Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules2017
S.R. No. 103/2017
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Litigation guardian of person under disability
5Objection by party to inspection by other party
6Amendment of Form 41AA
7Statute law revision
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Endnotes
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statutory rules 2017
S.R. No. 103/2017
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Magistrates' Court Act 1989
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Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules2017
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Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules2017
S.R. No. 103/2017
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
1Object
The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules2010—
(a) to change the default position in Victoria as to a litigation guardian's liability for costs awarded against a person under disability;
(b) to extend the time period during which a plaintiff in a proceeding may inspect and object to the inspection of certain medical documents by another party to the proceeding;
(c) toamend Form 41AA to require that anapplication for a direction under section42E(1) of the Evidence (Miscellaneous Provisions) Act1958 specify the grounds on which the application for an audiovisual link or audio link is made; and
(d) to make a statute law revision amendment to Form 44A.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on
16 October 2017.
4Litigation guardian of person under disability
After Rule 15.02(3) of the Magistrates' Court General Civil Procedure Rules 2010[1]insert—
"(4)Unless for special reason the Court otherwise orders, the litigation guardian of a person under disability is not personally liable for costs awarded against the person.".
5Objection by party to inspection by other party
In Rule 42A.08(2) of the Magistrates' Court General Civil Procedure Rules 2010, for "7days" substitute "14days".
6Amendment of Form 41AA
In Form 41AA of the Magistrates' Court General Civil Procedure Rules 2010, for items6 to8 substitute—
"6.Grounds on which this application is made—
7.Is this application being made with the consent of the parties to the proceeding?—
8.If the answer to question 7 is No, what parties have not given consent?—
9.If a hearing date has been fixed, what is the date of the hearing?—".
7Statute law revision
In clause 3(i) of Form 44A of the Magistrates' Court General Civil Procedure Rules 2010, for "appropriate," substitute "appropriate".
Dated:10 October 2017
PETER LAURITSEN,
Chief Magistrate
FRANZ HOLZER,
Deputy Chief Magistrate
JELENAPOPOVIC,
Deputy Chief Magistrate
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Endnotes
Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules2017
S.R. No. 103/2017
Endnotes
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[1] Rule 4: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015. Reprintedto S.R. No. 3/2015. Subsequently amended by
S.R. Nos 163/2015, 164/2015, 17/2016, 82/2016, 135/2016 and 137/2016.