County Court (Chapter II Amendment No. 1) Rules 1999

i County Court (Chapter II Amendment No. 1) Rules 1999 S.R. No. 79/1999 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Substitution of Order 2 2 APPEALS TO COUNTY COURT UNDER SUBDIVISION 1, DIVISION 4 OF PART 4 OF THE MAGISTRATES' COURT ACT 1989 AND UNDER DIVISION 8 OF PART 3 AND DIVISION 8 OF PART 4 OF THE CHILDREN AND YOUNG PERSONS ACT 1989 2 2.01 Application 2 2.02 Definitions 2 2.03 Notice of appeal (under section 83 of the Magistrates' Court Act 1989) undertaking to prosecute and Schedule 6 clause 1(4A) statement and Notice of Appeal by Director of Public Prosecutions 2 2.04 Notice pursuant to clause 1(4B)(a) of Schedule 6 to the Magistrates' Court Act 1989 3 2.05 Notice of appeal (under section 116 or 197 of the Children and Young Persons Act 1989) and undertaking to prosecute 3 2.06 Practitioner to notify that he or she acts 3 2.07 Notice of abandonment—imprisonment or detention 4 2.08 Notice of abandonment—other sentencing order 4 2.09 Application for leave to abandon appeal out of time 4 2.10 Notice of abandonment—Registrar to make order 4 2.11 Order striking out appeal 5 2.12 Registrar to fix appeal 5 2.13 Recording of decision 6 2.14 Copies of record 6 2.15 Application to set aside order striking out appeal for failure to appear 7 2.16 Application for rehearing of appeal 7 -- 1 of 32 -- Rule Page ii 2.17 Application for leave to apply out of time for rehearing of appeal 7 6. Substitution of forms 7 Form 2–2A—Notice of appeal (pursuant to section 83), undertaking to prosecute and acknowledgement of Schedule 6, clause 1(4A) Notice 8 Form 2–2B—Notice of appeal 11 Form 2–2C—Notice pursuant to Schedule 6 clause 1(4B)(a) of the Magistrates' Court Act 1989 12 Form 2-2D—Notice of appeal and undertaking to prosecute 14 Form 2–2E—Notice of abandonment of appeal 16 Form 2–2F—Notice of abandonment of appeal 17 Form 2–2G—Notice of abandonment of appeal 18 Form 2–2H—Application for leave to abandon appeal from the Magistrates' Court out of time 19 Form 2–2J—Order striking out appeal 20 Form 2–2K—Order striking out appeal 21 Form 2–2L—Notice to certain officials of a County Court's appeal decision 22 Form 2–2M—Notice to certain officials of County Court's appeal decision 23 Form 2–2N—Application to set aside order striking out appeal for failure to appear 24 Form 2–2O—Application for rehearing of appeal 26 Form 2–2P—Application for leave to apply out of time for rehearing of appeal 28 ═══════════════ NOTES 30 -- 2 of 32 -- 1 STATUTORY RULES 1999 S.R. No. 79/1999 County Court Act 1958 County Court (Chapter II Amendment No. 1) Rules 1999 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to revise the provisions concerning appeals to the Court from the Magistrates' Court in criminal proceedings. 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 July 1999. 4. Principal Rules In these Rules, the County Court Miscellaneous Rules 19991 are called the Principal Rules. -- 3 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 2 5. Substitution of Order 2 For Order 2 of the Principal Rules substitute— 'APPEALS TO COUNTY COURT UNDER SUBDIVISION 1, DIVISION 4 OF PART 4 OF THE MAGISTRATES' COURT ACT 1989 AND UNDER DIVISION 8 OF PART 3 AND DIVISION 8 OF PART 4 OF THE CHILDREN AND YOUNG PERSONS ACT 1989 2.01 Application This Order applies to any appeal from the Magistrates' Court under Subdivision 1 of Division 4 of Part 4 of the Magistrates' Court Act 1989 and any appeal under section 116 or section 197 of the Children and Young Persons Act 1989. 2.02 Definitions In this Order— "appeal" means an appeal to which this Order applies; and "appellant" has a corresponding meaning. 2.03 Notice of appeal (under section 83 of the Magistrates' Court Act 1989) undertaking to prosecute and Schedule 6 clause 1(4A) statement and Notice of Appeal by Director of Public Prosecutions (1) Subject to paragraph (2), a notice of appeal, undertaking to prosecute an appeal and statement pursuant to clause 1(4A) of Schedule 6 to the Magistrates' Court Act 1989 shall be in Form 2–2A. r. 5 -- 4 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 3 (2) A notice of appeal by the Director of Public Prosecutions for the purposes of Schedule 6 to the Magistrates' Court Act 1989, shall be in Form 2–2B. 2.04 Notice pursuant to clause 1(4B)(a) of Schedule 6 to the Magistrates' Court Act 1989 A notice pursuant to clause 1(4B)(a) of Schedule 6 of the Magistrates' Court Act 1989 shall be in Form 2–2C. 2.05 Notice