Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In these Rules, unless the context or subject matter otherwise requires—
"Act" includes any Act passed by the Parliament of the Commonwealth;
"associate judge" means an associate judge of the County Court;
Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
"bank" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
"bodily injury" includes any impairment of physical or mental condition or disease;
"CITEC Confirm" means the authorised provider of civil electronic filing services as in operation in the Court from time to time;
"Convention", other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;
"Convention country", other than in Order 80, means a foreign country to which a Convention applies;
"corporation" means any body corporate, whether formed within or out of Victoria;
Rule 1.13(1) def. of County Court costs scale amended by S.R. No. 106/2019 rule 4, revoked by S.R. No. 135/2024 rule 5(1).
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"defendant" includes respondent;
discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination and make discovery of documents means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;
Rule 1.13(1) def. of eCase inserted by S.R. No. 81/2023 rule 5.
"eCase" means the electronic system—
(a) that provides for—
(i) the lodging of documents produced in response to subpoenas;
(ii) the inspection of those documents;
(iii) the lodging of objections to the inspection of those documents; and
(iv) the lodging of objections to the production of documents in response to subpoenas; and
(b) that is in operation in the Court from time to time;
"judgment given" means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
"officer", in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;
"order made" means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
"originating process" means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;
"pleading" includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;
proceeding means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;
question means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;
"sheriff" includes—
(a) the sheriff employed under section 6 of the Sheriff Act 2009 ; and
(b) any person to whom a warrant referred to in these Rules is directed;
Rule 1.13(1) def. of Supreme Court costs scale inserted by S.R. No. 135/2024 rule 5(2).
"Supreme Court costs scale" means Appendix A to Chapter I of the Rules of the Supreme Court, and for the purposes of that scale the circuit fees are set out in Schedule 1;
"the Act" means the County Court Act 1958 .
(2) In these Rules, unless the context or subject matter otherwise requires—
(a) a reference to a Judge is a reference to the Court constituted by a Judge;
(b) a reference to an associate judge is a reference to the Court constituted by an associate judge;
(ba) a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;
(c) a reference to the Costs Court is a reference to—
(i) the Costs Court constituted by a Costs Judge; and
(ii) the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the Supreme Court Act 1986 or a Deputy Costs Registrar.
(3) If these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.