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Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012 S.R. No. 27/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 New Rule 2.07 inserted 1 2.07 Plaintiff may join third party 1 ═══════════════ ENDNOTES 3 -- 1 of 4 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 27/2012 Magistrates' Court Act 1989 Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) 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 (Miscellaneous Civil Proceedings) Rules 2010 to provide for the joinder of third parties in matters referred to arbitration. 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 New Rule 2.07 inserted After Rule 2.06 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 20101 insert— "2.07 Plaintiff may join third party (1) If in any proceeding that has been referred to arbitration in accordance with this Order the defendant files a third party notice against a person, the plaintiff may join that person as a defendant. -- 2 of 4 -- S.R. No. 27/2012 Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 (2) The plaintiff must give notice in writing to the third party, the defendant or defendants and the registrar that the third party is joined as defendant. (3) When the notice is filed and served the third party becomes a defendant to the proceeding.". Dated: 23 April 2012 IAN L. GRAY, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate PETER A. LAURITSEN, Deputy Chief Magistrate ═══════════════ rule 4 -- 3 of 4 -- S.R. No. 27/2012 Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 ENDNOTES 1 Rule 4: S.R. No. 141/2010 as amended by S.R. No 124/2011. Endnotes -- 4 of 4 --