COUNTY COURT CIVIL PROCEDURE RULES 2018

Victorian Consolidated Regulations

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COUNTY COURT CIVIL PROCEDURE RULES 2018 - SCHEDULE 3

SCHEDULE C—DOCUMENTS THAT MUST BE SERVED
WITH THIS ORDER

The following affidavits and exhibits to them:

Name of deponent

Date affidavit was made

Exhibits numbered

(1)

(2)

(3)

The following written submissions put to the Court:

Other documents provided to the Court:

A transcript [note] of any oral allegation of fact that was made, and of any oral submission that was put, to the Court:

The originating motion [draft originating motion] produced to the Court:

The summons [draft summons] produced to the Court:

NAME AND ADDRESS OF APPLICANT'S SOLICITORS

The Applicant's solicitors are: [ insert name, address, reference, fax and telephone numbers both in and out of office hours and e-mail ].

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 Normally the order should be served between 9:00 a.m. and 2:00 p.m. on a weekday to enable the respondent more readily to obtain legal advice.

2 Depending on the nature of the things likely to be removed and their likely value, and the likely particular risks of their being lost or damaged, this undertaking or a more elaborate one may be required.

3 See Practice Note paragraph 18.

Form 39A—Deed of guarantee

Rule 39.05(B)

[ heading as in originating process ]

DEED OF GUARANTEE

THIS guarantee is made the day of 20 , between [ name ] of [ address ], called "the guarantor", and the Registrar of the County Court of the State of Victoria.

By an order of the County Court of the State of Victoria made
[ insert date of order ], in the abovementioned proceeding, [ name ] of [ address ], called "the receiver", has been appointed to receive [ or receive and manage] [ follow words of the order ].

And pursuant to the said order the receiver is required to give security approved by the Court.

And the guarantor has agreed at the request of the receiver to give a guarantee in consideration of the annual premium mentioned below, which guarantee has been approved by the Court in testimony whereof an associate judge of the County Court has signed an allowance in the margin of this deed.

This guarantee witnesses that the guarantor promises the Registrar that if the receiver does not account to the Court for what the receiver receives as receiver or does not deal with what the receiver receives as the Court directs the guarantor will pay to the Registrar whatever is required to make good the default to a limit of $ .

Guarantee for $ . Annual premium $ .

The Common Seal of)

was)

affixed to this deed in)

the presence of)

Form 41A—Order for examination within Victoria

Rule 41.01(2)

[ heading as in originating process ]
[ other particulars as in Form 60C ]

ORDER FOR EXAMINATION WITHIN VICTORIA

THE COURT ORDERS THAT:

[ name ] of [ address within Victoria ] be examined before [ name and address or description of examiner ].

Form 41B—Order for examination out of Victoria

Rule 41.01(2)

[ heading as in originating process ]
[ other particulars as in Form 60C ]

ORDER FOR EXAMINATION OUT OF VICTORIA

THE COURT ORDERS THAT:

1. [ name and address or description ] be appointed as examiner for the purpose of taking the examination, cross-examination and re‑examination orally on oath or affirmation of a witness [ name ] of [ address out of Victoria ] a witness on the part of at in [name of country].

2. The examiner be at liberty to invite the attendance of* the witness and the production of documents, but shall not exercise any compulsory powers, and that otherwise the examination be taken in accordance with the procedure of Victoria.

3. The solicitors give to the solicitors day's notice of the date on which they propose to send out this order to for execution, and
that days after the service of such notice the solicitors for the plaintiff and defendant respectively exchange the names of their agents at to whom notice relating to the examination of the said witness may be sent.

4. days before the examination of the said witness notice of such examination be given by the agent to the party on whose behalf the witness is to be examined to the agent of the other party, unless such notice be dispensed with.

5. The depositions when taken, together with any documents referred to in the depositions, or certified copies of such documents, or of extracts from those documents, be sent by the examiner, under seal, to the Registrar of the County Court of Victoria, William Street, Melbourne, on or before 20 or such further day as may be ordered, there to be filed in the Registrar's office.

6. The trial of the proceeding be stayed until the depositions are filed or further order.

7. The costs of this application and the examination be costs in the proceeding.

*[ If any Convention which applies requires that the invitation or notice to the witness shall expressly state that no compulsory powers may be exercised, this shall be done. ]

Form 41AA—Notice of application for audio visual link or audio link

Rule 41A.02

[ heading as in originating process ]

NOTICE OF APPLICATION FOR AUDIO VISUAL LINK OR AUDIO LINK

PART 1—PARTICULARS OF APPLICATION

I, [ name of applicant ]

of [ address of applicant or firm of solicitor for applicant ]

request an *audio visual/*audio link under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 in accordance with the following details:

1. *Audio visual/*Audio link:

From [ originating city/town ]

To [ receiving city/town ]

2. Type of hearing: [ e.g. * Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]

3. Number of persons to appear before, or give evidence by *audio visual/*audio link:

4. Suggested time (if any) for link:

5. Estimate of duration of link:

6. Is this application being made with the consent of the parties to the proceeding?

7. If the answer to question 6 is No, what parties have not given consent?

8. If a hearing date has been fixed, what is the date of the hearing?

I undertake to pay, in the first instance, the appropriate amount (if any) prescribed by the regulations (if any) under section 42H(1) of the Act.

Date:

[ Signature ]

PART 2—PARTICULARS OF HEARING

( to be completed by the Registrar )

The application will be heard before the Judge in the Court, [or the associate judge in the Court] 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.

FILED [ insert date ].

*delete if not applicable.

Form 41BA inserted by S.R. No. 77/2023 rule 5.

Form 41BA—Notice of intention to apply for leave in relation to confidential communication

Rule 41B.01

[ heading as in originating process ]

NOTICE OF INTENTION TO APPLY FOR LEAVE IN RELATION TO CONFIDENTIAL COMMUNICATION

(Section 32CA(1) of the Evidence (Miscellaneous Provisions) Act 1958 )

To [ name ]

of [ address ]

I, [ name of applicant ]

intend to apply on [ date ] at [ time ] in the County Court, 250 William Street, Melbourne for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 :

*to issue a subpoena for the production of a document which may contain

*to produce a document which may disclose

*to adduce evidence of, or to adduce a document which may record,

a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958 ).

The nature of the confidential communication sought to be produced or adduced is: [ provide details ]

The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958 .

*You are not required to produce the document which may contain a confidential communication unless the Court makes an order under section 32C(1)(a) or 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 .

Date:

[ Signature ]

NOTE:

This notice duly completed must be served upon:

• each other party to the proceeding; and

• the medical practitioner or counsellor (as the case requires, if not a party); and

• the protected person

not less than 14 days before the date for the hearing of the application.

*Delete if not applicable.

Form 41BB inserted by S.R. No. 77/2023 rule 5.

Form 41BB—Declaration by proposed recipient of the subpoena—physical production

Rule 41B.03

[ heading as in originating process ]

DECLARATION BY PROPOSED RECIPIENT OF THE SUBPOENA—PHYSICAL PRODUCTION

You must complete the declaration below if the Court makes an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 requiring you to produce the document to the Court and you physically produce the document. The completed declaration must accompany the documents you produce to the Court in compliance with the order.

If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies—

(a) if leave is not granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of three days from the determination of the application for leave; or

(b) if leave is granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[ tick the relevant option below, provide your address as appropriate,
sign and date ]

≤ All copied documents
All of the material I am providing in compliance with the order of the Court are copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.

≤ Some original documents
Some or all of the material I am providing in compliance with the order of the Court is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—

[ insert address for return of material ].

Date:

[ signature of proposed recipient ]

[ name of proposed recipient ]

Form 42A amended by S.R. No. 81/2023 rule 25.

Form 42A—Subpoena to attend to give evidence

Rule 42.03(1)(a)

[ heading as in originating process ]

SUBPOENA TO ATTEND TO GIVE EVIDENCE

To [ name ]

of [ address ]:

YOU ARE ORDERED to attend to give evidence: see below for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest .

You should read all of the Notes set out at the end of this subpoena .

The last day for service of this subpoena is: [ date ]. ( See Note 1 )

Date:

[ Seal of the Court ]

Details of subpoena

You are required by this subpoena to attend to give evidence and 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.

NOTES

Last day for service

1. Subject to Note 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

2. 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.

Addressee a corporation

3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Conduct money

4. You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.

Applications in relation to subpoena

5. You have the right to apply to the Court—

(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and

(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under 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 any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

7. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

8. Note 7 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.

Form 42B substituted by S.R. No. 81/2023 rule 26.

Form 42B—Subpoena to produce

Rule 42.03(1)(b)

[ heading as in originating process ]

SUBPOENA TO PRODUCE

To [ name ]

of [ address ]:

YOU ARE ORDERED to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details .

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest .

You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena .

The last day for service of this subpoena is: [ date ]. (See Note 1)

Date of issue:

[ Seal of the Court ]

Details of subpoena

When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.

Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:

(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or

(b) leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:

[ Fill in if the Schedule of documents or things specifies a document for production ]

Date:

Time:

If leave is granted for physical production of a document under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.

When producing a thing, or a document or thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, 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 of documents or things 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 of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 5 and 6)

Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:

[ Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court ]

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:

The Registrar

[County Court of Victoria

250 William Street

Melbourne]

SCHEDULE OF DOCUMENTS OR THINGS

The documents and things you must produce are as follows:

[ List the documents or things. Attach list if insufficient space .]

NOTES

Last day for service

1. 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

Addressee a corporation

3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Leave to comply with subpoena for a document by physical production

4. Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with a subpoena for a document by physical production of the documents or things instead of electronic production.

Production of subpoena or copy of it and documents or things by delivery or post

5. Instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—

(a) at the address specified in the subpoena for the purpose; or

(b) if more than one address is specified, at any of those addresses—

so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.

6. If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 5 also applies to production of the document or thing, subject to the terms of the leave that has been granted.

Objections and inspections

7. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—

(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or

(b) for production of a document or thing in accordance with Rule 42.06(4)(b) of Chapter I of the Rules of the County Court, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.

8. 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.

Physical production of a number of documents or things

9. If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Permissible formats for electronic production

10. Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.

Applications in relation to subpoena

11. You have the right to apply to the Court—

(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;

(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and

(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.

Loss or expense of compliance

12. 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 respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

13. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

14. Note 13 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

You must complete the declaration below if leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.

If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[ tick the relevant option below, provide your address as appropriate,
sign and date ]

≤ All copied documents
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.

