Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010

Document Sample
Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 Powered By Docstoc
					                           Version No. 001
       Magistrates' Court (Miscellaneous Civil
              Proceedings) Rules 2010
                            S.R. No. 141/2010
                               Version as at
                              1 January 2011


                      TABLE OF PROVISIONS
Rule                                                                     Page

ORDER 1                                                                     1
PRELIMINARY                                                                 1
 1.01    Title and object                                                   1
 1.02    Authorising provisions                                             1
 1.03    Commencement                                                       1
 1.04    Definitions                                                        1
 1.05    Application                                                        2
 1.06    Rules of general procedure                                         2

ORDER 2                                                                     3
ARBITRATION                                                                 3
 2.01    Application                                                        3
 2.02    Statement of claim                                                 3
 2.03    Defence                                                            3
 2.04    No pleadings, discovery, interrogatories etc.                      3
 2.05    Parties to serve a list of documents                               4
 2.06    Service of reports and assessments in relation to proceedings
         relating to motor vehicle accidents                                4

ORDER 3                                                                     5
SERVICE AND EXECUTION OF PROCESS RULES                                      5
 3.01    Definitions                                                        5
 3.02    How application made                                               5
 3.03    Sealed copy of order                                               5
 3.04    Enforcement of order                                               6
 3.05    Fees                                                               6




                                       i
Rule                                                            Page

 3.06 Costs                                                        6
 3.07 Interest                                                     6

ORDER 4                                                            8
REGISTRARS                                                         8
 4.01 Reference to a magistrate                                    8
 4.02 Appeal from registrar                                        8

ORDER 5                                                            9
APPEALS                                                            9
 5.01   Application of order                                       9
 5.02   Notice of appeal                                           9
 5.03   Amendment of grounds                                       9
 5.04   Affidavit                                                  9
 5.05   Date for hearing                                          10

ORDER 6                                                           11
PARTICULAR APPLICATIONS UNDER THE WORKERS
COMPENSATION ACT 1958 AND THE ACCIDENT
COMPENSATION ACT 1985                                             11
 6.01 Definition                                                  11
 6.02 Application for appointment of nominal defendant—
      Forms 6A and 6B                                             12
 6.03 Application for discharge                                   13
 6.04 Request for referral of a medical question to a Medical
      Panel—Form 6C                                               13
 6.05 Application for revocation of direction of Conciliation
      Officer                                                     14

ORDER 7                                                           15
PARTICULAR RULES AS TO THE CORPORATIONS ACT                       15
 7.01   Definition                                                15
 7.02   Commencement of originating process                       15
 7.03   Notice to defendant                                       15
 7.04   Service of complaint and notices                          15
 7.05   Application for order in default of defence               16

ORDER 8                                                           17
IMPRISONMENT OF FRAUDULENT DEBTORS                                17
 8.01 Application for summons                                     17




                                      ii
Rule                                                                  Page

ORDER 9                                                                 18
INSTRUMENTS ACT RULES                                                   18
 9.01    Definition                                                     18
 9.02    Application of Order                                           18
 9.03    Form of complaint                                              18
 9.04    Leave to defend                                                18
 9.05    Order where leave not granted                                  19
 9.06    Notice to parties                                              19
 9.07    Leave to defend after order made                               19

ORDER 10                                                                21
PARTICULAR PROCEEDINGS UNDER THE BUILDING AND
CONSTRUCTION INDUSTRY SECURITY OF PAYMENT
ACT 2002                                                                21
 10.01      Definitions                                                 21
 10.02      Commencement of proceeding under section 28R of the Act     21
 10.03      Power of registrar to make order in proceedings under
            section 28R of the Act                                      21
 10.04      Setting aside an order                                      22
 10.05      Certification of debt by Court                              22
 10.06      Application for stay of payments                            22

ORDER 11                                                                23
MISCELLANEOUS RULES                                                     23
 11.01      Civil registry courts                                       23
 11.02      Jurisdiction of Neighbourhood Justice Division              23
 11.03      General power of amendment                                  23
 11.04      Registrar's power of amendment                              23
 11.05      Directions                                                  24
 11.06      Preservation of property                                    24
 11.07      Practice notes                                              25
                             __________________

FORMS FOR CHAPTER II                                                    26
Form 3A—Service and Execution of Process Act 1992                       26
Form 3B—Service and Execution of Process Act 1992                       28
Form 3C—Service and Execution of Process Act 1992                       29
Form 5A—Notice of Appeal                                                31
Form 6A—Application for Appointment of Nominal Defendant                32
Form 6B—Notice of Appointment of Nominal Defendant                      33



                                     iii
Rule                                                            Page

Form 6C—Notice of Request Pursuant to Section 45(1)(b) of the
        Accident Compensation Act 1985                            34
Form 6D—Application                                               35
Form 7A—Notice to Defendant under Corporations Act                36
Form 8A—Affidavit in Support of Summons for Commitment            37
Form 9A—Complaint                                                 38
Form 9B—Application for Leave to Defend                           40
Form 9C—Application for Order                                     41
Form 9D—Notification of Decision                                  42
Form 9E—Application for Leave to Defend after Order Made          43
                          __________________

APPENDIX—Civil Registry Courts                                    44
                          ═══════════════

ENDNOTES                                                          46
1. General Information                                            46
2. Table of Amendments                                            47
3. Explanatory Details                                            48




                                   iv
                   Version No. 001
 Magistrates' Court (Miscellaneous Civil
        Proceedings) Rules 2010
                   S.R. No. 141/2010
                      Version as at
                     1 January 2011

The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:

                        ORDER 1

                    PRELIMINARY
1.01 Title and object
      (1) These Rules constitute Chapter II of the Rules of
          the Magistrates' Court of Victoria and are entitled
          the Magistrates' Court (Miscellaneous Civil
          Proceedings) Rules 2010.
      (2) The object of these Rules is to further provide for
          rules of civil procedure in the Magistrates' Court.
1.02 Authorising provisions
          These Rules are made under section 16 of the
          Magistrates' Court Act 1989 and all other
          enabling powers.
1.03 Commencement
          These Rules come into operation on 1 January
          2011.
1.04 Definitions
          In these Rules—
          the Act means the Magistrates' Court Act 1989,
               unless the context otherwise requires.




