MAGISTRATES' COURT ACT 1989 - SECT 16 Rules of Court
MAGISTRATES' COURT ACT 1989 - SECT 16
Rules of CourtS. 16(1) amended by Nos 64/1996 s. 30(1)(a), 20/2022 s. 34(1).
(1) The Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to the following—
(a) any matter dealt with in the Rules referred to in subsection (5);
S. 16(1)(ab) inserted by No. 47/2010 s. 89(a).
(ab) furthering the overarching purpose set out in the Civil Procedure Act 2010 and the conduct of civil proceedings in accordance with the principles set out in that Act, including the overarching obligations;
S. 16(1)(ac) inserted by No. 47/2010 s. 89(a).
(ac) the conduct of civil proceedings and parties to civil proceedings generally, including, but not limited to, the imposition of limits, restrictions or conditions on any party in respect of any aspect of the conduct of civil proceedings;
S. 16(1)(ad) inserted by No. 47/2010 s. 89(a).
(ad) case management;
S. 16(1)(ada) inserted by No. 25/2014 s. 11.
(ada) discovery and disclosure;
S. 16(1)(ae) inserted by No. 47/2010 s. 89(a).
(ae) any other matter or thing required or permitted by or under the Civil Procedure Act 2010 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
(b) the prescription of the civil proceedings or class of civil proceedings which may be dealt with by the Court constituted by a registrar;
(c) the prescription of any venue of the court as a civil registry court;
S. 16(1)(ca) inserted by No. 58/2013 s. 48.
(ca) any other matter or thing required or permitted by or under the Open Courts Act 2013 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
S. 16(1)(cb) inserted by No. 42/2014 s. 107.
(cb) any matter or thing required or permitted by or under the Vexatious Proceedings Act 2014 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act;
S. 16(1)(cc) inserted by No. 21/2016 s. 22.
(cc) any other matter or thing required or permitted by or under Part 4A of the Sex Offenders Registration Act 2004 to be dealt with by rules of court or otherwise necessary or required for the purposes of Part 4A of that Act;
S. 16(1)(cd) inserted by No. 18/2018 s. 18.
(cd) the conduct of civil proceedings and parties to civil proceedings conducted in accordance with the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 , including, but not limited to—
(i) the imposition of limits, restrictions or conditions on any party (including proper defendants) in respect of any aspect of the conduct of those proceedings; and
(ii) the direction or ordering of parties (including proper defendants) to those proceedings; and
(iii) the modification of any rule, practice or procedure in its application to proper defendants under that Act; and
(iv) any other matter or thing necessary or required for the purposes of that Act or arising from civil proceedings conducted in accordance with that Act;
S. 16(1)(ce) inserted by No. 3/2019 s. 30.
(ce) any matter or thing required or permitted by or under Division 5 of Part 5 of the Second-Hand Dealers and Pawnbrokers Act 1989 to be dealt with by rules of court or otherwise necessary or required for the purposes of Division 5 of Part 5 of that Act;
(d) appeals in civil proceedings by way of re‑hearing or otherwise to the Court constituted by a magistrate from the Court constituted by a registrar;
(e) the payment of money into and out of court in civil proceedings and the investment of that money;
S. 16(1)(ea) inserted by No. 10/1999 s. 22.
(ea) the service of documents in civil proceedings, including service outside Australia;
(f) any matter relating to the practice and procedure of the Court in civil proceedings;
S. 16(1)(fa) inserted by No. 64/1996 s. 30(1)(b).
(fa) the reference of any civil proceeding or of any part of a civil proceeding to mediation;
S. 16(1)(fb) inserted by No. 51/2000 s. 4.
(fb) the referral of any civil proceeding, or any part of a civil proceeding, for a pre-hearing conference and the conduct of pre-hearing conferences;
S. 16(1)(fc) inserted by No. 50/2009 s. 14.
(fc) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences;
S. 16(1)(fd) inserted by No. 47/2010 s. 89(b).
(fd) without limiting paragraphs (fa), (fb) and (fc), the referral, direction or ordering of parties to a civil proceeding to any form of appropriate dispute resolution, whether with or without the consent of the parties;
(g) any matter relating to the enforcement of orders made by the Court in civil proceedings;
