Victorian Consolidated Regulations Victorian Consolidated Regulations(1) If circumstances so require, a judicial registrar may hear and determine an application which a judicial registrar is authorised by the Act or by the Rules to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined.
Rule 84.04(2) inserted by S.R. No. 16/2020 rule 7.
(2) This Rule does not apply in relation to an application to which Order 2A of Chapter III of the Rules of the County Court applies.
Note
Rule 2A.9 of Chapter III of the Rules of the County Court provides for
judicial registrars to act for each other in proceedings and matters to which
that Chapter relates.
Form 4A—Overarching obligations certification
[ heading as in originating process ]
OVERARCHING OBLIGATIONS CERTIFICATION
In accordance with section 41 of the Civil Procedure Act 2010 , I [ name of party ] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.
Date:
Signed
[ To be signed personally by party
or if party is represented by a litigation
guardian
or similar representative,
by that litigation guardian or
representative,
or if party has no meaningful control of the proceeding
by
virtue of a statute or a contract of insurance,
by the person in control of
the proceeding
by virtue of the statute or contract of insurance ]
Form 4AB—Certification of prior overarching obligations certification
[ heading as in originating process ]
CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION
In accordance with section 41(5)(b) of the Civil Procedure Act 2010 , I [ name of legal practitioner ] certify to the Court that [ name of party ] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.
Date:
Signed
[ To be signed by legal practitioner
representing party who has previously
made overarching obligations certification in other civil proceedings in the
Court ]
Form 4B—Proper basis certification
[ heading as in originating process ]
PROPER BASIS CERTIFICATION
In accordance with section 42 of the Civil Procedure Act 2010 , I [ name of legal practitioner or if not legally represented, name of party ] certify to the Court that, in relation to [ identify document to which certification relates ] filed on behalf of [ specify party ], on the factual and legal material available to me at present:
[ in a civil proceeding which involves allegations of fact :]
*(a) each allegation of fact in the document has a proper basis;
*(b) each denial in the document has a proper basis;
*(c) there is a proper basis for each non-admission in the document.
[ in a civil proceeding commenced by originating motion seeking a particular legal relief or remedy :]
*(a) each claim in the document has a proper basis;
*(b) each response in the document to a claim has a proper basis;
*(c) each question posed to the Court in the document has a proper basis;
*(d) each response in the document to each question posed to the Court has a proper basis.
Date:
Signed
*Delete if not applicable.
Form 5A—Writ
WRIT
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
TO THE DEFENDANT
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.
IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by—
(a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the writ has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and
(b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiffs address for service, which is set out at the end of this writ.
IF YOU FAIL to file an appearance within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the writ in Victoria, within 10 days after service;
(b) where you are served with the writ out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the writ in Papua New Guinea, within 28 days after service;
(d) where you are served with the
writ in New Zealand under
Part 2 of the Trans-Tasman Proceedings Act 2010 of
the Commonwealth, within 30 working days (within the meaning of that Act)
after service or, if a shorter or longer period has been fixed by the Court
under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the writ.
IF the plaintiff claims a debt only and you pay that debt, namely, $ and $ for the legal costs to the plaintiff or the plaintiff's solicitor within the proper time for appearance, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court.
FILED [ insert date ].
THIS WRIT is to be served within one year from the date it is filed or within such further period as the Court orders.
Page 2
[ Plaintiff's indorsement of a statement of claim or of a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding. ]
Page 3
1. Place of trial—
(If no place of trial is
specified, trial will be in Melbourne)
2. Mode of trial—
(If trial before a Judge
and jury is not specified, trial will be before a Judge sitting alone.)
3. **This writ was filed—
(a) by the plaintiff in person;
(b) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ];
(c) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].
4. The address of the plaintiff is—
5. The address for service of the plaintiff
is—
[ Where the plaintiff sues by a solicitor, the address for service
is the business address of the solicitor or, where the solicitor acts by an
agent, the business address of the agent. Where the plaintiff sues without a
solicitor, the address for service is stated in 4, but, where that address
is outside Victoria, the plaintiff must state an address for service
within Victoria. ]
6. The email address for service of the plaintiff is—
7. The address of the defendant is—
*[ Strike out this paragraph where order made fixing time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is
within
days after service on you of this
writ. "]
**[ Complete or strike out as appropriate .]
Form 5B—Originating motion between parties
[ heading as in Form 5A ]
ORIGINATING MOTION BETWEEN PARTIES
TO THE DEFENDANT
TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below.