                            1
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 1
r. 1.05


          1.05 Application
                      These Rules apply to any proceeding in the Court
                      with respect to which provision is made by these
                      Rules, whether the proceeding was commenced
                      before, on or after the day on which they come
                      into operation.
          1.06 Rules of general procedure
                      Except so far as is otherwise provided by these
                      Rules or any Act, Chapter I of the Rules of the
                      Magistrates' Court for the time being in force and
                      the general practice of the Court apply so far as
                      practicable in relation to a proceeding to which
                      these Rules apply.
                              __________________




                                          2
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 2
                                                                    r. 2.01


                           ORDER 2

                        ARBITRATION
2.01 Application
            This Order applies to a proceeding in which the
            monetary relief sought is less than the amount set
            out in section 102(1) of the Act and which the
            Court must refer to arbitration in accordance with
            that section.
2.02 Statement of claim
            The statement of claim in a proceeding referred to
            in Rule 2.01 must state with particularity the date,
            place, circumstances and cause of action upon
            which the claim is based together with the amount
            or other relief or remedy sought.
2.03 Defence
            The notice of defence in a proceeding referred to
            in Rule 2.01 must state with particularity the date,
            place, circumstances facts or matters relied on in
            defence of the claim.
2.04 No pleadings, discovery, interrogatories etc.
            No party in a proceeding referred to in Rule 2.01
            may—
             (a) serve a request for further and better
                 particulars of claim, counterclaim or
                 defence;
             (b) serve and file a reply;
             (c) serve a notice to admit any fact or the
                 authenticity of any document;
             (d) serve a notice for discovery;
             (e) serve interrogatories;
              (f) serve an expert witness statement;
             (g) apply to the Court for a summary order.


                                3
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 2
r. 2.05


          2.05 Parties to serve a list of documents
                 (1) If the amount of the claim or the counterclaim in a
                     proceeding referred to arbitration in accordance
                     with this Order is $5000 or more, each party must
                     serve on each other party a list of documents not
                     less than 14 days before the date fixed for a
                     pre-hearing conference or, if no such date is fixed,
                     then 14 days before the date fixed for the
                     arbitration.
                 (2) A list of documents must identify each document
                     in the possession of the party serving the list
                     that—
                       (a) supports the claim, defence, or counterclaim;
                           or
                       (b) is injurious to that claim, defence or
                           counterclaim.
          2.06 Service of reports and assessments in relation to
               proceedings relating to motor vehicle accidents
                 (1) If in any proceeding that has been referred to
                     arbitration in accordance with this Order there is a
                     claim or counterclaim for damages arising out of a
                     motor vehicle accident, each party (the serving
                     party) must serve on each other party a copy of
                     any assessor's report or documents relating to such
                     an assessment in the possession of the serving
                     party.
                 (2) Any report or documents required to be served
                     under subrule (1) must be served not less than
                     14 days before the date fixed for a pre-hearing
                     conference or, if no such date is fixed, then
                     14 days before the date fixed for the arbitration.
                              __________________




                                          4
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 3
                                                                    r. 3.01


                           ORDER 3

  SERVICE AND EXECUTION OF PROCESS RULES
3.01 Definitions
            In this Order—
            appropriate court has the same meaning as in
                Part 6 of the Act;
            court of rendition has the same meaning as in
                 Part 6 of the Act;
            place of rendition has the same meaning as in
                 Part 6 of the Act;
            the Act means the Service and Execution of
                 Process Act 1992 of the Commonwealth.
3.02 How application made
       (1) An application to the Court under the Act must be
           made in accordance with Order 46 of the
           Magistrates' Court General Civil Procedure Rules
           2010.
       (2) Where an application under subrule (1) is filed by
           facsimile transmission, the address for service of
           the applicant must include a facsimile telephone
           number.
       (3) When an application is filed the registrar must
           forthwith fix a hearing date and as soon as
           practicable notify the applicant.
3.03 Sealed copy of order
            For the purpose of registration of an order of the
            Court in the appropriate court of another State or
            Territory, the registrar may provide a sealed copy
            of the judgment in Form 3A or Form 3B, as the
            case requires.




                                5
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 3
r. 3.04


          3.04 Enforcement of order
                      A person who seeks to enforce an order registered
                      under the Act must before taking any step under
                      the Act or these Rules for such enforcement file
                      an affidavit in Form 3C stating that the order is
                      capable of being enforced in or by the court of
                      rendition or a court in the place of rendition and
                      the extent to which it is so capable.
          3.05 Fees
                 (1) The fees to be allowed in relation to the service
                     under the Act of the process of the Court must be
                     calculated on the same basis as fees allowable in
                     the appropriate court for service of process at the
                     place where the process was served.
                 (2) The same fees must be paid in relation to the
                     enforcement under the Act by the Court of the
                     process or order of a court of another part of
                     Australia as are charged for the like enforcement
                     of the process or judgment of the Court, together
                     with the fees set out in the Schedule to Order 10
                     of Chapter II of the Rules of the Supreme Court.
          3.06 Costs
                      The same costs must be allowed in relation to the
                      enforcement of an order registered under the Act
                      as are allowed upon the enforcement of an order
                      of the Court.
          3.07 Interest
                 (1) A person who seeks to recover interest payable
                     under section 108 of the Act must specify by
                     affidavit the interest rate or rates applying to the
                     order in the court of rendition and must include a
                     calculation showing the amount of interest
                     recoverable under the order.




