Victorian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COUNTY COURT CIVIL PROCEDURE RULES 2018 - REG 79.10

Proceeding in another court

    (1)     This Rule applies where—

        (a)     money is held for the benefit of a person in respect of a claim by or on behalf of that person in another court, whether that court is within or out of Victoria; and

        (b)     if the claim were made in a proceeding in the Court, that person would be a person under disability.

    (2)     Where the person for whose benefit the money is held is or is about to become domiciled or ordinarily resident within Victoria, the Registrar may order that if the money is paid to the Court it be held in court for the benefit of that person.

    (3)     Money held in court pursuant to an order made under paragraph (2) shall be taken to have been paid into court pursuant to an order in a proceeding in the Court that money be paid into court for the benefit of a person under disability.

Note 1

This Order forms part of a scheme to implement Australia's obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney-General's Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as "other" or "additional" authorities (under Article 18 of the Convention).

Note 2

This Order provides (in Part 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Part 3) for default judgment in proceedings in the Court after service overseas of such a document.

Note 3 to Order 80 Pt 1 substituted by S.R. No. 69/2019 rule 4.

Note 3

Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States, can be found at the website of the Hague Conference on Private International Law.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback