SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 (SR NO 148 OF 2005)

THIS WRIT is to be served within one year from the date it is filed or within such further period as the Court orders.

Page 2

[ Plaintiff 's indorsement of a statement of claim or of a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding. ]
Form 5A

Page 3

1. Place of trial—

(If no place of trial is specified, trial will be in Melbourne.)

2. Mode of trial—

(If trial before a Judge and jury is not specified, trial will be before a Judge sitting alone.)

3.** This writ was filed—

(a) by the plaintiff in person;

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

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

4. The address of the plaintiff is—

5. The address for service of the plaintiff is—

[ Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 4, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria. ]

6. The address of the defendant is—
Form 5A

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

** [ Complete or strike out as appropriate. ]

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FORM 5B

Form 5B

Rule 5.02(2)

ORIGINATING MOTION BETWEEN PARTIES

[ heading as in Form 5A ]

TO THE DEFENDANT

TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below.

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

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

(a) filing a "Notice of Appearance" in the Prothonotary's office, 436 Lonsdale Street, Melbourne, or, where the originating motion has been filed in the office of a Deputy Prothonotary, in the office of that Deputy Prothonotary; and

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

IF YOU FAIL to file an appearance within the proper time, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice.

IF YOU FILE an appearance within the proper time, the plaintiff cannot obtain judgment against you except by application to the Court after notice to you by summons.

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

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

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

(c) where you are served with the originating motion in New Zealand or in Papua New Guinea, within 28 days after service;

(d) where you are served with the originating motion in any other place, within 42 days after service.

FILED [e.g. 15 June 20 ].

THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders.

Page 2

[ Specify the relief or remedy sought and the Act, if any, under which the claim is made, and, where it includes the answer to any question, state the question .]

Page 3

1. Place of trial—
Form 5B

(If no place of trial is specified, trial will be held in Melbourne.)

2.** This originating motion was filed—

(a) by the plaintiff in person;

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

3. The address of the plaintiff is—

4. The address for service of the plaintiff is—

[ Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 3, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria. ]

5. The address of the defendant is—

** [ Complete or strike out as appropriate. ]

_______________

FORM 5C

Form 5C

Rules 5.02(2), 41.19(2), 45.05(2)(b)

ORIGINATING MOTION BETWEEN PARTIES

( where commenced under Rule 45.05 )

[ heading as in Form 5A ]

TO THE DEFENDANT

TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below.

ALSO TAKE NOTICE that the plaintiff cannot continue with the proceeding except by order of the Court. You will be given notice by summons of any application for the order and until the summons is served you are not required to take any step in the proceeding.

[ or where a summons for an order under Rule 45.05
or for judgment will be served with the originating motion ]

IF YOU INTEND TO DEFEND the proceeding you must attend before the Court at the time and place named in the summons served with this originating motion.

FILED [e.g. 15 June 20 ].

THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders.

Page 2

[ complete as in Form 5B ]

Page 3

[ complete as in Form 5B ]

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FORM 5D

Form 5D

Rule 5.02(2)

ORIGINATING MOTION

( where no defendant )

IN THE SUPREME COURT 20 No.
OF VICTORIA

IN THE MATTER of an application by A.B . for [ describe nature of application and state the Act, if any, under which made ].

TAKE NOTICE that the plaintiff will apply to the Court on
[e.g. 20 June, 20 ] at a.m. [or p.m.] for [specify the relief or remedy sought and the Act, if any, under which the claim is made, and where it includes any question to be answered, state the question ].

FILED [e.g. 15 June 20 ].

The address of the plaintiff is—

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FORM 5E

Form 5E

Rules 5.02(2), 53.02(3)

ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53

IN THE SUPREME COURT 20 No.
OF VICTORIA

BETWEEN
A.B. Plaintiff

and

C.D. Defendant

[ or if the plaintiff does not know the name of any person in occupation ]

BETWEEN
A.B. Plaintiff

and

(The plaintiff does not know the name of any person in
occupation to make defendant)

Defendant

TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [ description of land *]

[ or where there is no defendant ]

TO EVERY PERSON IN OCCUPATION OF THE LAND AT [ description of land *]

TAKE NOTICE that this proceeding by originating motion has been commenced by the plaintiff for the recovery of land at . Further particulars of the claim appear in the affidavit made in support of the claim. A copy of the affidavit and of any exhibit referred to therein is served with this originating motion.

AND TAKE NOTICE that the plaintiff will apply to the Master in Court
No. , Supreme Court, 436 Lonsdale Street, Melbourne on [e.g. 20 June
20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. At that time the Master may refer to a Judge for hearing forthwith an application by the plaintiff for judgment.

IF YOU ARE NAMED AS DEFENDANT AND INTEND TO DEFEND THIS PROCEEDING you must:

(a) give notice of your intention by filing an appearance on or before the day specified above; and

(b) attend before the Master as specified above.

YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by:
Form 5E

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

IF YOU FAIL to file an appearance on or before the day specified above or to attend before the Master on that day, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice.

IF YOU ARE IN OCCUPATION OF THE LAND AND ARE NOT NAMED AS DEFENDANT you may attend before the Master in person or by your counsel or solicitor on the day and at the time and place specified above and apply to be made a defendant.

FILED [e.g. 15 June 20 ].

Page 2

1. Place of trial—

(If no place of trial is specified, trial will be held in Melbourne.)

2.** This originating motion was filed—

(a) by the plaintiff in person;

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

3. The address of the plaintiff is—

4. The address for service of the plaintiff is—

[ Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 3, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria. ]
Form 5E

5. [If there is a defendant] The address of the defendant is—

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

** [ Complete or strike out as appropriate. ]

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FORM 7A

Form 7A

Rule 7.13(2)

LETTER OF REQUEST FOR SERVICE OF DOCUMENT

[ heading as in originating process ]

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

And whereas in order that the matters in dispute between the parties in the proceeding may be duly determined it is necessary that [ describe the document] be served on and it has been made to appear that is a national of and is domiciled or resident in at .