                                          6
Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                       S.R. No. 141/2010
                            Order 3
                                                                  r. 3.07


     (2) The interest rate or rates applying in the court of
         rendition specified in an affidavit pursuant to
         subrule (1) must be endorsed on a warrant to seize
         property which is filed to enforce an order
         registered under the Act.
     (3) The person to whom a warrant to seize property is
         directed must calculate and recover interest on an
         order registered under the Act at the rate or rates
         specified in the warrant.
     (4) The person to whom a warrant to seize property is
         directed must not calculate or recover interest on
         an order registered under the Act where the
         warrant does not contain a statement of the
         interest rate or rates applying to the order in the
         court of rendition and does not contain a
         calculation of the interest recoverable under the
         order.
                  __________________




                              7
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 4
r. 4.01


                                     ORDER 4

                                  REGISTRARS
          4.01 Reference to a magistrate
                      If on an application to a registrar under the Act,
                      the Magistrates' Court General Civil Procedure
                      Rules 2010 or these Rules, the registrar considers
                      that it is proper that the application be determined
                      by a magistrate, the registrar may refer the
                      application to a magistrate.
          4.02 Appeal from registrar
                 (1) Any person affected by any order made by a
                     registrar may appeal to a magistrate.
                 (2) An appeal must be commenced within 14 days
                     after the day the registrar made the order.
                 (3) An appeal may be made by application in
                     accordance with Order 46 of the Magistrates'
                     Court General Civil Procedure Rules 2010.
                 (4) An appeal is a re-hearing of the application to the
                     registrar.
                 (5) Unless a magistrate otherwise orders, an appeal
                     does not operate as a stay on the order of the
                     registrar.
                 (6) This Rule does not apply to an order in default of
                     defence made by a registrar under Order 21 of the
                     Magistrates' Court General Civil Procedure Rules
                     2010 or any corresponding previous enactment.
                              __________________




                                          8
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 5
                                                                    r. 5.01


                           ORDER 5

                           APPEALS
5.01 Application of order
            Where by or under any Act a person (in this Order
            called the appellant) may appeal to a magistrate
            or to the Magistrates' Court, this Order applies.
5.02 Notice of appeal
       (1) Except as provided by any Act, an appeal must be
           commenced by filing a notice of appeal at the
           proper venue of the Court.
       (2) The notice of appeal must—
             (a) be in Form 5A; and
             (b) set out—
                    (i) the order or decision of the person from
                        whom or the body from which the
                        appeal is brought (in this order called
                        the respondent);
                   (ii) concisely the grounds of appeal.
       (3) As soon as practicable after filing the notice of
           appeal the appellant must serve a copy on the
           respondent.
5.03 Amendment of grounds
            The Magistrates' Court or a magistrate may give
            leave to amend the grounds of appeal.
5.04 Affidavit
            Within 14 days after filing the notice of appeal the
            appellant must file in the Court and serve on the
            respondent an affidavit setting out the facts,
            matters and circumstances relating to—
             (a) the order or decision appealed against; and
             (b) the grounds of appeal.


                                9
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 5
r. 5.05


          5.05 Date for hearing
                      At the time of filing the notice of appeal the
                      registrar must fix a date for the hearing of the
                      appeal.
                              __________________




                                          10
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 6
                                                                    r. 6.01


                           ORDER 6

PARTICULAR APPLICATIONS UNDER THE WORKERS
  COMPENSATION ACT 1958 AND THE ACCIDENT
          COMPENSATION ACT 1985
6.01 Definition
            In this Part, unless the context or subject-matter
            otherwise requires—
            Authority means the Victorian WorkCover
                Authority established under section 18(1) of
                the Accident Compensation Act 1985;
            Conciliation Officer means a person nominated as
                a Conciliation Officer under section 52D of
                the Accident Compensation Act 1985;
            employer in a proceeding under the Accident
                Compensation Act 1985 has the same
                meaning as in section 5(1) of that Act and in
                a proceeding under the Workers
                Compensation Act 1958 has the same
                meaning as in section 3(1) of that Act;
            Medical Panel means a Medical Panel under the
                Accident Compensation Act 1985;
            medical question has the same meaning as in
                section 5(1) of the Accident Compensation
                Act 1985;
            plaintiff includes a claimant under section 44(1)
                 of the Workers Compensation Act 1958;
            the Act means the Workers Compensation Act
                 1958.




                                11
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 6
r. 6.02


          6.02 Application for appointment of nominal
               defendant—Forms 6A and 6B
                 (1) An application for the appointment of a nominal
                     defendant under section 5A, 16 or 25E of the Act
                     must be—
                       (a) made after the filing of a complaint;
                       (b) accompanied by an affidavit in support of the
                           application;
                       (c) in Form 6A.
                 (2) The affidavit in support of the application must—
                       (a) state the reasons for the application;
                       (b) give details of any attempts to identify or
                           find the employer or the employer's insurer;
                       (c) if the employer was a company which has
                           been wound up, exhibit advice from the
                           Australian Securities and Investment
                           Commission that the company has been
                           wound up;
                       (d) except where the application is to have the
                           Authority named as the nominal defendant,
                           exhibit the consent in writing of the person
                           proposed for appointment as nominal
                           defendant.
                 (3) If the Court makes an order for the appointment of
                     a nominal defendant on an application under
                     subrule (1), unless the Court directs otherwise, the
                     party obtaining the order must give notice of the
                     appointment to all parties to the complaint and
                     serve on the nominal defendant—
                       (a) a notice of the appointment in Form 6B;
                       (b) a copy of the application;
                       (c) a copy of the affidavit in support;




                                          12
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 6
                                                                    r. 6.03


             (d) notice of any hearing date subsequent to the
                 appointment, fixed in the proceeding, if any;
             (e) a copy (including any amended copies) of
                 the complaint (if any) showing the nominal
                 defendant as defendant and giving full
                 particulars of the claim against the alleged
                 employer in respect of whom the nominal
                 defendant was appointed;
              (f) where appropriate, particulars of the claim
                  for contribution.
6.03 Application for discharge
       (1) At any time after receiving notice of appointment,
           the nominal defendant appointed by the Court
           may apply to the Court to be discharged from
           acting in that capacity.
       (2) Unless the Court directs otherwise, or the
           application is by consent, the application must be
           supported by an affidavit setting out the facts on
           which the discharge is requested.
6.04 Request for referral of a medical question to a
     Medical Panel—Form 6C
       (1) A request by a party for the Court to refer a
           medical question to a Medical Panel for an
           opinion under section 45(1)(b) of the Accident
           Compensation Act 1985 must—
             (a) state clearly the medical question for
                 referral;
             (b) be in Form 6C.
       (2) A copy of the request must be served on all other
           parties to the proceeding who have an address for
           service not less than 14 days before the request is
           to be considered by the Court.




