Victorian Consolidated Regulations Victorian Consolidated RegulationsSchedule
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
Notes*
1. You need not comply with this subpoena unless it is accompanied by—
(a) a copy of the order giving leave to serve the subpoena in New Zealand; and
(b) a notice in the prescribed form that—
(i) sets out your rights and obligations in relation to this subpoena; and
(ii) includes information about the way in which an application to have this subpoena set aside may be made.
Last day for service
2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.
Addressee a corporation
4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to—
(a) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
9A. The copy of a document may be—
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.
Banker's book
14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if inapplicable.
Form 7AC—Subpoena to give evidence and produce documents (New Zealand)
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
No. of 20
IN THE MAGISTRATES' COURT OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get legal advice as soon as possible.
Attached to this Notice is a subpoena.
The subpoena has been issued by the Magistrates' Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
This Notice—
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an application to have the subpoena set aside.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Your rights
1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ' Your obligations ').
3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the Magistrates' Court of Victoria that you be paid the additional amount you incurred.
4. You may apply to the Magistrates' Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached subpoena if—
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either—
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
(d) service of the subpoena complied with any other conditions specified in the order; and
(e) you are 18 years of age or older.
2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.
When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and—
(a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include—
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(b) compliance with the subpoena would cause you hardship or serious inconvenience;
(c) if the subpoena requires you to produce a document or thing and—
(i) that document or thing should not be taken out of New Zealand; and
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note: The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the Magistrates' Court of Victoria.
2. You may fax your application to that Court on fax number [ fax number of the Court ].
3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.
4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.
5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.
6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand.
7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used.
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
No. of 20
IN THE MAGISTRATES' COURT OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
TO: [ name and address ]
You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of
court and may result in your arrest and the imposition
of a fine under section
165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 16 at the end of this subpoena.
The last date for service of this subpoena is [ date ]. (See Note 2)
Dated: [ insert date ].
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena to give evidence
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Details of subpoena to produce documents
In so far as you are required by this subpoena to produce this subpoena or a copy of it and documents or things, you must comply with this subpoena—
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to—
(i) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. (See Notes 6–12)
Date, time and place at which you must attend to produce this subpoena or a copy of it and documents or things:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
Magistrates' Court of Victoria
[ address ]
Schedule
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
Notes:
1. You need not comply with this subpoena unless it is accompanied by—
(a) a copy of the order giving leave to serve this subpoena in New Zealand; and
(b) a notice in the prescribed form that—
(i) sets out your rights and obligations in relation to this subpoena; and
(ii) includes information about the way in which an application to have this subpoena set aside may be made.
Last day for service
2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.
Addressee a corporation
4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to—
(a) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that this subpoena requires you to produce.
9A. The copy of a document may be—
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.
Banker's book
14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if inapplicable.
Form 7AD—Certificate of non-compliance with subpoena (New Zealand)
CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA (NEW ZEALAND)
No. of 20
IN THE MAGISTRATES' COURT OF VICTORIA
AT
APPLICANT[S] [ Name of Applicant(s) ]
RESPONDENT[S] [ Name of Respondent(s) ]
TO THE HIGH COURT OF NEW ZEALAND
The Magistrates' Court of Victoria certifies that—
(a) the Court gave leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 of the Commonwealth on [ insert date of leave ]; and
(b) [ person named in subpoena ] has failed to comply with the subpoena.
A copy of the subpoena and a copy of the order giving leave to serve in New Zealand are annexed to this certificate.
*No application to set aside the subpoena either wholly or in part has been made.
OR
*An application to set aside the subpoena was dismissed by order made on [ insert date ]. A copy of this order is annexed to this certificate.
Date: [ insert date ]
Signed
*Delete if inapplicable.
Filed on behalf of [ name and role of party ]
Prepared by [ name of person/lawyer ]
Law firm [ if applicable ]
Tel Fax
Address for service
[ include State and postcode ]
Form 8A—Notice of defence
Rules 8.03(1), 10.04(7), 11.07(5)
NOTICE OF DEFENCE
TO THE PLAINTIFF
AND TO THE REGISTRAR OF THE MAGISTRATES' COURT AT
TAKE NOTICE that the defendant intends to defend this complaint.
AND TAKE NOTICE that the defendant's defence is as follows [ set out the defence of the defendant in paragraphs numbered consecutively with each fact or matter stated so far as practicable in a separate paragraph ].
1.
2. etc.
Notes
1. A defence—
(a) must state which of the facts in the statement of claim are admitted, denied or not admitted—see Rule 13.02(1); and
(b) if the proceeding is referred to arbitration, must state with particularity the date, place, circumstances, facts or other matters relied on in defence of the claim.
2. A defendant who in the defence does not state whether a fact stated in the statement of claim is admitted, denied, or not admitted, will be taken to admit the fact—see Rule 13.02(2).
3. A defendant who states that a fact stated in the statement of claim is denied must—
(a) give the reason for denying the fact; and
(b) if the defendant intends to prove a fact different from that stated in the statement of claim, state with necessary particulars the fact that the defendant intends to prove—see Rule 13.02(3).
4. Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not except in cross‑examination adduce any evidence with respect to that fact at the hearing of the proceeding—see Rule 13.02(4).
5. The defendant must state specifically with particulars any fact or matter which—
(a) makes the claim of the plaintiff not maintainable; or
(b) if not stated specifically, might take the plaintiff by surprise; or
(c) raises questions of fact not arising out of the statement of claim—see Rule 13.02(5).
6. If the defence arises by or under any Act, the defence must identify the specific provision relied on—see Rule 13.02(6).
FILED: [ insert date ].
* Defendant
[ signed ]
* Defendant's Australian lawyer
[ signed ]
1. This notice was signed —
* by the defendant in person;
* for the defendant corporation by [ name of person ] of [ address ] who holds the position of [ director, secretary or other person authorised in writing by the defendant corporation ];
* for the defendant by [ name or firm of Australian lawyer ], Australian lawyer(s), of [ business address of Australian lawyer ].
2. The address of the defendant is —
[ insert address ].
3. The address for service of the defendant is —
[* If the Service and Execution of Process Act 1992 of the Commonwealth applies ] The address for service of the defendant within Australia is [ insert address ].
[* If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies ] The address for service of the defendant in Australia or New Zealand is [ insert address ].
[* If neither of those Acts applies and the defendant appears in person ] The address for service of the defendant within Victoria is [ insert address of the defendant within Victoria, not being a post office box ].
[* If neither of those Acts applies and the defendant defends by an Australian lawyer ] The name or firm and the business address of the Australian lawyer of the defendant is [ insert name or firm and business address ].
[* If neither of those Acts applies and the Australian lawyer is an agent of another ] The name or firm and business address of the principal is [ insert name or firm and business address ].
4. The email address for service of the defendant is —
*Delete if inapplicable.
Form 10A amended by S.R. No. 102/2022 rule 24.
Rule 10.02(4) and 10.04(5)
COUNTERCLAIM
NAME AND ADDRESS of Australian lawyer for the defendant—
[ If no Australian lawyer ] Address for service of the defendant—
STATEMENT OF COUNTERCLAIM
[ Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.
If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the counterclaim arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim. ]
TO THE PLAINTIFF
TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.
IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within 21 days of service upon you of this counterclaim , to—
(a) the defendant; and
(b) the registrar of the Magistrates' Court of Victoria at [ insert proper venue ].
IF YOU GIVE NOTICE OF DEFENCE, the Court will write to you and tell you of the hearing date.
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.
1. The address of the defendant is—
[ insert address ].
2. The address for service of the defendant is—
[* If the Service and Execution of Process Act 1992 of the Commonwealth applies ] The address for service of the defendant within Australia is [ insert address ].
[* If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies ] The address for service of the defendant in Australia or New Zealand is [ insert address ].
[* If neither of those Acts applies and the defendant appears in person ] The address for service of the defendant within Victoria is [ insert address of the defendant within Victoria, not being a post office box ].
[* If neither of those Acts applies and the defendant defends by an Australian lawyer ] The name or firm and the business address of the Australian lawyer of the defendant is [ insert name or firm and business address ].
[* If neither of those Acts applies and the Australian lawyer is an agent of another ] The name or firm and business address of the principal is [ insert name or firm and business address ].
3. The email address of the defendant is—
[ insert email address ].
DATE OF FILING:
THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [ insert date ].
[ To be signed by the defendant or the defendant's Australian lawyer ]
Rule 10.02(5) and 10.04(6)
COUNTERCLAIM
( service outside Australia )
NAME AND ADDRESS of Australian lawyer for the defendant—
[ If no Australian lawyer ] Address for service of the defendant—
STATEMENT OF COUNTERCLAIM
[ Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.
If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the counterclaim arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim. ]
TO THE PLAINTIFF
TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.
IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within the proper time to give notice of defence , to—
(a) the defendant; and
(b) the registrar of the Magistrates' Court of Victoria at [ insert proper venue ].
IF YOU GIVE NOTICE OF DEFENCE THE ADDRESS FOR SERVICE OF THE DEFENDANT MUST BE IN VICTORIA ; and
THE COURT will write to you and tell you of the hearing date.
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN THE PROPER TIME TO GIVE NOTICE OF DEFENCE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.
* THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—
(a) where you are served with the counterclaim in Papua New Guinea, within 28 days after service;
(b) where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(c) where you are served with the counterclaim in any other place out of Australia, within 42 days after service.
DATE OF FILING:
THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [ insert date ].
[ To be signed by the defendant or the defendant's Australian lawyer ]
Form 11A amended by S.R. No. 102/2022 rule 25.
Form 11A—Third party notice
Rules 11.02, 11.15(4)
THIRD PARTY NOTICE
IN THE MAGISTRATES' COURT 20 No. OF VICTORIA
AT
BETWEEN A.B . Plaintiff
and
C.D. Defendant
and
E.F. Third Party
To E.F.
of [ address ]
If you need an interpreter to help you read this document contact details for most languages are listed at www.mcv.vic.gov.au.
TAKE NOTICE that—
(a) the plaintiff has brought this proceeding against the defendant for the claim set out in the complaint and statement of claim; and
(b) the defendant disputes the plaintiff's claim on the grounds set out in the defendant's Notice of Defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice.
IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE OF DEFENCE within the *proper time for giving Notice of Defence stated below.
NOTICE OF DEFENCE must be given in the proper form (Form 8A, 2 copies of which have been served with this Notice) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed.
YOU OR YOUR AUSTRALIAN LAWYER may file a Notice of Defence at the above venue of the Court.
IF YOU DO NOT give a Notice of Defence within the *proper time you will be taken to admit the validity of any final order (judgment) against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN A FINAL ORDER (JUDGMENT) AGAINST YOU without further notice.
* THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—
(a) where you are served with the notice in Victoria, within 21 days after service;
(b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the notice in Papua New Guinea, within 28 days after service;
(d) where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) where you are served with the notice in any other place, within 42 days after service.
The Court's registrars do NOT provide legal or financial advice but may provide some information to you about the actions and processes you must undertake in order to dispute the plaintiff's claim against the defendant, or the defendant's claim against you.
If before giving NOTICE OF DEFENCE , you wish to get FREE LEGAL or FINANCIAL ADVICE you may be able to do so from free legal advice services and free financial counselling services.
Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates' Court of Victoria's website at www.mcv.vic.gov.au.
Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you.
Payment of Judgment Debt by Instalments
IF YOU DO NOT defend this claim and do not reach agreement relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome.
The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments.
DATE OF FILING:
THIS THIRD PARTY NOTICE IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [ insert date ].
[ To be signed by the defendant or the defendant's Australian lawyer ]
Page 2
STATEMENT OF CLAIM
[ Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the third party including particulars of every fact or matter.
If the claim against the third party arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the claim against the third party arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this claim .]
Page 3
1. **This notice was filed—
(a) by the defendant in person;
(b) for the defendant by [ name of firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ];
(c) for the defendant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ] as agent for [ name or firm of principal Australian lawyer ], Australian lawyer, of [ business address of principal ].
2. The address of the defendant is—
3. The address for service of the defendant is—
4. The address of the third party is—
5. The email address of the third party is—
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Strike out this paragraph where order made fixing time for
giving notice of defence and substitute "THE PROPER TIME TO GIVE NOTICE
OF DEFENCE is within days after service on you of this
notice.]
** [Complete or strike out
as appropriate.]
Form 11B—Notice claiming contribution
NOTICE CLAIMING CONTRIBUTION
[ heading as in Form 5A ]
TO THE DEFENDANT
TAKE NOTICE that the plaintiff has brought this proceeding against the defendants to recover damages for loss sustained [ give brief statement of plaintiff's claim ].
AND TAKE NOTICE that the [ identify party ] claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover against that party in the proceeding [ where appropriate to the extent of such amount as may be found by the Court to be just and equitable, having regard to your responsibility for such damages on the ground that [ insert ground(s) ]].
FILED: [ insert date ].
Form 12A—Stakeholder's interpleader summons
STAKEHOLDER'S INTERPLEADER SUMMONS
[ heading as in Form 5A ]
To [ the claimants ]
of [ address ]
The claimant or claimants, [ name of claimant or claimants ] has claimed the goods [ or certain goods] [ if only certain goods are claimed, list them ] [ or the proceeds of sale of [ goods ]] that are property in dispute in this proceeding.
TAKE NOTICE that the Court will hear the claim at [ time ] on [ date ].
Dated: [ insert date ].
Form 12B—Notice of claim to goods taken in execution
NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION
[ heading as in Form 5A ]
To the [ execution creditor ]
of [ address ]
TAKE NOTICE that A . B . has claimed the goods [ or certain goods] [ where only certain goods are claimed here enumerate them ] taken in execution by the sheriff under the warrant of execution issued in this proceeding.
WITHIN 5 days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of A . B . to the goods.
IF you do not within the period of 5 days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of 5 days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given.
Dated: [ insert date ].
Form 12C—Sheriff's interpleader summons
SHERIFF'S INTERPLEADER SUMMONS
[ heading as in Form 5A ]
To [ execution creditor ]
of [ address ]
and
To the [ claimant ]
of [ address ]
The claimant, [ name of claimant ] has claimed the goods [ or certain goods] [ if only certain goods are claimed, list them ] [ or the proceeds of sale of [ goods ]] taken in execution by [ person to whom warrant was directed ] under the warrant to seize property in this proceeding.
TAKE NOTICE that the Court will hear the claim at [ time ] on [ date ].
Dated: [ insert date ].
Form 15A—Order approving compromise of claim of person under a disability
ORDER APPROVING COMPROMISE OF CLAIM OF PERSON UNDER A DISABILITY
[ heading as in Form 5A ]
MAGISTRATE:
DATE MADE:
HOW OBTAINED:
[ state whether on application by summons before hearing with date of summons, or at hearing with date of commencement of hearing ]
ATTENDANCE:
OTHER MATTERS:
1. The plaintiff was born on [ insert date of birth ].
2. By a compromise entered into on [ insert date ] the defendant proposes to pay and the plaintiff desires to accept $ for the benefit of the plaintiff and the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceeding.
