SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015

Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - SCHEDULE

Schedule

The documents and things you must produce are as follows:

[ If insufficient space attach list ]

Notes

Leave to serve subpoena

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 Prothonotary 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 Prothonotary 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 Prothonotary 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 Prothonotary, 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 Prothonotary 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 not applicable.

Form 7AC—Subpoena to give evidence and
produce documents (New Zealand)

Rule 7A.07(c)

SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)

No. of 20

IN THE SUPREME COURT OF VICTORIA

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 Supreme 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 Supreme Court of Victoria that you be paid the additional amount you incurred.

4. You may apply to the Supreme 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

(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;

(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 Supreme 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 Prothonotary 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 SUPREME COURT OF VICTORIA

APPLICANT[S] [ Name of Applicant(s )]

RESPONDENT[S] [ Name of Respondent(s )]

TO: [ name and address ]

You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).

Please read Notes 1 to 16 at the end of this subpoena .

The last date for service of this subpoena is [ date ]. (See Note 2)

Date:

Signed by Prothonotary

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 Prothonotary 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:

The Prothonotary

Supreme Court of Victoria

[ address ]

Schedule

The documents and things you must produce are as follows:

[ If insufficient space attach list ]

Notes

Leave to serve subpoena

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

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

(a) the Prothonotary 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.

Production of a number of documents or things

8. If you produce more than one document or thing, you must, if requested by the Prothonotary, 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 Prothonotary may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

Loss or expense of compliance

Banker's book

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).

*Delete if not applicable.

Form 7AD—Certificate of non-compliance with subpoena (New Zealand)

Rule 7A.10

CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA (NEW ZEALAND)

No. of 20

IN THE SUPREME COURT OF VICTORIA

APPLICANT[S] [ Name of Applicant(s )]

RESPONDENT[S] [ Name of Respondent(s )]

TO THE HIGH COURT OF NEW ZEALAND

The Supreme 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.

*An application to set aside the subpoena was dismissed by order made on [ insert date ]. A copy of this order is annexed to this certificate.

Date:

Signed

*Delete if not applicable.

Filed on behalf of [ name and role of party ]

Prepared by [ name of person/lawyer ]

Law firm [ if applicable ]

Tel Fax

Address for service
[ include State and postcode ]

Form 8A amended by S.R. No. 32/2017 rule 16.

Form 8A—Notice of appearance

Rule 8.05(1)

NOTICE OF APPEARANCE

[ heading as in originating process ]

FILE an appearance for [ full name of defendant ] the abovenamed defendant.

Dated:

[ Signed ]

The address of the defendant is

[ insert address ].

*[ Where the Service and Execution of Process Act 1992 of the Commonwealth applies ] The address for service of the defendant within Australia is [ insert address ].

*[ Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies ] The address for service of the defendant in Australia or New Zealand is [ insert address ].

*[ Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria ] The address of the defendant within Victoria for service is [ insert address ].

*[ Where neither of those Acts applies and the defendant appears by a solicitor ] The name or firm and the business address within Victoria of the solicitor for the defendant is [ insert name or firm and business address ].

*[ Where neither of those Acts applies and the solicitor is an agent of another ] The name or firm and business address of the principal is [ insert name or firm and business address ].

The email address for service of the defendant is

*delete if not applicable.

Forms 8AB, 8AC revoked by S.R. No. 58/2018 rule 26.

* * * * *

Form 8B—Notice of conditional appearance

Rule 8.08(2)

NOTICE OF CONDITIONAL APPEARANCE

[ heading as in originating process ]

FILE a conditional appearance for [ full name of defendant ] the abovenamed defendant.

Dated [ insert date ].

[ Signed ]

[ continue as in Form 8A ]

Form 10A amended by S.R. No. 21/2023 rule 10.

Form 10A—Heading and notice on counterclaim where defendant new party

Rule 10.04(5)

HEADING AND NOTICE ON COUNTERCLAIM WHERE DEFENDANT NEW PARTY

IN THE SUPREME COURT
OF VICTORIA

20 No.

BETWEEN

A . B .

Plaintiff

and

C . D .

Defendant

(by original proceeding)

AND BETWEEN

C . D .

Plaintiff

and

A . B . and E . F .

Defendants

(by counterclaim)

To E . F .
of [ address ]

TAKE NOTICE that this proceeding has been brought against you by the defendant for the claim set out in this counterclaim.

IF YOU INTEND TO DEFEND the claim YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.

YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by:

(a) filing a "Notice of Appearance" with the Prothonotary by submitting the Notice of Appearance for filing electronically in RedCrest or in person at the Principal Registry, 450 Little Bourke Street, Melbourne. See www.supremecourt.vic.gov.au; and

(b) on the day you file the Notice, serving a copy, sealed by the Court, at the defendant's address for service, which is set out at the end of the counterclaim.

IF YOU FAIL to file an appearance within the proper time, the defendant may OBTAIN JUDGMENT AGAINST YOU on the counterclaim without further notice.

*THE PROPER TIME TO FILE AN APPEARANCE is as follows—

(a) where you are served with the counterclaim in Victoria, within 10 days after service;

(b) where you are served with the counterclaim out of Victoria and in another part of Australia, within 21 days after service;

(d) where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e) in any other case, within 42 days after service of the counterclaim.

COUNTERCLAIM

[ Set out in separate, consecutively numbered paragraphs all the material facts relied upon for the counterclaim and state precisely the relief claimed .]

The address of the defendant is:

The address for service of the defendant is:

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Strike out this paragraph where order made fixing time for appearance and substitute "THE PROPER TIME TO FILE AN APPEARANCE is within days after service on you of this counterclaim."]

Form 10B—Notice of appearance to counterclaim

Rule 10.04(6)

NOTICE OF APPEARANCE TO COUNTERCLAIM

[ heading as in Form 10A ]

FILE an appearance for [ full name of defendant to counterclaim ] the abovenamed defendant to the counterclaim of the defendant.

Dated [ insert date ].

[ Signed ]

[ continue as in Form 8A ]

Form 11A amended by S.R. Nos 32/2017 rule 17, 21/2023 rule 11.

Form 11A—Third party notice

Rule 11.15(4)(a)

THIRD PARTY NOTICE

IN THE SUPREME COURT 20 No.
OF VICTORIA

BETWEEN A.B. Plaintiff

and

C.D. Defendant

and

E.F. Third Party

To E . F .
of [ address ]

TAKE NOTICE that the plaintiff has brought this proceeding against the defendant for the claim set out in the writ and statement of claim [or originating motion and affidavit[s]] served herewith.

AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the grounds set out in the defendant's defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice.

IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.

YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by:

(b) on the day you file the Notice, serving a copy, sealed by the Court, at the defendant's address for service, which is set out at the end of this notice.

IF YOU FAIL to file an appearance within the proper time you will be taken to admit the validity of any judgment against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN JUDGMENT AGAINST YOU without further notice.

*THE PROPER TIME TO FILE AN APPEARANCE is as follows—

(a) where you are served with the notice in Victoria, within 10 days after service;

(b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service;

(d) where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e) in any other case, within 42 days after service of the notice.

FILED [ insert date ].

Prothonotary

Page 2

STATEMENT OF CLAIM

[ Set out in separate, consecutively numbered paragraphs all the material facts relied upon for the claim against the third party and state precisely the relief claimed .]

Page 3

1.** This notice was filed—

(a) by the defendant in person;

(b) for the defendant by [ name of firm of solicitor ], solicitor, of [ business address of solicitor ];

(c) for the defendant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].

2. The address of the defendant is—

3. The address for service of the defendant is—

3A. The email address for service of the defendant is—

4. The address of the third party is—

** [ Complete or strike out as appropriate. ]

Form 11B—Notice by one tortfeasor claiming contribution against another

Rule 11.15(5)

NOTICE BY ONE TORTFEASOR CLAIMING CONTRIBUTION AGAINST ANOTHER

[ heading as in originating process ]

TO THE DEFENDANT

TAKE NOTICE that the plaintiff has brought this proceeding against the defendants to recover damages for loss sustained [e.g. as the result of a collision between a motor car driven by you and a motor car driven by the defendant , which is alleged to have been caused by the negligence of the defendants].

AND TAKE NOTICE that the defendant claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover herein against the defendant to the extent of such amount as may be found by the Court to be just and equitable having regard to the extent of your responsibility for such damages [ e . g . on the ground that your negligence contributed to the happening of the collision].

FILED [ insert date ]

Prothonotary

Form 11C amended by S.R. No. 15/2017 rule 11, revoked by S.R. No. 58/2018 rule 26.

* * * * *

Form 12A—Notice of claim to goods taken in execution

Rule 12.05(1)(b)

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION

[ heading as in originating process ]

To the [ judgment creditor ]
of [ address ]

TAKE NOTICE that A . B . has claimed the goods [or certain goods] [ where only certain goods are claimed here enumerate them ] taken in execution by the sheriff under the warrant of execution issued in this proceeding.

WITHIN five days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of A . B . to the goods.

IF you do not within the period of five days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of five days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given.

Dated [ insert date ].

Sheriff

Form 15A—Order approving compromise of claim of minor

Rule 15.08(6)

ORDER APPROVING COMPROMISE OF CLAIM OF MINOR

[ heading as in originating process ]

[ other particulars as in Form 60C ]

JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

[ state whether on application by summons before trial with date of summons, or at trial with date of commencement of trial ]

ATTENDANCE:

OTHER MATTERS:

1. The plaintiff was born on [insert date of birth ].

2. By a compromise entered into on 20 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 20 .

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

1. [ where order is made by a Judge of the Court ] There be special leave for the application to be made to a Judge of the Court.

2. The compromise be approved.

3. The defendant within days after service of a copy of this order on the defendant's solicitors pay $ to the Senior Master for the benefit of the plaintiff [where appropriate and $ to the solicitors for the plaintiff, to be disbursed or retained by them in payment of the items totalling $ referred to in the affidavit of dated 20 ].

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 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:

Prothonotary

Form 15B—Order approving compromise of
claim under Part III of Wrongs Act for benefit of minor

Rule 15.08(6)

ORDER APPROVING COMPROMISE OF CLAIM UNDER PART III OF WRONGS ACT FOR BENEFIT OF MINOR

[ heading as in originating process ]

[ other particulars as in Form 60C ]

JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

[ state whether on application by summons before trial with date of summons, or at trial with date of commencement of trial ]

ATTENDANCE:

OTHER MATTERS:

1. The dates of birth of the minors on whose behalf the proceeding is brought are:

[name] [date of birth] .

[name] [date of birth].

2. By a compromise entered into on 20 the defendant proposes to pay and the plaintiff desires to accept [ where appropriate $ for the plaintiff and] $ and $ for and , respectively, the minors referred to above 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 20 .

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

1. [ where order is made by a Judge of the Court ] There be special leave for the application to be made to a Judge of the Court.

2. The compromise be approved.

3. The defendant within days after service of a copy of this order on the defendant's solicitors pay [where appropriate $ to the solicitors for the plaintiff, being $ for the plaintiff and the balance of $ to be disbursed or retained by them in payment of the items referred to in the affidavit
of dated 20 and] $ to the Senior Master for the benefit of the minors referred to above, being $ for the benefit of and $ for the benefit of .

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 invest $ and $ for and respectively, each sum to be paid out with the interest accrued thereon to the minor for whose benefit it was invested upon his or her attaining the age of 18 years.

[ continue as in Form 15A ]

Form 18AA—Notice of consent to be a group member

Rule 18A.02

NOTICE OF CONSENT TO BE A GROUP MEMBER

[ heading as in originating process ]

To: The Plaintiff and the Defendant

TAKE NOTICE THAT [ insert name of person ], a person referred to in section 33E(2) of the Supreme Court Act 1986 , consents to be a group member in this proceeding.

Dated: [ insert date ]

[ Signed ]

Signature of person consenting or that person's solicitor

Address of person consenting:

Position of person consenting:

Form 18AB—Notice of opting out by group member

Rule 18A.04

NOTICE OF OPTING OUT BY GROUP MEMBER

[ heading as in originating process ]

To: The Prothonotary

The Plaintiff

The Defendant

I, [ name ], a group member in the above group proceeding, give notice under section 33J(2) of the Supreme Court Act 1986 that I am opting out of this proceeding.

