Untitled document

Supreme Court (Chapter II Amendment No. 2) Rules 2009

S.R. No. 42/2009

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Application of Order 4

5New Order 7A

ORDER 7A

APPEALS UNDER THE UNCLAIMED MONEY ACT 2008

PART 1—GENERAL

7A.01Definitions

7A.02Application

7A.03Procedure

7A.04Interlocutory applications in Trial Division

PART 2—APPEALS FROM THE REGISTRAR

7A.05Setting down

7A.06Relevant documents

7A.07Affidavit and directions

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 42/2009

Supreme Court Act 1986

Supreme Court (Chapter II Amendment No. 2) Rules 2009

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to provide a procedure for objections to be dealt with as appeals under the Unclaimed Money Act 2008.

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 4 May 2009.

4Application of Order 4

In Rule 4.01(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[1] after "Order 7," insert "7A,".

5New Order 7A

After Order 7 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert—

"ORDER 7A

APPEALS UNDER THE UNCLAIMED MONEY ACT 2008

PART 1—GENERAL

7A.01Definitions

In this Order—

objection means a written objection made under section 56 of the Act;

objector means a person who lodges an objection under section 56(1) of the Act;

the Act means the Unclaimed Money Act 2008;

the Registrar means the person appointed as Registrar of Unclaimed Money appointed under section 4 of the Act.

7A.02Application

(1)Subject to paragraph (2), this Order applies to a proceeding in the Trial Division of the Court—

(a)following a determination of an objection by the Registrar under section 57 of the Act when the objector requests, under section 59(2)(b) of the Act, that the objection be treated as an appeal to the Court;

(b)by way of appeal on a question of law (including the application for leave to appeal) from an order of VCAT upon an objection;

(c)by way of referral by VCAT of a question of law arising in the review by VCAT of a determination of an objection by the Registrar.

(2)This Order does not apply—

(a)to a proceeding in the Trial Division to which Order 8 applies; or

(b)to a proceeding in the Court of Appeal.

(3)A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(b) or (c) is to be conducted in accordance with Order 4 or 6, as the case requires.

7A.03Procedure

(1)Rules 7A.04 to 7A.07 apply to a proceeding described in Rule 7A.02(1)(a).

(2)Subject to Rule 7A.04, Order 4, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7A.02(1)(b).

(3)Subject to Rule 7A.04, Order 6, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7A.02(1)(c).

7A.04Interlocutory applications in Trial Division

(1)In a proceeding to which this Order applies, an interlocutory application shall be made by summons to a Judge of the Court.

(2)The applicant shall comply with Rule 46.05(1) of Chapter I not later than 7 days before the day for hearing named in the summons.

(3)If a Judge of the Court gives directions with respect to affidavits, no affidavit in respect of which the directions have not been complied with shall be used without leave of a Judge of the Court.

PART 2—APPEALS FROM THE REGISTRAR

7A.05Setting down

(1)The Registrar shall file in the Court the objection which an objector has requested be treated as an appeal to the Court.

(2)When the objection is filed, the objection is set down as an appeal.

(3)Upon the setting down of the appeal, the Prothonotary shall notify the objector in writing that the appeal has been set down.

7A.06Relevant documents

Within seven days after the day on which the appeal is set down, the Registrar shall file in the Court a copy of—

(a)the assessment, reassessment, decision or determination to which the objection was made;

(b)the notice given to the objector of the determination of the objection by the Registrar under section 57(3) of the Act;

(c)the request under section 59(2)(b) of the Act to treat the objection as an appeal; and

(d)any other documents in the Registrar's possession or control which are necessary for the hearing and determination of the appeal.

7A.07Affidavit and directions

Within 14 days after receiving the notice given under Rule 7A.05(3), the objector shall—

(a)file in the Court and serve on the Registrar an affidavit setting out the acts, facts, matters and circumstances relating to—

(i)the assessment, reassessment, decision or determination to which the objection was made;

(ii)the ground or grounds upon which the objector relies;

(b)apply for directions.

__________________".

Dated:    30 April 2009

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

P. D. CUMMINS, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

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ENDNOTES

[1] Rule 4: S.R. No. 94/2008 as amended by S.R. Nos 100/2008 and 30/2009.