Now I the Prothonotary of the Supreme Court of Victoria hereby request that for the reasons aforesaid and for the assistance of the Court you will be pleased to cause the said [and a translation of it], [both of] which I send to you with this request, to be served on of .

And I inform you that proper arrangements have been made by the Court and by the Commonwealth of Australia for the reimbursement of any expenses incurred in carrying out the service hereby requested.

And I further inform you that legal assistance with respect to the service of documents in the State of Victoria can be given by this Court at the request of a foreign court if that request is duly transmitted to the Attorney-General of the State of Victoria.

Dated [e.g. 15 June 20 ].

Prothonotary of the Supreme
Court of the State of Victoria.

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FORM 8A

Form 8A

Rule 8.05(1)

NOTICE OF APPEARANCE

[ heading as in originating process ]

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

Dated [e.g. 15 June, 20 ].

[ Signed ]

The address of the defendant is

[ where the defendant appears in person and the address of the defendant is outside Victoria The address of the defendant within Victoria for service is
].

[ where the defendant appears by a solicitor The name or firm and the business address within Victoria of the solicitor for the defendant is
].

[ where the solicitor is agent of another as agent for [ name or firm and business address of principal ].]

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FORM 8B

Rule 8.08(2)

NOTICE OF CONDITIONAL APPEARANCE

[ heading as in originating process ]

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

Dated [e.g. 15 June 20 ].

[ Signed ]

[ continue as in Form 8A ]

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FORM 10A

Form 10A

Rule 10.04(5)

HEADING AND NOTICE ON COUNTERCLAIM WHERE DEFENDANT NEW PARTY

IN THE SUPREME COURT
OF VICTORIA

20 No.

BETWEEN
A.B.

Plaintiff

and

C.D.

Defendant

(by original proceeding)

AND BETWEEN

C.D.

Plaintiff

and

A.B. and E.F.

Defendants

(by counterclaim)

To E.F .
of [ address ]

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

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

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

(a) filing a "Notice of Appearance" in the Prothonotary's office, 436 Lonsdale Street, Melbourne, or, where the counterclaim has been filed in the office of a Deputy Prothonotary, in the office of that Deputy Prothonotary; and

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

IF YOU FAIL to file an appearance within the proper time, the defendant may OBTAIN JUDGMENT AGAINST YOU on the counterclaim without further notice.
Form 10A

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

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

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

(d) where you are served with the counterclaim in any other place, within 42 days after service.

COUNTERCLAIM

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

The address of the defendant is—

The address for service of the defendant is—

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FORM 10B

Rule 10.04(6)
Form 10B

NOTICE OF APPEARANCE TO COUNTERCLAIM

[ heading as in Form 10A ]

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

Dated [e.g. 15 June 20 ].

[ Signed ]

[ continue as in Form 8A ]

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FORM 11A

Form 11A

Rule 11.15(4)(a)

THIRD PARTY NOTICE

IN THE SUPREME COURT 20 No.
OF VICTORIA

BETWEEN A.B. Plaintiff

and

C.D. Defendant

and

E.F. Third Party

To E.F.
of [ address ]

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

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

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

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

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

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

*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
Form 11A

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

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

(d) where you are served with the notice in any other place, within 42 days after service.

FILED [e.g. 15 June 20 ].

Page 2

STATEMENT OF CLAIM

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

Page 3

1. ** This notice was filed—

(a) by the defendant in person;

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

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

2. The address of the defendant is—

3. The address for service of the defendant is—

4. The address of the third party is—
Form 11A

** [ Complete or strike out as appropriate. ]

_______________

FORM 11B

Form 11B

Rule 11.15(5)

NOTICE BY ONE TORTFEASOR CLAIMING CONTRIBUTION AGAINST ANOTHER

[ heading as in originating process ]

TO THE DEFENDANT

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

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

FILED [e.g. 15 June 20 ].

_______________

FORM 12A

Form 12A

Rule 12.05(1)(b)

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION

[ heading as in originating process ]

To the [ judgment creditor ]
of [ address ]

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

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

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

Dated [e.g. 15 June 20 ].

Sheriff

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FORM 15A

Form 15A

Rule 15.08(6)

particulars as in Form 60C ]

JUDGE [ or MASTER]:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

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

ATTENDANCE:

OTHER MATTERS:

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

2. By a compromise entered into on 20 the defendant proposes to pay and the plaintiff desires to accept $ for the benefit of the plaintiff and the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceeding.

3. The Court read the following material:

(a) [ identify affidavits by date and name of deponent ];

(b) the exhibits to the affidavits including the opinion of
of Counsel dated 20 .

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

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

2. The compromise be approved.

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

4. The costs of the plaintiff, including the costs of this application, be taxed, and when taxed, paid by the defendant.
Form 15A

5. Subject to any further order, the Senior Master invest $ for the plaintiff to be paid out with the interest accrued thereon to the plaintiff upon his or her attaining the age of 18 years.

6. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed.

7. Each party have liberty to apply.

8. The exhibits to the affidavits [ where appropriate and a transcript of the evidence with respect to the application] be transmitted to the Senior Master's clerk.

DATE AUTHENTICATED:

_______________

FORM 15B

Form 15B

Rule 15.08(6)

[ other particulars as in Form 60C ]

JUDGE [ or MASTER]:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

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

ATTENDANCE:

OTHER MATTERS:

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

[name] [date of birth] .

[name] [date of birth].

2. By a compromise entered into on 20 the defendant proposes to pay and the plaintiff desires to accept [ where appropriate $ for the plaintiff and] $ and $ for and , respectively, the minors referred to above and the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceeding.

