Victorian Numbered Regulations Victorian Numbered RegulationsSCHEDULE 2
7.
Sworn, [ etc. ]
Form 11B
_______________
Form 11C
[ heading as in Form 4A ]
To the [ identify party ].
TAKE NOTICE that the [ party ] requires you to produce for the inspection of the [ party ] the following documents referred to in your [ complaint, defence, affidavit, etc .].
[ describe documents required ].
Dated: [e.g. 5 September, 20 ].
[ Signed ]
NOTE: Within 7 days of service of this notice you must serve on the [ party ] a notice appointing a time within a further 7 days and a place where the documents may be inspected.
_______________
|
RULE 14.03 |
Form 14A
[ heading as in Form 4A ]
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 on you, serve a notice on the [ party ] 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 [ party ]. If you do serve a notice disputing that fact [ or the authenticity of the document], and afterwards that fact [ or the authenticity of the document] is proved, you must pay the costs of proof, unless the Court otherwise orders.
1. [ specify each fact ]
or
2. [ mention each document ]
Dated: [e.g. 5 September, 20 ].
[ Signed ]
_______________
|
RULE 14.03 |
Form 14B
[ heading as in Form 4A ]
To the [ identify party ]
The [ party ] disputes the following facts specified in the [party]'s notice dated [e.g. 5 September 20 ].
1.
[ identify each document ]
2.
or
The [ party ] disputes the authenticity of the following documents mentioned in the [ party ]'s notice dated [ e.g. 5 September, 20 ].
1.
[ identify document ]
2.
Dated: [e.g. 5 September, 20 ].
[ Signed ]
_______________
NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958
Form 16AA
[ heading as in Form 4A ]
PART 1—PARTICULARS OF APPLICATION
I, [ name of applicant ]
of [ address of applicant or firm of solicitor for applicant ]
hereby request an *audio visual/*audio link 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/*Contest Mention/*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 hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.
Date—
[ Signature ]
PART 2—PARTICULARS OF HEARING
( to be completed by the Registrar )
The applicant will be heard before the Magistrates' Court at
on [e.g. 20 June, 20 ] at a.m. [or p.m.] or so soon
afterwards as the business of the Court allows.
FILED [e.g. 15 June, 20 ].
Form
16AA
* delete as appropriate
_______________
WITNESS SUMMONS TO GIVE EVIDENCE
Form 17A
[ heading as in Form 4A ]
To [ name ]:
of [ address ]:
THE COURT ORDERS that you attend for the purpose of giving evidence—
(a) before the Court;
(b) at [ address of Court ];
(c) at 10.00 a.m. [ or
as the case requires ] on [ date ] and until
you are excused from further attending.
FILED [e.g. 5 September 20 ].
Registrar
Filed by the [ identify party ]
NOTE that—
(1) if you do not comply with this
summons you may be
arrested;
(2) any question concerning this
summons should be addressed
not to
the Court but to the solicitor for the party who filed
the summons.
_______________
WITNESS SUMMONS FOR PRODUCTION
Form 17B
(Note: Summons to a natural person)
[ heading as in Form 4A ]
To [ name ]:
of [ address ]:
THE COURT ORDERS that you attend and produce this summons and the documents and things described in the Schedule—
(a) before the Court;
(b) at [ address of Court ];
(c) at 10.00 a.m. [ or as the case
requires ] on [ date ] and until
you are excused
from further attending.
Instead of so attending, you may produce this summons and the documents and things described in the Schedule to the registrar of the Magistrates' Court of Victoria at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend.
SCHEDULE
[ description of documents and things ]
FILED: [e.g. 5 September, 20 ].
Registrar
Filed by the [ identify party ]
NOTE that—
(1) if you do not comply with this
summons you may be
arrested;
(2) documents and things produced by
you in accordance with
this summons
may be returned by post to you at your
address shown on this summons but you may in writing on
or attached to this summons request that they be
posted to
you at another address
given by you or that you be informed
when they are available to be collected by you;
(3) any question concerning this
summons should be directed
not to
the Court but to the solicitor for the party who filed
the summons.
Form 17B
_______________
WITNESS SUMMONS FOR PRODUCTION AND TO GIVE EVIDENCE
Form 17C
[ heading as in Form 4A ]
To [ name ]:
of [ address ]:
THE COURT ORDERS that you attend and produce this summons and the documents and things described in the Schedule and attend for the purpose of giving evidence—
(a) before the Court;
(b) at [ address of Court ];
(c) at 10.00 a.m. [ or as the case requires ] on [ date ] and until you are excused from further attending.
Instead of attending to produce the documents and things described in the Schedule, you may produce them and this summons to the registrar of the Magistrates' Court of Victoria at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the first date on which you are required to attend. Note, however, that if you produce the documents and things to the registrar you will still be required to give evidence as directed above.
SCHEDULE
[ description of documents and things ]
FILED: [e.g. 5 September 20 ].
Registrar
Filed by the [ identify party ]
NOTE that—
(1) if you do not comply with this summons you may be arrested;
(2) documents and things produced by you in accordance with this summons may be returned by post to you at your address shown on this summons but you may in writing on or attached to this summons request that they be posted to you at another address given by you or that you be informed when they are available to be collected by you;
(3) any question concerning this summons should be directed not
to the Court but to the solicitor for the party who filed the summons.
Form
17C
_______________
WITNESS SUMMONS FOR PRODUCTION
Form 17D
( Summons to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents and things )
[ heading as in Form 4A ]
To [ name of corporation ]:
of [ address ]:
1. [ name of corporation ], called "the corporation", shall produce this summons and the documents and things described in the Schedule by causing its proper officer to attend and produce them—
(a) before the Court;
(b) at [ address of Court ];
(c) at 10.00 a.m. [ or as the case requires ] on [ date ] and until you are excused from further attending.
Instead of so attending, the corporation may produce this summons and the documents and things described in the Schedule to the registrar of the Magistrates' Court of Victoria at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the first date on which the officer is required to attend.
2. The officer who is to attend must make enquiries for the purpose of answering, and, on attending, must answer, such questions as the Court requires the officer to answer concerning the possession or custody of those documents and things.
SCHEDULE
[ description of documents and things ]
Registrar
Filed by the [ identify party ].
NOTE that—
(1) if the corporation fails to comply with this summons, the summons may be enforced by arrest of an officer of the corporation;
(2) documents and things produced by the corporation in accordance with this summons may be returned by post to it at its address shown on this summons but it may in writing on or attached to this summons request that they be posted to it at another address given by it or that it be informed when they are available to be collected by it;
(3) any question concerning this summons should be
directed not to the
Court but to the solicitor for the party who filed the summons.
Form 17D
_______________
Form 20A
[ heading as in Form 4A ]
TO: [ identify each party to whom application is addressed ]
YOU are summoned to attend before the Court on the hearing of an application by the [ party ] for [ describe the order sought ].
The application will be heard by the Court at [ venue ] at [ time ] on [ date ].
Registrar
FILED: [e.g. 5 September 20 ].
This application was filed by , solicitor for [ identify party ].
_______________
APPLICATION FOR APPOINTMENT OF NOMINAL DEFENDANT
[ heading as in Form 4A ]
TO: [ Identify each party (if any) to whom application is addressed ]
YOU are summoned to attend before the Court on the hearing of an application by the [ identify party ]. The [ identify party ] applies to the Court for an order to appoint a nominal defendant for the purposes of a claim for compensation. The circumstances and grounds of the application are set out in the accompanying affidavit.
FILED: [e.g. 5 September 20 ].
This application was filed by , solicitor for the [ identify party ].
_______________
NOTICE OF APPOINTMENT OF NOMINAL DEFENDANT
Form 20C
[ heading as in Form 4A ]
In the matter of the Workers Compensation Act 1958
TAKE NOTICE THAT:
At the request of [ identify party ] the Court has this day appointed [ name of nominal defendant ] of [ address ] as a nominal defendant for the purposes of these proceedings, *in place of an alleged employer—[ name of alleged employer ]
*in the place of an employer who cannot be identified [ or as the case may be ].
A copy of the application for appointment and the accompanying affidavit, together with a copy of the originating process in these proceedings is attached to this Notice.
