Untitled document

County Court (Chapter I Amendment No. 17) Rules 2005

S.R. No. 167/2005

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provision

3.Commencement

4.Principal Rules

5.Amendment of Rule 1.13

6.Substitution of Rule 11.13(1)(d)

7.Notice of a constitutional matter—filing and service

8.Amendment of Rule 20.06

9.Subpoena before Registrar

10.Judgment debt instalment orders

11.Substitution of Rule 71.06(1)

12.Amendment of Forms

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 167/2005

County Court Act 1958

County Court (Chapter I Amendment No. 17) Rules 2005

A majority of the Judges of the County Court makes the following Rules:

1.Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2.Authorising provision

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 January 2006.

4.Principal Rules

In these Rules, the County Court Rules of Procedure in Civil Proceedings 1999[1] are called the Principal Rules.

5.Amendment of Rule 1.13

In Rule 1.13(1) of the Principal Rules, for the definition of "solicitor" substitute—

' "solicitor" means an Australian lawyer as defined in the Legal Profession Act 2004, other than a barrister as defined in that Act, and includes an incorporated legal practice as defined in that Act;'.

6.Substitution of Rule 11.13(1)(d)

In Rule 11.13(1) of the Principal Rules, for paragraph (d), substitute—

"(d)generally make such orders and give such directions—

(i)as are necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; and

(ii)as to the extent to which the third party is to be bound by any judgment or decision in the proceeding.".

7.Notice of a constitutional matter—filing and service

In Rule 19.03 of the Principal Rules, for paragraph (b) substitute—

"(b)the Attorney-General for the Commonwealth, if the Attorney-General or the Commonwealth is not a party; and

(c)the Attorney-General of each State, if the Attorney-General or that State is not a party.".

8.Amendment of Rule 20.06

In Rule 20.06 of the Principal Rules omit "or Solicitor to the Public Trustee".

9.Subpoena before Registrar

(1)For Rule 42.10(1) of the Principal Rules substitute—

"(1)This Rule applies where a party who has a solicitor in the proceeding seeks to require a person not a party to produce any document for evidence before—

(a)the hearing of an interlocutory or other application in the proceeding; or

(b)the trial of the proceeding.".

(2)In Rule 42.10(8) of the Principal Rules, after

"that objection" insert "and state the grounds of that objection".

(3)In Rule 42.10(9) of the Principal Rules, after

"that objection" insert "and state the grounds of that objection".

(4)In Rule 42.10(9.1) of the Principal Rules, after "that objection" insert "and the grounds of that objection".

(5)In Rule 42.10(11) of the Principal Rules, after

"the objection" (where first occurring) insert

"and the grounds of that objection".

10.Judgment debt instalment orders

(1)In Rule 61.01(1) of the Principal Rules the definition of "section" is revoked.

(2)In Rule 61.02(1) of the Principal Rules, in paragraph (b), after "section 5" insert

"of the Act".

(3)In Rule 61.02(2) of the Principal Rules after "section 8" insert "of the Act".

(4)In Rule 61.02(3) of the Principal Rules after "section 8" insert "of the Act".

(5)In Rule 61.02(3.1) of the Principal Rules after "section 6" insert "of the Act".

(6)In Rule 61.02(4) of the Principal Rules after "section 8" insert "of the Act".

(7)In Rule 61.02(5) of the Principal Rules for "section 8" substitute "8 of the Act".

(8)In Rule 61.02(6) of the Principal Rules after "section 6(4)" insert "of the Act".

(9)In Rule 61.02(7) of the Principal Rules—

(a)after "section 6(5)" insert "of the Act"; and

(b)after "section 6(4)" insert "of the Act".

(10)In Rule 61.02(8) of the Principal Rules after "section 6(5)" insert "of the Act".

(11)In Rule 61.02(9) of the Principal Rules after "section 6(6)" insert "of the Act".

(12)In Rule 61.02(10) of the Principal Rules after "section 6(7)" insert "of the Act".

11.Substitution of Rule 71.06(1)

For Rule 71.06(1) of the Principal Rules substitute—

"(1)A garnishee summons shall identify each debt in respect of which it is filed and as the case requires—

(a)state—

(i)where the debt is due or accruing to the judgment debtor from the garnishee, that upon service of the summons the debt shall be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons;

(ii)where the debt is not yet due or accruing to the judgment debtor from the garnishee, that in the event that the debt becomes due or accrues before the day for hearing named in the summons the debt shall be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons when it becomes due or accrues; and

(b)state that on the day for hearing named in the summons the judgment creditor will apply for an order that the garnishee pay to the judgment creditor the debt attached to the extent of the amount specified in the summons.".

12.Amendment of Forms

(1)In Form 42E of the Principal Rules under the heading "FURTHER NOTES"—

(a)in item 1, after "your objection" (where first occurring) insert "and the grounds of that objection";

(b)in item 2—

(i)after "your objection" (where first occurring) insert "and the grounds of that objection";

(ii)after "your objection" (where thirdly occurring) insert "and the grounds of that objection".

(2)In Form 42F of the Principal Rules under the heading "FURTHER NOTES"—

(a)in item 1, after "its objection" (where first occurring) insert "and the grounds of that objection";

(b)in item 2—

(i)after "your objection" (where first occurring) insert "and the grounds of that objection";

(ii)after "your objection" (where thirdly occurring) insert "and the grounds of that objection".

(3)In Form 72C of the Principal Rules—

(a)for "or building society" substitute "or other authorised deposit-taking institution"; and

(b)for "bank, building society" substitute "bank or other authorised deposit-taking institution".

Dated: 15 December 2005

MICHAEL ROZENES, Chief Judge	JOHN BOWMAN
JOHN K. NIXON	R. LEWITAN
L. S. OSTROWSKI	J. A. SMALLWOOD
M. HIGGINS	S. M. COHEN
M. J. STRONG	I. E. LAWSON
J. H. BARNETT	G. GULLACI
E. H. CURTAIN	E. M. GAYNOR
FRED DAVEY	P. J. COISH
STUART CAMPBELL	K. R. HOWIE
DAVID MORROW	R. F. PUNSHON
M. G. McINERNEY	G. T. CHETTLE
T. G. WODAK	F. MILLANE
MARILYN HARBISON	S. S. DAVIS
CAROLYN DOUGLAS	F. P. HAMPEL
TIM WOOD	J. G. MORRISH
P. D. JENKINS

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ENDNOTES

[1] Rule 4:  S.R. No. 20/1999.  Reprint No. 2 incorporating amendments as at 13 March 2003.  Subsequently amended by S.R. Nos 109/2003, 138/2003, 72/2004, 180/2004, 181/2004 and 107/2005.