County Court (Chapter II Amendment No. 3) Rules 2001

i County Court (Chapter II Amendment No. 3) Rules 2001 S.R. No. 77/2001 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. New Order 17 1 ORDER 17 1 JURY SERVICE APPEALS 1 17.01 Definitions 1 17.02 Application 2 17.03 Lodgment of appeal under section 10 2 17.04 Papers for Judge 3 17.05 Judge to consider papers 3 17.06 Hearing of appeal 3 17.07 If appellant does not appear at hearing 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2001 S.R. No. 77/2001 County Court Act 1958 Juries Act 2000 County Court (Chapter II Amendment No. 3) Rules 2001 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to provide for jury service appeals under the Juries Act 2000. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958, section 88(2) of the Juries Act 2000 and all other enabling powers. 3. Commencement These Rules come into operation on 1 August 2001. 4. New Order 17 After Order 16 of the County Court Miscellaneous Rules 19991 insert— 'ORDER 17 JURY SERVICE APPEALS 17.01 Definitions In this Order— -- 2 of 6 -- S.R. No. 77/2001 County Court (Chapter II Amendment No. 3) Rules 2001 2 "appellant" means any person who is aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 of the Act; "the Act" means the Juries Act 2000. 17.02 Application This Order applies to any proceeding in the Court under section 10 of the Act. 17.03 Lodgment of appeal under section 10 (1) An appellant shall deliver or send by post to the Juries Commissioner a notice of appeal stating— (a) the reasons why the appellant is aggrieved by the Juries Commissioner's decision; and (b) whether the appellant wishes to have the appeal determined by the Judge without any attendance by or on behalf of the appellant. (2) If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Juries Commissioner shall send to the appellant a notice— (a) directing that the appellant within 14 days of the date of service of the notice deliver or send by post reasons in writing to the Juries Commissioner; and (b) stating that if the appellant fails to do so the appeal will be taken to be abandoned. (3) If the appellant fails to deliver or send by post written reasons in accordance with the r. 4 -- 3 of 6 -- S.R. No. 77/2001 County Court (Chapter II Amendment No. 3) Rules 2001 3 notice in paragraph (2), the appeal is abandoned. 17.04 Papers for Judge After receiving a notice of appeal and reasons the Juries Commissioner shall without delay deliver all papers relating to the appeal to a Judge nominated by the Chief Judge. 17.05 Judge to consider papers (1) If the appellant has expressed the wish to have the appeal determined without any attendance by or on behalf of the appellant, the Judge after examining the papers may— (a) determine the appeal on the papers; or (b) set a date, time and place for hearing the appeal. (2) In any other case, the Judge after examining the papers may— (a) allow the appeal on the papers; or (b) set a date, time and place for hearing the appeal. (3) The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule. 17.06 Hearing of appeal Subject to Rule 17.07, at the hearing of an appeal the Judge— (a) shall hear the appellant; and (b) may permit the Juries Commissioner to take part in the appeal; and (c) shall conduct the appeal in such manner as the interests of justice require. r. 4 -- 4 of 6 -- S.R. No. 77/2001 County Court (Chapter II Amendment No. 3) Rules 2001 4 17.07 If appellant does not appear at hearing (1) If at the hearing of the appeal there is no attendance by or on behalf of the appellant, the Judge may determine the appeal on the papers. (2) The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule.'. Dated: 30 July 2001 G. R. D. WALDRON, CJ A. P. DUCKETT F. G. DYETT MARILYN HARBISON L. S. OSTROWSKI S. P. GEBHARDT T. A. NEESHAM J. M. PANNAM D. A. T. JONES TIMOTHY HOLT C. KEON-COHEN CAROLYN DOUGLAS R. P. L. LEWIS TIM WOOD J. H. BARNETT IAN C. ROBERTSON R. G. WILLIAMS G. R. ANDERSON FRED DAVEY LANSELL PILGRIM STUART CAMPBELL K. M. WILLIAMS M. G. McINERNEY JOHN BOWMAN T. G. WODAK R. LEWITAN F. J. SHELTON J. NICHOLSON WILLIAM R. WHITE ═══════════════ r. 4 -- 5 of 6 -- S.R. No. 77/2001 County Court (Chapter II Amendment No. 3) Rules 2001 5 ENDNOTES 1 Rule 4: S.R. No. 78/1999. Reprinted incorporating amendments as at 20 April 2000. Endnotes -- 6 of 6 --