The complaint is listed for [ nature of hearing ] by the Court at [ venue ] at [ time ] on [ date ].
Dated 20 .
[ Signature of party or
solicitor for party
who obtained order ]
* Delete if inapplicable.
_______________
Form 22AA
DATE OF MEDIATION:
OUTCOME OF MEDIATION:
* NOT HELD
*Withdrawn prior to mediation; or
*No appearance of—
*Plaintiff
*Defendant
*Other ( set out details )
or
*HELD
*1. Resolved—no orders required
*2. Resolved—orders will be sought
*3. Not resolved
APPEARANCES:
*Mr/Ms of Counsel/*Solicitor for Plaintiff.
*Instructed by *Mr/Ms Instructing Solicitor for Plaintiff.
*Mr/Ms of *Counsel/Solicitor for Defendant.
*Instructed by *Mr/Ms Instructing Solicitor for Defendant.
*Mr/Ms of Counsel/Solicitor for other party.
*Instructed by *Mr/Ms Instructing Solicitor for other party.
INFORMATION PROVIDED BY PARTIES
NUMBER OF WITNESSES:
*Other:
ESTIMATE OF DURATION OF FINAL HEARING:
Dated:
( Signed )
MEDIATOR
Form 22AA
Note: The mediator must complete this report and give a copy to the Court and to each of the parties within seven days of the date of conclusion of a mediation.
* Delete if not applicable.
_______________
Form 24A
(Instruments Act 1958)
[ heading as in Form 4A ]
TO THE DEFENDANT
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this complaint.
IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE NOTICE of your intention by first obtaining the leave of the Court to defend the claim and then giving notice of defence.
IF YOU DO NOT OBTAIN THE LEAVE OF THE COURT TO DEFEND, the plaintiff may OBTAIN AN ORDER AGAINST YOU on the claim without further notice.
THE PROPER TIME FOR OBTAINING LEAVE TO DEFEND is as follows—
(a) where you reside within 80 kilometres of the post office at the corner of Bourke and Elizabeth Streets, Melbourne, within 16 days of service;
(b) where you reside beyond that distance, within 21 days after service.
IF YOU PAY the amount of the claim, namely $ and $ for legal costs to the plaintiff or to the plaintiff's solicitor within the proper time stated above, this proceeding will come to an end. Notwithstanding the payment you may have the costs fixed by the Court.
APPLICATION FOR LEAVE TO DEFEND must be made within the proper time stated above to the Court at the venue of the Court at which this complaint was filed.
THE COURT MAY GIVE LEAVE TO DEFEND if you—
(a) pay into Court the amount claimed, namely, $ ; or
(b) file affidavits satisfactory to the Court which disclose—
(i) a defence; or
(ii) such facts as would make it incumbent on the holder
to prove consideration; or
(iii) such other facts as the Court considers sufficient to
support the
application.
DATE OF FILING:
THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Particulars of Claim
The Plaintiff claims $ principal and interest [or $ balance of principal and interest] due to the payee [indorsee or bearer] of a bill of exchange [promissory note or order for the payment of money] of which the following is a copy.
[ Here copy bill and all indorsements on it ]
1. This Complaint was filed—
* by the plaintiff in person;
* for the plaintiff by [ name of firm of solicitor
], solicitor(s), of
[ business address of
solicitor ].
Form 24A
2. The address of the plaintiff is—
3. The address for service of the plaintiff is—[ If the
plaintiff sues by a
solicitor, the business address of the
solicitor. If the plaintiff sues in
person, the address in 2.]
4. The address of the defendant is—
* Delete if inapplicable.
_______________
APPLICATION FOR LEAVE TO DEFEND
Form 24B
(Instruments Act 1958)
[ heading as in Form 4A ]
THE DEFENDANT APPLIES for leave to defend this claim.
* On [date] the sum of $ (being the sum claimed in the complaint) was paid into Court by the defendant.
* The affidavit(s) of [ names of deponents ] setting out the facts upon which the defendant relies in the application are filed herewith.
* Defendant's solicitor
FILED: [e.g. 5 September, 20 ].
1. This application was filed by—
* the defendant in person;
* for the defendant by [ name or firm of solicitor
], solicitor(s), of
[ business address of
solicitor ].
2. The address of the defendant is—
3. The address for service of the defendant is—[ If the
defendant defends
by a solicitor, the business address of the
solicitor. If the defendant
sues in person, the address in 2.]
4. The date of service of the complaint was [ date ].
* Delete if inapplicable.
_______________
APPLICATION FOR ORDER
Form 24C
(Instruments Act 1958)
[ heading as in Form 4A ]
1. The plaintiff requests that an order be made for $ plus interest at the rate of % to the date of the order.
2. The defendant has not been given leave to defend this complaint within the time provided for in section 5 of the Instruments Act 1958 .
3. An affidavit stating the matter in which the complaint was
served has
been previously filed with the Court.
FILED: [e.g. 5 September, 20 ].
* Plaintiff's solicitor
* Delete if inapplicable.
_______________
Form 24D
(Instruments Act 1958)
[ heading as in Form 4A ]
TO THE PLAINTIFF AND TO THE DEFENDANT
APPLICATION FOR LEAVE TO DEFEND was filed on [ date ] and has been considered by the Court.
* Application for leave to defend refused.
* Application for leave to defend granted upon condition—[ set out conditions, if any ].
Dated: [e.g. 5 September, 20 ].
Registrar
* Delete if inapplicable.
_______________
|
FORM 24E |
APPLICATION FOR LEAVE TO DEFEND AFTER ORDER MADE
Form 24E
(Instruments Act 1958)
[ heading as in Form 4A ]
TO THE PLAINTIFF
THE DEFENDANT did not obtain leave to defend the above complaint and on [ date
] an order was made against the defendant for $
with
$ costs.
TAKE NOTICE that the defendant will apply to the Court at [ time ] on [ date ] for an order that the order made be set aside and that leave to defend the complaint be granted.
The special circumstances upon which the defendant relies in support of this application are—[ set out special circumstances ].
FILED: [e.g. 5 September, 20 ].
* Defendant's solicitor
Registrar
1. This application was filed—
*by the defendant in person;
*for the defendant by [ name or firm or solicitor ],
solicitor(s),
of
[business address of solicitor].
2. The address of the defendant is—
3. The address for service of the defendant is—[ If the
defendant defends
by a solicitor, the business address of the
solicitor. If the defendant
sues in person, the address in 2].
* Delete if inapplicable.
_______________
|
FORM 27A |
Form 27A
(Instruments Act 1958)
[ heading as in Form 4A ]
To [ judgment creditor ]
of [ address ]
and
To the [ claimant ]
of [ address ]
The claimant, [ name of claimant ] has claimed the goods [ or certain goods] [ if only certain goods are claimed, list them ] [ or the proceeds of sale of [ goods ]] taken in execution by [ person to whom warrant was directed ] under the warrant to seize property in this proceeding.
TAKE NOTICE that the Court will hear the claim at [ time ] on [ date ].
Dated: [e.g. 5 September, 20 ].
Registrar
_______________
|
FORM 27B |
Form 27B
[ heading as in Form 4A ]
ORIGINAL/EXECUTION COPY
REQUEST FOR WARRANT
To the Registrar
[ name ] is owed money.
[ name ] of [ address ] was ordered to pay money in the above matter on [ date ] by the Magistrates' Court at [ venue ].
Please issue a warrant to seize property to recover [ amount ] which is the amount now owing.
This amount is calculated—
|
Amount ordered | |
$ | |
| |
$ | | |
|
Interest ordered | |
$ | |
| |
Subtotal |
$ | |
|
Amount paid since order | |
$ | |
| |
Subtotal |
$ | |
|
Interest from order to this date | | | |
|
to , days @ % |
$ | | |
|
to , days @ % |
$ | | |
| |
Subtotal |
$ | |
| |
$ | | |
|
Fees on warrant | |
$ | |
|
Professional costs | |
$ | |
| |
Subtotal |
$ | |
|
Amount owing | |
$ | |
This request is made by [ name of solicitor or person making request, address and telephone number ].