IF YOU INTEND TO DEFEND the proceeding, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by—
(a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the originating motion has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and
(b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this originating motion.
IF YOU FAIL to file an appearance within the proper time, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice.
IF YOU FILE an appearance within the proper time, the plaintiff cannot obtain judgment against you except by application to the Court after notice to you by summons.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the originating motion in Victoria, within 10 days after service;
(b) where you are served with the originating motion out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the originating motion in Papua New Guinea, within 28 days after service;
(d) where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the originating motion.
FILED [ insert date ].
THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders.
Page 2
[ Specify the relief or remedy sought and the Act, if any, under which the claim is made, and, where it includes the answer to any question, state the question. ]
Page 3
1. Place of trial—
(If no place of trial is
specified, trial will be held in Melbourne.)
2. **This originating motion was filed—
(a) by the plaintiff in person;
(b) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ];
(c) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].
3. The address of the plaintiff is—
4. The address for service of the plaintiff
is—
[ Where the plaintiff sues by a solicitor, the address for service
is the business address of the solicitor or, where the solicitor acts by an
agent, the business address of the agent. Where the plaintiff sues without a
solicitor, the address for service is stated in 3, but, where that address
is outside Victoria, the plaintiff must state an address for service
within Victoria. ]
5. The email address for service of the plaintiff is—
6. The address of the defendant is—
*[ Strike out this paragraph where order made fixing time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is
within
days after service on you of this originating
motion ."]
**[ Complete or strike out as appropriate .]
Form 5C—Originating motion between parties
Rules 5.02(2), 45.05(2)(b)
( where commenced under Rule 45.05 )
[ heading as in Form 5A ]
ORIGINATING MOTION BETWEEN PARTIES
TO THE DEFENDANT
TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below.
ALSO TAKE NOTICE that the plaintiff cannot continue with the proceeding except by order of the Court. You will be given notice by summons of any application for the order and until the summons is served you are not required to take any step in the proceeding.
[ or where a summons for an order under Rule 45.05 or for judgment will be served with the originating motion ]
IF YOU INTEND TO DEFEND the proceeding you must attend before the Court at the time and place named in the summons served with this originating motion.
FILED [ insert date ].
THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders.
Page 2
[ complete as in Form 5B ]
Page 3
[ complete as in Form 5B ]
Form 5D—Originating motion
ORIGINATING MOTION
[ where no defendant ]
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
IN THE MATTER of an application by A.B. for [ describe nature of application and state the Act, if any, under which made ].
TAKE NOTICE that the plaintiff will apply to the Court on [ insert date] at a.m. [or p.m.] for [specify the relief or remedy sought and the Act, if any, under which the claim is made, and where it includes any question to be answered, state the question ].
FILED [ insert date ].
The address of the plaintiff is—
Form 5E—Originating motion for recovery of land under Order 53
Rules 5.02(2), 53.02(3)
ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
[ or if the plaintiff does not know the name of any person in occupation ]
BETWEEN A.B. Plaintiff
and
(The plaintiff does not know the name of any person in Defendant
occupation to make defendant)
TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [ description of land* ]
[ or where there is no defendant ]
TO EVERY PERSON IN OCCUPATION OF THE LAND AT [ description of land* ]
TAKE NOTICE that this proceeding by originating motion has been commenced by the plaintiff for the recovery of land at
Further particulars of the claim appear in the affidavit made in support of the claim. A copy of the affidavit and of any exhibit referred to therein is served with this originating motion.
AND TAKE NOTICE that the plaintiff will apply to the Judge or associate judge in the County Court, William Street, Melbourne on [ insert date ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. At that time the Judge or associate judge may hear an application by the plaintiff for judgment.
IF YOU ARE NAMED AS DEFENDANT AND INTEND TO DEFEND THIS PROCEEDING you must—
(a) give notice of your intention by filing an appearance on or before the day specified above; and
(b) attend before the Judge or associate judge as specified above.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by—
(a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the originating motion has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and
(b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this originating motion.
IF YOU FAIL to file an appearance on or before the day specified above or to attend before the Judge or associate judge on that day, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice.
