Victorian Numbered Regulations Victorian Numbered RegulationsFORMS
FORM 5A
Form 5A
COMPLAINT
IN THE MAGISTRATES' COURT Court Number
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
( full name )
OF
( address )
and
C.D. Defendant
( full name )
OF
( address of defendant )
1. The address for service of the plaintiff is—( address must be within Victoria if the plaintiff sues in person )
*2. Name and address of Australian lawyer for the plaintiff—
*3. The plaintiff sues ( or the defendant is sued) in the following representative capacity ( e.g. as administrator of the estate of ).
STATEMENT OF CLAIM
1. ( Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the defendant including particulars of every fact or matter.
If the claim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the claim arises out of a motor vehicle collision and the claim includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this complaint ).
2. ( etc. )
TO THE DEFENDANT
TAKE NOTICE that this complaint has been brought against you by the plaintiff as set out in the statement of claim.
IF YOU INTEND TO DEFEND this complaint, YOU MUST GIVE NOTICE OF DEFENCE, within 21 days of service upon you of this complaint , to—
(a) the plaintiff; and
(b) the registrar of the Magistrates' Court of Victoria at ( insert proper venue ).
IF YOU GIVE NOTICE OF DEFENCE, the Court will write to you and tell you of the
hearing date.
Form 5A
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the plaintiff may OBTAIN AN ORDER AGAINST YOU for the amount of the claim and costs without further notice.
IF YOU PAY the amount of $ and costs of $ to the plaintiff or the plaintiff's Australian lawyer without giving notice of defence you may avoid further costs.
DATE OF FILING:
THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [e.g. 5 September 20 ].
[ To be signed by the Plaintiff or the Plaintiff's Australian lawyer ]
* Delete if not applicable.
__________________
FORM 6A
Form 6A
AFFIDAVIT/DECLARATION OF SERVICE
[ heading as in Form 5A ]
I, [ full name ] of [ address and occupation ], *make oath and say/declare that I served a copy of the [ document ] *together with 2 notices of defence on [ name of person served ] by:
*leaving it with *him/her personally at [ address ]
*delivering it to *his/her place of residence to [ name ] a person apparently above the age of 16 years and residing there at [ address ]
*delivering it to *his/her place of business at [ address ] to [ name ] a person apparently above the age of 16 years and apparently in charge of that business or employed in the office of that business.
*posting it by prepaid ordinary post at [ address ] in an envelope addressed to *him/her at *his/her address for service at [ address ] *leaving it at *sending it by post to the registered office of the corporation at [ address ]
on [day of week], the day of 20 at
*a.m./p.m.
*I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
|
*Sworn/Declared at |
[ Signed by person ]
*authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration.
*authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.
[ Name and address in legible writing, typing or stamp ]
* Delete if not applicable.
__________________
FORM 7A
Form 7A
COMPLAINT
(for service out of Australia)
IN THE MAGISTRATES' COURT Court Number
OF VICTORIA
AT
BETWEEN A.B. Plaintiff
and
C.D. Defendant
OF (ADDRESS)
NATURE OF COMPLAINT (STATE SHORTLY)
STATE THE FACTS AND PARTICULAR PARAGRAPH OF RULE 7.01(1) BEING RELIED ON TO SUPPORT SERVICE OUT OF AUSTRALIA—
AMOUNT OF CLAIM
TO THE DEFENDANT
TAKE NOTICE that this complaint has been brought against you by the plaintiff for the claim set out in the pages attached.
IF YOU INTEND TO DEFEND this complaint, YOU MUST GIVE NOTICE OF DEFENCE, within 42 days of service upon you of this complaint , to—
(a) the plaintiff whose address for service is; and
(b) the registrar of the Magistrates' Court of Victoria at .
IF YOU GIVE NOTICE OF DEFENCE THE ADDRESS FOR SERVICE OF THE DEFENDANT MUST BE IN VICTORIA; and
THE COURT will write to you and tell you of the hearing date.
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 42 DAYS OF SERVICE, the plaintiff may OBTAIN AN ORDER AGAINST YOU for the amount of the claim and costs without further notice.