It is believed that the personal property of the person ordered to pay can be found at [ address ].
Dated: [e.g. 5 September 20 ]
WARRANT TO SEIZE PROPERTY
To the Sheriff:
You are authorised to seize the personal property of the person ordered to pay. If the amount and your costs of execution set out in the request for this warrant are not paid you are to sell the property and pay the amount due to [ judgment creditor ]. You or your officer must indorse details of execution on this warrant.
Issued at:
Form 27B
Dated: [e.g. 5 September 20 ].
Registrar
_______________
|
FORM 27BA |
NOTICE TO PERSON RESPONSIBLE FOR SAFEKEEPING OF PROPERTY SEIZED UNDER A WARRANT TO SEIZE PROPERTY
Form 27BA
( Magistrates' Court Act 1989 , section 111(7A))
To: [ insert name ]
The personal property listed below belonging to [ insert name ] has been seized under a warrant to seize property dated [ insert date ].
You are now responsible for the safekeeping of this property .
LIST OF PROPERTY: [ description of property seized—add extra pages if space insufficient ]
Section 111(7B) of the Magistrates' Court Act 1989 provides—
"(7B) A person who knows that the property has been seized under a warrant to seize property or is the subject of a notice served under subsection (7A) must not, except with the written consent of the person executing the warrant to seize property—
(a) interfere with or dispose of that property; or
(b) deface or remove any mark attached to that property indicating that it had been so seized; or
(c) remove that property from the place at which it was situated when the notice was served.
Penalty applying to this subsection: 25 penalty units or 6 months imprisonment or both."
Signature of person executing warrant:
Date: [e.g. 5 September 20 ].
_______________
|
FORM 27C |
Form 27C
[ To be used for delivery of goods or, where the Court order was for the delivery of goods or for payment of their assessed value. If the Court order was for the payment of assessed value of goods only a warrant to seize property may be used. ]
[ heading as in Form 4A ]
REQUEST FOR WARRANT
To the Registrar:
1. Please issue a warrant for delivery of [ specify goods ] ordered to be delivered by the Court at [ venue of Court ] on [ date ] plus costs of [ amount ]. [ Either paragraph 1 or 2 must be deleted .]
2. Please issue a warrant for delivery of [ specify goods ] or the payment of their assessed value [ specify assessed value ] ordered to be delivered or paid by the Court at [ venue of Court ] on [ date ], plus costs of [ amount ].
3. The goods were ordered to be returned to [ name and address ] by [ name and address ] who has possession of the goods. It is believed that the goods are located at [ address ]. [ Either paragraph 3 or 4 must be deleted ].
4. The goods were ordered to be returned to, or payment of their assessed value paid to [ name and address ] by [ name and address ] who has possession of the goods. It is believed the goods are located at [ address .]
5. This request is made by [ name of solicitor or person making request, address and telephone number ].
Dated: [e.g. 5 September 20 ].
WARRANT OF DELIVERY
To the Sheriff:
1. [ name ] is entitled to recovery of goods. [ Either paragraph 1 or 2 must be deleted .]
2. [ name ] is entitled to recovery of goods or to payment of their assessed value.
3. [ name ] was ordered to deliver those goods. [ Either paragraph 3 or 4 must be deleted .]
4. [ name ] was ordered to deliver those goods or pay their assessed value.
5. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If those costs are not paid you are to seize and sell property belonging to that person sufficient to cover those costs. [ Either paragraph 5 or 6 must be deleted .]
6. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If you cannot cause the goods described above to be so delivered, you are to seize and sell property belonging to that person sufficient to cover the assessed value of those goods, plus the costs as set out above together with your costs of execution.
7. You or your officer must indorse details of execution on this
warrant.
Form 27C
Issued at:
Dated: [e.g. 5 September 20 ].
_______________
|
FORM 27CA |
SUMMONS TO ATTEND FOR ORAL EXAMINATION
Form 27CA
[ heading as in Form 4A ]
To [ judgment debtor, or if a corporation, an officer of the judgment debtor ]
of [ address ]
On [ date ] the Court ordered you [ or the corporation ] to pay money.
You are summoned to attend before the Court to be orally examined on the application of [ judgment creditor ] as to your [ or the corporation's ] income, property, assets, debts and other liabilities and your [ or the corporation's ] means and ability to pay the amount ordered to be paid.
The examination will be heard by the Court at [ venue ] on
[date]
at a.m./p.m.
You are required to produce to the Court on the examination all books of account, papers, documents, passbooks and current statements for all bank/building society/credit union accounts, and all relevant files dealing with your income, purchases and expenditure.
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
Dated: [e.g. 5 September 20 ].
Registrar
The amount due and unpaid on the court order is—
|
Amount awarded on the claim | |
$ | |
| |
$ | | |
|
Interest awarded | |
$ | |
| |
Subtotal |
$ | |
|
Less amount paid since order | |
$ | |
|
Total | |
$ | |
Additional amounts that have been accrued against you since the court order are—
|
Interest from order to this date— | | | |
|
to , days @ % | |
$ | |
|
to , days @ % | |
$ | |
|
| |||
|
Costs of this summons | |
$ | |
|
Filing fee | |
$ | |
|
Service fee | |
$ | |
|
Total | |
$ | |
Form 27CA
_______________
|
FORM 27CB |
SUMMONS TO ATTEND TO GIVE EVIDENCE OR PRODUCE DOCUMENTS
Form 27CB
[ heading as in Form 4A ]
To [ name ]
of [ address ]
You are summoned to attend before the Court at [ address of Court ] at 10.00 a.m. [ or as the case requires ] on [ date ] to give evidence or produce the documents described in the Schedule or both to give evidence and produce those documents.
SCHEDULE
[ description of documents ]
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
Dated: [e.g. 5 September 20 ].
Registrar
_______________
|
FORM 27CC |
EXAMINATION OF A JUDGMENT DEBTOR
Form 27CC
[ heading as in Form 4A ]
[ name of person being examined ], having been sworn, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
|
Column 1 |
Column 2 |
|
1. What is your full name? | |
|
2. What is your date of birth? | |
|
3. What is your home address and phone number? Do you own, rent or board at this address? Give name, address and phone number of the estate agent or landlord. | |
|
4. Do you propose to change your address in the near future? If so, state the new address. | |
|
5. Are you single, married or living in a defacto relationship? | |
|
6. How many dependants do you have in your care? What is their relationship to you and what are their ages? | |
|
7. Do you own or are you buying any land or building? If yes, give details, including— (a) address(es); | |
|
(b) value; | |
|
(c) mortgage (naming financier and
balance | |
|
(d) 2nd mortgage (naming financier
and balance | |
|
(e) caveat(s); | |
|
Column 1 |
Column 2 |
|
(f) when did you buy the property? |
|
|
(g) what was the price paid? | |
|
(h) are you buying the land or
building with any | |
|
(i) if yes,
give the name and address of that other |
|
|
(j) are you intending to sell the land or building? | |
|
8. Do you own or are you buying a motor vehicle? If yes, give details, including— (a) the make; | |
|
(b) the model; | |
|
(c) the condition of the motor vehicle; | |
|
(d) is the motor vehicle registered?
