Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 2 Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013 2 4 Commencement of proceedings 2 5 Notice for discovery 2 6 When interrogatories allowed 2 7 Application 2 8 Service of reports by plaintiff 2 9 Appendix A 3 10 Appendix C 3 Division 2—Miscellaneous amendments 3 11 Commencement of proceeding for order under Trans-Tasman Proceedings Act 3 12 Registrar refusing to accept documents 3 13 Referral of proceeding or part of a proceeding to mediation 4 14 Examination of judgment debtor 4 15 Issue of warrant 4 16 Amendment of Form 68A 5 17 Appendix B revoked 5 -- 1 of 12 -- Rule Page ii Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010 6 Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013 6 18 Heading to Order 6 6 19 Definitions 6 20 Request for referral of a medical question to a Medical Panel— Form 6C 7 21 Application for revocation of direction of Conciliation Officer 8 22 Form 6C 8 23 Form 6D 9 Division 2—Miscellaneous amendment 9 24 Fees 9 ═══════════════ ENDNOTES 10 -- 2 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 70/2014 Magistrates' Court Act 1989 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 and the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010— (a) as a consequence of the enactment of the Workplace Injury Rehabilitation and Compensation Act 2013; and (b) to make other miscellaneous amendments. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 1 July 2014. __________________ -- 3 of 12 -- Part 2—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 2 PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013 4 Commencement of proceedings In Rule 4.04(1A) of the Magistrates' Court General Civil Procedure Rules 20101 , for "or the Accident Compensation Act 1985" substitute ", the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013". 5 Notice for discovery Before Rule 29.02(3)(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert— "(aa) a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013;". 6 When interrogatories allowed Before Rule 30.02(2)(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert— "(aa) a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013;". 7 Application Before Rule 33.01(a) of the Magistrates' Court General Civil Procedure Rules 2010 insert— "(aa) under the Workplace Injury Rehabilitation and Compensation Act 2013; and". 8 Service of reports by plaintiff In Rule 33.07(2)(a) of the Magistrates' Court General Civil Procedure Rules 2010, after "under" insert "the Workplace Injury Rehabilitation and Compensation Act 2013,". r. 4 -- 4 of 12 -- Part 2—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 3 9 Appendix A (1) After item 29A of Appendix A to the Magistrates' Court General Civil Procedure Rules 2010 insert— "29B To draw or settle any necessary medical panel referral documents including medical questions, section 304 statements, lists of documents and submissions pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 etc.". (2) After item 29A in Table 1 of Appendix A to the Magistrates' Court General Civil Procedure Rules 2010 insert— "29B. 92 169 230 256 343 410 476". 10 Appendix C In the heading to Appendix C to the Magistrates' Court General Civil Procedure Rules 2010, after "1985" insert "OR WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013". Division 2—Miscellaneous amendments 11 Commencement of proceeding for order under Trans-Tasman Proceedings Act In Rule 7A.03 of the Magistrates' Court General Civil Procedure Rules 2010, for "in accordance with Order 5" substitute "in— (a) the manner required by Order 4; and (b) the form required by Order 5". 12 Registrar refusing to accept documents In Rule 27.06(1) of the Magistrates' Court General Civil Procedure Rules 2010, for "form of" substitute "form or". r. 9 -- 5 of 12 -- Part 2—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 4 13 Referral of proceeding or part of a proceeding to mediation (1) In Rule 50.04 of the Magistrates' Court General Civil Procedure Rules 2010, for "A magistrate" substitute "Subject to this Rule, the Court constituted by a magistrate". (2) At the end of Rule 50.04 of the Magistrates' Court General Civil Procedure Rules 2010 insert— "(2) In referring a proceeding under paragraph (1), the Court constituted by a magistrate or a registrar, by order, may dispense with compliance with Rule 50.06(1)(a) if the Court is satisfied that exceptional circumstances exist. (3) For the avoidance of doubt, Rule 50.06(1)(a) does not apply to a party in respect of whom an order under paragraph (2) applies. (4) The Court that is constituted by a registrar that makes an order under paragraph (2) must refer the proceeding or part of the proceeding to which the order relates to an acceptable mediator who is not that registrar.". 14 Examination of judgment debtor For Rule 67.01(4) of the Magistrates' Court General Civil Procedure Rules 2010 substitute— "(4) The person must be examined on oath or affirmation.". 