IF YOU PAY the amount of $ and costs of $ to the plaintiff or the plaintiff's Australian lawyer without giving notice of defence you may avoid further costs.
DATE OF FILING:
THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Form 7A
[next page]
TO THE PLAINTIFF If your claim arises from a motor vehicle collision, complete Part A.
If your claim does not arise from a motor vehicle collision complete Part B.
If your claim combines Part A and Part B, complete the appropriate parts.
PART A
(CLAIM ARISING FROM A MOTOR VEHICLE COLLISION INCLUDING PERSONAL INJURY)
WHAT IS THE NATURE OF YOUR CLAIM? (e.g. cost of repairs to motor vehicle; cost of repairs to damaged fence.)
WHERE DID YOUR CLAIM ARISE? [ Give the location of any collision, including a Melway reference if possible, and in the space below draw a sketch plan of the collision with names of roads, etc. Identify your vehicle as "1", the vehicle driven by the defendant as "2" and any other vehicles involved as "3", "4", "5", etc. ]
WHEN DID YOUR CLAIM ARISE?
HOW DID THE COLLISION HAPPEN? [ You must set out here in as much detail as you can how the collision happened and why you believe the defendant is at fault. If the space is insufficient you may attach other sheets. ]
HOW MUCH ARE YOU CLAIMING?
Form 7A
Dated: [e.g. 5 September 20 ].
[ To be signed by the plaintiff or the plaintiff's Australian lawyer ]
[next page]
PART B
(ANY CLAIM NOT ARISING FROM A MOTOR
VEHICLE COLLISION)
WHAT IS THE NATURE OF YOUR CLAIM? (e.g. work done; money owed; goods or services supplied; personal injury other than that arising from a motor vehicle collision; application to fence; injunction.)
WHERE DID YOUR CLAIM ARISE?
WHEN DID YOUR CLAIM ARISE?
PARTICULARS OF THE CLAIM:
[ You must set out here in as much detail as you can the substance of your claim. If the space is insufficient you may add other sheets. ]
HOW MUCH MONEY (IF ANY) ARE YOU CLAIMING?
Form 7A
WHAT OTHER RELIEF OR REMEDY (IF ANY) ARE YOU CLAIMING?
Dated: [e.g. 5 September 20 ].
[ To be signed by the plaintiff
or the plaintiff's Australian lawyer ]
__________________
FORM 8A
Form 8A
Rules 8.03(1), 10.04(7), 11.07(5)
NOTICE OF DEFENCE
TO THE PLAINTIFF
AND TO THE REGISTRAR OF THE MAGISTRATES' COURT AT
TAKE NOTICE that the defendant intends to defend this complaint.
AND TAKE NOTICE that the defendant's defence is as follows [ set out the defence of the defendant in paragraphs numbered consecutively with each fact or matter stated so far as practicable in a separate paragraph ].
1.
2. etc.
Notes
1. A defence—
(a) must state which of the facts in the statement of claim are admitted, denied or not admitted—see Rule 13.02(1); and
(b) if the proceeding is referred to arbitration, must state with particularity the date, place, circumstances, facts or other matters relied on in defence of the claim.
2. A defendant who in the defence does not state whether a fact stated in the statement of claim is admitted, denied, or not admitted, will be taken to admit the fact—see Rule 13.02(2).
3. A defendant who states that a fact stated in the statement of claim is denied must—
(a) give the reason for denying the fact; and
(b) if the defendant intends to prove a fact different from that stated in the statement of claim, state with necessary particulars the fact that the defendant intends to prove—see Rule 13.02(3).
4. Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not except in cross-examination adduce any evidence with respect to that fact at the hearing of the proceeding—see Rule 13.02(4).
5. The defendant must state specifically with particulars any fact or matter which—
(a) makes the claim of the plaintiff not maintainable; or
(b) if not stated specifically, might take the plaintiff by surprise; or
(c) raise questions of fact arising out of the statement of claim—see Rule 13.02(5).
