Victorian Repealed Regulations

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This legislation has been repealed.

COUNTY COURT MISCELLANEOUS RULES 1999

S.R. No. 78/1999
Version incorporating amendments as at 2 January 2008

TABLE OF PROVISIONS

           Rule Page
           ORDER 1-PRELIMINARY
   1.01.   Title
   1.02.   Object
   1.03.   Authorising provisions
   1.04.   Commencement
   1.05.   Revocation
   1.06.   Definitions
           ORDER 2-APPEALS TO COUNTY COURT UNDER SUBDIVISION 1, DIVISION 4 OF PART 4 OF THE MAGISTRATES' COURT ACT 1989 AND UNDER DIVISION 8
           OF PART 3 AND DIVISION 8 OF PART 4 OF THE CHILDREN AND YOUNG PERSONS ACT 1989.
   2.01.   Application
   2.02.   Definitions
   2.03.   Notice of appeal (under section 83 of the Magistrates' Court Act 1989) undertaking to prosecute and Schedule 6 clause 1(4A) statement and Notice of Appeal by Director of Public Prosecutions
   2.04.   Notice pursuant to clause 1(4B)(a) of Schedule 6 to the Magistrates' Court Act 1989.
   2.05.   Notice of appeal (under section 116 or 197 of the Children and Young Persons Act 1989) and undertaking to prosecute
   2.06.   Practitioner to notify that he or she acts
   2.07.   Notice of abandonment-imprisonment or detention
   2.08.   Notice of abandonment-other sentencing order
   2.09.   Application for leave to abandon appeal out of time
   2.10.   Notice of abandonment-Registrar to make order
   2.11.   Order striking out appeal
   2.12.   Registrar to fix appeal
   2.13.   Recording of decision
   2.14.   Copies of record
   2.15.   Application to set aside order striking out appeal for failure to appear
   2.16.   Application for rehearing of appeal
   2.17.   Application for leave to apply out of time for rehearing of appeal
           ORDER 3-REMITTED AND TRANSFERRED ACTIONS
   3.01.   Application
   3.02.   Definition
   3.03.   Proceeding remitted and proceeding tried by consent
   3.04.   Statement of cause of action
   3.05.   Time for taking any step, doing any act
           ORDER 4-PROCEEDINGS UNDER THE INSTRUMENTS ACT 1958.
   4.01.   Application
   4.02.   General
   4.02.   1. Definition
   4.03.   Form 2-4A.
   4.04.   Final judgment when leave not obtained
   4.05.   Application for leave to appear and to defend and for leave to commence more than one proceeding on 2 or more bills
   4.06.   Endorsement of decision
   4.07.   Registrar to inform parties
   4.08.   Leave to defend equivalent to appearance
           ORDER 5-OFFICERS
   5.01.   Registrar to keep seal and books
   5.02.   Registrar to permit searches in most cases
   5.03.   Registrar to have general administrative control
   5.04.   Additional powers
   5.05.   Pre-trial matters after setting down
   5.06.   Deputy registrars
           ORDER 6.
           ORDER 7-COMMERCIAL ARBITRATION
   7.01.   Definition
   7.02.   Application of Order
   7.03.   Jurisdiction
   7.04.   Enforcement of award
   7.05.   Indorsement and service of order
   7.06.   Appeal under section 38.
   7.07.   Application under section 39(1)
   7.08.   Application under section 42 or 43.
   7.09.   Offer of compromise
   7.10.   Form of offer
   7.11.   Time for making, accepting, payment under etc. offer
   7.12.   Effect of offer
   7.13.   Disclosure of offer
   7.14.   Failure to comply with accepted offer
   7.15.   Costs where offer not accepted
   7.16.   Hearing on costs
           ORDER 8-PAYMENT INTO COURT BY BANK GUARANTEE
   8.01.   Application
   8.02.   Payment by way of irrevocable guarantee
   8.03.   Requirement of guarantee
   8.04.   Liability of bank
           ORDER 9-FINE ENFORCEMENT RULES
   9.01.   Definitions
   9.02.   Proper officer
   9.03.   Application
   9.04.   Stay of enforcement or execution
   9.05.   Consideration of application
   9.06.   Order and notice
   9.07.   Enforcement of fine against a natural person
   9.08.   Enforcement of fine against body corporate