If yes, what | |
|
(e) is the vehicle subject to
finance? If yes, —the name of the financier; | |
|
—account reference number; | |
|
—how much is owing? | |
|
—when will payments be finalised? | |
|
(f) value. | |
|
Repeat the above information for all extra vehicles. | |
|
9. Are you owed any money? If yes, give details, including— (a) who owes you the money; | |
|
(b) the address, telephone
number and reference | |
|
(c) how much is owed? | |
|
(d) what circumstances give rise to
that | |
|
(e) when is the debt due and payable to you? | |
|
10. Are you employed? If yes, give details— (a) the position you hold? | |
Form 27CC
|
Column 1 |
Column 2 |
|
(b) the name of your employer? | |
|
(c) the address and telephone number
of your | |
|
11. What income do you receive after tax and compulsory superannuation is deducted? | |
|
What is the nature of this income( e.g. wages, salary, commission, benefit, etc. )? |
|
|
Is this income received weekly, fortnightly, monthly, or otherwise? | |
|
Do you receive overtime or other allowances? | |
|
If you are unemployed, what is your source of income? ( e.g. sole parent benefit, disability pension, WorkCover )? | |
|
12. (a) If unemployed, how long have
you been | |
|
(b) What is the name of your previous employer? | |
|
(c) Will you be starting employment
in the near | |
|
13. What other source of income do you have? Give details of all sources and amounts ( e.g. part- time work, casual work, dividends, rent, etc. ). | |
|
14. Have you any accounts at any bank/building society/credit union, etc.? If yes, give details of each account— (a) name and address of financial institution; | |
|
(b) name of account; | |
|
(c) type of account; | |
|
(d) account number; | |
|
(e) present balance of account. | |
|
If account is not held solely by you, state name/address/phone number of each other person with whom the account is jointly held. | |
|
15. How much cash money do you have readily available? | |
Form 27CC
|
Column 1 |
Column 2 |
|
16. Have you any personal property or assets not previously mentioned? If so, give details, including— (a) investments, shares, debentures; (b) superannuation, life insurance policy; | |
|
(c) motor boats, caravans, trailers ( give descriptions of the boat, caravan, trailer including the registration number and value ). | |
|
If any of this personal property or asset is held with another person, give the name and address of the other person. | |
|
17. Give details of your expenses calculated on a weekly basis, including— (a) rent/mortgage/board; | |
|
(b) food; | |
|
(c) gas/electricity; | |
|
(d) clothing; | |
|
(e) loan repayments etc. ( give
details of each |
|
|
(f) credit card repayments; ( give
details of each |
|
|
(g) house and contents insurance; |
|
|
(h) municipal and water rates; | |
|
(i) telephone; | |
|
(j) car expenses; ( including
registration, | |
|
(k) fuel expenses of running your motor vehicle; | |
|
(l) education expenses; | |
|
(m) medical/dental/pharmaceutical; |
|
|
(n) entertainment expenses; | |
|
(o) other ( and what ) expenses. | |
|
Total: |
$____________ |
|
Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute? |
|
Form 27CC
|
Column 1 |
Column 2 |
|
18. Are there any other unpaid court orders/fines against you? If so, give details including— (a) name/address/phone number of
party to | |
|
(b) date of court order; | |
|
(c) amount outstanding; | |
|
(d) court and reference number ( if any ). | |
|
19. What other moneys do you owe, not previously mentioned? | |
|
20. Are you an owner or do you have an interest in any business? If yes, give details, including— (a) What is the name of the business? Is it a registered business name? Is there an ACN and if so what is the ACN? | |
|
(b) If you have partners give the
full name and | |
|
(c) If a private company, state the
number of | |
|
(d) What is the value of the
goodwill of the When was the goodwill last valued? | |
|
(e) What assets does the business have? Give details of all— (i) real estate, listing— (a) locations ( addresses ) (b) values (c) mortgages; | |
|
(ii)
plant and equipment ( not included (a) a description | |
Form 27CC
|
Column 1 |
Column 2 |
|
(b) locations | |
|
(c) values | |
|
(d) are
there any claims against these | |
|
(iii) motor vehicles, listing for each— (a) make/model/condition (b) registration number (c) lease or other finance details (d) value; | |
|
(iv) stock ( not included elsewhere ), listing— (a) a description (b) locations ( address ) (c) values (d) are
there any claims against these | |
|
(v)
other deposits, investments, shares and | |
|
(vi) forward orders and/or pending contracts; | |
|
(vii) trademarks, labels, intellectuals property. | |
|
21. Do you have an offer to pay this debt? | |
|
22. Have you paid any of the amount ordered? If so, how much and when? | |
[ Signature ]
Recorded at
this / /
Form
27CC
before me:
[ Signature of Registrar ]
I order the judgment debtor to pay the sum of $ being the costs of this examination.
|
Filing fee |
$ |
|
Hearing fee |
$ |
|
Conduct money |
$ |
|
Service fee ( including attempt(s) and travelling ) |
$ |
|
Professional costs |
$ |
|
TOTAL |
$ |
[ Signature of Registrar ]
IMPORTANT
PRE-EXAMINATION INFORMATION
Form 27CC
To the judgment debtor
You have been served with a Summons to Attend for Oral Examination ( Form 27CA ) and an Examination Sheet ( Form 27CC ).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear that the answers on this Examination Sheet are true until the examination is conducted .
Care must be taken to provide complete and accurate answers as you will be required to take an oath as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's solicitors.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's solicitor.
_______________
|
FORM 27CD |
EXAMINATION OF AN OFFICER OF A JUDGMENT DEBTOR WHICH IS A CORPORATION
Form 27CD
[ heading as in Form 4A ]
[ name of person being examined ], an officer of the judgment debtor corporation, having been sworn, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
|
Column 1 |
Column 2 |
|
1. What is your full name? | |
|
2. What is your address? | |
|
3. What position do you hold in the judgment debtor corporation? | |
|
4. What is the address of the registered office of the corporation? | |
|
5. Is the corporation— (a) registered; or (b) deregistered— at the Australian Securities and Investment Commission? | |
|
6. Is the corporation still trading? If not, when did it last trade? | |
|
7. What is the nature of the business of the corporation? | |
|
8. At what addresses does the corporation carry on business? If the premises are leased, give details of— (a) the name of the landlord; | |
|
(b) the expiration date of the lease. | |
|
9. What is the corporation's average weekly turnover? | |
|
10. Is the company owed any money? If yes, give details including— (a) who owes the money? | |
|
Column 1 |
Column 2 |
|
(b) the address, telephone number
and reference | |
|
(c) how much is owed? | |
|
(d) what are the circumstances that
give rise to | |
|
(e) when is the debt due and payable
to the | |
|
11. Give details of the corporation's accounts at any (a) name of bank etc.; | |
|
(b) type of account; | |
|
(c) account number; | |
|
(d) name of account; | |
|
(e) present balance of account. | |
|
12. Do you produce a balance sheet of the (a) is it the most up to date
balance sheet | |
|
(b) does the balance sheet reflect
the | |
|
13. What other assets does the corporation have? Give details of all— (1) real estate, listing— (a) locations ( addresses ); (b) values; (c) mortgages ( and financier ). | |
|
(2) plant and equipment ( not included elsewhere )
(a) a description; (b) locations ( addresses ); (c) values; (d) are there any
claims against these items | |
Form 27CD
|
Column 1 |
Column 2 |
|
(3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value. | |
|
(4) stock ( not included elsewhere ), listing— (a) a description; (b) locations ( address ); (c) values; (d) are there any
claims against these items | |
|
(5) other deposits, investments, shares and | |
|
(6) forward orders and/or pending contracts. | |
|
(7) trademarks, labels, intellectual property. | |
|
14. Is there a registered debenture over the assets of the corporation? If yes, identify the debenture holder, state when the debenture was given and state the amount secured by the debenture. | |
|
15. Are there any other unpaid court orders/fines against the corporation? If so, give details of each court order/fine including— (a) ( for court orders )
name/address/phone | |
|
(b) date of court order/fine; | |
|
(c) amount outstanding; | |
|
(d) reference number ( if any ). | |
|
16. What other monies does the corporation owe, not previously mentioned? | |
|
17. Has the corporation paid any/all of the amount ordered? If so, how much and when? | |
Form 27CD
|
Column 1 |
Column 2 |
|
18. Do you produce a profit and loss statement for the corporation? If yes— (a) is it the most up to date profit
and loss | |
|
(b) does the profit and loss
statement reflect | |
|
19. Does the corporation have a proposal to pay the | |
[ Signature ]
Recorded at
this / /
Before me:
[ Signature of Registrar ]
Form 27CD
I order the judgment debtor to pay the sum of $ being the costs of this examination.
|
Filing fee |
$ |
|
Hearing fee |
$ |
|
Conduct money |
$ |
|
Service fee (including attempt(s) and travelling) |
$ |
|
Professional costs |
$ |
|
TOTAL |
$ |
[ Signature of Registrar ]
IMPORTANT
PRE-EXAMINATION INFORMATION
To the officer of the judgment debtor corporation
You have been served with a Summons to Attend for Oral Examination ( Form 27CA ) and an Examination Sheet ( Form 27CD ).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear that the answers on the Examination Sheet are true until the examination is conducted .