of appeal (under section 116 or 197 of the Children and Young Persons Act 1989) and undertaking to prosecute A notice of appeal and undertaking to prosecute an appeal under section 116 or section 197 of the Children and Young Persons Act 1989, for the purposes of Schedule 6 to the Magistrates' Court Act 1989, shall be in Form 2–2D. 2.06 Practitioner to notify that he or she acts (1) If a practitioner is engaged to act on behalf of an appellant or respondent, the practitioner shall without delay notify the Registrar in writing that he or she so acts and furnish an address for service. (2) If a practitioner ceases to act on behalf of an appellant or respondent or changes the address for service, the practitioner shall without delay so notify the Registrar in writing. r. 5 -- 5 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 4 2.07 Notice of abandonment—imprisonment or detention A notice of abandonment of an appeal against a sentencing order which imposed a term of imprisonment or detention shall be in Form 2–2E. 2.08 Notice of abandonment—other sentencing order A notice of abandonment of an appeal against a sentencing order which did not impose a term of imprisonment or detention shall be in Form 2–2F or Form 2–2G if the notice of abandonment of appeal concerns an appeal under section 116 or section 197 of the Children and Young Persons Act 1989. 2.09 Application for leave to abandon appeal out of time An application for leave to abandon an appeal from the Magistrates' Court out of time shall be in Form 2–2H. 2.10 Notice of abandonment—Registrar to make order When a notice of abandonment of appeal is filed or leave has been granted to abandon an appeal— (a) against a sentencing order; or (b) which concerns an appeal under section 116 or section 197 of the Children and Young Persons Act 1989— the Registrar shall make an order striking out the appeal. r. 5 -- 6 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 5 2.11 Order striking out appeal (1) An order striking out an appeal under section 86(3)(b), (3A)(b) or clause 1 of Schedule 6 to the Magistrates' Court Act 1989 shall be in Form 2–2J or in Form 2–2K if the order concerns an appeal under section 116 or section 197 of the Children and Young Persons Act 1989. (2) If an order is made under paragraph (1) the Registrar shall cause a copy of the order to be forwarded to— (a) the registrar of the Magistrates' Court at the venue of the court from which the appeal was brought; or (b) the registrar of the Children's Court at the venue of the court from which the appeal was brought if the appeal is under section 116 or section 197 of the Children and Young Persons Act 1989. 2.12 Registrar to fix appeal (1) The Registrar shall— (a) fix the date and place for hearing of the appeal; and (b) notify in writing each party and each practitioner who has given notice under Rule 2.06 of the date and place of hearing a reasonable time before the hearing. r. 5 -- 7 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 6 (2) Notification in writing under paragraph (b) may be by pre-paid ordinary mail or where a practitioner for a party has facilities for the reception of documents in a document exchange by delivering the notification into those facilities. 2.13 Recording of decision (1) When the appeal is determined by the Court, the Associate to the Judge who heard the appeal shall in all cases, record the sentence or particulars of the decision, in quadruplicate, in Form 2–2L, or Form 2–2M if the appeal is an appeal under section 116 or section 197 of the Children and Young Persons Act 1989, which record shall constitute the final record of the order of the Court on the appeal. (2) If a number of appeals is heard together, it is not necessary to record the sentence or particulars required by paragraph (1) on separate forms for each appeal but it is necessary for the sentence or particulars of each charge to be recorded in full. 2.14 Copies of record (1) The Associate shall deliver— (a) three copies of the record of the order of the Court to the Registrar who shall— (i) file one copy; and (ii) send one copy to the Registrar of the Magistrates' Court or Children's Court at the venue of the Court from which the appeal was brought; and r. 5 -- 8 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 7 (iii) if the appellant is required to serve a term of imprisonment or detention, deliver one copy to the person responsible for keeping the appellant; and (b) if the appellant is required to serve a sentence of imprisonment or detention, one copy of the record of the order of the Court to the prison officer responsible for conveying the appellant to the place of imprisonment or detention. (2) The record shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record. 