county court (miscellaneous amendments) rules 2014file/14-210sr.docx · web viewcounty court...

County Court (Miscellaneous Amendments) Rules 2014

S.R. No. 210/2014

TABLE OF PROVISIONSRule Page

PART 1—PRELIMINARY 1

1 Objects 12 Authorising provisions 23 Commencement 2

PART 2—CHAPTER I AMENDED 3

Division 1—Alteration of list and division arrangements 3

4 Rule 34A.02 substituted 334A.02 Court Divisions 3

5 Damages and Compensation List 36 Divisions of Damages and Compensation List 37 Commercial List 48 Divisions of Commercial List 59 Rule 34A.09 substituted 5

34A.09 Entry of proceeding in Division and List 510 Mode of entry in list 511 Rule 34A.11 substituted 6

34A.11 Transfer from one Division or List to another 612 Judges in charge and Other Judges 613 Control of proceedings 614 Application of Part 5 715 Personal attendance of parties 716 Exemption from requirement that party seek direction of court

to adduce expert evidence 717 Filing confirmation notice 7

Division 2—Arbitration consequential amendments 7

18 Reference to arbitration 7

Division 3—Civil appeals consequential amendments 8

19 Notice of Appeal 8

1

Division 4—New costs bases consequential amendments to offers of compromise provisions 9

20 Definitions for Order 26 921 Costs consequences of failure to accept 922 Pre-litigation offers 923 Contributor parties 9

Division 5—Other minor amendments 9

24 Definitions and application of Order 71 925 Definitions for Order 73 1026 References to police updated 1027 Statute law revision 11

PART 3—CHAPTER II AMENDED 12

Division 1—Family provision amendments 12

28 Application by originating motion 12

Division 2—Vexatious proceedings amendments 13

29 Application for leave to proceed under extended litigation restraint order 13

30 Application for leave to proceed under general litigation restraint order 14

31 Notice of applications 1432 Application for variation or revocation of litigation restraint

order 1433 New Rules 18.07 and 18.08 inserted 14

18.07 Application to vary or revoke litigation restraint order 1418.08 Notice of application to vary or revoke litigation

restraint order 1534 Minor amendments to Forms 2–18A to 2–18G 1535 New Forms 2–18H and 2–18I inserted 18

Form 2–18H—Application to Vary or Revoke Litigation Restraint Order 18

Form 2–18I—Notice of Application to Vary or Revoke Litigation Restraint Order 20

Division 3—Minor amendments 21

36 References to police updated 2137 Statute law revision 21

PART 4—CHAPTER III AMENDED 22

Division 1—Mental impairment and unfitness to be tried amendments 22

38 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 22

39 Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court 22

Division 2—Other minor amendments 22

40 References to police updated 2241 Application under section 83AY of the Sentencing Act 1991

for review of a decision of the Secretary 2342 Statute law revision 23

═══════════════ENDNOTES 25

STATUTORY RULES 2014

S.R. No. 210/2014

County Court Act 1958

Vexatious Proceedings Act 2014

County Court (Miscellaneous Amendments) Rules 2014

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

PART 1—PRELIMINARY

1 Objects

The objects of these Rules are—

(a) to amend Chapter I of the Rules of the County Court—

(i) to alter the structure and naming of the Divisions and Lists of the Court under Order 34A of that Chapter; and

(ii) as a consequence of the enactment of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014; and

(iii) to update certain references and make further minor changes to that Chapter; and

(b) to amend Chapter II of the Rules of the County Court—

(i) as a consequence of the enactment of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014; and

1

(ii) to make Order 18 of that Chapter consistent with Order 83 of Chapter I of the Rules of the Supreme Court; and

(iii) to update certain references and make further minor changes to that Chapter; and

(c) to amend Chapter III of the Rules of the County Court—

(i) as a consequence of the enactment of Part 3 of the Justice Legislation Amendment (Confiscation and Other Matters) Act 2014; and

(ii) to update certain references and make further minor changes to that Chapter.

2 Authorising provisions

These Rules are made under section 78 of the County Court Act 1958, section 88 of the Vexatious Proceedings Act 2014 and all other enabling powers.

3 Commencement

These Rules come into operation on 1 January 2015.

