County Court (Chapter I Amendment No. 13) Rules 2004
S.R. No. 72/2004
table of provisions
RulePage
RulePage
1.Object
2.Authorising provisions
3.Commencement
4.Principal Rules
5.Amendment to Rule 34A.03
6.Substitution of Rule 34A.07
34A.07Divisions of WorkCover List
7.Entry of proceedings in list
8.Registrar may transfer a proceeding from a list to another list
9.Control of proceedings
10.Money in court for person under disability
11.Payment into the Supreme Court for person under disability
12.Amendment to Forms
13.Amendment to Scale of Costs
═══════════════
ENDNOTES
1
S.R. No. 72/2004
County Court (Chapter I Amendment No. 13) Rules 2004
statutory rules 2004
S.R. No. 72/2004
1
S.R. No. 72/2004
County Court (Chapter I Amendment No. 13) Rules 2004
County Court Act 1958
1
S.R. No. 72/2004
County Court (Chapter I Amendment No. 13) Rules 2004
County Court (Chapter I Amendment No. 13) Rules 2004
1
S.R. No. 72/2004
County Court (Chapter I Amendment No. 13) Rules 2004
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.Commencement
These Rules come into operation on 1 July 2004.
4.Principal Rules
In these Rules, the County Court Rules of Procedure in Civil Proceedings 1999[1] are called the Principal Rules.
5.Amendment to Rule 34A.03
In Rule 34A.03(c)(iii) of the Principal Rules for "sections 134AB or" substitute "section".
6.Substitution of Rule 34A.07
r. 6
For Rule 34A.07 of the Principal Rules substitute—
"34A.07Divisions of WorkCover List
(1) The WorkCover List shall be divided into the WorkCover (General) division and the WorkCover (section 134AB) division.
(2) The WorkCover (General) division shall consist of—
(a)any proceeding under the Accident Compensation Act 1985 (except a proceeding under section 135A or an application under section 134AB); and
(b)any proceeding under the Workers Compensation Act 1958.
(3)The WorkCover (section 134AB) division shall consist of any application under section 134AB of the Accident Compensation Act 1985.".
7.Entry of proceedings in list
For Rule 34A.09(c) of the Principal Rules substitute—
"(c)a division of the WorkCover List.".
8.Registrar may transfer a proceeding from a list to another list
(1) In Rule 34A.11(1) of the Principal Rules, after "Court" insert "including the Registrar".
(2) Rule 34A.11(2) of the Principal Rules is revoked.
9.Control of proceedings
r. 9
In Rule 34A.14(3) of the Principal Rules, for "Master if the Judge or the other Judge requests the Master to do so" substitute "Master or the Registrar if the Judge or the other Judge requests the Master or the Registrar to do so".
10.Money in court for person under disability
In Rule 79.03 of the Principal Rules, after "money in court be" insert "paid into the Supreme Court on behalf of a person under disability or".
11.Payment into the Supreme Court for person under disability
(1)In Rule 79.04(1) of the Principal Rules, after "money be paid" insert "into the Supreme Court or".
(2) In Rule 79.04(2) of the Principal Rule, after "to pay" insert "into the Supreme Court or".
(3) For Rule 79.04(3) of the Principal Rules substitute—
"(3)A party ordered to pay—
(a)into the Supreme Court, shall pay the money to the Senior Master of the Supreme Court; or
(b)into court, shall pay the money to the Registrar—
and shall within seven days of the payment serve on the party who obtained the order notice in writing of the payment.".
12.Amendment to Forms
r. 12
(1) In Form 15A to the Principal Rules, in the paragraphs appearing after "THE COURT ORDERS THAT:"—
(a) in paragraph 2, for "pay $ to the Registrar for the benefit of the plaintiff" substitute "[where appropriate pay $ into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff] [where appropriate pay $ to the Registrar for the benefit of the plaintiff]";
(b) for paragraph 4 substitute—
"4.[Where appropriate Subject to any order of the Supreme Court, the money paid into the Supreme Court be held by the Senior Master of the Supreme Court on behalf of the plaintiff] [where appropriate Subject to any further order, the Registrar invest $ for the plaintiff] and pay it out with the interest accrued thereon upon the plaintiff attaining the age of 18 years.".
(2) In Form 15B to the Principal Rules, in the paragraphs appearing after "THE COURT ORDERS THAT:"—
(a) in paragraph 2, for—
"$ to the Registrar for the benefit of the minors referred to above, being $ for the benefit of and $ for the benefit of "
substitute—
"[where appropriate $ into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the minors referred to above, being $ on behalf of and $ on behalf
of ] [where appropriate $ to the Registrar for the benefit of the minors referred to above, being $ for the benefit of and $ for the benefit of ]";
(b) for paragraph 4 substitute—
4.[Where appropriate Subject to any order of the Supreme Court, the money paid into the Supreme Court be held by the Senior Master of the Supreme Court on behalf of
and respectively] [where appropriate Subject to any further order, the Registrar invest $ for and respectively], each sum to be paid out with the interest accrued thereon to the minor for whose benefit it was invested upon his attaining the age of 18years.".
(3)In Form 28 to the Principal Rules—
(a)for
"To [name of authorised user]"
substitute—
"To [name of authorised user]
[Court seal]";
(b)in the part of the form comprising of "CASE DETAILS" omit "[Court seal]";
(c)after "filed in the County Court of Victoria." insert—
"This document must be retained as proof of filing of the [attached] document—refer to Rules 28.14 and 40.08.".
13.Amendment to Scale of Costs
r. 13
In Appendix A to the Principal Rules, in item26(i) of the Scale of Costs, for "and necessary in the discretion of the Registrar" substitute "or necessary in the discretion of the Registrar, or electronic filing in accordance with Part 2 of Order 28, if filing is not elsewhere provided for in this scale".
Dated:24 June 2004
MICHAEL ROZENES / TIM WOODF. G. DYETT / G. R. ANDERSON
W. M. R. KELLY / B. J. KING
L. S. OSTROWSKI / JOHN BOWMAN
J. T. DUGGAN / R. LEWITAN
J. R. HANLON / S. M. COHEN
M. HIGGINS / M. E. SEXTON
M. J. STRONG / M. P. BOURKE
FRED DAVEY / E. M. GAYNOR
STUART CAMPBELL / P. J. COISH
MARGARET RIZKALLA / J. A. CAMPTON
T. G. WODAK / R. F. PUNSHON
MARILYN HARBISON / W. A. WILMOTH
S. P. GEBHARDT / G. T. CHETTLE
J. M. PANNAM / F. MILLANE
r. 13
═══════════════
1
S.R. No. 72/2004
County Court (Chapter I Amendment No. 13) Rules 2004
ENDNOTES
Endnotes
1
[1] Rule 4: S.R. No. 20/1999. Reprint (No. 2) incorporating amendments as at 13 March 2003. Subsequently amended by S.R. Nos 103/2003 and 138/2003.