Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

table of provisions

RulePage

1Object

2Authorising provisions

3Commencement

4Principal Rules

5How ordinary service effected

6Costs consequences of failure to comply

7Order on application

8Service

9Notice of appeal

10Directions

11Contempt in face of the Court

12Arrest of respondent

13Arrest pending contempt hearing

14Forms amended

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ENDNOTES

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

statutory rules 2015

S.R. No. 11/2015

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

Supreme Court Act 1986

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to make miscellaneous amendments to Chapter I of the Rules of the Supreme Court.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 1 March 2015.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.

5How ordinary service effected

At the foot of Rule 6.07(1) of the Principal Rules insert the following note—

"Note

The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.".

6Costs consequences of failure to accept

In Rule 26.08(7) of the Principal Rules, for "and(3)" substitute ", (3) and (4)".

r. 6

7Order on application

In Rule 57.03(5) of the Principal Rules for "member of the police force" substitute "policeofficer".

8Service

In Rule 57.05 of the Principal Rules for "memberof the police force" substitute "policeofficer".

9Notice of appeal

For Rule 58.35(1)(b)(iii) and (iv) of the Principal Rules substitute—

"(iii)where applicable, the question of law upon which the appeal is brought and concisely the grounds of appeal;

(iv)where section 87A of the Coroners Act 2008 applies, the grounds relied on to satisfy the Court that it is necessary or desirable in the interests of justice that the appeal be allowed;".

10Directions

In Rule 58.39(8)(a) of the Principal Rules, before "the notice" insert "where applicable,".

11Contempt in face of the Court

In Rule 75.02(3) of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

(b)for "members of the police force" substitute "police officers".

12Arrest of respondent

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In Rule 75.08(3) of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

(b)for "members of the police force" substitute "police officers".

13Arrest pending contempt hearing

In Rule 75.08.1(1.2) of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

(b)for "members of the police force" substitute "police officers".

14Forms amended

(1)In Form 61N of the Principal Rules for "members of the Police Force" substitute "police officers".

(2)In Form 64A of the Principal Rules, for "64.06(6)" substitute "64.06(5)".

(3)In Form 64A of the Principal Rules, for the words and expressions commencing "Please note" and ending "time of filing." substitute—

"[Note to party completing this Form:

Under the Rules, a written case is required to be filed with this notice and other documents may also be required to be filed in accordance with any applicable practice direction.]".

(4)In Form 64C of the Principal Rules, for "64.06(6)" substitute "64.06(5)".

(5)In Form 75A of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

(b)for "members of the police force" substitute "police officers".

(6)In Form 75B of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

(b)for "members of the police force" substitute "police officers".

(7) In Form 75BA of the Principal Rules—

(a)for "member of the police force" substitute "police officer";

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(b)for "members of the police force" substitute "police officers".

Dated: 26February 2015

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

ANNE FERGUSON, J.A.

STEPHEN KAYE, J.A.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMESD. ELLIOTT, J.

T. J. GINNANE, J.

MELANIESLOSS, J.

M. J. CROUCHER, J.

r. 14

JOANNECAMERON, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

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Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

S.R. No. 11/2015

ENDNOTES

Endnotes

[1] Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013. Reprintedto S.R. No. 119/2013 and subsequently amended by
S.R. Nos 146/2013, 147/2013, 148/2013, 48/2014, 204/2014, 205/2014, 206/2014 and 209/2014.