                                13
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 6
r. 6.05


          6.05 Application for revocation of direction of
               Conciliation Officer
                      An application under section 60(2) of the
                      Accident Compensation Act 1985 for the
                      revocation of a direction given by a Conciliation
                      Officer pursuant to Division 2 of Part 3 of that Act
                      must be—
                       (a) in Form 6D with such modification as is
                           necessary; and
                       (b) accompanied by an affidavit in support of the
                           application.
                              __________________




                                          14
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 7
                                                                    r. 7.01


                           ORDER 7

PARTICULAR RULES AS TO THE CORPORATIONS ACT
7.01 Definition
            In this Order—
            corporations proceeding means a proceeding
                 under the Act that is brought in the Court;
            the Act means the Corporations Act.
7.02 Commencement of originating process
       (1) An originating process under the Act in the Court
           must be commenced by a complaint in accordance
           with Order 5 of the Magistrates' Court General
           Civil Procedure Rules 2010.
       (2) A complaint to which subrule (1) applies, when
           lodged for filing, must be accompanied by a
           supporting affidavit, in accordance with Rule 2.4
           of the Supreme Court (Corporations) Rules 2003.
       (3) An affidavit to which subrule (2) applies, subject
           to that subrule, must comply with the Magistrates'
           Court General Civil Procedure Rules 2010.
7.03 Notice to defendant
            In any corporations proceeding the plaintiff must
            prepare a notice to the defendant in the form of
            Form 7A.
7.04 Service of complaint and notices
            In a corporations proceeding, the complaint and
            any notice of defence, affidavit of service and
            notice to the defendant under Rule 7.03 must be
            served on the defendant at least 7 days before the
            mention date for the proceedings.




                                15
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 7
r. 7.05


          7.05 Application for order in default of defence
                      In a corporations proceeding, an application for an
                      order in default of defence must not be made
                      before the mention date for the proceeding.
                              __________________




                                          16
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 8
                                                                    r. 8.01


                           ORDER 8

    IMPRISONMENT OF FRAUDULENT DEBTORS
8.01 Application for summons
       (1) An application for the issue of a summons under
           Part III of the Imprisonment of Fraudulent
           Debtors Act 1958 must be made by affidavit in
           Form 8A.
       (2) An affidavit under subrule (1) may contain
           statements of fact based on information and belief
           if the grounds are set out.
                    __________________




                                17
            Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                   S.R. No. 141/2010
                                        Order 9
r. 9.01


                                     ORDER 9

                          INSTRUMENTS ACT RULES
          9.01 Definition
                      In this Order—
                      the Act means the Instruments Act 1958.
          9.02 Application of Order
                 (1) This Order applies to any proceeding in the Court
                     under Part 1 of the Act.
                 (2) Except where inconsistent with the Act or this
                     Order, the Magistrates' Court General Civil
                     Procedure Rules 2010 and the remaining
                     provisions of these Rules apply to any proceeding
                     under Part I of the Act.
          9.03 Form of complaint
                 (1) A complaint upon a bill of exchange commenced
                     after the bill has become due must be in Form 9A.
                 (2) The amount of costs stated in the indorsement on
                     the complaint must be the amount of scale costs
                     applicable to the amount claimed plus the fees
                     (if any) for the filing and service of the complaint.
          9.04 Leave to defend
                 (1) Leave to defend under section 5 of the Act may be
                     given by the Court.
                 (2) An application for leave to defend must be made
                     without notice to any person, within the time
                     allowed by section 5 of the Act.
                 (3) An application for leave must be in Form 9B and
                     must be filed.
                 (4) The applicant for leave must file in support of the
                     application an affidavit sworn by himself or
                     herself or by another person who can depose to
                     the facts from his or her own knowledge.


                                          18
  Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                         S.R. No. 141/2010
                              Order 9
                                                                    r. 9.05


9.05 Order where leave not granted
       (1) A plaintiff who is entitled to an order under
           section 4 of the Act may apply to the registrar for
           an order for the amount claimed together with
           costs and fees (if any) for filing and service of the
           complaint as the scale allows.
       (2) An application for such an order must be filed and
           must be in Form 9C.
       (3) Where the registrar is satisfied that—
             (a) the complaint has been served in accordance
                 with section 4 of the Act; and
             (b) the defendant has not been given leave to
                 defend under section 5 of the Act—
            the registrar must make an order.
9.06 Notice to parties
            As soon as practicable after the Court has made a
            decision on an application for leave to defend, the
            registrar must notify the parties by notice in
            Form 9D.
9.07 Leave to defend after order made
       (1) A defendant who wishes to apply under section 6
           of the Act must—
             (a) file an application in Form 9E; and
             (b) not less than 5 days before the day for
                 hearing of the application serve a copy of the
                 application on the complainant personally.
       (2) An application under section 6 must state the
           special circumstances relied upon by the
           applicant.
       (3) The Court may set aside the order on such terms
           as the Court thinks fit.




