Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 S.R. No. 71/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Rule 1.07 2 1.07 Default scale of costs 2 6 New Rules 4.28 and 4.29 2 4.28 Partners and firms 2 4.29 Service of process on partners and firms 2 7 Accompanying documents for electronic lodgement 3 8 Planning and Environment List 3 9 Review and Regulation List 3 10 Domestic Building List 3 11 Owners Corporations List 3 12 Residential Tenancies List 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 71/2013 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules: 1 Object The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008 to provide for— (a) proceedings in the names of firms; (b) service of documentation when applications are lodged electronically; (c) a default scale of costs; (d) the allocation of enactments to Lists. 2 Authorising provisions These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers. 3 Commencement These Rules come into operation on 1 July 2013. 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 20081 are called the Principal Rules. -- 2 of 6 -- S.R. No. 71/2013 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 2 5 New Rule 1.07 After Rule 1.06 of the Principal Rules insert— "1.07 Default scale of costs Unless the Tribunal otherwise orders, if the Tribunal makes an order as to costs, the applicable scale of costs is the Scale of Costs in Appendix A of Chapter I of the Rules of the County Court.". 6 New Rules 4.28 and 4.29 After Rule 4.27 of the Principal Rules insert— "4.28 Partners and firms Where two or more persons carry on business as partners within Victoria, a proceeding may be commenced by or against them in the name of the firm (if any) of which they were partners when the cause of action accrued. 4.29 Service of process on partners and firms A notice, order or document in a proceeding commenced against partners in the firm named under Rule 4.28 may be served on or given to the partners and the firm by— (a) serving it on any one or more of the partners in any manner in accordance with section 140(1)(a) of the Act; or (b) sending it by post, facsimile or other electronic transmission to the firm at its last known business address; or r. 5 -- 3 of 6 -- S.R. No. 71/2013 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 3 (c) leaving it at the firm's usual or last known business address with a person on the premises who is apparently at least 16 years old and apparently employed there.". 7 Accompanying documents for electronic lodgement At the end of Rule 6.23 of the Principal Rules insert— "(2) Despite subrule (1), any document which is to form part of the material to be provided to the Tribunal in accordance with Rule 6.25 or Rule 6.28 must be served on the respondent or respondents, as the case requires, at the time of service of that application.". 8 Planning and Environment List In clause 4 of Schedule 1 to the Principal Rules, in item 4.13 after "1988" insert ", except Part 5". 9 Review and Regulation List In clause 5 of Schedule 1 to the Principal Rules, in item 5.9 after "Part 12A" insert "and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7". 10 Domestic Building List In clause 8 of Schedule 1 to the Principal Rules, in item 8.1A, after "Part 12A" insert "and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7". 11 Owners Corporations List In clause 9A of Schedule 1 to the Principal Rules, in item 9A.3 omit ", and sections 36 and 39 (other disputes)". r. 7 -- 4 of 6 -- S.R. No. 71/2013 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 4 12 Residential Tenancies List In clause 11 of Schedule 1 to the Principal Rules— (a) in item 11.6 for "1997;" substitute "1997."; (b) item 11.7 is revoked. Dated: 19 June 2013 GREGORY GARDE, President PAMELA JENKINS, Vice President M. F. MACNAMARA, Vice President MARK DWYER, Deputy President MARGARET BAIRD, Senior Member ═══════════════ r. 12 -- 5 of 6 -- S.R. No. 71/2013 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013 5 ENDNOTES 1 Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 1/2012. Subsequently amended by S.R. Nos 16/2013 and 38/2013. Endnotes -- 6 of 6 --