County Court (Chapter II Arbitration and Other Amendments) Rules 2015

Authorised Version County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 TABLE OF PROVISIONS Rule Page 1 Objects 1 2 Authorising provisions 1 3 Commencement 1 4 Order 7 substituted 2 5 New Forms 2–11AA and 2–11AB inserted 2 6 Statute law revision 5 ═══════════════ Endnotes 6 Authorised by the Chief Parliamentary Counsel i -- 1 of 7 -- Authorised Version STATUTORY RULES 2015 S.R. No. 35/2015 County Court Act 1958 County Court (Chapter II Arbitration and Other Amendments) Rules 2015 A majority of the Judges of the County Court makes the following Rules: 1 Objects The objects of these Rules are— (a) to substitute Order 7 of Chapter II of the Rules of the County Court, applying Order 9 of Chapter II of the Rules of the Supreme Court to provide for harmonised procedures for the purposes of proceedings under the Commercial Arbitration Act 2011 and the International Arbitration Act 1974 of the Commonwealth; and (b) to insert two Forms into Chapter II of the Rules of the County Court in relation to Order 11A of that Chapter. 2 Authorising provisions 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 18 May 2015. Authorised by the Chief Parliamentary Counsel 1 -- 2 of 7 -- County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 4 Order 7 substituted For Order 7 of the County Court Miscellaneous Rules 20091 substitute— "ORDER 7 ARBITRATION RULES 7.01 Order 9 of Chapter II of Rules of the Supreme Court applies Order 9 of Chapter II of the Rules of the Supreme Court applies with any necessary modification to any proceeding in the Court under, and to the extent to which the Court has jurisdiction under, the following— (a) the International Arbitration Act 1974 of the Commonwealth; (b) the Commercial Arbitration Act 2011.". 5 New Forms 2–11AA and 2–11AB inserted After Form 2–10P of the County Court Miscellaneous Rules 2009 insert— "Rule 11A.03 FORM 2–11AA NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 IN THE COUNTY COURT AT The Queen v. [name of accused] PARTICULARS OF APPLICATION Authorised by the Chief Parliamentary Counsel 2 -- 3 of 7 -- County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it. Type of hearing—[insert details]. Date of hearing—[insert details]. The grounds on which this application is made are—[set out grounds]. Date: [Signature] __________________ Authorised by the Chief Parliamentary Counsel 3 -- 4 of 7 -- County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 Rules 11A.04, 11A.05 and 11A.06 FORM 2–11AB NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 IN THE COUNTY COURT AT The Queen v. [name of accused] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link. 1. Type of hearing—[insert details]. 2. Date of hearing—[insert details]. 3. The grounds on which this application is made are—[set out grounds]. 4. Is this application being made with the consent of the parties to the proceeding?— 5. If the answer to question 4 is No, what parties have not given consent?— 6. If the accused is in custody, do facilities exist for an audio visual link?— Date: [Signature] PART 2—PARTICULARS OF HEARING [to be completed by the Registrar] The application will be heard before the Judge in the Court, County Court, [venue], on [date] at [time] *a.m./p.m. or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June, 20 ]. * Delete if not applicable. __________________". Authorised by the Chief Parliamentary Counsel 4 -- 5 of 7 -- County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 6 Statute law revision Rule 10 of the County Court (Evidence Amendments) Rules 20092 is revoked. Dated: 13 May 2015 M. G. McINERNEY K. L. BOURKE C. D. DOUGLAS J. M. J. PATRICK G. R. ANDERSON P. M. E. WISCHUSEN J. A. SMALLWOOD P. G. LACAVA S. M. COHEN F. R. GUCCIARDO F. E. HOGAN F. SACCARDO I. E. LAWSON M. GAMBLE E. M. GAYNOR H. MASON P. J. COISH G. P. MULLALY W. A. WILMOTH K. E. KINGS S. S. DAVIS J. D. MONTGOMERY F. P. HAMPEL J. L. PARRISH P. D. GRANT M. H. TINNEY D. A. PARSONS G. T. CANNON S. E. PULLEN R. J. H. MAIDMENT A. J. HOWARD M. F. MACNAMARA L. A. HANNAN D. G. BROOKES M. D. MURPHY J. A. JORDAN M. E. KENNEDY P. J. COSGRAVE P. G. MISSO ═══════════════ Authorised by the Chief Parliamentary Counsel 5 -- 6 of 7 -- Endnotes County Court (Chapter II Arbitration and Other Amendments) Rules 2015 S.R. No. 35/2015 Endnotes 1 Rule 4: S.R. No. 56/2009 as amended by S.R. Nos 183/2009, 185/2009, 104/2012, 166/2013, 177/2014 and 210/2014. 2 Rule 6: S.R. No. 185/2009. Authorised by the Chief Parliamentary Counsel 6 -- 7 of 7 --