≤ Some original documents
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—

[ insert address for return of material ].

Date:

[ signature of addressee ]

[ name of addressee ]

Form 42C substituted by S.R. No. 81/2023 rule 26.

Form 42C—Subpoena both to attend to give evidence and to produce

Rule 42.03(1)(c)

[ heading as in originating process ]

SUBPOENA BOTH TO ATTEND TO GIVE EVIDENCE
AND TO PRODUCE

To [ name ]

of [ address ]:

YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last day for service of this subpoena is: [ date ]. (See Note 1)

Date of issue:

[ Seal of the Court ]

Details of subpoena

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.

In so far as you are required by this subpoena to produce a copy of the subpoena and a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.

Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:

(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or

(b) leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:

[ Fill in if the Schedule of documents or things specifies a document for production ]

Date:

Time:

In so far as you are required by this subpoena to produce the subpoena or a copy of it and a thing, or a document or a thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must comply with this subpoena:

[ Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court ]

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:

The Registrar

[County Court of Victoria

250 William Street

Melbourne]

SCHEDULE OF DOCUMENTS OR THINGS

The documents and things you must produce are as follows:

[ List the documents or things. Attach list if insufficient space .]

NOTES

Last day for service

1. 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

Addressee a corporation

3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Conduct money

Leave to comply with subpoena by physical production

5. In so far as this subpoena requires production of a copy of the subpoena and documents, Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with the subpoena by physical production of the documents or things instead of electronic production.

Production of subpoena or copy of it and documents or things by delivery or post

6. In so far as this subpoena requires production of the subpoena (or a copy of it) and things, instead of attending to produce this subpoena (or a copy of it) and the things, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—

(a) at the address specified in the subpoena for the purpose; or

(b) if more than one address is specified, at any of those addresses—

7. If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 6 also applies to production of the document or thing, subject to the terms of the leave that has been granted.

Objections and inspections

8. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—

(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or

9. 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.

Physical production of a number of documents or things

10. If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Permissible formats for electronic production

11. Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.

Applications in relation to subpoena

12. You have the right to apply to the Court—

(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;

(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and

(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.

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 any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

14. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

15. Note 14 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[ tick the relevant option below, provide your address as appropriate,
sign and date ]

[ insert address for return of material ].

Date:

[ signature of addressee ]

[ name of addressee ]

Form 42AA substituted by S.R. No. 81/2023 rule 26.

Form 42AA—Subpoena for production to registrar

Rule 42A.03(1)

[ heading as in originating process ]

SUBPOENA FOR PRODUCTION TO REGISTRAR

To [ name ]

of [ address ]:

YOU ARE ORDERED to produce to the Registrar this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.

The last day for service of this subpoena is: [ date ]. (See Note 1)

Date of issue:

[ Seal of the Court ]

Details of subpoena

Date by which to produce a copy of the subpoena and electronic copies of the documents unless:

(a) you receive notice of a later date from the issuing party, in which case, the later date is substituted; or

(b) leave is granted for physical production under Rule 42A.05(2) of Chapter I of the Rules of the County Court:

[ Fill in if the Schedule of documents or things specifies a document for production ]

Date:

If leave is granted for physical production of a document under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.

When producing a thing, or a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below so that they are received on or before the date for production specified below:

[ Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42A.05(2) of Chapter I of the Rules of the County Court ]

Date for production:

The address of the Registrar to which the subpoena (or copy) and documents or things must be delivered or sent is:

The Registrar

[County Court of Victoria

250 William Street

Melbourne]

SCHEDULE OF DOCUMENTS OR THINGS

The documents and things you must produce are as follows:

[ List the documents or things. Attach list if insufficient space .]

NOTES

Last day for service

1. 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

Addressee a corporation

3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Question concerning subpoena

4. Any question concerning this subpoena should be directed not to the Court but to the solicitor for the party at whose request the subpoena was issued.

Availability of documents and things for inspection and at trial

5. All documents and things produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following Notes, may be inspected or copied in the meantime by each party to the proceeding and each party's solicitor, and copies taken.

Objection by addressee to production or inspection

6. If you are required by this subpoena to produce documents or things, and you object to producing the documents or things, you must, before the day specified in the subpoena—

(a) for production of a document in eCase or physical production of a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in eCase of your objection and of the grounds of your objection; or

(b) for production of a thing without a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in writing to the Registrar of your objection and of the grounds of your objection.

7. If you are the person required by this subpoena to produce documents or things, and you object to the documents or things being inspected or copied by any one or more of the parties to the proceeding, you must give notice—

(a) in eCase, or

(b) if the document or thing is to be physically produced, in writing to the Registrar—

of your objection and of the grounds of your objection before the day specified in the subpoena for the production of the documents or things.

8. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.

Objection by party served with subpoena to inspection

9. If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents or things being inspected or copied by another party to the proceeding, you must, before the day specified in the subpoena—

10. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.

Objection by plaintiff to production of hospital or medical file or record

11. If you are the plaintiff in this proceeding and this subpoena seeks from another person the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect or copy the file or record produced. After inspecting, you may notify any objection you have to inspection or copying of that file or record by any other party, provided that you make your inspection or copying and notify your objection and the grounds of that objection, if any, within 14 days after the day specified in the subpoena for production.

Obligation of issuing party after objection

12. If you are the party at whose request the subpoena was issued and any objection is taken, either to the production of the documents or things or to their being inspected or copied, you will be informed by the Registrar of the objection and of the time and place when the objection will be heard. You are required promptly to inform the addressee in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.

Removal of document or thing

13. Documents or things physically produced in compliance with this subpoena may not be removed from the custody of the Registrar, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42A.11(2) of Chapter I of the Rules of the County Court is then relevant—

"(2) A solicitor who signs an application under paragraph (1) and removes a document or thing from the office of the Registrar, undertakes to the Court by force of this Rule that—

(a) the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and

(b) the document or thing will be returned to the office of the Registrar in the same condition, order and packaging in which it was removed, as and when directed by the Registrar.".

A breach of this undertaking may be dealt with as a contempt of court.

Physical production of a number of documents or things

14. If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Permissible formats for electronic production

15. Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.

Applications in relation to subpoena

16. You have the right to apply to the Court—

(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;

(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and

(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.

Loss or expense of compliance

17. 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 respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

18. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

19. Note 18 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

You must complete the declaration below if leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[ tick the relevant option below, provide your address as appropriate,
sign and date ]

[ insert address for return of material ].

Date:

[ signature of addressee ]

[ name of addressee ]

Form 42AB revoked by S.R. No. 29/2019 rule 8.

* * * * *

Form 43A substituted by S.R. No. 158/2021 rule 10.

Form 43A—Certificate identifying exhibit or exhibits

Rule 43.06(5)

CERTIFICATE IDENTIFYING EXHIBIT OR EXHIBITS

[ heading as in affidavit ]

*This is the exhibit marked [ e.g. "ABC1" ]/*These are the exhibits marked [ list exhibits in bundle of documents or bundle of confidential documents as applicable e.g. "ABC1", "DEF2" etc ] now produced and shown to [ identify deponent ] at the time of swearing or affirming the person's affidavit on [ date ].

[ Signature of deponent ]

[ Signature of person taking affidavit ]

[ state distinguishing mark of exhibit or exhibits
and briefly and specifically describe each exhibit,
bundle of documents or bundle of confidential
documents, as applicable [ use a schedule if
insufficient space ] : e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09 ]†

† print distinguishing mark and description in bold type and in a font size not less than 20 points in bottom right hand corner of the page.

*Delete if not applicable.

Form 44A—Expert witness code of conduct

Rule 44.01

EXPERT WITNESS CODE OF CONDUCT

Application of Code

1. This Code of Conduct applies to any expert witness engaged or appointed—

(a) to provide an expert's report for use as evidence in proceedings or proposed proceedings; or

(b) to give opinion evidence in proceedings or proposed proceedings.

General Duties to the Court

2. An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the Court impartially on matters relevant to the area of expertise of the witness.

Content of Report

3. Every report prepared by an expert witness for use in Court shall clearly state the opinion or opinions of the expert and shall state, specify or provide—

(a) the name and address of the expert;

(b) an acknowledgment that the expert has read this code and agrees to be bound by it;

(d) the assumptions and material facts on which each opinion expressed in the report is based (a letter of instructions may be annexed);

(e) the reasons for and any literature or other materials utilised in support of each such opinion;

(f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise;

(g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;

(h) to the extent to which any opinion which the expert has expressed involves the acceptance of another person's opinion, the identification of that other person and opinion expressed by that other person;

(i) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, (save for any matters identified explicitly in the report) and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;

(j) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate;

(k) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason; and

(l) where the report is lengthy or complex, a brief summary of the report at the beginning of the report.

Supplementary Report Following Change of Opinion

4. Where an expert witness has provided to a party (or that party's legal representative) a report for use in Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i), (j), (k) and (l) of clause 3 of this code and, if applicable, paragraph (f) of that clause.

5. In any subsequent report (whether prepared in accordance with clause 4 or not) the expert may refer to material contained in the earlier report without repeating it.

Duty to Comply with the Court's Directions

6. If directed to do so by the Court, an expert witness shall—

(a) confer with any other expert witness;

(b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing; and

Conference of Experts

7. Each expert witness shall—

(a) exercise his or her independent judgment in relation to every conference in which the expert participates pursuant to a direction of the Court and in relation to each report thereafter provided, and shall not act on any instruction or request to withhold or avoid agreement; and

(b) endeavour to reach agreement with the other expert witness (or witnesses) on any issue in dispute between them, or failing agreement, endeavour to identify and clarify the basis of disagreement on the issues which are in dispute.

Form 44AA inserted by S.R. No. 130/2023 rule 6.

Form 44AA—Court interpreters' Code of Conduct

Rule 44A.01

COURT INTERPRETERS' CODE OF CONDUCT

Application of code

1. This Code of Conduct applies to any person (the interpreter ) who, whether or not for fee or any other reward, is engaged, appointed, volunteers or otherwise becomes involved in a proceeding or proposed proceeding to act as an interpreter by interpreting or sight translating from any spoken or signed language (the other language ) into English and from English into the other language for any person.

General duty to the Court

2. An interpreter has an overriding duty to assist the Court impartially.

3. An interpreter's paramount duty is to the Court and not to any party to or witness in the proceeding, including the person retaining or paying the interpreter.

