Authorised Version
Supreme Court (Chapter I and Chapter VI Open
Courts Amendment) Rules 2013
S.R. No. 147/2013
TABLE OF PROVISIONS
Rule
Page
PART 1—PRELIMINARY
1 2 3 1 Object
Authorising provisions
Commencement
1 1 1 PART 2—AMENDMENT OF CHAPTER I
4 5 New Order 82
2 ORDER 82
2 PROCEDURE UNDER THE OPEN COURTS ACT 2013
2 82.01 Definitions
82.02 Notice of application for suppression order
New Form 82A
2 2 3 Form 82A—Notice of Application for Suppression Order
3
PART 3—AMENDMENT OF CHAPTER VI
6 7 2 4 New Order 16
4 ORDER 16
4 PROCEDURE UNDER THE OPEN COURTS ACT 2013
4 16.01 Definitions
16.02 Notice of application for suppression order
New Form 6–16A
4 4 5 Form 6–16A—Notice of Application for Suppression Order
5 ═══════════════ ENDNOTES
8 Authorised by the Chief Parliamentary Counsel
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Authorised Version
STATUTORY RULES 2013
S.R. No. 147/2013
Supreme Court Act 1986
Open Courts Act 2013
Supreme Court (Chapter I and Chapter VI Open
Courts Amendment) Rules 2013
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1 Object
The object of these Rules is to amend Chapters I
and VI of the Rules of the Supreme Court to make
provision in relation to suppression orders as a
result of the enactment of the Open Courts Act
2013.
2 Authorising provisions
These Rules are made under section 25 of the
Supreme Court Act 1986, the Open Courts Act
2013 and all other enabling powers.
3 Commencement
These Rules come into operation on 1 December
2013.
__________________
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Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules
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S.R. No. 147/2013
r. 4
Part 2—Amendment of Chapter I
PART 2—AMENDMENT OF CHAPTER I
4 New Order 82
After Order 81 of the Supreme Court (General
Civil Procedure) Rules 20051 insert—
"ORDER 82
PROCEDURE UNDER THE OPEN COURTS
ACT 2013
82.01 Definitions
(1) In this Order—
the Act means the Open Courts Act 2013.
(2) An expression used in the Open Courts Act
2013 has the same meaning in this Order as
it has in that Act.
82.02 Notice of application for suppression
order
(1) A notice under section 10 of the Act of the
making of an application for a suppression
order in a proceeding to which these Rules
apply—
(a) must be generally in accordance with
Form 82A; and
(b) for the purposes of section 10(1)(a) of
the Act, must be emailed to the Court at
[email protected].
gov.au or such other email address as
the Court may from time to time
specify, by practice note or otherwise,
for the purposes of this Rule.
(2) A copy of the notice shall be filed by the
applicant as soon as practicable after the
notice has been emailed to the Court.
__________________".
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Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules
2013
S.R. No. 147/2013
Part 2—Amendment of Chapter I
5 New Form 82A
After Form 80B of the Supreme Court (General
Civil Procedure) Rules 2005 insert—
"FORM 82A
Rule 82.02
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
[heading as in originating process]
To: The Supreme Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a
suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of a summons filed on [date] returnable before
[identify relevant judicial officer] in [identify relevant court room] at [time]
on [date].
OR
*The applicant proposes to make the application orally before [identify
relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be
relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*delete whichever is inapplicable.
__________________".
__________________
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Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules
2013
S.R. No. 147/2013
r. 6
Part 3—Amendment of Chapter VI
PART 3—AMENDMENT OF CHAPTER VI
6 New Order 16
After Order 15 of the Supreme Court (Criminal
Procedure) Rules 20082 insert—
"ORDER 16
PROCEDURE UNDER THE OPEN COURTS
ACT 2013
16.01 Definitions
(1) In this Order—
the Act means the Open Courts Act 2013.
(2) An expression used in the Open Courts Act
2013 has the same meaning in this Order as
it has in that Act.
16.02 Notice of application for suppression
order
(1) A notice under section 10 of the Act of the
making of an application for a suppression
order in a proceeding to which these Rules
apply—
(a) must be generally in accordance with
Form 6–16A; and
(b) for the purposes of section 10(1)(a) of
the Act, must be emailed to the Court at
[email protected].
gov.au or such other email address as
the Court may from time to time
specify, by practice note or otherwise,
for the purposes of this Rule.
(2) A copy of the notice shall be filed by the
applicant as soon as practicable after the
notice has been emailed to the Court.
__________________".
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Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules
2013
S.R. No. 147/2013
Part 3—Amendment of Chapter VI
7 New Form 6–16A
After Form 6–15B of the Supreme Court
(Criminal Procedure) Rules 2008 insert—
"FORM 6–16A
Rule 16.02
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER OF:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
To: The Supreme Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a
suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of an application filed on [date] returnable
before [identify relevant judicial officer] in [identify relevant court room] at
[time] on [date].
OR
*The applicant proposes to make the application orally before [identify
relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be
relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*delete whichever is inapplicable.
__________________".
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S.R. No. 147/2013
r. 7
Part 3—Amendment of Chapter VI
Dated: 28 November 2013
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
MARK WEINBERG, J.A.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
PAUL COGHLAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
K. WILLIAMS, J.
STEPHEN KAYE, J.
ELIZABETH HOLLINGWORTH, J.
KEVIN H. BELL, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
ROSS ROBSON, J.
JACK FORREST, J.
JAMES JUDD, J.
PETER VICKERY, J.
EMILIOS KYROU, J.
KARIN EMERTON, J.
ANNE FERGUSON, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN DIXON, J.
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Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules
2013
S.R. No. 147/2013
Part 3—Amendment of Chapter VI
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
JAMES D. ELLIOT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
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S.R. No. 147/2013
Endnotes
ENDNOTES
1
Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013.
Reprinted to S.R. No. 119/2013.
2
Rule 6: S.R. No. 12/2008. Reprint No. 1 as at 28 February 2011.
Reprinted to S.R. No. 6/2011 and subsequently amended by
S.R. Nos 120/2011, 39/2012 and 48/2013.
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