6. If the defence arises by or under any Act, the defence must identify the specific provision relied on—see Rule 13.02(6).
FILED: [e.g. 5 September, 20 ].
* Defendant
[ signed ]
* Defendant's Australian lawyer
[ signed ]
1. This notice was signed —
Form 8A
* by the defendant in person;
* for the defendant corporation by [ name of person ] of [ address ] who holds the position of [ director, secretary or other person authorised in writing by the defendant corporation ];
* for the defendant by [ name or firm of Australian lawyer ], Australian lawyer(s), of [ business address of Australian lawyer ].
2. The address of the defendant is —
3. The address for service of the defendant is— [ If the defendant defends by an Australian lawyer, the business address of the Australian lawyer. If the defendant defends in person, the address in ].
* Delete if inapplicable.
__________________
FORM 10A
Form 10A
Rule 10.02(4) and 10.04(5)
COUNTERCLAIM
NAME AND ADDRESS of Australian lawyer for the defendant—
[ If no Australian lawyer ] Address for service of the defendant—
STATEMENT OF COUNTERCLAIM
( Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.
If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the counterclaim arises out of a motor vehicle collision and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost or the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim. )
TO THE PLAINTIFF
TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.
IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within 21 days of service upon you of this counterclaim , to—
(a) the defendant; and
(b) the registrar of the Magistrates' Court of Victoria at ( insert proper venue ).
IF YOU GIVE NOTICE OF DEFENCE, the Court will write to you and tell you of the hearing date.
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.
DATE OF FILING:
THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [e.g. 5 September 20 ].
Form 10A
[ To be signed by the defendant or the defendant's Australian lawyer ]
__________________
FORM 10B
Form 10B
Rule 10.02(5) and 10.04(6)
COUNTERCLAIM
( service outside Australia )
NAME AND ADDRESS of Australian lawyer for the defendant—
[ If no Australian lawyer ] Address for service of the defendant—
STATEMENT OF COUNTERCLAIM
( Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.
If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the counterclaim arises out of a motor vehicle collision and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost or the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim. )
TO THE PLAINTIFF
TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.
IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within 42 days of service upon you of this counterclaim , to—
(a) the defendant; and
(b) the registrar of the Magistrates' Court of Victoria at ( insert proper venue ).
IF YOU GIVE NOTICE OF DEFENCE THE ADDRESS FOR SERVICE OF THE DEFENDANT MUST BE IN VICTORIA ; and
THE COURT will write to you and tell you of the hearing date.
IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 42 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.
DATE OF FILING:
THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING
Dated: [e.g. 5 September 20 ].
Form 10B
[ To be signed by the defendant or the defendant's Australian lawyer ]
__________________
FORM 11A
Form 11A
Rules 11.02, 11.15(4)
THIRD PARTY NOTICE
IN THE MAGISTRATES' COURT 20 No. OF VICTORIA
AT
BETWEEN A.B . Plaintiff
and
C.D. Defendant
and
E.F. Third Party
To E.F.
of [ address ]
TAKE NOTICE that the plaintiff has brought this proceeding against the defendant for the claim set out in the complaint and statement of claim [or served herewith].
AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the grounds set out in the defendant's Notice of Defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice.
IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE OF DEFENCE within the proper time for giving Notice of Defence stated below.
YOU OR YOUR AUSTRALIAN LAWYER may file a Notice of Defence at the above venue of the Court.
IF YOU FAIL to give a Notice of Defence within the proper time you will be taken to admit the validity of any final order against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN A FINAL ORDER AGAINST YOU without further notice.
*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—
(a) where you are served with the notice in Victoria, within 21 days after service;
(b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the notice in New Zealand or in Papua New Guinea, within 28 days after service;
(d) where you are served with the notice in any other place, within 42 days after service.
FILED [e.g. 15 June 20 ].
Page 2
STATEMENT OF CLAIM
Form 11A
( Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the third party including particulars of every fact or matter.
If the claim against the third party arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.
If the claim against the third party arises out of a motor vehicle collision and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this claim ).