Dated: [ insert date ]

[ Signed ]

Signature of group member or the group member's solicitor:

Address of group member:

Form 19A—Notice of a constitutional matter

Rule 19.02(3)

NOTICE OF A CONSTITUTIONAL MATTER

[ heading as in originating process ]

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 Prothonotary

And to

Form 28A revoked by S.R. No. 58/2018 rule 26.

* * * * *

Form 29A—Notice for discovery

Rule 29.02(2)

NOTICE FOR DISCOVERY

[ heading as in originating process ]

To the [ identify party ]

You are required to make discovery of documents within 42 days after service of this notice on you.

Dated [ insert date ].

[ Signed ]

Form 29B—Affidavit of documents

Rule 29.04

AFFIDAVIT OF DOCUMENTS

[ heading as in originating process ]

I, the abovenamed , make oath and say as follows:

1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered.

2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground—

(a) as to documents numbered 4 to 6, that
[ state the ground ];

(b) as to document numbered 7, that
[ state the ground ].

3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered.

4. Document numbered 8, referred to in Schedule 2, was last in my possession, custody or power on [ state when ] and I believe that [ state belief as to what has become of it ].

5. To the best of my knowledge, information and belief neither I nor my solicitor nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2.

*6. In making a reasonable search as required by Rule 29.01.1 of Chapter I of the Rules of the Supreme Court, I did not search for the following category or class of document [ specify which category or class of document for which no search was made ].

*7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [ specify reason ].

[ Describe each document in the Schedules as original or copy .]

SCHEDULE 1

Part 1

Part 2

SCHEDULE 2

Sworn, etc.

*Delete if not applicable.

Form 29C—Notice to produce

Rules 29.09(3), 29.10(5)

NOTICE TO PRODUCE

[ heading as in originating process ]

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 [ writ, pleading, particulars, affidavit, etc .] [ describe documents required ].

Dated [ insert date ].

[ Signed ]

Form 29D—Notice of default in making discovery of documents

Rule 29.12.1(2)

NOTICE OF DEFAULT IN MAKING DISCOVERY OF DOCUMENTS

[ heading as in originating process ]

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 7 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

Rule 30.09.1(2)

NOTICE OF DEFAULT IN ANSWERING INTERROGATORIES

[ heading as in originating process ]

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 7 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 35A—Notice to admit

Rules 35.03(4), 35.05(4)

NOTICE TO ADMIT

[ heading as in originating process ]

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
disputing any fact specified [ or the authenticity of any document mentioned] below, that fact [or the authenticity of that document] shall, for the purpose of this proceeding only, be taken to be admitted by you in favour of the . 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 shall pay the costs of proof, unless the Court otherwise orders.

2. [specify each fact ]

1. [mention each document ]

Dated [ insert date ].

[ Signed ]

Form 35B—Notice of dispute

Rules 35.03(4), 35.05(4)

NOTICE OF DISPUTE

[ heading as in originating process ]

To the [ identify party ]

The disputes the following facts specified in the 's notice dated [ insert date of notice ].

[ identify each fact ]

The disputes the authenticity of the following documents mentioned in the 's notice dated [insert date of notice].

[ identify each document ]

Dated [ insert date ].

[ Signed ]

Form 37AA—Freezing order

Rule 37A.02

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, SEQUESTRATION OF PROPERTY 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 Justice [ insert name of Judge ] 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.

THE COURT ORDERS:

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 Justice [ insert name of Judge ] 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;

(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;

(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 ] 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 [ ] working days after being served with this order, swear 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.

(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 sub-paragraphs (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 two 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 solicitor and the solicitor 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 sub-paragraph (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 sub-paragraph (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 ⁵the 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 $ 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 e-mail ]

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

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

Rule 37B.02

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, SEQUESTRATION OF PROPERTY 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 Justice [ insert name of Judge ] 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 solicitor has given to the Court the applicant's solicitor's undertakings set out in Schedule B to this order.

Each independent solicitor has given to the Court the independent solicitor'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.

THE COURT ORDERS:

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 Justice [ insert name of Judge ].

3. You may apply to the Court at any time to vary or discharge this order including, if necessary, by telephone to the Judge referred to in the immediately preceding paragraph (telephone no. ) or to the Judge in the Practice Court (telephone no. ).

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 solicitor " means the person identified as the independent solicitor 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 shall 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

7. This order must be served by, and be executed under the supervision of, the independent solicitor.

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 solicitor to remove from the premises into the independent solicitor's custody—

(i) the listed things or things which reasonably appear to the independent solicitor 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 solicitor 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 solicitor 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 solicitor explain the terms of this order to you.

12. Before permitting entry to the premises by anyone other than the independent solicitor, you, for a time (not to exceed two hours from the time of service or such longer period as the independent solicitor 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 solicitor 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 solicitor in (if you wish) a sealed envelope or container.

13. Subject to paragraph 22 below, the independent solicitor must not inspect or permit to be inspected by anyone, including the applicant and the applicant's solicitors, any thing handed to the independent solicitor in accordance with paragraphs 12(c) and (d) above and the independent solicitor 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 solicitor informed of the steps being taken;

(b) permit the independent solicitor to enter the premises but not to start the search;

(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 solicitor 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 solicitor 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 solicitors a copy of the list signed by the independent solicitor.

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 solicitor to be your director, officer, partner or employee, agent or other person acting on your behalf or on your instructions.

18. If the independent solicitor is satisfied that full compliance with the immediately preceding paragraph is not reasonably practicable, the independent solicitor may permit the search to proceed and the listed things to be removed without full compliance.

19. The applicant's solicitors and the independent solicitor 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 solicitors (" 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 solicitor, together with a report of what the independent computer expert has done including a list of such electronic and hard copies.

(f) The independent solicitor 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 solicitor 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 solicitor 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.

(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 solicitor or representative shall be entitled, in the presence of the independent solicitor, to inspect any thing removed from the premises and to—

(a) make copies of the same; and

(b) provide the independent solicitor 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 [ ] working days after being served with this order, swear 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.

(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

Premises

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

Search Party

1. The independent solicitor: [ insert name and address ]

2. The applicant's solicitor or solicitors:

(a) [ insert name and address ] [or description e.g. a partner or employed solicitor] of [ name of firm ];

(b) [ insert name and address ] [or description e.g. a partner or employed solicitor] 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:

(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 ³—

(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.]

Undertakings given to the Court by the applicant's solicitor:

(1) The applicant's solicitor will pay the reasonable costs and disbursements of the independent solicitor and of any independent computer expert.

(2) The applicant's solicitor will provide to the independent solicitor for service on the respondent copies of this order and the documents which are listed in Schedule C.

(3) The applicant's solicitor will answer at once to the best of his or her ability any question as to whether a particular thing is a listed thing.

(4) The applicant's solicitor will use his or her 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 solicitor 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 solicitor 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 solicitor will not disclose to the applicant any information that the solicitor acquires during or as a result of execution of the search order, without leave of the Court.

(8) The applicant's solicitor will use his or her best endeavours to follow all directions of the independent solicitor.

Undertakings given to the Court by the independent solicitor:

(1) The independent solicitor 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 solicitor or solicitors.

(2) Before entering the premises, the independent solicitor 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 his or her right to take legal advice.

(3) Subject to undertaking (4) below, the independent solicitor will retain custody of all things removed from the premises by the independent solicitor 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 solicitor will provide a written report on the carrying out of the order to the Court and provide a copy to the applicant's solicitors and to the respondent or the respondent's solicitors. 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 solicitor will use his or her 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 solicitor 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 solicitor 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 his or her 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 solicitor.

SCHEDULE C

DOCUMENTS THAT MUST BE SERVED WITH THIS ORDER

The following affidavits and exhibits to them:

Name of deponent

Date affidavit was made

Exhibits numbered

(1)

(2)

(3)

The following written submissions put to the Court:

Other documents provided to the Court:

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

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

The summons [draft summons] produced to the Court:

NAME AND ADDRESS OF APPLICANT'S SOLICITORS

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

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

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

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

3 See Practice Note paragraph 18.

Form 39A—Deed of guarantee

Rule 39.05(b)

DEED OF GUARANTEE

[ heading as in originating process ]

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

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

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

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

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

Guarantee for $ . Annual premium $ .

The Common Seal of)

was)

affixed to this deed in)

the presence of)

Form 41A—Order for examination within Victoria

Rule 41.01(2)

ORDER FOR EXAMINATION WITHIN VICTORIA

[ heading as in originating process ]

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

Form 41B amended by S.R. No. 21/2023 rule 12.

Form 41B—Order for examination out of Victoria

Rule 41.01(2)

ORDER FOR EXAMINATION OUT OF VICTORIA

[ heading as in originating process ]

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

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

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

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

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

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

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

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

Form 41C—Order for letter of request to judicial authority out of Victoria

Rule 41.01(3)

ORDER FOR LETTER OF REQUEST TO JUDICIAL AUTHORITY OUT OF VICTORIA

[ heading as in originating process ]

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

1. A letter of request issue directed to the proper judicial authority for the examination of the following witnesses, namely:

E . F . of [ address ]

G . H . of [ address ]

2. The depositions taken of the examination be filed in the office of the Prothonotary.

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

4. The costs of this application and the letter of request and examination be costs in the proceeding.

Form 41D amended by S.R. No. 38/2019 rule 7.

Form 41D—Letter of request for examination of witness

Rule 41.13(2)

LETTER OF REQUEST FOR EXAMINATION OF WITNESS

[ heading as in originating process ]

To [the competent judicial authority] of .

A civil proceeding is now pending in the Supreme Court of the State of Victoria in which is plaintiff and defendant and in which the plaintiff claims .

And it has been represented to the Court that it is necessary for the purposes of justice and for the due determination of the questions in dispute between the parties in the proceeding that the following persons should be examined as witnesses upon oath or affirmation touching such questions, namely, of and of and it appears that such witnesses are resident within your jurisdiction.

Now I *a Judge/*an Associate Judge/*a judicial registrar of the Supreme Court of the State of Victoria request that for the reasons set out above and for the assistance of the Court you will be pleased to summon the said witnesses [and such other witnesses as the agents of the said plaintiff and defendant humbly request you in writing so to summon] to attend at such time and place as you appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined orally [or upon the interrogatories which accompany this letter of request] touching the said questions in the presence of the agents of the plaintiff and defendant or such of them as attend the examination on due notice given.

And I further request that you will permit the agents of both the plaintiff and the defendant or such of them as are present to examine [upon interrogatories and orally upon the subject matter thereof or arising out of the answers thereto] such witnesses as are, after due notice in writing, produced on their behalf, and the other party to cross-examine the said witnesses [upon cross-interrogatories and orally] and the party producing the witness for examination to re-examine him orally.

And I further request that you will be pleased to cause the evidence of the said witnesses [or the answers of the said witnesses and all additional oral questions, whether on examination, cross-examination or re-examination] to be reduced into writing and all books, documents and things produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with [the interrogatories and cross-interrogatories and] a note of the charges and expenses payable in respect of the execution of this request through the from whom the same was received for transmission to the Supreme Court of the State of Victoria.

And I further request that you will cause the agents of the parties if appointed, or in default of appointment will cause me, to be informed of the date and place where the examination is to take place.

Dated [ insert date ].

*delete if not applicable

Form 41AA amended by S.R. No. 21/2023 rule 13.

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

Rule 41A.02

NOTICE OF APPLICATION FOR AUDIO VISUAL LINK OR AUDIO LINK

[ heading as in originating process ]

PART 1—PARTICULARS OF APPLICATION

I, [ name of applicant ]

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

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

1. *Audio visual/*Audio link:

From [ originating city/town ]

To [ receiving city/town ]

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

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

4. Suggested time ( if any ) for link:

5. Estimate of duration of link:

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

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

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

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

Date:

[ Signature ]

PART 2—PARTICULARS OF HEARING

[ to be completed by the Prothonotary ]

The application will be heard before the *Judge of the Court/*Associate Judge/*Judicial Registrar at [ insert address or other location details of hearing] on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED [ insert date ].

*delete if not applicable.

Form 42A substituted by S.R. No. 98/2017 rule 9.

Form 42A—Subpoena to attend to give evidence

Rule 42.03(1)(a)

[ heading as in originating process ]

SUBPOENA TO ATTEND TO GIVE EVIDENCE

To [ name ]

of [ address ]:

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

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

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

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

Date:

[ Seal of the Court ]

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.

Conduct money

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

Applications in relation to subpoena

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

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

(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under the subpoena.