IF YOU ARE IN OCCUPATION OF THE LAND AND ARE NOT NAMED AS DEFENDANT you may attend before the Judge or associate judge in person or by your counsel or solicitor on the day and at the time and place specified above and apply to be made a defendant.
FILED [ insert date ].
Page 2
1. Place of trial—
(If no place of trial is
specified, trial will be held in Melbourne.)
2. **This originating motion was filed—
(a) by the plaintiff in person;
(b) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ];
(c) for the plaintiff by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].
3. The address of the plaintiff is—
4. The address for service of the plaintiff
is—
[ Where the plaintiff sues by a solicitor, the address for service
is the business address of the solicitor or, where the solicitor acts by an
agent, the business address of the agent. Where the plaintiff sues without a
solicitor, the address for service is stated in 3, but, where that address
is outside Victoria the plaintiff must state an address for service
within Victoria ].
5. The email address for service of the plaintiff is—
6. [ If there is a defendant ] The address of the defendant is—
*[Note: The land should be so described as to be physically identifiable. ]
**[ complete or strike out as appropriate .]
Form 7AAA—Service out of Australia—notice to defendant served out of Australia
SERVICE OUT OF AUSTRALIA—NOTICE TO DEFENDANT SERVED OUT OF AUSTRALIA
NOTICE TO DEFENDANT SERVED OUT OF AUSTRALIA
To the Defendant:
1. You have been served with an originating process out of Australia under Rules 7.01 to 7.09 of the Rules of the County Court of Victoria. A copy of those Rules is enclosed for your information. They show the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia.
2. The grounds alleged by the plaintiff to support its claim to be entitled to serve you out of Australia are:
[ specify grounds ]
3. If you do not file an appearance (or if you file a conditional appearance and apply by summons within 14 days of filing the conditional appearance) the Court may, on application made by you, make an order setting aside the originating process or its service on you or dismissing or staying the proceeding. Without limiting the Court's powers in this regard, the Court may make such an order if satisfied that—
(a) the service was not authorised by the Rules of the Court; or
(b) this Court is an inappropriate forum for the trial of the proceeding; or
(c) the claim has insufficient prospects of success to warrant putting you to the time, expense and trouble of defending the claim.
4. Alternatively you may file an unconditional appearance (in the form prescribed by the Rules of the Court) within the time required under the Rules of the Court.
5. If you file an unconditional appearance, additional procedural obligations (such as an obligation to file a defence or an affidavit) may apply to you in accordance with the Rules of the Court.
6. If you do not file an unconditional appearance
within the time required under the Rules of the Court and you have not made an
application of a kind referred to in paragraph 3, the Court may give leave to
the plaintiff to proceed against you without further notice.
Form 7A—Letter of request for service of document
[ heading as in originating process ]
LETTER OF REQUEST FOR SERVICE OF DOCUMENT
To
A civil proceeding is now pending in the County Court of Victoria in which
is plaintiff and
is defendant and in which the plaintiff claims
And in order that the matters in dispute between the parties in the proceeding may be duly determined it is necessary that [ describe the document] be served on and it has been made to appear that is a national of and is domiciled or resident in at
I the Registrar of the County Court of Victoria request that for the reasons stated above and for the assistance of the Court you will be pleased to cause the document [and a translation of it], [both of] which I send to you with this request, to be served on of
And I inform you that proper arrangements have been made by the Court and by the Commonwealth of Australia for the reimbursement of any expenses incurred in carrying out the service requested.
And I further inform you that legal assistance with respect to the service of documents in the State of Victoria can be given by this Court at the request of a foreign court if that request is duly transmitted to the Attorney-General of the State of Victoria.
Dated [ insert date ].
Registrar of the County Court
of the State of Victoria.
Form 7AA—Subpoena to give evidence (New Zealand)
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the County Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an application to have the subpoena set aside.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Your rights
1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ' Your obligations ').
3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note
Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
Your obligations
Unless the subpoena is set aside, you must comply with the attached subpoena if:
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
(d) service of the subpoena complied with any other conditions specified in the order; and
(e) you are 18 years of age or older.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(b) compliance with the subpoena would cause you hardship or serious inconvenience;
(c) if the subpoena requires you to produce a document or thing and:
(i) that document or thing should not be taken out of New Zealand; and
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note
The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the County Court of Victoria.
2. You may fax your application to that Court on fax number [ fax number of the Court ].
3. Your application must contain an address for service in New Zealand or Australia. 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.
