County Court (Miscellaneous Amendments) Rules 2012

County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

table of provisions

Rule Page

Part 1—Preliminary 1

1 Objects 1

2 Authorising provisions 2

3 Commencement 2

Part 2—Amendments to Chapter I 3

4 Seal of Court 3

5 Objection by party to inspection by other party 3

6 Proceedings after appearance 3

7 Issue of warrant of execution 3

8 Form 68A—Warrant of seizure and sale 4

Part 3—Amendments to Chapter II 5

9 Rules 13.05 to 13.08 revoked 5

Part 4—Amendments to Chapter III 6

10 Enforcement of fine against a natural person 6

11 Forms 5B and 5BA substituted 6

Form 5B—Fine Conversion Order under Sentencing Act 1991 6

Form 5BA—Fine Default Unpaid Community Work Order underSentencing Act1991 7

12 Notice about the procedure for enforcement of fines 9

13 New Form 5CA inserted 9

Form 5CA 9

14 Warrant to arrest for failure to pay fine 10

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ENDNOTES 11

Part 4—Amendments to Chapter III

County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

statutory rules 2012

S.R. No. 104/2012

Part 4—Amendments to Chapter III

County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

County Court Act 1958

Part 4—Amendments to Chapter III

County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

County Court (Miscellaneous Amendments) Rules 2012

Part 4—Amendments to Chapter III

County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

A majority of the Judges of the County Court makes the following Rules:

Part 1—Preliminary

1 Objects

The objects of these Rules are—

(a) to amend Chapter I of the Rules of the County Court—

(i) in relation to the procedure for a party to object to the inspection of a document that is a hospital or medical file identified in a subpoena;

(ii) in relation to warrants of seizure and sale to reflect changes made to section52 of the Transfer of Land Act 1958 by the Land Legislation Amendment Act 2009;

(iii) in relation to the sealing of documents;

(b) to revoke redundant provisions of Order 13 of Chapter II of the Rules of the County Court and make a consequential amendment to Chapter I;

(c) to insert a new Form and substitute and amend certain existing Forms in Chapter III of the Rules of the County Court, as a consequence of the enactment of the Courts and Sentencing Legislation Amendment Act 2012.

2 Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

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3 Commencement

These Rules come into operation on 1 October 2012.

______

Part 2—Amendments to Chapter I

4 Seal of Court

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In Rule 28.04(1) of the County Court Civil Procedure Rules 2008[1]—

(a) for "and the Registrar" substitute "theRegistrar and every associate to a Judge";

(b) in paragraph (b), for ' "Registrar".' substitute ' "Registrar";';

'(c) an associate to a Judge, the words "Associate to a Judge of the Court".'.

5 Objection by party to inspection by other party

In Rule 42A.08(2) of the County Court CivilProcedure Rules 2008, for "seven" substitute "14".

6 Proceedings after appearance

After Rule 45.04(4) of the County Court Civil Procedure Rules 2008 insert—

"(5) Nothing in this Rule applies to a proceeding in a specialist list where a practice note applies in respect of proceedings in that list.".

7 Issue of warrant of execution

After Rule 68.04(3) of the County Court Civil Procedure Rules 2008 insert—

"(3A) For the purposes of section 52(2) of the Transfer of Land Act 1958, if the person requesting the issue of a warrant of seizure and sale satisfies the Registrar, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant.

Note

See Rule 69.04(3) as to sale of land under a warrant of seizure and sale.".

8 Form 68A—Warrant of seizure and sale

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(1) In Form 68A of the County Court Civil Procedure Rules 2008 for "Issued 20" substitute—

"*For the purposes of section 52(2) of the Transfer of Land Act 1958, the land in the folio or folios of the Register kept under thatAct identified by folio number(s) [insertrelevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant.

Issued 20".

(2) At the end of Form 68A of the County Court Civil Procedure Rules 2008 insert—

"*Delete if not applicable.".

______

Part 3—Amendments to Chapter II

9 Rules 13.05 to 13.08 revoked

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Rules 13.05, 13.06, 13.07 and 13.08 of the County Court Miscellaneous Rules 2009[2] are revoked.

______

Part 4—Amendments to Chapter III

10 Enforcement of fine against a natural person

After Rule 5.06(2) of the County Court Criminal Procedure Rules 2009[3] insert—

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"(2A) An application under section 63AE of theSentencing Act 1991 must be in Form5CA.".

11 Forms 5B and 5BA substituted

For Forms 5B and 5BA of the County Court Criminal Procedure Rules 2009 substitute—

"RULE 5.06(1)

Form 5B

IN THE COUNTY COURT CASE No.:

OF VICTORIA

IN THE MATTER OF:

Fine Conversion Order
under Sentencing Act 1991

To: [name] Date of Birth:

Of: [address]

On [date], this Fine Conversion Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ......