3. The Court read the following material:
(a) [ identify affidavits by date and name of deponent ];
(b) the exhibits to the affidavits including the opinion of
of
Counsel dated [ insert date ].
4. The defendant consents to the proposed compromise.
THE COURT ORDERS THAT:
1. [ where order is made by a Magistrate ] There be special leave for the application to be made to a Magistrate.
2. The compromise be approved.
3. The defendant within [ insert number of days ] days after service of a copy of this order on the defendant's Australian lawyers pay $ to the Senior Master of the Supreme Court for the benefit of the plaintiff [where appropriate and $ to the Australian lawyers for the plaintiff, to be disbursed or retained by them in payment of the items totalling $ referred to in the affidavit of dated [insert date ]].
4. The costs of the plaintiff, including the costs of this application, be taxed, and when taxed, paid by the defendant.
5. Subject to any further order, the Senior Master of the Supreme Court invest $ for the plaintiff to be paid out with the interest accrued thereon to the plaintiff upon his or her attaining the age of 18 years.
6. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed.
7. Each party have liberty to apply.
8. The exhibits to the affidavits [ where appropriate and a transcript of the evidence with respect to the application] be transmitted to the Senior Master's clerk.
DATE AUTHENTICATED:
Form 19A—Notice of a constitutional matter
NOTICE OF A CONSTITUTIONAL MATTER
[ heading as in Form 5A ]
1. The [ party whose case raises the matter ] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth.
2. [ State specifically the nature of the matter ].
3. [ State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies ].
Dated: [ insert date ].
[ Signed ]
To the registrar
And to
Form 21A—Application for order in default of defence
APPLICATION FOR ORDER IN DEFAULT OF DEFENCE
[ heading as in Form 5A ]
Nature of complaint [ state shortly ]
1. The plaintiff applies for an order for the claim with interest to the date of the order and costs shown below.
2. The defendant has not given notice of defence to the plaintiff.
3. An affidavit/declaration of service of the complaint has been filed.
4. Details of the order sought are:
CLAIM
|
$ | | |
|
Less amounts paid since claim |
$ | |
| |
$ | |
INTEREST
|
Date of issue of complaint: | | |
|
to , days @ % |
$ | |
|
to , days @ % |
$ | |
| |
$ | |
[ Attach schedule where necessary ]
COSTS
|
Professional costs |
$ | |
|
Fee on complaint |
$ | |
|
Fee on this application |
$ | |
|
Service fee |
$ | |
|
Attempted service fee(s)—total |
$ | |
|
Distance fee |
$ | |
|
Search fee |
$ | |
|
Necessary affidavit(s) [ specify ] |
$ | |
|
Other(s) [ specify ] |
$ | |
|
Subtotal |
$ | |
|
Less any costs paid |
$ | |
| |
$ | |
Dated: [ insert date ].
[ plaintiff or plaintiff's Australian lawyer ]
Form 21B—Application for an order for costs
APPLICATION FOR AN ORDER FOR COSTS
[ heading as in Form 5A ]
Nature of complaint [ state shortly ]
1. The defendant applies for an order for costs against the plaintiff.
2. The complaint was dismissed on [ insert date or date of noncompliance ].
3. Details of the order sought are:
COSTS
|
Instructions to defend |
$ |
|
Fee on this application |
$ |
|
Necessary affidavit(s) [ specify ] |
$ |
|
Other(s) [ specify ] |
$ |
Dated: [ insert date ].
[ defendant or defendant's Australian lawyer ]
Form 22A—Summons for application for summary judgment by plaintiff
SUMMONS FOR APPLICATION FOR SUMMARY JUDGMENT BY PLAINTIFF
(Section 61 of the Civil Procedure Act 2010 )
[ heading as in Form 5A ]
To: [ insert name of the defendant ].
You are summoned to attend before the Court on the hearing of an application by the plaintiff for summary judgment in the proceeding.
Nature of complaint [ state shortly ]
1. The plaintiff applies for summary judgment of the claim with interest to the date of the judgment and costs on the grounds set out in the accompanying affidavit(s).
2. UNLESS you satisfy the Court, by affidavit or otherwise, that you have a real prospect of success of defending the claim or part of the claim, or disclose facts deemed by the Court sufficient to entitle you to defend the claim, or part of the claim, the Court may give judgment in favour of the plaintiff for the amount of the claim, or part of the claim.
3. The application will be heard in the Magistrates' Court of Victoria at 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 , Australian lawyer for the [ identify party ].
Form 22B—Summons for application for summary judgment by defendant
SUMMONS FOR APPLICATION FOR SUMMARY JUDGMENT BY DEFENDANT
(Section 62 of the Civil Procedure Act 2010 )
[ heading as in Form 5A ]
To: [ insert name of the plaintiff ].
You are summoned to attend before the Court on the hearing of an application by the defendant for summary judgment in the proceeding.
1. The defendant applies for summary judgment in the proceeding and costs [* on the grounds set out in the accompanying affidavit(s) ].
2. UNLESS you satisfy the Court, by affidavit or otherwise, that your claim, or part of your claim, has a real prospect of success, or disclose facts deemed by the Court sufficient to entitle you to make your claim, or part of your claim, the Court may give judgment in favour of the defendant.
3. The application will be heard in the Magistrates' Court of Victoria at 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 , Australian lawyer for the [ identify party ].
*Delete if inapplicable.
Form 28A revoked by S.R. No. 102/2022 rule 26.
* * * * *
Form 29A—Notice for discovery
NOTICE FOR DISCOVERY
[ heading as in Form 5A ]
To the [ identify party ]
You are required to make discovery of documents within 28 days after service of this notice on you.
Dated: [ insert date ].
[ Signed ]
Form 29B—Affidavit of documents
AFFIDAVIT OF DOCUMENTS
[ heading as in Form 5A ]
I, the abovenamed [ insert name ], *make oath/*affirm and say as follows:
1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered.
2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground—
(a) as to documents numbered 4 to 6, that [ state the ground ];
(b) as to document numbered 7, that [ state the ground ].
3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered.
4. Document numbered [ e.g. 8 ], referred to in Schedule 2, was last in my possession, custody or power on [ state when ] and I believe that [ state belief as to what has become of it ].
5. To the best of my knowledge, information and belief neither I nor my Australian lawyer nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2.
*6. In making a reasonable search as required by Rule 29.01.1 of the Magistrates' Court General Civil Procedure Rules 2020, I did not search for the following category or class of document [ specify which category or class of document for which no search was made ].
*7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [ specify reason ].
[ Describe each document in the Schedules as original or copy .]
SCHEDULE 1
Part 1
1.
2.
3.
Part 2
4.
5.
6.
7.
SCHEDULE 2
8.
*Sworn/*Affirm, etc.
*Delete if inapplicable.
Rules 29.09(3), 29.10(5)
NOTICE TO PRODUCE
[ heading as in Form 5A ]
To the [ identify party ]
TAKE NOTICE that the [ identify party ] requires you to produce for that party's inspection the following documents referred to in your [complaint, pleading, particulars, affidavit, etc .] [ describe documents required ].
Dated [ insert date ].
[ Signed ]
Form 29D—Notice of default in making discovery of documents
NOTICE OF DEFAULT IN MAKING DISCOVERY OF DOCUMENTS
[ heading as in Form 5A ]
To the [ identify party ]
YOU have failed to make discovery of documents to the [ identify party ] within the time limited by the Rules [ or fixed by order of the Court made on [ insert date ]].
TAKE NOTICE that unless you make discovery of documents to the [ identify party ] within 14 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [ or the defendant will apply to the Court for an order that the proceeding be dismissed].
Dated [ insert date ].
[ Signed ]
Form 30A—Notice of default in answering interrogatories
NOTICE OF DEFAULT IN ANSWERING INTERROGATORIES
[ heading as in Form 5A ]
To the [ identify party ]
YOU have failed to answer interrogatories served by the [ identify party ] for your examination within the time limited by the Rules [ or fixed by order of the Court made on [ insert date ]].
TAKE NOTICE that unless you answer the interrogatories within 14 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [ or the defendant will apply to the Court for an order that the proceeding be dismissed].
Dated: [ insert date ].
[ Signed ]
Rules 35.03(4), 35.05(4)
NOTICE TO ADMIT
[ heading as in Form 5A ]
To the [ identify party ]
TAKE NOTICE that if you do not, within [ specify a number not less than 14 ] days after service of this notice upon you, serve a notice upon the [ identify party ] disputing any fact specified [ or the authenticity of any document mentioned] below, that fact [ or the authenticity of that document] must, for the purpose of this proceeding only, be taken to be admitted by you in favour of the [ insert party ]. If you do serve a notice disputing that fact [ or the authenticity of that document], and afterwards that fact [ or the authenticity of that document] is proved, you must pay the costs of proof, unless the Court otherwise orders.
1.
2. [specify each fact ]
or
1. [mention each document ]
2.
Dated: [ insert date ].
[ Signed ]
Rules 35.03(4), 35.05(4)
NOTICE OF DISPUTE
[ heading as in Form 5A ]
To the [ identify party ]
The [ identify party ] disputes the following facts specified in the [ insert party ]'s notice dated [ insert date of notice ].
1.
[ identify each fact ]
2.
or
The [ identify party ] disputes the authenticity of the following documents mentioned in the [ identify party ]'s notice dated [ insert date of notice ].
1.
[ identify each document ]
2.
Dated: [ insert date ].
[ Signed ]
Form 37AA—Freezing order
FREEZING ORDER
[ title of proceeding ]
PENAL NOTICE
TO: [ name of person against whom the order is made ]
IF YOU:
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,
YOU WILL BE LIABLE TO IMPRISONMENT, OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: [ name of person against whom the order is made ]
This is a freezing order made against you on [ insert date ] by Magistrate [ insert name of Magistrate ] at a hearing without notice to you after the Court has been given the undertakings set out in Schedule A to this order and after the Court has read the affidavits listed in Schedule B to this order 1 .
The applicant has given to the Court the undertakings set out in Schedule A to this order.
INTRODUCTION
1. (a) The application for this order is made returnable immediately.
(b) The time for service of [ describe documents required to be served ] is abridged and service is to be effected by [ insert time and date ] 2 .
2. Subject to the next paragraph, this order has effect up to and including [ insert date ] ( the return date ). On the return date there will be a further hearing in respect of this order at [ insert time ] a.m./p.m. before Magistrate [ insert name of Magistrate ] 3 .
3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
4. In this order—
(a) "applicant", if there is more than one applicant, includes all the applicants;
(b) "you", where there is more than one of you, includes all of you and includes you if you are a corporation;
(c) "third party" means a person other than you and the applicant;
(d) "unencumbered value" means value free of mortgages, charges, liens or other encumbrances.
5. (a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.
(b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.
FREEZING OF ASSETS
[ For order limited to assets in Australia ]
6. (a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets which are in Australia ( Australian assets ) up to the unencumbered value of AUD$ ( the relevant amount ).
(b) If the unencumbered value of your Australian assets exceeds the relevant amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the relevant amount.
[ If the Court makes a world wide order, the following additional paragraph (c) also applies ]
(c) If the unencumbered value of your Australian assets is less than the relevant amount, and you have assets outside Australia ( ex‑Australian assets )—
(i) you must not dispose of, deal with or diminish the value of any of your Australian assets and ex‑Australian assets up to the unencumbered value of your Australian and ex‑Australian assets of the relevant amount; and
(ii) you may dispose of, deal with or diminish the value of any of your ex‑Australian assets, so long as the unencumbered value of your Australian assets and ex‑Australian assets still exceeds the relevant amount.
[ For either form of order ]
7. For the purposes of this order—
(a) your assets include—
(i) all your assets, whether or not they are in your name and whether they are solely or co‑owned; and
(ii) any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and
(iii) the following assets in particular—
(A) the property known as [ title/address ] or, if it has been sold, the net proceeds of the sale;
(B) the assets of your business [known as [ name ]] [carried on at [ address ]] or, if any or all of the assets have been sold, the proceeds of the sale; and
(C) any money in account [ numbered account number ] [ in the name of [ insert name ]] at [ name of bank and name and address of branch ];
(b) the value of your assets is the value of the interest you have individually in your assets.
PROVISION OF INFORMATION 4
8. Subject to paragraph 9, you must—
(a) at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in [ Australia ] [ world wide ], giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;
(b) within [ insert number of days ] working days after being served with this order, swear or affirm and serve on the applicant an affidavit setting out the above information.
9. (a) This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph 9 also applies if you are a corporation and all persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must—
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
EXCEPTIONS TO THIS ORDER
10. This order does not prohibit you from—
(a) paying [ up to $.................. a week/day on ] [ your ordinary ] living expenses;
(b) paying [ $.....................on ] [ your reasonable ] legal expenses;
(c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred;
(d) in relation to matters not falling within subparagraphs (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least 2 working days written notice of the particulars of the obligation.
11. You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may thereafter order that the exceptions are varied accordingly.
12. (a) The order will cease to have effect if you—
(i) pay the sum of $........... into Court; or
(ii) pay that sum into a joint bank account in the name of your Australian lawyer and the Australian lawyer for the applicant as agreed in writing between them; or
(iii) provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.
(b) Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.
(c) If this order ceases to have effect pursuant to subparagraph (a), you must as soon as practicable file with the Court and serve on the applicant notice of that fact.
COSTS
13. The costs of this application are reserved.
PERSONS OTHER THAN THE APPLICANT AND RESPONDENT
14. Set off by banks
This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.
15. Bank withdrawals by the respondent
No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.
[ For world wide order ]
16. Persons outside Australia
(a) Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.
(b) The terms of this order will affect the following persons outside Australia—
(i) you and your directors, officers, employees and agents (except banks and financial institutions);
(ii) any person (including a bank or financial institution) who—
(A) is subject to the jurisdiction of this Court;
(B) has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and
(C) is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and
(iii) any other person (including a bank or financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.
[ For world wide order ]
17. Assets located outside Australia
Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.
SCHEDULE A—UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
(1) The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.
(2) As soon as practicable, the applicant will—
(a) file a copy of this order and [ describe documents required to be filed ]; and
(b) serve on the respondent copies of this order and [ describe documents required to be served ].
(3) As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.
(4) The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.
(5) If this order ceases to have effect 5 the applicant will promptly take all reasonable steps to inform in writing anyone to whom the applicant has given notice of this order, or who the applicant has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
(6) The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.
(7) The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.
[(8) The applicant will—
(a) on or before [ date ] cause an irrevocable undertaking to pay in the sum of $[ insert amount ] to be issued by a bank with a place of business within Australia, in respect of any order the court may make pursuant to undertaking (1) above; and
(b) immediately upon issue of the undertaking, cause a copy of it to be served on the respondent.] 6
SCHEDULE B 7
AFFIDAVITS RELIED ON
|
Name of Deponent of Affidavit |
Date Affidavit Made |
| | |
| | |
| | |
NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES
The applicant's legal representatives are—
[ Name, address, reference, fax and telephone numbers both in and out of office hours and email ]
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 The words “without notice to you” and “after the Court has read the affidavits listed in Schedule B to this order” are appropriate only in the case of an order without notice.
