County Court (Chapter 1 Amendment No.6) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter I Amendment No. 6) Rules 2013 S.R. No. 36/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 5 Heading to Part 2 of Order 4 amended 2 6 New Rule 4.09.1 inserted 2 4.09.1 Certification of prior overarching obligations certification 2 7 Rule 4.10 substituted 2 4.10 Proper basis certification 2 8 For what claims 3 9 Contempt in the face of the Court 3 10 Rule 75.08 substituted 4 75.08 Arrest of respondent 4 11 Arrest pending contempt hearing 5 12 Warrant for arrest 5 13 Overarching obligations certification 5 14 New Form 4AB inserted 6 Form 4AB—Certification of Prior Overarching Obligations Certification 6 15 Form 4B substituted 6 Form 4B—Proper Basis Certification 6 16 Forms 75A, 75AA and 75B substituted 7 Form 75A—Arrest Warrant in Summary Proceedings for Contempt in Face of County Court 7 Form 75B—Arrest Warrant in Contempt Proceedings by Summons or Originating Motion 8 Form 75BA—Arrest Warrant Pending Contempt Hearing 9 -- 1 of 14 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 17 Consequential amendment to Form 75C 10 18 Spent provisions revoked 10 ═══════════════ ENDNOTES 12 -- 2 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 36/2013 County Court Act 1958 County Court (Chapter I Amendment No. 6) Rules 2013 A majority of the Judges of the County Court makes the following Rules: 1 Object The main object of these Rules is to amend Chapter I of the Rules of the County Court— (a) to provide for amended forms of certification under the Civil Procedure Act 2010 and related matters as a consequence of the enactment of the Civil Procedure Amendment Act 2012; and (b) to provide for an additional circumstance under which originating process may be served outside Australia without order of the Court; and (c) to expand the classes of person to whom arrest warrants for contempt may be directed. 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 31 March 2013. -- 3 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 4 Principal Rules In these Rules, the County Court Civil Procedure Rules 20081 are called the Principal Rules. 5 Heading to Part 2 of Order 4 amended In the heading to Part 2 of Order 4 of the Principal Rules for "ON COMMENCEMENT OF" substitute "FOR". 6 New Rule 4.09.1 inserted After Rule 4.09 of the Principal Rules insert— "4.09.1 Certification of prior overarching obligations certification (1) For the purposes of section 41(5)(a)(i) of the Civil Procedure Act 2010, the specified period is the period of two years prior to the date of the certification under section 41(5)(b) of that Act. (2) For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act shall be in Form 4AB.". 7 Rule 4.10 substituted For Rule 4.10 of the Principal Rules substitute— "4.10 Proper basis certification (1) For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of judgments are exempt from the proper basis certification requirements under the Civil Procedure Act 2010. r. 4 -- 4 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 (2) For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification shall be in Form 4B.". 8 For what claims In Rule 7.01(1) of the Principal Rules— (a) in paragraph (n), for "Commonwealth." substitute "Commonwealth;"; (b) after paragraph (n) insert— "(o) the proceeding is brought by a public authority to recover rates, charges or taxes levied by that authority by or under any Act (including a Commonwealth Act) from a person liable for them.". 9 Contempt in the face of the Court (1) For Rule 75.02(b) of the Principal Rules substitute— "(b) issue a warrant for the arrest of the respondent.". (2) At the end of Rule 75.02 of the Principal Rules insert— "(2) A warrant for the arrest of the respondent may be issued under the hand of a Judge where the arrest is ordered by the Judge. (3) A warrant issued under paragraph (1) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or r. 8 -- 5 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 (e) all persons authorised by law to execute a warrant to arrest. (4) The warrant may be in Form 75A.". 10 Rule 75.08 substituted For Rule 75.08 of the Principal Rules substitute— "75.08 Arrest of respondent (1) Where a summons or originating motion for punishment of a contempt has been filed, and it appears to the Court that the respondent has absconded or is likely to abscond or has left or is likely to leave Victoria, the Court may issue a warrant for his or her arrest and detention in custody until he or she is brought before the Court to answer the charge, unless he or she gives security, as the Court directs, for his or her attendance in person to answer the charge and to submit to the judgment of the Court. (2) A warrant for the arrest of the respondent may be issued under the hand of a Judge where the arrest is ordered by the Judge. (3) A warrant issued under paragraph (1) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or (e) all persons authorised by law to execute a warrant to arrest. (4) The warrant may be in Form 75B.". r. 10 -- 6 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 5 11 Arrest pending contempt hearing (1) In Rule 75.08.1(1) of the Principal Rules omit "in Form 75AA". (2) After Rule 75.08.1(1) of the Principal Rules insert— "(1A) A warrant for the arrest of the person may be issued under the hand of a Judge where the arrest is ordered by the Judge. (1B) A warrant issued under paragraph (1) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or (e) all persons authorised by law to execute a warrant to arrest. (1C) The warrant may be in Form 75BA.". 