                                19
          Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                 S.R. No. 141/2010
                                      Order 9
r. 9.07


               (4) Upon filing an application under section 6, no
                   steps to enforce the order shall be taken for
                   14 days from the date of filing or until the
                   application is heard (whichever is the earlier).
               (5) An applicant who fails to appear on the hearing of
                   the application must not make a further
                   application without the leave of the Court.
                            __________________




                                        20
   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                          S.R. No. 141/2010
                               Order 10
                                                                     r. 10.01


                            ORDER 10

PARTICULAR PROCEEDINGS UNDER THE BUILDING AND
  CONSTRUCTION INDUSTRY SECURITY OF PAYMENT
                   ACT 2002
10.01 Definitions
             In this Order—
             adjudication certificate has the same meaning as
                  in section 4 of the Act;
             authorised nominating authority has the same
                 meaning as in section 4 of the Act;
             claimant has the same meaning as in section 4 of
                  the Act;
             principal has the same meaning as in section 4 of
                  the Act;
             the Act means the Building and Construction
                  Industry Security of Payment Act 2002.
10.02 Commencement of proceeding under section 28R of
      the Act
             A proceeding under section 28R of the Act may
             be commenced by a person, who has been
             provided with an adjudication certificate by an
             authorised nominating authority, applying to the
             Court by filing in the Court the certificate and
             affidavit that are required to be filed under
             section 28R of the Act.
10.03 Power of registrar to make order in proceedings
      under section 28R of the Act
             In any proceeding commenced under Rule 10.02,
             the Court constituted by a registrar may make an
             order that the respondent pay the person applying
             under that Rule the unpaid amount if the registrar
             is satisfied that—




                                 21
              Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                     S.R. No. 141/2010
                                          Order 10
r. 10.04


                         (a) the adjudication certificate has been provided
                             by the authorised nominating authority; and
                         (b) an amount payable under section 28M
                             or 28N of the Act has not been paid.
           10.04 Setting aside an order
                        Order 46 of the Magistrates' Court General Civil
                        Procedure Rules 2010, with any necessary
                        modifications, applies to making an application to
                        set aside an order in any proceeding under
                        section 28R of the Act.
           10.05 Certification of debt by Court
                   (1) For the purposes of section 33 of the Act, the
                       court may be constituted by a registrar.
                   (2) An application for an order under section 33(1) of
                       the Act may be made in writing and Order 46 of
                       the Magistrates' Court General Civil Procedure
                       Rules 2010 does not apply to any such
                       application.
           10.06 Application for stay of payments
                   (1) For the purposes of section 37(1) of the Act, an
                       application by a principal for a stay of payments
                       under that section must be made in the proceeding
                       in which the claimant has obtained an order for
                       the adjudicated amount or part of the adjudicated
                       amount as referred to in section 30(c) of the Act.
                   (2) Order 46 of the Magistrates' Court General Civil
                       Procedure Rules 2010, with any necessary
                       modification, applies to an application under
                       section 37(1) of the Act.
                                __________________




                                            22
   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                          S.R. No. 141/2010
                               Order 11
                                                                     r. 11.01


                            ORDER 11

                  MISCELLANEOUS RULES
11.01 Civil registry courts
             The civil registry courts are those venues of the
             Court listed in the Appendix to these Rules.
11.02 Jurisdiction of Neighbourhood Justice Division
             For the purposes of section 4O(3)(d) of the Act,
             with respect to the civil jurisdiction of the Court,
             the following are specified—
              (a) a proceeding under the Fences Act 1968;
                  and
              (b) a proceeding under the Family Law Act 1975
                  of the Commonwealth in which the Court
                  has federal jurisdiction under section 39(6)
                  or 69J of that Act.
11.03 General power of amendment
             For the purpose of determining the real question
             in issue between the parties to any proceeding, or
             of correcting any defect or error in any
             proceeding, or of avoiding multiplicity of
             proceedings, the Court may at any stage order that
             any document (including a complaint) in a
             proceeding be amended or that any party have
             leave to amend any document in the proceeding.
11.04 Registrar's power of amendment
        (1) At the request of a party made before service of a
            complaint, the registrar may amend the complaint.
        (2) The registrar must record on the complaint the
            date of any amendment.




                                 23
              Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                     S.R. No. 141/2010
                                          Order 11
r. 11.05


           11.05 Directions
                        At any stage of a proceeding the Court may give
                        any direction for the conduct of the proceeding
                        which it thinks conducive to its effective,
                        complete, prompt and economical determination.
           11.06 Preservation of property
                   (1) In any proceeding, the Court may make an order
                       for the inspection, detention or preservation of any
                       property whether or not in the possession, custody
                       or power of a party.
                   (2) An order under subrule (1) may authorise any
                       person to—
                         (a) enter any land or do any other thing for the
                             purpose of obtaining access to the property;
                         (b) take samples of the property;
                         (c) make observations (including the
                             photographing) of the property;
                         (d) conduct any experiment on or with the
                             property;
                         (e) observe any process.
                   (3) If the Court makes an order under subrule (1) the
                       Court may make an order for the costs and
                       expenses of any person who is not a party to the
                       proceeding.
                   (4) The Court may make an order under this Rule on
                       condition that the person applying for the order
                       gives security for the costs and expenses of any
                       person, whether or not a party, who will be
                       affected by the order.