2.15 Application to set aside order striking out appeal for failure to appear An application to set aside an order striking out an appeal for failure to appear shall be in Form 2–2N. 2.16 Application for rehearing of appeal An application for a rehearing of an appeal which has been heard and determined in an appellant's absence shall be in Form 2–2O. 2.17 Application for leave to apply out of time for rehearing of appeal An application for leave to apply out of time for rehearing of an appeal which has been heard and determined in an appellant's absence shall be in Form 2–2P.'. 6. Substitution of forms For Forms 2–2A, 2–2AA, 2–2AB, 2–2B, 2–2C, 2– 2CA, 2–2D, 2–2E and 2–2F of the Principal Rules substitute— r. 6 -- 9 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 8 'Rule 2.03(1) FORM 2–2A NOTICE OF APPEAL (PURSUANT TO SECTION 83), UNDERTAKING TO PROSECUTE AND ACKNOWLEDGEMENT OF SCHEDULE 6, CLAUSE 1(4A) NOTICE The name of the appellant is: The name of the respondent is: 1. To the Registrar of the Magistrates' Court at 2. To the Registrar of the County Court at 3. To the abovenamed respondent A. The proceeding(s) appealed from: 1. Venue of the Magistrates' Court appealed from: 2. Plea entered in the Magistrates' Court: 3. Date of conviction(s)/order(s): 4. Nature of offence(s)/proceeding(s): 5. Particulars of sentencing order(s): B. The appeal is to be heard by the County Court *at a.m. [or p.m.] on [date] at , [or] *at time and place to be fixed by the Registrar of the County Court. C. General Grounds of Appeal *1. that the Appellant is not guilty. *2. that the punishment is excessive. D. 1. Appellant's personal address for service: 2. Solicitor's name and address for service: E. The appellant requests the Registrar of the County Court to list the appeal. Dated: Signature of *Appellant/*Solicitor for Appellant. * Delete if inapplicable. UNDERTAKING TO PROSECUTE r. 6 -- 10 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 9 I, [name] of [address] UNDERTAKE to (i) (a) *appear at the County Court to prosecute the appeal at a.m. [or p.m.] on [date] , at 223 William Street, Melbourne and to be present in the County Court for the duration of the appeal; and OR (b) *appear at the County Court sitting at to prosecute the appeal on a day to be fixed by the Deputy Registrar of the Court, and to be present in that Court for the duration of the appeal; AND (ii) to notify the *Registrar of the County Court in writing of any change of address from that appearing in the notice of appeal. Dated: Signature of Appellant In the presence of: [Qualification of witness: see clause 2(2), Schedule 6, Magistrates' Court Act 1989] * Delete if inapplicable. STATEMENT CONCERNING APPEALS FROM THE MAGISTRATES' COURT (PURSUANT TO SECTION 83), TO THE COUNTY COURT I (the appellant against a sentencing order of the Magistrates' Court at made on day of [date] in which was the informant and I was the defendant), acknowledge that I am aware of the fact that on the hearing of my appeal from that sentencing order the County Court may make a sentencing order more severe than that which has been imposed on me by the Magistrates' Court. Dated: Appellant In the presence of: [Qualification of witness: see clause 2(2), Schedule 6, Magistrates' Court Act 1989] FURTHER INFORMATION FOR APPELLANT r. 6 -- 11 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 10 INFORMATION CONCERNING ABANDONING AN APPEAL If you decide to abandon your appeal, this can only be done as of right within 30 days from the date of the Magistrates' Court decision. [Schedule 6, clause 6(2A)]. Beyond this 30 day time period you will require leave of the County Court to abandon your appeal. You may make an application seeking such leave before or after the County Court commences to hear the appeal. However, to succeed on such application the Court must be satisfied that it is in the interests of justice to do so because of exceptional circumstances. [Schedule 6, clauses 6(2A) and (2C)]. INFORMATION CONCERNING FAILURE TO APPEAR AT AN APPEAL If you fail to appear at the appeal hearing the Court may proceed to hear the matter in your absence or may strike out your appeal or adjourn the proceedings on any terms that it thinks