Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 S.R. No. 2/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Commencement of proceedings 2 6 Defence of third party 2 7 Issuing of subpoena 2 8 Amendment to Form 8A 2 9 Amendment to Appendix A 2 10 New Appendix C inserted 3 Appendix C—Civil Registry Courts—Filing of Complaints Under Workers Compensation Act 1958 or Accident Compensation Act 1985 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 2/2012 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010— (a) to make further provision for the commencement of proceedings; and (b) to provide for the issue of subpoenas by a registrar at any venue of the Court; and (c) to make other miscellaneous amendments. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 1 February 2012. 4 Principal Rules In these Rules, the Magistrates' Court General Civil Procedure Rules 20101 are called the Principal Rules. -- 2 of 6 -- S.R. No. 2/2012 Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 5 Commencement of proceedings (1) In Rule 4.04(1) of the Principal Rules, for "A civil" substitute "Subject to paragraph (1A), a civil". (2) After Rule 4.04(1) of the Principal Rules insert— "(1A) A proceeding under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 must be commenced by the filing of a complaint at the venue of the Court specified in Appendix C.". 6 Defence of third party In Rule 11.09(1) of the Principal Rules, for "third notice" substitute "third party notice". 7 Issuing of subpoena After Rule 42.02(1) of the Principal Rules insert— "(1A) A subpoena may be issued under this Rule by a principal registrar, registrar or deputy registrar of the Court at any venue of the Court.". 8 Amendment to Form 8A In Form 8A of the Principal Rules, in item 5(c) under the heading "Notes", for "questions of fact arising" substitute "questions of fact not arising". 9 Amendment to Appendix A In item 83(a) of the Scale of Costs in Appendix A to the Principal Rules, for "$$42 637" (where twice occurring) substitute "$42 637". r. 5 -- 3 of 6 -- S.R. No. 2/2012 Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 10 New Appendix C inserted After Appendix B to the Principal Rules insert— "APPENDIX C CIVIL REGISTRY COURTS—FILING OF COMPLAINTS UNDER WORKERS COMPENSATION ACT 1958 OR ACCIDENT COMPENSATION ACT 1985 If the place where the subject matter of the complaint arose or the place of residence of the defendant is— (a) within the metropolitan area (being the inner urban, southern suburbs, northern and eastern suburbs and western suburbs regions)—Melbourne Magistrates' Court; (b) within the Western Districts region— Geelong, Ballarat or Warrnambool Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant; (c) within the Wimmera-Mallee region— Bendigo or Mildura Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant; (d) within the Upper Murray region— Wangaratta Magistrates' Court; (e) within the Gippsland region—Latrobe Valley Magistrates' Court. __________________". r. 10 -- 4 of 6 -- S.R. No. 2/2012 Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 Dated: 23 January 2012 IAN L. GRAY, Chief Magistrate LANCE I. MARTIN, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ r. 10 -- 5 of 6 -- S.R. No. 2/2012 Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011 and 149/2011. Endnotes -- 6 of 6 --