Supreme Court (Chapter VI Amendment No. 3) Rules 2009

i Supreme Court (Chapter VI Amendment No. 3) Rules 2009 S.R. No. 98/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Part heading inserted 1 6 Definitions 2 7 New Part 2 of Order 5 2 PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009 2 5.09 Application for reinstatement of certain money warrants 2 5.10 Filing and service of summons 3 8 New Form 6-5G 3 Form 6-5G—Summons—Application under Section 28 of the Sheriff Act 2009 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 98/2009 Supreme Court Act 1986 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to provide for applications under section 28 of the Sheriff Act 2009. 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 the day that section 28 of the Sheriff Act 2009 comes into operation. 4 Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 2008 1 are called the Principal Rules. 5 Part heading inserted In Order 5 of the Principal Rules, before Rule 5.01 insert— "PART 1—PAYMENT OF FINES— SENTENCING ACT 1991". -- 2 of 7 -- S.R. No. 98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 2 6 Definitions In Rule 5.01 of the Principal Rules for "this Order" substitute "this Part". 7 New Part 2 of Order 5 After Rule 5.08 of the Principal Rules insert— "PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009 5.09 Application for reinstatement of certain money warrants (1) An application under section 28 of the Sheriff Act 2009 for reinstatement of an executed money warrant as a money warrant shall be made by summons in the proceeding in Form 6-5G. Note Section 28(3) of the Sheriff Act 2009 provides that this application is to be made within 28 days after the person named or described in the relevant money warrant receives notice from the Sheriff under section 27(9) of that Act that a third party has paid the whole of the amount payable under that warrant. (2) A summons under paragraph (1) shall be supported by an affidavit— (a) stating the facts on which the application is made; and (b) giving particulars of the executed money warrant; (c) exhibiting the notice served on the applicant under section 27(9) of the Sheriff Act 2009. r. 6 -- 3 of 7 -- S.R. No. 98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 3 5.10 Filing and service of summons (1) A summons under Rule 5.09 shall be filed with the Prothonotary. (2) The summons and a copy of the supporting affidavit shall be served on— (a) the Sheriff; and (b) the third party who paid the whole of the amount payable under the executed money warrant.". 8 New Form 6-5G After Form 6-5F of the Principal Rules insert— "FORM 6-5G Rule 5.09 SUMMONS—APPLICATION UNDER SECTION 28 OF THE SHERIFF ACT 2009 IN THE SUPREME COURT OF VICTORIA AT TO: THE SHERIFF: And [name and address of third party who paid amount under executed money warrant to which this application relates] You are summoned to attend before the Court on the hearing of an application under section 28 of the Sheriff Act 2009 by [name and address of applicant] for the reinstatement of an executed money warrant as a money warrant. The application relates to the following executed money warrant: [specify details] If you are the third party who paid the whole of the amount payable under the executed money warrant to which this application relates, you may attend but are not required to attend. r. 8 -- 4 of 7 -- S.R. No. 98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 4 The application will be heard before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne, on [insert date] at [insert time] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June 20 ]. This summons was filed by [identify applicant or applicant's legal representative]. __________________". Dated: 27 August 2009 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. P. D. CUMMINS, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. r. 8 -- 5 of 7 -- S.R. No. 98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 5 ELIZABETH CURTAIN, J. TONY PAGONE, J. ROSS ROBSON, J. JACK FORREST, J. LEX LASRY, J. JAMES JUDD, J. PETER VICKERY, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. ═══════════════ -- 6 of 7 -- S.R. No. 98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009 6 ENDNOTES 1 Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008 and 150/2008. Endnotes -- 7 of 7 --