__________________

Part 2—Chapter I Amended

County Court (Miscellaneous Amendments) Rules 2014S.R. No. 210/2014

2

r. 2

PART 2—CHAPTER I AMENDED

Division 1—Alteration of list and division arrangements

4 Rule 34A.02 substituted

For Rule 34A.02 of the County Court Civil Procedure Rules 20081 substitute—

"34A.02 Court Divisions

The Registrar shall establish and maintain the following Court Divisions—

(a) the Common Law Division;

(b) the Commercial Division.".

5 Damages and Compensation List

(1) For the heading to Rule 34A.03 of the County Court Civil Procedure Rules 2008 substitute—

"Common Law Division".

(2) In Rule 34A.03 of the County Court Civil Procedure Rules 2008—

(a) for "Damages and Compensation List" substitute "Common Law Division";

(b) in paragraph (e)(ii), for "1958." substitute "1958;";

(c) after paragraph (e) insert—

"(f) any proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013.".

6 Divisions of Damages and Compensation List


"Lists of Common Law Division".



3

r. 4

(2) In Rule 34A.04(1) of the County Court Civil Procedure Rules 2008—

(a) for "Damages and Compensation List" substitute "Common Law Division";

(b) in paragraphs (a), (b), (c), (d) and (da), for "Division" substitute "List";

(c) in paragraph (e), for "Division; and" substitute "List;";

(d) in paragraph (f), for "Division." substitute "List; and";

(e) after paragraph (f) insert—

"(g) the Confiscations List.".

(3) For Rule 34A.04(2) of the County Court Civil Procedure Rules 2008 substitute—

"(2) The General List shall consist of any proceeding in the Common Law Division not in—

(a) the Defamation List;

(b) the Medical List;

(c) the Applications List;

(d) the Family Property List;

(e) the WorkCover List;

(f) the Serious Injury List; or

(g) the Confiscations List.".

(4) In Rule 34A.04(3), (4), (5), (6), (7) and (8) of the County Court Civil Procedure Rules 2008, for "Division" substitute "List".

7 Commercial List

(1) In the heading to Rule 34A.05 of the County Court Civil Procedure Rules 2008, for "List" substitute "Division".



4

r. 7

(2) In Rule 34A.05 of the County Court Civil Procedure Rules 2008, for "List" substitute "Division".

8 Divisions of Commercial List


"Lists of Commercial Division".


(a) for "List" substitute "Division";

(b) in paragraphs (a), (b), (c) and (e), for "Division" substitute "List".

(3) In Rule 34A.06(2) of the County Court Civil Procedure Rules 2008, for "General Division" substitute "General List".

(4) In Rule 34A.06(3) of the County Court Civil Procedure Rules 2008, for "Division" (where three times occurring) substitute "List".

(5) In Rule 34A.06(4) and (7) of the County Court Civil Procedure Rules 2008, for "Division" substitute "List".



"34A.09 Entry of proceeding in Division and List

Every proceeding shall be entered in—

(a) a List of the Common Law Division; or

(b) a List of the Commercial Division.".

10 Mode of entry in list

(1) In the heading to Rule 34A.10 of the County Court Civil Procedure Rules 2008, for "list" substitute "Division and List".



5

r. 8

(2) In Rule 34A.10(1) of the County Court Civil Procedure Rules 2008, for "list or division of a list" substitute "Division and a List".

(3) In Rule 34A.10(2) of the County Court Civil Procedure Rules 2008, for "list or a division of a list" substitute "Division and a List".

(4) Rule 34A.10(3) of the County Court Civil Procedure Rules 2008 is revoked.



"34A.11 Transfer from one Division or List to another

The Court, including the Registrar, may by order transfer a proceeding from—

(a) a Division to another Division; or

(b) a List to another List, including to a List in another Division.".

12 Judges in charge and Other Judges

Rules 34A.12 and 34A.13 of the County Court Civil Procedure Rules 2008 are revoked.

13 Control of proceedings

(1) In Rule 34A.14(1)(a), (2) and (3) of the County Court Civil Procedure Rules 2008, for "a list or division of a list" substitute "a Division or List".

(2) In Rule 34A.14(1)(a) and (2) of the County Court Civil Procedure Rules 2008, for "list or the division" substitute "Division or the List".

