Supreme Court (Chapter I Amendment No. 35) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter I Amendment No. 35) Rules 2012 S.R. No. 140/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Contempt in the face of the Court 1 6 Rule 75.08 substituted 2 75.08 Arrest of respondent 2 7 Arrest pending contempt hearing 3 8 Rule 75.09 revoked 4 9 New Forms 75A to 75BA 4 Form 75A—Arrest Warrant in Summary Proceedings for Contempt in Face of Supreme Court 4 Form 75B—Arrest Warrant in Contempt Proceedings by Summons or Originating Motion 5 Form 75BA—Arrest Warrant Pending Contempt Hearing 6 10 Consequential amendment to Form 75C 6 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 140/2012 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 35) Rules 2012 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to expand the classes of person to whom arrest warrants for contempt may be directed. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 10 December 2012. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 Contempt in the face of the Court (1) For Rule 75.02(b) of the Principal Rules substitute— "(b) issue a warrant for the arrest of the respondent.". -- 2 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 (2) At the end of Rule 75.02 of the Principal Rules insert— "(2) A warrant for the arrest of the respondent may be issued— (a) where the arrest is ordered by a Judge of the Court, under the hand of the Judge; (b) where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge. (3) A warrant issued under paragraph (1)(b) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or (e) all persons authorised by law to execute a warrant to arrest. (4) The warrant may be in Form 75A.". 6 Rule 75.08 substituted For Rule 75.08 of the Principal Rules substitute— "75.08 Arrest of respondent (1) Where a summons or originating motion for punishment of a contempt has been filed, and it appears to the Court that the respondent has absconded or is likely to abscond or has left or is likely to leave Victoria, the Court may issue a warrant for his or her arrest and detention in custody until he or she is brought before the Court to answer the r. 6 -- 3 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 charge, unless he or she gives security, as the Court directs, for his or her attendance in person to answer the charge and to submit to the judgment of the Court. (2) A warrant for the arrest of the respondent may be issued— (a) where the arrest is ordered by a Judge of the Court, under the hand of the Judge; (b) where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge. (3) A warrant issued under paragraph (1) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or (e) all persons authorised by law to execute a warrant to arrest. (4) The warrant may be in Form 75B.". 7 Arrest pending contempt hearing (1) In Rule 75.08.1(1) of the Principal Rules omit "in Form 75AA". (2) After Rule 75.08.1(1) of the Principal Rules insert— r. 7 -- 4 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 "(1.1) A warrant for the arrest of the person may be issued— (a) where the arrest is ordered by a Judge of the Court, under the hand of the Judge; (b) where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge. (1.2) A warrant issued under paragraph (1) may be directed to any one or more of the following— (a) the Sheriff; (b) a named member of the police force; (c) all members of the police force; (d) any named person authorised by law to execute a warrant to arrest; or (e) all persons authorised by law to execute a warrant to arrest. (1.3) The warrant may be in Form 75BA.". 8 Rule 75.09 revoked Rule 75.09 of the Principal Rules is revoked. 9 New Forms 75A to 75BA For Forms 75A, 75AA and 75B of the Principal Rules substitute— "FORM 75A Rule 75.02(4) ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF SUPREME COURT IN THE SUPREME COURT OF VICTORIA AT r. 8 -- 5 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 5 TO: *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith. Dated [insert date]. Judge *delete if not applicable _______________ FORM 75B Rule 75.08(4) ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION [heading as in summons or originating motion] TO: *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $ into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to answer the charge and to submit to the judgment of the Court. r. 9 -- 6 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 6 Dated [insert date] Judge *delete if not applicable _______________ FORM 75BA Rule 75.08.1(1.3) ARREST WARRANT PENDING CONTEMPT HEARING [heading as in originating process] TO: *the Sheriff *[insert name of member of the police force] *all members of the police force *[insert name and position of person authorised by law to execute a warrant to arrest] *all persons authorised by law to execute a warrant to arrest Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith. Dated [insert date]. Judge *delete if not applicable _______________". 10 Consequential amendment to Form 75C In Form 75C of the Principal Rules, for "75AA or 75B" substitute "75B or 75BA". r. 9 -- 7 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 7 Dated: 29 November 2012 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. GEOFFREY NETTLE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. BERNARD D. BONGIORNO, J.A. D. L. HARPER, J.A. PAMELA TATE, J.A. R. S. OSBORN, J.A. PHILLIP PRIEST, J.A. D. J. HABERSBERGER, J. K. WILLIAMS, J. STEPHEN KAYE, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. TERRY FORREST, J. KARIN EMERTON, J. r. 10 -- 8 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 8 CLYDE CROFT, J. ANNE FERGUSON, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. KATE McMILLAN, J. GREG GARDE, J. G. J. DIGBY, J. ═══════════════ r. 10 -- 9 of 10 -- S.R. No. 140/2012 Supreme Court (Chapter I Amendment No. 35) Rules 2012 Authorised by the Chief Parliamentary Counsel 9 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 4 as at 17 September 2012. Reprinted to S.R. No. 97/2012 and subsequently amended by S.R. Nos 39/2012 and 121/2012. Endnotes -- 10 of 10 --