Care must be taken to provide complete and accurate answers as you will be required to take an oath as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's solicitors.
If you have difficulty in completing any of the answers or have any other
queries about the proceedings, you may contact the Magistrates' Court of
Victoria for advice.
Form 27CD
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's solicitor.
_______________
|
FORM 27D |
ATTACHMENT OF EARNINGS SUMMONS
Form 27D
[ heading as in Form 4A ]
To [ judgment debtor ]
of [ address ]
You are summoned to attend before the Magistrates' Court at [ venue ] on the hearing of an application by [ judgment creditor ] for an order that your earnings be attached to satisfy the order against you in favour of [ judgment creditor ] made by the Court at [ venue ] on [ date ] for [ amount ], in respect of which [ amount ] is due and unpaid, being—
(a) [ amount ] due under the order;
(b) [ amount ] costs of this attachment application;
(c) [ amount ] other costs incurred subsequent to order;
(d) [ amount ] interest to date.
The application will be heard by the Court at [ venue ] at [ time ] on [ date ].
FILED: [e.g. 5 September 20 ].
Registrar
This application was filed by , solicitor for [ identify party ].
_______________
|
FORM 27E |
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER
Form 27E
[ heading as in Form 4A ]
I, of
the judgment creditor, make oath and say that:
1. By an order dated: [e.g. 5 September 20 ] it was ordered
that
[ judgment debtor ] pay me the sum of [ amount ] together
with costs.
2. [ amount ] is due and unpaid in respect of the order, being—
(a) [ amount ] due under the order;
(b) [ amount ] costs of this attachment application;
(c) [ amount ] other costs incurred subsequent to order;
(d) [ amount ] interest to date.
or
[ judgment debtor ] has persistently failed to comply with an order with respect to the order made by the Court on [ date ] that [ insert terms or order not complied with ].
3. [ judgment debtor ] is employed by [ name and address of employer ] as a [ occupation ].
4. No warrant committing [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.
or
A warrant committing [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has been returned unexecuted.
Sworn, etc.
_______________
|
FORM 27F |
JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL POSITION
Form 27F
[ heading as in Form 4A ]
To [ judgment debtor ]
of [ address ]
TAKE NOTICE that you must complete this form by giving the information requested below. The completed forms signed by you must be sent to [ judgment creditor ] at [ address for service ] before [ day of hearing named in the summons ]. If you do not do this, the Court may make an order that you attend before the Court and give the information.
Dated: [e.g. 5 September, 20 ].
[ Signed by judgment creditor or 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, 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 building society 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:
Form 27F
For each motor vehicle—
Year, make and model:
Market value:
Amount owing to finance company:
Net value:
Deposit in bank, building society, etc.:
Other investments including shares, debentures, bonds:
Money owing to you:
From , $
From , $
Total:
Value of interest in partnership or business:
Furniture, household and personal goods:
Market value:
Amount owing to finance company:
Net value:
Life insurance policies:
Give particulars and state surrender value of each policy:
Other assets (give particulars):
Total property and assets:
3. Debts, liabilities and other financial obligations
(a) Weekly expenses
Income tax:
Superannuation:
Housing (mortgage, rent, board, hospital or institution):
Municipal rates:
Water and sewerage rates:
Land tax:
Child care expenses incurred for the purpose of earning income:
Maintenance actually paid:
Instalment payments such as for household goods or tools of trade:
To
, $
Form 27F
To , $
Total:
Electricity and gas:
Food:
Other general household expenses:
Motor vehicle expenses (registration, insurance, maintenance, fuel):
Fares:
Telephone:
Insurance policy premiums:
School fees and other school expenses:
Clothing and shoes:
Medical and chemist expenses:
Entertainment:
Payment on court orders and fines:
Other expenses (give particulars):
Total:
(b) Other debts outstanding
Give particulars of debts under hire purchase, leasing, credit card or other credit contracts, department store accounts, guarantee or personal loan:
$ , to , due on
$ , to , due on
Total:
4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the name of the other owner or owners:
5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:
6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:
Signature of judgment debtor:
Form 27F
Date:
_______________
|
FORM 27J |
ORDER THAT JUDGMENT DEBTOR ATTEND FOR EXAMINATION
Form 27J
[ heading as in Form 4A ]
[ judgment debtor ] attend before the Court at on [ date ] to be examined concerning the means and ability of [ judgment debtor ] to comply with the order [ state terms of order ].
By the Court
Dated: [e.g. 5 September, 20 ].
Registrar
_______________
|
FORM 27K |
ORDER THAT PERSON INDEBTED OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT
[ heading as in Form 4A ]
[ name of person indebted or employer ] give to the Court on or before [ date
] a statement in writing signed by him or her or on his or her behalf
containing the following particulars of indebtedness to [ judgment
debtor] that became payable during the period , 20
to
, 20 .
[ complete appropriately ]
By the Court
Dated: [e.g. 5 September, 20 ].
Registrar
_______________
|
FORM 27L |
Form 27L
[ heading as in Form 4A ]
THE COURT ORDERS THAT:
1. [ name ] of [ address ], the employer of the [ judgment debtor ] ("the judgment debtor") on each payday whilst this order is in force, subject to paragraph 2 of this order, deduct from the earnings of the judgment debtor, the sum of $ [ amount per week/fortnight/month ] ("the normal deduction rate") until a total sum of $ [ amount ] has been deducted and remit each payment made under this order to [ name and address of person to whom payments are to be made ].
2. The protected earnings rate, that is, the rate below which the earnings of the judgment debtor may not be reduced by a payment under this order, shall be $ [ amount ] per [ week/fortnight/month ].
3. A deduction on a payday is only to be made if the net earnings of the judgment debtor exceed the protected earnings.
4. If any deduction is not made from the judgment debtor's earnings on any payday (or is not made in full) by reason of the protected earnings rate, the employer shall make good such deduction from the excess of any subsequent earnings of the judgment debtor.
5. The employer may deduct each payday $ [ amount ] for clerical and administrative costs in complying with this order.
6. In the event that—
(a) you are not the employer of the judgment debtor;
(b) if you were the employer of the judgment debtor at the time of service of this order but have since ceased to be the employer—
you must give written notice of such fact (and the date you ceased to be the employer of the judgment debtor), to the registrar of the Magistrates' Court of Victoria at [ venue ] and to the judgment creditor at [ address of judgment creditor or judgment creditor's solicitor ].
BY THE COURT
Dated:
Registrar
NOTES :
1. The first deduction required to be made under this order is on the first payday following 7 days after the day of service of this order.
2. "Earnings" attached by this order means, in relation to a judgment debtor—
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or
(b) by way of pension, including—
(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and
(ii) periodical payments in respect of or by way of compensation
for the loss, abolishment or relinquishment, or any diminution in the
emoluments, of any office or employment—
Form 27L
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.
3. Where you are or have been served with two or more attachment of earnings orders, you are required to—
(a) comply with those orders according to the respective day on which they took effect and disregard a subsequent order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were residue of the earnings of the judgment debtor after the making of any payment under an earlier order.
4. You are required to give the judgment debtor a notice specifying particulars of the payments made by you under this attachment of earnings order.
5. You are required to give the judgment debtor notice of any deductions made under paragraph 5 of this order.
WARNING :
1. It is an offence to fail to comply with an attachment of earnings order. The maximum penalty for non-compliance is 60 penalty units or 6 months imprisonment or both.
2. It is an offence to dismiss an employee or injure an employee or alter an employee's position to the prejudice of the employee because of the making of an attachment of earnings order or because of a requirement to make payments under an attachment of earnings order. The maximum penalty is 5 penalty units.
3. If you fail to comply with this order, the judgment creditor
may apply to the court to have you the employer liable to pay the deductions.