Loss or expense of compliance

6. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

8. Note 7 is without prejudice to any power of the Court under any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 42B revoked by S.R. No. 98/2017 rule 8, new Form 42B inserted by S.R. No. 98/2017 rule 9, amended by S.R. No. 21/2023 rule 14(1).

Form 42B—Subpoena to produce

Rule 42.03(1)(b)

[ heading as in originating process ]

SUBPOENA TO PRODUCE

To [ name ]

of [ address ]:

YOU ARE ORDERED to 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 Prothonotary at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. ( See Notes 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 Prothonotary

[Supreme Court of Victoria
Electronic filing at subpoenas@supcourt.vic.gov.au or
in person at the Principal Registry, 450 Little Bourke Street, Melbourne.
See www.supremecourt.vic.gov.au]

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

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 Prothonotary—

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

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

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

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 Prothonotary 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 Prothonotary 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 Prothonotary, 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

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 any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

You must complete the declaration below. 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 Prothonotary may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

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

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

≤ All copied documents
All of the material I am providing in 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:

[ signature of addressee ]

[ name of addressee ]

Form 42C inserted by S.R. No. 98/2017 rule 9, amended by S.R. No. 21/2023 rule 14(2).

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

Rule 42.03(1)(c)

[ heading as in originating process ]

SUBPOENA BOTH TO ATTEND TO GIVE EVIDENCE AND TO PRODUCE

To [ name ]

of [ address ]:

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

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:

Date:

Time:

Place:

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

The Prothonotary

[Supreme Court of Victoria
Electronic filing at subpoenas@supcourt.vic.gov.au or
in person at the Principal Registry, 450 Little Bourke Street, Melbourne.
See www.supremecourt.vic.gov.au]

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

Addressee a corporation

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

Conduct money

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 Prothonotary—

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

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

7. 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 Prothonotary 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 Prothonotary, 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

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 any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

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

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

[ insert address for return of material ].

Date:

[ signature of addressee ]

[ name of addressee ]

Form 42AA substituted by S.R. No. 125/2017 rule 7, amended by S.R. No. 21/2023 rule 14(3).

Form 42AA—Subpoena for production to Prothonotary

Rule 42A.03

[ heading as in originating process ]

SUBPOENA FOR PRODUCTION TO PROTHONOTARY

To [ name ]

of [ address ]:

YOU ARE ORDERED to produce to the Prothonotary 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 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 Prothonotary 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 Prothonotary to which the subpoena (or copy) and documents or things must be delivered or sent is:

The Prothonotary

[Supreme Court of Victoria
Electronic filing at subpoenas@supcourt.vic.gov.au or
in person at the Principal Registry, 450 Little Bourke Street, Melbourne.
See www.supremecourt.vic.gov.au]

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

Addressee a corporation

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

Question concerning subpoena

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

Availability of documents 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 his, her or its solicitor, 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 Prothonotary 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 Prothonotary 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 Prothonotary 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 seven 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 Prothonotary 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 Prothonotary, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42A.11(2) of Chapter I of the Rules of the Supreme Court is then relevant:

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

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

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

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 Prothonotary, 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

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 any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

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

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

[ insert address for return of material ].

Date:

[ signature of addressee ]

[ name of addressee ]

Form 43A substituted by S.R. No. 105/2021 rule 9.

Form 43A—Certificate identifying exhibit or exhibits

Rule 43.06(5)

CERTIFICATE IDENTIFYING EXHIBIT OR EXHIBITS

[ heading as in affidavit ]

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

[ Signature of deponent ]

[ Signature of person taking affidavit ]

[ state distinguishing mark of exhibit or exhibits
and briefly and specifically described 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 substituted by S.R. No. 52/2016 rule 6, amended by S.R. No. 139/2016 rule 5.

Form 44A—Expert witness code of conduct

Rule 44.01

EXPERT WITNESS CODE OF CONDUCT

Application of Code

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

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

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

General Duties to the Court

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

Content of Report

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

(a) the name and address of the expert;

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

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

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

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

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

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

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

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

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

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

Supplementary Report Following Change of Opinion

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

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

Duty to Comply with the Court's Directions

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

(a) confer with any other expert witness;

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

Conference of Experts

7. Each expert witness shall—

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

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

Form 44AA inserted by S.R. No. 29/2020 rule 7.

Form 44AA—Court interpreters' code of conduct

Rule 44A.01

COURT INTERPRETERS' CODE OF CONDUCT

Application of code

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

General duty to the Court

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

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

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

Duty to comply with directions

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

Duty of accuracy

6. An interpreter must at all times use the interpreter's best 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 withdrawing from the matter or following another strategy acceptable to the Court.

Confidentiality

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

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

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

Form 45A amended by S.R. No. 21/2023 rule 15.

Form 45A—Summons on originating motion—proceedings after appearance

Rule 45.04(2)

SUMMONS ON ORIGINATING MOTION—PROCEEDINGS AFTER APPEARANCE

[ heading as in originating process ]

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

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

The application will be heard before the Associate Judge in Court No. , Supreme Court, Melbourne, on [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.

The Associate Judge may, as appropriate—

(a) where he or she has authority to give the judgment sought by the plaintiff, hear and determine the application or refer it to another Associate Judge for hearing and determination;

(b) by consent of the defendant, give the judgment;

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

FILED [ insert date ].

This summons was filed by of , solicitor for the plaintiff.

Form 45B amended by S.R. No. 21/2023 rule 16.

Form 45B—Summons on originating motion—special procedure

Rule 45.05(6)

SUMMONS ON ORIGINATING MOTION—SPECIAL PROCEDURE

[ heading as in originating process ]

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 constituted by *an Associate Judge/*Judge of the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows: [ describe the judgment or order sought ].

The application will be heard before the *Associate Judge, Supreme Court, Melbourne,/*Judge of the Court in Practice Court on [ insert date ]
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

If the application is heard by an Associate Judge he or she may, as appropriate—

(a) hear and determine the application or refer it to another Associate Judge or a Judge of the Court for hearing and determination;

(b) by consent of the defendant, give the judgment;

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

If the application is heard by a Judge of the Court, he or she may make any order he or she considers appropriate.

FILED [ insert date ].

This summons was filed by of , solicitor for the plaintiff.

*Delete if not applicable

Form 46A amended by S.R. No. 21/2023 rule 17.

Form 46A—Summons

Rule 46.04(1)

SUMMONS

[ heading as in originating process ]

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

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

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

FILED [ insert date ].

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

Form 48A—Notice of trial

Rule 48.03

NOTICE OF TRIAL

[ heading as in originating process ]

To the [ identify parties ]

TAKE NOTICE that this proceeding is ready for trial in that to the best of the knowledge, information and belief of the *plaintiff/*defendant—

(1) the trial is to proceed without pleadings OR pleadings are closed and it is not proposed to apply before trial for any amendment;

(2) particulars are not being sought OR all particulars of the defence/statement of claim that have been sought have been served (* save as to damages, in so far as these are to be updated closer to trial ) and it is not proposed to seek further particulars;

(3) it is not proposed to interrogate OR interrogatories have been served and answers obtained and it is not proposed to seek to serve further interrogatories or to seek further answers;

(4) it is not proposed to serve a notice for discovery OR discovery has been obtained and inspection had and it is not proposed to seek further discovery or further inspection of documents.

As for the trial itself—

(5) this proceeding is defended by [ insert names of parties defending ] OR this proceeding is undefended;

(6) the *plaintiff/*defendant is ready to proceed to trial upon not less than 14 days' notice;

(7) the trial is to be conducted at [insert place of trial];

(8) the trial can reasonably be expected to take [insert number] days and no longer.

Dated [ insert date ]

* delete if inapplicable

[ Signed ]

Form 48B—Notice of trial

Rule 48.03

NOTICE OF TRIAL

[ heading as in originating process ]

To the [ identify parties ]

TAKE NOTICE that this proceeding is fixed for trial on
the day of 20 .

Dated [ insert date ]

[ Signed ]

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

Rule 53.07

JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

[ heading as in Form 5E ]

[ other particulars as in Form 60A ]

THE JUDGMENT OF THE COURT IS THAT:

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

[ other particulars as in Form 60D ]

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

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

Rule 53.08(3)

WARRANT OF POSSESSION IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

[ heading as in Form 5E ]

TO THE SHERIFF:

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

SCHEDULE

[ Describe land as in judgment ]

Issued [ insert date ].

By the Court

Prothonotary

Issued at the request of the plaintiff.

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

Form 57A—Writ of habeas corpus

Rule 57.03(3)

WRIT OF HABEAS CORPUS

[ heading as in Form 5A ]

TO THE DEFENDANT:

of [ address ]

HAVE the plaintiff [ or name of person restrained, if not the plaintiff ] before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [ insert date ] and thereafter submit to the further order of the Court as to the custody of the plaintiff [ or name of person restrained, if not the plaintiff ].

YOU are required to make a return to this writ by filing a notice stating the grounds of detention of the plaintiff [ or as the case may be ] and serving a copy on the plaintiff at or before the time referred to above.

TAKE NOTICE that disobedience to this writ is a contempt of court which may be punished by imprisonment or fine or both.

Issued [ insert date ].

By the Court

Form 58A amended by S.R. No. 32/2017 rule 18.

Form 58A—Notice of appeal

Rule 58.18

IN THE SUPREME COURT OF VICTORIA 20 No.

AT MELBOURNE

In the matter of section 271 of the Children, Youth and Families Act 2005

BETWEEN AB Appellant

AND CD Respondent

NOTICE OF APPEAL

Date of document:

Filed on behalf of the Appellant

Prepared by: [ insert details ]

TAKE NOTICE that the abovementioned appellant appeals to the Supreme Court under section 271 of the Children, Youth and Families Act 2005 against the decision of the Children's Court of Victoria made on [ insert date ].

The order appealed against was that [ insert details of order made ]

was as attached [ attach copy of order ]

The appellant appeals against the whole of that order

against that part of the order by which it was provided [ identify that part of the order which is appealed against ].

The appellant appeals on the following grounds: [ insert concisely and in numbered paragraphs the grounds of appeal relied upon ].

This appeal will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne on the [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.

*1. [ Where the Appellant is not represented by a solicitor ] Appellant's personal address for service:

*2. [ Where the Appellant is represented by a solicitor ] Appellant's solicitor's name and address for service:

3. The email address for service of the Appellant is:

*delete if not applicable

Signed by the Appellant
or the Appellant's solicitors

Form 58B amended by S.R. No. 32/2017 rule 19, revoked by S.R. No. 34/2022 rule 5(2).

* * * * *

Forms 58D, 58G revoked by S.R. No. 34/2022 rule 5(2).

* * * * *

Form 59A—Notice of judgment

Rule 59.05(4)

NOTICE OF JUDGMENT

[ heading as in originating process ]

To [ name ]

of [ address ]

TAKE NOTICE that—

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

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

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

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

Dated [ insert date ].

[ Signed ]

Form 60A amended by S.R. No. 108/2016 rule 7.

Form 60A—General form of judgment given

Rule 60.08

GENERAL FORM OF JUDGMENT GIVEN

[ heading as in originating process ]

JUDGMENT

JUDGE OF THE COURT [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE GIVEN: [ insert date ]

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

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

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

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

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

DATE AUTHENTICATED:

Prothonotary

Form 60B—General form of judgment entered

Rule 60.08

GENERAL FORM OF JUDGMENT ENTERED

[ heading as in originating process ]

JUDGMENT

DATE ENTERED:

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

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

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

Prothonotary

Form 60C amended by S.R. No. 108/2016 rule 8.

Form 60C—General form of order

Rule 60.08

GENERAL FORM OF ORDER

[ heading as in originating process ]

ORDER

JUDGE OF THE COURT [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE MADE:

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

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

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

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

THE COURT ORDERS THAT:

2. [ terms of order ]

DATE AUTHENTICATED:

Prothonotary

Form 60D amended by S.R. No. 108/2016 rule 9.

Form 60D—Judgment at trial without a jury

Rule 60.08

JUDGMENT AT TRIAL WITHOUT A JURY

[ heading as in originating process ]

JUDGE [ or ASSOCIATE JUDGE]:

DATE GIVEN:

ORIGINATING PROCESS:

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

ATTENDANCE:

OTHER MATTERS:

THE JUDGMENT OF THE COURT IS THAT:

[ e . g .]