Page 3
1. **This notice was filed—
(a) by the defendant in person;
(b) for the defendant by [ name of firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ];
(c) for the defendant by [ name or firm of Australian lawyer ], Australian lawyer, of [ business address of Australian lawyer ] as agent for [ name or firm of principal Australian lawyer ], Australian lawyer, of [ business address of principal ].
2. The address of the defendant is—
3. The address for service of the defendant is—
4. The address of the third party is—
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Strike out this paragraph where order made fixing time for
giving notice of defence and
substitute "THE PROPER TIME TO GIVE NOTICE OF DEFENCE is within days
after service on you of this notice.]
Form 11A
** [Complete or strike out as appropriate.]
__________________
FORM 11B
Form 11B
NOTICE CLAIMING CONTRIBUTION
[ heading as in Form 5A ]
TO THE DEFENDANT
TAKE NOTICE that the plaintiff has brought this proceeding against the defendants to recover damages for loss sustained [ give brief statement of plaintiff's claim ].
AND TAKE NOTICE that the [ identify party ] claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover against that party in the proceeding [ where appropriate to the extent of such amount as may be found by the Court to be just and equitable, having regard to your responsibility for such damages on the ground that [ insert ground(s) ].
FILED: [e.g. 5 September, 20 ].
__________________
FORM 12A
Form 12A
STAKEHOLDER'S INTERPLEADER SUMMONS
[ heading as in Form 5A ]
To [ the claimants ]
of [ address ]
The claimant or claimants, [ name of claimant or claimants ] has claimed the goods [ or certain goods] [ if only certain goods are claimed, list them ] [ or the proceeds of sale of [ goods ]] that are property in dispute in this proceeding.
TAKE NOTICE that the Court will hear the claim at [ time ] on [ date ].
Dated: [e.g. 5 September, 20 ].
__________________
FORM 12B
Form 12B
NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION
[ heading as in Form 5A ]
To the [ execution creditor ]
of [ address ]
TAKE NOTICE that A . B . has claimed the goods [ or certain goods] [ where only certain goods are claimed here enumerate them ] taken in execution by the Sheriff under the warrant of execution issued in this proceeding.
WITHIN 5 days of service of this notice on you, you may serve notice in writing on the Sheriff stating whether you admit or dispute the claim of A . B . to the goods.
IF you do not within the period of 5 days after service of this notice serve notice on the Sheriff stating that you admit the claim or if within the period of 5 days you serve notice in writing on the Sheriff that you dispute the claim, the Sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the Sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the Sheriff after the notice is given.
Dated [e.g. 5 September 20 ].
__________________
FORM 12C
Form 12C
SHERIFF'S INTERPLEADER SUMMONS
[ heading as in Form 5A ]
To [ execution creditor ]
of [ address ]
and
To the [ claimant ]
of [ address ]
The claimant, [ name of claimant ] has claimed the goods [ or certain goods] [ if only certain goods are claimed, list them ] [ or the proceeds of sale of [ goods ] taken in execution by [ person to whom warrant was directed ] under the warrant to seize property in this proceeding.
TAKE NOTICE that the Court will hear the claim at [ time ] on [ date ].
Dated: [e.g. 5 September, 20 ].
__________________
FORM 15A
Form 15A
Rule 15.08(7)
MAGISTRATE:
DATE MADE:
HOW OBTAINED:
[ state whether on application by summons before hearing with date of summons, or at hearing with date of commencement of hearing ]
ATTENDANCE:
OTHER MATTERS:
1. The plaintiff was born on [insert date of birth ].
2. By a compromise entered into on 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 Magistrate ] There be special leave for the application to be made to a Magistrate.
2. The compromise be approved.
3. The defendant within days after service of a copy of this
order on the defendant's Australian lawyers pay $ to the Senior Master
of the Supreme Court for the benefit of the plaintiff [ where appropriate
and
$ to the Australian lawyers for the plaintiff, to be disbursed
or retained by them in payment of the items totalling $ referred to in
the affidavit of dated 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 of the Supreme Court invest $ for the plaintiff to be paid out with the interest accrued thereon to the plaintiff upon his or her attaining the age of 18 years.
6. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed.
7. Each party have liberty to apply.
8. The exhibits to the affidavits [ where appropriate and a
transcript of the evidence with respect to the application] be transmitted to
the Senior Master's clerk.
Form 15A
DATE AUTHENTICATED:
__________________
FORM 19A
Form 19A
Rule 19.02(3)
NOTICE OF A CONSTITUTIONAL MATTER
[ heading as in Form 5A ]
1. The [ party whose case raises the matter ] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth.
2. [ State specifically the nature of the matter ].
3. [ State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies ].
Dated [e.g. 5 September 20 ].
[ Signed ]
To the registrar
And to
__________________
FORM 21A
Form 21A
Rule 21.01(2)(a)
APPLICATION FOR ORDER IN DEFAULT OF DEFENCE
[ heading as in Form 5A ]
Nature of complaint [ state shortly ]
1. The plaintiff applies for an order for the claim with interest to the date of the order and costs shown below.
2. The defendant has not given notice of defence to the plaintiff.
3. An affidavit/declaration of service of the complaint has been filed.
4. Details of the order sought are:
CLAIM
|
$ | | |
|
Less amounts paid since claim |
$ | |
| |
$ | |
INTEREST
|
Date of issue of complaint: | | |
|
to , days @ % |
$ | |
|
to , days @ % |
$ | |
| |
$ | |
[ Attach schedule where necessary ]
COSTS
Dated: [e.g. 5 September 20 ].
[ plaintiff or plaintiff's Australian lawyer ]
__________________
FORM 21B
Form 21B
Rule 21.08(2)
APPLICATION FOR AN ORDER FOR COSTS
[ heading as in Form 5A ]
Nature of complaint [ state shortly ]
1. The defendant applies for an order for costs against the plaintiff.
2. The complaint was dismissed on [ insert date or date of noncompliance ].
3. Details of the order sought are:
COSTS
|
Instructions to defend |
$ |
|
Fee on this application |
$ |
|
Necessary affidavit(s) [ specify ] |
$ |
|
Other(s) [ specify ] |
$ |
Dated: [e.g. 5 September 20 ].
[ defendant or defendant's Australian lawyer ]
__________________
FORM 22A
Form 22A
Rule 22.02(2)
APPLICATION FOR SUMMARY ORDER
[ heading as in Form 5A ]
Nature of complaint [ state shortly ]
1. The plaintiff applies for an order on the claim with interest to the date of the order and costs on the grounds set out in the accompanying affidavit( s ).
2. UNLESS you satisfy the Court, by affidavit or otherwise, that you have a good defence to the claim, or disclose facts deemed by the Court sufficient to entitle you to defend the claim, the Court may make an order in favour of the plaintiff for the amount of the claim, or part of the claim.
3. The application will be heard by the Court at [ venue ] on [ date ].
FILED: [e.g. 5 September 20 ].
This application was filed by , Australian lawyer for the [ identify party ].
__________________
FORM 28A
Form 28A
Rule 28.05(3)
ELECTRONIC LODGEMENT AUTHORISATION
This is to certify that
[ name of authorised user ]
is authorised to file documents in the Magistrates' Court of Victoria by lodging electronic messages with the Court.
Dated:
Chief Magistrate
__________________
FORM 29A
Rule 29.02(2)
NOTICE FOR DISCOVERY
[ heading as in Form 5A ]
To the [ identify party ]
You are required to make discovery of documents within 28 days after service of this notice on you.
Dated [e.g. 15 June 20 ].
[ Signed ]
__________________
FORM 29B
Form 29B
Rule 29.04
AFFIDAVIT OF DOCUMENTS
[ heading as in Form 5A ]
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 [ e.g. 8 ], referred to in Schedule 2, was last in my possession, custody or power on [ state when ] and I believe that [ state belief as to what has become of it ].
5. To the best of my knowledge, information and belief neither I nor my Australian lawyer nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2.
*6. In making a reasonable search as required by Rule 29.01.1 of Chapter I of the Rules of the Magistrates' 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 .]