Form 27L
_______________
|
FORM 27P |
Form 27P
[ where garnishee debt is less than judgment debt, interest and judgment creditor's costs ]
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
BETWEEN A.B. Judgment creditor
and
C.D. Judgment debtor
and
E.F. Garnishee
1. The garnishee [ where appropriate insert here (after deducting therefrom $ for costs of the garnishee application)] pay to the judgment creditor without delay $ , the debt due from the garnishee to the judgment debtor and if the garnishee defaults in payment, execution may issue against the garnishee
[ or where the debt is not due but accruing ]
pay to the judgment creditor $ , the debt accruing from the judgment creditor 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 the judgment creditor under this order in priority to the judgment debt and interest.
By the Court
Dated: [e.g. 5 September, 20 ].
Registrar
_______________
|
FORM 27Q |
Form 27Q
[ where garnishee debt is greater than judgment debt, interest and judgment creditor's costs ]
[ heading as in Form 27P ]
1. The garnishee pay without delay to the judgment creditor $ , being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee
[ or where the debt is not due but accruing ]
pay to the judgment creditor $ , being so much of the debt accruing from time to time to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings as follows [ state the amount or amounts to be paid and the time or times of payment as directed by the Court ] and that in default of payment execution may issue against the garnishee.
[ where appropriate add ]
2. The garnishee be at liberty to retain $ being the garnishee's costs of the garnishee proceedings out of the balance of the debt due [ or accruing] from time to time to the judgment debtor.
By the Court
Dated: [e.g. 5 September, 20 ].
Registrar
_______________
|
FORM 27R |
AFFIDAVIT IN SUPPORT OF SUMMONS FOR COMMITMENT
Form 27R
[ heading as in Form 4A ]
I, of , the abovenamed plaintiff [ or solicitor for the abovenamed plaintiff] make oath and say:
1. By an order dated [e.g. 5 September, 20 ] it was
ordered that [ judgment debtor ] should pay me [ or the plaintiff]
the sum of $
together with $ costs [or as the case may
be ].
2. The sum of $ ordered to be paid [or $ , part of the sum ordered to be paid] is still due and unpaid.
3. I am informed by [ name and address ] and believe that since the date of the order made against the defendant, the defendant has had sufficient means and ability to pay the sum in respect of which the defendant has made default and has refused or neglected and still refuses or neglects to pay.
Sworn, etc.
_______________
|
FORM 27AA |
Form 27AA
IN THE MAGISTRATES' COURT Case No:
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
Magistrate:
Date of order:
Nature of complaint:
How obtained: [ state whether on hearing or arbitration or on application before hearing, identifying party filing application ]
Attendances: [ 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 ]
1.
2. [ terms of order ]
I certify that this is a true and correct record.
Registrar
_______________
|
FORM 27AB |
DEFAULT ORDER FOR DEBT
Form 27AB
IN THE MAGISTRATES' COURT Case No:
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
Date of order:
Nature of proceedings:
How obtained: In default of notice of defence.
The order of the Court is that:
[e.g: The defendant pay the plaintiff $ and $ interest and $ costs].
I certify that this is a true and correct record.
Registrar
_______________
|
FORM 27AC |
AFFIDAVIT IN SUPPORT OF ENFORCEMENT
Form 27AC
IN THE MAGISTRATES' COURT Case No:
OF
VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
I, [ name ]...............................................of[ address ]........................................
in the State of.....................................................MAKE OATH AND SAY:
1. I am *the plaintiff
*a solicitor in the firm of [ name of firm ], solicitors for the
plaintiff, and I have the care and conduct of this matter and make this
affidavit according to my information and belief.
2. Judgment was entered in the [ name of court ] at [ place ] in the State of [ State ] on [ date ]. The terms of the judgment were that the defendant pay the plaintiff the sum of $[ claim ] with $[ interest ] and $[ costs ].
3. The nature of the proceedings was for [ describe the nature of proceedings/cause of action ] ................................................................... ............................................................................................................................................................................................................................................................................................................................................................
4. The amount of the judgment which is sought to be enforced is $[ amount ] and is the extent the judgment is capable of being enforced in the court of rendition.
5(a) The reasonable costs and expenses of and incidental to obtaining and lodging the copy of the judgment are $ [ amount ], being the sum paid to obtain a sealed copy of the judgment and $ [ amount ], being the cost of registering the judgment in Victoria, making a total of $ [ amount ];
5(b) The costs and expenses reasonably incurred in attempting to execute the judgment in the court of rendition or in another State are—
[ set out details of the costs and expenses ]
6. Pursuant to section [ description ] of the [ name of the relevant legislation ], interest is payable on the judgment from [ date ] to the date of payment of the judgment [ describe the provisions of the legislation referred to which provides the basis of interest calculation ].
[ e.g: Pursuant to section 39 of the Local Courts (Civil Claims) Act 1970 of the State of New South Wales interest is payable from the date of judgment or on so much of the amount of a judgment that is from time to time unpaid, provided that the judgment debt and costs are not paid in full within 21 days after the judgment date .
21 days has elapsed since the date of judgment. Neither the judgment debt nor the costs have been paid in full. ]
7. At the date of judgment the applicable interest rate was [ percentage figure ]%. On [ date ] the interest rate *will be/was* varied to [ percentage figure ]%.
8. At the date of swearing this affidavit, interest in the sum of $ [ amount ] has accrued and is calculated as follows—
[ date of judgment ] to [ date ], [ number ] days @ [ percentage figure ]% = $
[ If relevant, provide additional calculations taking into account payments or variations in interest rate e.g.—
[ date ] to [ date ], [ number ] days @ [ percentage
figure]% = $ .]
Form 27AC
Sworn etc.
*Delete if inapplicable
_______________
|
RULE 28.02 |
FORM 28A |
Form 28A
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court Number |
| | |
|
and | |
| | |
An order was made at the Court on / /
This application is for—
* an instalment order;
* an instalment order in
substitution of a previous instalment order;
* the variation of
an instalment order ( section 8 );
* the cancellation of an
instalment order ( section 8 ).
1. Details of Applicant (*Debtor/*Creditor)
Name: Address:
Postcode:
Telephone: Home Business
2. Details of Respondent (*Debtor/*Creditor)
Name:
3. State:
|
(a) amount ordered |
$ | |
| |
Total (judgment debt) |
$ |
|
LESS |
|
|
|
EQUALS |
|
|
|
PLUS |
|
|
|
PLUS Please specify— (i) |
_________ Subtotal $ + |
|
|
EQUALS |
|
|
|
(g) Amount to be paid |
| |
|
(h) Periodical time for |
*weekly; | |
|
(i) Proposed
date of |
| |
|
(j) Person/corporation/ Name: | | |
Form 28A
|
4. If this is an application (a) the date of the |
| |
|
(b) the amount of each |
| |
|
5. Reasons for the | | |
|
6. State any other relevant | | |
|
Dated: | ||
PLEASE NOTE:
1. IF THE APPLICANT IS THE JUDGMENT DEBTOR, A STATEMENT OF
AFFAIRS TO THE EFFECT OF FORM 28B (OR FORM 28BA IF A CORPORATION) MUST BE
FILED WITH THIS APPLICATION.
Form 28A
2. A COPY OF THIS APPLICATION AND, IF THE APPLICATION IS BY THE JUDGMENT DEBTOR A STATEMENT OF AFFAIRS, MUST BE SERVED ON THE RESPONDENT PARTY.
3. IF YOU DO NOT UNDERSTAND THIS DOCUMENT, YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY. YOU MAY ALSO NEED TO OBTAIN FINANCIAL COUNSELLING.