(3) In Rule 34A.14(3) of the County Court Civil Procedure Rules 2008, for "the list or division" substitute "the Division or List".



6

r. 11

14 Application of Part 5

In Rule 34.18 of the County Court Civil Procedure Rules 2008, for "Damages and Compensation List or the Commercial List" substitute "Common Law Division or the Commercial Division".

15 Personal attendance of parties

In Rule 34A.23 of the County Court Civil Procedure Rules 2008, for "list or division of a list" substitute "Division or List".

16 Exemption from requirement that party seek direction of court to adduce expert evidence

For Rule 44.07(1)(a) to (d) of the County Court Civil Procedure Rules 2008 substitute—

"(a) the Common Law Division;

(b) any List of the Common Law Division specified in Rule 34A.04;

(c) the Commercial Division; or

(d) any List of the Commercial Division specified in Rule 34A.06.".

17 Filing confirmation notice

In Form 28 of the County Court Civil Procedure Rules 2008, for "List—" substitute "Division—".

Division 2—Arbitration consequential amendments

18 Reference to arbitration

(1) For Rule 50.08(3) of the County Court Civil Procedure Rules 2008 substitute—

"(3) The order shall specify either—

(a) that the provisions of the Commercial Arbitration Act 2011 shall apply, so far as practicable, to the arbitration; or



7

r. 14

(b) that the provisions of the International Arbitration Act 1974 of the Commonwealth shall apply, so far as practicable, to the arbitration—

and the order shall have effect accordingly.".

(2) In Rule 50.08(4) of the County Court Civil Procedure Rules 2008, for "Commercial Arbitration Act 1984" substitute "Commercial Arbitration Act 2011 or the International Arbitration Act 1974 of the Commonwealth, as the case requires".

Division 3—Civil appeals consequential amendments

19 Notice of Appeal


"Application for leave to appeal".

(2) Rule 64A.03(1) of the County Court Civil Procedure Rules 2008 is revoked.


(a) for "notice of appeal" substitute "application for leave to appeal";

(b) for "the notice" substitute "the application".

(4) Form 64AA of the County Court Civil Procedure Rules 2008 is revoked.



8

r. 19

Division 4—New costs bases consequential amendments to offers of compromise provisions

20 Definitions for Order 26

In Rule 26.01 of the County Court Civil Procedure Rules 2008 insert the following definition—

"ordinarily applicable basis means—

(a) in respect of costs incurred before 6 October 2014, party and party basis;

(b) in respect of costs incurred on or after 6 October 2014, standard basis.".

21 Costs consequences of failure to accept

In Rule 26.08(2)(b), (3)(a) and (b) and (4)(a) of the County Court Civil Procedure Rules 2008, for "a party and party basis" substitute "the ordinarily applicable basis".

22 Pre-litigation offers

In Rule 26.08.1(2) of the County Court Civil Procedure Rules 2008, for "a party and party basis" substitute "the ordinarily applicable basis".

23 Contributor parties

In Rule 26.10(2)(a) of the County Court Civil Procedure Rules 2008, for "a party and party basis" substitute "the ordinarily applicable basis".

Division 5—Other minor amendments

24 Definitions and application of Order 71

In Rule 71.01(1) of the County Court Civil Procedure Rules 2008, for the definition of co-operative substitute—

"co-operative has the same meaning as it has in the Co-operatives National Law (Victoria);".



9

r. 20

25 Definitions for Order 73

In Rule 73.01 of the County Court Civil Procedure Rules 2008, for the definition of corporation substitute—

"corporation includes a co-operative within the meaning of the Co-operatives National Law (Victoria);".

26 References to police updated

(1) For Rule 75.02(3)(b) and (c) of the County Court Civil Procedure Rules 2008 substitute—

"(b) a named police officer;

(c) all police officers;".

(2) For Rule 75.08(3)(b) and (c) of the County Court Civil Procedure Rules 2008 substitute—



(3) For Rule 75.08.1(1B)(b) and (c) of the County Court Civil Procedure Rules 2008 substitute—



(4) In Form 61N of the County Court Civil Procedure Rules 2008, for "members of the Police Force" substitute "police officers".