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

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

DATE AUTHENTICATED:

Prothonotary

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

Rule 60.08

JUDGMENT AT TRIAL BY JUDGE WITH A JURY

[ heading as in originating process ]

JUDGE:

DATE GIVEN:

ORIGINATING PROCESS:

HOW OBTAINED: Trial with a jury of six, commenced on , 20 .

ATTENDANCE:

OTHER MATTERS: [ set out findings of jury ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

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

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

DATE AUTHENTICATED:

Prothonotary

Form 60F amended by S.R. No. 108/2016 rule 10.

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

Rule 60.08

JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION

[ heading as in originating process ]

JUDGE [ or ASSOCIATE JUDGE]:

DATE GIVEN [ or MADE]:

ORIGINATING PROCESS:

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

ATTENDANCE:

OTHER MATTERS: The Court finds that:

[ state findings of Court ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

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

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

[ or THE COURT ORDERS THAT:]

[ e.g. ]

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

DATE AUTHENTICATED:

Prothonotary

Form 60G—Default judgment for debt

Rule 60.08

DEFAULT JUDGMENT FOR DEBT

[ heading as in originating process ]

DATE ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

Prothonotary

Form 60H—Default judgment for recovery of land

Rule 60.08

DEFAULT JUDGMENT FOR RECOVERY OF LAND

[ heading as in originating process ]

DATE ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

Prothonotary

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

Form 60J amended by S.R. No. 108/2016 rule 11.

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

Rule 60.08

INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DAMAGES IN DEFAULT

[ heading as in originating process ]

DATE INTERLOCUTORY JUDGMENT ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

JUDGE OF THE COURT [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

Prothonotary

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

Form 60K amended by S.R. No. 108/2016 rule 12.

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

Rule 60.08

FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT

[ heading as in originating process ]

JUDGE OF THE COURT [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

ORIGINATING PROCESS:

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

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

Prothonotary

Form 60L amended by S.R. No. 108/2016 rule 13.

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

Rule 60.08

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

[ heading as in originating process ]

DATE INTERLOCUTORY JUDGMENT ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

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

JUDGE OF THE COURT [ or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:

DATE FINAL JUDGMENT GIVEN:

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

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

Prothonotary

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

Rule 61.02(1)(a)

APPLICATION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[ heading as in originating process ]

This application is made to *an Associate Judge/*a judicial registrar by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated the [insert date] for $ and costs.

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

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

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

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

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

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

Dated [ insert date ].

Signature of Applicant or Applicant's Solicitor

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

*Delete if not applicable

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

Rule 61.02(1)(b)

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

[ heading as in originating process ]

This application is made to *an Associate Judge/*a judicial registrar by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [ insert date ] for $ and costs.

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

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

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

The grounds on which the application is made are

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

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

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

Dated [ insert date ].

Signature of Applicant or Applicant's Solicitor

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

*Delete if not applicable

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

Rule 61.02(2)

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

[ heading as in originating process ]

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

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

The [ judgment creditor or judgment debtor ] hereby applies for an order that the order made on 20 be varied as follows: [give particulars of variation sought stating amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid under the order as varied ] [ or be cancelled].

The grounds on which the application is made are

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

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

TAKE NOTICE that the application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [ insert date]
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

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

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

Dated [ insert date].

Signature of Applicant or Applicant's Solicitor

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

Rule 61.02(5)

ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[ heading as in originating process ]

[ follow Form 60C except as below ]

THE COURT ORDERS THAT:

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

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

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

[ complete appropriately ]

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

[ complete appropriately ]

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

Rule 61.02(6)

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

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

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

Dated [ insert date ]

*Associate Judge/*Judicial Registrar

Note: If you are dissatisfied with the order or refusal referred to in this Notice you may file a Notice of Objection with *an Associate Judge/*a judicial registrar within 14 days after receipt by you of this Notice. The Notice of Objection should be in Form No. 61F of Chapter I of the Rules of the Supreme Court.

*Delete if not applicable

Form 61F—Notice of objection

Rule 61.02(7)

NOTICE OF OBJECTION

[ heading as in originating process ]

To *Associate Judge/*Judicial Registrar

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

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

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

Dated [ insert date ]

Signature of objector or objector's solicitor

*Delete if not applicable

Form 61G—Notice of hearing of objection

Rule 61.02(9)

NOTICE OF HEARING OF OBJECTION

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

TAKE NOTICE that the [ judgment creditor or judgment debtor ] has filed notice of objection to an order of *Associate Judge/*Judicial Registrar made on 20 on the application of the [judgment creditor or judgment debtor ] that [ complete appropriately ] [or to the refusal by *Associate Judge/*Judicial Registrar on 20 of an application by the [ judgment creditor or judgment debtor ] for an order that [ complete appropriately ].

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

Dated [ insert date ]

*Associate Judge/*Judicial Registrar

*Delete if not applicable

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

Rule 61.02(10)

NOTICE BY COURT RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

[ to be completed where an Associate Judge or a judicial registrar has refused to order the payment of the judgment debt by instalments ]

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

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

[ to be completed where an Associate Judge or a judicial registrar has ordered the payment of the judgment debt by instalments ]

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

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

Dated [ insert date ]

By the Court
Prothonotary

*Delete if not applicable

Form 61J—Instalment agreement

Rule 61.03(1)

INSTALMENT AGREEMENT

[ heading as in originating process ]

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

2. $ is owing under the judgment, being—

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

(b) $ , the amount of costs;

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

(a)

Number of instalments:

(b)

Amount of each instalment:

(c)

Weekly, monthly or other period for payment:

(d)

Date of payment of—
first instalment:

last instalment:

(e)

Name and address of person to whom payment to be made:

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

Dated [ insert date ]

Signed by the judgment creditor:

Witness:

Signed by the judgment debtor:

Witness:

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

Rule 61.03(4)

ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT

[ heading as in originating process ]

[ follow Form 60C except as below ]

THE COURT ORDERS THAT:

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

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

Rule 61.03(5)

NOTICE OF ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

Dated [ insert date ]

*Associate Judge/*Judicial Registrar

*Delete if not applicable

Form 61M amended by S.R. No. 21/2023 rule 18.

Form 61M—Summons to attend for oral examination

Rule 61.04(1)

SUMMONS TO ATTEND FOR ORAL EXAMINATION

( Judgment Debt Recovery Act 1984 )

[ heading as in originating process ]

To the [ judgment debtor ]

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

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

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

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

The examination will be held before the *Judge of the Court/*Associate Judge/*Judicial Registrar at [ insert address or other location details of hearing], on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Issued [ insert date ].

By the Court
Prothonotary

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

*Delete if not applicable.

Form 61N—Warrant of apprehension on disobedience to summons

Rule 61.04(4)

WARRANT OF APPREHENSION ON DISOBEDIENCE TO SUMMONS

[ heading as in originating process ]

To all police officers of the State of Victoria.

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

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

Issued [ insert date ].

By the Court
Prothonotary

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

Rule 61.04(6)

NOTICE TO JUDGMENT CREDITOR OF SUMMONS OR WARRANT TO JUDGMENT DEBTOR

[ heading as in originating process ]

To the [ judgment creditor ]

of [ address ]

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

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

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

Dated [ insert date ]

*Associate Judge/*Judicial Registrar

*Delete if not applicable

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

Rule 61.05

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

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

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

Dated [ insert date ]

By the Court
Prothonotary

Form 61R—Certificate of payment

Rule 61.07(2)

CERTIFICATE OF PAYMENT

[ heading as in originating process ]

To the Governor of the prison at
By virtue of an order for imprisonment made by the Supreme Court on 20 [name of judgment debtor] of [ address ] was committed to prison at [ insert place ].

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

Dated [ insert date ]

*Associate Judge/*Judicial Registrar

*Delete if not applicable

Form 63A—Summons for taxation of costs

Rule 63.38(3)

SUMMONS FOR TAXATION OF COSTS

[ heading as in originating process ]

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 Costs Court [ insert address ] on [insert date] at a.m. [or p.m.] on the hearing of an application by [ identify party ] for the costs which are payable to [ that party ] by [ identify party liable for costs ] under [ identify the judgment, etc. by which payable ] to be taxed in accordance with the bill of costs served on 20 [ or with this summons].

Filed [ insert date ].

This summons was filed by of , solicitor for the .

TAKE NOTICE that whether or not you attend on the day for hearing referred to above the costs claimed in the bill may be allowed unless at least seven days before that day you file and serve on the [ identify party ] a notice identifying each item in the bill to which you object.

Form 64A amended by S.R. Nos 14/2016 rule 5, 73/2019 rule 47(1).

Form 64A—Application for leave to appeal/notice of appeal/cross-application for leave to appeal/notice of cross-appeal

Rules 64.02, 64.03, 64.30, 64.31

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

*APPLICATION FOR LEAVE TO APPEAL/*NOTICE OF APPEAL/*CROSS-APPLICATION FOR LEAVE TO APPEAL/*NOTICE OF CROSS-APPEAL

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

Date of Document:

Filed on behalf of:

*Applicant/*Appellant's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Respondent's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

1. Decision from which the *application for leave/*appeal is made:

Judicial Officer:

*Court/*Tribunal:

Date of decision made:

*Court/*Tribunal file number:

Is the whole of the decision sought to be appealed or being appealed?

*YES/*NO

[ If no, state which part of the decision is sought to be appealed or appealed against. ]

2. Is leave to appeal required?

*YES/*NO

3. If leave to appeal is not required, state why:

4. Is an oral hearing of *leave application/*cross-application for leave requested?

*YES/*NO

5. Reasons for granting leave to appeal:

[ If leave is required, set out specifically and concisely the reasons why leave should be granted. ]

6. Grounds or proposed grounds of appeal and (where required) question(s) of law:

(a) [Set out specifically and concisely the grounds or proposed grounds of appeal .]

(b) [Where applicable, set out specifically and concisely the question or questions of law on which the appeal is brought or proposed to be brought, as the case requires .]

7. Orders sought:

8. Other applications:

[ Identify any other applications you are filing with this application for leave or appeal: see Rule 64.03(3) for the requirements .]

9. Extension of time requested:

*YES/*NO

[ If yes, an extension application, supporting affidavit and any additional documents required to be filed by any applicable practice note or by Rule 64.08 should be filed with this form. ]

10. Stay applied for:

*YES/*NO

[ If yes, an application for stay, supporting affidavit and any additional documents required to be filed by any applicable practice note should be filed with this form: see Rule 64.03(3). Note also that an application for stay may be made to the lower court judge in the first instance. ]

11. Is the application for leave or appeal urgent?

*YES/*NO

[ If yes, state why .]

12. Persons to be served with notice:

[ Identify all parties on whom it is proposed to serve this form and related documents. Note that a list of all parties served must be filed within 7 days after service: see Rule 64.06(5). ]

[ Note to party completing this Form:

Under the Rules, a written case is required to be filed with this notice and other documents may also be required to be filed in accordance with any applicable practice note. ]

Date:

Signed

[ Name of lawyer/self-represented party ]

*delete if inapplicable

Form 64B amended by S.R. No. 73/2019 rule 47(2).

Form 64B—Application other than for leave to appeal or to cross-appeal

Rules 64.03, 64.08, 64.10, 64.13, 64.38

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

APPLICATION OTHER THAN FOR LEAVE TO APPEAL OR TO CROSS-APPEAL

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

Date of Document:

Filed on behalf of:

*Applicant/*Appellant's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Respondent's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

AND TO the respondent [ name and address ]

I wish to apply for the following order:

This application is made on the following grounds:

[ insert as applicable ]

Date:

Signed

[ Name of lawyer
/self-represented party ]

*delete if inapplicable.

Note:

An application other than for leave to appeal or cross-appeal must be filed with an affidavit and any additional documents required to be filed, at the time of commencing the application, by any applicable practice note.

An application must be accompanied by the applicable filing fee.

Form 64C amended by S.R. No. 73/2019 rule 47(3).

Form 64C—List of persons served

Rule 64.06

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

LIST OF PERSONS SERVED

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

Date of Document:

Filed on behalf of:

Party's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

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

Pursuant to Rule 64.06(5) of Chapter I of the Rules of the Supreme Court, the undersigned states that a copy of the *Application for Leave to Appeal/*Notice of Appeal and all other documents required by the rules or any applicable practice note were served on the following parties:

[ list the parties (e.g. first respondent, second respondent etc and the firm names of their solicitors if represented or their details if self-represented), their addresses (including email addresses) and the date served ].

