Supreme Court (Chapter I Amendment No. 18) Rules 2001

i Supreme Court (Chapter I Amendment No. 18) Rules 2001 S.R. No. 111/2001 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Applications under Order 32 1 5. Update of definition 2 6. Subpoena before Prothonotary 2 7. Evidence transcript costs 2 8. Provision for taxation on an indemnity basis 2 9. New Rule 63.30.1 inserted 2 63.30.1 Indemnity basis 3 10. Taxation of disbursements 3 11. Consequential amendments following enactment of Corporations Act 3 12. Amendment of Appendix A 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2001 S.R. No. 111/2001 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 18) Rules 2001 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to Chapter I of the Rules of the Supreme Court. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Principal Rules In these Rules, Chapter I of the Rules of the Supreme Court1 is called the Principal Rules. 4. Applications under Order 32 (1) After Rule 32.08(2) of the Principal Rules insert— "(3) An order may be made by a Master under any of the Rules referred to in paragraphs (1) and (2).". (2) In Rule 77.02(1) of the Principal Rules, after "22.06(1)(d)" insert ", 32.08(3)". -- 2 of 7 -- S.R. No. 111/2001 Supreme Court (Chapter I Amendment No. 18) Rules 2001 2 5. Update of definition In Rule 33.03 of the Principal Rules, for the definition of "psychologist" substitute— ' "psychologist" means— (a) a registered psychologist within the meaning of the Psychologists Registration Act 2000; or (b) a person qualified to be registered under Part 2 of the Psychologists Registration Act 2000; or (c) a person who practises psychology in a place outside Victoria;'. 6. Subpoena before Prothonotary In Rule 42.10(16) of the Principal Rules, omit ", but not earlier than three months after the day specified in a subpoena under this Rule for production of the document,". 7. Evidence transcript costs In Rule 63.22.1 of the Principal Rules, omit "in a manner authorised by Part VI of the Evidence Act 1958". 8. Provision for taxation on an indemnity basis In Rule 63.28 of the Principal Rules, for paragraph (c) substitute— "(c) an indemnity basis; or (d) such other basis as the Court may direct.". 9. New Rule 63.30.1 inserted r. 5 -- 3 of 7 -- S.R. No. 111/2001 Supreme Court (Chapter I Amendment No. 18) Rules 2001 3 After Rule 63.30 of the Principal Rules insert— "63.30.1 Indemnity basis (1) Subject to paragraph (2), on a taxation on an indemnity basis all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred. (2) Any doubt which the Taxing Master may have as to whether the costs were unreasonably incurred or were unreasonable in amount shall be resolved in favour of the party to whom the costs are payable.". 10. Taxation of disbursements In Rule 63.43 of the Principal Rules, for paragraph (2) substitute— "(2) On the taxation, the disbursement may be allowed if— (a) it is paid before taxation; or (b) an undertaking to the Court, satisfactory to the Taxing Master, is given that it will be paid within a time specified in the undertaking.". 11. Consequential amendments following enactment of Corporations Act (1) In Rule 62.02(1)(f) of the Principal Rules omit "or the Corporations Law". (2) In Rule 73.01 of the Principal Rules, in the definition of "securities", in paragraph (a)(ii) omit "or under the Corporations Law". (3) In Rule 73.13(1) of the Principal Rules omit "or under the Corporations Law". 12. Amendment of Appendix A r. 12 -- 4 of 7 -- S.R. No. 111/2001 Supreme Court (Chapter I Amendment No. 18) Rules 2001 4 In Appendix A to the Principal Rules— (a) in item 1, for "originating proceeding (including a petition) or appeal, or to make or oppose any motion or application in the Court in its probate jurisdiction or under the Companies (Victoria) Code or the Corporations Law" substitute "proceeding or appeal"; (b) in item 2 omit "not otherwise provided for"; (c) in the heading immediately preceding item 11A omit "Law"; (d) in item 11A, for "Law" substitute "Act". Dated: 25 October 2001 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. ALEX CHERNOV, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. DAVID ASHLEY, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. -- 5 of 7 -- S.R. No. 111/2001 Supreme Court (Chapter I Amendment No. 18) Rules 2001 5 ROSEMARY BALMFORD, J. E. W. GILLARD, J. M. L. WARREN, J. TONY PAGONE, J. ═══════════════ r. 12 -- 6 of 7 -- S.R. No. 111/2001 Supreme Court (Chapter I Amendment No. 18) Rules 2001 6 ENDNOTES 1 Rule 3: S.R. No. 19/1996. Reprint No. 3 as at 12 July 2001 incorporating amendments up to S.R. No. 50/2001. Endnotes -- 7 of 7 --