County Court (Chapters I and III Miscellaneous Amendments) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Objects 1 2 Authorising provisions 1 3 Commencement 1 PART 2—CHAPTER I AMENDED 2 4 Motor car or accidental death or bodily injury 2 5 Notice for discovery 2 6 New Order 82 inserted 2 ORDER 82 3 PROCEDURE UNDER THE OPEN COURTS ACT 2013 3 82.01 Definitions 3 82.02 Notice of application for suppression order 3 7 New Form 82A inserted 4 Form 82A—Notice of Application for Suppression Order 4 PART 3—CHAPTER III AMENDED 5 8 New Order 9 inserted 5 ORDER 9 5 PROCEDURE UNDER THE OPEN COURTS ACT 2013 5 9.01 Definitions 5 9.02 Notice of application for suppression order 5 9 New Form 9A inserted 6 Form 9A—Notice of Application for Suppression Order 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 100/2014 County Court Act 1958 Open Courts Act 2013 County Court (Chapters I and III 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 County Court as a consequence of the commencement of the Workplace Injury Rehabilitation and Compensation Act 2013; and (b) to amend Chapters I and III of the Rules of County Court to make provision in relation to suppression orders under the Open Courts Act 2013. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958, the Open Courts Act 2013 and all other enabling powers. 3 Commencement These Rules come into operation on 1 August 2014. __________________ -- 2 of 9 -- Part 2—Chapter I Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 2 PART 2—CHAPTER I AMENDED 4 Motor car or accidental death or bodily injury In Rule 6.05(2) and (3) of the County Court Civil Procedure Rules 20081 , for "Accident Compensation Commission" substitute "Victorian WorkCover Authority". 5 Notice for discovery In Rule 29.02(4) of the County Court Civil Procedure Rules 2008— (a) in paragraph (b), for "1985." substitute "1985; or"; (b) after paragraph (b) insert— "(c) a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013.". 6 New Order 82 inserted After Order 79 of the County Court Civil Procedure Rules 2008 insert— "ORDER 80 * * * * * Note There is no Order 80. __________________ ORDER 81 * * * * * Note There is no Order 81. __________________ r. 4 -- 3 of 9 -- Part 2—Chapter I Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 3 ORDER 82 PROCEDURE UNDER THE OPEN COURTS ACT 2013 82.01 Definitions (1) In this Order— the Act means the Open Courts Act 2013. (2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act. 82.02 Notice of application for suppression order (1) A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply— (a) must be generally in accordance with Form 82A; and (b) for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected]. gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule. (2) A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email. __________________". r. 6 -- 4 of 9 -- Part 2—Chapter I Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 4 7 New Form 82A inserted After Form 75C of the County Court Civil Procedure Rules 2008 insert— "FORM 82A Rule 82.02 NOTICE OF APPLICATION FOR SUPPRESSION ORDER [heading as in originating process] To: The County Court of Victoria at [appropriate email address] And to: [identify other proposed recipients of the notice] [Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding. *The application is the subject of a summons filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date]. OR *The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date]. The application is for an order in the following terms: [Set out the proposed wording of the order to be sought] The applicant proposes to rely upon [insert brief description of material to be relied upon] For further information, please contact: [Name of applicant or applicant's representative for enquiries] Tel: [insert number] Mobile No.: [insert number] Email: *delete whichever is inapplicable. __________________". __________________ r. 7 -- 5 of 9 -- Part 3—Chapter III Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 5 PART 3—CHAPTER III AMENDED 8 New Order 9 inserted After Order 8 of the County Court Criminal Procedure Rules 20092 insert— "ORDER 9 PROCEDURE UNDER THE OPEN COURTS ACT 2013 9.01 Definitions (1) In this Order— the Act means the Open Courts Act 2013. (2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act. 9.02 Notice of application for suppression order (1) A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply— (a) must be generally in accordance with Form 9A; and (b) for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected]. gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule. r. 8 -- 6 of 9 -- Part 3—Chapter III Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 6 (2) A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email. __________________". 9 New Form 9A inserted After Form 8B of the County Court Criminal Procedure Rules 2009 insert— "__________________ FORM 9A Rule 9.02 IN THE COUNTY COURT OF VICTORIA AT IN THE MATTER OF: NOTICE OF APPLICATION FOR SUPPRESSION ORDER To: The County Court of Victoria at [appropriate email address] And to: [identify other proposed recipients of the notice] [Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding. *The application is the subject of an application filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date]. OR *The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date]. The application is for an order in the following terms: [Set out the proposed wording of the order to be sought]. The applicant proposes to rely upon [insert brief description of material to be relied upon] For further information, please contact: [Name of applicant or applicant's representative for enquiries] Tel: [insert number] r. 9 -- 7 of 9 -- Part 3—Chapter III Amended County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 7 Mobile No.: [insert number] Email: *delete whichever is inapplicable.". Dated: 10 July 2014 M. ROZENES, Chief Judge P. M. E. WISCHUSEN M. G. McINERNEY P. G. LACAVA G. R. ANDERSON P. M. TAFT G. G. HICKS M. GAMBLE S. M. COHEN H. MASON M. E. SEXTON G. P. MULLALY F. E. HOGAN K. E. KINGS E. M. GAYNOR M. H. TINNEY W. A. WILMOTH G. T. CANNON G. T. CHETTLE M. E. DEAN F. P. HAMPEL R. H. SMITH S. S. DAVIS R. J. H. MAIDMENT J. G. MORRISH M. F. MACNAMARA P. D. GRANT W. E. STUART D. A. PARSONS J. A. JORDAN S. E. PULLEN C. J. RYAN C. M. O'NEILL P. J. COSGRAVE P. G. MISSO G. F. MEREDITH K. L. BOURKE R. W. DYER J. M. J. PATRICK ═══════════════ r. 9 -- 8 of 9 -- County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 S.R. No. 100/2014 Authorised by the Chief Parliamentary Counsel 8 ENDNOTES 1 Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013. 2 Rule 8: 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. No. 14/2014. Endnotes -- 9 of 9 --