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
TO: [ name and address ]
You are ordered to attend to give evidence. 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 Notes 1 to 8 at the end of this subpoena.
The last date for service of this subpoena is [ date ]. (See Note 2)
Date:
Signed by Registrar
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena
Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Notes*
1. You need not comply with the subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve the subpoena in New Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to the subpoena; and
(ii) includes
information about the way in which an application to have the subpoena set
aside may be
made.
Last day for service
2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Applications in relation to subpoena
5. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
6. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
7. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if not applicable.
Form 7AB—Subpoena to produce documents (New Zealand)
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the County Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an application to have the subpoena set aside.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Your rights
1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ' Your obligations ').
3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note
Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached subpoena if:
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
(d) service of the subpoena complied with any other conditions specified in the order; and
(e) you are 18 years of age or older.
2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.
When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(b) compliance with the subpoena would cause you hardship or serious inconvenience;
(c) if the subpoena requires you to produce a document or thing and:
(i) that document or thing should not be taken out of New Zealand; and
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note
The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the County Court of Victoria.
2. You may fax your application to that Court on fax number [ fax number of the Court ].
3. Your application must contain an address for service in New Zealand or Australia. 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.
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S][ Name of Respondent(s) ]
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 Notes 1 to 16 at the end of this subpoena.
The last date for service of this subpoena is [ date ]. (See Note 2)
Date:
Signed by Registrar
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:
(i) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 6–12)
Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
The Registrar
County Court of Victoria
[ address ]
Schedule
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
Notes*
1. You need not comply with the subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve the subpoena in New Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to the subpoena; and
(ii) includes
information about the way in which an application to have the subpoena set
aside may be
made.
Last day for service
2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to:
(a) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Banker's book
14. In so far as this subpoena requires production of the subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if not applicable.
Form 7AC—Subpoena to give evidence and produce documents (New Zealand)
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the County Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an application to have the subpoena set aside.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Your rights
1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ' Your obligations ').
3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note
Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached subpoena if:
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
(d) service of the subpoena complied with any other conditions specified in the order; and
(e) you are 18 years of age or older.
2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.
When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(b) compliance with the subpoena would cause you hardship or serious inconvenience;
(c) if the subpoena requires you to produce a document or thing and:
(i) that document or thing should not be taken out of New Zealand; and
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note
The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the County Court of Victoria.
2. You may fax your application to that Court on fax number [ fax number of the Court ].
3. Your application must contain an address for service in New Zealand or Australia. 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.
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
TO: [ name and address ]
You are ordered to attend to give evidence and 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 Notes 1 to 16 at the end of this subpoena.
The last date for service of this subpoena is [date]. (See Note 2)
Date:
Signed by Registrar
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena to give evidence
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Details of subpoena to produce documents
In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:
(i) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 5–12)
Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
The Registrar
County Court of Victoria
[ address ]
Schedule
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
Notes *
1. You need not comply with this subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve the subpoena in New Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to the subpoena; and
(ii) includes
information about the way in which an application to have the subpoena set
aside may be
made.
Last day for service
2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to:
(a) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Banker's book
14. In so far as this subpoena requires production of the subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if not applicable.
Form 7AD—Certificate of non-compliance with subpoena (New Zealand)
CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA (NEW ZEALAND)
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
TO: [ name and address ]
TO THE HIGH COURT OF NEW ZEALAND
The County Court of Victoria certifies that:
(a) the Court gave leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 of the Commonwealth on [ insert date of leave ]; and
(b) [ person named in subpoena ] has failed to comply with the subpoena.
A copy of the subpoena and a copy of the order giving leave to serve in New Zealand are annexed to this certificate.
*No application to set aside the subpoena either wholly or in part has been made.
OR
*An application to set aside the subpoena was dismissed by order made on [ insert date ]. A copy of this order is annexed to this certificate.
Date:
Signed
*Delete if not applicable.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Form 8A—Notice of appearance
[ heading as in originating process ]
FILE an appearance for [ full name of defendant ] the abovenamed defendant.
Dated:
[ Signed ]
The address of the defendant is
[ insert address ].
*[ Where the Service and Execution of Process Act 1992 of the Commonwealth applies ] The address for service of the defendant within Australia is [ insert address ].
*[ Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies ] The address for service of the defendant in Australia or New Zealand is [ insert address ].