Example

Person served

Party

Solicitor

Date served

A Smith

First respondent

A Brown & Co

Solicitors

100 Beach St

Mentone VIC 3194

Email: reception@brownsolicitors.com.au

1 February 2014

Date:

Signed

[ Name of lawyer/self-represented party ]

*delete if inapplicable.

Form 64D amended by S.R. No. 73/2019 rule 47(4).

Form 64D—Notice of opposition to application other than for leave to appeal

Rules 64.08, 64.11

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

NOTICE OF OPPOSITION TO APPLICATION OTHER THAN FOR LEAVE TO APPEAL

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

Date of Document:

Filed on behalf of:

Party's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

AND TO the *applicant/*appellant/*respondent

TAKE NOTICE that the *applicant/*appellant/*respondent opposes the application *to/*for [ insert brief description of application ] filed on [ date ] for the following reasons:

[ state briefly but specifically the reasons for the opposition ]

Note:

This notice must be accompanied by any affidavit on which the *applicant/*appellant/*respondent intends to rely in opposition to the application and any additional document required by any applicable practice note.

Date:

Signed

[ Name of lawyer
/self-represented party ]

*delete if inapplicable.

Form 64E—Notice of intention not to respond or contest

Rule 64.08, 64.11

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

NOTICE OF INTENTION NOT TO RESPOND OR CONTEST

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

Date of Document:

Filed on behalf of:

Party's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

AND TO the *applicant/*appellant/*respondent

TAKE NOTICE that the *applicant/*appellant/*respondent *does not intend to respond to/*does not contest the [*appeal/*application] filed on [ date ].

Date:

Signed

[ Name of lawyer
/self-represented party ]

*delete if inapplicable.

Form 64F—Application to have dismissal of
application for leave set aside or varied

Rule 64.18

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

APPLICATION TO HAVE DISMISSAL OF APPLICATION FOR LEAVE SET ASIDE OR VARIED

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

Date of Document:

Filed on behalf of:

*Applicant/*Appellant's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Respondent's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

I, [ full name ], having received the Registrar's notification that my application for leave to appeal has been determined and dismissed by the Court of Appeal without an oral hearing and without that Court making a determination that the application was completely without merit, apply to have the dismissal set aside or varied at a hearing of my application.

Date:

Signed

[ Name of lawyer
/self-represented party ]

*delete if inapplicable.

Note:

The Court will determine an application to have the dismissal set aside or varied on the basis of the application, written cases and documents filed by the parties prior to the decision to dismiss the application and any additional documents ordered by the Court or the Registrar . Further material will not be considered except with the Court's leave.

Form 64G amended by S.R. No. 73/2019 rule 47(5).

Form 64G—Notice of contention

Rule 64.32

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

NOTICE OF CONTENTION

Date of Document:

Filed on behalf of:

Party's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

AND TO the *applicant/*appellant

The respondent contends that the judgment of the [ court or tribunal appealed from ] should be affirmed on a ground of fact or law which *was not decided/*was erroneously decided/*was not raised for decision in the court or tribunal.

The respondent does not seek to cross-appeal from any part of the judgment.

Grounds:

[ Specifically and concisely identify the legal reasons to support the judgment of the court or tribunal ]

Date:

Signed

[ Name of lawyer
/self-represented party ]

*delete if inapplicable.

Note:

This notice must be accompanied by a written case and other documents specified by any applicable practice note.

Form 64H—Notice of objection to competency

Rule 64.33

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

IN THE COURT OF APPEAL

File No.

BETWEEN

Applicant/Appellant

and

Respondent

NOTICE OF OBJECTION TO COMPETENCY

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

Date of Document:

Filed on behalf of:

*Applicant/*Appellant's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Respondent's or lawyer's name and address:

Solicitor Code:

Tel:

Fax:

Ref:

Email:

Details of additional parties (if any) are attached:

*YES/*NO

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

TO: the Registrar

AND TO the *applicant/*appellant

The [ e.g. first respondent ] objects to the competency of [* application/*appeal ].

Grounds:

[ Briefly but specifically state the grounds of objection ]

*Further, the respondent applies for the question of competency to be heard and determined before the hearing of the *application/*appeal.

Date:

Signed

[ Name of lawyer/
self-represented party ]

*delete if inapplicable.

Form 68A amended by S.R. No. 122/2019 rule 4.

Form 68A—Warrant of seizure and sale

Rule 68.08

WARRANT OF SEIZURE AND SALE

[ heading as in originating process ]

TO THE SHERIFF:

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

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

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

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

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

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

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

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

Issued [ insert date ]

By the Court
Prothonotary

Issued at the request of [ judgment creditor ].

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

*Delete if not applicable.

Form 68B—Warrant of possession

Rule 68.08

WARRANT OF POSSESSION

[ heading as in originating process ]

TO THE SHERIFF:

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

SCHEDULE

[ Describe land as in judgment ]

Issued [ insert date ].

By the Court
Prothonotary

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

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

Form 68C—Warrant of delivery

Rule 68.08

WARRANT OF DELIVERY

[ heading as in originating process ]

TO THE SHERIFF:

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

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

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

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

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

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

SCHEDULE

[ Describe goods as in judgment ]

Issued [ insert date ].

By the Court
Prothonotary

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

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

Form 69A—Advertisement of sale by the sheriff

Rule 69.06(3)

ADVERTISEMENT OF SALE BY THE SHERIFF

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

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

Terms: Cash only.

Sheriff

Form 71A—Garnishee summons

Rule 71.06(2)

GARNISHEE SUMMONS

Between

A . B . Judgment creditor

and

C . D . Judgment debtor

and

X . Y . Garnishee

To [ name of garnishee ]

of [ address ].

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

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

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

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

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

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

[ insert the following at end of summons ]

TAKE NOTICE [ where the debt is due or accruing ] that upon service of this summons the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
[ or where the debt is not yet due or accruing ]

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

Form 71B—Garnishee order

Rule 71.09(4)

GARNISHEE ORDER

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

[ heading as in Form 71A ]

[ other particulars as in Form 60L ]

THE COURT ORDERS THAT:

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

[ or where the debt is not due but accruing ]

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

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

Form 71C—Garnishee order

Rule 71.09(4)

GARNISHEE ORDER

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

[ heading as in Form 71A ]

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

[ or where the debt is not due but accruing ]

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

[ where appropriate add ]

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

Form 72A—Attachment of earning summons

Rule 72.02(3)

ATTACHMENT OF EARNINGS SUMMONS

[ heading as in originating process ]

To the [ judgment debtor ]

of [ address ]

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

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

(b) $ , the amount of costs;

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

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

Rule 72.02(3)

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

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

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

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

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

(b) $ , the amount of costs;

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

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

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

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

Sworn etc .

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

Rule 72.02(4)

JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION

[ heading as in originating process ]

To the [ judgment debtor ]:

of [ address ]

TAKE NOTICE that you should complete this form by giving the information requested below. The completed form signed by you must be sent to the [ judgment creditor ] at [ address for service ] before [ insert date for hearing named in the summons ]. If you do not do this, the Court may make an order that you attend before the Court and give the information.

Signature of judgment
creditor's solicitor:

1. Amount and Source of Weekly Income

Occupation: ____________________

If working for an employer:

Name and address of employer:

Gross wage:

Current overtime (if any):

Car and other allowances and commission:

If self-employed or in partnership:

Average pre-tax earnings for last 12 months:

If unemployed:

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

Pension or other benefit received:

Workers' compensation received:

Maintenance received:

Superannuation received:

Board or rent received:

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

Average weekly dividend on shares:

Other income (give particulars):

Total Gross Weekly Income:

2. Property and Assets

Land, including vacant land:

For each piece of land—

Market value:_________________

Amount of mortgage:_________________

Net value:

Motor vehicle:

For each motor vehicle—

Year, make and model:_________________

Market value:_________________

Amount owing to finance company:

Net value:

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

Other investments including shares, debentures, bonds:

Money owing to you:

From , $

Total:

Value of interest in partnership or business:

Furniture, household and personal goods:

Market value:

Amount owing to finance company:

Net value:

Life insurance policies:

Give particulars and state surrender value of each policy:

Other assets (give particulars):

Total Property and Assets:

3. Debts, Liabilities and Other Financial Obligations

(a) Weekly expenses

Income tax:

Superannuation:

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

Municipal rates:

Water and sewerage rates:

Land tax:

Child care expenses incurred for the purpose of earning
income:

Maintenance actually paid:

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

To , $

Total:

Electricity and gas:

Food:

Other general household expenses:

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

Fares:

Telephone:

Insurance policy premiums:

School fees and other school expenses:

Clothing and shoes:

Medical and chemist expenses:

Entertainment:

Payments on court orders and fines:

Other expenses (give particulars):

Total:

(b) Other debts outstanding
Give particulars of debts under hire purchase, leasing, credit card or other credit contracts, department store accounts, guarantee or personal loan:
$ , to , due on
$ , 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:

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

Rule 72.04(7)

SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS

[ heading as in originating process ]

To: the [ judgment debtor ]

[ person indebted to or employer of judgment debtor ]

of [ address ].

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

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

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

Rule 72.04(7)

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

[ heading as in originating process ]

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

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

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

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

(b) $ , the amount of costs;

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

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

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

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

Sworn etc .

Form 72F amended by S.R. No. 21/2023 rule 19.

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

Rule 72.04(8)

ORDER THAT JUDGMENT DEBTOR ATTEND OR GIVE STATEMENT

[ heading as in originating process ]

[ Follow Form 60C except as below .]

HOW OBTAINED:

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

THE COURT ORDERS THAT:

The [ judgment debtor ] attend before the *Associate Judge/*Judicial Registrar at [ insert address or other location details of hearing ], on [insert date]
at a.m. to be examined concerning the means and ability of the [ judgment debtor ] or comply with the judgment [ or to state to the Court the following particulars, namely:

[ complete appropriately ].

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

[ complete appropriately ].

*Delete if not applicable.

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

Rule 72.04(8)

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

[ heading as in originating process ]

[ Follow Form 60C except as below .]

HOW OBTAINED:

OTHER MATTERS:

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

THE COURT ORDERS THAT:

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

[ complete appropriately ].

Form 72H—Attachment of earnings order

Rule 72.05(6)

ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

[ Follow Form 60C except as below. ]

OTHER MATTERS:

The Court finds that:

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

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

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

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

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

THE COURT ORDERS THAT:

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

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

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

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

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

(b) so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any previous pay-day—

pay, so far as that excess permits, to the [ judgment creditor ] the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.

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

Form 72J—Notice to employer

Rule 72.06(3)

NOTICE TO EMPLOYER

[ heading as in originating process ]

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

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

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

(b) by way of pension, including—

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

(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment—

but does not include any pension payable to the [ judgment debtor ] under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth.

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

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

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

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

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

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

You must give notice in writing to the Prothonotary—

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

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

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

Dated [ insert date ].

Prothonotary

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

Rule 72.06(3)

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

[ heading as in originating process ]

To the Prothonotary,

And to the [ judgment creditor ]

of [ address ].

An order was made on [ insert date ] that I make payments to the [ judgment creditor ] out of the earnings of the [ judgment debtor ] I give notice that I am not the employer of the [ judgment debtor ] [or I ceased to be the employer of the [ judgment debtor ] on [ insert date ].]

Dated [ insert date ].

[ Signature of Employer ]

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

Rule 72.11(3)

NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

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

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

Dated [ insert date ].

Prothonotary

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

Form 73A—Charging summons

Rule 73.05(2)

CHARGING SUMMONS

[ heading as in originating process ]

To [ name ]

of [ address ].

And to the [ judgment debtor ].

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

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

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

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

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

[ insert the following at the end of the summons ]

To [ name ]

of [ address ]

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

To the [ judgment debtor ].

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

Form 73B—Affidavit as to stock

Rule 73.13(2)(a)(i)

AFFIDAVIT AS TO STOCK

IN THE SUPREME COURT

OF VICTORIA

In the matter of [ identify the document comprising the stock under which the claimant's interest arises ].

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

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

Form 73C—Notice as to stock

Rule 73.13(2)(a)(ii)

NOTICE AS TO STOCK

[ heading as in Form 73B ]

[ To be filed with Form 73B .]

To [ name ]

of [ address ].