(5) In Forms 75A, 75B and 75BA of the County Court Civil Procedure Rules 2008—

(a) for "member of the police force" substitute "police officer";

(b) for "members of the police force" substitute "police officers".



10

r. 25

27 Statute law revision

(1) In Rule 27.05(1) of the County Court Civil Procedure Rules 2008, after "charge at" insert "the rate set out in".

(2) In Rule 29.09(6)(b) of the County Court Civil Procedure Rules 2008, for "at" substitute "in".

(3) In Form 11A of the County Court Civil Procedure Rules 2008, for "RULE 11.02" substitute "RULES 11.02, 11.15(4)".

(4) In Forms 61N and 61P of the County Court Civil Procedure Rules 2008, for "Act" substitute "Judgment Debt Recovery Act 1984".

__________________



11

r. 27

PART 3—CHAPTER II AMENDED

Division 1—Family provision amendments

28 Application by originating motion

(1) In Rule 13.03(2) of the County Court Miscellaneous Rules 20092, after "Wills Act 1997" insert "but before the commencement of Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014".

(2) After Rule 13.03(2) of the County Court Miscellaneous Rules 2009 insert—

"(3) If the application is for a family provision order in respect of the estate of a person who died on or after the commencement of Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014, the affidavit in support of the application shall, amongst other things, state the circumstances relied on to establish—

(a) that the person making the application, or on whose behalf the application is made, is an eligible person within the meaning of the Administration and Probate Act 1958;

(b) in the case of an eligible person referred to in paragraph (f) or (g) of the definition of eligible person in the Administration and Probate Act 1958, that, or the degree to which, the eligible person is not capable, by reasonable means, of providing adequately for the eligible person's proper maintenance and support;

(c) in the case of an eligible person referred to in paragraphs (h) to (k) of



12

r. 28

the definition of eligible person in the Administration and Probate Act 1958, that the eligible person was wholly or partly dependent on the deceased for the eligible person's proper maintenance and support;

(d) that, at the time of death, the deceased had a moral duty to provide for the eligible person's proper maintenance and support; and

(e) that the distribution of the deceased's estate fails to make adequate provision for the proper maintenance and support of the eligible person, whether by—

(i) the deceased's will (if any);

(ii) the operation of Division 6 of Part I of the Administration and Probate Act 1958; or

(iii) both the will and the operation of Division 6 of Part I of that Act.".

Division 2—Vexatious proceedings amendments

29 Application for leave to proceed under extended litigation restraint order

In Rule 18.03 of the County Court Miscellaneous Rules 2009—

(a) for "section 52" substitute "section 52(1)";

(b) in paragraph (a) omit "in the Court";

(c) in paragraph (b), for "any other case" substitute "the case of an application to commence a proceeding".



13

r. 29

30 Application for leave to proceed under general litigation restraint order

In Rule 18.04 of the County Court Miscellaneous Rules 2009—

(a) in paragraph (a) omit "in the Court";

(b) in paragraph (b), for "any other case" substitute "the case of an application to commence a proceeding".

31 Notice of applications

(1) In the heading to Rule 18.05 of the County Court Miscellaneous Rules 2009, for "applications" substitute "application for leave to proceed".

(2) In Rule 18.05(1) of the County Court Miscellaneous Rules 2009 omit "or 67(2)".

(3) In the note at the foot of Rule 18.05(2) of the County Court Miscellaneous Rules 2009 omit "and 67(4)".

32 Application for variation or revocation of litigation restraint order

In the heading to Rule 18.06 of the County Court Miscellaneous Rules 2009, after "Application" insert "for leave to apply".

33 New Rules 18.07 and 18.08 inserted

After Rule 18.06 of the County Court Miscellaneous Rules 2009 insert—

"18.07 Application to vary or revoke litigation restraint order

An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order to vary or revoke the order shall be in Form 2–18H.



14

r. 30

18.08 Notice of application to vary or revoke litigation restraint order

(1) Notice required to be given by a direction of the Court under section 67(2) of the Vexatious Proceedings Act 2014 shall be in Form 2–18I.

(2) The notice shall be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.Note

Further requirements are stated in section 67(4) of the Vexatious Proceedings Act 2014.".

34 Minor amendments to Forms 2–18A to 2–18G

(1) In Form 2–18A of the County Court Miscellaneous Rules 2009, for "the proceeding to which the order relates" substitute "this proceeding".