* Delete if not applicable
_______________
|
RULE 28.02 |
FORM 28B |
STATEMENT OF AFFAIRS BY AN INDIVIDUAL
Form 28B
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA |
Court Number |
| | |
|
and | |
| | |
To the Registrar,
1. Amount and Source of Weekly Income (*Complete (a)—(c) where applicable)
*(a) Employed persons
|
Occupation: | | |
|
Name and address of employer: | | |
|
Gross wage: |
$ | |
|
Current overtime ( if any ): |
$ | |
|
Car and other allowances and commissions: |
$ | |
| | |
$ |
*(b) Self-employed persons
|
Average earnings from self-employment or partnership for last 12 months: | |
|
*(c) Unemployed persons or persons not working
If unemployed, state length of last employment,
date when last
employment ceased, and gross weekly
amount earned:
|
Pension or Benefit received: |
$ | |
|
WorkCover received: |
$ | |
| | |
$ |
(d) All persons
|
Maintenance received: |
$ | |
|
Superannuation received: |
$ | |
|
Board or rent received: |
$ | |
|
Average weekly income from investments in banks, building societies, shares, etc.: |
| |
|
Other (e.g. family allowance — give details ) |
$ | |
|
TOTAL GROSS WEEKLY INCOME: | |
$ |
2. Weekly expenses
Form 28B
|
Income tax: |
$ | |
|
Superannuation: |
$ | |
|
Health Insurance: |
$ | |
|
Union fees: |
$ | |
|
Housing ( mortgage, board, rent ): |
$ | |
|
Municipal rates: |
$ | |
|
Water and sewerage rates: |
$ | |
|
Land tax: |
$ | |
|
Child care costs (kindergarten, day care, etc.): |
$ | |
|
Maintenance actually paid: |
$ | |
|
Instalment payments: ...........................$ |
$ |
|
|
Electricity: |
$ | |
|
Gas: |
$ | |
|
Telephone: |
$ | |
|
Food: |
$ | |
|
Other general household expenses: |
$ | |
|
Car expenses ( registration, insurance, maintenance, fuel ): |
| |
|
Fares: |
$ | |
|
Insurance Policies: |
$ | |
|
School fees and other schooling costs: |
$ | |
|
Clothing and shoes: |
$ | |
|
Medical and chemist expenses: |
$ | |
|
Entertainment: |
$ | |
|
Payments on court orders and fines: |
$ | |
|
Other expenses ( give details ): ...............................$ ...............................$ | ||
|
TOTAL WEEKLY EXPENSES: | |
$ |
3. Are there any persons who contribute to paying your expenses? If so, who are they and how much do they contribute?
.............................................................................................................
Form 28B
.............................................................................................................
4. Property and Assets
|
Market value of house ( place of residence ) owned: |
| | |
|
Amount owing on mortgage |
$ | | |
|
Net value of interest on house: | |
$ | |
|
Market value of any other house or land owned: |
| | |
|
Amount owing on mortgage: |
$ | | |
|
Net value or interest in other house or | |
| |
|
Market value of motor vehicle(s): (a) Year: Make/Model: (b) Year: Make/Model: |
$ $ | | |
| | | | |
|
Amounts owing, under finance, on motor vehicles: |
| | |
|
(b) |
$ | | |
|
Net value of interest(s) on motor vehicles: | |
| |
|
Cash in banks, building societies, etc: | |
$ | |
|
Cash on hand: | |
$ | |
|
Value of other investments including shares, debentures, bonds: | |
| |
|
Money owed to you: ...................................................$ ...................................................$ | |
| |
|
Value of interest in partnership or business ( including stock, goodwill equipment, debtors ): | |
| |
|
State approximate resale value of furniture and personal goods: |
| | |
|
Amount owing on these furniture and personal goods: |
| | |
|
Net value of interest: | |
$ | |
|
Other assets ( give details ): | | |
$ |
|
TOTAL NET VALUE: | | |
$ |
|
Life insurance policies [ specify insurer, policy number, surrender value(s) ]: ...................................................................... | |
$ | |
|
TOTAL PROPERTY AND ASSETS: | | |
$ |
Are any assets jointly owned? Give details:
Form
28B
...................................................................................................
...................................................................................................
...................................................................................................
5. Debts and liabilities ( give details )
( Hire purchase, leases, credit cards, credit
contracts, personal
loans, store accounts,
guarantees being paid off, etc. ):
|
Total amount due: $ |
To: | |
|
Total amount due: $ |
To: | |
|
Total amount due: $ |
To: | |
|
TOTAL OTHER DEBTS: |
$ | |
6. Have any of the above debts been jointly incurred with any
other
person? Give details :
.............................................................................................................
.............................................................................................................
.............................................................................................................
7. Give details of any other circumstances which affect your
financial
position ( e.g. number and age of
dependants, marital status, health,
etc. ):
.............................................................................................................
.............................................................................................................
.............................................................................................................
Date:
[ Signature ]
Form 28B
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
_______________
|
RULE 28.02 |
FORM 28BA |
STATEMENT OF AFFAIRS BY AN OFFICER OF A CORPORATION
Form 28BA
(Judgment Debt Recovery Act 1984)
|
IN THE MAGISTRATES' COURT OF VICTORIA AT |
Court number | |
| | ||
|
and | ||
| | ||
|
1. State the address of the registered office of the judgment debtor corporation. | | |
|
2. Is the corporation still trading? If no, when did it last trade? | | |
|
3. What is the corporation's average weekly turnover? | | |
|
4. Is the corporation owed any money? If yes, give details including— (a) who owes the money? (b) the address, telephone number
and (c) how much is owed? (d) what are the circumstances that
give rise (e) when is the debt due and payable
to the | | |
|
5. Give details of the corporation's accounts at any
bank/building society/credit union/etc. (a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account. | | |
|
6. Do you produce a balance sheet of the corporation? If yes— (a) is it the most up to date
balance sheet (b) does the balance sheet reflect
the | | |
|
7. What other assets does the corporation have? (1) real estate, listing— (a) locations ( addresses ); (b) values; (c) mortgages. | | |
|
(2) plant and equipment ( not included (a) a description; (b) locations ( addresses ); (c) values; (d) are there any
claims against these | | |
|
(3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value. | | |
|
(4) stock ( not included elsewhere ), listing— (a) a description; (b) locations ( address ); (c) values; (d) are there any
claims against these | | |
|
(5) other deposits, investments, shares and | | |
|
(6) forward orders and/or pending contracts. | | |
|
(7) trademarks, labels, intellectual property. | |
|
Form 28BA
|
8. Is there a registered debenture over the assets | |
|
9. Are there any other unpaid court orders/fines
against the corporation? If so, give details of (a) ( for court orders )
name/address/phone (b) date of court order/fine; (c) amount outstanding; (d) reference number ( if any ). | |
|
10. What other monies does the corporation owe, not previously mentioned? | |
|
11. Do you produce a profit and loss statement for (a) is it the most up to date profit
and loss (b) does the profit and loss
statement reflect | |
|
12. Give details of any other circumstances which affect the
financial ............................................................................................................. ............................................................................................................. | |
Date:
[ Signature ]
Full name:
Position held in judgment debtor corporation:
Form 28BA
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
_______________
|
FORM 28C |
Form 28C
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
To the Registrar,
An application under section 6 of the Judgment Debt Recovery Act 1984
|
was |
*granted *refused |
by the proper officer on [ date ]. |
Notification of such *order/*refusal was received by me on [ date ].
TAKE NOTICE that I object to the *order made/*refusal to make the order on the grounds that [ set out grounds ].
Dated: [e.g. 5 September 20 ].
[ Signed by judgment creditor or judgment debtor ]
* Delete if not applicable.
_______________
|
FORM 28D |
Form 28D
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
On [ date ] the Court ordered that [ judgment debtor ] pay
[judgment creditor] the sum of $ and $
for interest and $
for costs.
I, [ judgment debtor ] of [ address ] agree and undertake to pay to [judgment creditor] of [address] the sum of $ [total sum ] in the following manner:
Number of instalments:
Amount of each instalment: $
Time of payment of each instalment: On or by the day of
each
*week/*fortnight/*month.
First instalment is payable on or by the day of 20 .
Last instalment is payable on or by the day of 20 .
Person to whom payment is to be made:
Address at which payment is to be made:
I am aware that should I fail to keep to this agreement, I may be called before the Court.
I attach a Statement of Affairs which I believe to be true and correct in every particular.
Signature of judgment debtor:
Witness:
Date: [e.g. 5 September 20 ].
* Delete if not applicable.
I agree that the judgment debt owing to me shall be paid in the manner set out above.
Signature of judgment creditor:
Witness:
Date: [e.g. 5 September 20 ].
IMPORTANT NOTE TO DEBTOR
IF YOU DO NOT UNDERSTAND THIS DOCUMENT YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY.
Form 28D
BEFORE SIGNING THIS DOCUMENT YOU SHOULD OBTAIN FINANCIAL COUNSELLING.