12 Warrant for arrest Rule 75.09 of the Principal Rules is revoked. 13 Overarching obligations certification In Form 4A of the Principal Rules for— "[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative]" substitute— "[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding r. 11 -- 7 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 6 by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance]". 14 New Form 4AB inserted After Form 4A of the Principal Rules insert— "FORM 4AB Rule 4.09.1 CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION [heading as in originating process] In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification. Date: Signed [To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court] __________________". 15 Form 4B substituted For Form 4B of the Principal Rules substitute— "FORM 4B Rule 4.10(2) PROPER BASIS CERTIFICATION [heading as in originating process] In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present: r. 14 -- 8 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 7 [in a civil proceeding which involves allegations of fact:] *(a) each allegation of fact in the document has a proper basis; *(b) each denial in the document has a proper basis; *(c) there is a proper basis for each non-admission in the document. [in a civil proceeding commenced by originating motion seeking a particular legal relief or remedy:] *(a) each claim in the document has a proper basis; *(b) each response in the document to a claim has a proper basis; *(c) each question posed to the Court in the document has a proper basis; *(d) each response in the document to each question posed to the Court has a proper basis. Date: Signed *Delete if not applicable. __________________". 16 Forms 75A, 75AA and 75B substituted For Forms 75A, 75AA and 75B of the Principal Rules substitute— "FORM 75A Rule 75.02(4) ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF COUNTY COURT IN THE COUNTY COURT OF VICTORIA AT TO: r. 16 -- 9 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 8 *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt and, if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody and, when it is practicable to bring him or her before the Court, do so forthwith. Dated [insert date]. Judge *Delete if not applicable. __________________ FORM 75B Rule 75.08(4) ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION [heading as in summons or originating motion] TO: *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $ into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to r. 16 -- 10 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 9 answer the charge and to submit to the judgment of the Court. Dated [insert date] Judge *Delete if not applicable. __________________ FORM 75BA Rule 75.08.1(1C) ARREST WARRANT PENDING CONTEMPT HEARING [heading as in originating process] TO: *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt and, if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody and, when it is practicable to bring him or her before the Court, do so forthwith. Dated [insert date]. Judge *Delete if not applicable. __________________". r. 16 -- 11 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 10 17 Consequential amendment to Form 75C In Form 75C of the Principal Rules, for "75AA or 75B" substitute "75B or 75BA". 18 Spent provisions revoked (1) Rule 1.03(2) of the Principal Rules is revoked. (2) Schedule 2 to the Principal Rules is revoked. Dated: 25 March 2013 M. ROZENES, Chief Judge M. E. KENNEDY M. G. McINERNEY C. M. O'NEILL M. B. HARBISON D. L. ALLEN G. R. ANDERSON P. G. MISSO J. R. BOWMAN K. L. BOURKE J. A. NICHOLSON J. M. J. PATRICK J. A. SMALLWOOD P. G. LACAVA S. M. COHEN C. A. THORNTON F. E. HOGAN P. M. TAFT I. E. LAWSON F. SACCARDO E. M. GAYNOR H. T. MASON J. A. CAMPTON G. P. MULLALY W. A. WILMOTH T. J. GINNANE G. T. CHETTLE K. E. KINGS F. MILLANE J. D. MONTGOMERY S. S. DAVIS J. L. PARRISH J. G. MORRISH M. H. TINNEY D. A. PARSONS G. T. CANNON S. E. PULLEN M. E. DEAN A. J. HOWARD J. F. CARMODY M. D. MURPHY R. J. H. MAIDMENT r. 17 -- 12 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 11 B. A. COTTERELL D. G. BROOKES M. F. MACNAMARA J. A. JORDAN W. E. STUART ═══════════════ r. 17 -- 13 of 14 -- S.R. No. 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 Authorised by the Chief Parliamentary Counsel 12 ENDNOTES 1 Rule 4: S.R. No. 148/2008. Reprint No. 1 as at 7 November 2012. Reprinted to S.R. No. 104/2012. Subsequently amended by S.R. Nos 85/2012, 166/2012 and 167/2012. Endnotes -- 14 of 14 --