1.05 Definitions r. 1.05 In these Rules— accused a person— (a) who has been committed to the County for trial or directed to be tried at the County Court under section 167 of the Act; or respect of whom a direct indictment has been in the County Court; appellant includes where an appellant is a child under the age of 15 years— child's parent; or the absence of the parent, the Secretary to the Department of Human Services; barrister has the same meaning as it has in the Legal Profession Act 2004; Note The Legal Profession Act 2004 defines barrister as an Australian legal practitioner who engages in legal practice solely as a barrister. practitioner means the legal practitioner (as defined in section 3 of the Act) who acts for the accused and— an officer of Victoria Legal Aid so acts, includes such officer; trial
4.07 Application to set an order striking out appeal for failure to appear (1) An application section 430D(3) of the Children, Youth and Families Act 2005 to set aside an order striking out an appeal for failure to appear must be in Form 4E. (2) The Registrar must immediately forward a copy of the application to the court where the original sentence or order was imposed. 4.08 Recording and notification of result of appeal (1) The Court must record the result of an appeal in Form 4F. (2) The Registrar must forward the result of appeal to— court where the original sentence or order was imposed; parties; and person or authority concerned with the administration of any sentence or order originally imposed in the Magistrates' Court, or any sentence or order imposed by the Court on appeal. (3) If a number of appeals are heard together, it is not necessary to record the sentence on a separate result of appeal, but the sentence or particulars of each charge must be recorded in full.
1. Application must be made to the County Court of Victoria. 2. You may fax your application to that on fax number [fax number of the Court]. 3. Your application must contain an address for service in or . Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. TO PRODUCE DOCUMENTS (NEW ZEALAND) TO: [name and address] You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details. Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). Please read 1 to 16 at the end of this subpoena. The last date for service of this subpoena is [date]. (See Note 2)
On [date] [Signature of Judge] __________________ RULE 2.04 2C Form 2C IN THE COUNTY COURT CASE No.: OF INDICTMENT No.: AT To the accused: Address of accused: Date of birth of accused: Male Female Details of Case A direct indictment has been filed against you in relation to the following charges: A copy of the indictment is attached to this Warrant. The indictment was filed at [place] County Court on [date]. Date: [Signature of DPP/ Prosecutor] Warrant to arrest To all members of the police force or
I wish to apply for the following summary offence/s currently before the Magistrates' Court, to be transferred for hearing by the County Court together with the above matter. DETAILS OF SUMMARY OFFENCE/S Number of charges application relates to: [attach charge details to application] Summary charge custody status: *Remand /*Bail /*Summons Magistrates' Court Case Number: Charge No./s: Next listed date at Magistrates' Court: [date] at [place] *[repeat for each case number] This application is *by consent/*contested. I confirm that all charges referred to in this application are summary offences. Date: [Signature of Applicant/ Applicant's Legal Practitioner] LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date]. Date: Form 2G Registrar/Deputy Registrar