   9.09.   Undertaking to appear
   9.10.   Service of notices and orders
   9.11.   Warrant of commitment
           ORDER 10-CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME
   10.01.  Definitions
   10.02.  Application of this Order
   10.03.  Making of application to the Court
   10.04.  Notice and service generally
   10.05.  Applications for restraining orders and monitoring orders
   10.06.  Application without notice under the Act
   10.07.  Other applications generally under Commonwealth Act
   10.08.  Notice of application
   10.09.  Filing and directions
   10.10.  Notice of opposition to an application
   10.11.  Evidence
   10.12.  Notice of order or declaration
   10.13.  Notice of discharge
           ORDER 10A-Revoked
   10A.01. 10A.05 Revoked
           ORDER 11-PRE-TRIAL CRIMINAL PROCEDURE RULES
   11.01.  Application
   11.02.  Definitions
   11.03.  Notice by solicitor to DPP and CTLD
   11.04.  Copy presentment to be served
   11.05.  Notification of readiness for trial
   11.06.  Notice by solicitor to Registrar
   11.07.  Unrepresented accused person
   11.08.  Questionnaire
   11.09.  Costs liability
   11.10.  Pre-trial conference
   11.11.  Pre-trial hearing
           ORDER 11A-APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958.
   11A.01. Application of Order
   11A.02. Application under section 42E.
   11A.03. Application under section 42L.
   11A.04. Application under section 42M.
   11A.05. Application under section 42N.
   11A.06. Application under section 42P.
           ORDER 12-PROCEEDINGS UNDER IMPRISONMENT OF FRAUDULENT DEBTORS ACT 1958.
   12.01.  Application
   12.02.  Filing of summons
   12.03.  Service of summons
   12.04.  Affidavit of service
   12.05.  Contents of affidavit in support
   12.06.  Witnesses
   12.07.  Warrants to be returned
   12.08.  Certificate of payment
   12.09.  Costs
   12.10.  Indorsement on warrant
   12.11.  Discharge by payment
           ORDER 13-PROCEEDINGS UNDER PART IV OF THE ADMINISTRATION AND PROBATE ACT 1958.
   13.01.  Definitions
   13.02.  Application
   13.03.  Application by originating motion
   13.04.  Parties to application
   13.05.  Directions to be given
   13.06.  Summons for directions
   13.07.  Directions
   13.08.  Failure to comply with directions
   13.09.  Production of probate
   13.10.  Procedure after order for plaintiff
           ORDER 14-SUMMONS TO WITNESS IN CRIMINAL PROCEEDINGS
   14.01.  Subpoenas
           ORDER 15-SERVICE AND EXECUTION OF PROCESS RULES
   15.01.  Definitions
   15.02.  How application made
   15.03.  Enforcement of judgment
   15.04.  Costs
           ORDER 16-APPLICATIONS UNDER SECTION 26(4) OF THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996.
   16.01.  Application of Order
   16.02.  Application for approval of a proposed change of name for a child
   16.03.  Order
   16.04.  Other applications
           ORDER 17-JURY SERVICE APPEALS
   17.01.  Definitions
   17.02.  Application
   17.03.  Lodgment of appeal under section 10.
   17.04.  Papers for Judge
   17.05.  Judge to consider papers
   17.06.  Hearing of appeal
   17.07.  If appellant does not appear at hearing
           __________________
           FORMS
           Form 2-2A-Notice of Appeal (Pursuant to Section 83), Undertaking to Prosecute and Acknowledgement of Schedule 6, Clause 1(4A) Notice
           Form 2-2AA, 2-2AB-Revoked
           Form 2-2B-Notice of Appeal
           Form 2-2C-Notice Pursuant to Schedule 6 Clause 1(4B)(a) of the Magistrates' Court Act 1989.
           Form 2-2CA-Revoked
           Form 2-2D-Notice of Appeal and Undertaking to Prosecute
           Form 2-2E-Notice of Abandonment of Appeal
           Form 2-2F-Notice of Abandonment of Appeal
           Form 2-2G-Notice of Abandonment of Appeal
           Form 2-2H-Application for Leave to Abandon Appeal from the Magistrates' Court Out of Time
           Form 2-2J-Order Striking Out Appeal