fit. [section 86(3A)]. INFORMATION CONCERNING COSTS OF AN APPEAL If the Court strikes out or dismisses your appeal, it may order you to pay all or a specified portion of the respondent's costs if it is satisfied that the appeal was brought vexatiously or frivolously or in abuse of process. [section 88AA(1)]. LEGAL ASSISTANCE If you wish to make application for legal assistance you must make application in writing to Victoria Legal Aid. The Court office can advise you of the address of the nearest Victoria Legal Aid office. Such application must be made forthwith because the processing of an application may take some time. It is in your interest to take all necessary steps promptly so that should you be granted aid, there will be sufficient time for advice to be given to you concerning the question of abandonment or your representation at the hearing of your appeal. I have read the above information (signed) Appellant _______________ r. 6 -- 12 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 11 Rule 2.03(2) FORM 2–2B NOTICE OF APPEAL [under section 84 of the Magistrates' Court Act 1989] The name of the appellant is: The Director of Public Prosecutions The name and address of the respondent is: 1. To the Registrar of the Magistrates' Court at 2. To the Registrar of the County Court at 3. And to the abovenamed respondent A. The proceeding(s) appealed from— 1. Venue of the Magistrates' Court appealed from: 2. Plea entered in the Magistrates' Court: 3. Date of conviction(s)/order(s): 4. Nature of offence(s)/proceeding(s): 5. Particulars of sentencing order(s): B. The appeal is to be heard by the County Court *at a.m. [or p.m.] on [date] , at , *[or at a time and place to be fixed by the Registrar of the County Court]. C. General Grounds of Appeal *1. that the Respondent is guilty. *2. that the punishment is inadequate. D. 1. Appellant's address for service: 2. Appellant's reference is: E. The Appellant requests the Registrar of the County Court to list the appeal. Dated: Signature of Appellant * Delete if inapplicable. _______________ r. 6 -- 13 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 12 Rule 2.04 FORM 2–2C NOTICE PURSUANT TO SCHEDULE 6 CLAUSE 1(4B)(a) OF THE MAGISTRATES' COURT ACT 1989 [Magistrates' Court Act 1989 Schedule 6, clause 1(4B)(a) and (b)] To the Appellant: TAKE NOTICE that on your appeal from the sentencing order made against you in the Magistrates' Court, the County Court may make a sentencing order which is more severe than that which has been imposed on you by the Magistrates' Court. ALSO TAKE NOTICE THAT you must sign the acknowledgement contained in your Notice of Appeal that you have been advised of this power, namely, that on your appeal the County Court may make a sentencing order which is more severe than that which has been imposed on you by the Magistrates' Court. Notes: 1. A person who, pursuant to section 83 of the Magistrates' Court Act, appeals against any sentencing order made against that person by the Magistrates' Court in a criminal proceeding conducted in accordance with Schedule 2, is required to sign the statement in the notice of appeal that he or she acknowledges that he or she is aware of the fact that on the hearing of the appeal from the sentencing order of the Magistrates' Court the County Court may make a sentencing order more severe than that which has been imposed by the Magistrates' Court. [See clause 1(4A), Schedule 6, Magistrates' Court Act 1989] 2. Before accepting receipt of a notice of appeal under section 83 a Registrar of the Magistrates' Court must— * give to the person seeking to file the notice of appeal a notice (this notice) in the form which has been approved by the Chief Judge of the County Court to the effect that on the appeal the County Court may make a sentencing order more severe than that sought to be appealed against. [See clause 1(4B)(a), Schedule 6, Magistrates' Court Act 1989] r. 6 -- 14 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 13 * if the person seeking to file the notice of appeal is not the proposed appellant, be satisfied that the proposed appellant has signed the statement required to be included in the notice of appeal. [See clause 1(4B)(b), Schedule 6, Magistrates' Court Act 1989] _______________ r. 6 -- 15 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 14 Rule 2.05 FORM 2-2D NOTICE OF APPEAL AND UNDERTAKING TO PROSECUTE [under section 116 or section 197 of the Children and Young Persons Act 1989] The name of the appellant