3. The Court read the following material:

(a) [ identify affidavits by date and name of deponent ];

(b) the exhibits to the affidavits including the opinion of
of Counsel dated 20 .

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

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

2. The compromise be approved.

3. The defendant within days after service of a copy of this order on the defendant's solicitors pay [where appropriate $ to the solicitors for the plaintiff, being $ for the plaintiff and the balance of $ to be disbursed or retained by them in payment of the items referred to in the affidavit
of dated 20 and] $ to the Senior Master for the benefit of the minors referred to above, being $ for the benefit of and $ for the benefit of .
Form 15B

4. The costs of the plaintiff, including the costs of this application, be taxed and, when taxed, paid by the defendant.

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

[ continue as in Form 15A ]

_______________

FORM 18AA

Form 18AA

Rule 18A.02

NOTICE OF CONSENT TO BE A GROUP MEMBER

[ heading as in originating process ]

To: The Plaintiff and the Defendant

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

Dated: [e.g. 15 June 20 ]

[ Signed ]

Signature of person consenting or his or her solicitor

Address of person consenting:

Position of person consenting:

_______________

FORM 18AB

Form 18AB

Rule 18A.04

NOTICE OF OPTING OUT BY GROUP MEMBER

[ heading as in originating process ]

To: The Prothonotary

The Plaintiff

The Defendant

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

Dated: [e.g. 15 June 20 ]

[ Signed ]

Signature of group member or his or her solicitor:

Address of group member:

_______________

FORM 19A

Form 19A

Rule 19.02(3)

NOTICE OF A CONSTITUTIONAL MATTER

[ heading as in originating process ]

1. The [ party whose case raises the matter ] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth.

2. [ State specifically the nature of the matter ].

3. [ State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies ].

Dated [e.g. 15 June 20 ].

[ Signed ]

To the Prothonotary

And to

_______________

FORM 29A

Rule 29.02(2)

NOTICE FOR DISCOVERY

[ heading as in originating process ]

To the [ identify party ]

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

Dated [e.g. 15 June 20 ].

[ Signed ]

_______________

FORM 29B

Form 29B

Rule 29.04

AFFIDAVIT OF DOCUMENTS

[ heading as in originating process ]

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

1. I have in my possession, custody or power, the documents relating to the questions in this proceeding enumerated in Schedule 1.

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 document relating to the questions in the proceeding enumerated in Schedule 2.

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

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

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

SCHEDULE 1

Part 1

Part 2

Form 29B

SCHEDULE 2

Sworn, etc.

_______________

FORM 29C

Form 29C

Rules 29.09(3), 29.10(5)

NOTICE TO PRODUCE

[ heading as in originating process ]

To the [ identify party ]

TAKE NOTICE that the [ identify party ] requires you to produce for that party's inspection the following documents referred to in your [writ, pleading, particulars, affidavit, etc .] [ describe documents required ].

Dated [e.g. 15 June 20 ].

[ Signed ]

_______________

FORM 29D

Rule 29.12.1(2)

NOTICE OF DEFAULT IN MAKING DISCOVERY OF DOCUMENTS

[ heading as in originating process ]

To the [ identify party ]

YOU have failed to make discovery of documents to the [ identify party ] within the time limited by the Rules [or fixed by order of the Court made on [e.g. 20 June 20 ].

TAKE NOTICE that unless you make discovery of documents to the [ identify party ] within 7 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [ or the defendant will apply to the Court for an order that the proceeding be dismissed].

Dated [e.g. 20 June 20 ].

[ Signed ]

_______________

FORM 30A

Form 30A

Rule 30.09.1(2)

NOTICE OF DEFAULT IN ANSWERING INTERROGATORIES

[ heading as in originating process ]

To the [ identify party ]

YOU have failed to answer interrogatories served by the [ identify party ] for your examination within the time limited by the Rules [ or fixed by order of the Court made on e.g. 20 June 20 ].

TAKE NOTICE that unless you answer the interrogatories within 7 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [ or the defendant will apply to the Court for an order that the proceeding be dismissed].

Dated [e.g. 20 June 20 ].

[ Signed ]

_______________

FORM 35A

Form 35A

Rules 35.03(4), 35.05(4)

NOTICE TO ADMIT

[ heading as in originating process ]

To the [ identify party ]

TAKE NOTICE that if you do not, within [ specify a number not less than 14 ] days after service of this notice upon you, serve a notice upon the
disputing any fact specified [ or the authenticity of any document mentioned] below, that fact [ or the authenticity of that document] shall, for the purpose of this proceeding only, be taken to be admitted by you in favour of the . If you do serve a notice disputing that fact [or the authenticity of that document], and afterwards that fact [ or the authenticity of that document] is proved, you shall pay the costs of proof, unless the Court otherwise orders.

2. [specify each fact ]

1. [mention each document ]

Dated [e.g. 15 June 20 ].

[ Signed ]

_______________

FORM 35B

Form 35B

Rules 35.03(4), 35.05(4)

NOTICE OF DISPUTE

[ heading as in originating process ]

To the [ identify party ]

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

[ identify each fact ]

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

[ identify each document ]

Dated [e.g. 15 June, 19 ].

[ Signed ]

_______________

FORM 39A

Form 39A

Rule 39.05(b)

DEED OF GUARANTEE

[ heading as in originating process ]

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

Whereas by an order of the Supreme Court of the State of Victoria made
the day of 20 , in the abovementioned proceeding, [ name ] of [ address ], called "the receiver", has been appointed to receive [ or receive and manage] [ follow words of the order ].

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

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

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

Guarantee for $ . Annual premium $ .

The Common Seal of)

was)

hereunto affixed in)

the presence of)

_______________

FORM 41A

Form 41A

Rule 41.01(2)

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

_______________

FORM 41B

Form 41B

Rule 41.01(2)

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

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

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

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

5. The depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be sent by the examiner, under seal, to the Prothonotary of the Supreme Court of Victoria, 436 Lonsdale Street, Melbourne, on or before , 20 or such further day as may be ordered, there to be filed in the Prothonotary's office.