15 Issue of warrant (1) In Rule 68.04(1)(a) of the Magistrates' Court General Civil Procedure Rules 2010, for "produces to a" substitute "files with the". r. 13 -- 6 of 12 -- Part 2—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 5 (2) After Rule 68.04(1)(b)(iv) of the Magistrates' Court General Civil Procedure Rules 2010 insert— "(iva) the name of the court or tribunal that made the order and, in the case where the order was made by a court (other than the Court) or by a tribunal, the date the order was registered in the Court; and". 16 Amendment of Form 68A (1) In Form 68A of the Magistrates' Court General Civil Procedure Rules 2010 for— "[name] of [address] was ordered to pay money in the above matter on [date] by the Magistrates' Court at [venue]." substitute— "[name] of [address] was ordered to pay money in the above matter *on [date] by the Magistrates' Court at [venue] *on [date] by [name of court or tribunal] by order which was registered with this Court on [date]". (2) At the end of Form 68A of the Magistrates' Court General Civil Procedure Rules 2010 insert— "*Delete if inapplicable". 17 Appendix B revoked Appendix B of the Magistrates' Court General Civil Procedure Rules 2010 is revoked. __________________ r. 16 -- 7 of 12 -- Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 6 PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010 Division 1—Amendments relating to the Workplace Injury Rehabilitation and Compensation Act 2013 18 Heading to Order 6 In the heading to Order 6 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 20102 , for "AND THE ACCIDENT COMPENSATION ACT 1985" substitute ", THE ACCIDENT COMPENSATION ACT 1985 AND THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013". 19 Definitions (1) For the heading to Rule 6.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 substitute— "Definitions". (2) In Rule 6.01 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010— (a) in the definition of Authority, after "1985" insert "and continued in existence under section 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013"; (b) in the definition of Conciliation Officer, after "1985" insert "or a person appointed under section 523 of the Workplace Injury Rehabilitation and Compensation Act 2013"; r. 18 -- 8 of 12 -- Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 7 (c) for the definition of employer substitute— "employer, in a proceeding under— (a) the Workplace Injury Rehabilitation and Compensation Act 2013, has the same meaning as in section 3 of that Act; (b) the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act; (c) the Workers Compensation Act 1958, has the same meaning as in section 3(1) of that Act;"; (d) in the definition of Medical Panel, after "1985" insert "or the Workplace Injury Rehabilitation and Compensation Act 2013"; (e) for the definition of medical question substitute— "medical question, in a proceeding under— (a) the Workplace Injury Rehabilitation and Compensation Act 2013, has the same meaning as in section 3 of that Act; (b) the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act;"; (f) the definition of plaintiff is revoked. 20 Request for referral of a medical question to a Medical Panel—Form 6C In Rule 6.04(1) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, after "1985" insert "or section 304 of the r. 20 -- 9 of 12 -- Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 8 Workplace Injury Rehabilitation and Compensation Act 2013". 21 Application for revocation of direction of Conciliation Officer At the end of Rule 6.05 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert— "(2) An application under section 299(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 for the revocation of a direction given by a Conciliation Officer pursuant to Division 2 of Part 6 of that Act must be— (a) in Form 6D with such modification as is necessary; and (b) accompanied by an affadavit in support of the application.". 22 Form 6C (1) In the heading to Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "1985" substitute "1985*/ SECTION 304 OF THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013*". (2) In Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "Act 1985" substitute "Act 1985*/ Workplace Injury Rehabilitation and Compensation Act 2013*". (3) At the end of Form 6C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 insert— "*Delete if inapplicable". r. 21 -- 10 of 12 -- Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 9 23 Form 6D In Form 6D of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "RULE 6.05(a)" substitute "RULE 6.05(1)(a) or (2)(a)". Division 2—Miscellaneous amendment 24 Fees In Rule 3.05(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, for "Order 10" substitute "Rule 10.05". Dated: 18 June 2014 P. LAURITSEN, Chief Magistrate J. POPOVIC, Deputy Chief Magistrate L. MARTIN, Deputy Chief Magistrate ═══════════════ r. 23 -- 11 of 12 -- Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 S.R. No. 70/2014 Authorised by the Chief Parliamentary Counsel 10 ENDNOTES 1 Rule 4: S.R. No. 140/2010. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 89/2013. Subsequently amended by S.R. Nos 155/2013, 178/2013 and 11/2014. 2 Rule 18: S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012, 158/2012 and 11/2014. Endnotes -- 12 of 12 --