2 Paragraph 1 is appropriate only in the case of an order without notice.
3 Paragraph 2 is appropriate only in the case of an order without notice.
4 See Practice Note paragraphs 13 and 14.
5 For example, if the respondent pays money into Court or provides security, as provided for in paragraph 12 of the Order.
6 See Practice Note paragraph 17.
7 Schedule B is appropriate only in the case of an order without notice.
Form 37BA—Search order
SEARCH ORDER
[ title of proceeding ]
PENAL NOTICE
TO: [ name of person against whom the order is made ]
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THE ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,
YOU WILL BE LIABLE TO IMPRISONMENT, OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: [ name of person against whom the order is made ]
This is a search order made against you on [ insert date ] by Magistrate [ insert name of Magistrate ] at a hearing without notice to you after the applicant has given to the Court the undertakings set out in Schedule B to this order and after the Court has read the affidavits listed in Schedule C to this order.
The applicant has given to the Court the applicant's undertakings set out in Schedule B to this order.
The applicant's Australian lawyer has given to the Court the applicant's Australian lawyer's undertakings set out in Schedule B to this order.
Each independent Australian lawyer has given to the Court the independent Australian lawyer's undertakings set out in Schedule B to this order.
Each independent computer expert has given to the Court the independent computer expert's undertakings set out in Schedule B to this order.
INTRODUCTION
1. (a) The application for this order is made returnable immediately.
(b) The time for service of [ describe documents required to be served ] is abridged and service is to be effected by [ insert time and date ].
2. Subject to the next paragraph, this order has effect up to and including [ insert date ] ( "the return date" ). On the return date at [ insert time ] a.m./p.m. there will be a further hearing in respect of this order before Magistrate [ insert name of Magistrate ].
3. You may apply to the Court at any time to vary or discharge this order.
4. This order may be served only between [ insert time ] a.m./p.m. and [ insert time ] a.m./p.m. [on a business day] 1 .
5. In this order—
(a) "applicant" means the person who applied for this search order, and if there is more than one applicant, includes all the applicants;
(b) "independent computer expert" means the person (if any) identified as the independent computer expert in the search party referred to in Schedule A to this order;
(c) "independent Australian lawyer" means the person identified as the independent Australian lawyer in the search party referred to in Schedule A to this order;
(d) "listed thing" means the things referred to in Schedule A to this order;
(e) "premises" means the premises and any of the premises identified in Schedule A to this order including any vehicles and vessels that are under the respondent's control on or about those premises or that are otherwise identified in Schedule A;
(f) "search party" means the persons identified or described as constituting the search party in Schedule A to this order;
(g) "thing" includes document;
(h) "you", where there is more than one of you, includes all of you and includes you if you are a corporation;
(i) any requirement that something must be done in your presence means—
(i) in the presence of you or of one of the persons described in paragraph 6 below; or
(ii) if there is more than one of you, in the presence of each of you or, in relation to each of you, in the presence of one of the persons described in paragraph 6 below.
6. This order must be complied with by you by—
(a) yourself;
(b) any director, officer, partner and responsible employee or agent of yourself; or
(c) any other person having responsible control of the premises.
7. This order must be served by, and be executed under the supervision of, the independent Australian lawyer.
ENTRY AND SEARCH
8. Subject to paragraphs 10 to 19 below, upon service of this order you must permit members of the search party to enter the premises so that they can carry out the search and other activities referred to in this order.
9. Having permitted members of the search party to enter the premises, you must—
(a) permit them to leave and re-enter the premises on the same and the following day until the search and other activities referred to in this order are complete;
(b) permit them to search for and inspect the listed things and to make or obtain a copy, photograph, film, sample, test or other record of the listed things;
(c) disclose to them the whereabouts of all the listed things in the respondent's possession, custody or power, whether at the premises or otherwise;
(d) disclose to them the whereabouts of all computers, computer disks and electronic information storage devices or systems at the premises in which any documents among the listed things are or may be stored, located or recorded and cause and permit those documents to be printed out;
(e) do all things necessary to enable them to access the listed things, including opening or providing keys to locks and enabling them to access and operate computers and providing them with all necessary passwords;
(f) permit the independent Australian lawyer to remove from the premises into the independent Australian lawyer's custody—
(i) the listed things or things which reasonably appear to the independent Australian lawyer to be the listed things and any things the subject of dispute as to whether they are listed things;
(ii) the copies, photographs, films, samples, tests, other records and printed out documents referred to above; and
(g) permit the independent computer expert (if there is one) to search any computer and make a copy or digital copy of any computer hard drive and permit the independent computer expert (if any) or the independent Australian lawyer to remove any computer hard drive and computer from the premises as set out in paragraphs 20 and 21 below.
RESTRICTIONS ON ENTRY, SEARCH AND REMOVAL
10. This order must not be executed at the same time as the execution by the police or other proper authority of a search warrant.
11. You are not required to permit anyone to enter the premises until—
(a) the independent Australian lawyer serves you with copies of this order and the documents referred to in Schedule C (confidential exhibits, if any, need not be served until further order of the Court); and
(b) you are entitled to read this order and to have the independent Australian lawyer explain the terms of this order to you.
12. Before permitting entry to the premises by anyone other than the independent Australian lawyer, you, for a time (not to exceed 2 hours from the time of service or such longer period as the independent Australian lawyer may permit)—
(a) may seek legal advice;
(b) may ask the Court to vary or discharge this order;
(c) (provided you are not a corporation) may gather together any things which you believe may tend to incriminate you or make you liable to a civil penalty and hand them to the independent Australian lawyer in (if you wish) a sealed envelope or container; and
(d) may gather together any documents passing between you and your lawyers for the purpose of obtaining legal advice or otherwise subject to legal professional privilege or client legal privilege, and hand them to the independent Australian lawyer in (if you wish) a sealed envelope or container.
13. Subject to paragraph 22 below, the independent Australian lawyer must not inspect or permit to be inspected by anyone, including the applicant and the applicant's Australian lawyers, any thing handed to the independent Australian lawyer in accordance with paragraphs 12(c) and (d) above and the independent Australian lawyer must deliver it to the Court at or prior to the hearing on the return date.
14. During any period referred to in paragraph 12 above, you must—
(a) inform and keep the independent Australian lawyer informed of the steps being taken;
(b) permit the independent Australian lawyer to enter the premises but not to start the search;
(c) not disturb or remove any listed things; and
(d) comply with the terms of paragraphs 25 and 26 below.
15. Any thing the subject of a dispute as to whether it is a listed thing must promptly be handed by you to the independent Australian lawyer for safekeeping pending resolution of the dispute or further order of the Court.
16. Before removing any listed thing from the premises (other than the things referred to in the immediately preceding paragraph), the independent Australian lawyer must supply a list of them to you, give you a reasonable time to check the correctness of the list, and give you and the applicant's Australian lawyers a copy of the list signed by the independent Australian lawyer.
17. The premises must not be searched, and things must not be removed from the premises, except in the presence of you or of a person who appears to the independent Australian lawyer to be your director, officer, partner or employee, agent or other person acting on your behalf or on your instructions.
18. If the independent Australian lawyer is satisfied that full compliance with the immediately preceding paragraph is not reasonably practicable, the independent Australian lawyer may permit the search to proceed and the listed things to be removed without full compliance.
19. The applicant's Australian lawyers and the independent Australian lawyer must not allow the applicant in person to inspect or have copies of any thing removed from the premises nor communicate to the applicant information about their contents or about anything observed at the premises until 4.30 p.m. on the return date or other time fixed by further order of the Court.
COMPUTERS
20. (a) If it is expected that a computer will be searched, the search party must include a computer expert who is independent of the applicant and of the applicant's Australian lawyers ( the independent computer expert ).
(b) Any search of a computer must be carried out only by the independent computer expert.
(c) The independent computer expert may make a copy or digital copy of the computer hard drive and remove that copy or digital copy from the premises.
(d) The independent computer expert may search the computer or the copy or digital copy of the computer hard drive at the premises or away from the premises or both for listed things and may copy the listed things electronically or in hard copy or both.
(e) The independent computer expert must as soon as practicable and, in any event, prior to the hearing on the return date, deliver the copy or digital copy of the computer hard drive and all electronic and hard copies of listed things to the independent Australian lawyer, together with a report of what the independent computer expert has done including a list of such electronic and hard copies.
(f) The independent Australian lawyer must, at or prior to the hearing on the return date, deliver to the Court all things received from the independent computer expert and serve a copy of the latter's report on the parties.
(g) If no independent computer expert has been appointed, but the independent Australian lawyer considers it necessary to remove a computer from the premises for safekeeping or for the purpose of copying its contents electronically and printing out information in documentary form, the independent Australian lawyer may remove the computer from the premises for that purpose and cause that purpose to be achieved.
21. (a) This paragraph 21 applies if you are not a corporation and you wish to object to complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that you—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph 21 also applies if you are a corporation and all persons who are able to comply with paragraph 20 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must—
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
INSPECTION
22. Prior to the return date, you or your Australian lawyer or representative shall be entitled, in the presence of the independent Australian lawyer, to inspect any thing removed from the premises and to—
(a) make copies of the same; and
(b) provide the independent Australian lawyer with a signed list of things which are claimed to be privileged or confidential and which you claim ought not to be inspected by the applicant.
PROVISION OF INFORMATION
23. Subject to paragraph 24 below you must—
(a) at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing as to—
(i) the location of the listed things;
(ii) the name and address of everyone who has supplied you, or offered to supply you, with any listed thing;
(iii) the name and address of every person to whom you have supplied, or offered to supply, any listed thing; and
(iv) details of the dates and quantities of every such supply and offer; and
(b) within [ insert number of days ] working days after being served with this order, swear or affirm and serve on the applicant an affidavit setting out the above information.
24. (a) This paragraph 24 applies if you are not a corporation and you wish to object to complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that you—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph 24 also applies if you are a corporation and all persons who are able to comply with paragraph 23 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must—
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
PROHIBITED ACTS
25. Except for the sole purpose of obtaining legal advice, you must not, until 4.30 p.m. on the return date, directly or indirectly inform any person of this proceeding or of the contents of this order, or tell any person that a proceeding has been or may be brought against you by the applicant.
26. Until 4.30 p.m. on the return date you must not destroy, tamper with, cancel or part with possession, power, custody or control of the listed things otherwise than in accordance with the terms of this order or further order of the Court.
COSTS
27. The costs of this application are reserved.
SCHEDULE A
The premises located at [ insert address or addresses ] including any vehicle or vessel or vehicles or vessels under the respondent's control on or about those premises.
Listed things
1.
2.
3.
Search party
1. The independent Australian lawyer: [ insert name and address ]
2. The applicant's Australian lawyer or Australian lawyers:
(a) [ insert name and address ] [or description e.g. a partner or employed Australian lawyer] of [ name of firm ];
(b) [ insert name and address ] [or description e.g. a partner or employed Australian lawyer] of [ name of firm ];
(c) [ insert name and address ] [or description e.g. a partner or employed Australian lawyer] of [ name of firm ].
3. Other members of the search party:
(a) [ insert name and address ] in the capacity of [ e.g. an independent computer expert ];
(b) [ insert name and address ] in the capacity of [ insert capacity ].
SCHEDULE B—UNDERTAKINGS GIVEN TO THE COURT
Undertakings given to the Court by the applicant:
(1) The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.
(2) The applicant will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
(3) The applicant will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
(4) If the applicant has not already done so, as soon as practicable the applicant will file a copy of this order and [ describe documents required to be filed ].
[(5) The applicant will insure the things removed from the premises against loss or damage for an amount that reasonably appears to the applicant to be their full value.] 2
[(6) The applicant will—
(a) on or before [ insert date ] cause a written irrevocable undertaking to pay in the sum of $[ insert amount ] to be issued from a bank with a place of business within Australia, in respect of any order the Court may make referred to in the undertaking as to damages referred to in undertaking (1) above; and
(b) immediately upon issue of the irrevocable undertaking to pay, cause a copy of it to be served on the respondent.] 3
Undertakings given to the Court by the applicant's Australian lawyer:
(1) The applicant's Australian lawyer will pay the reasonable costs and disbursements of the independent Australian lawyer and of any independent computer expert.
(2) The applicant's Australian lawyer will provide to the independent Australian lawyer for service on the respondent copies of this order and the documents which are listed in Schedule C.
(3) The applicant's Australian lawyer will answer at once to the best of their ability any question as to whether a particular thing is a listed thing.
(4) The applicant's Australian lawyer will use their best endeavours to act in conformity with the order and to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent.
(5) The applicant's Australian lawyer will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
(6) The applicant's Australian lawyer will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
(7) The applicant's Australian lawyer will not disclose to the applicant any information that the Australian lawyer acquires during or as a result of execution of the search order, without leave of the Court.
(8) The applicant's Australian lawyer will use their best endeavours to follow all directions of the independent Australian lawyer.
Undertakings given to the Court by the independent Australian lawyer:
(1) The independent Australian lawyer will use his or her best endeavours to serve the respondent with this order and the other documents referred to in undertaking (2) of the above undertakings by the applicant's Australian lawyer or Australian lawyers.
(2) Before entering the premises, the independent Australian lawyer will—
(a) offer to explain the terms of the search order to the person served with the order and, if the offer is accepted, do so;
(b) inform the respondent of the respondent's right to take legal advice.
(3) Subject to undertaking (4) below, the independent Australian lawyer will retain custody of all things removed from the premises by the independent Australian lawyer pursuant to this order until delivery to the Court or further order of the Court.
(4) At or before the hearing on the return date, the independent Australian lawyer will provide a written report on the carrying out of the order to the Court and provide a copy to the applicant's Australian lawyers and to the respondent or the respondent's Australian lawyers. The report will attach a copy of any list made pursuant to the order and a copy of any report received from an independent computer expert.
(5) The independent Australian lawyer will use their best endeavours—
(a) to ensure that members of the search party act in conformity with the order; and
(b) to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent; and
(c) to give such reasonable directions to other members of the search party as are necessary or convenient for the execution of the order.
(6) The independent Australian lawyer will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
(7) The independent Australian lawyer will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
Undertakings given to the Court by the independent computer expert:
(1) The independent computer expert will use their best endeavours to act in conformity with the order and to ensure that the order, so far as it concerns the independent computer expert, is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent.
(2) The independent computer expert will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding.
(3) The independent computer expert will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date.
(4) The independent computer expert will use his or her best endeavours to follow all directions of the independent Australian lawyer.
SCHEDULE C—DOCUMENTS THAT MUST BE SERVED WITH THIS ORDER
The following affidavits and exhibits to them:
|
|
Date affidavit was made |
|
|
(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 application (draft application) produced to the Court:
The complaint (draft complaint) produced to the Court:
NAME AND ADDRESS OF APPLICANT'S AUSTRALIAN LAWYERS
The applicant's Australian lawyers are: [ insert name, address, reference, fax and telephone numbers both in and out of office hours and email ].