(2) In Form 2–18B of the County Court Miscellaneous Rules 2009—

(a) for "52" (where twice occurring) substitute "52(1)";

(b) for "a proceeding to which the order relates." substitute "*this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding]";

(c) for "that the proceeding" substitute "that *this proceeding/*the proceeding";

(d) for "1. leave to continue this proceeding;" substitute "1. leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];".



15

r. 34

(3) In Form 2–18C of the County Court Miscellaneous Rules 2009—

(a) for "SUPREME COURT" substitute "COUNTY COURT";

(b) for "52" (where twice occurring) substitute "52(1)";

(c) for "proceeding to which the order relates" substitute "proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order";

(d) for "proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding" substitute "proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding";

(e) for "details of proceeding" substitute "details of proposed proceeding";

(f) for "(c) for" substitute "*(c) for".

(4) In Form 2–18D of the County Court Miscellaneous Rules 2009—

(a) for "a proceeding to which the order relates" substitute "*this proceeding/*a proceeding, namely [identify relevant proceeding]";

(b) for "that the proceeding" substitute "that *this proceeding/*the proceeding";

(c) for "1. leave to continue this proceeding;" substitute "1. leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];".

(5) In Form 2–18E of the County Court Miscellaneous Rules 2009—

(a) omit "to which the order relates";



16

r. 34

(b) for "proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding" substitute "proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding";

(c) for "details of proceeding" substitute "details of proposed proceeding";

(d) for "(c) for" substitute "*(c) for".

(6) In Form 2–18F of the County Court Miscellaneous Rules 2009—

(a) for "in form used in application" substitute "used in application for leave to proceed";

(b) after "NOTICE OF APPLICATION" insert "FOR LEAVE TO PROCEED";

(c) for "*60/*67" substitute "60";

(d) for "the [describe party]" substitute "[name] of [address], a person subject to a litigation restraint order,";

(e) for "*60(2)/*67(2)" substitute "60(2)".

(7) In Form 2–18G of the County Court Miscellaneous Rules 2009—

(a) after "LEAVE" insert "TO APPLY";

(b) after "leave to" insert "apply to";

(c) for "In accordance with section 69 of that Act, I contend that it is in the interests of justice" substitute "I contend that leave to apply should be given";

(d) after "seeks" insert "leave to apply for";

(e) for "the variation" substitute "variation";



17

r. 34

(f) for "the revocation of the *limited litigation restraint order/*extended litigation restraint order [specify details of litigation restraint order sought to be revoked]" substitute "revocation of the order";

(g) for "(c) for" substitute "*(c) for".

35 New Forms 2–18H and 2–18I inserted

After Form 2–18G of the County Court Miscellaneous Rules 2009 insert—

"FORM 2–18H

Rule 18.07

[heading as in originating process]

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

*1. variation of the order in the following manner [specify variation of order sought];

*1. revocation of the order;

2. [set out any other orders sought].

FILED [insert date].

This application was filed—

*(a) by the applicant in person.



18

r. 35

*(b) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

__________________



19

r. 35

FORM 2–18I

Rule 18.08

[heading as used in application for leave to vary or revoke litigation restraint order]

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 67 of the Vexatious Proceedings Act 2014)

TO:

(a) the Attorney-General;

(b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.

This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.

You are entitled to make submissions in relation to the application for *variation/*revocation.

Date:

Any Questions? If you have any questions, please contact the Registrar's Office at the County Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

__________________".



20

r. 35

Division 3—Minor amendments


In Forms 2–10B and 2–10L of the County Court Miscellaneous Rules 2009, for "member of the police force" substitute "police officer".


(1) In the heading to Rule 2.06 of the County Court Miscellaneous Rules 2009, for "he or she" substitute "practitioner".

(2) In Rule 2.06(1)(a) of the County Court Miscellaneous Rules 2009, for "he or she" substitute "the practitioner".

(3) In Rule 5.04 of the County Court Miscellaneous Rules 2009, for "him or her" substitute "the Registrar".

(4) In Rule 5.05(b)(i) of the County Court Miscellaneous Rules 2009, for "him or her" (where twice occurring) substitute "the Registrar".

