County Court (Miscellaneous Amendments) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Objects 1 2 Authorising provisions 2 3 Commencement 2 PART 2—AMENDMENTS TO CHAPTER I 3 4 Seal of Court 3 5 Objection by party to inspection by other party 3 6 Proceedings after appearance 3 7 Issue of warrant of execution 3 8 Form 68A—Warrant of seizure and sale 4 PART 3—AMENDMENTS TO CHAPTER II 5 9 Rules 13.05 to 13.08 revoked 5 PART 4—AMENDMENTS TO CHAPTER III 6 10 Enforcement of fine against a natural person 6 11 Forms 5B and 5BA substituted 6 Form 5B—Fine Conversion Order under Sentencing Act 1991 6 Form 5BA—Fine Default Unpaid Community Work Order under Sentencing Act 1991 7 12 Notice about the procedure for enforcement of fines 9 13 New Form 5CA inserted 9 Form 5CA 9 14 Warrant to arrest for failure to pay fine 10 ═══════════════ ENDNOTES 12 -- 1 of 13 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 104/2012 County Court Act 1958 County Court (Miscellaneous Amendments) Rules 2012 A majority of the Judges of the County Court makes the following Rules: PART 1—PRELIMINARY 1 Objects The objects of these Rules are— (a) to amend Chapter I of the Rules of the County Court— (i) in relation to the procedure for a party to object to the inspection of a document that is a hospital or medical file identified in a subpoena; (ii) in relation to warrants of seizure and sale to reflect changes made to section 52 of the Transfer of Land Act 1958 by the Land Legislation Amendment Act 2009; (iii) in relation to the sealing of documents; (b) to revoke redundant provisions of Order 13 of Chapter II of the Rules of the County Court and make a consequential amendment to Chapter I; (c) to insert a new Form and substitute and amend certain existing Forms in Chapter III of the Rules of the County Court, as a consequence of the enactment of the Courts -- 2 of 13 -- Part 1—Preliminary County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 2 and Sentencing Legislation Amendment Act 2012. 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 1 October 2012. __________________ r. 2 -- 3 of 13 -- Part 2—Amendments to Chapter I County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 3 PART 2—AMENDMENTS TO CHAPTER I 4 Seal of Court In Rule 28.04(1) of the County Court Civil Procedure Rules 20081 — (a) for "and the Registrar" substitute "the Registrar and every associate to a Judge"; (b) in paragraph (b), for ' "Registrar".' substitute ' "Registrar";'; (c) after paragraph (b) insert— '(c) an associate to a Judge, the words "Associate to a Judge of the Court".'. 5 Objection by party to inspection by other party In Rule 42A.08(2) of the County Court Civil Procedure Rules 2008, for "seven" substitute "14". 6 Proceedings after appearance After Rule 45.04(4) of the County Court Civil Procedure Rules 2008 insert— "(5) Nothing in this Rule applies to a proceeding in a specialist list where a practice note applies in respect of proceedings in that list.". 7 Issue of warrant of execution After Rule 68.04(3) of the County Court Civil Procedure Rules 2008 insert— "(3A) For the purposes of section 52(2) of the Transfer of Land Act 1958, if the person requesting the issue of a warrant of seizure and sale satisfies the Registrar, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that r. 4 -- 4 of 13 -- Part 2—Amendments to Chapter I County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 4 Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant. Note See Rule 69.04(3) as to sale of land under a warrant of seizure and sale.". 8 Form 68A—Warrant of seizure and sale (1) In Form 68A of the County Court Civil Procedure Rules 2008 for "Issued 20" substitute— "*For the purposes of section 52(2) of the Transfer of Land Act 1958, the land in the folio or folios of the Register kept under that Act identified by folio number(s) [insert relevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant. Issued 20". (2) At the end of Form 68A of the County Court Civil Procedure Rules 2008 insert— "*Delete if not applicable.". __________________ r. 8 -- 5 of 13 -- Part 3—Amendments to Chapter II County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 5 PART 3—AMENDMENTS TO CHAPTER II 9 Rules 13.05 to 13.08 revoked Rules 13.05, 13.06, 13.07 and 13.08 of the County Court Miscellaneous Rules 20092 are revoked. __________________ r. 9 -- 6 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 6 PART 4—AMENDMENTS TO CHAPTER III 10 Enforcement of fine against a natural person After Rule 5.06(2) of the County Court Criminal Procedure Rules 20093 insert— "(2A) An application under section 63AE of the Sentencing Act 1991 must be in Form 5CA.". 