4. An interpreter is not an advocate, agent or assistant for a party or witness.

Duty to comply with directions

5. An interpreter must comply with any direction of the Court.

Duty of accuracy

6. An interpreter must at all times use the interpreter's best judgement to be accurate in the interpreter's interpretation or sight translation.

7. In this code, "accurately" , in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.

8. If an interpreter considers that the interpreter's interpretation or sight translation is or could be in any way inaccurate or incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then the interpreter must—

(a) immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to that party; and

(b) if the evidence is being given or was given in court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.

Duty of impartiality

9. An interpreter must at all times act impartially so as to be without bias in favour of or against any person including but not limited to the witness whose evidence the interpreter is interpreting, the party who has engaged or is remunerating the interpreter or any other party to or person involved in the proceeding or proposed proceeding.

10. Unless the Court otherwise orders, an interpreter must not accept an engagement or appointment to act as an interpreter in relation to a proceeding or proposed proceeding if the interpreter—

(a) is or may become a party or a witness;

(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;

(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the interpreter's engagement or employment); or

(d) is or may be unable to fulfil the interpreter's duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs or cultural or other circumstances.

11. Other than carrying out an engagement or appointment as an interpreter, the interpreter must not provide any other assistance, service or advice (including by way of elaboration) to—

(a) the party, legal practitioner or other person who has engaged them; or

(b) any witness or potential witness, in relation to the proceeding or proposed proceeding.

Duty of competence

12. An interpreter must only undertake work the interpreter is competent to perform in the languages for which the interpreter is qualified by reason of the interpreter's training, qualifications or experience.

13. If it becomes apparent in the course of a matter that expertise beyond the interpreter's competence is required, the interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.

Confidentiality

14. Subject to compulsion of law, an interpreter must keep confidential any information that the interpreter acquires in the course of the engagement or appointment as an interpreter (including any communication subject to client legal privilege) unless—

(a) that information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or

(b) the beneficiary of the client legal privilege has waived that privilege.

Form 45A—Summons on originating motion

Rules 45.04(2), 45.05(6)

[ heading as in originating process ]

SUMMONS ON ORIGINATING MOTION

To: [ identify each party or other person to whom summons is addressed and state address of each person not a party .]

You are summoned to attend before the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows: [ describe the judgment or order sought ].

The application will be heard before the Court on [ insert date ]
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

The Court may, as appropriate—

(a) hear and determine the application;

(b) give the judgment or make the order;

(c) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.

FILED [ insert date ].

This summons was filed by of solicitor for the plaintiff.

Form 46A—Summons

Rule 46.04(1)

[ heading as in originating process ]

SUMMONS

To: [ identify each party or other person to whom summons is addressed and state address of each person not a party ].

You are summoned to attend before the Court on the hearing of an application by the for [describe the order sought ].

The application will be heard before the Judge in the Court [or the associate judge in the Court] William Street, Melbourne, on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED [ insert date ].

This summons was filed by of , solicitor for the [ identify party ].

Form 53A—Judgment in summary proceeding for recovery of land

Rule 53.07(2)

[ heading as in Form 5E ]
[ other particulars as in Form 60A ]

JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

THE JUDGMENT OF THE COURT IS THAT:

The plaintiff recover possession of the land described in the originating motion as [ description of land *] [ where there is a defendant and that the defendant pay the plaintiff $ costs] [or pay the plaintiff's costs to be assessed].

[ other particulars as in Form 60D ]

*[Note: The land should be so described as to be physically identifiable .]

Form 53B—Warrant of possession in summary proceeding for recovery of land

Rules 53.08(3), 68.08

[ heading as in Form 5E ]

WARRANT OF POSSESSION IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

TO THE SHERIFF:

In respect of the judgment dated [ insert date ] by which it was adjudged that the plaintiff recover possession of the land described in the schedule [ where there is a defendant and that the defendant pay the plaintiff
$ costs or the plaintiff's costs, which have been taxed at $ ]. Enter The Land and cause the plaintiff to have possession of it [ where there is a defendant , and levy on the property of the defendant which is authorised by law to be taken in execution for [ continue as in Form 68A as for a levy for costs only ] And Indorse [ continue as in Form 68A ].

SCHEDULE

[ Describe land as in judgment ]

Issued [ insert date ].

By the Court

Registrar

Issued at the request of the plaintiff.

[ where there is a defendant ] The last known address of the defendant [ continue as in Form 68A ].

Form 59A—Notice of judgment

Rule 59.05(4)

[ heading as in originating process ]

NOTICE OF JUDGMENT

To [ name ]

of [ address ]

TAKE NOTICE that—

1. A judgment [ or An order] of the Court was given [ or made] on [insert date] by which it was [state substance of judgment or order ].

2. From the time of service of this notice you [ or some other person, naming that person, as the case may be ] will be bound by the judgment [ or order] to the same extent as you [ or that person] would have been if you [ or that person] were a party on the day the judgment [ or order] was given [ or made].

3. Without filing an appearance, you [ or the other person ] may apply by summons filed within 28 days after service of this notice for an order that the judgment [ or order] be set aside or varied.

4. After filing an appearance, you [ or the other person ] may attend on the taking of the account or the making of the inquiry under the judgment [ or order].

Dated [ insert date ].

[ Signed ]

Form 60A—General form of judgment given

Rule 60A.06

[ heading as in originating process ]

GENERAL FORM OF JUDGMENT GIVEN

JUDGMENT

JUDGE [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE GIVEN: [ insert date ].

ORIGINATING PROCESS: [ e.g. Writ] [ state whether by writ, by originating motion or otherwise ]

HOW OBTAINED: [e.g. By plaintiff's summons dated 15 June 20 ] [ state whether on application by or without summons before trial with date of summons or application, or at a trial with date of commencement of trial ]

ATTENDANCE: [ set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor ]

OTHER MATTERS: [ state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court ]

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 60B—General form of judgment entered

Rule 60A.06

[ heading as in originating process ]

GENERAL FORM OF JUDGMENT ENTERED

JUDGMENT

DATE ENTERED:

ORIGINATING PROCESS: [ state whether by writ, by originating motion or otherwise ]

HOW OBTAINED: [ state whether in default of appearance or defence or otherwise ]

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

Registrar

Form 60C—General form of order

Rule 60A.06

[ heading as in originating process ]

GENERAL FORM OF ORDER

ORDER

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE MADE:

ORIGINATING PROCESS: [ state whether by writ, by originating motion or otherwise ]

HOW OBTAINED: [ state whether on application by or without summons, identifying party filing summons or, if no summons, making application, and whether application made before trial with date of summons or application, or at trial with date of commencement of trial ]

ATTENDANCE: [ set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor ]

OTHER MATTERS: [ state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court ]

THE COURT ORDERS THAT:

2. [ terms of order ]

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 60D—Judgment at trial by judge without a jury

Rule 60A.06

[ heading as in originating process ]

JUDGMENT AT TRIAL BY JUDGE WITHOUT A JURY

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE GIVEN:

ORIGINATING PROCESS:

HOW OBTAINED: Trial without a jury, commenced on [ insert date ].

ATTENDANCE:

OTHER MATTERS:

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

The defendant personally and by the defendant's servants and agents be perpetually restrained from [ as the case may be ].

There be judgment for the defendant together with costs to be taxed.

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 60E—Judgment at trial by judge with a jury

Rule 60A.06

[ heading as in originating process ]

JUDGMENT AT TRIAL BY JUDGE WITH A JURY

JUDGE:

DATE GIVEN:

ORIGINATING PROCESS:

HOW OBTAINED: Trial with a jury of six, commenced on [ date ]

ATTENDANCE:

OTHER MATTERS: [ set out findings of jury ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

The defendant pay the plaintiff $ and costs to be taxed.

There be judgment for the defendant together with costs to be taxed.

DATE AUTHENTICATED:

Judge

Form 60F—Judgment or order at trial of preliminary question

Rule 60A.06

[ heading as in originating process ]

JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE GIVEN [ or MADE]:

ORIGINATING PROCESS:

HOW OBTAINED: Trial of question pursuant to order [ identify order ], commenced on

ATTENDANCE:

OTHER MATTERS: The Court finds that:

[ state findings of Court ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

The defendant pay the plaintiff $ and costs to be taxed.

There be judgment for the defendant together with costs to be taxed.

[ or THE COURT ORDERS THAT]:

[ e.g. ]

The proceeding be set down for trial at [ or as the case may be ]

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 60G—Default judgment for debt

Rule 60A.06

[ heading as in originating process ]

DEFAULT JUDGMENT FOR DEBT

ORIGINATING PROCESS:

HOW OBTAINED: In default of appearance [ or defence].

THE JUDGMENT OF THE COURT IS THAT:

[e.g.] The defendant pay the plaintiff $ and $ costs [ or costs to be taxed].

Registrar

Form 60H—Default judgment for recovery of land

Rule 60A.06

[ heading as in originating process ]

DEFAULT JUDGMENT FOR RECOVERY OF LAND

ORIGINATING PROCESS:

HOW OBTAINED: In default of appearance [ or defence].

THE JUDGMENT OF THE COURT IS THAT:

The plaintiff recover possession of the land described in the indorsement of claim on the writ as [ description of land *] and that the defendant pay the plaintiff $ costs [or pay the plaintiff's costs to be taxed].

Registrar

*[Note: The land should be so described as to be physically identifiable .]

Form 60J—Interlocutory or interlocutory and final judgment for
damages or value in default

Rule 60A.06

[ heading as in originating process ]

INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT

ORIGINATING PROCESS:

HOW OBTAINED: In default of appearance [ or defence].

THE JUDGMENT OF THE COURT IS THAT:

The defendant pay the plaintiff damages to be assessed and $ costs [ or costs to be taxed].

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [ or as the case may be ].

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

[ Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at the plaintiff's option enter interlocutory judgment by omitting the words below the line in the form and obtain the authentication of a separate final judgment in Form 60K ].

Form 60K—Final judgment for damages or value in default

Rule 60A.06

[ heading as in originating process ]

FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

ORIGINATING PROCESS:

HOW OBTAINED: Assessment of damages [ or value] pursuant to interlocutory judgment entered on in default of appearance [ or defence].

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [ or as the case may be ].

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 60L—Interlocutory or interlocutory and final judgment for
detention of goods in default

Rule 60A.06

[ heading as in originating process ]

INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DETENTION OF GOODS IN DEFAULT

ORIGINATING PROCESS:

HOW OBTAINED: In default of appearance [ or defence].