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

7. The costs of this application and the examination be costs in the proceeding .
Form 41B

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

__________________

FORM 41C

Form 41C

Rule 41.01(3)

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

E.F . of [ address ]

G.H. of [ address ]

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

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

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

_______________

FORM 41D

Form 41D

Rule 41.13(2)

LETTER OF REQUEST FOR EXAMINATION OF WITNESS

[ heading as in originating process ]

To [the competent judicial authority] of .

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

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

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

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

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

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

Dated [e.g. 15 June 20 ].
Form 41D

_______________

FORM 41AA

Form 41AA

Rule 41A.02

NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958

[ heading as in originating process ]

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/Practice Court Hearing/Directions Hearing/Taxation of Costs/Other]

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

4. Suggested time ( if any ) for link—

5. Estimate of duration of link—

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

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

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

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

Date:

[ Signature ]

strike out as appropriate.

PART 2—PARTICULARS OF HEARING

Form 41AA

( to be completed by the Prothonotary )

The application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne [ or the Master in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne] 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 ].

strike out as appropriate.

_

FORM 42A

Form 42A

Rule 42.02(2)

SUBPOENA TO GIVE EVIDENCE

[ heading as in originating process* ]

To [ name ]

of [ address ]:

THE COURT ORDERS that you attend for the purpose of giving evidence—

(a) before the Court [ or as the case requires ];

(b) at [ address of Court or other place ];

(c) at 10.30 a.m. [ or as the case requires* ] on [ date ], or, if notice of a later day is given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party, the later day, and until you are excused from further attending.

or

at 10.30 a.m. [ or as the case requires* ] on a day during the sittings beginning on [ date ], notice of which day will be given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party and until you are excused from further attending, or on a day and at a time during any later sittings in which this proceeding is heard, notice of which day and time is so given, and until you are excused from further attending.

FILED [e.g. 15 June 20 ].

Prothonotary

Filed by the [ identify party ].

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) any question concerning this subpoena should be addressed not to the Court but to the solicitor for the party who filed the subpoena.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[ Strike out as appropriate* ]

_

FORM 42B

Form 42B

Rule 42.02(2)

SUBPOENA FOR PRODUCTION

( Subpoena to a natural person )

[ heading as in originating process ]

To [ name ]

of [ address ]:

THE COURT ORDERS that you attend and produce this subpoena and the documents and things described in the schedule—

(a) before the Court [ or as the case requires ];

(b) at [ address of Court or other place ];

(c) at 10.30 a.m. [ or as the case requires* ] on [ date ], or, if notice of a later day is given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party, the later day, and until you are excused from further attending.

or

at 10.30 a.m. [ or as the case requires* ] on a day during the sittings beginning on [ date ], notice of which day will be given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party and until you are excused from further attending, or on a day and at a time during any later sittings in which this proceeding is heard, notice of which day and time is so given, and until you are excused from further attending.

Instead of so attending, you may produce this subpoena and the documents and things described in the schedule to the Prothonotary of the Supreme Court, 436 Lonsdale Street, Melbourne, by hand or by post, in either case so that the Prothonotary receives them not later than two days (excluding Saturdays, Sundays or other holidays) before the first date on which you are required to attend. [ Delete this paragraph when production is required otherwise than to the Supreme Court or any officer of the Court .]

SCHEDULE

Form 42B

[ description of documents and things ]

FILED [e.g. 15 June 20 ].

Filed by the [ identify party ].

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena 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 subpoena should be directed not to the Court but to the solicitor for the party who filed the subpoena.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Strike out as appropriate ]

_______________

FORM 42C

Form 42C

Rule 42.02(2)

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE

[ heading as in originating process ]

To [ name ]

of [ address ]:

THE COURT ORDERS that you attend and produce this subpoena and the documents and things described in the schedule and attend for the purpose of giving evidence—

(a) before the Court [ or as the case requires ];

(b) at [ address of Court or other place ];

*(c) at 10.30 a.m. [ or as the case requires ] on [ date ], or, if notice of a later day is given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party, the later day, and until you are excused from further attending.

*at 10.30 a.m. [ or as the case requires ] on a day during the sittings beginning on [ date ], notice of which day will be given to you by the [ identify party by whom subpoena filed ] or by the solicitor for that party and until you are excused from further attending, or on a day and at a time during any later sittings in which this proceeding is heard, notice of which day and time is so given, 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 subpoena to the Prothonotary of the Supreme Court, 436 Lonsdale Street, Melbourne, by hand or by post, in either case so that the Prothonotary receives them not later than two 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 Prothonotary you will still be required to attend to give evidence as directed above. [ Delete this paragraph when production is required otherwise than to the Supreme Court or any officer of the Court ].

SCHEDULE

Form 42C

[ description of documents and things ]

FILED [e.g. 15 June 20 ].

Filed by the [ identify party ].

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(3) any question concerning this subpoena should be directed not to the Court but to the solicitor for the party who filed the subpoena.

_______________

FORM 42D

Form 42D

Rule 42.02(2)

SUBPOENA FOR PRODUCTION

(Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents and things)

[ heading as in originating process ]

To [ name of corporation ]

of [ address ]:

THE COURT ORDERS that—

1. [ name of corporation ], called "the corporation", shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to attend and produce them—

(a) before the Court [ or as the case requires ];

(b) at [ address of Court or other place ];

Instead of so attending, the corporation may produce this subpoena and the documents and things described in the schedule to the Prothonotary of the Supreme Court, 436 Lonsdale Street, Melbourne, by hand or by post, in either case so that the Prothonotary receives them not later than two days (excluding Saturdays, Sundays or other holidays) before the first date on which the officer is required to attend. [ Delete this paragraph when production is required otherwise than to the Supreme Court or any officer of the Court .]