_______________
|
FORM 28E |
SUMMONS FOR EXAMINATION
Form 28E
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
To [ judgment debtor ]
of [ address ]
An order was made by the Court on [ date ] that you pay to [judgment creditor] the sum of $ and $ for interest and $ for costs, and *an application dated has been made to this Court for the *making/*confirming/*varying/*cancelling/*substituting of an instalment order by [ full name of applicant ] and this Court is not satisfied that in the circumstances an instalment order should be *made/*confirmed/*varied/*cancelled/*substituted
or
* An instalment order was made by [name of Court] dated
for
the payment of the judgment debt; and
[ Full name of judgment creditor ] alleges that you have defaulted in the payment of instalment(s) ordered.
YOU MUST ATTEND the Court at [ venue ] on [ date ] at [ time ]
* to be examined concerning your financial circumstances and your means
and ability to satisfy the order against you:
or
* to be examined according to your financial circumstances and, in the
case
of an alleged default, as to the circumstances of your alleged
default.
You are required to produce to the Court on the examination the following documents [ description of documents ].
Date: [e.g. 5 September 20 ].
Registrar
WARNING
IF YOU DO NOT ATTEND AS ORDERED BY THIS SUMMONS, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
Form 28E
* Delete if not applicable.
_______________
|
FORM 28F |
APPLICATION FOR ISSUE OF SUMMONS
Form 28F
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
I, of , the judgment creditor make oath and say that:
1. By an order dated: [e.g. 5 September 20 ] it was ordered
that
[judgment debtor] pay me the sum of $ and $
for
interest and $ for costs.
2. An instalment order for the payment of the sum was made on [ date ].
3. The judgment debtor has defaulted in the payment of instalment(s) under the order in the following way [ set out details of default ].
4. I seek the issue of a summons for the oral examination of the
judgment
debtor.
Sworn, etc.
_______________
|
FORM 28G |
Form 28G
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ named member or all members of the Police Force ]
[ name of judgment debtor ] of [ address ] has failed to appear
at the time and place appointed in the summons dated to be
examined
regarding *his/*her financial circumstances.
You are authorised to enter and search any place where you may suspect [ judgment debtor ] to be and you may use all necessary force for that purpose. When you have apprehended [ judgment debtor ] you are to bring *him/*her before a magistrate or the Court at [ time ] at [ place ] to be dealt with according to law.
Dated: [e.g. 5 September 20 ].
Registrar
NOTE: If apprehended before the date and time of hearing specified in this Warrant, the judgment debtor may be released on his or her own undertaking to appear for oral examination at the time and place specified in this Warrant.
IF UNABLE TO EXECUTE BY THAT DATE PLEASE RETURN UNEXECUTED.
* Delete if not applicable.
_______________
|
FORM 28H |
Form 28H
(Section 6(4); 6(7); 7(4); 18(2))
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name and address of judgment creditor or judgment debtor ].
TAKE NOTICE THAT upon application by [ name of applicant ] for [ type of application ] and *a notice of objection filed by [ name ] having been heard, the proper officer of the Court has
* ordered that [ details of order ]
or
* refused to make the order sought in the application.
Dated: [e.g. 5 September 20 ].
Registrar
* Delete if not applicable.
_______________
|
FORM 28J |
Form 28J
(Section 14(6); 17(5))
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name of judgment creditor ]
of [ address ].
A *warrant of apprehension/summons for oral examination was issued on [ date ] requiring the attendance of the judgment debtor at the Court on [ date ] for the *purposes of examination as to financial circumstances [ and ]/as to the circumstances of the alleged default in payment of instalments.
Dated: [e.g. 5 September, 20 ].
Registrar
* Delete if not applicable.
_______________
|
FORM 28K |
Form 28K
(Section 6(6), 8)
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: [ name of judgment creditor or judgment debtor ] of [ address ].
An application for [ type of application ] was made by [ identify party ] on [ date ] and on [ date ] the proper officer of the Court *made an order in the terms of the application/refused to make an order.
* And the [ identify party ] filed on [ date ] *a notice of objection/application for variation of instalment order/application for cancellation of instalment order.
TAKE NOTICE that the matter will be heard on [ date ] at [ time ] by the Court at [ venue ].
Dated: [e.g. 5 September, 20 ].
Registrar
* Delete if not applicable.
_______________
|
FORM 28L |
Form 28L
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
TO: All members of the Police Force and to the keeper of Her Majesty's Prison at
You are commanded to take [ judgment debtor ] and to convey *him/her to the prison at and deliver *him/her to the keeper of that prison and you, the keeper are required to receive *him/her into your custody and keep *him/her there safely for [ number ] of days unless you receive a certificate signed by the registrar of the Court at [ venue ] that the judgment debt has been paid or satisfied or until the judgment debtor is discharged by due course of law.
Dated: [e.g. 5 September, 20 ].
Registrar
* Delete if not applicable.
_______________
|
FORM 28M |
Form 28M
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
A.B. Judgment creditor
and
C.D. Judgment debtor
TO: The Keeper of Her Majesty's Prison at
This is to certify that [ judgment debtor ] presently held by you under a warrant dated has paid the debt owing [or has made satisfaction for the debt owing] for which the warrant issued and is now entitled to be discharged out of your custody.
Dated: [e.g. 5 September, 20 ].
Registrar
* Delete if not applicable.
_______________
|
FORM 30A |
Form 30A
[ heading as in Form 4A ]
To the Registrar
and to [ names and addresses of other parties to proceeding ].
I did not appear at the hearing of the above complaint. The Court on [ date ]
in my absence made an order against me for [ set out terms of
order] and for
$ costs.
TAKE NOTICE that I intend to apply to the Court for an order that that order be set aside and the complaint be re-heard as soon as possible.
I did not appear at the hearing for the following reason(s) [ set out reasons ].
*I did not file a notice of defence for the following reason(s) [ set out reasons ].
My address for service is:
[ Signed ]
Filed: [e.g. 5 September, 20 ].
This application will be heard by the Court on [ date ] at [ time ].
Registrar
* Delete if not applicable.
_______________
|
FORM 31A |
Form 31A
[ heading as in Form 4A ]
The [ name of bank ] of [ address ] undertakes to hold itself responsible for the payment into Court of $ ordered to be paid by the *plaintiff/*defendant in the above matter by order of the Court on [ date ].
The bank acknowledges that this undertaking can be amended or revoked only
with the leave of the Court or discharged by payment of $
into Court.
[* sealed by the Bank
or
* Signed by an officer of the bank
authorised in writing ]
Filed: [e.g. 5 September, 20 ].
* Delete if not applicable.
_______________
|
FORM 31B |
NOTICE OF DISCHARGE AND PAYMENT INTO COURT
[ heading as in Form 4A ]
The [ name of bank ] of [ address ] which guaranteed the payment of $
into
Court on behalf of the *plaintiff/*defendant in the above matter hereby
discharges the guarantee and pays into Court the total sum of money so
guaranteed.
[* sealed by the Bank
or
* Signed by an officer of the bank
authorised in writing ]
Filed: [e.g. 5 September, 20 ].
* Delete if not applicable.
_______________
|
FORM 32A |
CONSENT TO ACT AS LITIGATION GUARDIAN
Form 32A
IN THE MAGISTRATES' COURT
OF VICTORIA
AT
To the Registrar
I, [ name of litigation guardian ] of [ address ] give notice that I consent to act as litigation guardian for [ name of minor or person with a disability ] of [ address ] for the purposes of [ set out brief details of proceeding in which litigation guardian consents to act ].
[ Signed ]
Dated: [e.g. 5 September 20 ].
_______________
|
FORM 34A |
Form 34A
IN THE MAGISTRATES' COURT 20 No.
OF VICTORIA
AT
In the matter of an appeal
pursuant to [ name of the
Act and section of Act
under which appeal is brought .]
APPLICANT: [ Name and Address ]
RESPONDENT: [ Name and Address ]
The appellant appeals against [ set out briefly the substance of the order or decision appealed against ].
Date of order or decision:
Grounds of appeal: [ set out specifically the grounds of appeal ]
Dated: [e.g. 5 September 20 ].
[ Signed by appellant ]