           Form 2-2K-Order Striking Out Appeal
           Form 2-2L-Notice to Certain Officials of a County Court's Appeal Decision
           Form 2-2M-Notice to Certain Officials of County Court's Appeal Decision
           Form 2-2N-Application to Set Aside Order Striking Out Appeal for Failure to Appear
           Form 2-2O-Application for Rehearing of Appeal
           Form 2-2P-Application for Leave to Apply Out of Time for
           Rehearing of Appeal
           Form 2-4A-Writ-Instruments Act 1958.
           Form 2-4B-Application for Leave to Appear and to Defend
           Form 2-4C-Application for Leave to Commence more than One Proceeding on 2 or more Bills
           Form 2-8A-Irrevocable Guarantee
           Form 2-8B-Notice of Discharge and Payment into Court
           Form 2-9A-Application
           Form 2-9B-Notice of Hearing of Application
           Form 2-9C-Notice About the Procedure for Enforcement of Fines
           Form 2-9D-Consent to a Community Based Order
           Form 2-9E-Community Based Order in Default of Payment of a Fine
           Form 2-9F-Summons for Failure to Pay a Fine
           Form 2-9G-Warrant to Arrest for Failure to Pay a Fine
           Form 2-9H-Notice About the Procedure for Enforcement of a Fine (Bodies Corporate)
           Form 2-9J-Warrant of Commitment
           Form 2-10A-Application Under Section 98 for Examination Order
           Form 2-10B-Application Under Section [insert relevant section and relevant Act] for Restraining Order
           Form 2-10C-Notice of Application Made Under Section 16.
           Form 2-10D-Notice of Application to be Made Under Section 20
           for Exclusion Order
           Form 2-10E-Notice of Application to be Made Under Section 26
           for Further Orders
           Form 2-10F-Notice of Application to be Made Under Section 32
           for Forfeiture Order
           Form 2-10FA-Notice of Application to be Made Under Section 37
           for Civil Forfeiture Order
           Form 2-10G-Notice of Application to be Made Under Section 45
           for Relief from Hardship
           Form 2-10H-Notice of Application to be Made Under Part 6 of the Confiscation Act for Exclusion Order
           Form 2-10J-Notice of Application to be Made Under Section 58 for Pecuniary Penalty Order
           Form 2-10K-Notice of Application Made Under Section 98 for Examination Order
           Form 2-10L-Notice of Application to be Made Under Section
           [Insert Number] of the Confiscation Act 1997.
           Form 2-10M-Important Note
           Form 2-10N-Notice of Discharge of Forfeiture
           Form 2-10O-Application Under Section [insert relevant section
           and relevant Act] for Monitoring Order
           Forms 2-10AA, 2-10AB-Revoked
           Form 2-11A-Notice that Solicitor Acts
           Form 2-11B-Notice that Solicitor has Ceased to Act
           Form 2-11C-Notice to Accused Person
           Form 2-11D-Notice of Readiness for Trial
           Form 2-11E-Questionnaire
           Form 2-11F-Application for Pre-Trial Hearing
           Form 2-11AA-Notice of Application Under Section 42L of the Evidence Act 1958.
           Form 2-11AB-Notice of Application Under Section 42M, 42N
           or 42P of the Evidence Act 1958.
           Form 2-12A-Affidavit in Support of a Summons to Debtor
           Form 2-12B-Certificate of Payment
           Form 2-16A-Notice of Application by a Child's Parent for Approval
           of a Proposed Change of Name of a Child
           Form 2-16B-Affidavit in Support of Application for Approval of a Proposed Change of Name of a Child
           Form 2-16C-Order Approving a Proposed Change of Name for
           a Child
           Form 2-16D-Notice of Application
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details
           ORDER 1
           PRELIMINARY


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