , Supreme Court, 436 Lonsdale Street, Melbourne, on [insert date]

at       a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

The Associate Judge may, as appropriate—

(a)where he or she has authority to give the judgment sought by the plaintiff, hear and determine the application or refer it to another Associate Judge for hearing and determination;

(b)by consent of the defendant, give the judgment;

(c)refer the application to a Judge of the Court for hearing and determination;

(d)place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.

FILED [e.g. 15 June 20     ].

This summons was filed by            of          , solicitor for the plaintiff.

__________________

FORM 45B

Rule 45.05(6)

SUMMONS ON ORIGINATING MOTION—SPECIAL PROCEDURE

[heading as in originating process]

To:  [identify each party or other person to whom summons is addressed and state address of each person not a party.]

You are summoned to attend before the Court constituted by *an Associate Judge/*Judge of the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows:  [describe the judgment or order sought].

The application will be heard before the *Associate Judge in Court No.    , Supreme Court, 436 Lonsdale Street, Melbourne,/*Judge of the Court in Practice Court on [insert date] at       a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

If the application is heard by an Associate Judge he or she may, as appropriate—

(a)hear and determine the application or refer it to another Associate Judge or a Judge of the Court for hearing and determination;

(b)by consent of the defendant, give the judgment;

(c)place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.

If the application is heard by a Judge of the Court, he or she may make any order he or she considers appropriate.

FILED [e.g. 15 June 20     ].

This summons was filed by            of          , solicitor for the plaintiff.

*Delete if not applicable

__________________".

Dated:    29 July 2011

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

DAVID ASHLEY, J.A.

ROBERT REDLICH, J.A.

BERNARD D. BONGIORNO, J.A.

D. L. HARPER, J.A.

H. R. HANSEN, J.A.

PAMELA TATE, J.A.

D. J. HABERSBERGER, J.

SIMON P. WHELAN, J.

KIM HARGRAVE, J.

BETTY JUNE KING, J.

ROSS ROBSON, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J

TERRY FORREST, J.

KARIN EMERTON, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

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ENDNOTES

[1]

Rule 4: S.R. No. 148/2005.  Reprint No. 3 as at 28 February 2011.  Reprinted to S.R. No. 8/2011.  Subsequently amended by

S.R. Nos 15/2011, 26/2011 and 53/2011.