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 41AA—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958
NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
[ heading as in Form 5A ]
PART 1—PARTICULARS OF APPLICATION
I, [ name of applicant ]
of [ address of applicant or firm of Australian lawyer for applicant ]
hereby request an *audiovisual/*audio link in accordance with the following details—
1. *Audiovisual/*Audio link—
From [ originating city/town ]
To [ receiving city/town ]
2. Type of hearing—[ e.g. Practice Court Hearing]
3. Number of persons to appear before, or give evidence by *audiovisual/*audio link—
4. Suggested time (if any) for link—
5. Estimate of duration of link—
6. Grounds on which this application is made—
7. Is this application being made with the consent of the parties to the proceeding?—
8. If the answer to question 7 is No, what parties have not given consent?—
9. If a hearing date has been fixed, what is the date of the
hearing?—
I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.
Date: [ insert date ]
[ Signature ]
*strike out as appropriate.
The Court may determine the application for an order without a hearing unless the applicant or a party objects.
PART 2—PARTICULARS OF HEARING
(to be completed by the registrar)
The application may be made before a Magistrate by audio link or audiovisual link.
The application will be heard before a Magistrate at the Magistrates' Court of Victoria at on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
FILED [ insert date ].
Form 42A—Subpoena to attend to give evidence
SUBPOENA TO ATTEND TO GIVE EVIDENCE
[ heading as in Form 5A ]
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 ]
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
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.
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 section 134 of the Magistrates' Court Act 1989 .
[ heading as in Form 5A ]
To [ name ]
of [ address ]:
YOU ARE ORDERED to attend to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents: 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 . Also, you must 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:
[ Seal of the Court ]
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents 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 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 2 clear business days before the date specified for attendance and production. (See Notes 4 to 10)
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:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The registrar
Magistrates' Court of Victoria
at [ venue ]
SCHEDULE OF DOCUMENTS
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
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.
Production of subpoena or copy of it and documents or things by delivery or post
4. Instead of attending to produce this subpoena (or a copy of it) and the documents or things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the documents or 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 2 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.
5. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the registrar in writing of your objection and of the grounds of your objection.
6. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
7. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
Production of copy instead of original
8. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. If you are producing copies, you are encouraged to produce them in electronic form.
9. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 10(b) below.
10. A copy of a document may be—
(a) a photocopy; or
(b) in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or
(c) any other format agreed with the issuing party.
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; and
(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.
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 section 134 of the Magistrates' Court Act 1989 .
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy 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 4 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 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 compliance with 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: [ insert date ]
[ signature of addressee ]
[ name of addressee ]
Form 42C—Subpoena both to attend to give evidence and to produce
SUBPOENA BOTH TO ATTEND TO GIVE EVIDENCE AND TO PRODUCE
[ heading as in Form 5A ]
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: 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. Also, you must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [ insert date ]. (See Note 1)
Date:
[ Seal of the Court ]
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
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 the subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents 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 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 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).
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:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
The registrar
Magistrates' Court of Victoria
at [ venue ]
SCHEDULE OF DOCUMENTS
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
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.
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.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena to that extent by delivering or sending the subpoena (or a copy of it) and the document or thing 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 2 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 you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. If you are producing copies, you are encouraged to produce them in electronic form.
10. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 11(b) below.
11. A copy of a document may be—
(a) a photocopy; or
(b) in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or
(c) any other format agreed with the issuing party.
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; 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 or any document or thing the subject of the subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of 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 section 134 of the Magistrates' Court Act 1989 .
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy 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 4 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 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 compliance with 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: [ insert date ]
[ signature of addressee ]
[ name of addressee ]
Form 42AA—Subpoena for production to registrar
SUBPOENA FOR PRODUCTION TO REGISTRAR
[ heading as in Form 5A ]
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: 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. Also, you must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last day for service of this subpoena is: [ insert date ]. (See Note 1)
Date:
[ Seal of the Court ]
Issued at the request of [ name of party ], whose address for service is:
Place:
Email:
Details of subpoena
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 below to the registrar at the address below so that they are received on or before the date for production specified below:
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
Magistrates' Court of Victoria
at [ venue ]
SCHEDULE OF DOCUMENTS
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
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.
Question concerning subpoena
4. Any question concerning this subpoena should be directed not to the Court but to the Australian lawyer for the party at whose request the subpoena was issued.
Availability of documents for inspection and at trial
5. All documents produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following, may be inspected in the meantime by each party to the proceeding and each party's Australian lawyer, and copies taken.
Objection by addressee to production or inspection
6. If you are the person required by this subpoena to produce documents, and you object to producing the documents or to their being inspected by any one or more of the parties to the proceeding, you must notify the registrar in writing of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. 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
7. If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents being inspected by another party to the proceeding, you must notify the registrar of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. 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
8. 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 the file or record produced to the registrar and, after such inspection, notify any objection you may have to inspection of that file or record by any other party, provided that you make your inspection and notify your objection and the grounds of that objection, if any, in writing within 7 days after the day specified in the subpoena for production.
Obligation of issuing party after objection
9. 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 to their being inspected, 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
10. Documents 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 an Australian lawyer for a party. Rule 42A.11(2) of the Magistrates' Court General Civil Procedure Rules 2020 is then relevant:
"(2) An Australian lawyer who signs an application under paragraph (1) and removes a document from the office of the registrar, undertakes to the Court by force of this Rule that—
(a) the document will be kept in the personal custody of the Australian lawyer or a barrister briefed by the Australian lawyer in the proceeding; and
(b) the document 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.
Production of a number of documents or things
11. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
Production of copy instead of original
12. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. Even if the subpoena required the production of the original, you may, if you have the consent of the issuing party, produce a copy, instead of the original, of the document. If you are producing copies of documents, you are encouraged to produce them in electronic form.
13. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 14(b) below.
14. A copy of a document may be—
(a) a photocopy;
(b) in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format
any other format agreed with the issuing party; or
(c) in any other appropriate form.
Applications in relation to subpoena
15. 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 document or thing the subject of the subpoena.
Loss or expense of compliance
16. 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
17. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
18. Note 17 is without prejudice to any power of the Court under section 134 of the Magistrates' Court Act 1989 .
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy 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 4 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 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 compliance with 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: [ insert date ]
[ signature of addressee ]
[ name of addressee ]
Form 43A substituted by S.R. No. 54/2022 rule 10.
Form 43A—Certificate identifying exhibit or exhibits
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 lower right hand corner of the page.
*Delete if not applicable
Form 44A—Expert witness code of conduct
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 must clearly state the opinion or opinions of the expert and must state, specify or provide the following—
(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;
(c) the qualifications of the expert to prepare the report;
(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 must without delay provide to the party (or that party's legal representative) a supplementary report which must 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 must—
(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
(c) abide in a timely way by any direction of the Court.
Conference of Experts
7. Each expert witness must—
(a) exercise the expert witness's 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 must 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—Court interpreters' code of conduct
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 judgment 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; or
(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; or
(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 by 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.
SUMMONS
[ heading as in Form 5A ]
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 [ identify party ] for [ describe the order sought ].
The application will be heard in the Magistrates' Court of Victoria at [insert venue] 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 [ insert name of Australian lawyer ] of [ insert name and address of firm of Australian lawyer ], Australian lawyer for the [ identify party ].
Form 46B—Application for re-hearing
APPLICATION FOR RE-HEARING
[ heading as in Form 5A ]
To the registrar
and to [ names and addresses of other parties to proceeding ].
I did not appear at the hearing of the above complaint. The Court on [ date ]
in my absence made an order against me for [ set out terms of order ] and for
$[ insert amount ] costs.
TAKE NOTICE that I intend to apply to the Court for an order that that order be set aside and the complaint be re-heard as soon as possible.
*I did not appear at the hearing for the following reason(s) [ set out reasons ].
*I did not file a notice of defence for the following reason(s) [ set out reasons ].
My address for service is:
[ Signed ]
Filed: [ insert date ].
This application will be heard by the Court on [ date ] at [ time ].
*Delete if inapplicable.
DATE OF MEDIATION :
OUTCOME OF MEDIATION :
*NOT HELD
*Withdrawn prior to mediation; or
*No appearance of—
*Plaintiff
*Defendant
*Other [ set out details ]
or
*HELD
*1. Resolved—no orders required
*2. Resolved—orders will be sought
*3. Not resolved
APPEARANCES :
*Mr/Ms *of Counsel/*Australian lawyer for plaintiff.
*Instructed by *Mr/Ms Instructing Australian lawyer for plaintiff.
*Mr/Ms *of Counsel/*Australian lawyer for defendant.
*Instructed by *Mr/Ms Instructing Australian lawyer for defendant.
*Mr/Ms *of Counsel/*Australian lawyer for other party.
*Instructed by *Mr/Ms Instructing Australian lawyer for other party.
INFORMATION PROVIDED BY PARTIES
NUMBER OF WITNESSES:
*Other:
ESTIMATE OF DURATION OF FINAL HEARING :
Dated: [ insert date ]
[ Signed ]
MEDIATOR
Note: The mediator must complete this report and give a copy to the Court and to each of the parties within 7 days of the date of conclusion of a mediation.
*Delete if inapplicable.
APPLICATION
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court Number |
| | |
|
and | |
| | |
An order was made at the Court on / /
This application is for—
*an instalment order;
*an instalment order in substitution of a previous
instalment order;
*the variation of an instalment order (section 8);
*the
cancellation of an instalment order (section 8).
1. Details of applicant (*debtor/*creditor)
Name:
Address:
Postcode
Telephone: Home Business
2. Details of respondent (*debtor/*creditor)
Name:
3. State:
|
(a) amount ordered |
Claim |
$ |
| |
Total (judgment debt) |
$ |
|
LESS |
|
|
|
EQUALS |
|
|
|
PLUS |
|
|
|
PLUS Please specify— (i) |
_________ Subtotal $ + |
|
|
EQUALS |
|
|
|
(g) Amount to be paid |
| |
|
(h) Periodical time for |
*weekly; | |
|
(i) Proposed
date of |
| |
|
(j) Person/corporation/ Name: | | |
|
4. If this is an application (a) the date of the |
| |
|
(b) the amount of each |
| |
|
5. Reasons for the | | |
|
6. State any other relevant | | |
|
Dated: [ insert date ] | ||
PLEASE NOTE:
1. IF THE APPLICANT IS THE JUDGMENT DEBTOR, A STATEMENT OF AFFAIRS TO THE EFFECT OF FORM 61B (OR FORM 61C IF A CORPORATION) MUST BE FILED WITH THIS APPLICATION.
2. A COPY OF THIS APPLICATION AND, IF THE APPLICATION IS BY THE JUDGMENT DEBTOR A STATEMENT OF AFFAIRS, MUST BE SERVED ON THE RESPONDENT PARTY.
3. IF YOU DO NOT UNDERSTAND THIS DOCUMENT, YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY. YOU MAY ALSO NEED TO OBTAIN FINANCIAL COUNSELLING.
*Delete if inapplicable
Form 61B—Statement of affairs by an individual
STATEMENT OF AFFAIRS BY AN INDIVIDUAL
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court Number |
| | |
|
and | |
| | |
To the registrar,
1. Amount and Source of Weekly Income
(a) Employed persons
|
Occupation: | | |
|
Name and address of employer: | | |
|
Gross wage: |
$ | |
|
Current overtime (if any): |
$ | |
|
Car and other allowances and commissions: |
$ | |
| |
$ | |
(b) Self-employed persons
|
Average earnings from self-employment or partnership for last 12 months: |
| |
(c) Unemployed persons or persons not working
If unemployed, state length of last employment,
date when last
employment ceased, and gross weekly
amount earned:
|
Pension or Benefit received: |
$ | |
|
WorkCover received: |
$ | |
| |
$ | |
(d) Other monies
|
Maintenance received: |
$ | |
|
Superannuation received: |
$ | |
|
Board or rent received: |
$ | |
|
Average weekly income from investments in banks, building societies, shares, etc.: |
| |
|
Other (e.g. family allowance— give details ) |
$ | |
|
TOTAL GROSS WEEKLY INCOME: |
$ | |
2. Weekly expenses
|
Income tax: |
$ | |
|
Superannuation: |
$ | |
|
Health Insurance: |
$ | |
|
Union fees: |
$ | |
|
Housing (mortgage, board, rent): |
$ | |
|
Municipal rates: |
$ | |
|
Water and sewerage rates: |
$ | |
|
Land tax: |
$ | |
|
Child care costs (kindergarten, day care, etc.): |
$ | |
|
Maintenance actually paid: |
$ | |
|
Instalment payments: ...........................$ |
$ |
|
|
Electricity: |
$ | |
|
Gas: |
$ | |
|
Telephone: |
$ | |
|
Food: |
$ | |
|
Other general household expenses: |
$ | |
|
Car expenses (registration, insurance, maintenance, fuel): |
| |
|
Fares: |
$ |
|
|
Insurance Policies: |
$ | |
|
School fees and other schooling costs: |
$ | |
|
Clothing and shoes: |
$ | |
|
Medical and chemist expenses: |
$ | |
|
Entertainment: |
$ | |
|
Payments on court orders and fines: |
$ | |
|
Other expenses [ give details ]: ...............................$ ...............................$ | ||
|
TOTAL WEEKLY EXPENSES: | |
$ |
3. Are there any persons who contribute to paying your expenses? If so, who are they and how much do they contribute?
.............................................................................................................
.............................................................................................................
4. Property and Assets
|
Market value of house (place of residence) owned: |
| | |
|
Amount owing on mortgage: |
$ | | |
|
Net value of interest on house: | |
$ | |
|
Market value of any other house or land owned: |
| | |
|
Amount owing on mortgage: |
$ | | |
|
Net value or interest in other house or | |
| |
|
Market value of motor vehicle(s): (a) Year: Make/Model: (b) Year: Make/Model: |
$ $ | | |
|
Amounts owing, under finance, on motor vehicles: |
| | |
|
(b) |
$ | | |
| | | | |
|
Net value of interest(s) on motor vehicles: | |
| |
|
Cash in banks, building societies, etc.: | |
$ | |
|
Cash presently in your possession: | |
$ | |
|
Value of other investments including shares, debentures, bonds: | |
| |
|
Money owed to you: ...................................................$ ...................................................$ | |
| |
|
Value of interest in partnership or business (including stock, goodwill equipment, debtors): | |
| |
|
State approximate re-sale value of furniture and personal goods: |
| | |
|
Amount owing on these furniture and personal goods: |
| | |
|
Net value of interest: | |
$ | |
|
Other assets [ give details ]: | |
$ | |
|
TOTAL NET VALUE: | | |
$ |
|
Life insurance policies [ specify insurer, policy number, surrender value(s) ]: ...................................................................... | |
$ | |
|
TOTAL PROPERTY AND ASSETS: | | |
$ |
Are any assets jointly owned? Give details:
...................................................................................................
...................................................................................................
...................................................................................................
