Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 53

Rules of court and practice directions for Magistrates' Court

53. Rules of court and practice directions for Magistrates' Court



(1) The Chief Magistrate together with 2 or more Deputy Chief Magistrates may
jointly make rules of court for or with respect to proceedings in the
Magistrates' Court in relation to applications and orders made under this Act.

(2) Without limiting subsection (1), rules may be made for or with respect to
the following matters-

   (a)  the proper venue for proceedings under this Act, including the
        transfer of proceedings between court venues;

   (b)  the right of parties to appear personally or to be represented by a
        legal practitioner;

   (c)  the amendment of applications;

   (d)  the striking out or dismissal by the court of matters;

   (e)  the adjournment of proceedings by the court and the power to stay
        orders;

   (f)  access to records and documents held by the court;

   (g)  extracts from records and documents held by the court and
        certification of those extracts.

(3) A power conferred by this Act to make rules may be exercised in accordance
with section 16(1D) and 16(1E) of the Magistrates' Court Act 1989 as if the
rules had been made under section 16 of that Act.

(4) To remove any doubt, it is declared that the power of the Chief Magistrate
to issue practice directions, statements or notes for the court under
section 16A of the Magistrates' Court Act 1989 in relation to civil
proceedings or any class of civil proceedings includes power to issue practice
directions, statements or notes for the court in relation to proceedings, or
any class of proceedings, with respect to applications or orders made under
this Act.

(5) A practice direction, statement or note issued with respect to
proceedings, or any class of proceedings, with respect to applications under
this Act is taken to have been issued under section 16A(1) of the
Magistrates' Court Act 1989.