                                            24
   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                          S.R. No. 141/2010
                               Order 11
                                                                     r. 11.07


11.07 Practice notes
             The Chief Magistrate may from time to time issue
             practice directions or notes not inconsistent with
             the Act or these Rules.
                     __________________




                                 25
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 3A


                              FORMS FOR CHAPTER II
                                         CHAPTER II

          RULE 3.03                         FORM 3A

                SERVICE AND EXECUTION OF PROCESS ACT 1992

                                             ORDER
          IN THE MAGISTRATES' COURT                                       Court Number
          OF VICTORIA
          AT
          BETWEEN                               A.B.                         Plaintiff
                                            (full name)
          OF
                                       (address of plaintiff)
          and
                                                C.D.                         Defendant
                                            (full name)
          OF
                                      (address of defendant)


          Magistrate:
          Date of order:
          Nature of complaint:
          How obtained:          [state whether on hearing or arbitration or on
                                 application before hearing, identifying party filing
                                 application]
          Attendances:           [set out attendance or non-attendance of any person
                                 entitled to attend and, if attending, whether by counsel
                                 or solicitor]
          Other matters:         [state any finding of jurisdictional fact, undertaking of
                                 party or other matter as directed by Court]




                                                26
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                              Form 3A

The Court orders that:
1.
2.                       [terms of order]




I certify that this is a true and correct record.
                                                                  Registrar
                            __________________




                                         27
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 3B


                                            CHAPTER II

          RULE 3.03                           FORM 3B

                SERVICE AND EXECUTION OF PROCESS ACT 1992

                                 DEFAULT ORDER FOR DEBT
                                       [heading as in Form 3A]

          Date of order:
          Nature of proceedings:
          How obtained:                        In default of notice of defence.
          The order of the Court is that:
          [e.g.: The defendant pay the plaintiff $            and $      interest and $
          costs].
          I certify that this is a true and correct record.
                                                                                  Registrar
                                      __________________




                                                   28
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                 Form 3C


                               CHAPTER II

RULE 3.04                         FORM 3C

      SERVICE AND EXECUTION OF PROCESS ACT 1992

            AFFIDAVIT IN SUPPORT OF ENFORCEMENT
                           [heading as in Form 3A]

I, [name]                              of [address]
in the State of                                     MAKE OATH AND SAY:
1.   I am *the plaintiff
           *a solicitor in the firm of [name of firm], solicitors for the
     plaintiff, and I have the care and conduct of this matter and make this
     affidavit according to my information and belief.
2.   Judgment was entered in the [name of court] at [place] in the State of
     [State] on [date]. The terms of the judgment were that the defendant
     pay the plaintiff the sum of $ [claim] with $ [interest] and $ [costs].
3.   The nature of the proceedings was for [describe the nature of
     proceedings/cause of action].


4.   The amount of the judgment which is sought to be enforced is
     $ [amount] and is the extent the judgment is capable of being enforced
     in the court of rendition.
5(a). The reasonable costs and expenses of and incidental to obtaining and
      lodging the copy of the judgment are $ [amount], being the sum paid to
      obtain a sealed copy of the judgment and $ [amount], being the cost of
      registering the judgment in Victoria, making a total of $ [amount].
5(b). The costs and expenses reasonably incurred in attempting to execute the
      judgment in the court of rendition or in another State are—
     [set out details of the costs and expenses].


6.   Pursuant to section [description] of the [name of the relevant
     legislation], interest is payable on the judgment from [date] to the date
     of payment of the judgment [describe the provisions of the legislation
     referred to which provides the basis of interest calculation].
7.   At the date of judgment the applicable interest rate was [percentage
     figure] %. On [date] the interest rate *will be/was* varied to
     [percentage figure] %.



                                      29
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 3C

          8.   At the date of swearing this affidavit, interest in the sum of $ [amount]
               has accrued and is calculated as follows—
               [date of judgment] to [date], [number] days @ [percentage figure] % =
               $       .
               [If relevant, provide additional calculations taking into account
               payments or variations in interest rate e.g.—
               [date] to [date], [number] days @ [percentage figure] % = $         .]


          Sworn etc.
          *Delete if inapplicable
                                    __________________




                                                30
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                 Form 5A


                               CHAPTER II

RULE 5.02(2)                      FORM 5A

                          NOTICE OF APPEAL
IN THE MAGISTRATES' COURT                      20          No.
OF VICTORIA
AT
                                                    In the matter of an appeal
                                                    pursuant to [name of the
                                                    Act and section of Act
                                                    under which appeal is
                                                    brought].
APPLICANT: [name and address]
RESPONDENT: [name and address]
The appellant appeals against [set out briefly the substance of the order or
decision appealed against].
Date of order or decision:
Grounds of appeal: [set out specifically the grounds of appeal]
Dated: [e.g. 5 September 20        ].
                                                         [Signed by appellant]
                          __________________




                                        31
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 6A


                                          CHAPTER II

          RULE 6.02(1)(c)                   FORM 6A

                APPLICATION FOR APPOINTMENT OF NOMINAL
                              DEFENDANT
                                     [heading as in Form 3A]

          TO: [Identify each party (if any) to whom application is addressed]
          YOU are summoned to attend before the Court on the hearing of an
          application by the [identify party]. The [identify party] applies to the Court
          for an order to appoint a nominal defendant for the purposes of a claim for
          compensation. The circumstances and grounds of the application are set out
          in the accompanying affidavit.
          FILED: [e.g. 5 September 20       ].
          This application was filed by               , Australian lawyer for the
          [identify party].
                                    __________________




                                                 32
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                 Form 6B


                               CHAPTER II

RULE 6.02(3)(a)                   FORM 6B

  NOTICE OF APPOINTMENT OF NOMINAL DEFENDANT
                            [heading as in Form 3A]

In the matter of the Workers Compensation Act 1958
TAKE NOTICE THAT:
At the request of [identify party] the Court has this day appointed [name of
nominal defendant] of [address] as a nominal defendant for the purposes of
these proceedings, *in place of an alleged employer—[name of alleged
employer]
*in the place of an employer who cannot be identified [or as the case
may be].
A copy of the application for appointment and the accompanying affidavit,
together with a copy of the originating process in these proceedings is
attached to this Notice.
The complaint is listed for [nature of hearing] by the Court at [venue] at
[time] on [date].
Dated: [e.g. 5 September 20        ].
                                                        [Signature of party or
                                                        Australian lawyer for
                                                        party
                                                        who obtained order]
* Delete if inapplicable.
                            __________________




                                        33
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 6C


                                         CHAPTER II

          RULE 6.04(1)(b)                   FORM 6C

          NOTICE OF REQUEST PURSUANT TO SECTION 45(1)(b) OF
               THE ACCIDENT COMPENSATION ACT 1985
                                     [heading as in Form 3A]