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

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

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

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

Rule 75.02(4)

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

IN THE SUPREME COURT

OF VICTORIA

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

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

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

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

Dated [ insert date ].

Judge

*delete if not applicable

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

Rule 75.08(4)

ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION

[ heading as in summons or originating motion ]

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

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

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

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

Dated [ insert date ]

Judge

*delete if not applicable

Form 75BA—Arrest warrant pending contempt hearing

Rule 75.08.1(1.3)

ARREST WARRANT PENDING CONTEMPT HEARING
[ heading as in originating process ]

TO:

*the sheriff

*[ insert name of police officer ]

*all police officers

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

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

Dated [ insert date ].

Judge

*delete if not applicable

Form 75C—Committal warrant

Rule 75.13

COMMITTAL WARRANT

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

TO THE SHERIFF

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

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

To the Governor of the prison at

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

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

Dated [ insert date ].

Judge

Form 77A—Notice of address for service

Rule 77.06.4(5)(a)

NOTICE OF ADDRESS FOR SERVICE

[ Heading as in notice of appeal or notice of contention ]

The address in Victoria for service of [ full name of person or party ] is:

[ If the person or party is legally represented ] The name or firm and the business address within Victoria of the solicitor for [ full name of person or party ] is:

Dated:

[ Signed ]

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

Rules 80.04, 80.06 and 80.16

REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS AND CERTIFICATE

PART 1—REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS

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

Identity and address of the forwarding authority requesting service

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

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

(identity and address)

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

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

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

List of documents

Done at , the

Signature or stamp (or both) of forwarding authority.

*Delete if inappropriate.

PART 2—CERTIFICATE

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

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

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

the (date)

at (place, street, number)

in one of the following methods authorised by Article 5:

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

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

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

(identity and description of person)

relationship to the addressee (family, business or other)

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

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

Annexes

Documents returned:

In appropriate cases, documents, establishing the service:

Done at , the

Signature or stamp (or both).

*Delete if inappropriate.

Form 80B amended by S.R. No. 38/2019 rule 5.

Form 80B—Summary of the document to be served

Rule 80.04

SUMMARY OF THE DOCUMENT TO BE SERVED

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

(Article 5, fourth paragraph)

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

IMPORTANT

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

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

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

SUMMARY OF THE DOCUMENT TO BE SERVED

Name and address of the forwarding authority:

Particulars of the parties:

**JUDICIAL DOCUMENT

Nature and purpose of the document:

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

Date and place for entering appearance:

Court in which proceedings pending/judgment given:

**Date of judgment (if applicable):

Time limits stated in the document:

Form 82A—Notice of application for suppression order

Rule 82.02

NOTICE OF APPLICATION FOR SUPPRESSION ORDER

[ heading as in originating process ]

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

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

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

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

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

The application is for an order in the following terms:

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

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

For further information, please contact:

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

Tel: [ insert number ]

Mobile No.: [ insert number ]

Email:

*delete whichever is inapplicable.

Form 83A amended by S.R. No. 14/2024 rule 5(a).

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

Rule 83.07

[ heading as in originating process ]

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

(Section 50 of the Vexatious Proceedings Act 2014 )

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

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

ORDERS SOUGHT

The applicant seeks—

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

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

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

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

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

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

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

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

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

FILED [ insert date ]

This application was filed—

*(a) by the applicant in person.

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

*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, of [ business address of principal ].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83B amended by S.R. No. 14/2024 rule 5(b).

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

Rule 83.08

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

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

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

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

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

ORDERS SOUGHT

The applicant seeks—

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

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

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

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

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

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

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

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

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

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83C amended by S.R. No. 14/2024 rule 5(c).

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

Rule 83.08

IN THE SUPREME COURT OF VICTORIA

20 No.

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

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

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

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

ORDERS SOUGHT

The applicant seeks—

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

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

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

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

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

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

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

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

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

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83D amended by S.R. No. 14/2024 rule 5(d).

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

Rule 83.09

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

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

(Section 54 of the Vexatious Proceedings Act 2014 )

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

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

ORDERS SOUGHT

The applicant seeks—

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

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

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

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

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

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

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

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

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

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83E amended by S.R. No. 14/2024 rule 5(e).

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

Rule 83.09

IN THE SUPREME COURT OF VICTORIA

20 No.

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

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

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

ORDERS SOUGHT

The applicant seeks—

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

2. [ set out any other orders sought ].

ACCOMPANYING AFFIDAVIT

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

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

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

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

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

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

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

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83F amended by S.R. No. 14/2024 rule 5(f).

Form 83F—Notice of application for leave to proceed

Rule 83.10

[ heading as used in application for leave to proceed ]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

(Section 60 of the Vexatious Proceedings Act 2014 )

TO:

(a) the Attorney-General;

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

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

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

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

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

Date:

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

*delete if inapplicable

Form 83G amended by S.R. No. 14/2024 rule 5(g).

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

Rule 83.11

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

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

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

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

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

ORDERS SOUGHT

The applicant seeks leave to apply for—

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

*1. revocation of the order;

2. [ set out any other orders sought ].

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83H amended by S.R. No. 14/2024 rule 5(h).

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

Rule 83.12

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

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

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

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

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

ORDERS SOUGHT

The applicant seeks—

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

*1. revocation of the order;

2. [ set out any other orders sought ].

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83I amended by S.R. No. 14/2024 rule 5(i).

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

Rule 83.13

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

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 67 of the Vexatious Proceedings Act 2014 )

TO:

(a) the Attorney-General;

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

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

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

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

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

Date:

*delete if inapplicable

Form 83J amended by S.R. No. 14/2024 rule 5(j).

Form 83J—Application for leave to appeal on question of law

Rule 83.15

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

20 No.

IN THE

*TRIAL DIVISION/*COURT OF APPEAL

IN THE MATTER of an application by [ name of applicant ] for leave to appeal under section 79 of the Vexatious Proceedings Act 2014 .

APPLICATION FOR LEAVE TO APPEAL ON QUESTION OF LAW

(Section 79 of the Vexatious Proceedings Act 2014 )

I, [ name ], apply for leave under section 79 of the Vexatious Proceedings Act 2014 to appeal on a question of law arising in the decision of [ specify relevant Victorian court or tribunal which made the decision ] in the matter of [ state the title and file number of the proceeding in the Victorian court or tribunal ] on [ date ] to—

*refuse leave to apply for a litigation restraint order;

*make a litigation restraint order or an acting in concert order;

*refuse to make a litigation restraint order or an acting in concert order;

*vary or revoke a litigation restraint order;

*refuse to vary or revoke a litigation restraint order;

*refuse an application for leave to proceed.

[ In a case relating to a refusal of an application for leave to proceed, state whether there is any appeal restriction order in place and, if so, identify the order and its terms ].

ACCOMPANYING AFFIDAVIT

Filed with this application is an affidavit and exhibits in accordance with Rule 83.09(6) and (7) of Chapter I of the Rules of the Supreme Court.

FILED [ insert date ].

This application was filed—

*(a) by the applicant in person.

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

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

Form 83K amended by S.R. No. 14/2024 rule 5(k).

Form 83K—Notice of application for leave to appeal on a question of law

Rule 83.16

[ heading as used in application for leave to appeal ]

NOTICE OF APPLICATION FOR LEAVE TO APPEAL ON A QUESTION OF LAW

(Section *81/*82 of the Vexatious Proceedings Act 2014 )

TO:

*(a) the Attorney-General;

(b) [ name of person to be given notice of the application in accordance with the Court's direction under section *81(2)/*82(2) of the Act and if more than one, list separately ].

TAKE NOTICE that [ name ] of [ address ], has made an application to the *Trial Division of the Supreme Court/*Court of Appeal for leave to appeal as follows: [ describe the relief sought in the application ].

Under section *81(2)/*82(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for leave to appeal be given to you.

This notice is accompanied by a copy of the application for leave to appeal, by a copy of the affidavit in support (and exhibits) and by a copy of every order made or direction given by the Court in the application to which this notice relates.

You are entitled to be heard in relation to the application but, under section 84 of the Act, the Court may determine the application for leave to appeal on the basis of written submissions without the appearance of parties.

Date:

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

*delete if inapplicable

Form 84A—Notice of address for service

Rule 84.08(5)(a)

NOTICE OF ADDRESS FOR SERVICE

[ Heading as in notice of appeal ]

The address in Victoria for service of [ full name of person or party ] is:

[ If the person or party is legally represented ] The name or firm and the business address within Victoria of the solicitor for [ full name of person or party ] is:

Dated:

[ Signed ]

Form 85A inserted by S.R. No. 30/2020 rule 6.

Form 85A—Nomination of proper defendant

Rule 85.02

NOMINATION OF PROPER DEFENDANT UNDER SECTION 7 OF THE LEGAL IDENTITY OF DEFENDANTS (ORGANISATIONAL CHILD ABUSE) ACT 2018

[ heading as in originating process ]

To: The Prothonotary

The Plaintiff

The Proper Defendant

NOMINATION OF PROPER DEFENDANT

[ Insert name of NGO ], an NGO to which the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 applies, under section 7 of that Act, nominates [ insert name of entity that is capable of being sued ] as a proper defendant under the Act.

[ Name of entity ]

is an entity that is capable of acting as a proper defendant to the claim on behalf of the NGO.

[ Signed ]

Signature of NGO or the NGO's solicitor:

Address of NGO:

CONSENT OF NOMINATED ENTITY TO BE PROPER DEFENDANT

[ Name of entity nominated as proper defendant ] consents to this nomination.

[ Signed ]

Signature of nominated entity or the nominated entity's solicitor:

Address for service of nominated entity:

Date: [ insert date ]

Filed: [ insert date filed ]

Appendix A substituted by S.R. Nos 144/2015 rule 4, 138/2016 rule 4, 124/2017 rule 4, 132/2018 rule 4, 90/2019 rule 4, 16/2021 rule 4, 144/2021 rule 4, 133/2022 rule 4, 124/2023 rule 4.

Appendix A—Supreme Court Scale of Costs

Scale of fees and charges to be paid to legal practitioners, other than Counsel, and Scale of Counsel's Fees for work done on and after 1 January 2024 in relation to matters in the Supreme Court.

The charges in this Scale are exclusive of any GST chargeable.

Item and Description

Amount

1. ATTENDANCES, TRAVEL AND WAITING COSTS

(a) Attendances requiring legal skill or knowledge by a legal practitioner—

(i) for each unit of 6 minutes or part thereof;

$48.20

(ii) where a legal practitioner attends the Supreme Court for the purposes of instructing (including conferences with counsel or others on the day of the hearing before or after the Supreme Court sits) per hour or part thereof;

$482.00

(iii) where a legal practitioner appears as counsel, at the discretion of the Costs Court having regard to item 19(1)(a) and (3)

(b) Where any attendance, requiring legal skill or knowledge, is by an employee of a legal practice who is not a legal practitioner—for each unit of 6 minutes or part thereof

$36.90

(c) Any other attendance, not requiring legal skill or knowledge, capable of performance by a clerk—for each unit of 6 minutes or part thereof

$28.00

(d) Attendances to file or issue any document or similar attendance

$55.90

(e) Travel time is to be allowed at the rate applicable in item 1(a) and item 1(b) where the individual travels in excess of one hour, for such excess

(f) Waiting time at the Supreme Court is to be allowed at the rate applicable in item 1(a) or item 1(b).

Where the attendance is by telephone or other electronic means, the charge for an attendance includes the charges made by the communication provider.

2. DRAWING DOCUMENTS

All documents whether in printed form or otherwise—for each folio

$71.20

3. ENGROSSING AND/OR APPROVAL OF DOCUMENTS

Of documents properly drawn by Counsel—for each folio

$14.20

4. REPRODUCTION OF DOCUMENTS

By photocopy or other machine made copy including hard copies of electronic documents—for each printed side of a page—at the discretion of the Costs Court.

5. CORRESPONDENCE (including electronic communications)

(a) Message (20 words or less) or letter forwarding documents without explanation, or circular letter

(b) Short (one folio or less)

(c) Any other letter—for each folio

The charge for a letter includes transmission by standard surface post, facsimile, email or other form of electronic transmission and includes the charges made by the communication provider.

For each additional page after the first page of a circular letter, a charge pursuant to item 4 shall apply.

$23.90

$48.20

$85.50

6. SERVICE

(a) Personal service, including attempts, where reasonable and required and not able to be served by other means

(b) By letter in accordance with item 5(b)

(c) Or such reasonable charge made by an agent.

