Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998

i Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 S.R. No. 93/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Amendment of Rule 6.37 1 5. New Rules 6.37.1 and 6.37.2 inserted 1 6.37.1 Service prior to lodgement 1 6.37.2 Applications 2 6. Amendment of heading to Part 8 of Order 6 3 7. Amendment of Rule 6.44 3 8. Amendment to Schedule 1 3 ═══════════════ NOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 1998 S.R. No. 93/1998 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 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 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers. 3. Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 19981 are called the Principal Rules. 4. Amendment of Rule 6.37 In Rule 6.37(2) of the Principal Rules for "Rule 4.07 does" substitute "Rules 4.03 and 4.07 do". 5. New Rules 6.37.1 and 6.37.2 inserted After Rule 6.37 of the Principal Rules insert— "6.37.1 Service prior to lodgement (1) Despite Rule 4.06, an applicant may serve a copy of an application or referral under an -- 2 of 5 -- S.R. No. 93/1998 Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 2 enactment allocated to the residential tenancies list prior to the application being lodged with the principal registrar or a registrar of the Magistrates' Court. (2) If a copy of the application or referral is served prior to being lodged, the application or referral must be lodged in accordance with Rule 4.05 within 3 days after service of the copy. 6.37.2 Applications For the purposes of section 67(1)(a) of the Act applications must be in writing and include— (a) the name, address, telephone number and facsimile number of the applicant, the respondent and any other party whom the applicant claims ought to be joined as a party; (b) if a party is a corporation, its Australian Company Number or Australian Registered Body Number; (c) the name, address, telephone number and facsimile number of any agent acting for the applicant, respondent or other party; (d) the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application; (e) a brief description of the remedy sought and the basis on which the remedy is sought.". r. 5 -- 3 of 5 -- S.R. No. 93/1998 Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 3 6. Amendment of heading to Part 8 of Order 6 In Order 6 to the Principal Rules, in the heading to Part 8 for "RESIDENTIAL" substitute "RETAIL". 7. Amendment of Rule 6.44 In Rule 6.44 of the Principal Rules for "residential" substitute "retail". 8. Amendment to Schedule 1 In Schedule 1 to the Principal Rules, in Part 1, in clause 4(l) for "38" substitute "36". Dated: 17 July 1998 MURRAY B. KELLAM, President FRED G. DAVEY, Vice-President TIM WOOD, Vice-President JANE MONK, Member ═══════════════ r. 6 -- 4 of 5 -- S.R. No. 93/1998 Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 1998 4 NOTES 1 Rule 3: S.R. No. 87/1998. Notes -- 5 of 5 --