5. Debts and liabilities [ give details ]
(Hire purchase, leases, credit cards, credit
contracts, personal
loans, store accounts,
guarantees being paid off, etc . ):
|
Total amount due: $ |
To: | |
|
Total amount due: $ |
To: | |
|
Total amount due: $ |
To: | |
|
TOTAL OTHER DEBTS: |
$ | |
6. Have any of the above debts been jointly incurred with any
other
person? Give details :
.............................................................................................................
.............................................................................................................
.............................................................................................................
7. Give details of any other circumstances which affect your
financial
position (e.g. number and age of
dependants, marital status, health,
etc . ):
.............................................................................................................
.............................................................................................................
.............................................................................................................
Date: [ insert date ]
[ Signature ]
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
Form 61C—Statement of affairs by an officer of a corporation
STATEMENT OF AFFAIRS BY AN OFFICER OF A CORPORATION
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court number | |
| | ||
|
and | ||
| | ||
|
1. State the address of the registered office of the judgment debtor corporation? | | |
|
2. Is the corporation still trading? If no, when did it last trade? | | |
|
3. What is the corporation's average weekly turnover? | | |
|
4. Is the corporation owed any money? If yes, give details including— (a) who owes the money? (b) the address, telephone number
and (c) how much is owed? (d) what are the circumstances that
give rise (e) when is the debt due and payable
to the | | |
|
5. Give details of the corporation's accounts at any
bank/building society/credit union/etc.? (a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account. | | |
|
6. Do you produce a balance sheet of the corporation? If yes— (a) is it the most up to date
balance sheet (b) does the balance sheet reflect
the | | |
|
7. What other assets does the corporation have? (1) real estate, listing— (a) locations ( addresses ); (b) values; (c) mortgages. | | |
|
(2) plant and equipment (not included (a) a description; (b) locations ( addresses ); (c) values; (d) are there any
claims against these | | |
|
(3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value. | | |
|
(4) stock (not included elsewhere), listing— (a) a description; (b) locations [ address ]; (c) values; (d) are there any
claims against these | | |
|
(5) other deposits, investments, shares and | | |
|
(6) forward orders and/or pending contracts. | | |
|
(7) trademarks, labels, intellectual property. | |
|
|
8. Is there a registered debenture over the assets | | |
|
9. Are there any other unpaid court orders/fines
against the corporation? If so, give details of (a) (for court orders)
name/address/phone (b) date of court order/fine; (c) amount outstanding; (d) reference number (if any). | | |
|
10. What other monies does the corporation owe, not previously mentioned? | | |
|
11. Do you produce a profit and loss statement for (a) is it the most up to date profit
and loss (b) does the profit and loss
statement reflect | | |
|
12. Give details of any other circumstances which affect the
financial ............................................................................................................. ............................................................................................................. | ||
Date:[ insert date ]
[ Signature ]
Full name:
Position held in judgment debtor corporation:
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
NOTICE OF OBJECTION
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
To the registrar,
An application under section 6 of the Judgment Debt Recovery Act 1984
was *granted/*refused by the proper officer on [ insert date ].
Notification of such *order/*refusal was received by me on [ insert date ].
TAKE NOTICE that I object to the *order made/*refusal to make the order on the grounds that [ set out grounds ].
Dated: [ insert date ].
[ Signed by judgment creditor or judgment debtor ]
*Delete if inapplicable.
INSTALMENT AGREEMENT
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
On [ date ] the Court ordered that [ judgment debtor ] pay [ judgment creditor
] the sum of $[ insert amount ] and $ [ insert amount ] for interest and $
[
insert amount] for costs.
I, [ judgment debtor ] of [ address ] agree and undertake to pay to [ judgment creditor ] of [ address ] the sum of $ [ total sum ] in the following manner:
Number of instalments:
Amount of each instalment: $
Time of payment of each instalment: On or by the day of
each
*week/*fortnight/*month.
First instalment is payable on or by the day of 20 .
Last instalment is payable on or by the day of 20 .
Person to whom payment is to be made:
Address at which payment is to be made:
I am aware that should I fail to keep to this agreement, I may be called before the Court.
I attach a Statement of Affairs which I believe to be true and correct in every particular.
Signature of judgment debtor:
Witness:
Date: [ insert date ].
*Delete if inapplicable.
I agree that the judgment debt owing to me must be paid in the manner set out above.
Signature of judgment creditor:
Witness:
Date: [ insert date ].
IMPORTANT NOTE TO DEBTOR
IF YOU DO NOT UNDERSTAND THIS DOCUMENT YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY.
BEFORE SIGNING THIS DOCUMENT YOU SHOULD OBTAIN FINANCIAL COUNSELLING.
Form 61F—Summons for examination
SUMMONS FOR EXAMINATION
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B.
Judgment creditor
and
C.D. Judgment debtor
To [ judgment debtor ]
of [ address ]
An order was made by the Court on [ date ] that you pay to [ judgment creditor ] the sum of $[ insert amount ] and $ [ insert amount ] for interest and $ [ insert amount ] for costs, and *an application dated [ insert date ] has been made to this Court for the *making/*confirming/*varying/*cancelling/*substituting of an instalment order by [ full name of applicant ] and this Court is not satisfied that in the circumstances an instalment order should be *made/*confirmed/*varied/*cancelled/*substituted:
or
* An instalment order was made by [ name of Court ] dated [ insert date ] for the payment of the judgment debt; and
[ Full name of judgment creditor ] alleges that you have defaulted in the payment of instalment(s) ordered.
YOU MUST ATTEND the Court at [ venue ] on [ date ] at [ time ]
* to be examined concerning your financial circumstances and your means and ability to satisfy the order against you:
or
* to be examined according to your financial circumstances and, in the case of an alleged default, as to the circumstances of your alleged default.
You are required to produce to the Court on the examination the following documents [ description of documents ].
Date: [ insert date ].
WARNING
IF YOU DO NOT ATTEND AS ORDERED BY THIS SUMMONS, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
*Delete if inapplicable.
Form 61G—Application for issue of summons
APPLICATION FOR ISSUE OF SUMMONS
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
I, [ name of judgment creditor ] of [ address ], the judgment creditor make *oath/*affirm and say that:
1. By an order dated: [ insert date ] it was ordered that [ judgment debtor ] pay me the sum of $[ insert amount ] and $[ insert amount ] for interest and $[ insert amount ] for costs.
2. An instalment order for the payment of the sum was made on [ insert date ].
3. The judgment debtor has defaulted in the payment of instalment(s) under the order in the following way [ set out details of default ].
4. I seek the issue of a summons for the oral examination of the judgment debtor.
*Sworn/*Affirmed, etc.
*Delete if inapplicable.
Form 61H—Warrant of apprehension
WARRANT OF APPREHENSION
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ named member or all members of the Police Force ]
[ name of judgment debtor ] of [ address ] has failed to appear at the time
and place appointed in the summons dated [ insert date ] to be examined
regarding judgment debtor's financial circumstances.
You are authorised to enter and search any place where you may suspect [ judgment debtor ] to be and you may use all necessary force for that purpose. When you have apprehended [ judgment debtor ] you are to bring [ judgment debtor ] before a magistrate or the Court at [ time ] at [ place ] to be dealt with according to law.
Dated: [ insert date ].
NOTE: If apprehended before the date and time of the hearing specified in this Warrant, the judgment debtor may be released on the judgment debtor's own undertaking to appear for oral examination at the time and place specified in this warrant.
IF UNABLE TO EXECUTE BY THAT DATE PLEASE RETURN UNEXECUTED.
*Delete if inapplicable.
NOTICE
(Section 6(4); 6(7); 7(4); 18(2))
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name and address of judgment creditor or judgment debtor ].
TAKE NOTICE THAT upon application by [ name of applicant ] for [ type of application ] and *a notice of objection filed by [ name ] having been heard, the proper officer of the Court has
* ordered that [ details of order ]
or
* refused to make the order sought in the application.
Dated: [ insert date ].
*Delete if inapplicable.
NOTICE
(Section 14(6); 17(5))
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name of judgment creditor ].
of [ address ].
A *warrant of apprehension/*summons for oral examination was issued on [ date ] requiring the attendance of the judgment debtor at the Court on [ date ] for the *purposes of examination/*as to financial circumstances [ and ]/*as to the circumstances of the alleged default in payment of instalments.
Dated: [ insert date ].
*Delete if inapplicable.
NOTICE
(Section 6(6), 8)
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name of judgment creditor or judgment debtor ] of [ address ].
An application for [ type of application ] was made by [ identify party ] on [ date ] and on [ date ] the proper officer of the Court *made an order in the terms of the application/*refused to make an order.
* And the [ identify party ] filed on [ date ] *a notice of objection/*application for variation of instalment order/*application for cancellation of instalment order.
TAKE NOTICE that the matter will be heard on [ date ] at [ time ] by the Court at [ venue ].
Dated: [ insert date ].
*Delete if inapplicable.
Form 61L—Warrant of commitment
WARRANT OF COMMITMENT
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
TO: All members of the Police Force and to the keeper of Her Majesty's Prison at
You are commanded to take [ judgment debtor ] and to convey [ judgment debtor ] to the prison at [ place ] and deliver [ judgment debtor ] to the keeper of that prison and you, the keeper are required to receive [ judgment debtor ] into your custody and keep [ judgment debtor ] there safely for [ number of ] days unless you receive a certificate signed by the registrar of the Court at [ venue ] that the judgment debt has been paid or satisfied or until the judgment debtor is discharged by due course of law.
Dated: [ insert date ].
*Delete if inapplicable.
Form 61M—Certificate of discharge
CERTIFICATE OF DISCHARGE
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: The keeper of Her Majesty's Prison at
This is to certify that [ judgment debtor ] presently held by you under a warrant dated [ insert date ] has paid the debt owing [ or has made satisfaction for the debt owing] for which the warrant was issued and is now entitled to be discharged out of your custody.
Dated: [ insert date ].
*Delete if inapplicable.
Form 67A—Summons to attend for oral examination
SUMMONS TO ATTEND FOR ORAL EXAMINATION
[ heading as in Form 5A ]
To [ judgment debtor, or if a corporation, an officer of the judgment debtor ]
of [ address ]
On [ date ] the Court ordered you [ or the corporation ] to pay money.
You must attend before the Court to be orally examined on the application of [ judgment creditor ] as to your [ or the corporation's ] income, property, assets, debts and other liabilities and your [ or the corporation's ] means and ability to pay the amount ordered to be paid.
The examination will be heard by the Magistrates' Court at [ venue ] on [date] at a.m./p.m.
You are required to produce to the Court on the examination all books of account, papers, documents, passbooks and current statements for all bank/building society/credit union accounts, and all relevant files dealing with your [ or the corporation's ] income, purchases and expenditure.
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
Dated: [ insert date ].
The amount due and unpaid on the court order is—
|
Amount awarded on the claim | |
$ | |
|
Costs ordered | |
$ | |
|
Interest awarded | |
$ | |
| |
Subtotal |
$ | |
|
Less amount paid since order | |
$ | |
|
Total | |
$ | |
Additional amounts that have been accrued against you since the court order are—
|
Interest from order to this date— | | | |
|
to , days @ % | |
$ | |
|
to , days @ % | |
$ | |
|
Costs of this summons | |
$ | |
|
Filing fee | |
$ | |
|
Service fee | |
$ | |
|
Total | |
$ | |
Form 67B—Examination of a judgment debtor
EXAMINATION OF A JUDGMENT DEBTOR
[ heading as in Form 5A ]
[ name of person being examined ], the judgment debtor, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
|
Column 1 Questions |
Column 2 Answers |
|---|---|
|
1. What is your full name? | |
|
2. What is your date of birth? | |
|
3. What is your home address and phone number? Do you own, rent or board at this address? Give name, address and phone number of the estate agent or landlord. | |
|
4. Do you propose to change your address in the near future? If so, state the new address. | |
|
5. Are you single, married or living in a de facto relationship? | |
|
6. How many dependants do you have in your care? What is their relationship to you and what are their ages? | |
|
7. Do you own or are you buying any land or building? If yes, give details, including— (a) address(es); (b) value; (c) mortgage (naming financier and balance due); (d) 2nd mortgage (naming financier and balance due); (e) caveat(s); (f) when did you buy the property? (g) what was the price paid? | |
|
(h) are you buying the land or building with any other person? (i) if yes, give the name and address of that other person; (j) are you intending to sell the land or building? | |
|
8. Do you own or are you buying a motor vehicle? If yes, give details, including— (a) the make; (b) the model; (c) the condition of the motor vehicle; (d) is the motor vehicle registered? If yes, what is the registration number? (e) is the vehicle subject to finance? If yes, state— —the name of the financier; —account reference number; —how much is owing? —when will payments be finalised? (f) value. Repeat the above information for all extra vehicles. | |
|
9. Are you owed any money? If yes, give details, including— (a) who owes you the money; (b) the address, telephone number and reference of the person or company; (c) how much is owed? (d) what circumstances give rise to that indebtedness? (e) when is the debt due and payable to you? | |
|
10. Are you employed? If yes, give details— (a) the position you hold? (b) the name of your employer? (c) the address and telephone number of your employer? | |
| | |
|
11. What income do you receive after tax and compulsory superannuation is deducted? What is the nature of this income (e.g. wages, salary, commission, benefit, etc.)? Is this income received weekly, fortnightly, monthly, or otherwise? Do you receive overtime or other allowances? If you are unemployed, what is your source of income? (e.g. sole parent benefit, disability pension, WorkCover)? | |
|
12. (a) If unemployed, how long have you been unemployed? (b) What is the name of your previous employer? (c) Will you be starting employment in the near future? If so, give details. | |
|
13. What other source of income do you have? Give details of all sources and amounts (e.g. part‑time work, casual work, dividends, rent, etc . ). | |
|
14. Have you any accounts at any bank/building society/credit union, etc.? If yes, give details of each account— (a) name and address of financial institution; (b) name of account; (c) type of account; (d) account number; (e) present balance of account. If account is not held solely by you, state name/address/phone number of each other person with whom the account is jointly held. | |
|
15. How much cash money do you have readily available? | |
|
16. Have you any personal property or assets not previously mentioned? If so, give details, including— | |
| | |
|
(a) investments, shares, debentures; (b) superannuation, life insurance policy; (c) motor boats, caravans, trailers [ give descriptions of the boat, caravan, trailer including the registration number and value ]. If any of the above personal property or assets are held with another person, give the name and address of the other person. | |
|
17. Give details of your expenses calculated on a weekly basis, including— (a) rent/mortgage/board; (b) food; (c) gas/electricity; (d) clothing; (e) loan repayments etc. [ give details of each loan and the balance owing ]; (f) credit card repayments [ give details of each card, but not the credit card number, and the amount owing ]; (g) house and contents insurance; (h) municipal and water rates; (i) telephone; (j) car expenses (including registration, insurance and maintenance); (k) fuel expenses of running your motor vehicle; (l) education expenses; (m) medical/dental/pharmaceutical; (n) entertainment expenses; (o) other (if any) expenses. |
Balance $
|
|
Total: Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute? |
$____________
|
| | |
| | |
|
18. Are there any other unpaid court orders/fines against you? If so, give details including— (a) name/address/phone number of party to whom money is owed; (b) date of court order; (c) amount outstanding; (d) court and reference number (if any). | |
|
19. What other moneys do you owe, not previously mentioned? | |
|
20. Are you an owner or do you have an interest in any business? If yes, give details, including— (a) What is the name of the business? Is it a registered business name? Is there an ACN and if so what is the ACN? (b) If you have partners give the full name and address of each partner and state each partner's percentage share ( including your own ) of the business; (c) If a private company, state the number of shares you hold and give the name and address and number of shares of each other shareholder; (d) What is the value of the goodwill of the business? When was the goodwill last valued? (e) What assets does the business have? Give details of all— (i) real estate, listing— (A) locations [ addresses ]; (B) values; (C) mortgages; (ii) plant and equipment (not included elsewhere) listing— (A) a description; (B) locations; (C) values; | |
|
(D) are there any claims against these items (e.g. finance, etc.); (iii) motor vehicles, listing for each— (A) make/model/condition; (B) registration number; (C) lease or other finance details; (D) value; (iv) stock (not included elsewhere), listing— (A) a description; (B) locations [ address ]; (C) values; (D) are there any claims against these items (e.g. finance, etc . ); (v) other deposits, investments, shares and debentures giving for each details of value and in what business/corporation/firm; (vi) forward orders and/or pending contracts; (vii) trademarks, labels, intellectual property. | |
|
21. Do you have an offer to pay this debt? | |
|
22. Have you paid any of the amount ordered? If so, how much and when? | |
[ Signature ]
Recorded at
this / /
before me:
[ Signature of registrar ]
I order the judgment debtor to pay the sum of $ [ insert amount ] being the costs of this examination.