THE JUDGMENT OF THE COURT IS THAT:

The defendant deliver to the plaintiff the goods described in the indorsement of claim on the writ as [ description of goods ] or pay the plaintiff the value of the goods to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].

The defendant pay the plaintiff the value of the goods described in the indorsement of claim on the writ to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].

JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

HOW OBTAINED: Assessment of [ complete appropriately ] pursuant to interlocutory judgment.

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

The defendant pay the plaintiff $ , the amount of the assessed value of $ [and the assessed damages or the assessed damages] and costs to be taxed [ or as the case may be ].

DATE AUTHENTICATED:

Judge [ or associate judge or judicial registrar]

Form 61A—Application to Registrar for order for payment of judgment
debt by instalments

Rule 61.02(1)(a)

[ heading as in originating process ]

APPLICATION TO REGISTRAR FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

This application is made to a Registrar by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the County Court dated the [insert date] for $ and costs.

$ is now owing under the judgment, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The [ judgment creditor or judgment debtor ] hereby applies for an order for the payment by instalments of the sum owing under the judgment as follows:

[ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

The grounds on which the application is made are [ complete appropriately ].

The address for service of the [ judgment creditor or judgment debtor ] is

The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is

Dated [ insert date ].

Signature of Applicant or Applicant's Solicitor

[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C .]

Form 61B—Application to Registrar for order in substitution for order for payment of judgment debt by instalments

Rule 61.02(1)(b)

[ heading as in originating process ]

APPLICATION TO REGISTRAR FOR ORDER IN SUBSTITUTION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

On 20 an order was made that the [judgment debtor] pay $ , the sum then owing under the judgment, by instalments as follows: [ insert terms of order ]. The [ judgment debtor ] has duly paid the instalments in accordance with the order [ or has failed to pay the instalments which under the order were due on and the instalments are now in arrears in the sum of
$ ].

$ is now owing under the judgment, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The [ judgment creditor or judgment debtor ] hereby applies for an order in substitution for the order made on 20 namely, for an order for the payment of $ , the sum owing under the judgment, by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

The grounds on which the application is made are:

[ include particulars of any material change in the circumstances of the judgment debtor since the date of the order ].

The address for service of the [ judgment creditor or judgment debtor] is .

The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is

Dated [ insert date ].

Signature of Applicant or Applicant's Solicitor

[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C .]

Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments

Rule 61.02(2)

[ heading as in originating process ]

APPLICATION TO THE COURT FOR VARIATION OR CANCELLATION OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

This application is made to the Court by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the County Court dated [insert date] for $ and costs.

On [ insert date ] an order was made that the [ judgment debtor ] pay $
the sum then owing under the judgment, by instalments as follows: [ insert terms of order ]. The [ judgment debtor ] has duly paid the instalments in accordance with the order [ or has failed to pay the instalments which under the order were due on and the instalments are now in arrears in the sum of $ ].

$ is now owing under the judgment, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The [ judgment creditor or judgment debtor ] hereby applies for an order that the order made on [ insert date ] be varied as follows: [ give particulars of variation sought stating amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid under the order as varied ] [ or be cancelled].

The grounds on which the application is made are:

[ Where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order .]

[ Where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate .]

TAKE NOTICE that the application will be heard before the Judge in
the Court, 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.

The address for service of the [ judgment creditor or judgment debtor]
is .

The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is .

Dated [ insert date ].

Signature of Applicant or Applicant's Solicitor

[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C .]

Form 61D—Order relating to payment of judgment debt by instalments

Rule 61.02(5)

[ heading as in originating process ]
[ follow form 60C except as below ]

ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

THE COURT ORDERS THAT:

The [ judgment debtor ] pay to the [ judgment creditor ] $ , being the sum owing in respect of a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows:

[ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

The following order be substituted for the order made on 20
that the [ judgment debtor ] pay by instalments $ which was then owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ].

[ complete appropriately ]

The order made on 20 that the [judgment debtor] pay by instalments $ which was then owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] be varied as follows:

[ complete appropriately ]

Form 61E—Notice of order or refusal of order by Registrar for payment of judgment debt by instalments

Rule 61.02(6)

[ heading as in originating process ]

NOTICE OF ORDER OR REFUSAL OF ORDER BY REGISTRAR FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

To the [ judgment creditor ]

And to the [ judgment debtor ]

TAKE NOTICE that on 20 I made an order on the application of the [ judgment creditor or judgment debtor ] that the [judgment debtor] pay to the [judgment creditor] $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows: [ state amount of each instalment, weekly, monthly or other period of payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

that on 20 I refused an application by the [judgment creditor or judgment debtor ] for an order that the [ judgment debtor ] pay by instalments
$ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ].

Dated 20 .

Registrar

Note: If you are dissatisfied with the order or refusal referred to in this Notice you may file a Note of Objection with the Registrar within 14 days after receipt by you of this Notice. The Notice of Objection should be in Form No. 61F of Chapter I of the Rules of the County Court.

Form 61F—Notice of objection

Rule 61.02(7)

[ heading as in originating process ]

NOTICE OF OBJECTION

To Registrar

TAKE NOTICE that the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] objects to the order made on 20 that [ complete appropriately ].

to the refusal on 20 of an application by the [ judgment creditor or judgment debtor ] for an order that [ complete appropriately ].

The address for service of the [ judgment creditor or judgment debtor] is .

Dated [ insert date ].

Signature of objector or objector's solicitor

Form 61G—Notice of hearing of objection

Rule 61.02(9)

[ heading as in originating process ]

NOTICE OF HEARING OF OBJECTION

To the [ judgment creditor ]

And to the [ judgment debtor ]

TAKE NOTICE that the [ judgment creditor or judgment debtor ] has filed notice of objection to an order of Registrar made
on [ insert date ] on the application of the [ judgment creditor or judgment debtor ] that [ complete appropriately ] [ or to the refusal by Registrar on [insert date] of an application by the [ judgment creditor or judgment debtor ] for an order that [ complete appropriately ].

The objection will be heard in the Court of 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.

Dated [ insert date ]

Registrar

Form 61H—Notice by Court relating to payment of judgment debt
by instalments

Rule 61.02(10)

[ heading as in originating process ]

NOTICE BY COURT RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

To the [ judgment creditor ]

And to the [ judgment debtor ]

This Notice is given in relation to the judgment dated [ insert date ] by which it was adjudged that the [ judgment debtor ] pay to the [ judgment creditor ] $ and costs.

[ to be completed where the Registrar has refused to order the payment of the judgment debt by instalments ].

On 20 the Registrar refused an application by the [ judgment creditor or judgment debtor ] for an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments.

TAKE NOTICE that the [ judgment creditor or judgment debtor ] filed notice of objection to the refusal of the Registrar and that on 20 the Court made an order that the [judgment debtor] pay to the [judgment creditor] $ , being the sum owing under the judgment by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ] [ or the Court refused to make an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments].

[ to be completed where the Registrar has ordered the payment of the judgment debt by instalments ].

On 20 the Registrar, on the application of the [ judgment creditor or judgment debtor ], made an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments as follows: [ state amount of each instalment, weekly or monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

TAKE NOTICE that the [ judgment creditor or judgment debtor ] filed notice of objection to the order of the Registrar and that on 20 the Court made an order that the order of the Registrar be confirmed [ or varied as follows: complete appropriately ] [ or cancelled].

Dated [ insert date ].

Registrar

Form 61J—Instalment agreement

Rule 61.03(1)

[ heading as in originating process ]

INSTALMENT AGREEMENT

1. This agreement is made between the [ judgment creditor ] of [ usual place of residence or of business or registered office ] and the [ judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the County Court dated [insert date] for $ and costs.

2. $ is owing under the judgment, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

3. The parties hereby agree that the [ judgment debtor ] shall pay and the [judgment creditor] will accept payment of $ , being the sum owing under the judgment, by instalments as follows:

(a) Number of instalments;

(b) Amount of each instalment;

(d) Date of payment of—
first instalment;
last instalment;

(e) Name and address of person to whom payment to be made.

4. The [ judgment debtor ] acknowledges that he, she or it is aware that upon filing of this agreement an order will be made in the terms of this agreement and that for a breach thereof he, she or it may be required to attend before the Court.

Dated the day of 20 .

Signed by the judgment creditor:

Witness:

Signed by the judgment debtor:

Witness:

Form 61K—Order for instalment payment of judgment debt after agreement

Rule 61.03(4)

[ heading as in originating process ]
[ follow Form 60C except as below ]

ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT

THE COURT ORDERS THAT:

In accordance with an agreement dated 20 made between the [ judgment creditor ] and the [ judgment debtor ] under the Judgment Debt Recovery Act 1984 and filed the [ judgment debtor] pay to the [judgment creditor] $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ], by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

Form 61L—Notice of order for instalment
payment of judgment debt after agreement

Rule 61.03(5)

[ heading as in originating process ]

NOTICE OF ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT

To the [ judgment creditor ]

And to the [ judgment debtor ]

TAKE NOTICE that on 20 in accordance with an agreement dated 20 made between the [judgment creditor ] and the [ judgment debtor ] under the Judgment Debt Recovery Act 1984 and filed, I made an order that the [ judgment debtor] pay to the [judgment creditor] the sum of $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].

Dated 20 .

Registrar

Form 61M—Summons to attend for oral examination

Rule 61.04(1)

[ heading as in originating process ]

SUMMONS TO ATTEND FOR ORAL EXAMINATION

( Judgment Debt Recovery Act 1984 )

To the [ judgment debtor ]

You are summoned to attend before the Court to be orally examined as to any matter related to your financial circumstances generally and your means and ability to satisfy the judgment against you in favour of the [ judgment creditor ] dated [ insert date ] under which judgment $ is owing.

Your examination is required for the purpose of your application [ or an application by the [ judgment creditor ]] for an order that the sum of $ be paid by instalments [ or for an order that an order made on 20 that the [judgment debtor] pay by instalments $ , being the sum owing under the judgment, be confirmed or varied or cancelled].

Your examination is required with respect to an allegation made by the [ judgment creditor ] that you have defaulted in the payment of instalments under an order made on 20 that you pay by instalments $ , being the sum owing under a judgment against you in favour of the [ judgment creditor ] dated [ insert date ].

You are required to produce to the Court on the examination the following documents: [ description of documents ].

