Victorian Numbered Regulations Victorian Numbered RegulationsAfter Order 84 of the Principal Rules insert —
85.01 Definitions
(1) In this Order—
"the Act" means the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 .
(2) An expression used in the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 has the same meaning in this Order as it has in that Act.
85.02 Nomination of proper defendant
(1) A nomination of an entity to act as a proper defendant to a claim and consent under section 7 of the Act, made after the commencement of a proceeding, shall be in Form 85A and include an address for service.
(2) The nomination shall be filed with the Prothonotary and served on each party to the proceeding and on the entity nominated to act as a proper defendant within 7 days of the nomination being filed.
Note
See section 13 of the Act as to commencement of a proceeding pending the nomination of a proper defendant under section 7 of the Act or the appointment of a proper defendant under section 8 of the Act.
Where a proper defendant is nominated under section 7 of the Act, unless the court otherwise directs, within 7 days after the service of a nomination on the plaintiff—
(a) the plaintiff shall file with the Prothonotary an amended originating process and statement of claim identifying the proper defendant to the claim acting on behalf of the NGO; and
(b) shall serve any party with the amended originating process and statement of claim sealed in accordance with Rule 5.11.
Note
"NGO" means a non-government organisation that is an unincorporated association or body: see section 5 of the Act.
An application under section 8 of the Act shall be made by summons.
Note
See section 8(9) of the Act as to the on-going obligations of an NGO in relation to the conduct of the proceeding.".