Untitled document

Supreme Court (Chapter VI Amendment No. 3) Rules 2009

S.R. No. 98/2009

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Part heading inserted

6Definitions

7New Part 2 of Order 5

PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009

5.09Application for reinstatement of certain money
warrants

5.10Filing and service of summons

8New Form 6-5G

Form 6-5G—Summons—Application under Section 28 of
the Sheriff Act 2009

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 98/2009

Supreme Court Act 1986

Supreme Court (Chapter VI Amendment No. 3) Rules 2009

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to provide for applications under section 28 of the Sheriff Act 2009.

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 the day that section 28 of the Sheriff Act 2009 comes into operation.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2008[1] are called the Principal Rules.

5Part heading inserted

In Order 5 of the Principal Rules, before Rule 5.01 insert—

"PART 1—PAYMENT OF FINES—SENTENCING ACT 1991".

6Definitions

In Rule 5.01 of the Principal Rules for "this Order" substitute "this Part".

7New Part 2 of Order 5

After Rule 5.08 of the Principal Rules insert—

"PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009

5.09Application for reinstatement of certain money warrants

(1)An application under section 28 of the Sheriff Act 2009 for reinstatement of an executed money warrant as a money warrant shall be made by summons in the proceeding in Form 6-5G.

Note

Section 28(3) of the Sheriff Act 2009 provides that this application is to be made within 28 days after the person named or described in the relevant money warrant receives notice from the Sheriff under section 27(9) of that Act that a third party has paid the whole of the amount payable under that warrant.

(2)A summons under paragraph (1) shall be supported by an affidavit—

(a)stating the facts on which the application is made; and

(b)giving particulars of the executed money warrant;

(c)exhibiting the notice served on the applicant under section 27(9) of the Sheriff Act 2009.

5.10Filing and service of summons

(1)A summons under Rule 5.09 shall be filed with the Prothonotary.

(2)The summons and a copy of the supporting affidavit shall be served on—

(a)the Sheriff; and

(b)the third party who paid the whole of the amount payable under the executed money warrant.".

8New Form 6-5G

After Form 6-5F of the Principal Rules insert—

"FORM 6-5G

Rule 5.09

SUMMONS—APPLICATION UNDER SECTION 28 OF THE SHERIFF ACT 2009

IN THE SUPREME COURT OF VICTORIA
AT

TO:

THE SHERIFF:

And [name and address of third party who paid amount under executed money warrant to which this application relates]

You are summoned to attend before the Court on the hearing of an application under section 28 of the Sheriff Act 2009 by [name and address of applicant] for the reinstatement of an executed money warrant as a money warrant.

The application relates to the following executed money warrant: [specify details]

If you are the third party who paid the whole of the amount payable under the executed money warrant to which this application relates, you may attend but are not required to attend.

The application will be heard before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne, on [insert date] at [insert time] or so soon afterwards as the business of the Court allows.

FILED [e.g. 15 June 20    ].

This summons was filed by [identify applicant or applicant's legal representative].

__________________".

Dated:    27 August 2009

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

PHILIP MANDIE, J.A.

BERNARD D. BONGIORNO, J.A.

P. D. CUMMINS, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

ROSS ROBSON, J.

JACK FORREST, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

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ENDNOTES

[1] Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008 and 150/2008.