The examination will be held before the Judge [ or the associate judge] at the County Court, William Street, Melbourne, on 20 at a.m.
[or p.m.] or so soon afterwards as the business of the Court allows.

Issued 20 .

Registrar

Note : If you do not attend the Court as directed by this summons, the Court may issue a warrant for your arrest.

Form 61N—Warrant of apprehension on disobedience to summons

Rule 61.04(4)

[ heading as in originating process ]

WARRANT OF APPREHENSION ON DISOBEDIENCE TO SUMMONS

To all police officers of the State of Victoria.

[ Name of judgment debtor ] of [ address ] has failed to attend before the County Court at the time and place appointed by the summons issued
on [ insert date ] to be examined concerning that person's financial circumstances:

I authorise you to enter and search by day or by night any dwelling-house, tenement, ship or place whatsoever [ or the dwelling-house or tenement or ship situated at ] where the said person is suspected to be [ or to be concealed or to be unlawfully detained] using all necessary force for that purpose and if necessary to break any outer door or window and to apprehend him or her and to bring that person before the [ continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3) of the Judgment Debt Recovery Act 1984 ].

Issued [ insert date ]

Registrar

Form 61P—Notice to judgment creditor of
summons or warrant to judgment debtor

Rule 61.04(6)

[ heading as in originating process ]

NOTICE TO JUDGMENT CREDITOR OF SUMMONS OR WARRANT TO JUDGMENT DEBTOR

To the [ judgment creditor ]

of [ address ]

TAKE NOTICE that on 20 a summons was issued requiring the [ judgment debtor ] to attend before the Court to be orally examined for the purpose of an application by the [ judgment creditor or judgment debtor ] with respect to the payment by instalments of the sum owing under the judgment for the [ judgment creditor ] against the [ judgment debtor] dated [insert date] for $ and costs.

TAKE NOTICE that on 20 a warrant was issued for the apprehension of the [ judgment debtor ] for his or her failure to comply with a summons requiring him to attend before the Court on 20 to be orally examined for the purpose of an application by the [ judgment creditor or judgment debtor ] with respect to the payment by instalments of the sum owing under the judgment for the [ judgment creditor ] against the [judgment debtor] dated [insert date] for $ and costs.

By the summons [ or the warrant] the [ judgment debtor ] is required to attend [ or be brought] before the [ continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3) of the Judgment Debt Recovery Act 1984 ].

Dated [ insert date ].

Registrar

Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order

Rule 61.05

[ heading as in originating process ]

NOTICE BY COURT OF CONFIRMATION, VARIATION OR CANCELLATION OF JUDGMENT DEBT INSTALMENT ORDER

To the [ judgment creditor ]

And to the [ judgment debtor ]

This Notice is given in relation to the default by the [ judgment debtor ] in the payment of instalments under an order made on 20 that the [judgment debtor] pay by instalments $ being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ].

TAKE NOTICE that on 20 , after examining the [ judgment debtor ], the Court made an order that the said order for payment by instalments be confirmed [ or varied as follows: complete appropriately ] [ or cancelled].

Dated [ insert date ].

Registrar

Form 61R—Certificate of payment

Rule 61.07(2)

[ heading as in originating process ]

CERTIFICATE OF PAYMENT

To the Governor of the prison at

By virtue of an order for imprisonment made by the County Court on [ insert date ] [ name of judgment debtor ] of [ address ] was committed to prison at [ insert place ].

This certifies that the said [ name of judgment debtor ] has paid the instalments of which default was made and is now entitled to be discharged out of custody.

Dated [ insert date ]

Registrar

Form 64AB—Application for copy of Judge's notes

Rule 64A.05

APPLICATION FOR COPY OF JUDGE'S NOTES

TO HIS/HER HONOUR JUDGE

The [ identify party ] having taken the steps necessary to enable prosecution of an appeal under section 74 of the Act, from your judgment [or order] in the above case tried at on [ insert date ], I request to be furnished, for the purpose of such appeal, with a copy of your notes taken at the hearing.

G.H.
Practitioner for [ identify party ]

Form 68A amended by S.R. No. 27/2020 reg. 3.

Form 68A—Warrant of seizure and sale

Rule 68.08

[ heading as in originating process ]

WARRANT OF SEIZURE AND SALE

TO THE SHERIFF:

In respect of the judgment [ or order] dated [ insert date ] by which it was adjudged [ or ordered] that [ judgment debtor ] pay $ to [ judgment creditor ] together with costs, which have been taxed at $ , [ or by which it was ordered that] [ judgment debtor ] pay certain costs to [ judgment creditor ], which have been taxed at $ , Levy On The Property of [ judgment debtor ] which is authorised by law to be taken in execution for the sum of—

(a) $ , being the amount now due and payable for which judgment was entered or given;

(b) $ , being the amount now due and payable in respect of costs;

(c) $ , being the amount due and payable for interest accrued in respect of the judgment amount and the amount of costs at the date of the issue of the warrant, at the rate fixed in accordance with law;

(d) $ , [insert amount of interest payable per day], being the amount of interest, if any, for each day which, subject to any future payment under the judgment, will accrue from the date of the issue of the warrant until the execution of the warrant; and

(e) your fees and expenses for this [and for any prior] warrant—

And Pay the amount so levied other than your fees and expenses to [ judgment creditor ] or otherwise as the law requires And Indorse on this warrant immediately after you have performed all your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to [ judgment creditor ].

*For the purposes of section 52(2) of the Transfer of Land Act 1958 , the land in the folio or folios of the Register kept under that Act identified by folio number(s) [ insert relevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant.

Issued 20 .

Registrar

Issued at the request of [ judgment creditor ].

The last known address of [judgment debtor] is and [if it is different the address of the place where it is believed that property of [ identify that person ] may be found is ].

*Delete if not applicable.

Form 68B—Warrant of possession

Rule 68.08

[ heading as in originating process ]

WARRANT OF POSSESSION

TO THE SHERIFF:

In respect of the judgment dated [ insert date ] by which it was adjudged that [ identify party or other person for whom judgment was entered or given ] recover possession of the land described in the Schedule and that [ identify party or other person against whom judgment was entered or given ] pay [ identify party or other person ] costs [ or pay $ to the [ identify party or other person together with costs], which have been taxed at $ , Enter The Land and cause [identify party or other person ] to have possession of it, and levy on property of [ identify party or other person ] which is authorised by law to be taken in execution for [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].

SCHEDULE

[ Describe land as in judgment ]

Issued 20 .

Registrar

Issued at the request of [ identify party or other person for whom judgment was entered or given ].

The last known address of [ continue as in Form 68A ].

Form 68C—Warrant of delivery

Rule 68.08

[ heading as originating process ]

WARRANT OF DELIVERY

TO THE SHERIFF:

In respect of the judgment [ or order] dated [ insert date ] by which it was adjudged [ or ordered] that [ identify party or other person against whom judgment was entered or given or order made ] deliver the goods described in the schedule to [ identify party or other person for whom judgment was entered or given or order made ] and pay [$ damages for their detention and] costs, which have been taxed at $ , Cause The Goods To Be Delivered to [ identify party or other person ] And Levy on the property of [ identify party or other person ] which is authorised by law to be taken in execution [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].

[ where judgment or order is for delivery of goods or payment of their assessed value with or without an award of damages for their detention :]

In respect of the judgment [ or order] dated [ insert date ] by which it was adjudged [ or ordered] that [ identify party or other person ] do deliver the goods described in the schedule to [ identify party or other person] or pay
$ their assessed value [and $ damages for their detention] and costs, which have been taxed at $ , Cause The Goods To Be Delivered to [ identify party or other person ] And Levy on the property of [ identify party or other person ], which is authorised by law to be taken in execution—

(a) if you cannot cause the goods to be so delivered, for $
[ assessed value of the goods ];

(b) for $ , being $ [amount of damages] due and
payable exclusive of taxed costs and $ for taxed costs;
[ or

[ continue as in Form 68A according to whether the levy is for interest on damages and costs or on costs only ] And Indorse [ continue as in Form 68A ].

SCHEDULE

[ Describe goods as in judgment ]

Issued 20 .

Registrar

Issued at the request of [ identify party or other person ].

The last known address of [ continue as in Form 68A ].

Form 69A—Advertisement of sale by the sheriff

Rule 69.06(3)

ADVERTISEMENT OF SALE BY THE SHERIFF

On 20 at a.m. [or p.m.] at (unless process if stayed or satisfied) all the estate and interest (if any) of the [ debtor ] of
as [proprietor of an estate in fee simple in the land described in Certificate of Title Volume Folio upon which is erected a brick factory known as No. Street ].

[Registered mortgage No. affects the said estate and interest].

Terms: Cash only.

Sheriff

Form 71A—Garnishee summons

Rule 71.06(2)

GARNISHEE SUMMONS

Between A.B. Judgment creditor

and

C.D. Judgment debtor

and

X.Y. Garnishee

To [ name of garnishee ]

of [ address ].

You are summoned to attend before the Court on the hearing of an application by the judgment creditor for an order that you, the garnishee, pay to the judgment creditor the debt due from you to the judgment debtor [ or the debt which will become due from you to the judgment debtor on 20 ] [or pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor] [ or the debt which will accrue from you to the judgment debtor on 20 ] or so much thereof as may be sufficient to satisfy a judgment recovered against the judgment debtor by the judgment creditor in the Court on [insert date] for $ , interest accrued and accruing on the judgment and the costs of the judgment creditor of the garnishee proceedings. The sum required to satisfy the judgment, interest and costs is $ being—

(a) $ , the amount due and unpaid under the judgment;

(b) $ , the amount of interest accrued and accruing;

The debt in respect of which this summons is filed and served is [ identify the debt in accordance with Rule 71.06(1) ].

This summons is filed and served by order of the Court on 20 . The application will be heard on etc. [ continue as in Form 46A ] [ insert the following at the end of summons ].

TAKE NOTICE [ where the debt is due or accruing ] that upon service of this summons the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.

[ or where the debt is not yet due or accruing ]

TAKE NOTICE in the event that the debt becomes due or accrues before the day for hearing named in the summons upon its becoming due or accruing the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.

Form 71B—Garnishee order

Rule 71.09(4)

[ heading as in Form 71A ]

[ other particulars as in Form 60L ]

GARNISHEE ORDER

( where garnishee debt less than judgment debt, interest and judgment creditor's costs )

THE COURT ORDERS THAT:

1. The garnishee [ where appropriate insert here (after deducting therefrom
$ for the garnishee's costs of the garnishee application)] do forthwith pay to the judgment creditor $ , the debt due from him, her or it to the judgment debtor and that in default of payment execution may issue against the garnishee.