$85.40

$48.20

7. RECEIVING AND FILING

Any incoming document, including correspondence, whether by electronic means or otherwise including first page for file

Copies of additional pages received electronically are to be charged pursuant to item 4.

$23.90

8. PERUSALS

Of all documents including incoming correspondence—

(a) up to three folios

(b) thereafter for each folio

$71.90

$23.90

9. SCANNING

If it is not reasonable to peruse but it is reasonable to scan a document including incoming correspondence—for each folio or part thereof

$9.70

10. EXAMINATION

If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page

$9.70

11. REVIEW AND CONSIDERATION

Review and consideration of the file or particular parts of the file in preparing to draw or redact documents and letters, for conferences, hearings, taxation of costs and the like—in accordance with item 1(a) and item 1(b).

In considering a claim made pursuant to this item, the Costs Court must have regard to any allowances claimed pursuant to items 8, 9 and 10.

12. DELEGATION AND SUPERVISION

In matters where the Costs Court considers it reasonable for more than one legal practitioner to be involved in the conduct of the matters, the Costs Court shall make such additional allowances as are considered reasonable in all the circumstances in accordance with this Scale.

Such allowances may include time spent by both principal legal practitioner and delegates in ensuring tasks are properly delegated and supervised—in accordance with item 1(a) and item 1(b).

13. RESEARCH

Where it is appropriate to research a legal question of some complexity that is not procedural in nature—in accordance with item 1(a) or item 1(b), as appropriate.

14. COLLATION, PAGINATION AND INDEXING

Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(c).

15. REDACTION

Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate.

16. ELECTRONIC DOCUMENT MANAGEMENT

(a) Database creation, database administration (including establishing design and agreement protocols), database design and implementation—in accordance with item 1(b);

(b) Document preparation and document design in compliance with any Supreme Court Practice Note or any Supreme Court order or direction dealing with the use of technology in the management of any civil litigation matter—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate;

(c) Imaging of documents to searchable format including rendering to PDF and scanning where necessary—in accordance with item 1(c);

(d) Publishing including—

(i) electronic exchange and discovery; and

(ii) write-to CD/CD ROM/USB or other agreed media—

in accordance with item 1(c).

17. SKILL, CARE AND RESPONSIBILITY

An additional amount may be allowed, having regard to the circumstances of the case, including—

(a) the complexity of the matter;

(b) the difficulty or novelty of the questions involved in the matter;

(c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner;

(d) the number and importance of the documents prepared and perused, regardless of length;

(e) the amount or value of money or property involved;

(f) research and consideration of questions of law and fact;

(g) the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances;

(h) the time within which the work was required to be done;

(i) allowances otherwise made in accordance with this Scale (including allowances for attendances in accordance with item 1);

(j) any other relevant matter.

18. CORPORATIONS SHORT FORM BILL

Costs of obtaining a winding-up order up to and including authentication, filing and service of the order under section 470 of the Corporations Act and the obtaining from the Costs Court of an order as to costs

An additional amount may be allowed for any adjournment.

A reasonable amount for disbursements is also allowable in addition to the lump sum amount.

$6646.00

19. COUNSEL'S FEES

(1) Subject to paragraphs (2), (3) and (4), such fees as are allowed up to a maximum of—

(a) appearances—

(i) on trial or appeal (daily fee)

(ii) any other appearance (per half day for time spent in the hearing)

(b) other matters (for each hour)

(c) preparation (for each hour)

(d) conferences (not occurring on day of hearing) (for each hour)

(e) views (for each hour)

(f) drawing or settling documents (for each hour)

(g) opinions, advices (for each hour)

(h) any other work, not otherwise provided for (for each hour)

Junior Counsel

$6802.00

$3401.00

$680.00

$680.00

$680.00

$680.00

$680.00

$680.00

$680.00

Senior Counsel

$10203.00

$5101.00

$1020.00

$1020.00

$1020.00

$1020.00

$1020.00

$1020.00

$1020.00

(2) Circuit fees are additional and are to be based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court.

(3) In allowing a fee to Counsel, the Costs Court shall have regard to the following criteria—

(a) all criteria in item 17; and

(b) the other fees and allowances to Counsel in the matter; and

(c) payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; and

(d) the standing of Counsel.

(4) Where costs are taxed pursuant to an order of the Supreme Court, Counsel's fees in excess of scale are not to be allowed unless the Supreme Court otherwise orders, but in any other case the Costs Court has discretion to allow fees in excess of scale.

Item and Description	Amount
1. ATTENDANCES, TRAVEL AND WAITING COSTS (a) Attendances requiring legal skill or knowledge by a legal practitioner—
(i) for each unit of 6 minutes or part thereof;	$48.20
(ii) where a legal practitioner attends the Supreme Court for the purposes of instructing (including conferences with counsel or others on the day of the hearing before or after the Supreme Court sits) per hour or part thereof;	$482.00
(iii) where a legal practitioner appears as counsel, at the discretion of the Costs Court having regard to item 19(1)(a) and (3)
(b) Where any attendance, requiring legal skill or knowledge, is by an employee of a legal practice who is not a legal practitioner—for each unit of 6 minutes or part thereof	$36.90
(c) Any other attendance, not requiring legal skill or knowledge, capable of performance by a clerk—for each unit of 6 minutes or part thereof	$28.00
(d) Attendances to file or issue any document or similar attendance	$55.90
(e) Travel time is to be allowed at the rate applicable in item 1(a) and item 1(b) where the individual travels in excess of one hour, for such excess
(f) Waiting time at the Supreme Court is to be allowed at the rate applicable in item 1(a) or item 1(b). Where the attendance is by telephone or other electronic means, the charge for an attendance includes the charges made by the communication provider.
2. DRAWING DOCUMENTS All documents whether in printed form or otherwise—for each folio	$71.20
3. ENGROSSING AND/OR APPROVAL OF DOCUMENTS Of documents properly drawn by Counsel—for each folio	$14.20
4. REPRODUCTION OF DOCUMENTS By photocopy or other machine made copy including hard copies of electronic documents—for each printed side of a page—at the discretion of the Costs Court.
5. CORRESPONDENCE (including electronic communications) (a) Message (20 words or less) or letter forwarding documents without explanation, or circular letter (b) Short (one folio or less) (c) Any other letter—for each folio The charge for a letter includes transmission by standard surface post, facsimile, email or other form of electronic transmission and includes the charges made by the communication provider. For each additional page after the first page of a circular letter, a charge pursuant to item 4 shall apply.	$23.90 $48.20 $85.50
6. SERVICE (a) Personal service, including attempts, where reasonable and required and not able to be served by other means (b) By letter in accordance with item 5(b) (c) Or such reasonable charge made by an agent.	$85.40 $48.20
7. RECEIVING AND FILING Any incoming document, including correspondence, whether by electronic means or otherwise including first page for file Copies of additional pages received electronically are to be charged pursuant to item 4.	$23.90
8. PERUSALS Of all documents including incoming correspondence— (a) up to three folios (b) thereafter for each folio	$71.90 $23.90
9. SCANNING If it is not reasonable to peruse but it is reasonable to scan a document including incoming correspondence—for each folio or part thereof	$9.70
10. EXAMINATION If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page	$9.70
11. REVIEW AND CONSIDERATION Review and consideration of the file or particular parts of the file in preparing to draw or redact documents and letters, for conferences, hearings, taxation of costs and the like—in accordance with item 1(a) and item 1(b). In considering a claim made pursuant to this item, the Costs Court must have regard to any allowances claimed pursuant to items 8, 9 and 10.
12. DELEGATION AND SUPERVISION In matters where the Costs Court considers it reasonable for more than one legal practitioner to be involved in the conduct of the matters, the Costs Court shall make such additional allowances as are considered reasonable in all the circumstances in accordance with this Scale. Such allowances may include time spent by both principal legal practitioner and delegates in ensuring tasks are properly delegated and supervised—in accordance with item 1(a) and item 1(b).
13. RESEARCH Where it is appropriate to research a legal question of some complexity that is not procedural in nature—in accordance with item 1(a) or item 1(b), as appropriate.
14. COLLATION, PAGINATION AND INDEXING Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(c).
15. REDACTION Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate.
16. ELECTRONIC DOCUMENT MANAGEMENT (a) Database creation, database administration (including establishing design and agreement protocols), database design and implementation—in accordance with item 1(b); (b) Document preparation and document design in compliance with any Supreme Court Practice Note or any Supreme Court order or direction dealing with the use of technology in the management of any civil litigation matter—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate; (c) Imaging of documents to searchable format including rendering to PDF and scanning where necessary—in accordance with item 1(c); (d) Publishing including— (i) electronic exchange and discovery; and (ii) write-to CD/CD ROM/USB or other agreed media— in accordance with item 1(c).
17. SKILL, CARE AND RESPONSIBILITY An additional amount may be allowed, having regard to the circumstances of the case, including— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner; (d) the number and importance of the documents prepared and perused, regardless of length; (e) the amount or value of money or property involved; (f) research and consideration of questions of law and fact; (g) the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances; (h) the time within which the work was required to be done; (i) allowances otherwise made in accordance with this Scale (including allowances for attendances in accordance with item 1); (j) any other relevant matter.
18. CORPORATIONS SHORT FORM BILL Costs of obtaining a winding-up order up to and including authentication, filing and service of the order under section 470 of the Corporations Act and the obtaining from the Costs Court of an order as to costs An additional amount may be allowed for any adjournment. A reasonable amount for disbursements is also allowable in addition to the lump sum amount.	$6646.00
19. COUNSEL'S FEES (1) Subject to paragraphs (2), (3) and (4), such fees as are allowed up to a maximum of— (a) appearances— (i) on trial or appeal (daily fee) (ii) any other appearance (per half day for time spent in the hearing) (b) other matters (for each hour) (c) preparation (for each hour) (d) conferences (not occurring on day of hearing) (for each hour) (e) views (for each hour) (f) drawing or settling documents (for each hour) (g) opinions, advices (for each hour) (h) any other work, not otherwise provided for (for each hour)	Junior Counsel $6802.00 $3401.00 $680.00 $680.00 $680.00 $680.00 $680.00 $680.00 $680.00	Senior Counsel $10203.00 $5101.00 $1020.00 $1020.00 $1020.00 $1020.00 $1020.00 $1020.00 $1020.00
(2) Circuit fees are additional and are to be based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court.
(3) In allowing a fee to Counsel, the Costs Court shall have regard to the following criteria— (a) all criteria in item 17; and (b) the other fees and allowances to Counsel in the matter; and (c) payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; and (d) the standing of Counsel.
(4) Where costs are taxed pursuant to an order of the Supreme Court, Counsel's fees in excess of scale are not to be allowed unless the Supreme Court otherwise orders, but in any other case the Costs Court has discretion to allow fees in excess of scale.

Appendix B substituted by S.R. Nos 144/2015 rule 4, 138/2016 rule 4, 124/2017 rule 4, 132/2018 rule 4, 90/2019 rule 4, 16/2021 rule 4, 144/2021 rule 4, 133/2022 rule 4, 124/2023 rule 4.

Appendix B—Supreme Court witnesses' expenses and interpreters' allowances

The charges in this Scale apply on and after 1 January 2024 and are exclusive of any GST chargeable.

WITNESSES' EXPENSES

Item and Description

Amount

1. A person engaged as an expert pursuant to Order 44 or a professional person including accountants, actuaries, analytical chemists, architects, economists, IT consultants, legal practitioners, medical practitioners, medical specialists or consultants, pharmaceutical chemists, psychologists, valuers and similar persons for preparing and giving evidence as an expert or as a witness of fact—

(a) per hour or part thereof reasonably absent from professional rooms or place of business

(b) but in any event not to exceed in any one day.

$332.60
to $663.90

$3981.70

2. Person other than a professional person who is engaged in business as a principal on that person's own behalf—

(a) per hour or part thereof

(b) but in any event not to exceed in any one day.

$265.50
to $531.20

$2389.80

3. Any other witness—

(a) per day

(b) but if the witness is remunerated in any employment by wages, salary or fees, the amount lost by the attendance but in any event not to exceed in any one day.

$190.10

$928.00

The Costs Court may allow in addition any appropriate reasonable expense incurred by the witness, e.g. child minding expenses.

A witness attending in more than one proceeding shall be entitled to a proportionate part only of the expense of the proceeding.