11 Forms 5B and 5BA substituted For Forms 5B and 5BA of the County Court Criminal Procedure Rules 2009 substitute— "RULE 5.06(1) FORM 5B IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: FINE CONVERSION ORDER UNDER SENTENCING ACT 1991 To: [name] Date of Birth: Of: [address] On [date], this Fine Conversion Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ............................... UNPAID AMOUNTS Fine Statutory Cost Costs Hours of work ordered Duration of order How hours to be served $ $ $ 00 hours 00 months As directed Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed. r. 10 -- 7 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 7 This order commences on [date]. You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date]. The terms of this fine conversion order are that you must— • not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; • comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011; • report to, and receive visits from the Secretary (or delegate) during the period of the order; • report to the community corrections centre specified in the order within 2 clear working days after the order comes into force; • notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change; • not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate); • comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order. This order was made on [date] at [place]. [Signature of Offender] [Signature of Judge/Registrar] __________________ RULE 5.06(1A) FORM 5BA IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: FINE DEFAULT UNPAID COMMUNITY WORK ORDER UNDER SENTENCING ACT 1991 To: [name] Date of Birth: Of: [address] r. 11 -- 8 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 8 On [date], this Fine Default Unpaid Community Work Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ............................... UNPAID AMOUNTS Fine Statutory Cost Costs Hours of work ordered Duration of order How hours to be served $ $ $ 00 hours 00 months As directed Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed. This order commences on [date]. You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date]. The terms of this fine default unpaid community work order are that you must— • not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; • comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011; • report to, and receive visits from the Secretary (or delegate) during the period of the order; • report to the community corrections centre specified in the order within 2 clear working days after the order comes into force; • notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change; • not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate); • comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order. This order was made on [date] at [place]. [Signature of Offender] [Signature of Judge/Registrar] __________________". r. 11 -- 9 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 9 12 Notice about the procedure for enforcement of fines In Form 5C of the County Court Criminal Procedure Rules 2009— (a) for "making of a Community-Based Order" substitute "making of a Fine Conversion Order"; (b) for "granted a Community-Based Order" substitute "granted a Fine Conversion Order"; (c) for "make a community-based order" substitute "make a Fine Default Unpaid Community Work Order". 13 New Form 5CA inserted After Form 5C of the County Court Criminal Procedure Rules 2009 insert— "RULE 5.06(2A) FORM 5CA IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: APPLICATION TO VARY * FINE CONVERSION ORDER * FINE DEFAULT UNPAID COMMUNITY WORK ORDER APPLICANT'S NAME: RESPONDENT'S NAME: CONTACT DETAILS Contact no: _______________Email address: ________________________ Address for service:_____________________________________________ _____________________________________________________________ r. 12 -- 10 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 10 I, ___________________apply to the Court at ____________________ to— † vary the fine conversion order † vary the fine default unpaid community work order DETAILS OF ORDER The order was made at the ______________ Court on the ___/____/___ . The order commenced on ____/____/____ and ceases on ___/____/____. REASON FOR APPLICATION: ______________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Date: ____/____/______ ––––––––––––––––– Signature of Applicant LISTING OF APPLICATION This application is listed for hearing before the County Court at on ____/____/______ at am/pm. Date: ____/____/______ ––––––––––––––––– Deputy Registrar __________________". 14 Warrant to arrest for failure to pay fine In Form 5D of the County Court Criminal Procedure Rules 2009, for "Community-Based Order" substitute "Fine Conversion Order". r. 14 -- 11 of 13 -- Part 4—Amendments to Chapter III County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 11 Dated: 20 September 2012 M. ROZENES, Chief Judge M. E. KENNEDY M. G. McINERNEY C. M. O'NEILL J. R. BOWMAN P. G. MISSO J. A. NICHOLSON K. L. BOURKE G. G. HICKS P. G. LACAVA J. A. SMALLWOOD P. M. TAFT S. M. COHEN F. SACCARDO F. E. HOGAN M. A. GAMBLE I. E. LAWSON H. MASON G. GULLACI G. P. MULLALY E. M. GAYNOR T. J. GINNANE K. R. HOWIE J. L. PARRISH R. F. PUNSHON M. H. TINNEY G. T. CHETTLE G. T. CANNON F. MILLANE J. F. CARMODY S. S. DAVIS R. J. H. MAIDMENT F. P. HAMPEL R. H. SMITH J. G. MORRISH B. A. COTTERELL D. A. PARSONS M. F. MACNAMARA A. J. HOWARD D. G. BROOKES L. A. HANNAN L. D. PILGRIM M. D. MURPHY ═══════════════ r. 14 -- 12 of 13 -- County Court (Miscellaneous Amendments) Rules 2012 S.R. No. 104/2012 Authorised by the Chief Parliamentary Counsel 12 ENDNOTES 1 Rule 4: S.R. No. 148/2008 as amended by S.R. Nos 182/2009, 184/2009, 185/2009, 145/2010, 146/2010, 81/2011, 82/2011, 107/2011, 156/2011 and 85/2012. 2 Rule 9: S.R. No. 56/2009 as amended by S.R. Nos 183/2009 and 185/2009. 3 Rule 10: S.R. No. 183/2009 as amended by S.R. Nos 31/2012 and 95/2012. Endnotes -- 13 of 13 --