|
Filing fee |
$ |
|
Hearing fee |
$ |
|
$ | |
|
Service fee ( including attempt(s) and travelling ) |
$ |
|
Professional costs |
$ |
|
TOTAL |
$ |
[ Signature of registrar ]
IMPORTANT
PRE-EXAMINATION INFORMATION
To the judgment debtor
You have been served with a Summons to Attend for Oral Examination ( Form 67A ) and an Examination Sheet ( Form 67B ).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear or affirm that the answers on this Examination Sheet are true until the examination is conducted .
Care must be taken to provide complete and accurate answers as you will be required to take an oath or make an affirmation as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's Australian lawyers.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.
Form 67C—Examination of an officer of a judgment debtor which is a corporation
EXAMINATION OF AN OFFICER OF A JUDGMENT DEBTOR WHICH IS A CORPORATION
[ heading as in Form 5A ]
[ name of person being examined ], an officer of the judgment debtor corporation, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
|
Column 1 Questions |
Column 2 Answers |
|---|---|
|
1. What is your full name? | |
|
2. What is your address? | |
|
3. What position do you hold in the judgment debtor corporation? | |
|
4. What is the address of the registered office of the corporation? | |
|
5. Is the corporation— (a) registered; or (b) deregistered— at the Australian Securities and Investments Commission? | |
|
6. Is the corporation still trading? If not, when did it last trade? | |
|
7. What is the nature of the business of the corporation? | |
|
8. At what addresses does the corporation carry on business? If the premises are leased, give details of— (a) the name of the landlord; (b) the expiration date of the lease. | |
|
9. What is the corporation's average weekly turnover? | |
| | |
| | |
|
10. Is the company owed any money? If yes, give details including— (a) who owes the money? | |
|
(b) the address, telephone number and reference of the person or company; (c) how much is owed? (d) what are the circumstances that give rise to the indebtedness? (e) when is the debt due and payable to the corporation? [ give details ]. | |
|
11. Give details of the corporation's accounts at any bank/building society/credit union/etc. For each account give details, including— (a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account. | |
|
12. Do you produce a balance sheet of the corporation? If yes— (a) is it the most up to date balance sheet available? (b) does the balance sheet reflect the corporation's present position? [ detail differences ]. | |
|
13. What other assets does the corporation have? Give details of all— (1) real estate, listing— (a) locations [ addresses ]; (b) values; (c) mortgages (and financier); (2) plant and equipment (not included elsewhere)listing— (a) a description; (b) locations [ addresses ]; (c) values; (d) are there any claims against these items ( e.g. finance, etc. ); | |
|
(3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value; (4) stock (not included elsewhere), listing— (a) a description; (b) locations [ address ]; (c) values; (d) are there any claims against these items (e.g. finance, etc . ); (5) other deposits, investments, shares and debentures, giving for each details of value and in what business/corporation/firm; (6) forward orders and/or pending contracts; (7) trademarks, labels, intellectual property. | |
|
14. Is there a registered debenture over the assets of the corporation? If yes, identify the debenture holder, state when the debenture was given and state the amount secured by the debenture. | |
|
15. Are there any other unpaid court orders/fines against the corporation? If so, give details of each court order/fine including— (a) (for court orders) name/address/phone number of party to whom the money is owed; (b) date of court order/fine; (c) amount outstanding; (d) reference number (if any). | |
|
16. What other monies does the corporation owe, not previously mentioned? | |
|
17. Has the corporation paid any/all of the amount ordered? If so, how much and when? | |
|
18. Do you produce a profit and loss statement for the corporation? If yes— (a) is it the most up to date profit and loss statement available? (b) does the profit and loss statement reflect the corporation's present position? [ detail differences ]. | |
|
19. Does the corporation have a proposal to pay the amount claimed by the judgment creditor? | |
[ Signature ]
Recorded at
this / /
Before me:
[ Signature of registrar ]
I order the judgment debtor to pay the sum of $ [ insert amount ] being the costs of this examination.
|
Filing fee |
$ |
|
Hearing fee |
$ |
|
$ | |
|
Service fee (including attempt(s) and travelling) |
$ |
|
Professional costs |
$ |
|
TOTAL |
$ |
[ Signature of registrar ]
IMPORTANT
PRE-EXAMINATION INFORMATION
To the officer of the judgment debtor corporation
You have been served with a Summons to Attend for Oral Examination ( Form 67A ) and an Examination Sheet ( Form 67C ).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear or affirm that the answers on the Examination Sheet are true until the examination is conducted .
Care must be taken to provide complete and accurate answers as you will be required to take an oath or make an affirmation as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's Australian lawyers.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.
Form 67D—Summons to attend to give evidence or produce documents
SUMMONS TO ATTEND TO GIVE EVIDENCE OR PRODUCE DOCUMENTS
[ heading as in Form 5A ]
To [ name ]
of [ address ]
You are summoned to attend before the Court at [ address of Court ] at 10.00 a.m. [ or as the case requires ] on [ insert date ] to give evidence or produce the documents described in the Schedule or both to give evidence and produce those documents.
SCHEDULE
[ description of documents ]
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
Dated: [ insert date ].
Form 68A—Warrant to seize property
WARRANT TO SEIZE PROPERTY
[ heading as in Form 5A ]
ORIGINAL/EXECUTION COPY
REQUEST FOR WARRANT
To the registrar
[ name ] is owed money.
[ name ] of [ address ] was ordered to pay money in the above matter
*on [ date ] by the Magistrates' Court at [ venue ]
*on [ date ] by VCAT
*on [ date ] by [ name of court or tribunal ] by order which was registered with this Court on [ date ]
Please issue a warrant to seize property to recover [ amount ] which is the amount now owing.
This amount is calculated—
|
Amount ordered | |
$ | |
|
Costs ordered | |
$ | |
|
Interest ordered | |
$ | |
| |
Subtotal A |
$ | |
|
Less amount paid since order | |
$ | |
| |
Subtotal B |
$ | |
|
Interest from order to this date | | | |
|
to , days @ % |
$ | | |
|
to , days @ % |
$ | | |
| |
Subtotal C |
$ | |
|
Prior costs of recovering amount ordered | |
$ | |
|
Fees on warrant | |
$ | |
|
Professional costs | |
$ | |
| |
Subtotal D |
$ | |
| | | | |
|
The Amount |
Total |
$ | |
*In accordance with section 100(7) of the Magistrates' Court Act 1989 , interest accruing from the date of issue of the warrant is sought on the amount stated at Subtotal B, from the date of this request, at the rate prescribed from time-to-time under the Penalty Interest Rates Act 1983 . At time of issue of making this request the interest rate is [ insert percentage ] % per annum or $ [ insert amount ] per day.
*In accordance with section 108 of the Service and Execution of Process Act 1992 of the Commonwealth interest accruing from the date of issue of the warrant is sought on the amount stated at Subtotal B from the date of this request, at the rate prescribed in the Court of Rendition, which rate is [ insert percentage ] % per annum or $ [ insert amount ] per day.
This request is made by [ name of Australian lawyer or person making request, address and telephone number ].
It is believed that the personal property of the person ordered to pay can be found at [ address ].
Dated: [ insert date ]
WARRANT TO SEIZE PROPERTY
To the Sheriff:
You are authorised to seize the personal property of the person ordered to pay. If:
(a) the amount payable on the date of issue of this warrant; and
(b) the further interest accruing at the rate of [ insert percentage ] % per annum or $ [ insert amount ] per day on the amount stated at Subtotal B from the date of issue of this warrant; and
(c) your costs of execution set out in the request for this warrant—
are not paid, you are to sell the property and pay the amount due to [ judgment creditor ]. You or your officer must indorse details of execution on this warrant.
Issued at:
Dated: [ insert date ].
*Delete if inapplicable.
WARRANT OF DELIVERY
[ To be used for delivery of goods or where the Court order was for the delivery of goods or for payment of their assessed value. If the Court order was for the payment of assessed value of goods only a warrant to seize property may be used. ]
[ heading as in Form 5A ]
REQUEST FOR WARRANT
To the registrar:
1. Please issue a warrant for delivery of [ specify goods ] ordered to be delivered by the Court at [ venue of Court ] on [ date ] plus costs of [ amount ]. [ Either paragraph 1 or 2 must be deleted .]
2. Please issue a warrant for delivery of [ specify goods ] or the payment of their assessed value [ specify assessed value ] ordered to be delivered or paid by the Court at [ venue of Court ] on [ date ], plus costs of [ amount ].
3. The goods were ordered to be returned to [ name and address ] by [ name and address ] who has possession of the goods. It is believed that the goods are located at [ address ]. [ Either paragraph 3 or 4 must be deleted ].
4. The goods were ordered to be returned to, or payment of their assessed value paid to [ name and address ] by [ name and address ] who has possession of the goods. It is believed the goods are located at [ address ].
5. This request is made by [ name of Australian lawyer or person making request, address and telephone number ].
Dated: [ insert date ].
WARRANT OF DELIVERY
To the Sheriff:
1. [ name ] is entitled to recovery of goods. [ Either paragraph 1 or 2 must be deleted .]
2. [ name ] is entitled to recovery of goods or to payment of their assessed value.
3. [ name ] was ordered to deliver those goods. [ Either paragraph 3 or 4 must be deleted .]
4. [ name ] was ordered to deliver those goods or pay their assessed value.
5. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If those costs are not paid you are to seize and sell property belonging to that person sufficient to cover those costs. [ Either paragraph 5 or 6 must be deleted .]
6. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If you cannot cause the goods described above to be so delivered, you are to seize and sell property belonging to that person sufficient to cover the assessed value of those goods, plus the costs as set out above together with your costs of execution.
7. You or your officer must indorse details of execution on this warrant.
Issued at:
Dated: [ insert date ].
Form 69A—Notice to person responsible for safe-keeping of property seized under a warrant to seize property
NOTICE TO PERSON RESPONSIBLE FOR SAFE-KEEPING OF PROPERTY SEIZED UNDER A WARRANT TO SEIZE PROPERTY
( Magistrates' Court Act 1989 , section 111(7A))
To: [ insert name ]
The personal property listed below belonging to [ insert name ] has been seized under a warrant to seize property dated [ insert date ].
You are now responsible for the safe-keeping of this property .
LIST OF PROPERTY: [ description of property seized—add extra pages if space insufficient ]
Section 111(7B) of the Magistrates' Court Act 1989 provides—
"(7B) A person who knows that the property has been seized under a warrant to seize property or is the subject of a notice served under subsection (7A) must not, except with the written consent of the person executing the warrant to seize property—
(a) interfere with or dispose of that property; or
(b) deface or remove any mark attached to that property indicating that it had been so seized; or
(c) remove that property from the place at which it was situated when the notice was served.
Penalty applying to this subsection: 25 penalty units or 6 months imprisonment or both."
Signature of person executing warrant:
Date: [ insert date ]
Form 71A—Garnishee order
[ where garnishee debt is less than judgment debt, interest and judgment creditor's costs ]
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
BETWEEN A.B. Judgment creditor
and
C.D. Judgment debtor
and
E.F. Garnishee
1. The garnishee [ where appropriate insert here (after deducting therefrom $ [ insert amount ] for costs of the garnishee application)] pay to the judgment creditor without delay $ [ insert amount ], the debt due from the garnishee to the judgment debtor and if the garnishee defaults in payment, execution may issue against the garnishee
[ or where the debt is not due but accruing ]
pay to the judgment creditor $ [ insert amount ], the debt accruing from the garnishee 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. $ [ insert amount ], 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 the judgment creditor under this order in priority to the judgment debt and interest.
By the Court
Dated: [ insert date ].
Form 71B—Garnishee order
[ where garnishee debt is greater than judgment debt, interest and judgment creditor's costs ]
[ heading as in Form 71A ]
1. The garnishee pay without delay to the judgment creditor $ [ insert amount ], being so much of the debt due from the garnishee 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 ]
pay to the judgment creditor $ [ insert amount ], being so much of the debt accruing from time to time 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 $ [ insert amount ] being the garnishee's costs of the garnishee proceedings out of the balance of the debt due [ or accruing] from time to time to the judgment debtor.
By the Court
Dated: [ insert date ].
Form 72A—Attachment of earnings summons
ATTACHMENT OF EARNINGS SUMMONS
[ heading as in Form 5A ]
To [ judgment debtor ]
of [ address ]
You are summoned to attend before the Magistrates' Court at [ venue ] on the hearing of an application by [ judgment creditor ] for an order that your earnings be attached to satisfy the order against you in favour of [ judgment creditor ] made by the Court at [ venue ] on [ date ] for [ amount ], in respect of which [ amount ] is due and unpaid, being—
(a) [ amount ] due under the order;
(b) [ amount ] costs of this attachment application;
(c) [ amount ] other costs incurred subsequent to order;
(d) [ amount ] interest to date.
The application will be heard by the Court at [ venue ] at [ time ] on [ date ].
FILED: [ insert date ].
This application was filed by [ insert name of Australian lawyer ], Australian lawyer for [ identify party ].
Form 72B—Affidavit in support of application for attachment of earnings order
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER
[ heading as in Form 5A ]
I, [ name of judgment creditor ] of [ address ]
the judgment creditor, *make oath/*affirm and say that:
1. By an order dated: [ insert date ] it was ordered that [ judgment debtor ] pay me the sum of [ amount ] together with costs.
