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Practice notes

Every Issue

Cite as: Cite as: March 2012 86 (03) LIJ, p.61

FEDERAL COURT

New Practice Note CM 20

The Chief Justice has issued Practice Note CM 20: Ex parte applications for substituted service in bankruptcy proceedings and applications for examination summonses under s81 Bankruptcy Act 1966 and ss596A and 596B Corporations Act 2001.

NSW and Victoria district registries have successfully trialled over extended periods the hearing of ex parte applications in insolvency related matters using the Court’s eCourt facilities. The Court is now implementing arrangements nationally for hearing and deciding these matters using eCourt.

All new applications for orders for substituted service of bankruptcy notices or creditors’ petitions or for the issue of examinations summons, from the commencement of the practice note, will ordinarily be listed to be dealt with online by hearing in eCourtroom. While the use of eCourtroom will be the norm for these matters, this arrangement will provide flexibility in appropriate matters for a litigant or practitioner to request that the application be listed in some other way or for the registry to decide to do this.

CM 20 sets out the new procedures for any ex parte application for substituted service in bankruptcy proceedings and applications for examination summonses, including registration for eCourtroom.

This practice note will commence on 6 February 2012.

A copy of the practice note is available at www.fedcourt.gov.au.

JOHN MATHIESON, DEPUTY REGISTRAR , 9 DECEMBER 2011

FAMILY LAW COURTS

Changes to financial statement kit and form

The Family Court financial statement kit and financial statement form have been amended to include the Federal Magistrates Court and therefore are now Family Law Courts forms.

Financial statement kit (do-it-yourself kit)

There is a new version of the financial statement kit which has been amended to include the Federal Magistrates Court (122011 V1). Changes have been made to page C and Part A and Part M.

Financial statement

There is a new version of the financial statement form which has been amended to include the Federal Magistrates Court (06122011 V1). Changes have been made to Part A and Part M.

Both forms are available at www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Forms+in+alphabetical+order.

FAMILY LAW COURTS NATIONAL COMMUNICATION, FAMILY COURT OF AUSTRALIA, FEDERAL MAGISTRATES COURT OF AUSTRALIA, 17 JANUARY 2012

COUNTY COURT

Operation and management of the Building Cases Division

The County Court has issued a new practice note, Practice Note PNCI 1 – 2012: Operation and management of the Building Cases Division. Due to space constraints the practice note has not been reproduced here but can be found on the Court’s website www.countycourt.vic.gov.au (click on “Practice and Procedure” then “Practice Notes”).

COUNTY COURT

Mailing of orders (civil jurisdiction) ceased

From 31 January 2012 orders processed by the Directions Group (directions orders) will no longer be mailed to parties.

Orders on the papers may be viewed on Court Connect. Court Connect can be accessed via the County Court website www.countycourt.vic.gov.au.

Parties requiring authentication of directions orders are referred to O.60A of the County Court Rules of Procedure in Civil Proceedings 1999. There is no change to the current practice for obtaining authenticated orders.

Self-represented parties may contact Civil Listings at the County Court on ph 8636 6515 or 8636 6513 to request that a copy of the directions order be mailed.

To view directions orders

On the County Court homepage click on “Court Connect” and select “Display case information and activities”. When prompted, enter the court proceeding number. Scroll down to view “Filing Entries”. Recently made orders will be displayed towards the bottom of the page.

JUSTIN HARGREAVES, CIVIL LISTINGS MANAGER, 22 DECEMBER 2011

MAGISTRATES’ COURT

Accident Compensation Act 1985

Practice Direction No 1 of 2012
Background

The Magistrates’ Court is concerned to address the problem of managing a large number of medical and other records that are the subject of subpoenas to produce documents in proceedings under the Accident Compensation Act 1985.

This practice direction regulates the process of inspection by a defendant to a proceeding of relevant medical and other records relating to the plaintiff, having regard to O.42A of the Magistrates’ Court General Civil Procedure Rules 2010 (the Rules).

It is intended that this practice direction apply to, and work in tandem with, procedures for inspection of medical records prior to the issue of a subpoena in accordance with O.42A of the Rules.

Direction

1. A directions hearing will be convened 10 weeks after the day on which a notice of defence is filed in a proceeding. It is expected that the person appearing for a party will have detailed knowledge of their client’s case. The costs of such attendance will be in accordance with the relevant item of the scale of costs in Appendix A of the Rules.

2. It is expected that the parties to the proceeding will have resolved all interlocutory issues prior to the directions hearing, including the exchange of medical reports and the inspection of relevant medical and other records.

