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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 1.13 Definitions

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 1.13

Definitions

    (1)     In these Rules, unless the context or subject matter otherwise requires—

"Act" includes any Act passed by the Parliament of the Commonwealth;

Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;

"bank" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

bodily injury includes any impairment of mental condition or disease;

"Convention", other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;

"Convention country", other than in Order 80, means a foreign country to which a Convention applies;

"corporation" means any body corporate, whether formed within or out of Victoria;

"defendant" includes respondent;

"discovery" includes discovery and inspection of documents and discovery by written interrogatories or oral examination, and make discovery of documents means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;

"judgment given" means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

"officer", in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;

"order made" means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

"originating process" means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;

pleading includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;

Rule 1.13(1) def. of practice note inserted by S.R. No. 73/2019 rule 30.

"practice note "means any practice note issued from time to time by or on behalf of the Chief Justice;

"proceeding" means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;

"Prothonotary", in relation to a proceeding commenced in an office of the Court outside Melbourne, means the Deputy Prothonotary at that office;

"question" means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;

Rule 1.13(1) def. of RedCrest substituted by S.R. Nos 15/2017 rule 4, 58/2018 rule 5.

"RedCrest "means the electronic filing system in operation in the Court from time to time;

"Registrar" means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;

"sheriff" includes—

        (a)     the sheriff employed under section 6 of the Sheriff Act 2009 ; and

        (b)     any person to whom a warrant referred to in these Rules is directed;

"the Act" means the Supreme Court Act 1986 .

    (2)     In these Rules, unless the context or subject matter otherwise requires—

        (a)     a reference to a Judge of the Court is a reference to the Court constituted by a Judge of the Court;

        (b)     a reference to an Associate Judge is a reference to the Court constituted by an Associate Judge;

        (c)     a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;

        (d)     a reference to the Costs Court is a reference to—

              (i)     the Costs Court constituted by a Costs Judge or by a judicial registrar; and

              (ii)     the exercise of a power of the Costs Court by a judicial registrar, Costs Registrar or a Deputy Costs Registrar.

    (3)     Where these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.