2. The officer who is to attend shall make enquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him or her to answer concerning the possession or custody of those documents and things.
Form 42D

SCHEDULE

[ description of documents and things ]

FILED [e.g. 15 June 20 ].

Filed by the [ identify party ].

Note that—

(1) if the corporation fails to comply with this subpoena, the subpoena may be enforced by arrest of an officer of the corporation;

(2) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may in writing on or attached to this subpoena 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 questions concerning this subpoena should be directed not to the Court but to the solicitor for the party who filed the subpoena.

_______________

FORM 42E

Form 42E

Rule 42.10(3)

SUBPOENA FOR PRODUCTION TO PROTHONOTARY
(Subpoena to a natural person )

[ heading as in originating process ]

To [ name ]

of [ address ]:

THE COURT ORDERS that you do produce this subpoena (or a copy of this subpoena) and the documents described in the Schedule to the Prothonotary of the Supreme Court, Level 2, 436 Lonsdale Street, Melbourne, by hand or by post, on or before [ date for compliance ].

If this subpoena (or a copy) and the documents described in the Schedule are produced by post to the Prothonotary, they must be sent so that the Prothonotary receives them before the date mentioned above.

If compliance with the subpoena requires the production of a document which is not in writing (such as a photograph, computer disk, diskette, audio-tape, video-tape etc.—see Interpretation of Legislation Act 1984 , section 38) then, provided the original is held by you until trial, a copy only need be produced to the Prothonotary. If a copy is produced, it must be clearly marked as such and it may be used by the Prothonotary for the purposes of inspection and, if necessary, copying.

SCHEDULE

[ description of documents ]

[ If necessary, attach schedule describing documents ]

NOTES

(1) If you do not comply with this subpoena you may be arrested.

(2) Any documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena (or a copy) request that the documents 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 subpoena should be directed not to the Court but to the solicitor for the party who filed the subpoena.

FURTHER NOTES

Form 42E

All documents produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following, may be inspected in the meantime by each party to the proceeding and his, her or its solicitor, and copies taken.

1. If you are the person required by this subpoena to produce documents :

If you have any objection to producing the documents or to their being inspected by any one or more of the parties to the proceeding, you must notify the Prothonotary in writing of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party filing this subpoena is required to inform you of the time and place when your objection will be heard by a Judge or a Master of the Court.

2. If you are a party to the proceeding and have been served with a copy of this subpoena :

If you object to the documents being inspected by another party to the proceeding, you must notify the Prothonotary of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party filing this subpoena is required to inform you of the time and place when your objection will be heard by a Judge or a Master of the Court.

However, if you are the plaintiff in this proceeding and this subpoena seeks from another person the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect the file or record produced to the Prothonotary and, after such inspection, notify any objection you may have to inspection of that file or record by any other party, provided that you make your inspection and notify your objection and the grounds of that objection, if any, in writing within seven days after the day specified in the subpoena for production.

3. If you are the party who filed this subpoena :

If any objection is taken, either to the production of the documents or to their being inspected, you will be informed by the Prothonotary of the objection and of the time and place when the objection will be heard. You are required promptly to inform the person named in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.

Documents produced in compliance with this subpoena may not be removed from the custody of the Prothonotary, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42.10(14) of Chapter I of the Rules of Court is then relevant:

"(14) A solicitor signing such an application undertakes to the Court by force of this Rule if removing the document from the office of the Prothonotary—
Form 42E

(a) to keep the document in his or her personal custody or in the custody of a barrister briefed by the solicitor in the proceeding until the document is returned to the Prothonotary; and

(b) to return the documents to the Prothonotary at the time appointed by the Prothonotary.".

A breach of this undertaking may be dealt with as a contempt of court.

_______________

FORM 42F

Form 42F

Rule 42.10(3)

SUBPOENA FOR PRODUCTION TO PROTHONOTARY
( Subpoena to a corporation )

[ heading as in originating process ]

To [ name of corporation ]

of [ address ]:

THE COURT ORDERS that [ name of corporation ] (called "the corporation") do produce this subpoena (or a copy of this subpoena) and the documents described in the Schedule by causing its proper officer to produce them to the Prothonotary of the Supreme Court, Level 2, 436 Lonsdale Street, Melbourne, by hand or by post, on or before [ date for compliance ].

If this subpoena (or a copy) and the documents described in the Schedule are produced by post to the Prothonotary, they must be sent so that he receives them before the date mentioned above.

If compliance with the subpoena requires the production of a document which is not in writing (such as a photograph, computer disk, diskette, audio-tape, video-tape etc.—see Interpretation of Legislation Act 1984 , section 38) then, provided the original is held by the corporation until trial, a copy only need be produced to the Prothonotary. If a copy is produced, it must be clearly marked as such and it may be used by the Prothonotary for the purposes of inspection and, if necessary, copying.

SCHEDULE

[ description of documents ]

[ If necessary, attach schedule describing documents ]

NOTES

(1) If the corporation does not comply with this subpoena, the subpoena may be enforced by arrest of an officer of the corporation.

(2) Any documents produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but the corporation may in writing on or attached to this subpoena (or a copy) request that the documents 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 subpoena should be directed not to the Court but to the solicitor for the party who filed the subpoena.

FURTHER NOTES

Form 42F

1. Notice to the corporation:

If the corporation has any objection to producing the documents or to their being inspected by one or all of the parties to the proceeding, it must notify the Prothonotary in writing of its objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party filing this subpoena is required to inform the corporation of the time and place when its objection will be heard by a Judge or a Master of the Court.

