County Court (Chapters I and II Miscellaneous Amendments) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 2 PART 2—AMENDMENTS TO CHAPTER I 3 4 Address for service of defendant 3 5 Form 8A substituted 3 Form 8A—Notice of Appearance 3 PART 3—AMENDMENTS TO CHAPTER II 5 6 Revocation of spent revocation provisions 5 7 Application for leave to abandon appeal out of time 5 8 Rule 2.11 substituted 5 2.11 Order striking out appeal 5 9 Rule 2.13 substituted 5 2.13 Recording of decision 5 10 Notice of abandonment of appeal 6 11 Forms 2−2K and 2−2M revoked 6 12 Application to set aside order striking out appeal for failure to appear 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 166/2013 County Court Act 1958 County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 A majority of the Judges of the County Court makes the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is— (a) to amend Rule 8.06 and Form 8A in Chapter I of the Rules of the County Court to reflect the requirements of the Trans-Tasman Proceedings Act 2010 of the Commonwealth for address for service in a notice of appearance; and (b) to amend Chapter II of the Rules of the County Court— (i) to revoke certain Rules and Forms that are no longer required and update other Rules and Forms; and (ii) to revoke spent revocation provisions. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. -- 2 of 9 -- Part 1—Preliminary County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Rules come into operation on 23 December 2013. __________________ r. 3 -- 3 of 9 -- Part 2—Amendments to Chapter I County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 3 PART 2—AMENDMENTS TO CHAPTER I 4 Address for service of defendant In Rule 8.06(3) of the County Court Civil Procedure Rules 20081 , after "Commonwealth" insert "or the Trans-Tasman Proceedings Act 2010 of the Commonwealth". 5 Form 8A substituted For Form 8A of the County Court Civil Procedure Rules 2008 substitute— "FORM 8A Rule 8.05(1) NOTICE OF APPEARANCE [heading as in originating process] FILE an appearance for [full name of defendant] the abovenamed defendant. Dated: [Signed] The address of the defendant is [insert address]. *[Where the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address]. *[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address]. *[Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria] The address of the defendant within Victoria for service is [insert address]. r. 4 -- 4 of 9 -- Part 2—Amendments to Chapter I County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 4 *[Where neither of those Acts applies and the defendant appears by a solicitor] The name or firm and the business address within Victoria of the solicitor for the defendant is [insert name or firm and business address]. *[Where neither of those Acts applies and the solicitor is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address]. *delete if not applicable. __________________". r. 4 -- 5 of 9 -- Part 3—Amendments to Chapter II County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 5 PART 3—AMENDMENTS TO CHAPTER II 6 Revocation of spent revocation provisions (1) Rule 1.05 of the County Court Miscellaneous Rules 20092 is revoked. (2) Schedule 1 to the County Court Miscellaneous Rules 2009 is revoked. 7 Application for leave to abandon appeal out of time In the County Court Miscellaneous Rules 2009— (a) Rule 2.09 is revoked; (b) Form 2−2H is revoked. 8 Rule 2.11 substituted For Rule 2.11 of the County Court Miscellaneous Rules 2009 substitute— "2.11 Order striking out appeal If an order striking out an appeal under section 328 of the Children, Youth and Families Act 2005 is made, the Registrar shall cause a copy of the order to be forwarded to the Registrar of the Children's Court at the venue of the court from which that appeal was brought.". 9 Rule 2.13 substituted For Rule 2.13 of the County Court Miscellaneous Rules 2009 substitute— "2.13 Recording of decision (1) When an appeal under section 328 of the Children, Youth and Families Act 2005 is determined by the Court, the Associate to the Judge who heard the appeal shall in all cases record particulars of the decision. r. 6 -- 6 of 9 -- Part 3—Amendments to Chapter II County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 6 (2) The record under paragraph (1) constitutes the final record of the order of the Court on the appeal. (3) If a number of appeals are heard together, it is necessary for the particulars of each order or dismissal the subject of the appeal to be recorded in full.". 10 Notice of abandonment of appeal In Form 2−2G of the County Court Miscellaneous Rules 2009 for— " IN THE COUNTY COURT OF VICTORIA " substitute— " IN THE COUNTY COURT Appeal No: OF VICTORIA ". 11 Forms 2−2K and 2−2M revoked Forms 2−2K and 2−2M of the County Court Miscellaneous Rules 2009 are revoked. 12 Application to set aside order striking out appeal for failure to appear In Form 2−2N of the County Court Miscellaneous Rules 2009— (a) for "To: The Registrar of the County Court Appeal No: [date]" substitute— "IN THE COUNTY COURT Appeal No: OF VICTORIA AT To: The Registrar of the County Court"; (b) for " MAGISTRATES' COURT " substitute " CHILDREN'S COURT". r. 10 -- 7 of 9 -- Part 3—Amendments to Chapter II County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 7 Dated: 13 December 2013 M. ROZENES, Chief Judge P. G. MISSO M. G. McINERNEY K. L. BOURKE M. B. HARBISON J. M. J. PATRICK C. D. DOUGLAS P. M. E. WISCHUSEN G. R. ANDERSON P. G. LACAVA J. A. NICHOLSON F. R. GUCCIARDO J. A. SMALLWOOD P. M. TAFT S. M. COHEN F. SACCARDO M. E. SEXTON M. A. GAMBLE F. E. HOGAN G. P. MULLALY E. M. GAYNOR K. E. KINGS J. A. CAMPTON J. D. MONTGOMERY W. A. WILMOTH J. L. PARRISH F. MILLANE M. H. TINNEY S. S. DAVIS G. T. CANNON F. P. HAMPEL R. J. H. MAIDMENT J. G. MORRISH R. H. SMITH P. D. GRANT M. F. MACNAMARA S. E. PULLEN W. E. STUART A. J. HOWARD D. G. BROOKES L. A. HANNAN J. A. JORDAN M. D. MURPHY C. J. RYAN M. E. KENNEDY P. J. COSGRAVE C. M. O'NEILL G. F. MEREDITH D. L. ALLEN R. W. DYER ═══════════════ r. 12 -- 8 of 9 -- County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 S.R. No. 166/2013 Authorised by the Chief Parliamentary Counsel 8 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, 167/2012, 36/2013, 69/2013, 122/2013 and 136/2013. 2 Rule 6(1): S.R. No. 56/2009 as amended by S.R. Nos 183/2009, 185/2009 and 104/2012. Endnotes -- 9 of 9 --