2. [ amount ] is due and unpaid in respect of the order, being—
(a) [ amount ] due under the order;
(b) [ amount ] costs of this attachment application;
(c) [ amount ] other costs incurred subsequent to order;
(d) [ amount ] interest to date.
or
[ judgment debtor ] has persistently failed to comply with an order with respect to the order made by the Court on [ date ] that [ insert terms or order not complied with ].
3. [ judgment debtor ] is employed by [ name and address of employer ] as a [ occupation ].
4. No warrant committing [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.
or
A warrant committing [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has been returned unexecuted.
*Sworn/*Affirmed, etc.
*Delete if inapplicable.
Form 72C—Judgment debtor's statement of financial position
Rules 72.02(4), 72.04(3), 72.05(5)(a)
JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL POSITION
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court Number |
| | |
|
and | |
| | |
An order was made at the Court on / /
To [ judgment debtor ]
of [ address ]
TAKE NOTICE: Complete this form by giving the information requested below. The completed forms signed by you must be sent to [ judgment creditor ] at [ address for service ] before [ day of 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.
Dated: [ insert date ].
[ Signed by judgment creditor or Australian lawyer ].
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, when last employment ceased and gross weekly amount earned:
Pension or other benefit received:
Workers' compensation received:
Other monies:
Maintenance received:
Superannuation received:
Board or rent received:
Average weekly income including any interest from banks and building societies and [ any income from ] investments in shares, 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, building society, etc.:
Cash presently in your possession:
Other investments including shares, debentures, bonds:
Money owing to you:
From , $
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 , $
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:
Payment 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
$ , to , due on
Total:
4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the 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: [ insert date ]
Form 72D—Order that judgment debtor attend for examination
ORDER THAT JUDGMENT DEBTOR ATTEND FOR EXAMINATION
[ heading as in Form 5A ]
THE COURT ORDERS that [ judgment debtor ] attend before the Court
at on [date] to be examined concerning the
means and ability of [ judgment debtor ] to comply with the order [ state
terms of order ].
By the Court
Dated: [ insert date ].
Form 72E—Order that person indebted or employer of judgment debtor give statement
ORDER THAT PERSON INDEBTED OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT
[ heading as in Form 5A ]
THE COURT ORDERS that [ name of person indebted or employer ] give to the Court on or before [ date ] a statement in writing signed by the person or on the person's behalf containing the following particulars of indebtedness to [ judgment debtor ] that became payable during the period [ insert date ] to [ insert date ].
[ complete appropriately ]
By the Court
Dated: [ insert date ].
Form 72F—Attachment of earnings order
[ heading as in Form 5A ]
THE COURT ORDERS THAT:
1. [ name ] of [ address ], the employer of [ judgment debtor ] ( the judgment debtor ) on each pay-day whilst this order is in force, subject to paragraph 2 of this order, deduct from the earnings of the judgment debtor, the sum of $ [ amount per week/fortnight/month ] ("the normal deduction rate") until a total sum of $ [ amount ] has been deducted and remit each payment made under this order to [ name and address of person to whom payments are to be made ].
2. 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, must be $ [ amount ] per [ week/fortnight/month ].
3. A deduction on a pay-day is only to be made if the net earnings of the judgment debtor exceed the protected earnings.
4. If any deduction is not made from the judgment debtor's earnings on any pay-day (or is not made in full) by reason of the protected earnings rate, the employer must make good such deduction from the excess of any subsequent earnings of the judgment debtor.
5. The employer may deduct each pay-day $ [ amount ] for clerical and administrative costs in complying with this order.
6. In the event that—
(a) you are not the employer of the judgment debtor;
(b) if you were the employer of the judgment debtor at the time of service of this order but have since ceased to be the employer—
you must give written notice of such fact (and the date you ceased to be the employer of the judgment debtor), to the registrar of the Magistrates' Court of Victoria at [ venue ] and to the judgment creditor at [ address of judgment creditor or judgment creditor's Australian lawyer ].
BY THE COURT
Dated: [ insert date ]
NOTES :
1. The first deduction required to be made under this order is on the first pay-day following 7 days after the day of service of this order.
2. "Earnings" attached by this order means, in relation to a 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, abolishment 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 Commonwealth Acts known as the Social Security Act 1991 as amended from time to time or the Veterans' Entitlements Act 1986 as amended from time to time.
3. Where you are or have been served with 2 or more attachment of earnings orders, you are required to—
(a) comply with those orders according to the respective day on which they took effect and disregard a subsequent order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were residue of the earnings of the judgment debtor after the making of any payment under an earlier order.
4. You are required to give the judgment debtor a notice specifying particulars of the payments made by you under this attachment of earnings order.
5. You are required to give the judgment debtor notice of any deductions made under paragraph 5 of this order.
WARNING :
1. It is an offence to fail to comply with an attachment of earnings order. The maximum penalty for non-compliance is 60 penalty units or 6 months imprisonment or both.
2. It is an offence to dismiss an employee or injure an employee or alter an employee's position to the prejudice of the employee because of the making of an attachment of earnings order or because of a requirement to make payments under an attachment of earnings order. The maximum penalty is 5 penalty units.
3. If you fail to comply with this order, the judgment creditor may apply to the court to have you the employer liable to pay the deductions.
Form 82A—Application for suppression order
APPLICATION FOR SUPPRESSION ORDER
[ heading as in Form 5A ]
Tel: [ insert number ]
NOTE: Pursuant to section 10(1) of the Open Courts Act 2013 , an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates.
Application for:
□ Proceeding Suppression Order
□ Broad Suppression Order
□ Other (please specify)
Grounds of application [ insert brief description of grounds of application ]:
The proceeding to which this application relates is next listed for hearing at [ venue ] on [ date ].
Dated: [ insert date ].
[ Applicant or applicant's Australian lawyer ]
NOTICE OF APPLICATION
(To be completed by the Registrar)
This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.
Dated: [ insert date ].
Form 82B—Application to review a suppression order
APPLICATION TO REVIEW A SUPPRESSION ORDER
[ heading as in Form 5A ]
Tel: [ insert number ]
This application is made by:
□ A party to the proceeding
□ The Attorney-General
□ The Attorney-General of another State or Territory or of the Commonwealth
□ A news media organisation
□ Other [ state if applicable ]:
I, [ applicant's name ] make application to review the [ type of order ] suppression order made on [ date of order ] before Magistrate [ name of Magistrate who made the order ] at the [ venue ] of the Magistrates' Court.
Grounds of application [ insert brief description of grounds for application ]:
Dated: [ insert date ].
[ Applicant or applicant's Australian lawyer ]
NOTICE OF APPLICATION
(To be completed by the Registrar)
This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.
Dated: [ insert date ].
NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act.
Appendix A amended by S.R. Nos 23/2021 rule 5, 89/2021 rule 7, 167/2021 rule 5, 54/2022 rule 11, 134/2022 rule 5, 68/2023 rule 6, 128/2023 rule 5.
Scale of costs and fees which may be claimed by Australian lawyers and counsel as between party and party as well as between Australian lawyer and client.
If in any case the Court or registrar thinks that any item is inadequate or excessive, the Court or registrar may allow a greater or lesser sum than the scale provides.
If the scale of costs does not provide for any case, the Court or registrar may allow reasonable costs.
|
Item |
Particulars of Service |
$ |
|
1. |
Claim for debt, liquidated demand or claim arising from a motor vehicle accident for costs of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is— | |
| |
(a) Less than $500 |
260 |
| |
(b) $500 to less than $5000 |
545 |
| |
(c) $5000 to less than $7500 |
668 |
| |
(d) $7500 to less than $20 000 |
804 |
| |
(e) $20 000 to less than $40 000 |
998 |
| |
(f) $40 000 to less than $70 000 |
1202 |
| |
(g) $70 000 and over |
1436 |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) | |
| |
Instructions | |
|
2. |
Instructions to make, issue or oppose an application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including instructions for any affidavit (not otherwise provided for). | |
| |
Institution of proceedings | |
|
3. |
Complaint, including instructions to sue, letter before action, attendances on counsel, copies for service, issuing, and attendances on process server. | |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
4. |
Consent of litigation guardian including preparation of memorandum, copies and obtaining signature of litigation guardian. |
|
5. |
Notices of defence to claim, counterclaim or third party notice including instructions to defend, perusal of claim, counterclaim or third party notice, reply, attendances on counsel, copies, filing and service. |
|
6. |
Counterclaim, third party notice, notice of contribution or any further pleading including instructions to issue, attendances on counsel, copies, filing and service. |
|
7. |
Perusal of notice of defence, counterclaim, third party notice or any other pleading, and notice of contribution. |
| |
Particulars |
|
8. |
Request for particulars of any document including attendances on counsel, copies, filing, service and perusal of further particulars. |
|
9. |
Further and better particulars of any documents including perusal of request, attendances on counsel, copies, filing and service. |
| |
View |
|
10. |
Attending view, including arranging view and attendance on counsel. |
|
11. |
If the attendance exceeds half an hour—for each quarter hour thereafter. |
|
12. |
Notice of discovery including filing and service. |
|
13. |
Perusal of affidavit of documents and inspection of documents. |
|
14. |
Affidavit of documents including instructions, attendances on counsel, copies, swearing, affirming, filing, service and production of documents for inspection. |
|
15. |
Notice to produce documents including filing and service. |
| |
Interrogatories |
|
16. |
Interrogatories for examination including instructions, attendances on counsel, copies, filing, service and perusal of answers. |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
17. |
Answers to interrogatories including perusal of interrogatories, instructions, attendances on counsel, copies, swearing, affirming, filing and service. |
| |
Brief to advise |
|
18. |
Brief to advise including preparation of memorandum to counsel, attendances on counsel and perusal of advice. |
| |
Notices, certificates, undertakings, etc. |
|
19. |
Any necessary notice (including notices before proceeding), certificate (including certificates before proceeding), undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service. |
|
20. |
Notice to admit including perusal of admissions, copies, filing and service. |
|
21. |
Admissions, including perusal of notice to admit, copies, filing and service. |
|
22. |
Offer of compromise or notice of acceptance of offer including copies, filing and service. |
| |
Witnesses and expert witnesses |
|
23. |
Subpoena including instructions, copies and issuing. |
|
24. |
Attendance on witness to arrange attendance to give evidence without subpoena, including reminders. |
|
25. |
Arranging examination or inspection by an expert witness and notifying party, supplying relevant documents to witness, obtaining and perusing report. |
|
26. |
Notifying party of examination or inspection arranged by opposite party. |
|
* * * * * * | |
| |
Applications |
|
28. |
Application or summons or any notice under the Judgment Debt Recovery Act 1984 including copies, issuing and affidavit of service. |
|
29. |
Application for an order under Rule 21.01 (in addition to item 1 if applicable) or 21.08 including copies and issuing. |
| | |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
29A |
To draw or settle any necessary medical panel referral documents including medical questions, lists of documents and submissions pursuant to the Accident Compensation Act 1985 etc. |
|
29B |
To draw or settle any necessary medical panel referral documents including medical questions, section 304 statements, lists of documents and submissions pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 etc. |
| |
Notice of objection |
|
30. |
Notice of objection under the Judgment Debt Recovery Act 1984 including copies, issuing and affidavit of service. |
| |
Affidavits |
|
31. |
Affidavit including attendances on counsel, copies, swearing, affirming, filing and service. |
|
32 |
Affidavit of service, including swearing or affirming and filing (not otherwise provided for). |
| |
General preparation |
|
33. |
For work necessarily and properly done in preparing for hearing and not otherwise provided for, including— |
| |
(a) taking instructions for examination of any party or witness; (b) considering the facts and the law; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and taking proofs of their evidence; (e) obtaining reports or advice from experts and maps, plans, photographs and models; (f) making search in any public office and elsewhere for relevant documents; (g) inspecting any property or place material to the proceeding; (h) perusing relevant documents; (i) general care and conduct of the proceeding. |
| |
Pre-hearing conference |
|
34. |
Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, correspondence and perusals. |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
35. |
Attendance at conference whether by counsel or Australian lawyer. |
| |
Mediation |
|
36. |
Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, all necessary correspondence, perusals, etc. |
|
37. |
Attending mediation by Australian lawyer, for first 4 hours or part thereof. |
|
38. |
For each subsequent hour. |
|
39. |
Attending mediation with counsel (where necessary) per hour. |
|
40. |
If Australian lawyer attends at a place more than 50 kilometres from the Australian lawyer's place of business, an additional fee may be allowed. |
|
41. |
The reasonable costs of a mediation held before the commencement of proceedings may be allowed. |
| |
Court attendance |
|
42. |
Attendance at Court or upon magistrate or officer of the Court on application, summons, appeal or to hear reserved judgment. |
|
43. |
Attendance of Australian lawyer without counsel at a directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer including a WorkCover directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer. |
|
44. |
Attending WorkCover mentions. |
|
45. |
Attendance at Court on hearing—Australian lawyer without counsel for the first 6 hours (including any luncheon adjournment). |