2. If you are a party to the proceeding and have been served with a copy of this subpoena:

If you object to the documents being inspected by another party to the proceeding, you must notify the Prothonotary in writing of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party filing this subpoena is required to inform you of the time and place when your objection will be heard by a Judge or a Master of the Court.

3. If you are the party who filed this subpoena:

If any objection is taken, either to the production of the documents or to their being inspected, you will be informed by the Prothonotary of the objection and of the time and place when the objection will be heard. You are required promptly to inform the corporation named in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.

"(14) A solicitor signing such an application undertakes to the Court by force of this Rule if removing the document from the office of the Prothonotary—

(a) to keep the document in his or her personal custody or in the custody of a barrister briefed by the solicitor in the proceeding until the document is returned to the Prothonotary; and

(b) to return the documents to the Prothonotary at the time appointed by the Prothonotary.".

A breach of this undertaking may be dealt with as a contempt of court.
Form 42F

_______________

FORM 43A

Form 43A

Rule 43.06(3)

CERTIFICATE IDENTIFYING EXHIBIT

[ heading as in affidavit ]

This is the exhibit marked [ e.g. "ABC1" ] now produced and shown to [ identify deponent ] at the time of swearing the person's affidavit on [ date ].

[ Signature of person taking affidavit ]

[ state distinguishing mark of exhibit
and briefly and specifically described exhibit:
e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09 ]*

* print distinguishing mark and description in bold type and in a font size not less than 20 points in lower right hand corner of the page.

_______________

FORM 44A

Form 44A

Rule 44.01

EXPERT WITNESS CODE OF CONDUCT

1. A person engaged as an expert witness has an overriding duty to assist the Court impartially on matters relevant to the area of expertise of the witness.

2. An expert witness is not an advocate for a party.

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

(a) the name and address of the expert;

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

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

(e) (i) the reasons for,

(ii) any literature or other materials utilised in support of,

(iii) a summary of—

each such opinion;

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

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

(h) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;

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

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

4. Where an expert witness has provided to a party (or that party's legal representative) a report for the use of the Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i) and (j) of clause 3 of this code and, if applicable, paragraph (f) of that clause.
Form 44A

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

(a) confer with any other expert witness; and

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

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

__________________

FORM 45A

Form 45A

Rule 45.04(2); 45.05(6)

SUMMONS ON ORIGINATING MOTION

[ heading as in originating process ]

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

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

The application will be heard before the Master in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne, on [e.g. 20 June 20 ] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.

The Master may, as appropriate—

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

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

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

FILED [e.g. 15 June 20 ].

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

_______________

FORM 46A

Form 46A

Rule 46.04(1)

SUMMONS

[ heading as in originating process ]

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

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

The application will be heard before the Judge in the Practice Court [or the Master in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne], Supreme Court, William Street, Melbourne, 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 ].

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

_______________

FORM 48A

Form 48A

Rule 48.03

NOTICE OF TRIAL

[ heading as in originating process ]

To the [ identify parties ]

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

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

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

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

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

As for the trial itself—

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

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

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

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

Dated [ insert date ]

* delete if inapplicable

[ Signed ]

__________________

FORM 48B

Form 48B

Rule 48.03

NOTICE OF TRIAL

[ heading as in originating process ]

To the [ identify parties ]

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

Dated [ insert date ]

[ Signed ]

_______________

FORM 53A

Form 53A

Rule 53.07(2)

JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

[ heading as in Form 5E ]

[ other particulars as in Form 60A ]

THE JUDGMENT OF THE COURT IS THAT:

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

[ other particulars as in Form 60D ]

_______________

FORM 53B

Form 53B

Rule 53.08(3)

WARRANT OF POSSESSION IN SUMMARY PROCEEDING FOR RECOVERY OF LAND

[ heading as in Form 5E ]

TO THE SHERIFF:

In respect of the judgment dated [e.g. 20 April 20 ] by which it was adjudged that the plaintiff recover possession of the land described in the schedule [ where there is a defendant and that the defendant pay the plaintiff
$ costs or the plaintiff's costs, which have been taxed at $ ], enter the land and cause the plaintiff to have possession of it [ where there is a defendant ], and levy on the property of the defendant which is authorised by law to be taken in execution for [ continue as in Form 68A as for a levy for costs only ] and indorse [ continue as in Form 68A ].

SCHEDULE

[ Describe land as in judgment ]

Issued [e.g. 15 June 20 ].

By the Court

Issued at the request of the plaintiff.

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

_______________

FORM 57A

Form 57A

Rule 57.03(3)

WRIT OF HABEAS CORPUS

[ heading as in Form 5A ]

TO THE DEFENDANT:

of [ address ]

HAVE the plaintiff [ or name of person restrained, if not the plaintiff ] before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [e.g. 20 June 20 ] and thereafter submit to the further order of the Court as to his or her custody.

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

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

Issued [e.g. 15 June 20 ].

By the Court

_______________

FORM 58A

Form 58A

Rule 58.18

IN THE SUPREME COURT OF VICTORIA 20 No.

AT MELBOURNE

In the matter of section 80B of the Children and Young Persons Act 1989

BETWEEN AB Appellant

AND CD Respondent

NOTICE OF APPEAL

Date of document:

Filed on behalf of the Appellant

Prepared by: [ insert details ]

TAKE NOTICE that the abovementioned appellant appeals to the Supreme Court under section 80B of the Children and Young Persons Act 1989 against the decision of the Children's Court of Victoria made on [ insert date ].

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

was as attached [ attach copy of order ]

The appellant appeals against the whole of that order

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

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

This appeal will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne on the day of 20 at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.