The Costs Court may allow a country witness, in addition to the above expenses, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance or sustenance. For this purpose, a witness who does not reside within 50 kilometres of the place of trial or hearing is a country witness.

Where a witness gives evidence as an expert, the Costs Court may allow an amount reasonably incurred and paid to the witness for qualifying to give that evidence.

Notwithstanding anything in the above scale, the Costs Court may allow to an expert witness a special fee for any attendance at the Supreme Court not covered by the scale when the witness assists counsel or solicitors as an expert for a period during the trial or hearing.

Nothing in the scale shall affect the existing practice of allowing qualifying fees to witnesses.

INTERPRETERS' ALLOWANCES

Item and Description

Amount

4. 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

(b) but in any event not to exceed in any one day.

$93.60

$651.30

5. Attending Supreme Court—

(a) for absence from place of residence or business for four hours or less

(b) and for each hour or part thereof in excess of four hours

(c) but in any event not to exceed in any one day.

$371.70

$93.60

$651.30

The Costs 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 Costs Court may allow an increased amount to a professional interpreter in special circumstances.

Schedule 1—Revoked Statutory Rules

Rule 1.03(2)

REVOKED STATUTORY RULES

S.R. No .

Title

148/2005

Chapter I of the Rules of the Supreme Court, the Supreme Court (General Civil Procedure) Rules 2005

43/2006

Supreme Court (Chapter I Amendment No. 1) Rules 2006

98/2006

Supreme Court (Chapter I Amendment No. 2) Rules 2006

102/2006

Supreme Court (Chapter I Amendment No. 3) Rules 2006

162/2006

Supreme Court (Chapter I Amendment No. 4) Rules 2006

169/2006

Supreme Court (Chapter I Amendment No. 5) Rules 2006

171/2006

Supreme Court (Chapter I Amendment No. 6) Rules 2006

5/2007

Supreme Court (Chapter I Amendment No. 7) Rules 2007

27/2007

Supreme Court (Chapter I Amendment No. 8) Rules 2007

91/2007

Supreme Court (Chapter I Amendment No. 9) Rules 2007

128/2007

Supreme Court (Chapter I Amendment No. 10) Rules 2007

32/2008

Supreme Court (Chapter I Amendment No. 11) Rules 2008

100/2008

Supreme Court (Associate Judges Amendment) Rules 2008

149/2008

Supreme Court (Chapter I Amendment No. 12) Rules 2008

151/2008

Supreme Court (Chapter I Amendment No. 13) Rules 2008

30/2009

Supreme Court (Chapter II Amendment No. 1) Rules 2009

44/2009

Supreme Court (Associate Judges Amendment) Rules 2009

60/2009

Supreme Court (Chapter I Amendment No. 14) Rules 2009

97/2009

Supreme Court (Costs Court Amendments) Rules 2009

109/2009

Supreme Court (Chapter I Amendment No. 15) Rules 2009

132/2009

Supreme Court (Criminal Procedure Amendment) Rules 2009

144/2009

Supreme Court (Chapter I Amendment No. 16) Rules 2009

146/2009

Supreme Court (Evidence Amendments) Rules 2009

22/2010

Supreme Court (Chapter I Amendment No. 17) Rules 2010

23/2010

Supreme Court (Subpoena, Search Order and Freezing Order Amendment) Rules 2010

53/2010

Supreme Court (Chapter I Amendment No. 18) Rules 2010

55/2010

Supreme Court (Criminal Procedure Amendment) Rules 2010

100/2010

Supreme Court (Chapter I Amendment No. 19) Rules 2010

142/2010

Supreme Court (Chapter I Amendment No. 20) Rules 2010

143/2010

Supreme Court (Chapter I Amendment No. 21) Rules 2010

144/2010

Supreme Court (Judicial Registrars Amendments) Rules 2010

147/2010

Supreme Court (Chapter I Amendment No. 22) Rules 2010

148/2010

Supreme Court (Judicial Registrars Further Amendment) Rules 2010

7/2011

Supreme Court (Chapter I Amendment No. 23) Rules 2011

8/2011

Supreme Court (Chapter I Amendment No. 24) Rules 2011

15/2011

Supreme Court (Chapter I Amendment No. 25) Rules 2011

26/2011

Supreme Court (Chapter I Amendment No. 26) Rules 2011

53/2011

Supreme Court (Chapter I Amendment No. 27) Rules 2011

77/2011

Supreme Court (Chapter I Amendment No. 28) Rules 2011

78/2011

Supreme Court (Chapter I Amendment No. 29) Rules 2011

118/2011

Supreme Court (Chapter I Amendment No. 30) Rules 2011

119/2011

Supreme Court (Judicial Registrars Mediation Amendment) Rules 2011

132/2011

Supreme Court (Chapter I Scale of Costs Amendment) Rules 2011

133/2011

Supreme Court (Chapter I Amendment No. 31) Rules 2012

38/2012

Supreme Court (Chapter I Amendment No. 32) Rules 2012

39/2012

Supreme Court (Trans-Tasman Proceedings Amendment) Rules 2012

96/2012

Supreme Court (Chapter I Amendment No. 33) Rules 2012

97/2012

Supreme Court (Chapter I Amendment No. 34) Rules 2012

S.R. No .	Title
148/2005	Chapter I of the Rules of the Supreme Court, the Supreme Court (General Civil Procedure) Rules 2005
43/2006	Supreme Court (Chapter I Amendment No. 1) Rules 2006
98/2006	Supreme Court (Chapter I Amendment No. 2) Rules 2006
102/2006	Supreme Court (Chapter I Amendment No. 3) Rules 2006
162/2006	Supreme Court (Chapter I Amendment No. 4) Rules 2006
169/2006	Supreme Court (Chapter I Amendment No. 5) Rules 2006
171/2006	Supreme Court (Chapter I Amendment No. 6) Rules 2006
5/2007	Supreme Court (Chapter I Amendment No. 7) Rules 2007
27/2007	Supreme Court (Chapter I Amendment No. 8) Rules 2007
91/2007	Supreme Court (Chapter I Amendment No. 9) Rules 2007
128/2007	Supreme Court (Chapter I Amendment No. 10) Rules 2007
32/2008	Supreme Court (Chapter I Amendment No. 11) Rules 2008
100/2008	Supreme Court (Associate Judges Amendment) Rules 2008
149/2008	Supreme Court (Chapter I Amendment No. 12) Rules 2008
151/2008	Supreme Court (Chapter I Amendment No. 13) Rules 2008
30/2009	Supreme Court (Chapter II Amendment No. 1) Rules 2009
44/2009	Supreme Court (Associate Judges Amendment) Rules 2009
60/2009	Supreme Court (Chapter I Amendment No. 14) Rules 2009
97/2009	Supreme Court (Costs Court Amendments) Rules 2009
109/2009	Supreme Court (Chapter I Amendment No. 15) Rules 2009
132/2009	Supreme Court (Criminal Procedure Amendment) Rules 2009
144/2009	Supreme Court (Chapter I Amendment No. 16) Rules 2009
146/2009	Supreme Court (Evidence Amendments) Rules 2009
22/2010	Supreme Court (Chapter I Amendment No. 17) Rules 2010

23/2010	Supreme Court (Subpoena, Search Order and Freezing Order Amendment) Rules 2010
53/2010	Supreme Court (Chapter I Amendment No. 18) Rules 2010
55/2010	Supreme Court (Criminal Procedure Amendment) Rules 2010
100/2010	Supreme Court (Chapter I Amendment No. 19) Rules 2010
142/2010	Supreme Court (Chapter I Amendment No. 20) Rules 2010
143/2010	Supreme Court (Chapter I Amendment No. 21) Rules 2010
144/2010	Supreme Court (Judicial Registrars Amendments) Rules 2010
147/2010	Supreme Court (Chapter I Amendment No. 22) Rules 2010
148/2010	Supreme Court (Judicial Registrars Further Amendment) Rules 2010
7/2011	Supreme Court (Chapter I Amendment No. 23) Rules 2011
8/2011	Supreme Court (Chapter I Amendment No. 24) Rules 2011
15/2011	Supreme Court (Chapter I Amendment No. 25) Rules 2011
26/2011	Supreme Court (Chapter I Amendment No. 26) Rules 2011
53/2011	Supreme Court (Chapter I Amendment No. 27) Rules 2011
77/2011	Supreme Court (Chapter I Amendment No. 28) Rules 2011
78/2011	Supreme Court (Chapter I Amendment No. 29) Rules 2011
118/2011	Supreme Court (Chapter I Amendment No. 30) Rules 2011
119/2011	Supreme Court (Judicial Registrars Mediation Amendment) Rules 2011
132/2011	Supreme Court (Chapter I Scale of Costs Amendment) Rules 2011
133/2011	Supreme Court (Chapter I Amendment No. 31) Rules 2012
38/2012	Supreme Court (Chapter I Amendment No. 32) Rules 2012
39/2012	Supreme Court (Trans-Tasman Proceedings Amendment) Rules 2012
96/2012	Supreme Court (Chapter I Amendment No. 33) Rules 2012
97/2012	Supreme Court (Chapter I Amendment No. 34) Rules 2012

S.R. No .

Title

121/2012

Supreme Court (Associate Judges Appeals Amendment) Rules 2012

140/2012

Supreme Court (Chapter I Amendment No. 35) Rules 2012

141/2012

Supreme Court (Chapter I Appendices A and B Amendment) Rules 2012

142/2012

Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012

27/2013

Supreme Court (Chapter I Certification Amendments) Rules 2013

48/2013

Supreme Court (Miscellaneous Amendments) Rules 2013

90/2013

Supreme Court (Chapter I Offers of Compromise Amendments) Rules 2013

119/2013

Supreme Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013

146/2013

Supreme Court (Chapter I Trans-Tasman Proceedings Further Amendment) Rules 2013

147/2013

Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013

148/2013

Supreme Court (Chapter I Appendices A and B Amendment) Rules 2013

48/2014

Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014

204/2014

Supreme Court (Chapter I Scale of Costs Appendices A and B Amendment) Rules 2014

205/2014

Supreme Court (Chapter II Arbitration Amendment) Rules 2014

206/2014

Supreme Court (Vexatious Proceedings Amendments) Rules 2014

209/2014

Supreme Court (Civil Appeals Amendments) Rules 2014

10/2015

Supreme Court (Judicial Registrars Amendment) Rules 2015

11/2015

Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015

29/2015

Supreme Court (Chapter I Summary Judgment Amendment) Rules 2015

30/2015

Supreme Court (Judicial Registrars Further Amendment) Rules 2015

38/2015

Supreme Court (Chapter I Judicial Review Amendment) Rules 2015

40/2015

Supreme Court (Associate Judges Amendment) Rules 2015

S.R. No .	Title
121/2012	Supreme Court (Associate Judges Appeals Amendment) Rules 2012
140/2012	Supreme Court (Chapter I Amendment No. 35) Rules 2012
141/2012	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2012
142/2012	Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012
27/2013	Supreme Court (Chapter I Certification Amendments) Rules 2013
48/2013	Supreme Court (Miscellaneous Amendments) Rules 2013
90/2013	Supreme Court (Chapter I Offers of Compromise Amendments) Rules 2013
119/2013	Supreme Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013
146/2013	Supreme Court (Chapter I Trans-Tasman Proceedings Further Amendment) Rules 2013
147/2013	Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013
148/2013	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2013
48/2014	Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014
204/2014	Supreme Court (Chapter I Scale of Costs Appendices A and B Amendment) Rules 2014
205/2014	Supreme Court (Chapter II Arbitration Amendment) Rules 2014
206/2014	Supreme Court (Vexatious Proceedings Amendments) Rules 2014
209/2014	Supreme Court (Civil Appeals Amendments) Rules 2014
10/2015	Supreme Court (Judicial Registrars Amendment) Rules 2015
11/2015	Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015
29/2015	Supreme Court (Chapter I Summary Judgment Amendment) Rules 2015

30/2015	Supreme Court (Judicial Registrars Further Amendment) Rules 2015
38/2015	Supreme Court (Chapter I Judicial Review Amendment) Rules 2015
40/2015	Supreme Court (Associate Judges Amendment) Rules 2015

Dated: 10 September 2015

CHRISTOPHER MAXWELL, P.

R. S. OSBORN, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

STEPHEN KAYE, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

J. T. RUSH, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

JANE A. DIXON, J.

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