Victorian Consolidated Regulations

MAGISTRATES' COURT (COMMITTALS) RULES 2009

S.R. No. 83/2009
Version as at 28 July 2009

TABLE OF PROVISIONS

           Rule Page
           ORDER 1.
           PRELIMINARY
   1.01.   Object
   1.02.   Authorising provision
   1.03.   Commencement
   1.04.   Revocation
   1.05.   Application of Rules
   1.06.   Definition
   1.07.   Extension and abridgement
           ORDER 2.
           APPEARANCE
   2.01.   Notice of appearance
   2.02.   Prosecution to provide relevant contact details
   2.03.   Legal practitioner ceasing to act
           ORDER 3.
           SERVICE
   3.01.   Mode of service
   3.02.   Copy of document served by electronic transmission to be provided upon request
           ORDER 4.
           FILING HEARINGS AND COMMITTAL MENTION HEARINGS
   4.01.   Charge to be filed with the registrar
   4.02.   Registrar to fix date for filing hearing
   4.03.   Further date for filing hearing
   4.04.   Orders and directions at filing hearing
   4.05.   Notice of committal mention hearing
   4.06.   Application to Court to fix a longer period for the holding of a committal mention hearing
           ORDER 5.
           APPLICATIONS
   5.01.   Application of Order
   5.02.   Form of application
   5.04.   Filing of application
   5.05.   Service of application
           ORDER 6.
           SPECIAL MENTION HEARING
   6.01.   Fixing of a special mention hearing
   6.04.   Parties may request registrar to cancel a special mention hearing
   6.05.   Application to be excused from attending special mention hearing
           ORDER 7.
           HAND-UP BRIEFS
   7.00.   Notice specifying committal mention date, nature of a committal proceeding etc.
   7.01.   Material to be included in a hand-up brief
           ORDER 8.
           DEFENCE NOTICE
   8.01.   Defence notice in response to hand-up brief
           ORDER 9.
           OBJECTION BY INFORMANT TO DEFENCE NOTICE
   9.03.   Objection by informant to production of certain material
           ORDER 10.
           CASE DIRECTION NOTICE
   10.01.  Prescribed form
           ORDER 11.
           COMPULSORY EXAMINATION PROCEDURE
   11.01.  Form of application
   11.02.  Form of notice of order
   11.03.  Service of notice of order
   11.04.  Prescribed information
           ORDER 11A.
           EVIDENCE TAKEN AFTER DEFENDANT DIRECTED TO BE TRIED
   11A.01. Form of notice of application
   11A.02. Response to notice of application
           ORDER 12.
           MISCELLANEOUS
   12.02.  Caution to be given to person charged
   12.03.  Alibi caution
   12.03.  1. Plea caution
   12.04.  Witnessing of statements
   12.05.  Statements prepared in another jurisdiction
           __________________
           FORMS
           Form 2A-Appearance
           Form 4A-Notice of Committal Proceedings
           Form 4B-Application for the Fixing of a Longer or Shorter Period for the Holding of a Committal Mention Hearing
           Form 5A-Application
           Form 7-Hand-up Brief of Evidence and Notice of Committal Mention Date
           Form 7A-List of Material Included in Hand-up Brief
           Form 8A-Notice of Defendant in Response to Hand-up Brief
           Form 9A-Notice by Informant of Objection to the Production of an Item Listed in Hand-up Brief
           Form 10A-Case Direction Notice
           Form 11A-Application for Compulsory Examination
           Form 11B-Notice of Order
           Form 11C-Notice of Order
           Form 11AA-Notice of Application for Order that the Evidence of a Person be Taken
           Form 11AB-Response to Notice of Application for Order that the Evidence of a Person be Taken
           Form 12B-Caution to be Given to Person Charged
           Form 12C-Alibi Caution
           Form 12D-Plea Caution
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details
           ORDER 1
           PRELIMINARY