Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

Authorised Version Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 S.R. No. 11/2015 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 How ordinary service effected 1 6 Costs consequences of failure to comply 2 7 Order on application 2 8 Service 2 9 Notice of appeal 2 10 Directions 2 11 Contempt in face of the Court 2 12 Arrest of respondent 3 13 Arrest pending contempt hearing 3 14 Forms amended 3 ═══════════════ ENDNOTES 6 Authorised by the Chief Parliamentary Counsel i -- 1 of 7 -- Authorised Version STATUTORY RULES 2015 S.R. No. 11/2015 Supreme Court Act 1986 Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to make miscellaneous amendments to Chapter I of the Rules of the Supreme Court. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 1 March 2015. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 How ordinary service effected At the foot of Rule 6.07(1) of the Principal Rules insert the following note— "Note The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.". 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No. 11/2015 6 Costs consequences of failure to accept In Rule 26.08(7) of the Principal Rules, for "and (3)" substitute ", (3) and (4)". 7 Order on application In Rule 57.03(5) of the Principal Rules for "member of the police force" substitute "police officer". 8 Service In Rule 57.05 of the Principal Rules for "member of the police force" substitute "police officer". 9 Notice of appeal For Rule 58.35(1)(b)(iii) and (iv) of the Principal Rules substitute— "(iii) where applicable, the question of law upon which the appeal is brought and concisely the grounds of appeal; (iv) where section 87A of the Coroners Act 2008 applies, the grounds relied on to satisfy the Court that it is necessary or desirable in the interests of justice that the appeal be allowed;". 10 Directions In Rule 58.39(8)(a) of the Principal Rules, before "the notice" insert "where applicable,". 11 Contempt in face of the Court In Rule 75.02(3) of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". r. 6 Authorised by the Chief Parliamentary Counsel 2 -- 3 of 7 -- Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 S.R. No. 11/2015 12 Arrest of respondent In Rule 75.08(3) of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". 13 Arrest pending contempt hearing In Rule 75.08.1(1.2) of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". 14 Forms amended (1) In Form 61N of the Principal Rules for "members of the Police Force" substitute "police officers". (2) In Form 64A of the Principal Rules, for "64.06(6)" substitute "64.06(5)". (3) In Form 64A of the Principal Rules, for the words and expressions commencing "Please note" and ending "time of filing." substitute— "[Note to party completing this Form: Under the Rules, a written case is required to be filed with this notice and other documents may also be required to be filed in accordance with any applicable practice direction.]". (4) In Form 64C of the Principal Rules, for "64.06(6)" substitute "64.06(5)". r. 12 Authorised by the Chief Parliamentary Counsel 3 -- 4 of 7 -- Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 S.R. No. 11/2015 (5) In Form 75A of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". (6) In Form 75B of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". (7) In Form 75BA of the Principal Rules— (a) for "member of the police force" substitute "police officer"; (b) for "members of the police force" substitute "police officers". Dated: 26 February 2015 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PAMELA TATE, J.A. SIMON P. WHELAN, J.A. PHILLIP PRIEST, J.A. J. G. SANTAMARIA, J.A. DAVID F. R. BEACH, J.A. EMILIOS KYROU, J.A. ANNE FERGUSON, J.A. STEPHEN KAYE, J.A. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. ROSS ROBSON, J. r. 14 Authorised by the Chief Parliamentary Counsel 4 -- 5 of 7 -- Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 S.R. No. 11/2015 JACK FORREST, J. JAMES JUDD, J. PETER VICKERY, J. KARIN EMERTON, J. CLYDE CROFT, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. KATE McMILLAN, J. GREG GARDE, J. JAMES D. ELLIOTT, J. T. J. GINNANE, J. MELANIE SLOSS, J. M. J. CROUCHER, J. JOANNE CAMERON, J. MICHAEL McDONALD, J. RITA ZAMMIT, J. ═══════════════ r. 14 Authorised by the Chief Parliamentary Counsel 5 -- 6 of 7 -- Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 S.R. No. 11/2015 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013. Reprinted to S.R. No. 119/2013 and subsequently amended by S.R. Nos 146/2013, 147/2013, 148/2013, 48/2014, 204/2014, 205/2014, 206/2014 and 209/2014. Endnotes Authorised by the Chief Parliamentary Counsel 6 -- 7 of 7 --