*[ Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria ] The address of the defendant within Victoria for service is [ insert address ].
*[ Where neither of those Acts applies and the defendant appears by a solicitor ] The name or firm and the business address within Victoria of the solicitor for the defendant is [ insert name or firm and business address ].
*[ Where neither of those Acts applies and the solicitor is an agent of another ] The name or firm and business address of the principal is [ insert name or firm and business address ].
The email address for service of the defendant is [ insert email address ].
*delete if not applicable.
Form 8B—Notice of conditional appearance
[ heading as in originating process ]
NOTICE OF CONDITIONAL APPEARANCE
FILE a conditional appearance for [ full name of defendant ] the abovenamed defendant.
Dated [ insert date ].
[ Signed ]
[ continue as in Form 8A ]
Form 10A—Heading and notice of counterclaim where defendant new party
HEADING AND NOTICE OF COUNTERCLAIM WHERE DEFENDANT NEW PARTY
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
[by original proceeding]
AND BETWEEN C.D. Plaintiff
and
A.B. and E.F. Defendants
(by counterclaim)
To E.F.
of [ address ]
TAKE NOTICE that this proceeding has been brought against you by the defendant for the claim set out in this counterclaim.
IF YOU INTEND TO DEFEND the claim YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by—
(a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the counterclaim has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and
(b) on the day you file the Notice, serving a copy, sealed by the Court, at the defendant's address for service, which is set out at the end of the counterclaim.
IF YOU FAIL to file an appearance within the proper time, the defendant may OBTAIN JUDGMENT AGAINST YOU on the counterclaim without further notice.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the counterclaim in Victoria, within 10 days after service;
(b) where you are served with the counterclaim out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the counterclaim in Papua New Guinea, within 28 days after service;
(d) where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the counterclaim.
COUNTERCLAIM
[ Set out in separate, consecutively numbered paragraphs all the material facts relied upon or the counterclaim and state precisely the relief claimed .]
The address of the defendant is—
The address for service of the defendant is—
*[ Strike out this paragraph where order made fixing time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is
within
days after service on you of this
counterclaim ."]
Form 10B—Notice of appearance to counterclaim
[ heading as in Form 10A ]
NOTICE OF APPEARANCE TO COUNTERCLAIM
FILE an appearance for [ full name of defendant to counterclaim ] the abovenamed defendant to the counterclaim of the defendant.
Dated [ insert date ].
[ Signed ]
[ continue as in Form 8A ]
Form 11A—Third party notice
Rules 11.02, 11.15(4)
THIRD PARTY NOTICE
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
and
E.F. Third Party
To E.F.
of [ address ]
TAKE NOTICE that the plaintiff has brought this proceeding against the defendant for the claim set out in the writ and statement of claim [ or originating motion and affidavit[s]] served herewith.
AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the grounds set out in the defendant's defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice.
IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by—
(a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the writ has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and
(b) on the day you file the Notice, serving a copy, sealed by the Court at the defendant's address for service, which is set out at the end of this notice.
IF YOU FAIL to file an appearance within the proper time you will be taken to admit the validity of any judgment against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN JUDGMENT AGAINST YOU without further notice.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the notice in Victoria, within 10 days after service;
(b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the notice in Papua New Guinea, within 28 days after service;
(d) where you are served with the
notice in New Zealand
under Part 2 of the Trans-Tasman Proceedings Act 2010 of
the Commonwealth, within 30 working days (within the meaning of that Act)
after service or, if a shorter or longer period has been fixed by the Court
under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the notice.
FILED [ insert date ].
Page 2
STATEMENT OF CLAIM
[ Set out in separate, consecutively numbered paragraphs all the material facts relied upon for the claim against the third party and state precisely the relief claimed .]
Page 3
1. **This notice was filed—
(a) by the defendant in person;
(b) for the defendant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ];
(c) for the defendant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].
2. The address of the defendant is—
3. The address for service of the defendant is—
3A. The email address for service of the defendant is—
4. The address of the third party is—
*[ Strike out this paragraph where order made fixing time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is
within
days after service on you of this
notice. "]
**[ Complete or strike out as appropriate .]
Form 11B—Person liable in respect of damage claiming contribution against another
[ heading as in originating process ]
PERSON LIABLE IN RESPECT OF DAMAGE CLAIMING CONTRIBUTION AGAINST ANOTHER
TO THE DEFENDANT [ name ]
TAKE NOTICE that the plaintiff has brought this proceeding against the defendant, to recover damages for loss sustained [ e.g. as the result of a collision between a motor car driven by you and a motor car driven by the defendant , which is alleged to have been caused by the negligence of the defendant].
