County Court (Chapter I Amendment No. 35) Rules 1998

i County Court (Chapter I Amendment No. 35) Rules 1998 S.R. No. 85/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Solicitor ceasing to act 1 5. Heading of document 2 6. Form of document 3 7. Damages List 3 8. Damages (Applications) Division of Damages List 3 9. Annexures and exhibits 4 10. Judge, Master or Registrar to authenticate judgment given or order 4 11. Rule 71.01 definitions 4 12. Reference to co-operative inserted 5 13. Rule 73.01 definition 5 14. New Form 43A inserted 5 15. Amendment to Forms 61D and 61K 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1998 S.R. No. 85/1998 County Court Act 1958 County Court (Chapter I Amendment No. 35) Rules 1998 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 19891 are called the Principal Rules. 4. Solicitor ceasing to act (1) For Rule 20.03(2) of the Principal Rules substitute— "(2) A notice under paragraph (1) shall state the address of the party last known to the solicitor and— (a) if a proceeding has been set down for trial in Melbourne, the day on which the proceeding is fixed for hearing; or -- 2 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 2 (b) if a proceeding has been set down for trial elsewhere than in Melbourne, the first day of the next sitting of the Court at the place for which it is set down for trial.". (2) In Rule 20.03(3) of the Principal Rules, for sub-paragraph (b) substitute— "(b) where a proceeding has been set down for trial— (i) in Melbourne, within 60 days of the day on which the proceeding has been fixed for hearing; or (ii) elsewhere than in Melbourne, within 60 days of the next sitting of the Court at the place for which it is set down for trial.". 5. Heading of document 2 (1) For Rule 27.02(3) of the Principal Rules substitute— "(3) Subject to paragraphs (5) and (6), the heading of a document shall include the title to the proceeding and the title to the proceeding shall name the parties.". (2) For Rule 27.02(5) of the Principal Rules substitute— '(5) Where there are more than two plaintiffs the heading of a document shall state the full name of the first plaintiff followed by the words "and others" and similarly with respect to defendants and other parties.'. r. 5 -- 3 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 3 (3) In Rule 27.02(6) of the Principal Rules— (a) for "the document is entitled" substitute "the heading of the document is"; and (b) in paragraph (a), omit "attached". 6. Form of document (1) In Rule 27.03(5) of the Principal Rules for "and the title to the proceeding" substitute "of the document". (2) In Rule 27.03(6) of the Principal Rules omit "and the title to the proceeding". 7. Damages List In Rule 34A.03(c) of the Principal Rules, after sub-paragraph (iv), insert— "(v) section 6 of the Choice of Law (Limitation Periods) Act 1993.". 8. Damages (Applications) Division of Damages List (1) In Rule 34A.04(1) of the Principal Rules for "and the Damages (Medical) Division" substitute ", the Damages (Medical) Division and the Damages (Applications) Division". (2) In Rule 34A.04(2) of the Principal Rules after "Defamation Division" insert ", Damages (Medical) Division or the Damages (Applications) Division". (3) After Rule 34A.04(4) of the Principal Rules insert— "(5) The Damages (Applications) Division shall consist of any proceeding referred to in Rule 34A.03(c).". r. 6 -- 4 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 4 9. Annexures and exhibits (1) In Rule 43.06(2) of the Principal Rules for "title" substitute "heading". (2) After Rule 43.06(2) of the Principal Rules insert— "(3) The certificate shall be in Form 43A and shall contain in the bottom right hand corner of the page in bold type and in a font size not less than 20 points the distinguishing mark of the exhibit and a brief and specific description of the exhibit.". 10. Judge, Master or Registrar to authenticate judgment given or order 3 For Rule 60A.04(1) of the Principal Rules substitute— "(1) Where a judgment given or an order other than a judgment or order under Rule 59.06 is to be authenticated, it shall be authenticated— (a) in accordance with Rule 60A.02(1)(a) and the form of the order shall be signed by the Judge or Master who gave the judgment or made the order; or (b) by the Registrar in accordance with Rule 60A.02(1)(b).". 11. Rule 71.01 definitions In Rule 71.01(1) of the Principal Rules— (a) insert the following definition— ' "co-operative" means a body registered or deemed to be registered under the Co- operatives Act 1996 as a co- operative;'; r. 9 -- 5 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 5 (b) in the definition of "society" omit "and a society registered under Part III of the Co- operation Act 1981". 12. Reference to co-operative inserted (1) In Rule 71.03(1) of the Principal Rules for "in a bank or in a society" substitute "in a bank, co- operative or society". (2) In Rule 71.03(2) of the Principal Rules for "in a bank or in a society" substitute "in a bank, co- operative or society". 13. Rule 73.01 definition (2) In Rule 73.01 of the Principal Rules, in the definition of "corporation", for "society registered under Part III of the Co-operation Act 1981" substitute "body registered or deemed to be registered under Part 2 of the Co-operatives Act 1996 as a co-operative". 14. New Form 43A inserted After Form 42D to the Principal Rules insert— 'RULE 43.06 FORM 43A CERTIFICATE IDENTIFYING EXHIBIT [heading as in affidavit] This is the exhibit marked [e.g. "ABC1"] now produced and shown to [identify deponent] at the time of swearing his affidavit on [date]. [Signature of the person taking affidavit] [state distinguishing mark of exhibit and briefly and specifically describe exhibit: e.g. Exhibit "ABC1" Letter BHP to CRA 15/6/09]* * print distinguishing mark and description in bold type and in a font size not less than 20 points in lower right hand corner of the page.'. r. 12 -- 6 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 6 15. Amendment to Forms 61D and 61K (1) In Form 61D to the Principal Rules for— "[Follow Form 60C except as below.] [heading as in originating process]" substitute— "[heading as in originating process] [follow Form 60C except as below]". (2) In Form 61K to the Principal Rules for— "[Follow Form 81C except as below] [heading as in originating process]" substitute— "[heading as in originating process] [follow Form 60C except as below]". Dated: 29 June 1998 G. R. D. WALDRON, Chief Judge A. F. SMITH J. R. O'SHEA J. H. BARNETT P. U. RENDIT JOHN DEE JOHN K. NIXON M. G. McINERNEY L. S. OSTROWSKI T. G. WODAK J. T. HASSETT F. J. SHELTON G. R. G. CROSSLEY WILLIAM R. WHITE D. A. T. JONES A. P. DUCKETT J. R. HANLON B. R. DOVE M. C. KIMM S. P. GEBHARDT M. HIGGINS TIMOTHY HOLT CHESTER KEON-COHEN CAROLYN DOUGLAS M. J. STRONG IAN C. ROBERTSON ═══════════════ r. 15 -- 7 of 8 -- S.R. No. 85/1998 County Court (Chapter I Amendment No. 35) Rules 1998 7 NOTES 1 Rule 3: S.R. No. 49/1989. Reprinted to S.R. No. 12/1997 and subsequently amended by S.R. Nos 127/1997, 128/1997, 130/1997, 174/1997 and 36/1998. 2 Rule 5: The heading to Rule 27.02 is changed to "Heading of document". 3 Rule 10: The heading to Rule 60A.04 is changed to "Judge, Master or Registrar to authenticate judgment given or order". Notes -- 8 of 8 --