3. It is further expected that if a party wishes to refer medical questions to a Medical Panel for an opinion, then the application to do so will be made prior to the date of the directions hearing.

4. Subject to the completion of all interlocutory matters, including the exchange of medical reports and the inspection of relevant medical and other records, the proceeding will be set down for trial at the directions hearing.

5. If a defendant wishes to inspect the medical and other records relating to a plaintiff, then the defendant must write to the plaintiff’s solicitor to the following effect:

(a) requesting the identification of the plaintiff’s treating medical and like practitioners on which the plaintiff intends to rely;

(b) requesting that the plaintiff supply a copy of any medical and other records held by the plaintiff’s solicitors which the defendant wishes to inspect; and

(c) undertaking that the defendant will pay the reasonable photocopying expenses incurred as a result of the plaintiff complying with (b).

6. It is expected that the plaintiff’s solicitor will advise the defendant’s solicitor within 21 days whether or not the records are available for inspection.

7. If the requested records are not provided within 21 days then the defendant’s solicitor should write to the relevant doctor foreshadowing the issue and service of a subpoena for production to registrar and state further:

(a) the reason for the need to obtain access to the records;

(b) the desirability of obtaining access to the records;

(c) the need to save court time;

(d) the need to avoid inconvenience to the doctor;

(e) the need to facilitate negotiations between the parties prior to the date of trial;

(f) an undertaking by the solicitor to pay the doctor’s reasonable photocopying charges so that the doctor can retain photocopies of the records for his or her use pending the return of the original records;

(g) that providing the records to the court may obviate the need to attend the court on the trial date;

(h) if the records contain sensitive personal information unrelated to the plaintiff’s employment, then the doctor should be requested to advise the plaintiff’s solicitor so that steps can be taken to protect that information by use of a two envelope procedure; and

(i) that the records should be forwarded only to the court on receipt of a subpoena for production to registrar in accordance with O.42A of the Rules.

8. On the issue of a subpoena in accordance with O.42A of the Rules, the parties are thereafter required to comply with those Rules.

9. This practice direction applies only to workers compensation and personal injury damages proceedings, irrespective of the date of issue of such proceedings.

Revocation of previous practice directions

This practice direction revokes Practice Directions 2/2004 and 14/2004.

Commencement

This practice direction has effect from 1 February 2012.

CHIEF MAGISTRATE IAN L GRAY, 23 JANUARY 2012

STATE REVENUE OFFICE

New Duties Act Bulletin

A new Duties Act Bulletin (D3/11) has been issued.

The bulletin explains the effect of lodging a transaction through the State Revenue Office’s (SRO) new Duties Online system. In particular, the bulletin confirms that customers are not required to present transactions which are able to be completed in the Duties Online system for stamping at the SRO Customer Service Centre. This is because, in respect of dutiable transactions completed in the Duties Online system, there is:

  • no requirement (under the Duties Act 2000) to stamp the instrument; and
  • a notice of assessment is deemed to have been made and served.

The bulletin can be accessed at http://bit.ly/sro-publication-DUT-D03-11.

For further information, please contact the Duties Online team on ph 9628 0857 or dutiesonline@sro.vic.gov.au.

ADRIAN POLIZZI, MANAGER, TAX INFORMATION AND REVIEW (PTX/LTX), SRO TECHNICAL ADVICE AND REVIEW BRANCH, 8 DECEMBER 2011

STATE REVENUE OFFICE

2012 land tax publications

The updated 2012 land tax publications are now available on the State Revenue Office website. The publications cover a wide range of land tax topics and issues relating to the operation of the Land Tax Act 2005. Please use the following links to access the publications:

Land Tax General Information

http://bit.ly/sro-publication-ltx-01-12

Grouping Provisions

http://bit.ly/sro-publication-ltx-03-12

Joint Ownerships

http://bit.ly/sro-publication-ltx-04-12

Exemptions

http://bit.ly/sro-publication-ltx-05-12

Primary Production Exemption

http://bit.ly/sro-publication-ltx-06-12

Hardship Relief

http://bit.ly/sro-publication-ltx-07-12

Principal Place of Residence Exemption Provisions

http://bit.ly/sro-publication-ltx-08-12

Land Tax Trusts General Information

http://bit.ly/sro-publication-ltx-trusts-07-12

For any queries, please phone 13 21 61 or email sro@sro.vic.gov.au.

ADRIAN POLIZZI, MANAGER, TAX INFORMATION AND REVIEW (PTX/LTX), SRO TECHNICAL ADVICE AND REVIEW BRANCH, 23 DECEMBER 2011

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