is: The name and address of the respondent is: 1. To the Registrar of the Children's Court at: 2. To the Registrar of the County Court at: 3. And to the abovenamed respondent: A. The proceeding(s) appealed from— 1. Venue of the Children's Court appealed from: 2. Date(s) of order(s) made in the Children's Court: 3. Particulars of order(s) [if space insufficient attach extra page(s)] B. The appeal is to be heard by the County Court *at a.m. [or p.m.] on [date] , at , [or] *at a time and place to be fixed by the Registrar of the County Court. C. General Grounds of Appeal [insert particulars] D. 1. Appellant's personal address for service: 2. Solicitor's name and address for service: E. The appellant requests the Registrar of the County Court to list the appeal. Dated: Signature of *Appellant/*Solicitor for Appellant * Delete if inapplicable. UNDERTAKING TO PROSECUTE r. 6 -- 16 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 15 I, [name] of [address] UNDERTAKE to (i) (a) *appear at the County Court to prosecute the appeal at a.m. [or p.m.] on [date] , at 223 William Street, Melbourne, to be present in the County Court for the duration of the appeal; and OR *appear at the County Court sitting at to prosecute the appeal on a day to be fixed by the Registrar of the County Court and to be present for the duration of the appeal; and (ii) to notify the Registrar of the County Court in writing of any change of address from that appearing in the notice of appeal. Dated: Signature of appellant In the presence of: [Qualification of witness: see clause 2(2), Schedule 6, Magistrates' Court Act 1989 as amended by section 116 of the Children and Young Persons Act 1989] * Delete if inapplicable. _______________ r. 6 -- 17 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 16 Rule 2.07 FORM 2–2E NOTICE OF ABANDONMENT OF APPEAL [When sentence of imprisonment or detention imposed] In the County Court of Victoria at The name of the appellant is: The name and address of the respondent is: 1. To the Registrar of the County Court at: 2. To the abovenamed respondent: I wish to abandon my appeal against *conviction/*sentence/*order. I give notice of the abandonment of the appeal, particulars of which are set out below: 1. Venue of Magistrates' Court at which conviction/sentence/order was imposed or made: 2. County Court appealed to: 3. Name of respondent: 4. Name of appellant: 5. Date of charge: 6. Nature of offence (state shortly): 7. Sentence or order of Magistrates' Court: I acknowledge that the sentence or order appealed from shall take effect. [*and I surrender myself to the Registrar of the County Court at .] Dated: Signature of appellant * Delete if inapplicable. _______________ r. 6 -- 18 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 17 Rule 2.08 FORM 2–2F NOTICE OF ABANDONMENT OF APPEAL [Where sentencing order did not impose imprisonment or detention] In the County Court of Victoria at The name of the appellant is: The name and address of the respondent is: 1. To the Registrar of the County Court at: 2. To the abovenamed respondent: I wish to abandon my appeal against *conviction/*sentence/*order. I give notice of the abandonment of the appeal, particulars of which are set out below: 1. Venue of Magistrates' Court at which conviction/sentence/order was imposed or made: 2. County Court appealed to: 3. Name of respondent: 4. Name of appellant: 5. Date on charge sheet: 6. Nature of offence (state shortly): 7. Sentence or order of Magistrates' Court: I acknowledge that the sentence or order appealed from shall now take effect. Dated: Signature of appellant * Delete if inapplicable. _______________ r. 6 -- 19 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 18 Rule 2.08 FORM 2–2G NOTICE OF ABANDONMENT OF APPEAL [Where appeal is under section 116 or section 197 of the Children and Young Persons Act 1989] In the County Court of Victoria at The name of the appellant is: The name and address of the respondent(s) are: I wish to abandon my appeal against the order(s) made by the Children's Court. I give notice of the abandonment of the appeal, particulars of which are set out below: 1. Venue of Children's Court at which order(s) were made: 2. Date of order(s): 3. Particulars of order(s) [if space insufficient attach extra page(s)] I acknowledge that the order(s) appealed from shall now take effect. Dated: Signature of appellant _______________ r. 6 -- 20 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 19 Rule 2.09 FORM 2–2H