(5) In Rule 10.08(1)(d) of the County Court Miscellaneous Rules 2009, for "2–10A" substitute "2–10FA".

(6) In Rule 13.09 of the County Court Miscellaneous Rules 2009, for "his or her" substitute "the deceased's".

(7) In Form 2–10C of the County Court Miscellaneous Rules 2009, for "10.06(3)(a)" substitute "10.06(3)".

(8) In Form 2–10FA of the County Court Miscellaneous Rules 2009, for "10.08(1)(f)" substitute "10.08(1)(d)".

__________________



21

r. 36

PART 4—CHAPTER III AMENDED

Division 1—Mental impairment and unfitness to be tried amendments

38 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

In Rule 4.03.1 of the County Court Criminal Procedure Rules 20093, after "section" insert "38ZAA(1),".

39 Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court

In Form 4BA of the County Court Criminal Procedure Rules 2009, for "section 38ZF" substitute "section *38ZAA(1)/*38ZF(1)".

Division 2—Other minor amendments


(1) In Rules 3.02(3)(c), 4.02(2)(c) and 5.08(1) of the County Court Criminal Procedure Rules 2009, for "member of the police force" substitute "police officer".

(2) In Form 1D of the County Court Criminal Procedure Rules 2009, for "member of the police" (where four times occurring) substitute "police officer".

(3) In Form 2C of the County Court Criminal Procedure Rules 2009, for "members of the police force" substitute "police officers".

(4) In Form 5D of the County Court Criminal Procedure Rules 2009, for "members of the Police Force in Victoria" substitute "police officers".



22

r. 38

(5) In Form 5G of the County Court Criminal Procedure Rules 2009, for "members of the Police Force of the State of Victoria" substitute "police officers".

(6) In Form 6B of the County Court Criminal Procedure Rules 2009—

(a) for "member of the police force" substitute "police officer";

(b) for "members of the police force" substitute "police officers".

41 Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary

In Form 8B of the County Court Criminal Procedure Rules 2009 omit "[Signature of Registrar/Deputy Registrar]".


(1) In Rule 1.05 of the County Court Criminal Procedure Rules 2009, in the definition of person in default, for "50(6)" substitute "55(1)".

(2) In the heading to Rule 1.07 of the County Court Criminal Procedure Rules 2009, for "he or she" substitute "legal practitioner".

(3) In Rule 2.10(2) of the County Court Criminal Procedure Rules 2009, for "he or she" substitute "the accused".

(4) In Forms 2B and 2C of the County Court Criminal Procedure Rules 2009 omit " Male Female".



23

r. 41

Dated: 22 December 2014

M. ROZENES, Chief Judge C. M. O'NEILL

M. G. McINERNEY D. L. ALLEN

C. D. DOUGLAS P. WISCHUSEN

G. R. ANDERSON P. LACAVA

S. M. COHEN P. M. TAFT

M. E. SEXTON F. SACCARDO

F. E. HOGAN M. A. GAMBLE

I. E. LAWSON H. T. MASON

E. M. GAYNOR G. P. MULLALY

P. J. COISH K. E. KINGS

J. A. CAMPTON J. L. PARRISH

W. A. WILMOTH M. H. TINNEY

F. MILLANE G. T. CANNON

S. DAVIS M. DEAN

F. P. HAMPEL J. F. CARMODY

J. G. MORRISH R. J. H. MAIDMENT

P. D. GRANT R. H. SMITH

D. PARSONS M. F. MACNAMARA

S. E. PULLEN D. BROOKES

A. J. HOWARD P. J. COSGRAVE

L. A. HANNAN G. F. MEREDITH

M. D. MURPHY R. W. DYER

M. E. KENNEDY═══════════════



24

r. 42

ENDNOTES

EndnotesPart 4—Chapter III Amended


25

1 Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013. Subsequently amended by S.R. Nos 100/2014 and 150/2014.

2 Rule 28: S.R. No. 56/2009 as amended by S.R. Nos 183/2009, 185/2009, 104/2012, 166/2013 and 177/2014.3 Rule 38: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently

amended by S.R. Nos 14/2014, 100/2014 and 178/2014.

county court (miscellaneous amendments) rules 2014file/14-210sr.docx · web viewcounty court...

Documents