Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013 S.R. No. 124/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Order 4 to be subject to Orders 5, 6 and 7 2 6 New Rule 4.05A inserted 2 4.05A Information in relation to respondents to accompany certain applications 2 7 Planning and Environment List 3 8 Review and Regulation List 3 9 Civil Claims List 3 10 Owners Corporations List 4 11 Real Property List 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 124/2013 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 8) 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 provide for— (a) ASIC records of company searches or extracts of the register of incorporated associations to accompany certain applications; and (b) the allocation of enactments to Lists; and (c) other various technical amendments. 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 14 October 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. 124/2013 Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 5 Order 4 to be subject to Orders 5, 6 and 7 (1) In the heading to Rule 4.01 of the Principal Rules, for "5 and 6" substitute "5, 6 and 7". (2) In Rule 4.01 of the Principal Rules, for "5 and 6" substitute "5, 6 and 7". 6 New Rule 4.05A inserted After Rule 4.05 of the Principal Rules insert— "4.05A Information in relation to respondents to accompany certain applications (1) This Rule applies to an application to the Tribunal in one of the following lists— (a) the civil claims list; (b) the domestic building list; (c) the owners corporations list; (d) the real property list; (e) the retail tenancies list. (2) For the purposes of section 67(1)(b) of the Act, an application to which this Rule applies must be accompanied by— (a) in relation to any respondent that is a company incorporated under the Corporations Act, a record of a company search of the records maintained by the ASIC that shows the respondent's company name and the address of the respondent's registered office; and (b) in relation to any respondent that is an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, an extract of the register of incorporated associations kept under that Act that r. 5 -- 3 of 6 -- S.R. No. 124/2013 Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 shows the respondent's registered name and registered address.". 7 Planning and Environment List In Part 1 of Schedule 1 to the Principal Rules, in clause 4(1), after item 4.3 insert— "4.3A Education and Training Reform Act 2006 section 5.7A.12;". 8 Review and Regulation List (1) In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1), in item 5.16, for "inquiry)" substitute "inquiry), 146". (2) In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1), after item 5.22 insert— "5.22A Education and Care Services National Law Act 2010;". (3) In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1)— (a) in item 5.37, for "section" substitute "sections 57C and"; (b) in item 5.40, for "81Q and 81R" substitute "81Q, 81R and 240A"; (c) in item 5.61, for "9B and 14 (correction of register)" substitute "9B, 14 and 18A"; (d) item 5.74 is revoked; (e) item 5.80 is revoked. 9 Civil Claims List In Part 2 of Schedule 1 to the Principal Rules, in clause 6(1), item 6.2 is revoked. r. 7 -- 4 of 6 -- S.R. No. 124/2013 Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 10 Owners Corporations List In Part 2 of Schedule 1 to the Principal Rules, in clause 9A(1), after item 9A.1 insert— "9A.1A Company Titles (Home Units) Act 2013;". 11 Real Property List In Part 2 of Schedule 1 to the Principal Rules, in clause 10(1), in item 10.2, for "section" substitute "sections 56A(4) and". Dated: 10 October 2013 GREG GARDE, President MICHAEL F. MACNAMARA, Vice President MARILYN HARBISON, Vice President MARK DWYER, Deputy President MARGARET BAIRD, Senior Member BILL SIBONIS, Member ═══════════════ r. 10 -- 5 of 6 -- S.R. No. 124/2013 Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013 Authorised by the Chief Parliamentary Counsel 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, 17/2013, 38/2013, 71/2013 and 105/2013. Endnotes -- 6 of 6 --