AND TAKE NOTICE that the defendant , claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover herein against the defendant to the extent of such amount as may be found by the Court to be just and equitable having regard to the extent of your responsibility for such damages [ e.g. on the ground that your negligence contributed to the happening of the collision].
FILED [ insert date ].
Form 12A—Notice of claim to goods taken in execution
[ heading as in originating process ]
NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION
To the [ judgment creditor ]
of [ address ]
TAKE NOTICE that A.B. has claimed the goods [ or certain goods] [ where only certain goods are claimed here enumerate them ] taken in execution by the sheriff under the warrant of execution issued in this proceeding.
WITHIN five days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of A.B. to the goods.
IF you do not within the period of five days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of five days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given.
Dated [ insert date ].
Form 15A—Order approving compromise of claim of minor
[ heading as in originating process ]
[ other particulars as in Form 60C ]
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE:
OTHER MATTERS:
1. The plaintiff was born on [ date ].
2. By a compromise entered into on [ date ] the defendant proposes to pay and the plaintiff desires to accept [ amount ] for the benefit of the plaintiff together with the plaintiff's costs, including the cost of this application, in full settlement of the plaintiff's claim in the proceeding.
3. The Court read the following material:
(a) affidavit of [ name of deponent ] *sworn/*affirmed on [ date ];
(b) affidavit of [ name of deponent ] *sworn/*affirmed on [ date ];
(c) the exhibits to the affidavits including the opinion of [ name ] of Counsel dated [ date ].
4. The defendant consents to the proposed compromise.
5. The Court is not aware of any legal disability of the plaintiff save for his or her minority and if the funds were to be paid out in accordance with an order of the Court the funds would be paid out upon the plaintiff attaining the age of 18 years.
or, if the plaintiff is under a legal disability other than or in addition to minority—
*5. [ Name of plaintiff ] is a person under a legal disability, and if the funds were to be held by the Court, the funds would not be paid out without further order of the Court.
*6. ( If there has been a delay of more than 30 days in application for approval of the compromise ) Although the compromise was entered into on [ date ], no application for approval of the compromise was made to the Court until [ insert details of any explanation for delay ].
THE COURT ORDERS THAT:
1. The compromise be approved.
2. The defendant within [ number of days ] days after service of a copy of this order:
(a) pay [ amount ] to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff;
( and, if appropriate )
*(b) pay [ amount ] to the solicitors for the plaintiff, to be disbursed or retained by them in payment of the items totalling [ amount ] referred to in the affidavit of [ name ] sworn/*affirmed on [ date ].
3. The defendant pay the plaintiff the costs of the plaintiff, including the costs of this application to be taxed on Scale [ appropriate Scale ].
4. Upon payment by the defendant of the amount and costs referred to, the proceeding is forever stayed.
5. Each party have liberty to apply.
6. A copy of the affidavits and the exhibits to the affidavits be sent to the solicitor to the Senior Master and the original exhibits be retained on the Court file.
DATE AUTHENTICATED
Judge [ or associate judge]
*[ Strike out as appropriate ]
Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor
[ heading as in originating process ]
[ other particulars as in Form 60C ]
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE:
OTHER MATTERS:
1. The names and dates of birth of the minors on whose behalf the proceeding is brought are:
[ name ] [ date of birth ].
[ name ] [ date of birth ].
2. By a compromise entered into on [ date ] the defendant proposes to pay and the plaintiff desires to accept [ amount ] for the benefit of the plaintiff and [ amount ] and [ amount ], respectively, for the minors referred to above, together with the plaintiff's costs, including the cost of this application, in full settlement of the plaintiff's claim in the proceeding.
3. The Court read the following material:
(a) affidavit of [ name of deponent ] *sworn/*affirmed on [ date ];
(b) affidavit of [ name of deponent ] *sworn/*affirmed on [ date ];
(c) the exhibits to the affidavits including the opinion of [ name ] of Counsel dated [ date ].