[ or where the debt is not due but accruing ]

do pay to the judgment creditor $ , the debt accruing from him, her or it to the judgment debtor, as follows [ state the amount or amounts to be paid and the time or times of payment as directed by the Court ] and that in default of payment execution may issue against the garnishee.

2. $ , the costs of the judgment creditor of the garnishee application, be added to the judgment debt and the interest accrued thereon and be retained by the judgment creditor out of the money recovered by him, her or it under this order in priority to the judgment debt and interest.

Form 71C—Garnishee order

Rule 71.09(4)

[ heading as in Form 71A ]

[ other particulars as in Form 60C ]

GARNISHEE ORDER

( where garnishee debt greater than judgment debt, interest and judgment creditor's costs )

THE COURT ORDERS THAT:

1. The garnishee do forthwith pay to the judgment creditor $ , being so much of the debt due from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee.

[ or where the debt is not due but accruing ]

do pay to the judgment creditor $ , being so much of the debt accruing from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings as follows [ state the amount or amounts to be paid and the time or times of payment as directed by the Court ] and that in default of payment execution may issue against the garnishee.

[ where appropriate add ]

2. The garnishee be at liberty to retain $ for the garnishee's costs of the garnishee proceedings out of the balance of the debt due [ or accruing] from him, her or it to the judgment debtor.

Form 72A—Attachment of earnings summons

Rule 72.02(3)

[ heading as in originating process ]

ATTACHMENT OF EARNINGS SUMMONS

To the [ judgment debtor ]

of [ address ]

You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that the earnings of the [ judgment debtor ] be attached to satisfy the judgment against the [ judgment debtor ] in favour of the [ judgment creditor ] in the County Court dated [insert date] for $ , in respect of which judgment $ is due and unpaid, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The application will be heard [ continue as in Form 46A .].

Form 72B—Affidavit in support of application for attachment of earnings orders

Rule 72.02(3)

[ heading as in originating process ]

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDERS

I, of , the [judgment creditor ], make oath and say that:

1. By a judgment dated [ insert date ] it was adjudged that the [ judgment debtor ] should pay to me the sum of $ together with costs.

2. $ is due and unpaid in respect of the judgment, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The [ judgment debtor ] has persistently failed to comply with an order with respect to the judgment made by the County Court on ,
20 that the [judgment debtor] [insert terms of order not complied with ].

3. The [judgment debtor] is employed by of as
a [ occupation ].

4. No warrant committing the [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.

A warrant committing the [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has not been executed.

Sworn etc.

Form 72C—Judgment debtor's statement of financial situation

Rules 61.02(3), 72.02(4) and 72.05(4)

[ heading as in originating process ]

JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION

To the [ judgment debtor ]:

of [ address ]

TAKE NOTICE that you should complete this form by giving the information requested below. The completed form signed by you must be sent to the [judgment creditor] at [address for service] before 20 [ day for hearing named in the summons ].

If you do not do this, the court may make an order that you attend before the Court and give the information.

Signature of judgment
creditor's solicitor:

1. Amount and Source of Weekly Income

Occupation:

If working for an employer:

Name and address of employer:

Gross wage: ______________

Current overtime (if any): ______________

Car and other allowances and commission: ______________

If self-employed or in partnership:

Average pre-tax earnings for last 12 months: ______________

If unemployed:

State length of last employment, date when last
employment ceased and gross weekly amount earned: ______________

Pension or other benefit received: ______________

Workers' compensation received: ______________

Maintenance received: ______________

Superannuation received: ______________

Board or rent received: ______________

Average weekly interest on bank or other authorised
deposit-taking institution deposit, debentures etc.: ______________

Average weekly dividend on shares: ______________

Other income (give particulars): ______________

Total Gross Weekly Income: ______________

2. Property and Assets

Land, including vacant land:

For each piece of land—
Market value: ______________

Amount of mortgage: ______________

Net value: ______________

Motor vehicle:

For each motor vehicle—

Year, make and model: ______________

Market value: ______________

Amount owing to finance company: ______________

Net value: ______________

Deposit in bank or other authorised deposit-taking
institution etc.: ______________

Other investments including shares, debentures, bonds: ______________

Money owing to you:

From , $

Total: ______________

Value of interest in partnership or business: ______________

Furniture, household and personal goods:

Market value: ______________

Amount owing to finance company: ______________

Net value: ______________

Life insurance policies:

Give particulars and state surrender value of each
policy: ______________

Other assets (give particulars): ______________

Total Property and Assets: ______________

3. Debts, Liabilities and Other Financial Obligations

(a) Weekly expenses

Income tax: ______________

Superannuation: ______________

Housing (mortgage, rent, board, hospital or institution): ______________

Municipal rates: ______________

Water and sewerage rates: ______________

Land tax: ______________

Child care expenses incurred for the purpose of earning
income: ______________

Maintenance actually paid: ______________

Instalment payments such as for household goods or
tools of trade:

To , $

Total: ______________

Electricity and gas: ______________

Food: ______________

Other general household expenses: ______________

Motor vehicle expenses (registration, insurance,
maintenance, fuel): ______________

Fares: ______________

Telephone: ______________

Insurance policy premiums: ______________

School fees and other school expenses: ______________

Clothing and shoes: ______________

Medical and chemist expenses: ______________

Entertainment: ______________

Payments on court orders and fines: ______________

Other expenses (give particulars): ______________

Total: ______________

(b) Other debts outstanding

Give particulars of debts under hire purchase, leasing, credit card or other credit contracts, department store accounts, guarantee or personal loan:

$ , to , due on

Total: ______________

4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give name of the other owner or owners:

.......................................................................................................

5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:

.......................................................................................................

6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:

.......................................................................................................

Signature of judgment debtor:

Date:

Form 72D—Summons for an order to attend for examination or furnish particulars

Rule 72.04(7)(a)

[ heading as in originating process ]

SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS

To: the [ judgment debtor ]

[ person indebted to or employer of judgment debtor ]

of [ address ].

You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that [ set out the order sought ].

The application will be heard [ continue as in Form 46A ].

Form 72E—Affidavit support of summons for an order to attend for examination or furnish particulars

Rule 72.04(7)(b)

[ heading as in originating process ]

AFFIDAVIT SUPPORT OF SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS

I, of , the [judgment creditor ] make oath and say that:

1. By a judgment dated [ insert date ] it was adjudged that the [judgment debtor] should pay to me $ together with costs.

2. $ is due and unpaid in respect of the judgment the sum, being—

(a) $ , the amount due under the judgment;

(b) $ , the amount of costs;

The [ judgment debtor ] has persistently failed to comply with an order with respect to the judgment made by the County Court on 20 that the [judgment debtor] [insert terms of order not complied with ].

3. I seek to obtain an order for the attachment of the earnings of the [ judgment debtor ].

4. The place of residence of the [ judgment debtor ] is .

5. On 20 I was informed by of and verily believe that the [ judgment debtor ] is employed by of as a [occupation] and is a person to whom earnings are payable or likely to become payable by the said employer.

On 20 I was informed by and verily believe that the [judgment debtor] is employed by and is a person to whom earnings are payable or likely to become payable, but I do not know the name or whereabouts of the employer of the [ judgment debtor ] or what the earnings of the [ judgment debtor ] are.

Sworn etc.

Form 72F—Order that judgment debtor attend or give statement

Rule 72.04(8)

[ heading as in originating process ]
[ Follow Form 60C except as below ]

ORDER THAT JUDGMENT DEBTOR ATTEND OR GIVE STATEMENT

HOW OBTAINED:

Summons by the [judgment creditor] dated 20 in aid of an application for an attachment earnings order against the [ judgment debtor ] in respect of a judgment dated [ insert date] for $ together with costs.

THE COURT ORDERS THAT:

The [ judgment debtor ] attend before the Judge in the Court [or the associate judge in the Court] County Court, William Street, Melbourne, on 20 at to be examined concerning the means and ability of the [ judgment debtor ] or comply with the judgment [ or to state to the Court the following particulars], namely:

[ complete appropriately ]

The [ judgment debtor ] furnish to the Court on or before 20
a statement in writing signed by the [judgment debtor] setting forth the following particulars, namely:

[ complete appropriately ]

Form 72G—Order that person indebted to or
employer of judgment debtor give statement

Rule 72.04(8)

[ heading as in originating process ]
[ Follow Form 60C except as below ]

ORDER THAT PERSON INDEBTED TO OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT

HOW OBTAINED:

Summons by the [judgment creditor] dated 20 in aid of an application for an attachment of earnings order against the [ judgment debtor ] in respect of a judgment dated [ insert date ] for $ together with costs.

OTHER MATTERS:

It was made to appear to the Court that is indebted to [ or is the employer of] the [ judgment debtor ].

THE COURT ORDERS THAT:

give to the Court on or before 20 a statement in writing signed by that person or on the person's behalf containing the following particulars of that person's indebtedness to the [ judgment debtor ] that became payable during the period 20 to 20 .

[ complete appropriately ]

Form 72H—Attachment of earnings order

Rule 72.05(6)

[ heading as in originating process ]
[ Follow Form 60C except as below ]

ATTACHMENT OF EARNINGS ORDER

OTHER MATTERS:

The Court finds that:

1. By a judgment dated [ insert date ] it was adjudged that the [ judgment debtor ] pay to the [ judgment creditor ] $ together with costs.

2. $ is due and unpaid in respect of the judgment.

2. The [ judgment debtor ] has persistently failed to comply with an order with respect to the judgment made by the Court on 20 that the [ judgment debtor ] [ insert terms of order not complied with ].

3. The [ judgment debtor ] was served with a copy of the summons herein and has had a reasonable opportunity of attending the hearing.

4. The [judgment debtor] is employed by at in the State of Victoria as a [ occupation ] and is a person to whom earnings are payable or are likely to become payable by that employer.

THE COURT ORDERS THAT:

1. The abovenamed employer on each pay day whilst the [ judgment debtor ] is employed by the employer or until this order ceases to have effect do make payments out of the earnings of the [ judgment debtor ] at the rate calculated in accordance with this order to [ name and address of person to whom payments are to be made ] for or towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment and the amount of $ for costs.

