Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 68.04

Issue of warrant

Rule 68.04(1) amended by S.R. No. 102/2022 rule 22(1)(a).

    (1)     A warrant must not be issued unless the person requesting it to be issued—

        (a)     files with the registrar a form of the warrant;

        (b)     if the warrant is to enforce an order for the payment of money, files a request to issue a warrant which must state—

              (i)     the date of the order; and

              (ii)     the amount for which the order was made; and

Rule 68.04(1)(b)(iia) inserted by S.R. No. 102/2022 rule 22(1)(b).

        (iia)     whether the Act under which the order was made provides for enforcement by distress or does not specify the method of enforcement; and

              (iii)     the amount, including any interest accrued and any costs due and payable in respect of the order at the date of request with particulars stating how that amount is calculated or made up; and

              (iv)     the daily amount of interest, if any, which subject to any future payment under the order, will accrue after the date of request in respect of the amount of the order and costs; and

        (iva)     the name of the court or tribunal that made the order and, in the case where the order was made by a court (other than the Court) or by a tribunal, the date the order was registered in the Court; and

              (v)     particulars of any amounts paid on account or recovered under any previous warrant or other proceeding.

Rule 68.04(2) substituted by S.R. No. 102/2022 rule 22(2).

    (2)     A warrant referred to in paragraph (1) may be issued—

        (a)     by being sealed by the registrar with the seal of the Court; or

        (b)     by CMS with an electronic signature or seal.

    (3)     A warrant referred to in paragraph (1) must bear the date of its issue.



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