S. 16(1)(ga) inserted by No. 33/2018 s. 49(1).
(ga) electronic communication and electronic processes, including, but not limited to—
(i) applications by electronic means, electronic filing and electronic service of documents in any civil proceeding; and
(ii) the transmission and issuing of orders, processes and other documents by electronic communication; and
(iii) use of electronic signatures and seals;
S. 16(1)(h) inserted by No. 33/1994 s. 5(1).
(h) the storage, disposal or destruction of documents—
(i) filed or lodged with the appropriate registrar in civil proceedings; or
S. 16(1)(h)(ii) amended by No. 31/2001 s. 7(1).
(ii) issued out of the Court in civil proceedings and kept by the principal registrar;
S. 16(1)(i) inserted by No. 31/2001 s. 7(2).
(i) the conduct of, and procedure for, or in relation to, substituted proceedings to which Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 applies including, but not limited to, the form or manner in which substituted proceedings are to be commenced.
S. 16(1A) inserted by No. 19/2005 s. 7(2), amended by No. 20/2022 s. 34(1).
(1A) The Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to the following—
(a) prescribing by scale or otherwise the costs of and incidental to criminal proceedings in the Court;
S. 16(1A)(b) amended by No. 68/2009 s. 97(Sch. item 82.17).
(b) prescribing a method for the electronic filing of charge-sheets;
S. 16(1A)(ba) inserted by No. 33/2018 s. 49(2).
(ba) electronic communication and electronic processes, including, but not limited to—
(i) applications by electronic means, electronic filing and electronic service of documents in any criminal proceeding; and
(ii) the transmission and issuing of orders, processes and other documents by electronic communication; and
(iii) use of electronic signatures and seals;
(c) the form in which process may be issued out of the Court and the manner in which it may be authenticated, stored, transmitted or otherwise dealt with;
S. 16(1A)(ca) inserted by No. 8/2008 s. 11, amended by No. 68/2009 s. 97(Sch. item 82.18).
(ca) any matter relating to sentence indications under Division 3 of Part 3.3 of Chapter 3 of the Criminal Procedure Act 2009 ;
(d) the manner in which orders may be authenticated;
(e) any matter relating to the practice and procedure of the Koori Court Division of the Court;
(f) the transfer of proceedings to and from the Koori Court Division of the Court;
S. 16(1A)(g) amended by No. 33/2018 ss 37(4), 44(5).
(g) any matter relating to the practice and procedure of the Specialist Family Violence Court Division of the Court;
S. 16(1A)(h) amended by No. 33/2018 ss 37(4), 44(5).
(h) the transfer of proceedings to and from the Specialist Family Violence Court Division of the Court;
S. 16(1A)(ha) inserted by No. 51/2006 s. 5.
(ha) the causes of action or claims, or classes of causes of action or claims, or proceedings or classes of proceedings, that may be heard and determined in the Neighbourhood Justice Division of the Court;
S. 16(1A)(hb) inserted by No. 51/2006 s. 5.
(hb) any matter relating to the practice and procedure of the Neighbourhood Justice Division of the Court;
S. 16(1A)(hc) inserted by No. 51/2006 s. 5.
(hc) the transfer of proceedings to and from the Neighbourhood Justice Division of the Court;
S. 16(1A)(hd) inserted by No. 12/2010 s. 6.
(hd) any matter relating to the practice and procedure of the Assessment and Referral Court List;
S. 16(1A)(he) inserted by No. 12/2010 s. 6.
(he) the transfer of proceedings to and from the Assessment and Referral Court List;
S. 16(1A)(i) amended by No. 68/2009 s. 97(Sch. item 82.19).
(i) the procedure to be followed on a proceeding held under an order made under Part 4.3 of Chapter 4 of the Criminal Procedure Act 2009 ;
(j) any matter relating to the practice and procedure of the Court in committal proceedings;