Signed by the Appellant

or the Appellant's solicitors

_______________

FORM 58B

Rule 58.24
Form 58B

NOTICE OF APPEAL AND UNDERTAKING TO PROSECUTE

[under section 116 or section 197 of the Children and Young Persons Act 1989 ]

The name of the appellant is:

The name and address of the respondent is:

1. To the Registrar of the Children's Court at:

2. To the Prothonotary at:

3. And to the abovenamed respondent:

A. The proceeding(s) appealed from—

1. Venue of the Children's Court appealed from:

2. Date(s) of order(s) made in the Children's Court:

3. Particulars of order(s) [ if space insufficient attach extra page(s) ]

B. The appeal is to be heard by the Supreme Court *at a.m. [or p.m.] on [date] , at , [or] *at a time and place to be fixed by the Prothonotary.

C. General Grounds of Appeal

[ insert particulars ]

D. 1. Appellant's personal address for service:

2. Solicitor's name and address for service:

E. The appellant requests the Prothonotary to list the appeal.

Dated:

Signature of *Appellant/*Solicitor for Appellant

* Delete if inapplicable.

UNDERTAKING TO PROSECUTE

Form 58B

I, [ name ]

of [ address ] UNDERTAKE to

(i) (a) *appear at the Supreme Court to prosecute the appeal at a.m. [or p.m.] on [date] , at 210 William Street, Melbourne, to be present in the Supreme Court for the duration of the appeal; and

(b) *appear at the Supreme Court sitting at to prosecute the appeal on a day to be fixed by the Prothonotary and to be present for the duration of the appeal; and

(ii) to notify the Prothonotary in writing of any change of address from that appearing in the notice of appeal.

Dated:

Signature of appellant

In the presence of:

[Qualification of witness: see clause 2(2), Schedule 6, Magistrates' Court Act 1989 as amended by section 116 of the Children and Young Persons Act 1989 ]

* Delete if inapplicable.

_______________

FORM 58C

Rule 58.27(1)
Form 58C

NOTICE OF ABANDONMENT OF APPEAL

[ When sentence of detention imposed ]

IN THE SUPREME COURT

OF VICTORIA

The name of the appellant is:

The name and address of the respondent is:

1. To the Prothonotary at:

2. To the abovenamed respondent:

I wish to abandon my appeal against *conviction/*sentence/*order.

I give notice of the abandonment of the appeal, particulars of which are set out below:

1. Venue of Children's Court at which *conviction/*sentence/*order was imposed or made:

2. Date of charge:

3. Nature of offence (state shortly):

4. Date of *conviction/*sentence/*order:

5. Particulars of *conviction/*sentence/*order:

I acknowledge that the *conviction/*sentence/*order appealed from shall now take effect.

[*and I surrender myself to the Prothonotary at .]

Dated:

Signature of appellant

* Delete if inapplicable.

_______________

FORM 58D

Rule 58.27(2)
Form 58D

NOTICE OF ABANDONMENT OF APPEAL

[ Other than when sentence of detention imposed ]

IN THE SUPREME COURT

OF VICTORIA

The name of the appellant is:

The name and address of the respondent is:

1. To the Prothonotary at:

2. To the abovenamed respondent:

I wish to abandon my appeal against the order(s) made by the Children's Court.

I give notice of the abandonment of the appeal, particulars of which are set out below:

1. Venue of Children's Court at which order(s) made:

2. *Date of charge(s):

3. *Nature of offence (state shortly):

4. Date of order(s) appealed from:

5. Particulars of order(s) [ if space insufficient attach extra page(s) ]

I acknowledge that the order(s) appealed from shall now take effect.

Dated:

Signature of appellant

* Delete if inapplicable.

_______________

FORM 58E

Rule 58.28(1)
Form 58E

IN THE SUPREME COURT

OF VICTORIA

In the matter of the Children and Young Persons Act 1989
and
In the matter of an appeal by
[ name of appellant ]

ORDER

*Judge/*Prothonotary

Date made:

The Appellant *failed to appear at the time listed for the hearing of the appeal [ or ]
*abandoned the appeal in accordance with clause 6 of Schedule 6 to the Magistrates' Court Act 1989 .

THE COURT ORDERS THAT the appeal be struck out.

[When a custodial order was imposed in the Children's Court—the Appellant *has/*has not been returned to custody]

Date:

*Judge/*Prothonotary

* Delete if inapplicable.

[A copy of this order is to be provided to:
The Children's Court
The respondent or to the respondent's solicitor].

_______________

FORM 58F

Rule 58.29(1)
Form 58F

NOTICE OF SUPREME COURT'S DECISION ON APPEAL

To the Prothonotary at:

To the Registrar of the Children's Court at:

Regarding an appeal from order(s) recorded at the Children's Court at
on [date]

Appellant

Respondent

The details are as follows:

Before the Honourable Justice at on [date] .

Registrar's Number

Order(s) Appealed Against

Result of Appeal

[When a custodial sentence was imposed or confirmed—the appellant *has/*has not been returned to custody]

Associate

* Delete if inapplicable.

_______________

FORM 58G

Rule 58.30
Form 58G

APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR

Appeal No:

[ date ]

To: The Prothonotary

and

To: The Respondent
of

Appellant's name
Address

CHILDREN'S COURT APPEALED FROM:

I hereby apply for an order setting aside an order made on [ insert date of order ] striking out my appeal for my failure to appear.

The application is made on the ground that my failure to appear was not due to fault or neglect on my part.

(Give details here of reasons for non-appearance)

Dated:

Signature of Appellant

[Notice of this application must be served on the respondent a reasonable time before making of the application and in the same way as a notice of appeal—section 89 of the Magistrates' Court Act 1989 ]

If the Supreme Court grants the application it must order the reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal.

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

[Office use only]
Form 58G

To: 1. The Appellant

2. Prosecuting Agency

3. The Registrar of the Children's Court at

The Application for rehearing is listed for at a.m.