          In the matter of the Accident Compensation Act 1985.
          Take notice that [identify party] will request the Magistrates' Court at [venue]
          on [date] at [time] to refer the following medical questions to a medical panel
          for an opinion—
               (a)
               (b)
               (c)
          Signed:
          Dated: [e.g. 5 September 20        ].
                                    __________________




                                                  34
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                  Form 6D


                                CHAPTER II

RULE 6.05(a)                      FORM 6D

                                APPLICATION
                           [heading as in Form 3A]

TO: [identify each party to whom application is addressed]
YOU are summoned to attend before the Court on the hearing of an
application by the [party] for [describe the order sought].
The application will be heard by the Court at [venue] at [time] on [date].
                                                                      Registrar
FILED: [e.g. 5 September 20        ].
This application was filed by                  , Australian lawyer for
[identify party].
                          __________________




                                        35
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 7A


                                         CHAPTER II

          RULE 7.03                         FORM 7A

            NOTICE TO DEFENDANT UNDER CORPORATIONS ACT
                                      [heading as in Form 3A]

          TO: [name and address of each defendant (if any)]
          This complaint will be mentioned at [venue] at [time] on [date].
          If you intend to defend the complaint you must attend:
            (a) in person or instruct a legal practitioner to attend on your behalf on the
                mention date; and
            (b) give a notice of defence in accordance with Order 8 of the Magistrates'
                Court General Civil Procedure Rules 2010.
          If you or your legal practitioner do not attend on the mention date the Court
          may:
            (a) make a final order;
            (b) give directions as to the future conduct of the proceeding; or
            (c) hear any application.
          Dated: [e.g. 5 September, 20        ].
                                                                                 Registrar
                                   __________________




                                                   36
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                  Form 8A


                               CHAPTER II

RULE 8.01(1)                     FORM 8A

         AFFIDAVIT IN SUPPORT OF SUMMONS FOR
                     COMMITMENT
                          [heading as in Form 3A]

I,                         of                     , the abovenamed plaintiff
[or Australian lawyer for the abovenamed plaintiff] make oath and say:
1.   By an order dated [e.g. 5 September, 20       ] it was ordered that
     [judgment debtor] should pay me [or the plaintiff] the sum of
     $ [amount] together with $ [amount] costs [or as the case may be].
2.   The sum of $ [amount] ordered to be paid [or $ [amount]], part of the
     sum ordered to be paid is still due and unpaid.
3.   I am informed by [name and address] and believe that since the date of
     the order made against the defendant, the defendant has had sufficient
     means and ability to pay the sum in respect of which the defendant has
     made default and has refused or neglected and still refuses or neglects to
     pay.
Sworn, etc.
                         __________________




                                     37
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 9A


                                           CHAPTER II

          RULE 9.03(1)                       FORM 9A

                                          COMPLAINT
                                      (Instruments Act 1958)
                                      [heading as in Form 3A]

          TO THE DEFENDANT
          TAKE NOTICE that this proceeding has been brought against you by the
          plaintiff for the claim set out in this complaint.
          IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE
          NOTICE of your intention by first obtaining the leave of the Court to defend
          the claim and then giving notice of defence.
          IF YOU DO NOT OBTAIN THE LEAVE OF THE COURT TO DEFEND,
          the plaintiff may OBTAIN AN ORDER AGAINST YOU on the claim
          without further notice.
          THE PROPER TIME FOR OBTAINING LEAVE TO DEFEND is as
          follows—
            (a) where you reside within 80 kilometres of the post office corner of
                Bourke and Elizabeth Streets, Melbourne, within 16 days of service;
            (b) where you reside beyond that distance, within 21 days after service.
          IF YOU PAY the amount of the claim, namely $ [amount] and $ [amount]
          for legal costs to the plaintiff or to the plaintiff's Australian lawyer within the
          proper time stated above, this proceeding will come to an end.
          Notwithstanding the payment you may have the costs fixed by the Court.
          APPLICATION FOR LEAVE TO DEFEND must be made within the proper
          time stated above to the Court at the venue of the Court at which this
          complaint was filed.
          THE COURT MAY GIVE LEAVE TO DEFEND if you—
            (a) pay into Court the amount claimed, namely, $ [amount]; or
            (b) file affidavits satisfactory to the Court which disclose—
                    (i) a defence; or
                    (ii) such facts as would make it incumbent on the holder to prove
                         consideration; or




                                                  38
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                   Form 9A

         (iii) such other facts as the Court considers sufficient to support the
               application.
DATE OF FILING:

     THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED
           COURT NUMBER AND THE DATE OF FILING
                              Particulars of Claim
The Plaintiff claims $ [amount] principal and interest [or $ [amount] balance
of principal and interest] due to the payee [indorsee or bearer] of a bill of
exchange [promissory note or order for the payment of money] of which the
following is a copy.
                  [Here copy bill and all indorsements on it]
1.    This Complaint was filed by—
       * the plaintiff in person;
       * for the plaintiff by [name of firm of Australian lawyer], Australian
         lawyer(s), of [business address of Australian lawyer].
2.    The address of the plaintiff is—
3.    The address for service of the plaintiff is—[If the plaintiff sues by an
      Australian lawyer, the business address of the Australian lawyer. If the
      plaintiff sues in person, the address in 2.]
4.    The address of the defendant is—


* Delete if inapplicable.
                            __________________




                                         39
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 9B


                                         CHAPTER II

          RULE 9.04(3)                       FORM 9B

                       APPLICATION FOR LEAVE TO DEFEND
                                      (Instruments Act 1958)
                                      [heading as in Form 3A]

