County Court (Chapter 1 Amendment No. 13) Rules 2004

Victorian Legislation Parliamentary Documents i County Court (Chapter I Amendment No. 13) Rules 2004 S.R. No. 72/2004 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment to Rule 34A.03 1 6. Substitution of Rule 34A.07 2 34A.07 Divisions of WorkCover List 2 7. Entry of proceedings in list 2 8. Registrar may transfer a proceeding from a list to another list 2 9. Control of proceedings 3 10. Money in court for person under disability 3 11. Payment into the Supreme Court for person under disability 3 12. Amendment to Forms 4 13. Amendment to Scale of Costs 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 72/2004 County Court Act 1958 County Court (Chapter I Amendment No. 13) Rules 2004 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3. Commencement These Rules come into operation on 1 July 2004. 4. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 1999 1 are called the Principal Rules. 5. Amendment to Rule 34A.03 In Rule 34A.03(c)(iii) of the Principal Rules for "sections 134AB or" substitute "section". -- 2 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 2 6. Substitution of Rule 34A.07 For Rule 34A.07 of the Principal Rules substitute— "34A.07 Divisions of WorkCover List (1) The WorkCover List shall be divided into the WorkCover (General) division and the WorkCover (section 134AB) division. (2) The WorkCover (General) division shall consist of— (a) any proceeding under the Accident Compensation Act 1985 (except a proceeding under section 135A or an application under section 134AB); and (b) any proceeding under the Workers Compensation Act 1958. (3) The WorkCover (section 134AB) division shall consist of any application under section 134AB of the Accident Compensation Act 1985.". 7. Entry of proceedings in list For Rule 34A.09(c) of the Principal Rules substitute— "(c) a division of the WorkCover List.". 8. Registrar may transfer a proceeding from a list to another list (1) In Rule 34A.11(1) of the Principal Rules, after "Court" insert "including the Registrar". (2) Rule 34A.11(2) of the Principal Rules is revoked. r. 6 -- 3 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 3 9. Control of proceedings In Rule 34A.14(3) of the Principal Rules, for "Master if the Judge or the other Judge requests the Master to do so" substitute "Master or the Registrar if the Judge or the other Judge requests the Master or the Registrar to do so". 10. Money in court for person under disability In Rule 79.03 of the Principal Rules, after "money in court be" insert "paid into the Supreme Court on behalf of a person under disability or". 11. Payment into the Supreme Court for person under disability (1) In Rule 79.04(1) of the Principal Rules, after "money be paid" insert "into the Supreme Court or". (2) In Rule 79.04(2) of the Principal Rule, after "to pay" insert "into the Supreme Court or". (3) For Rule 79.04(3) of the Principal Rules substitute— "(3) A party ordered to pay— (a) into the Supreme Court, shall pay the money to the Senior Master of the Supreme Court; or (b) into court, shall pay the money to the Registrar— and shall within seven days of the payment serve on the party who obtained the order notice in writing of the payment.". r. 9 -- 4 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 4 12. Amendment to Forms (1) In Form 15A to the Principal Rules, in the paragraphs appearing after "THE COURT ORDERS THAT:"— (a) in paragraph 2, for "pay $ to the Registrar for the benefit of the plaintiff" substitute "[where appropriate pay $ into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff] [where appropriate pay $ to the Registrar for the benefit of the plaintiff]"; (b) for paragraph 4 substitute— "4. [Where appropriate Subject to any order of the Supreme Court, the money paid into the Supreme Court be held by the Senior Master of the Supreme Court on behalf of the plaintiff] [where appropriate Subject to any further order, the Registrar invest $ for the plaintiff] and pay it out with the interest accrued thereon upon the plaintiff attaining the age of 18 years.". (2) In Form 15B to the Principal Rules, in the paragraphs appearing after "THE COURT ORDERS THAT:"— (a) in paragraph 2, for— "$ to the Registrar for the benefit of the minors referred to above, being $ for the benefit of and $ for the benefit of " substitute— "[where appropriate $ into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the minors referred to above, being $ on behalf of and $ on behalf of ] [where appropriate $ to the Registrar for the benefit of the minors referred to r. 12 -- 5 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 5 above, being $ for the benefit of and $ for the benefit of ]"; (b) for paragraph 4 substitute— 4. [Where appropriate Subject to any order of the Supreme Court, the money paid into the Supreme Court be held by the Senior Master of the Supreme Court on behalf of and respectively] [where appropriate Subject to any further order, the Registrar invest $ for and respectively], each sum to be paid out with the interest accrued thereon to the minor for whose benefit it was invested upon his attaining the age of 18 years.". (3) In Form 28 to the Principal Rules— (a) for "To [name of authorised user]" substitute— "To [name of authorised user] [Court seal]"; (b) in the part of the form comprising of "CASE DETAILS" omit "[Court seal]"; (c) after "filed in the County Court of Victoria." insert— "This document must be retained as proof of filing of the [attached] document—refer to Rules 28.14 and 40.08.". 13. Amendment to Scale of Costs In Appendix A to the Principal Rules, in item 26(i) of the Scale of Costs, for "and necessary in the discretion of the Registrar" substitute "or necessary in the discretion of the Registrar, or electronic filing in accordance with Part 2 of Order 28, if filing is not elsewhere provided for in this scale". r. 13 -- 6 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 6 Dated: 24 June 2004 MICHAEL ROZENES TIM WOOD F. G. DYETT G. R. ANDERSON W. M. R. KELLY B. J. KING L. S. OSTROWSKI JOHN BOWMAN J. T. DUGGAN R. LEWITAN J. R. HANLON S. M. COHEN M. HIGGINS M. E. SEXTON M. J. STRONG M. P. BOURKE FRED DAVEY E. M. GAYNOR STUART CAMPBELL P. J. COISH MARGARET RIZKALLA J. A. CAMPTON T. G. WODAK R. F. PUNSHON MARILYN HARBISON W. A. WILMOTH S. P. GEBHARDT G. T. CHETTLE J. M. PANNAM F. MILLANE ═══════════════ r. 13 -- 7 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 72/2004 County Court (Chapter I Amendment No. 13) Rules 2004 7 ENDNOTES 1 Rule 4: S.R. No. 20/1999. Reprint (No. 2) incorporating amendments as at 13 March 2003. Subsequently amended by S.R. Nos 103/2003 and 138/2003. Endnotes -- 8 of 8 --