County Court (Miscellaneous Amendments) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Objects 1 2 Authorising provisions 2 3 Commencement 2 PART 2—CHAPTER I AMENDED 3 Division 1—Alteration of list and division arrangements 3 4 Rule 34A.02 substituted 3 34A.02 Court Divisions 3 5 Damages and Compensation List 3 6 Divisions of Damages and Compensation List 3 7 Commercial List 4 8 Divisions of Commercial List 5 9 Rule 34A.09 substituted 5 34A.09 Entry of proceeding in Division and List 5 10 Mode of entry in list 5 11 Rule 34A.11 substituted 6 34A.11 Transfer from one Division or List to another 6 12 Judges in charge and Other Judges 6 13 Control of proceedings 6 14 Application of Part 5 7 15 Personal attendance of parties 7 16 Exemption from requirement that party seek direction of court to adduce expert evidence 7 17 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 of 28 -- Rule Page ii Authorised by the Chief Parliamentary Counsel Division 4—New costs bases consequential amendments to offers of compromise provisions 9 20 Definitions for Order 26 9 21 Costs consequences of failure to accept 9 22 Pre-litigation offers 9 23 Contributor parties 9 Division 5—Other minor amendments 9 24 Definitions and application of Order 71 9 25 Definitions for Order 73 10 26 References to police updated 10 27 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 14 32 Application for variation or revocation of litigation restraint order 14 33 New Rules 18.07 and 18.08 inserted 14 18.07 Application to vary or revoke litigation restraint order 14 18.08 Notice of application to vary or revoke litigation restraint order 15 34 Minor amendments to Forms 2–18A to 2–18G 15 35 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 21 37 Statute law revision 21 -- 2 of 28 -- Rule Page iii Authorised by the Chief Parliamentary Counsel 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 22 41 Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary 23 42 Statute law revision 23 ═══════════════ ENDNOTES 25 -- 3 of 28 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 -- 4 of 28 -- Part 1—Preliminary County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 2 (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. __________________ r. 2 -- 5 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 3 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 (1) For the heading to Rule 34A.04 of the County Court Civil Procedure Rules 2008 substitute— "Lists of Common Law Division". r. 4 -- 6 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 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". r. 7 -- 7 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 5 (2) In Rule 34A.05 of the County Court Civil Procedure Rules 2008, for "List" substitute "Division". 8 Divisions of Commercial List (1) For the heading to Rule 34A.06 of the County Court Civil Procedure Rules 2008 substitute— "Lists of Commercial Division". (2) In Rule 34A.06(1) of the County Court Civil Procedure Rules 2008— (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". 9 Rule 34A.09 substituted For Rule 34A.09 of the County Court Civil Procedure Rules 2008 substitute— "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". r. 8 -- 8 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 6 (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. 11 Rule 34A.11 substituted For Rule 34A.11 of the County Court Civil Procedure Rules 2008 substitute— "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". r. 11 -- 9 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 7 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 r. 14 -- 10 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 8 (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 (1) For the heading to Rule 64A.03 of the County Court Civil Procedure Rules 2008 substitute— "Application for leave to appeal". (2) Rule 64A.03(1) of the County Court Civil Procedure Rules 2008 is revoked. (3) In Rule 64A.03(2) of the County Court Civil Procedure Rules 2008— (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. r. 19 -- 11 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 9 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);". r. 20 -- 12 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 10 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— "(b) a named police officer; (c) all police officers;". (3) For Rule 75.08.1(1B)(b) and (c) of the County Court Civil Procedure Rules 2008 substitute— "(b) a named police officer; (c) all police officers;". (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". r. 25 -- 13 of 28 -- Part 2—Chapter I Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 11 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". __________________ r. 27 -- 14 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 12 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 the definition of eligible person in the r. 28 -- 15 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 13 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". r. 29 -- 16 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 14 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. r. 30 -- 17 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 15 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];". r. 34 -- 18 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 16 (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"; r. 34 -- 19 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 17 (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"; r. 34 -- 20 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 18 (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. r. 35 -- 21 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 19 *(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 __________________ r. 35 -- 22 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 20 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 __________________". r. 35 -- 23 of 28 -- Part 3—Chapter II Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 21 Division 3—Minor amendments 36 References to police updated In Forms 2–10B and 2–10L of the County Court Miscellaneous Rules 2009, for "member of the police force" substitute "police officer". 37 Statute law revision (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)". __________________ r. 36 -- 24 of 28 -- Part 4—Chapter III Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 22 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 40 References to police updated (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". r. 38 -- 25 of 28 -- Part 4—Chapter III Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 23 (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]". 42 Statute law revision (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". r. 41 -- 26 of 28 -- Part 4—Chapter III Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 24 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 ═══════════════ r. 42 -- 27 of 28 -- Part 4—Chapter III Amended County Court (Miscellaneous Amendments) Rules 2014 S.R. No. 210/2014 Authorised by the Chief Parliamentary Counsel 25 ENDNOTES 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. Endnotes -- 28 of 28 --