Untitled document

Magistrates' Court Civil Procedure (Amendment No. 18) Rules 2006

S.R. No. 178/2006

TABLE OF PROVISIONS

Rule  Page

1.Objects

2.Authorising provisions

3.Commencement

4.New Rule 35.01.1 inserted

35.01.1 Jurisdiction of Neighbourhood Justice Division

5.New civil registry venue

═══════════════

ENDNOTES

STATUTORY RULES 2006

S.R. No. 178/2006

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 18) Rules 2006

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

1.Objects

The objects of these Rules are to—

(a)to specify proceedings with respect to the civil jurisdiction of the Neighbourhood Justice Division of the Court for the purposes of section 4O(3)(d) of the Act; and

(b)prescribe the venue of the Court at Collingwood as a civil registry court.

2.Authorising provisions

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

3.Commencement

These Rules come into operation on 2 January 2007.

4.New Rule 35.01.1 inserted

After Rule 35.01 of the Magistrates' Court Civil Procedure Rules 1999[1] insert—

"35.01.1Jurisdiction of Neighbourhood Justice Division

For the purposes of section 4O(3)(d) of the Act, with respect to the civil jurisdiction of the Court, the following are specified—

(a)a proceeding under the Fences Act 1968; and

(b)a proceeding under the Family Law Act 1975 of the Commonwealth in which the Court has federal jurisdiction under section 39(6) or 69J of that Act.".

5.New civil registry venue

In Appendix B to the Magistrates' Court Civil Procedure Rules 1999, after "Colac" insert "Collingwood".

Dated:    21 December 2006

IAN LESLIE GRAY,
Chief Magistrate

DANIEL JOHN MULING,
Deputy Chief Magistrate

JELENA POPOVIC,
Deputy Chief Magistrate

═══════════════

ENDNOTES

[1] Rule 4:  S.R. No. 58/1999.  Reprint No. 3 as at 1 March 2005.  Reprinted to S.R. No. 5/2005.  Subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006 and 170/2006.