Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 1999 (Vic)

Victorian Civil and Administrative Tribunal

(Amendment No. 2) Rules 1999

S.R. No. 24/1999

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Transfer of proceeding from a list to another list	1
5.	Time for service of application or referral in general list	2
6.	Time for lodgement of application or referral in residential
tenancies list	2
7.	Transitional provisions	2
PART 9—TRANSITIONAL	3

7.01	Transitional provision	3
7.02	Transitional provision	3

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NOTES 4

i

STATUTORY RULES 1999

S.R. No. 24/1999

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 2) Rules 1999

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. Transfer of proceeding from a list to another list

For Rule 2.05(4) of the Principal Rules
substitute—

"(4) At the request of—

(a) a party to the proceeding; or

(b) the principal registrar—

the Deputy President in charge of a list in
which a proceeding is entered, or a member

Victorian Civil and Administrative Tribunal (Amendment No. 2)
Rules 1999

r. 5

r. 7 S.R. No. 24/1999

assigned to that list nominated by that sub-rule, may order the transfer of the proceeding from that list to another list.

(5) An order can only be made under sub-rule

(4) with the consent of the Deputy President in charge of the list to which the proceeding is to be transferred, or a member assigned to that list nominated by that Deputy President for the purposes of this sub-rule.

(6) An order under sub-rule (4) may be made without the attendance of the parties to the proceeding and may be made on such terms

and conditions as the Deputy President or
member who makes the order thinks fit and
may include an order for costs.

(7) The principal registrar may, with the consent

of the parties, transfer a proceeding from a
list to another list.".

5.  Time for service of application or referral in general list

In Rule 5.01 of the Principal Rules for "5 days" substitute "7 days".

6.  Time for lodgement of application or referral in residential tenancies list

In Rule 6.37.1(2) of the Principal Rules for

"3 days" substitute "7 days".

7. Transitional provisions

Victorian Civil and Administrative Tribunal (Amendment No. 2)
Rules 1999

S.R. No. 24/1999

After Rule 6.44 of the Principal Rules insert—

"PART 9—TRANSITIONAL

7.01 Transitional provision

The amendment to Rule 5.01 made by the Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 1999 does not apply to applications or referrals lodged with the principal registrar before the commencement of those Rules.

7.02 Transitional provision

The amendment to Rule 6.37.1(2) made by the Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 1999 does not apply to copies of applications or referrals served prior to being lodged with the Tribunal, if service took place before the commencement of those Rules.".

Dated: 9 March 1999

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. 2)
Rules 1999

Notes S.R. No. 24/1999

NOTES

1 Rule 3: S.R. No. 87/1998 as amended by S.R. No. 93/1998.