APPLICATION FOR LEAVE TO ABANDON APPEAL FROM THE MAGISTRATES' COURT OUT OF TIME 1. In the County Court of Victoria at: 2. The name of the appellant is: 3. The name and address of the respondent is: of: 4. To the Registrar of the County Court at and To the abovenamed respondent: 5. I wish to abandon my appeal out of time. 6. I give notice of my application for leave to abandon the appeal out of time, particulars of which are set out below: 7. Date charge(s) or proceeding(s) initiated: 8. Nature of offence(s) or proceeding(s) (state shortly): 9. Date of sentencing order(s) in the Magistrates' Court: 10. Venue of Magistrates' Court where proceeding(s) heard: Magistrates' Court at: Thirty (30) days having expired since the day on which the sentencing order of the Magistrates' Court was made, I seek leave of the County Court to abandon my appeal because of the existence of exceptional circumstances: [state briefly the exceptional circumstances] Dated: Appellant This application for leave to abandon appeal will be listed for hearing before the County Court at at a.m./p.m. on *Registrar/*Deputy Registrar (A copy of this notice to be given to the Appellant) _______________ r. 6 -- 21 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 20 Rule 2.11(1) FORM 2–2J In the County Court of Victoria at County Court No. Magistrates' Court No. In the matter of: Magistrates' Court Act 1989 and In the matter of an appeal by: ORDER STRIKING OUT APPEAL *Judge/*Registrar: Date made: The Appellant *failed to appear at the time listed for the hearing of the appeal [or] *abandoned the appeal in accordance with clause 6(1) or (2) of Schedule 6 to the Magistrates' Court Act 1989 [or] *leave to abandon the appeal out of time has been granted by the Court in accordance with clauses 6(2A) and 6(2C) of Schedule 6 to the Magistrates' Court Act 1989. The Court orders that the appeal be struck out. [When a custodial order was imposed in the Magistrates' Court—the Appellant *has/*has not been returned to custody] Date: *Judge/*Registrar * Delete if inapplicable. [A copy of this order is to be provided to: The Magistrates' Court The respondent or to the respondent's legal practitioner]. _______________ r. 6 -- 22 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 21 Rule 2.11(1) FORM 2–2K ORDER STRIKING OUT APPEAL In the County Court of Victoria at In the matter of the Children and Young Persons Act 1989 and In the matter of an appeal by [name of appellant] ORDER Judge: Date made: The Appellant *failed to appear at the time listed for the hearing of the appeal [or] *abandoned the appeal in accordance with clause 6 of Schedule 6 to the Magistrates' Court Act 1989. The Court orders that the appeal be struck out. [When a custodial order was imposed in the Children's Court—the Appellant *has/*has not been returned to custody] Date: *Judge/*Registrar * Delete if inapplicable. [A copy of this order is to be provided to: The Children's Court The respondent or to the respondent's legal practitioner]. _______________ r. 6 -- 23 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 22 Rule 2.13 FORM 2–2L NOTICE TO CERTAIN OFFICIALS OF A COUNTY COURT'S APPEAL DECISION To the Registrar of the County Court at: To the Registrar of the Magistrates' Court at: To the Officer in charge of the prison at: To the Superintendent of the Youth Training Centre at: Regarding an Appeal from a conviction(s)—recorded at the Magistrates' Court at on [date] a sentence(s) an order Appellant Respondent The details are as follows: Registrar's Number Order/Conviction appealed against Sentence appealed against Result of Appeal [When a custodial sentence was imposed (confirmed)—the Appellant *has/*has not been returned to custody] Before His/Her Honour Judge at on [date] . Associate Registrar * Delete if inapplicable. _______________ r. 6 -- 24 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 23 Rule 2.13 FORM 2–2M NOTICE TO CERTAIN OFFICIALS OF COUNTY COURT'S APPEAL DECISION To the Registrar of the County Court at: To the Registrar of the Children's Court at: Regarding an Appeal from order(s)—recorded at the Children's Court at on [date] Appellant Respondent The details are as follows: Registrar's Number Order(s) Appealed Against Result of Appeal [When a custodial sentence was imposed (confirmed)—the Appellant *has/*has not been returned to custody] Before His/Her Honour Judge at on [date] . Associate Registrar * Delete if inapplicable. _______________ r. 6 -- 25 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 