Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 (Vic)

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Victorian Civil and Administrative Tribunal

(Amendment No. 1) Rules 1998

S.R. No. 93/1998

TABLE OF PROVISIONS

Rule Page
1. Object 1
2. Authorising provisions 1
3. Principal Rules 1
4. Amendment of Rule 6.37 1
5. New Rules 6.37.1 and 6.37.2 inserted 1
6.37.1 Service prior to lodgement 1
6.37.2 Applications 2
6. Amendment of heading to Part 8 of Order 6 3
7. Amendment of Rule 6.44 3
8. Amendment to Schedule 1 3

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NOTES 4

i

STATUTORY RULES 1998

S.R. No. 93/1998

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 1) Rules 1998

The Rules Committee established by section 150 of the makes the following Rules:

1. Object

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

2. Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3. Principal Rules

In these Rules, the Victorian Civil and the Principal Rules.

4. Amendment of Rule 6.37

In Rule 6.37(2) of the Principal Rules for "Rule 4.07 does" substitute "Rules 4.03 and 4.07 do".

5. New Rules 6.37.1 and 6.37.2 inserted

After Rule 6.37 of the Principal Rules insert—

"6.37.1 Service prior to lodgement

(1) Despite Rule 4.06, an applicant may serve a

copy of an application or referral under an

Victorian Civil and Administrative Tribunal (Amendment No. 1)
Rules 1998

r. 5 S.R. No. 93/1998

enactment allocated to the residential
tenancies list prior to the application being
lodged with the principal registrar or a

registrar of the Magistrates' Court.

(2) If a copy of the application or referral is

served prior to being lodged, the application
or referral must be lodged in accordance
with Rule 4.05 within 3 days after service of

the copy.

6.37.2 Applications

For the purposes of section 67(1)(a) of the include—

(a) the name, address, telephone number and facsimile number of the applicant, the respondent and any other party whom the applicant claims ought to be joined as a party;
(b) if a party is a corporation, its Australian Company Number or Australian Registered Body Number;
(c)

the name, address, telephone number acting for the applicant, respondent or other party;

(d)

the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application;

(e)

a brief description of the remedy sought and the basis on which the remedy is sought.".

Victorian Civil and Administrative Tribunal (Amendment No. 1)
Rules 1998

S.R. No. 93/1998 r. 6

6. Amendment of heading to Part 8 of Order 6

In Order 6 to the Principal Rules, in the heading to
Part 8 for "RESIDENTIAL" substitute

"RETAIL".

7. Amendment of Rule 6.44

In Rule 6.44 of the Principal Rules for

"residential" substitute "retail".

8. Amendment to Schedule 1

In Schedule 1 to the Principal Rules, in Part 1, in clause 4(l) for "38" substitute "36".

Dated: 17 July 1998

MURRAY B. KELLAM, President
FRED G. DAVEY, Vice-President
TIM WOOD, Vice-President

JANE MONK, Member

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Victorian Civil and Administrative Tribunal (Amendment No. 1)
Rules 1998

Notes S.R. No. 93/1998

NOTES

1 Rule 3: S.R. No. 87/1998.

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