County Court (Chapter I Amendment No. 14) Rules 2004

Victorian Legislation and Parliamentary Documents i County Court (Chapter I Amendment No. 14) Rules 2004 S.R. No. 180/2004 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Change of name by corporation 1 6. Consent to judgment or order by parties not in attendance 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 180/2004 County Court Act 1958 County Court (Chapter I Amendment No. 14) 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 January 2005. 4. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 19991 are called the Principal Rules. 5. Change of name by corporation At the end of Rule 1.17 of the Principal Rules insert— '(2) If a corporation a party to a proceeding in the Court changes its name it shall— (a) file written notice of the change of name in the Registrar's office; and -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 180/2004 County Court (Chapter I Amendment No. 14) Rules 2004 2 (b) serve a copy of that notice on all other parties to the proceeding. (3) The notice shall— (a) bear the title of the proceeding showing the name of the corporation before the change; and (b) specify the new name of the corporation and the date on which the name was changed. (4) After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".'. 6. Consent to judgment or order by parties not in attendance (1) Insert the following heading to Rule 59.07 of the Principal Rules— "Consent to judgment or order by parties not in attendance". (2) For Rule 59.07(1) of the Principal Rules substitute— "(1) Where parties to a proceeding are agreed upon the terms in which a judgment should be given, or an order made, in the proceeding, the Court may, if satisfied that the parties who are to be bound consent, give judgment or make an order in those terms without requiring the attendance of the parties.". (3) In Rule 59.07(2) of the Principal Rules omit "which is produced to the Court by the party applying for the judgment or order". r. 6 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 180/2004 County Court (Chapter I Amendment No. 14) Rules 2004 3 (4) After Rule 59.07(3) of the Principal Rules insert— "(4) Notwithstanding paragraph (1), the Court may require a party to attend upon the giving of a judgment or the making of an order in the proceeding.". Dated: 9 December 2004 MICHAEL ROZENES JOHN BOWMAN F. G. DYETT J. NICHOLSON L. S. OSTROWSKI J. A. SMALLWOOD J. T. DUGGAN S. M. COHEN J. H. BARNETT M. E. SEXTON E. H. CURTAIN F. E. HOGAN FRED DAVEY I. E. LAWSON DAVID MORROW M. P. BOURKE T. G. WODAK P. J. COISH F. J. SHELTON K. R. HOWIE A. P. DUCKETT J. A. CAMPTON MARILYN HARBISON R. F. PUNSHON TIM WOOD W. A. WILMOTH G. R. ANDERSON F. MILLANE LANSELL PILGRIM W. H. MORGAN-PAYLER P. D. JENKINS S. S. DAVIS ═══════════════ r. 6 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 180/2004 County Court (Chapter I Amendment No. 14) Rules 2004 4 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 109/2003, 138/2003 and 72/2004. Endnotes -- 5 of 5 --