Supreme Court (Chapter II Amendment No. 6) Rules 2004

Victorian Legislation Parliamentary Documents i Supreme Court (Chapter II Amendment No. 6) Rules 2004 S.R. No. 133/2004 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provision 1 3. Principal Rules 1 4. Amendment of headings 1 5. New Part 2 of Order 14 inserted 2 PART 2—SENIOR COUNSEL 2 14.13 Qualification 2 14.14 Application 2 14.15 Appointment 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 133/2004 Supreme Court Act 1986 Supreme Court (Chapter II Amendment No. 6) Rules 2004 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend Chapter II of the Rules of the Supreme Court to provide for appointment of Senior Counsel. 2. Authorising provision These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Principal Rules In these Rules, the Supreme Court (Miscellaneous Civil Proceedings) Rules 19981 are called the Principal Rules. 4. Amendment of headings (1) For the heading to Order 14 of the Principal Rules substitute— "ORDER 14 ADMISSION TO PRACTISE AND SENIOR COUNSEL". (2) Before Rule 14.01 of the Principal Rules insert— "PART 1—ADMISSION TO PRACTISE". -- 2 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 133/2004 Supreme Court (Chapter II Amendment No. 6) Rules 2004 2 5. New Part 2 of Order 14 inserted After Rule 14.12 of the Principal Rules insert— "PART 2—SENIOR COUNSEL 14.13 Qualification (1) A person who is admitted to practise in Victoria and who is, and for many years has been, regularly practising exclusively or mainly as counsel, whether in Victoria or elsewhere within Australia, may be appointed Senior Counsel in and for the State of Victoria. (2) A person who is so appointed shall have full authority within Victoria to do all things that Queen's Counsel or other Senior Counsel within Victoria may do and in the same manner and form. 14.14 Application (1) A person who is qualified to be so appointed may apply in writing to the Chief Justice for appointment as Senior Counsel. (2) Such applications shall be made at such time each year and in such manner as the Chief Justice from time to time directs. (3) An applicant shall provide with the application such information as the Chief Justice requires. (4) An application under this Rule and all information provided to the Chief Justice relating to the application are confidential and are not open to inspection by any other person save at the direction of the Chief Justice. r. 5 -- 3 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 133/2004 Supreme Court (Chapter II Amendment No. 6) Rules 2004 3 14.15 Appointment (1) Appointment as Senior Counsel shall be in writing, signed by the Chief Justice and sealed with the seal of the Court and shall be announced in such manner and form as the Chief Justice determines. (2) A person so appointed shall have and may exercise in Court such precedence as the Chief Justice directs at the time of the appointment. (3) The appointment shall be entered on the Roll kept by the Prothonotary for the purpose.". Dated: 28 October 2004 M. L. WARREN, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A. STEPHEN CHARLES, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. G. M. EAMES, J.A. GEOFFREY NETTLE, J.A. P. D. CUMMINS, J. T. H. SMITH, J. DAVID ASHLEY, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. E. W. GILLARD, J. MURRAY B. KELLAM, J. r. 5 -- 4 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 133/2004 Supreme Court (Chapter II Amendment No. 6) Rules 2004 4 D. J. HABERSBERGER, J. R. S. OSBORN, J. JULIE DODDS-STREETON, J. R. F. REDLICH, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ═══════════════ r. 5 -- 5 of 6 -- Victorian Legislation Parliamentary Documents S.R. No. 133/2004 Supreme Court (Chapter II Amendment No. 6) Rules 2004 5 ENDNOTES 1 Rule 3: S.R. No. 110/1998. Reprint No. 1 as at 6 June 2002. Reprinted to S.R. No. 37/2002 and subsequently amended by S.R. No. 96/2003. Endnotes -- 6 of 6 --