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Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 S.R. No. 28/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Validity of complaint, counterclaim or third party notice 1 5 Form 11A—Third party notice 2 ═══════════════ ENDNOTES 3 -- 1 of 4 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 28/2012 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure (Amendment No. 4) 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 to make further provision for the validation of counterclaims and third party notices. 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 25 April 2012. 4 Validity of complaint, counterclaim or third party notice (1) In the heading to Rule 28.03 of the Magistrates' Court General Civil Procedure Rules 20101 , for "complaint" substitute "complaint, counterclaim or third party notice". (2) In Rule 28.03 of the Magistrates' Court General Civil Procedure Rules 2010, for "complaint" substitute "complaint, counterclaim or third party notice". -- 2 of 4 -- S.R. No. 28/2012 Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 5 Form 11A—Third party notice In Form 11A of the Magistrates' Court General Civil Procedure Rules 2010, for— "FILED [e.g. 15 June 20 ]. Registrar" substitute— "DATE OF FILING: THIS THIRD PARTY NOTICE IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Dated: [e.g. 5 September 20 ]. [To be signed by the defendant or the defendant's Australian lawyer]". Dated: 23 April 2012 IAN L. GRAY, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate PETER A. LAURITSEN, Deputy Chief Magistrate ═══════════════ rule 5 -- 3 of 4 -- S.R. No. 28/2012 Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 ENDNOTES 1 Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011 and 2/2012. Endnotes -- 4 of 4 --