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Practice Notes

Every Issue

Cite as: March 2015 89 (3) LIJ, p.65

Magistrates’ Court of Victoria

Practice Direction No. 1 of 2015 – Registration of Building Appeals Board Determinations

Purpose:

To provide directions on how to register Building Appeals Board determinations in the Magistrates’ Court of Victoria pursuant to s19 of Schedule 3 of the Building Act 1993.

Registration of a Building Appeals Board Determination

An applicant to whom payment is to be made under a determination made by the Building Appeals Board may enforce the order by filing:

  1. a true copy of the Building Appeals Board Determination; and
  2. an “Affidavit in Support of Enforcement of Determination”.

No charge is to be made for filing a determination and an affidavit in suppport of enforcement of the determination.

On registration of the determination, the determination is taken to be an order of the Magistrates’ Court, and may be enforced accordingly.

This Practice Direction takes effect on 30 January 2015.


PETER LAURITSEN Chief Magistrate 29 January 2015

Magistrates’ Court of Victoria

Practice Direction No. 2 of 2015 – Sexual Offences List – Suburban Magistrates’ Courts – Summary Offences Involving Child Complainants

Preamble:

Section 4R of the Magistrates’ Court Act 1989 provided for the establishment of the Sexual Offences List (SOL) from 1 December 2006.

For the purposes of the SOL:

“Sexual Offence” includes any offence involving a sexual act or an attempt to commit a sexual act or an act alleged to have been committed for the purpose of committing a sexual act.

This Practice Direction applies only to suburban venues of the Magistrates’ Court of Victoria (the Court) other than the Court at Melbourne, where the complainant in a sexual offence prosecution is a child under the age of 18 years.

Summary stream matters only

In consultation with the SOL coordinator, criminal prosecutions for a sexual offence initiated in a suburban venue of the Court in the summary stream shall be transferred to the Court at Melbourne to be listed in the SOL where the charges:

  1. involve one or more child complainants; and
  2. do not resolve to a plea of guilty following a summary case conference conducted pursuant to s54 of the Criminal Procedure Act 2009; and
  3. shall be listed for contest mention on the next available listing in the SOL at the Court at Melbourne.

This Practice Direction revokes Practice Direction No. 4 of 2007.

This Practice Direction commences on 4 February 2015.


PETER LAURITSEN Chief Magistrate 2 February 2015

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