24 Rule 2.15 FORM 2–2N APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR [section 89A of the Magistrates' Court Act 1989] To: The Registrar of the County Court Appeal No: [date] at and To: The Respondent of Appellant's name Address MAGISTRATES' COURT APPEALED FROM: I hereby apply for an order setting aside an order made on / / striking out my appeal for my failure to appear. The application is made on the grounds that the appellant's failure to appear was not due to fault or neglect on the part of the appellant [give details]. Dated: Signature of Appellant [Notice of this application must be served on the respondent a reasonable time before making of the application and in the same way as a notice of appeal—section 89] If the County Court grants the application it must order the reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 6 -- 26 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 25 [Office use only] To: 1. The Appellant 2. Criminal Trial Listing Directorate 3. Prosecuting Agency The Application for reinstatement is listed for at a.m. Registrar _______________ r. 6 -- 27 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 26 Rule 2.16 FORM 2–2O APPLICATION FOR REHEARING OF APPEAL [Where an appeal has been heard in the absence of the appellant] To: The Registrar of the County Court Appeal No: [date] at and To: The Respondent of Appellant's name Address MAGISTRATES' COURT APPEALED FROM I hereby apply for a rehearing of my appeal which was heard on / / in my absence. The application is made on the grounds that the appellant's failure to appear was not due to fault or neglect on the part of the appellant— section 89A(6) (reasons for non-appearance must be endorsed herein—section 89A(4)(a) Dated: Signature of Appellant [Notice of this application must be served on the respondent a reasonable time before the making of the application and in the same way as a notice of appeal—section 89A(4)(b)] If the County Court grants the application it must order the reinstatement of the Magistrates' Court order and reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal— section 89A(5)(a) and (b). The granting of the application for rehearing acts as a stay of the sentencing order of the Magistrates' Court—section 89A(5)(c) [Office use only] r. 6 -- 28 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 27 To: 1. The Appellant 2. Criminal Trial Listing Directorate 3. Prosecuting Agency 4. The Registrar of the Magistrates' Court at The Application for rehearing is listed for at a.m. Registrar _______________ r. 6 -- 29 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 28 Rule 2.17 FORM 2–2P APPLICATION FOR LEAVE TO APPLY OUT OF TIME FOR REHEARING OF APPEAL To: The Registrar of the County Court Appeal No: [date] at and To: The Respondent of Appellant's name Address MAGISTRATES' COURT APPEALED FROM I hereby apply for leave to file this application outside the prescribed period of 30 days from the date of hearing of the appeal. My appeal was heard on / / in my absence. The application is made on the grounds that the appellant's failure to apply for a rehearing of the appeal within 30 days after being notified in writing of the determination of the appeal is due to the following exceptional circumstances—section 89A(3). State here the exceptional reasons for not applying for rehearing within 30 days of being notified of determination Dated: Signature of Appellant [Notice of this application must be served on the respondent a reasonable time before the making of the application and in the same way as a notice of appeal—section 89A(4)(b)] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 6 -- 30 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 29 [Office use only] To: 1. The Appellant 2. Criminal Trial Listing Directorate 3. Prosecuting Agency 4. Registrar of the Magistrates' Court at The Application for Leave is listed for at a.m. Registrar.'. Dated: 22 June 1999 G. R. D. WALDRON, CJ STUART CAMPBELL P. U. RENDIT DAVID MORROW JOHN K. NIXON M. G. McINERNEY FRANK WALSH MARGARET RIZKALLA L. S. OSTROWSKI T. G. WODAK D. A. T. JONES F. J. SHELTON M. HIGGINS WILLIAM R. WHITE M. J. STRONG B. R. DOVE LESLIE C. ROSS S. P. GEBHARDT R. P. L. LEWIS TIMOTHY HOLT J. H. BARNETT CAROLYN DOUGLAS E. H. CURTAIN G. R. ANDERSON R. G. WILLIAMS K. WILLIAMS ═══════════════ r. 6 -- 31 of 32 -- S.R. No. 79/1999 County Court (Chapter II Amendment No. 1) Rules 1999 30 NOTES 1 Rule 4: S.R. No. 78/1999. Notes -- 32 of 32 --