UNPAID AMOUNTS

Fine / Statutory Cost /
Costs / Hours of work ordered / Duration of order / How hours to be served
$ / $ / $ / 00 hours / 00 months / As directed

Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8hours unpaid community work is required to be performed.

This order commences on [date].

You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].

The terms of this fine conversion order are that you must—

• not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;

• comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011;

• report to, and receive visits from the Secretary (or delegate) during the period of the order;

• report to the community corrections centre specified in the order within 2 clear working days after the order comes into force;

• notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change;

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• not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);

• comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.

This order was made on [date] at [place].

[Signature of Offender] [Signature of Judge/Registrar]

______

RULE 5.06(1A)

Form 5BA

IN THE COUNTY COURT CASE No.:

OF VICTORIA

IN THE MATTER OF:

Fine Default Unpaid Community Work Order
under Sentencing Act1991

To: [name] Date of Birth:

Of: [address]

On [date], this Fine Default Unpaid Community Work Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ......

UNPAID AMOUNTS

Fine / Statutory Cost /
Costs / Hours of work ordered / Duration of order / How hours to be served
$ / $ / $ / 00 hours / 00 months / As directed

Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.

This order commences on [date].

You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].

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The terms of this fine default unpaid community work order are that you must—

• not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;

• comply with any obligation or requirement prescribed by regulation 23 of the Sentencing Regulations 2011;

• report to, and receive visits from the Secretary (or delegate) during the period of the order;

• report to the community corrections centre specified in the order within 2 clear working days after the order comes into force;

• notify the Secretary (or delegate) of any change of address or employment within 2 clear working days after the change;

• not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);

• comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.

This order was made on [date] at [place].

[Signature of Offender] [Signature of Judge/Registrar]

______".

12 Notice about the procedure for enforcement of fines

In Form 5C of the County Court Criminal Procedure Rules 2009—

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(a) for "making of a Community-Based Order" substitute "making of a Fine Conversion Order";

(b) for "granted a Community-Based Order" substitute "granted a Fine Conversion Order";

13 New Form 5CA inserted

After Form 5C of the County Court Criminal Procedure Rules 2009 insert—

"RULE 5.06(2A)

Form 5CA

IN THE COUNTY COURT CASE No.:

OF VICTORIA

IN THE MATTER OF:

APPLICATION TO VARY

* FINE CONVERSION ORDER

* FINE DEFAULT UNPAID COMMUNITY WORK ORDER

APPLICANT'S NAME:

RESPONDENT'S NAME:

CONTACT DETAILS

Contact no: ______Email address: ______

Address for service:______

______

I, ______apply to the Court at ______to—

o vary the fine conversion order

o vary the fine default unpaid community work order

DETAILS OF ORDER

The order was made at the ______Court on the ___/____/___ .

The order commenced on ____/____/____ and ceases on ___/____/____.

REASON FOR APPLICATION:

______

Date: ____/____/______–––––––––––––––––

Signature of Applicant

LISTING OF APPLICATION

This application is listed for hearing before the County Court at on ____/____/______at am/pm.

Date: ____/____/______–––––––––––––––––

Deputy Registrar

______".

14 Warrant to arrest for failure to pay fine

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In Form 5D of the County Court Criminal Procedure Rules 2009, for "Community-Based Order" substitute "Fine Conversion Order".

Dated: 20 September 2012

M. ROZENES, Chief Judge / M. E. KENNEDY
M. G. McINERNEY / C. M. O'NEILL
J. R. BOWMAN / P. G. MISSO
J. A. NICHOLSON / K. L. BOURKE
G. G. HICKS / P. G. LACAVA
J. A. SMALLWOOD / P. M. TAFT
S. M. COHEN / F. SACCARDO
F. E. HOGAN / M. A. GAMBLE
I. E. LAWSON / H. MASON
G. GULLACI / G. P. MULLALY
E. M. GAYNOR / T. J. GINNANE
K. R. HOWIE / J. L. PARRISH
R. F. PUNSHON / M. H. TINNEY
G. T. CHETTLE / G. T. CANNON
F. MILLANE / J. F. CARMODY
S. S. DAVIS / R. J. H. MAIDMENT
F. P. HAMPEL / R. H. SMITH
J. G. MORRISH / B. A. COTTERELL
D. A. PARSONS / M. F. MACNAMARA
A. J. HOWARD / D. G. BROOKES
L. A. HANNAN / L. D. PILGRIM
M. D. MURPHY

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County Court (Miscellaneous Amendments) Rules 2012

S.R. No. 104/2012

ENDNOTES

Endnotes

[1] Rule 4: S.R. No. 148/2008 as amended by S.R. Nos 182/2009, 184/2009, 185/2009, 145/2010, 146/2010, 81/2011, 82/2011, 107/2011, 156/2011 and 85/2012.

[2] Rule 9: S.R. No. 56/2009 as amended by S.R. Nos 183/2009 and 185/2009.

[3] Rule 10: S.R. No. 183/2009 as amended by S.R. Nos 31/2012 and 95/2012.