Victorian Consolidated Regulations

MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2020 - REG 6.02

    (1)     An application for the appointment of a nominal defendant under section 5A, 16 or 25E of the Act must be—

        (a)     made after the filing of a complaint;

        (b)     accompanied by an affidavit in support of the application;

        (c)     in Form 6A.

    (2)     The affidavit in support of the application must—

        (a)     state the reasons for the application;

        (b)     give details of any attempts to identify or find the employer or the employer's insurer;

        (c)     if the employer was a company which has been wound up, exhibit advice from the Australian Securities and Investment Commission that the company has been wound up;

        (d)     except where the application is to have the Authority named as the nominal defendant, exhibit the consent in writing of the person proposed for appointment as nominal defendant.

    (3)     If the Court makes an order for the appointment of a nominal defendant on an application under paragraph (1), unless the Court directs otherwise, the party obtaining the order must give notice of the appointment to all parties to the complaint and serve on the nominal defendant—

        (a)     a notice of the appointment in Form 6B;

        (b)     a copy of the application;

        (c)     a copy of the affidavit in support;

        (d)     notice of any hearing date subsequent to the appointment, fixed in the proceeding, if any;

        (e)     a copy (including any amended copies) of the complaint (if any) showing the nominal defendant as defendant and giving full particulars of the claim against the alleged employer in respect of whom the nominal defendant was appointed;

        (f)     where appropriate, particulars of the claim for contribution.