|
46. |
If attendance at Court exceeds 6 hours—for each hour thereafter. |
|
47. |
Attendance at Court by Australian lawyer on hearing with counsel for the first 3 hours. |
|
48. |
If attendance exceeds 3 hours—for each hour thereafter. |
| |
Conference with counsel |
|
49. |
Appointment and attendance per hour (when necessary). |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| |
Fees to counsel |
|
50. |
To draw or settle any necessary document including notice before action, particulars of claim or defence (including special defence), counterclaim, interrogatories etc. |
|
51. |
To confer, prepare, view or consult—per hour. |
|
52. |
To advise on evidence or give opinion. |
|
53. |
Brief on hearing for each day or part of a day. |
|
* * * * * * | |
|
55. |
Attending mediation, for the first 4 hours or part thereof. |
|
56. |
For each subsequent hour. |
|
57. |
Attending at WorkCover directions hearing. |
|
57A. |
Attending at the hearing of an application for revocation of a direction of a conciliation officer. |
| | |
|
58. |
Drawing any document or brief (where not otherwise provided for)—per folio. |
|
59. |
Typing any document or brief (where not otherwise provided for)—per folio. |
|
60. |
Copies— For the first 50 pages of photocopying in a proceeding, $2.85 per page. For any photocopying after the first 50 pages in a proceeding, 81 cents per page. |
| |
Perusals |
|
61. |
Of any document or part of a document (where not otherwise provided for)—per folio. |
|
62. |
Examination or scanning any document which is not necessary to peruse—per folio. |
| |
Correspondence |
|
63. |
Special letter. |
|
64. |
Ordinary letter (including an agency letter). |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
65. |
Circular letter. After the first, postage may be claimed as a disbursement. |
|
Attendances | |
|
66. |
Attendance—such as an attendance at the office of the registrar or on a process server or to serve or an attendance which is capable of being made by a clerk. |
|
67. |
Attendance (personal or by telephone) of an Australian lawyer or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour. |
|
68. |
Attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour. |
| |
Warrant, summons, etc. |
|
69. |
Warrant to seize property or of delivery including instructions, preparation and issuing. |
|
70. |
Summons for oral examination, including instructions, preparation of summons and affidavit, issuing, arranging service, forwarding summons and affidavit to registrar with letter. |
|
71. |
Proceedings for attachment of debts including all professional costs. |
|
72. |
Summons for attachment of earnings, including instructions, preparation of summons, affidavit and Form 72A, issuing summons, arranging service, forwarding summons and affidavit to registrar with a letter (including affidavit of service). |
|
73. |
Form 72F, including preparation, filing and service. |
|
74. |
Order to attend or to give a statement under Rule 72.04 including preparation, issuing and arranging service. |
|
75. |
Registration of interstate judgment. |
| |
Service |
|
76. | |
|
77. |
For service of Court documents on each person to be served where service is effected by post or by leaving at a document exchange. |
|
78. |
For every necessary visit made in attempting service of Court documents and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit. |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
|
79. |
In addition to the abovementioned service fees an allowance at the rate of 81 cents for each 1 kilometre in respect of any distance measured both ways from the nearest court house or other building where the Court is held, or the residence of the person who served the court document, whichever is the closer, to the place of service or attempted service of the document. |
| |
Notes to items 76 to 79 inclusive: A In these items Court documents include complaint, summons, application or other document used in a court proceeding. B A registrar, upon application made before service of any Court document, may fix and indorse on the document an amount representing an allowance calculated at 81 cents for each kilometre of the distance both ways by the shortest practicable route, from the nearest court house or other building where the Court is held, or the residence of the process server, whichever is the closer to the place of service and the Court in assessing costs on the hearing must have regard to the amount so fixed and indorsed. C For service of 2 or more Court documents in the same proceeding on the same person who was or could have been served at the same time and place, only one service fee must be allowed. D For service of a Court document in the same proceeding on 2 or more persons who were or could have been served at the same time and place, only one service fee shall be allowed. E No costs shall be allowed for service of any Court document where service has been effected by an employee of the plaintiff or defendant, unless the Court is satisfied by evidence on oath or affirmation or affidavit that the employee is exclusively engaged on the service of legal process for the employer. |
| |
Substituted service |
|
80. |
Order for substituted service including all professional costs. |
|
81. |
If an advertisement in lieu of service is ordered, the necessary and reasonable costs of the advertisement in addition. |
|
Item |
Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| |
Witnesses' expenses |
|
82. |
Subject to item 82A, witnesses giving evidence in an expert or professional capacity, up to $335 per hour or part thereof, but not to exceed $2359 per day. Other witnesses—up to $83 per hour or part thereof, but not to exceed $416 per day. |
|
82A. |
Witnesses giving evidence in the capacity of motor vehicle loss assessors, up to $176 per hour or part thereof, but not to exceed $961 per day. |
| |
Circuit fees |
|
83. |
(a) A circuit fee may be charged by counsel where the claim or the counterclaim is $40 000 or more. No circuit fee may be charged where the claim or the counterclaim is less than $40 000, unless the Court otherwise orders; |
| |
(b) A circuit fee must be calculated on the same basis as a fee for counsel on the hearing of a proceeding; |
| |
(c) Any circuit fee allowed under paragraph (a) or (b) must be in accordance with Schedule 1 to Appendix A of the Scale of Costs in Chapter I of the Rules of the County Court unless the circuit town appears in Table 2, in which case Table 2 applies. Whether or not Appendix A or Table 2 applies, not more than one circuit fee must be allowed in any one day in relation to any proceeding or matter; |
| |
(d) A circuit fee may be charged by a mediator who conducts a mediation following a referral of a proceeding or part of a proceeding to mediation. A circuit fee may also be charged for a pre-issue mediation held in accordance with a Practice Direction. A circuit fee may only be charged by a mediator with the agreement of the parties to the mediation. |
| |
Interpreter Allowances |
|
84. |
Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel— (a) per hour or part thereof reasonably absent from professional rooms or place of business—$74 (b) but in any event not to exceed in any one day—$515. |
|
85. |
(a) for absence from place of residence or business for 4 hours or less—$294 (b) and for each hour or part thereof in excess of 4 hours—$74 (c) but in any event not to exceed in any one day—$515. |
|
For the purposes of items 84 and 85, the Magistrates' Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter. Notwithstanding anything in the above scale, the Magistrates' Court may allow an increased amount to a professional interpreter in special circumstances. | |
Table 1
( Costs in dollars for items 2 to 80 )
|
|
A
|
B $500 |
C $5000 |
D $7500 |
E $20 000 |
F $40 000 to less |
G
|
|---|---|---|---|---|---|---|---|
|
2. |
90 |
90 |
90 |
133 |
169 |
200 |
232 |
|
3. |
260 |
546 |
670 |
805 |
999 |
1204 |
1440 |
|
4. |
n/a |
n/a |
194 |
256 |
260 |
278 |
294 |
|
5. |
120 |
258 |
320 |
382 |
476 |
572 |
687 |
|
6. |
139 |
287 |
352 |
421 |
520 |
628 |
752 |
|
7. |
62 |
62 |
62 |
62 |
62 |
62 |
62 |
|
8. |
91 |
205 |
249 |
297 |
371 |
443 |
527 |
|
9. |
83 |
173 |
206 |
249 |
308 |
372 |
445 |
|
10. |
n/a |
n/a |
208 |
289 |
313 |
352 |
394 |
|
11. |
n/a |
n/a |
22 |
59 |
59 |
59 |
59 |
|
12. |
59 |
97 |
120 |
142 |
180 |
210 |
244 |
|
13. |
73 |
139 |
163 |
202 |
253 |
301 |
355 |
|
14. |
145 |
303 |
372 |
445 |
563 |
664 |
788 |
|
15. |
59 |
91 |
120 |
145 |
180 |
210 |
244 |
|
16. |
117 |
243 |
294 |
352 |
442 |
526 |
608 |
|
17. |
156 |
332 |
423 |
508 |
628 |
756 |
895 |
|
18. |
n/a |
n/a |
208 |
289 |
313 |
352 |
393 |
|
19. |
58 |
103 |
121 |
146 |
182 |
212 |
257 |
|
20. |
156 |
156 |
156 |
212 |
269 |
326 |
387 |
|
21. |
156 |
156 |
156 |
212 |
269 |
326 |
387 |
|
22. |
133 |
133 |
133 |
200 |
249 |
297 |
355 |
|
23. |
30 |
50 |
68 |
68 |
90 |
108 |
127 |
|
24. |
29 |
31 |
31 |
51 |
56 |
64 |
76 |
|
25. |
83 |
86 |
87 |
130 |
163 |
194 |
232 |
|
26. |
16 |
16 |
16 |
62 |
80 |
97 |
116 |
|
* * * * * * |
|
28. |
50 |
112 |
121 |
139 |
172 |
205 |
242 |
|
29. |
54 |
54 |
54 |
54 |
54 |
54 |
54 |
|
29A. |
118 |
220 |
297 |
332 |
445 |
533 |
619 |
|
29B. |
118 |
220 |
297 |
332 |
445 |
533 |
619 |
|
30. |
53 |
53 |
53 |
53 |
53 |
53 |
53 |
|
31. |
117 |
243 |
294 |
352 |
442 |
520 |
607 |
|
32. |
51 |
51 |
51 |
51 |
51 |
51 |
51 |
|
33. |
473 |
1546 |
1909 |
2293 |
2868 |
4145 |
6445 |
|
34. |
114 |
350 |
468 |
566 |
701 |
843 |
965 |
|
35. |
206 |
369 |
567 |
701 |
876 |
1057 |
1232 |
|
36. |
114 |
343 |
468 |
566 |
688 |
826 |
947 |
|
37. |
206 |
396 |
567 |
701 |
864 |
1039 |
1211 |
|
38. |
60 |
112 |
141 |
164 |
213 |
258 |
300 |
|
39. |
60 |
112 |
141 |
164 |
213 |
258 |
300 |
|
40. |
refer to item 40 | ||||||
|
41. |
refer to item 41 | ||||||
|
42. |
121 |
274 |
338 |
411 |
511 |
614 |
732 |
|
43. |
206 |
396 |
568 |
704 |
882 |
1061 |
1234 |
|
44. |
185 |
185 |
185 |
185 |
185 |
185 |
185 |
|
45. |
436 |
876 |
1322 |
1584 |
1981 |
2366 |
2754 |
|
46. |
94 |
173 |
206 |
253 |
313 |
376 |
441 |
|
47. |
199 |
338 |
422 |
508 |
628 |
756 |
873 |
|
48. |
60 |
112 |
141 |
165 |
205 |
249 |
291 |
|
49. |
60 |
121 |
155 |
197 |
246 |
295 |
347 |
|
50. |
79 |
146 |
190 |
221 |
286 |
343 |
397 |
|
51. |
79 |
146 |
190 |
221 |
286 |
343 |
397 |
|
52. |
n/a |
n/a |
252 |
383 |
413 |
462 |
692 |
|
53. |
522 |
1170 |
1577 |
1891 |
2359 |
2834 |
3095 |
|
* * * * * * |
|
55. |
215 |
421 |
597 |
737 |
924 |
1110 |
1294 |
|
56. |
65 |
118 |
145 |
173 |
234 |
275 |
323 |
|
57. |
219 |
426 |
605 |
748 |
939 |
1128 |
1355 |
|
57A. |
748 |
748 |
748 |
748 |
748 |
748 |
748 |
|
58. |
5.40 |
12.80 |
12.80 |
14.10 |
16.40 |
18.70 |
25.40 |
|
59. |
3.50 |
3.50 |
3.50 |
3.50 |
3.50 |
3.50 |
3.50 |
|
60. |
refer to item 60 | ||||||
|
61. |
3.40 |
3.40 |
3.40 |
3.40 |
3.40 |
3.40 |
3.40 |
|
62. |
1.60 |
1.60 |
1.60 |
1.60 |
1.60 |
1.60 |
1.60 |
|
63. |
51 |
51 |
51 |
51 |
51 |
51 |
51 |
|
64. |
35 |
35 |
35 |
35 |
35 |
35 |
35 |
|
65. |
19 |
19 |
19 |
19 |
19 |
19 |
19 |
|
66. |
35 |
35 |
35 |
35 |
35 |
35 |
35 |
|
67. |
60 |
60 |
60 |
60 |
60 |
60 |
60 |
|
68. |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
|
69. |
67 |
138 |
163 |
205 |
257 |
308 |
362 |
|
70. |
69 |
165 |
200 |
220 |
279 |
338 |
393 |
|
71. |
199 |
398 |
448 |
537 |
668 |
799 |
1047 |
|
72. |
355 |
503 |
541 |
679 |
849 |
1017 |
1334 |
|
73. |
60 |
104 |
121 |
146 |
182 |
212 |
246 |
|
74. |
60 |
104 |
121 |
146 |
182 |
212 |
246 |
|
75. |
90 |
90 |
90 |
133 |
133 |
133 |
133 |
|
76. |
86 |
86 |
86 |
86 |
86 |
86 |
86 |
|
77. |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
|
78. |
59 |
59 |
59 |
59 |
59 |
59 |
59 |
|
79. |
refer to item 79 | ||||||
|
80. |
176 |
318 |
377 |
444 |
560 |
660 |
768 |
Table 2—Circuit fees
|
Circuit town |
Fee for each day or part of day |
|---|---|
|
Ararat |
606 |
|
Benalla |
642 |
|
Colac |
509 |
|
Echuca |
642 |
|
La Trobe Valley |
498 |
|
Mansfield |
509 |
|
Portland |
702 |
|
Stawell |
642 |
|
Swan Hill |
642 |
* * * * *
Appendix B—Civil Registry Courts—Filing of complaints under Workers Compensation Act 1958 or Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013
If the place where the subject matter of the complaint arose or the place of residence of the defendant is—
(a) within the metropolitan area (being the inner urban, southern suburbs, northern and eastern suburbs and western suburbs regions)—Melbourne Magistrates' Court;
(b) within the Western Districts region—Geelong, Ballarat or Warrnambool Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(c) within the Wimmera-Mallee region—Bendigo or Mildura Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(d) within the Upper Murray region—Wangaratta Magistrates' Court;
(e) within the Gippsland region—Latrobe Valley Magistrates' Court.
Appendix C—Civil Registry Courts—Filing of complaints in proceedings to which the Trans‑Tasman Proceedings Act 2010 of the Commonwealth applies
|
Bairnsdale |
Heidelberg |
Seymour |
|
Ballarat |
Horsham |
Shepparton |
|
Bendigo |
Latrobe Valley |
Wangaratta |
|
Broadmeadows |
Melbourne |
Warrnambool |
|
Dandenong |
Mildura |
Werribee |
|
Echuca |
Moorabbin Justice Centre |
Wodonga |
|
Frankston |
Ringwood | |
|
Geelong |
Sale | |
Schedule—Revoked Statutory Rules
REVOKED STATUTORY RULES
|
S.R. No . |
Title |
|---|---|
|
140/2010 |
Magistrates' Court General Civil Procedure Rules 2010 |
|
152/2010 |
Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 |
|
36/2011 |
Magistrates' Court General Civil Procedure (Amendment No. 2) Rules 2011 |
|
149/2011 |
Magistrates' Court General Civil Procedure (Scale of Costs and Fees Amendment) Rules 2011 |
|
2/2012 |
Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 |
|
28/2012 |
Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 |
|
109/2012 |
Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 |
|
110/2012 |
Magistrates' Court General Civil Procedure (Trans-Tasman Proceedings Amendment) Rules 2012 |
|
158/2012 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Scale of Costs and Other Amendments) Rules 2012 |
|
35/2013 |
Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013 |
|
89/2013 |
Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 |
|
155/2013 |
Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 |
|
178/2013 |
Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2013 |
|
11/2014 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014 |
|
70/2014 |
Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 |
|
105/2014 |
Magistrates' Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 |
|
180/2014 |
Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2014 |
|
3/2015 |
Magistrates' Court General Civil Procedure (Forms and Related Amendments) Rules 2015 |
|
163/2015 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2015 |
|
164/2015 |
Magistrates' Court (Chapter I Miscellaneous Amendments) Rules 2015 |
|
17/2016 |
Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2016 |
|
82/2016 |
Magistrates' Court General Civil Procedure (Expert Witness Code Amendment) Rules 2016 |
|
135/2016 |
Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 |
|
137/2016 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2016 |
|
103/2017 |
Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2017 |
|
128/2017 |
Magistrates' Court General Civil Procedure and Miscellaneous Proceedings (Costs Amendment) Rules 2017 |
|
158/2018 |
Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2018 |
|
159/2018 |
Magistrates' Court General Civil Procedure Amendment (Service Out of Jurisdiction) Rules 2018 |
|
167/2018 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2018 |
|
32/2019 |
Magistrates' Court General Civil Procedure Amendment Rules 2019 |
|
49/2019 |
Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019 |
|
144/2019 |
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2019 |
Dated: 20 October 2020
LISA HANNAN,
Chief Magistrate
FELICITY BROUGHTON,
Deputy Chief Magistrate
SUSAN WAKELING,
Deputy Chief Magistrate