4. The defendant consents to the proposed compromise.
5. The Court is not aware of any legal disability of the minors referred to above save for their minority and if the funds were to be paid out in accordance with an order of the Court the funds would be paid out upon the minors respectively attaining the age of 18 years.
or, if a minor is under a legal disability other than or in addition to minority—
*5. [ Name of minor ] is under a legal disability and, if the funds were to be held by the Court, the funds would not be paid without further order of the Court.
*6. ( If there has been a delay of more than 30 days in application for approval of the compromise ) Although the compromise was entered into on [ date ], no application for approval of the compromise was made to the Court until [ insert details of any explanation for delay ].
THE COURT ORDERS THAT:
1. The compromise be approved.
2. The defendant within [ number of days ] days after service of a copy of this order:
(a) pay [ amount ] to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff and [ amount ] for the benefit of [ name ] and [ amount ] for the benefit of [ name ].
( and, if appropriate )
*(b) pay [ amount ] to the solicitors for the plaintiff, to be disbursed or retained by them in payment of the items totalling [ amount ] referred to in the affidavit of [ name ] sworn/*affirmed on [ date ].
3. The defendant pay the plaintiff the costs of the plaintiff, including the costs of this application to be taxed on Scale [ appropriate Scale ].
4. Upon payment by the defendant of the amount and costs referred to, the proceeding is forever stayed.
5. Each party have liberty to apply.
6. A copy of the affidavits and the exhibits to the affidavits be sent to the solicitor to the Senior Master and the original exhibits be retained on the Court file.
DATE AUTHENTICATED
Judge [ or associate judge]
*[ Strike out as appropriate ]
Form 19A—Notice of a constitutional matter
[ heading as in originating process ]
NOTICE OF A CONSTITUTIONAL MATTER
1. The [ party whose case raises the matter ] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth.
2. [ State specifically the nature of the matter ].
3. [ State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies ].
Dated [ insert date ].
[ Signed ]
To the Registrar
And to
Form 21A inserted by S.R. No. 73/2023 rule 8.
Form 21A—Notice of intention to enter or apply for judgment in default of defence
[ heading as in originating process ]
NOTICE OF INTENTION TO ENTER OR APPLY FOR JUDGMENT IN DEFAULT OF DEFENCE
To the defendant [ name ]
YOU have failed to serve a defence within the time limited by the Rules [ or as directed by order of the Court on e.g . 20 June 20 ].
TAKE NOTICE that unless you serve a defence within 7 days of the day of service of this notice on you the plaintiff will enter or apply to the Court for default judgment against you.
Dated [ insert date ].
[ Signed ]
Form 28—Filing confirmation notice
FILING CONFIRMATION NOTICE
IN THE COUNTY COURT
OF VICTORIA
AT [ court location ]
To [ name of firm or legal practitioner ]
An electronic copy of the following document—
[ document name ]
was filed in the County Court in this proceeding under Part 2 of Order 28 on [ date/time ].
CASE DETAILS
Case Number: [ case number ]
Case Description: [ case description ]
Court Location: [ court location ]
Case Type: [ case type ]
Cause of Action: [ cause of action ]
Your Reference: [ your reference ]
[ facsimile of Court seal ]
The attached document has been filed in the County Court of Victoria.
This document must be retained as proof of filing of the attached document—refer to Rules 28.04A and 40.08.
DATED: [ filing date/time ] Registrar
Form 29A—Notice for discovery
[ heading as in originating process ]
NOTICE FOR DISCOVERY
To the [ identify party ]
YOU are required to give discovery of documents within 42 days after service of this notice on you.
Dated [ insert date ].
[ Signed ]
Form 29B—Affidavit of documents
[ heading as in originating process ]
AFFIDAVIT OF DOCUMENTS
I, the abovenamed , make oath and say as follows:
1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered.
2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground—
(a) as to documents numbered 4 to 6,
that
[ state the ground ];
(b) as to document numbered 7, that
[ state the ground ].
3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered.
4. Document numbered 8, referred to in Schedule 2, was last in my possession, custody or power on [ state when ] and I believe that [ state belief as to what has become of it ].
5. To the best of my knowledge, information and belief neither I nor my solicitor nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2.
*6. In making a reasonable search as required by Rule 29.01.1 of Chapter I of the Rules of the County Court, I did not search for the following category or class of document [ specify which category or class of document for which no search was made ].
*7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [ specify reason ].
[ Describe each document in the Schedules as original or copy. ]