          THE DEFENDANT APPLIES for leave to defend this claim.
          *    On [date] the sum of $ [amount] (being the sum claimed in the
               complaint) was paid into Court by the defendant.
          *    The affidavit(s) of [names of deponents] setting out the facts upon
               which the defendant relies in the application are filed herewith.
                                                     * Defendant
                                                     * Defendant's Australian lawyer
          FILED:     [e.g. 5 September, 20     ].
          1.   This application was filed by—
                 * the defendant in person;
                 * for the defendant by [name or firm of Australian lawyer],
                   Australian lawyer(s), of [business address of Australian lawyer].
          2.   The address of the defendant is—
          3.   The address for service of the defendant is—[If the defendant defends
               by an Australian lawyer, the business address of the Australian lawyer.
               If the defendant sues in person, the address in 2.]
          4.   The date of service of the complaint was [date].
          * Delete if inapplicable.
                                      __________________




                                                40
      Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                             S.R. No. 141/2010

                                                                                 Form 9C


                               CHAPTER II

RULE 9.05(2)                      FORM 9C

                     APPLICATION FOR ORDER
                            (Instruments Act 1958)
                            [heading as in Form 3A]

1.   The plaintiff requests that an order be made for $ [amount] plus interest
     at the rate of [rate]% to the date of the order.
2.   The defendant has not been given leave to defend this complaint
     within the time provided for in section 5 of the Instruments Act 1958.
3.   An affidavit stating the matter in which the complaint was served has
     been previously filed with the Court.
4.   The plaintiff's costs are—
FILED: [e.g. 5 September, 20        ].
                                              * Plaintiff
                                              * Plaintiff's Australian lawyer
* Delete if inapplicable.
                            __________________




                                         41
                Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                       S.R. No. 141/2010

Form 9D


                                         CHAPTER II

          RULE 9.06                         FORM 9D

                              NOTIFICATION OF DECISION
                                      (Instruments Act 1958)
                                      [heading as in Form 3A]

          TO THE PLAINTIFF AND TO THE DEFENDANT
          APPLICATION FOR LEAVE TO DEFEND was filed on [date] and has
          been considered by the Court.
          The Court orders as follows—
          *    Application for leave to defend refused.
          *    Application for leave to defend granted upon condition—[set out
               conditions, if any].
          Dated: [e.g. 5 September, 20       ].
                                                                            Registrar
          * Delete if inapplicable.
                                      __________________




                                                  42
       Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                              S.R. No. 141/2010

                                                                                Form 9E


                                  CHAPTER II

RULE 9.07(1)(a)                    FORM 9E

     APPLICATION FOR LEAVE TO DEFEND AFTER ORDER
                        MADE
                            (Instruments Act 1958)
                            [heading as in Form 3A]

TO THE PLAINTIFF
THE DEFENDANT did not obtain leave to defend the above complaint and
on [date] an order was made against the defendant for $ [amount] with
$ [amount] costs.
TAKE NOTICE that the defendant will apply to the Court at [time] on [date]
for an order that the order made be set aside and that leave to defend the
complaint be granted.
The special circumstances upon which the defendant relies in support of this
application are—[set out special circumstances].
FILED: [e.g. 5 September, 20        ].
                                              * Defendant
                                              * Defendant's Australian lawyer
                                               Registrar
1.    This application was filed by—
      *the defendant in person;
      *for the defendant by [name or firm or Australian lawyer], Australian
      lawyer(s), of [business address of Australian lawyer].
2.    The address of the defendant is—
3.    The address for service of the defendant is—[If the defendant defends
      by an Australian lawyer, the business address of the Australian lawyer.
      If the defendant sues in person, the address in 2.]
* Delete if inapplicable.
                            __________________




                                         43
                   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                          S.R. No. 141/2010

Appendix


                                            APPENDIX

                                 CIVIL REGISTRY COURTS

           Ararat                     Hamilton                  Orbost
           Bacchus Marsh              Heidelberg                Ouyen
           Bairnsdale                 Hopetoun                  Portland
           Ballarat                   Horsham                   Ringwood
           Benalla                    Kerang                    Robinvale
           Bendigo                    Korumburra                St. Arnaud
           Broadmeadows               Kyneton                   Sale
           Castlemaine                Latrobe Valley            Seymour
           Cobram                     Mansfield                 Shepparton
           Colac                      Maryborough               Stawell
           Neighbourhood Justice      Melbourne                 Sunshine
           Centre, Collingwood
           Corryong                   Mildura                   Swan Hill
           Dandenong                  Moe                       Wangaratta
           Dromana                    Moorabbin Justice         Warrnambool
                                      Centre
           Echuca                     Myrtleford                Werribee
           Frankston                  Nhill                     Wodonga
           Geelong                    Omeo                      Wonthaggi




                                                  44
    Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                           S.R. No. 141/2010

                                                                      Appendix


Dated: 26 October 2010
              I GRAY,
              Chief Magistrate
              L MARTIN,
              Deputy Chief Magistrate
              PETER LAURITSEN,
              Deputy Chief Magistrate
                      ═══════════════




                                  45
                   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                          S.R. No. 141/2010

Endnotes



                                            ENDNOTES

           1. General Information
             The Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010,
             S.R. No. 141/2010 were made on 26 October 2010 by the Chief Magistrate
             together with 2 Deputy Chief Magistrates jointly under section 16 of the
             Magistrates' Court Act 1989, No. 51/1989 and came into operation on
             1 January 2011: rule 1.03.
             The Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 will
             sunset 10 years after the day of making on 26 October 2020 (see section 5 of
             the Subordinate Legislation Act 1994).




                                                  46
        Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                               S.R. No. 141/2010

                                                                              Endnotes


2. Table of Amendments
  There are no amendments made to the Magistrates' Court (Miscellaneous
  Civil Proceedings) Rules 2010 by statutory rules, subordinate instruments
  and Acts.




                                       47
                   Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010
                                          S.R. No. 141/2010

Endnotes


           3. Explanatory Details
             No entries at date of publication.




                                                  48

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:4
posted:2/7/2012
language:
pages:52