Supreme Court (Chapter II Amendment No. 5) Rules 2003

Victorian Legislation and Parliamentary Documents i Supreme Court (Chapter II Amendment No. 5) Rules 2003 S.R. No. 96/2003 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Leave to appeal out of time 1 6. New heading to Order 12 2 7. Definition 2 8. New Rule 12.02 2 12.02 Application 2 9. New Part 2 of Order 12 2 PART 2—ABSENT JURORS 2 12.08 Application of Part 2 12.09 Juries Commissioner 3 12.10 Procedure 3 10. Cross-vesting 3 13.10 Exercise of powers of the Court 3 11. Amendment of Order 20 3 12. Substitution of Rule 20.03 4 20.03 Notice of petition 4 13. Summons for directions 4 14. Revocation of Rule 20.06(1) 4 15. Summons for directions 4 16. Parliamentary papers 4 17. New Forms 2–12A and 2–12B 5 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 96/2003 Supreme Court Act 1986 Supreme Court (Chapter II Amendment No. 5) Rules 2003 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the Principal Rules consequent upon the enactment of the Juries Act 2000 and the Electoral Act 2002 and to make other miscellaneous amendments. 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 1 August 2003. 4. Principal Rules In these Rules, the Supreme Court (Miscellaneous Civil Proceedings) Rules 19981 are called the Principal Rules. 5. Leave to appeal out of time At the end of Rule 4.05 of the Principal Rules insert— "(2) If an extension of time is needed within which to apply for leave to appeal, an application for that extension may be made to, and determined by, the Master in -- 2 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 2 conjunction with the application for leave to appeal and, if granted, the extension may be granted retrospectively.". 6. New heading to Order 12 In Order 12 of the Principal Rules for— "JURY SERVICE APPEALS" substitute— "JURY SERVICE PART 1—APPEALS". 7. Definition In Rule 12.01 of the Principal Rules— (a) for "Order" substitute "Part"; (b) the definition of "the Act" is revoked. 8. New Rule 12.02 For Rule 12.02 of the Principal Rules substitute— "12.02 Application This Part applies to any proceeding in the Court under section 10 of the Juries Act 2000.". 9. New Part 2 of Order 12 After Rule 12.07 of the Principal Rules insert— "PART 2—ABSENT JURORS 12.08 Application of Part This Part applies to an application to have a person dealt with in a summary way under section 81 of the Juries Act 2000 for not r. 6 -- 3 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 3 attending when summoned under section 27 of that Act. 12.09 Juries Commissioner An application under this Part shall be made by the Juries Commissioner. 12.10 Procedure (1) The application shall be made by originating motion in Form 2–12A and shall be supported by an affidavit in Form 2–12B. (2) The originating motion and the affidavit in support shall be served personally on the respondent unless the Court otherwise orders.". 10. Cross-vesting For Rule 13.10 of the Principal Rules substitute— "13.10 Exercise of powers of the Court (1) Subject to paragraph (2), the power of the Court under a cross-vesting law and this Order shall be exercised by a Judge. (2) A Master shall have the same power and authority as under Chapter I.". 11. Amendment of Order 20 In Rule 20.01 of the Principal Rules, for the definition of "the Act" substitute— ' "the Act" means the Electoral Act 2002.'. r. 10 -- 4 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 4 12. Substitution of Rule 20.03 For Rule 20.03 of the Principal Rules substitute— "20.03 Notice of petition Unless the petitioner is the Victorian Electoral Commission, the petitioner shall give notice to the Commission of the filing of a petition under section 133 of the Act.". 13. Summons for directions In Rule 20.04(1) of the Principal Rules, for "after receiving notice under Rule 20.03(2)" substitute "after filing the petition". 14. Revocation of Rule 20.06(1) Rule 20.06(1) of the Principal Rules is revoked. 15. Summons for directions For Rule 20.07(1), of the Principal Rules substitute— "(1) When a statement of a question is received under section 143 of the Act, the Prothonotary shall, subject to any order of the Court, give to the President or the Speaker (as the case requires), the Attorney- General and the Victorian Electoral Commission and to any member referred to in the question notice of a time and place where the Court will give directions for the conduct of the proceeding.". 16. Parliamentary papers In Rule 20.08 of the Principal Rules for "transmitted to the Court under section 301" substitute "given to the Court under section 144". r. 12 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 5 17. New Forms 2–12A and 2–12B After Form 2–1A to the Principal Rules insert— 'FORM 2–12A Rule 12.10(1) ORIGINATING MOTION IN THE SUPREME COURT 20 No. OF VICTORIA AT BETWEEN The Juries Commissioner Applicant and [Name of person summoned] Respondent TAKE NOTICE that you [name of respondent] are required to attend before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne on [date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows when the applicant will apply under section 81 of the Juries Act 2000 to have you dealt with in a summary way for not attending for jury service when summoned under section 27 of that Act. FILED [e.g. 15 June, 20 ]. Prothonotary The address for service of the applicant is— TO THE RESPONDENT [name and address] __________________ r. 17 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 6 FORM 2–12B Rule 12.10(1) AFFIDAVIT IN SUPPORT OF ORIGINATING MOTION TO DEAL WITH ABSENT JUROR [heading as in originating motion] I [name of the Juries Commissioner], of [address] make oath and say: 1. I am the Juries Commissioner under the Juries Act 2000 ("the Act"). 2. The name and occupation of the respondent, so far as known to me, are: [name and occupation, or if unemployed state "unemployed"]. 3. A summons issued to the respondent under section 27 of the Act. The date of the summons was [insert date]. 4. The respondent was served by post with the summons. It was posted to the respondent at [address] on [date]. 5. By the summons, the respondent was required to attend at [place] on [date]. That date was *not postponed/*postponed to: [date]. 6. The respondent failed to attend in response to the summons. The date on which the respondent failed to attend was: [insert date]. *7. The respondent has not given me or my officers any reason for failing to attend in response to the summons. or *7. The respondent has given me or my officers a reason for failing to attend in response to the summons. That reason is: [set out reason given]. Sworn, etc. *Delete if inapplicable.'. __________________ r. 17 -- 7 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 7 Dated: 31 July 2003 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. F. H. R. VINCENT, J.A. G. M. EAMES, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. ROSEMARY BALMFORD, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. GEOFFREY NETTLE, J. K. WILLIAMS, J. ═══════════════ r. 17 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 96/2003 Supreme Court (Chapter II Amendment No. 5) Rules 2003 8 ENDNOTES 1 Rule 4: S.R. No. 110/1998. Reprint (No. 1) incorporating amendments as at 6 June 2002. Endnotes -- 9 of 9 --