S. 16(1A)(k) repealed by No. 68/2009 s. 97(Sch. item 82.20), new s. 16(1A)(k) inserted by No. 38/2017 s. 70.
(k) the return to the Court of warrants issued under section 57;
(l) forms to be used in committal proceedings;
S. 16(1A)(la) inserted by No. 38/2008 s. 8, amended by No. 68/2009 s. 97(Sch. item 82.21).
(la) prescribing persons or classes of persons for the purposes of item 30 of Schedule 3 to the Criminal Procedure Act 2009 ;
S. 16(1A)(m) amended by No. 12/2006 s. 169(c), repealed by No. 47/2014 s. 269.
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(n) prescribing the rules, practice and procedure applicable to the execution of a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding;
(o) the storage, disposal or destruction of documents—
(i) filed or lodged with the appropriate registrar in criminal proceedings; or
(ii) issued out of the Court in criminal proceedings and kept by the principal registrar;
S. 16(1A)(p) amended by No. 69/2009 s. 54(Sch. Pt 2 item 32).
(p) requirements for the purposes of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 for or with respect to—
(i) the form of audio visual or audio link;
(ii) the equipment, or class of equipment, used to establish the link;
(iii) the layout of cameras;
(iv) the standard, or speed, of transmission;
(v) the quality of communication;
(vi) any other matter relating to the link;
S. 16(1A)(q) amended by No. 69/2009 s. 54(Sch. Pt 2 item 32).
(q) applications to the Court under
Division 2 or 3 of Part IIA of the
Evidence (Miscellaneous Provisions) Act 1958 ;
S. 16(1A)(r) amended by No. 69/2009 s. 54(Sch. Pt 2 item 32).
(r) any matter relating to the practice and procedure of the Court under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 ;
(s) the forms to be used in criminal proceedings;
S. 16(1A)(t) substituted by No. 68/2009 s. 97(Sch. item 82.22).
(t) the matters to be considered in determining the last known place of residence or business of a person for the purpose of service of a document on the person in a criminal proceeding;
(u) the recording of proceedings in the Court;
(v) generally, any matter relating to the practice and procedure of the Court in criminal proceedings.
S. 16(1AB) inserted by No. 68/2009 s. 97(Sch. item 82.23).
(1AB) Rules made under subsection (1A) must not be inconsistent with the Criminal Procedure Act 2009 .
S. 16(1B) inserted by No. 19/2005 s. 7(2), amended by No. 20/2022 s. 34(1).
(1B) Without limiting any other power to make rules of court conferred by this or any other Act, the Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to generally prescribing any matter or thing required or permitted by this Act to be prescribed by rules of court or necessary to be prescribed by rules of court to give effect to this Act.
S. 16(1C) inserted by No. 19/2005 s. 7(2), amended by No. 20/2022 s. 34(2).
(1C) In exercising a power conferred by subsection (1A)(j), (k) or (l) to make rules, the Chief Magistrate and the Deputy Chief Magistrate or Magistrates, as the case requires, must have regard to the interests of the community in ensuring the prompt and efficient disposal of criminal proceedings.
S. 16(1D) inserted by No. 19/2005 s. 7(2).
(1D) A power conferred by this Act to make rules may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
S. 16(1E) inserted by No. 19/2005 s. 7(2).
(1E) Rules made under this Act may be made so as to—
(a) require a matter affected by the rules to be approved by or to the satisfaction of a specified court official or a specified class of court official; and
(b) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(c) provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.
S. 16(2) substituted by No. 64/1996 s. 30(2), amended by No. 20/2022 s. 34(1).
(2) The power of the Chief Magistrate together with one or more Deputy Chief Magistrates to jointly make rules of court, whether that power is conferred by this or any other Act, is subject to the rules being disallowed by a House of the Parliament in accordance with section 23 of the Subordinate Legislation Act 1994 .
S. 16(3) repealed by No. 64/1996 s. 30(2).
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S. 16(4) repealed by No. 19/2005 s. 9(1).
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(5) The proposed Magistrates' Court Civil Procedure Rules 1989 approved by a majority of the magistrates on 17 March 1989—
(a) are for all purposes (including the purposes of the Subordinate Legislation Act 1962 ) to be treated; and
(b) have effect; and
(c) may be revoked or amended—
as if they had been made under this Act on the day on which this Act received the Royal Assent.
S. 16A inserted by No. 64/1996 s. 31.