2. For the purpose of calculating the normal deduction for the purposes of paragraph 4 of this order the normal deduction rate shall be $ each pay day [or on the pay day(s) falling on 20 and thereafter
$ each pay day].

3. The protected earnings rate, that is, the rate below which the earnings of the [ judgment debtor ] may not be reduced by a payment under this order, shall be $ in respect of each pay day.

4. [ The employer ] shall, in respect of each pay day whilst the order is in force, if the net earnings of the [ judgment debtor ] exceed the sum of—

(a) the protected earnings of the [ judgment debtor ]; and

(b) so much of any amount by which the net earnings that became payable on any previous pay day were less than the protected earnings in relation to that pay day as has not been made good on any previous pay day, pay, so far as that excess permits, to the [ judgment creditor ] the normal deduction in relation to that pay day and so much of the normal deduction in relation to any previous pay day as was not paid on that pay day and has not been paid on any other previous pay day.

Note:

An attachment of earnings order does not come into force until the expiration of seven days after the day on which the order is served on the person to whom the order is directed.

Form 72J—Notice to employer

Rule 72.06(3)

[ heading as in originating process ]

NOTICE TO EMPLOYER

The attachment of earnings order served herewith requires you to deduct from any earnings becoming payable to the [ judgment debtor ] as your employee, from pay day to pay day until the order is discharged or suspended, the amount referred to in the order as the normal deduction, and to pay that amount to of towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment referred to in the order and $ for costs.

"Earnings" in relation to the [ judgment debtor ] means any amounts payable to the [ judgment debtor ]—

(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or

(b) by way of pension, including—

(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and

(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment, but does not include any pension payable to the [ judgment debtor ] under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth.

Where two or more attachment of earnings orders are directed to you with respect to earnings payable or likely to become payable by you to the [ judgment debtor ], you are required to—

(a) comply with those orders according to the respective dates on which they took effect, and disregard any order until an earlier order has been complied with; and

(b) comply with any order as if the earnings to which it relates were the residue of the earnings of the [ judgment debtor ] after the making of any payment under an earlier order.

You are required to give the [ judgment debtor ] a notice specifying particulars of the payments made by you under the attachment of earnings order.

In addition to deducting the amount required to be deducted under an attachment of earnings order, you are entitled to make a further deduction of $3 from the earnings of the [ judgment debtor ] towards the clerical and administrative costs of making payments under the order. You are required to give the [ judgment debtor ] notice of the amount deducted for this purpose.

If you are in doubt whether payments to the [ judgment debtor ] of a particular class or description are earnings for the purpose of the attachment of earnings order you may apply to the Court to have that question determined.

You must give notice in writing to the Registrar—

(a) if you are not the employer of the judgment debtor at the time the order is served, forthwith after service;

(b) if you are the employer of the judgment debtor at the time the order is served, but cease to be employer thereafter, forthwith after you cease to be employer.

Any person who dismisses an employee, injures an employee in his or her employment or alters his or her position to his or her prejudice because an attachment of earnings order has been made or because the person is required to make payments under the order in relation to the employee may be dealt with as for contempt of court.

Dated 20 .

Registrar

Form 72K—Notice by employer that judgment debtor is not in employer's employ

Rule 72.06(3)

[ heading as in originating process ]

NOTICE BY EMPLOYER THAT JUDGMENT DEBTOR IS NOT IN EMPLOYER'S EMPLOY

To the Registrar,

And to the [ judgment creditor ] of [ address ].

An order was made on [ insert date ] that I make payments to the [ judgment creditor ] out of the earnings of the [ judgment debtor ].

I give notice that I am not the employer of the [ judgment debtor ]
[ or I ceased to be the employer of the [ judgment debtor ] on [ insert date ].]

Dated [ insert date ]

[ Signature of employer ]

Form 72L—Notice of cessation of attachment of earnings order

Rule 72.11(3)

[ heading as in originating process ]

NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER

To: [employer] of , the employer of the [ judgment debtor ].

TAKE NOTICE that the attachment of earnings order made on [ insert date ] by which you were ordered to make payments for or towards securing payment of the amount due and unpaid in respect of a judgment in favour of the [ judgment creditor ] out of the earnings payable to the [ judgment debtor ], ceased to have effect on [ insert date ] because [ state reason ].

Dated [ insert date ].

Registrar

Note:

Where the order ceases to have effect, you will not incur any liability in consequence of your treating it as still in force at any time before the expiration of seven days after this notice or a copy of the order discharging the earlier order, as the case may be, is served on you.

Form 73A—Charging summons

Rule 73.05(2)

[ heading as in originating process ]

CHARGING SUMMONS

To [ name ]

of [ address ].

And to the [ judgment debtor ].

You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that certain securities [ or as the case may be ] in which the [ judgment debtor ] has a beneficial interest, namely [ give particulars sufficient to identify the securities and the interest of the judgment debtor ], stand charged to the extent of the value of the entire beneficial interest of the [ judgment debtor ] in the securities or of so much of that value as may be sufficient to satisfy a judgment recovered against the [ judgment debtor ] by the [ judgment creditor ] in the Court on [insert date] for $ , interest accrued and accruing on the judgment and the costs of the [ judgment creditor ] of the charging order proceedings. The sum required to satisfy the judgment, interest and costs is $ , being—

(a) $ , the amount due and unpaid under the judgment;

(b) $ , the amount of interest accrued or estimated to accrue;

This summons is filed and served by order of the Court made on[ insert date ].

The application will be heard etc. [ continue as in Form 46A ].

[ insert the following at the end of the summons ]

To [ name ]

of [ address ].

TAKE NOTICE that upon service of this summons you shall not, except by order of the Court, cause or permit any transfer of any of the abovementioned securities to be made or pay to any person any dividend or interest thereon.

To the [ judgment debtor ].

TAKE NOTICE that, unless the Court otherwise orders, no disposition by you of your interest in any of the abovementioned securities made after service of this summons and before the application for the charging order is heard by the Court shall be valid as against the [ judgment creditor ].

Form 73B—Affidavit as to stock

Rule 73.13(2)(a)(i)

AFFIDAVIT AS TO STOCK

IN THE COUNTY COURT

OF VICTORIA

IN THE MATTER OF [ identify the document comprising the stock under which the claimant's interest arises ].

I, of make oath and say that according to the best of my knowledge, information and belief I have [ or if the affidavit is made by the solicitor, name of claimant of has] a beneficial interest in the stock specified in the notice filed with this affidavit as [ describe the interest of the claimant in the stock and identify any document under which it arises ].

This affidavit is filed on behalf of [ name of claimant ] of [ address ].

Form 73C—Notice as to stock

Rule 73.13(2)(a)(ii)

[ heading as in Form 73B ]

[ to be filed with Form 73B ]

NOTICE AS TO STOCK

To [ name ]

of [ address ].

TAKE NOTICE that the stock comprised in and subject to the trusts of the settlement [ or as the case may be ] referred to in the affidavit filed with this notice consists of the following, namely [ identify the stock, stating the names in which it stands ].

This notice is intended to stop the transfer of the stock and not the payment of any dividend or interest on the stock[ or also the payment of any dividend or interest on the stock].

[ Signature of claimant, or solicitor
where affidavit made by solicitor ]

Form 75A—Arrest warrant in summary proceedings for contempt
in face of County Court

Rule 75.02(4)

ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF COUNTY COURT

IN THE COUNTY COURT

OF VICTORIA

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

*[ insert name and position of person authorised by law to execute a warrant to arrest ]

*all persons authorised by law to execute a warrant to arrest

Arrest [ insert name of person ] and bring him or her before the Court forthwith to answer a charge of contempt and, if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody and, when it is practicable to bring him or her before the Court, do so forthwith.

Dated [ insert date ].

Judge

*Delete if not applicable.

Form 75B—Arrest warrant in contempt proceedings by summons
or originating motion

Rule 75.08(4)

[ heading as in summons or originating motion ]

ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

*[ insert name and position of person authorised by law to execute a warrant to arrest ]

*all persons authorised by law to execute a warrant to arrest

Arrest [ insert name of person ] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $ into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to answer the charge and to submit to the judgment of the Court.

Dated [ insert date ]

Judge

*Delete if not applicable.

Form 75BA—Arrest warrant pending contempt hearing

Rule 75.08.1(1C)

[ heading as in originating process ]

ARREST WARRANT PENDING CONTEMPT HEARING

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

*[ insert name and position of person authorised by law to execute a warrant to arrest ]

*all persons authorised by law to execute a warrant to arrest

Dated [ insert date ].

Judge

*Delete if not applicable.

Form 75C—Committal warrant

Rule 75.13

[ heading as in Form 75A, 75B or 75BA as appropriate ]

COMMITTAL WARRANT

TO THE SHERIFF

Take [name] to the prison at and deliver him or her to the Governor of that prison.

Arrest [ name ] and take him or her to the prison at and deliver the person to the Governor of that prison.

To the Governor of the prison at

Receive [ name ] into your custody and keep him or her person until the further order of this Court [ as the case may be ].

The committal of [ name ] for contempt of court in that [ name ] ( state nature of his or her contempt ).

Dated [ insert date ].

Judge

Form 80A—Request for service abroad of judicial documents and certificate

Rules 80.04 and 80.06

REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS AND CERTIFICATE

PART 1—REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965

Identity and address of the forwarding authority requesting service

Identity and address of receiving authority [ Central Authority/additional authority ]

The undersigned forwarding authority (on the application of [ name and address of applicant on whose behalf forwarding authority requests service ]) has the honour to transmit—in duplicate—the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e.:

(identity and address)

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*:

(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*):

The receiving authority [ Central Authority/additional authority ] is requested to return or to have returned to the forwarding authority a copy of the documents—and of the annexes*—with a certificate as provided in Part 2 of this Form on the reverse side.

List of documents

Done at , the

Signature or stamp (or both) of forwarding authority.

*Delete if inappropriate.

PART 2—CERTIFICATE

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965

The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:

1. that the documents listed in Part 1 have been served*

the (date)

at (place, street, number)

in one of the following methods authorised by Article 5:

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of the Article 5 of the Convention*:

(b) in accordance with the following particular method*:

The document referred to in the request, has been delivered to:

(identity and description of person)

relationship to the addressee (family, business or other)

2. that the document has not been served, by reason of the following facts*:

In conformity with the second paragraph of Article 12 of the Convention, the forwarding authority is requested to pay or reimburse the expenses detailed in the attached statement*.

