Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 (Vic)

Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013

S.R. No. 71/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 1.07

1.07Default scale of costs

6New Rules 4.28 and 4.29

4.28Partners and firms

4.29Service of process on partners and firms

7Accompanying documents for electronic lodgement

8Planning and Environment List

9Review and Regulation List

10Domestic Building List

11Owners Corporations List

12Residential Tenancies List

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 71/2013

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008 to provide for—

(a)proceedings in the names of firms;

(b)service of documentation when applications are lodged electronically;

(c)a default scale of costs;

(d)the allocation of enactments to Lists.

2Authorising provisions

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

3Commencement

These Rules come into operation on 1 July 2013.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5New Rule 1.07

After Rule 1.06 of the Principal Rules insert—

"1.07   Default scale of costs

Unless the Tribunal otherwise orders, if the Tribunal makes an order as to costs, the applicable scale of costs is the Scale of Costs in Appendix A of Chapter I of the Rules of the County Court.".

6New Rules 4.28 and 4.29

After Rule 4.27 of the Principal Rules insert—

4.28Partners" and firms

Where two or more persons carry on business as partners within Victoria, a proceeding may be commenced by or against them in the name of the firm (if any) of which they were partners when the cause of action accrued.

4.29Service of process on partners and firms

A notice, order or document in a proceeding commenced against partners in the firm named under Rule 4.28 may be served on or given to the partners and the firm by—

(a)serving it on any one or more of the partners in any manner in accordance with section 140(1)(a) of the Act; or

(b)sending it by post, facsimile or other electronic transmission to the firm at its last known business address; or

(c)leaving it at the firm's usual or last known business address with a person on the premises who is apparently at least 16 years old and apparently employed there.".

7Accompanying documents for electronic lodgement

At the end of Rule 6.23 of the Principal Rules insert—

"(2)Despite subrule (1), any document which is to form part of the material to be provided to the Tribunal in accordance with Rule 6.25 or Rule 6.28 must be served on the respondent or respondents, as the case requires, at the time of service of that application.".

8Planning and Environment List

In clause 4 of Schedule 1 to the Principal Rules, in item 4.13 after "1988" insert ", except Part 5".

9Review and Regulation List

In clause 5 of Schedule 1 to the Principal Rules, in item 5.9 after "Part 12A" insert "and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7".

10Domestic Building List

In clause 8 of Schedule 1 to the Principal Rules, in item 8.1A, after "Part 12A" insert

"and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7".

11Owners Corporations List

In clause 9A of Schedule 1 to the Principal Rules, in item 9A.3 omit ", and sections 36 and 39 (other disputes)".

12Residential Tenancies List

In clause 11 of Schedule 1 to the Principal Rules—

(a)in item 11.6 for "1997;" substitute "1997.";

(b)item 11.7 is revoked.

Dated:     19 June 2013

GREGORY GARDE, President

PAMELA JENKINS, Vice President

M. F. MACNAMARA, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008.  Reprint No. 1 as at 1 April 2012.  Reprinted to S.R. No. 1/2012.  Subsequently amended by S.R. Nos 16/2013 and 38/2013.