Annexes

Documents returned:

In appropriate cases, documents, establishing the service:

Done at , the

Signature or stamp (or both).

*Delete if inappropriate.

Form 80B amended by S.R. No. 69/2019 rule 5.

Form 80B—Summary of the document to be served

Rule 80.04

SUMMARY OF THE DOCUMENT TO BE SERVED

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965

(Article 5, fourth paragraph)

Identity and address of the addressee [ person to be served ]:

IMPORTANT

THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.

IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.

ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO:

SUMMARY OF THE DOCUMENT TO BE SERVED

Name and address of the forwarding authority:

Particulars of the parties:

**JUDICIAL DOCUMENT

Nature and purpose of the document:

Nature and purpose of the proceedings and, when appropriate, the amount in dispute:

Date and place for entering appearance:

Court in which proceedings pending/judgment given:

**Date of judgment (if applicable):

Time limits stated in the document:

Form 82A—Notice of application for suppression order

Rule 82.02

[ heading as in originating process ]

NOTICE OF APPLICATION FOR SUPPRESSION ORDER

To: The County Court of Victoria at [ appropriate email address ]

And to: [ identify other proposed recipients of the notice ]

[ Applicant ] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.

*The application is the subject of a summons filed on [ date ] returnable before [ identify relevant judicial officer ] in [ identify relevant court room ] at [ time ] on [ date ].

*The applicant proposes to make the application orally before [ identify relevant judicial officer ] in [ identify relevant court room ] at [ time ] on [ date ].

The application is for an order in the following terms:

[ Set out the proposed wording of the order to be sought ]

The applicant proposes to rely upon [ insert brief description of material to be relied upon ]

For further information, please contact:

[ Name of applicant or applicant's representative for enquiries ]

Tel: [ insert number ]

Mobile No.: [ insert number ]

Email:

*delete whichever is inapplicable.

Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order

Rule 83.02

[ heading as in originating process ]

APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

(Section 50 of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to a limited litigation restraint order [ identify the relevant order ], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.

In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to *make/*continue the following interlocutory application [ specify ];

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986 , as in force immediately before its repeal;

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [ insert date ]

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

*(c) for the applicant 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 ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order

Rule 83.03

*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

(Section 52(1) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to an extended litigation restraint order
[ identify the relevant order ], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [ identify the relevant proceeding ].

In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to continue *this proceeding/*a proceeding, namely [ identify relevant proceeding ];

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986 , as in force immediately before its repeal;

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order

Rule 83.03

IN THE COUNTY COURT 20 No.

OF VICTORIA

IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014 .

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

I, [ name ], a person subject to an extended litigation restraint order
[ identify the relevant order ], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.

In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to commence a proceeding, namely, [ set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties ];

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986 , as in force immediately before its repeal;

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order

Rule 83.04

*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

(Section 54 of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to a general litigation restraint order [ identify the relevant order ], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [ identify relevant proceeding ].

In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to continue *this proceeding/*a proceeding, namely [ identify relevant proceeding ];

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986 , as in force immediately before its repeal;

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order

Rule 83.04

IN THE COUNTY COURT 20 No.

OF VICTORIA

IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014 .

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1. leave to commence a proceeding, namely, [ set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties ];

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a) details of each application for leave to proceed made by the applicant;

(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986 , as in force immediately before its repeal;

(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83F—Notice of application for leave to proceed

Rule 83.05

[ heading as used in application for leave to proceed ]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

(Section 60 of the Vexatious Proceedings Act 2014 )

TO:

(a) the Attorney-General;

(b) [ name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately ].

TAKE NOTICE that [ name ] of [ address ], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [ describe the relief sought in the application ] .

Under section 60(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for leave to proceed be given to you.

This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.

You are entitled to make submissions in relation to the application.

Date:

Any Questions ?
If you have any questions, please contact the Registrar's Office at the County Court [ insert address ] Melbourne, Tel: [ insert telephone number ]
Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

Form 83G—Application for leave to apply to vary or revoke litigation restraint order

Rule 83.06

*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [ identify the relevant order ] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014 .

I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks leave to apply for—

*1. variation of the order in the following manner [ specify variation of order sought ];

*1. revocation of the order;

2. [ set out any other orders sought ].

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83H—Application to vary or revoke litigation restraint order

Rule 83.07

*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014 )

I, [ name ], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [ identify the relevant order ] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014 .

I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [ set out the grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

*1. variation of the order in the following manner
[ specify variation of order sought ];

*1. revocation of the order;

2. [ set out any other orders sought ].

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83I—Notice of application to vary or revoke litigation restraint order

Rule 83.08

[ heading as used in application for leave to vary or revoke litigation restraint order ]

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 67 of the Vexatious Proceedings Act 2014 )

TO:

(a) the Attorney-General;

(b) [ name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately ].

TAKE NOTICE that [ name ] of [ address ], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [ describe variation sought ]/*revoke the litigation restraint order .

Under section 67(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for *variation/*revocation be given to you.

This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.

You are entitled to make submissions in relation to the application for *variation/*revocation.

Date:

*delete if inapplicable

Sch. 1 substituted by S.R. Nos 106/2019 rule 5, 28/2021 rule 3, 158/2021 rule 11, 131/2022 rule 4, 130/2023 rule 7, 135/2024 rule 17.

Schedule 1—Circuit fees

Rule 1.13(1)

Circuit town

Fee for first day

Further fee for each subsequent day

Bairnsdale

$747.00

$496.00

Ballarat

$472.00

$320.00

Bendigo

$563.00

$374.00

Geelong

$403.00

$255.00

Hamilton

$773.00

$516.00

Horsham

$773.00

$516.00

Mildura

$946.00

$628.00

Morwell

$570.00

$374.00

Sale

$670.00

$444.00

Shepparton

$649.00

$436.00

Wangaratta

$712.00

$469.00

Warrnambool

$747.00

$496.00

Wodonga

$773.00

$516.00

Circuit town	Fee for first day	Further fee for each subsequent day
Bairnsdale	$747.00	$496.00
Ballarat	$472.00	$320.00
Bendigo	$563.00	$374.00
Geelong	$403.00	$255.00
Hamilton	$773.00	$516.00
Horsham	$773.00	$516.00
Mildura	$946.00	$628.00
Morwell	$570.00	$374.00
Sale	$670.00	$444.00
Shepparton	$649.00	$436.00
Wangaratta	$712.00	$469.00
Warrnambool	$747.00	$496.00
Wodonga	$773.00	$516.00

Sch. 2 substituted by S.R. No. 106/2019 rule 6, amended by S.R. Nos 28/2021 rule 4, 158/2021 rule 12, 131/2022 rule 5, 130/2023 rule 8, revoked by S.R. No. 135/2024 rule 18.

* * * * *

Schedule 3—Revoked Statutory Rules

Rule 1.03(2)

S.R. No

Title

148/2008

County Court Civil Procedure Rules 2008

7/2015

County Court (Chapter I Judicial Registrars Amendment) Rules 2015

34/2015

County Court (Chapter I Amendment No. 9) Rules 2015

129/2015

County Court (Chapter I Amendment No. 10) Rules 2015

162/2015

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2015

43/2016

County Court (Chapters I and II Miscellaneous Amendments) Rules 2016

144/2016

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2016

21/2017

County Court (Chapter I Amendment No. 11) Rules 2017

36/2017

County Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017

92/2017

County Court (Chapter I Email Service Amendment) Rules 2017

142/2017

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2017

143/2017

County Court (Chapters I and III Miscellaneous Amendments) Rules 2017

S.R. No	Title
148/2008	County Court Civil Procedure Rules 2008
7/2015	County Court (Chapter I Judicial Registrars Amendment) Rules 2015
34/2015	County Court (Chapter I Amendment No. 9) Rules 2015
129/2015	County Court (Chapter I Amendment No. 10) Rules 2015
162/2015	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2015
43/2016	County Court (Chapters I and II Miscellaneous Amendments) Rules 2016
144/2016	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2016
21/2017	County Court (Chapter I Amendment No. 11) Rules 2017
36/2017	County Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017
92/2017	County Court (Chapter I Email Service Amendment) Rules 2017
142/2017	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2017
143/2017	County Court (Chapters I and III Miscellaneous Amendments) Rules 2017

Dated: 22 October 2018

P. B. KIDD, Chief Judge

M. E. DEAN

J. A. SMALLWOOD

J. F. CARMODY

S. M. COHEN

R. H. SMITH

M. E. SEXTON

M. F. MACNAMARA

F. E. HOGAN

W. E. STUART

I. E. LAWSON

D. G. BROOKES

E. M. GAYNOR

P. J. COSGRAVE

P. J. COISH

G. F. MEREDITH

W. A. WILMOTH

R. W. DYER

F. MILLANE

C. M. QUIN

J. G. MORRISH

A. J. CHAMBERS

P. G. MISSO

A. J. TSALAMANDRIS

K. L. BOURKE

S. L. MARKS

P. M. E. WISCHUSEN

E .W. WOODWARD

P. G. LACAVA

D. TRAPNELL

F. R. GUCCIARDO

A. RYAN

P. M. TAFT

P. RIDDELL

F. SACCARDO

J. CONDON

G. P. MULLALY

M. FOX

K. E. KINGS

M. CAHILL

J. L. PARRISH

D. SEXTON

M. H. TINNEY

P. J. GINNANE

═════════════

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P. B. KIDD, Chief Judge	M. E. DEAN
J. A. SMALLWOOD	J. F. CARMODY
S. M. COHEN	R. H. SMITH
M. E. SEXTON	M. F. MACNAMARA
F. E. HOGAN	W. E. STUART
I. E. LAWSON	D. G. BROOKES
E. M. GAYNOR	P. J. COSGRAVE
P. J. COISH	G. F. MEREDITH
W. A. WILMOTH	R. W. DYER
F. MILLANE	C. M. QUIN
J. G. MORRISH	A. J. CHAMBERS
P. G. MISSO	A. J. TSALAMANDRIS
K. L. BOURKE	S. L. MARKS
P. M. E. WISCHUSEN	E .W. WOODWARD
P. G. LACAVA	D. TRAPNELL
F. R. GUCCIARDO	A. RYAN
P. M. TAFT	P. RIDDELL
F. SACCARDO	J. CONDON
G. P. MULLALY	M. FOX
K. E. KINGS	M. CAHILL
J. L. PARRISH	D. SEXTON
M. H. TINNEY	P. J. GINNANE