_______________

FORM 58H

Rule 58.31(1)
Form 58H

APPLICATION FOR REHEARING OF APPEAL

[Appeals under section 116 of the Children and Young Persons Act 1989 ]

Appeal No:

[ date ]

To: The Prothonotary

and

To: The Respondent
of

Appellant's name
Address

CHILDREN'S COURT APPEALED FROM:

I hereby apply for a rehearing of my appeal which was heard and determined on [ insert date ] in my absence.

The application is made on the ground that my failure to appear was not due to fault or neglect on my part—section 89A(6) of the Magistrates' Court Act 1989 .

(Give details here of reasons for non-appearance—section 89A(4)(a) of the Magistrates' Court Act 1989 )

Dated:

Signature of Appellant

If the Supreme Court grants the application it must order the reinstatement of the Children's Court order and reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal—section 89A(5)(a) and (b) of the Magistrates' Court Act 1989 .

The granting of the application for rehearing acts as a stay of the order of the Children's Court or the dismissal of the application by the Children's Court—section 89A(5)(c) of the Magistrates' Court Act 1989 .

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

[Office use only]
Form 58H

To: 1. The Appellant

2. Prosecuting Agency

3. The Registrar of the Children's Court at

The Application for rehearing is listed for at a.m.

_______________

FORM 58J

Rule 58.31(2)
Form 58J

APPLICATION FOR LEAVE TO APPLY OUT OF TIME FOR REHEARING OF APPEAL

[Appeals under section 116 of the Children and Young Persons Act 1989 ]

Appeal No:

[ date ]

To: The Prothonotary

and

To: The Respondent
of

Appellant's name
Address

CHILDREN'S COURT APPEALED FROM:

I hereby seek leave to apply outside the prescribed period of 30 days from the date of hearing of the appeal for the rehearing of the appeal.

My appeal was heard and determined on [ insert date ] in my absence.

The application is made on the ground that my failure to apply for a rehearing of the appeal within 30 days after being notified in writing of the determination of the appeal was due to the following exceptional circumstances—section 89A(3) of the Magistrates' Court Act 1989 .

State here the exceptional circumstances relied upon

Dated:

Signature of Appellant

[Notice of this application must be served on the respondent a reasonable time before the making of the application and in the same way as a notice of appeal—section 89A(4)(b) of the Magistrates' Court Act 1989 ]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

[Office use only]
Form 58J

To: 1. The Appellant

2. Prosecuting Agency

3. The Registrar of the Children's Court at

The Application for Leave is listed for at a.m.

__________________

FORM 59A

Form 59A

Rule 59.05(4)

NOTICE OF JUDGMENT

[ heading as in originating process ]

To [ name ]

of [ address ]

TAKE NOTICE that—

1. A judgment [ or An order] of the Court was given [ or made] on [e.g. 20 April 20 ] by which it was [state substance of judgment or order ].

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

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

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

Dated [e.g. 15 June 20 ].

[ Signed ]

_______________

FORM 60A

Form 60A

GENERAL FORM OF JUDGMENT GIVEN

[ heading as in originating process ]

JUDGMENT

JUDGE [or MASTER]: [e.g. Justice or Master ]

DATE GIVEN: [e.g. 20 June 20 ]

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

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

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

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

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

DATE AUTHENTICATED:

_______________

FORM 60B

Form 60B

GENERAL FORM OF JUDGMENT ENTERED

[ heading as in originating process ]

JUDGMENT

DATE ENTERED:

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

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

THE JUDGMENT OF THE COURT IS THAT:

2. [ terms of judgment ]

_______________

FORM 60C

Form 60C

GENERAL FORM OF ORDER

[ heading as in originating process ]

ORDER

JUDGE [ or MASTER]:

DATE MADE:

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

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

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

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

THE COURT ORDERS THAT:

2. [ terms of order ]

DATE AUTHENTICATED:

_______________

FORM 60D

Form 60D

JUDGMENT AT TRIAL BY JUDGE WITHOUT A JURY

[ heading as in originating process ]

JUDGE:

DATE GIVEN:

ORIGINATING PROCESS:

HOW OBTAINED: Trial without a jury, commenced on [ e.g. 15 June
20 ].

ATTENDANCE:

OTHER MATTERS:

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

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

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

DATE AUTHENTICATED:

_______________

FORM 60E

Form 60E

JUDGMENT AT TRIAL BY JUDGE WITH A JURY

[ heading as in originating process ]

JUDGE:

DATE GIVEN:

ORIGINATING PROCESS:

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

ATTENDANCE:

OTHER MATTERS: [ set out findings of jury ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

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

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

DATE AUTHENTICATED:

_______________

FORM 60F

Form 60F

JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION

[ heading as in originating process ]

JUDGE:

DATE GIVEN [ or MADE]:

ORIGINATING PROCESS:

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

ATTENDANCE:

OTHER MATTERS: The Court finds that:

[ state findings of Court ]

THE JUDGMENT OF THE COURT IS THAT:

[ e.g. ]

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

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

[ or THE COURT ORDERS THAT:]

[ e.g. ]

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

DATE AUTHENTICATED:

_______________

FORM 60G

Form 60G

DEFAULT JUDGMENT FOR DEBT

[ heading as in originating process ]

DATE ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

_______________

FORM 60H

DEFAULT JUDGMENT FOR RECOVERY OF LAND

[ heading as in originating process ]

DATE ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

_______________

FORM 60J

Form 60J

INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DAMAGES IN DEFAULT

[ heading as in originating process ]

DATE INTERLOCUTORY JUDGMENT ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

JUDGE [ or MASTER]:

DATE FINAL JUDGMENT GIVEN:

HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

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

_______________

FORM 60K

Form 60K

FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT

[ heading as in originating process ]

JUDGE [ or MASTER]:

DATE FINAL JUDGMENT GIVEN:

ORIGINATING PROCESS:

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

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

_______________

FORM 60L

Form 60L

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

[ heading as in originating process ]

DATE INTERLOCUTORY JUDGMENT ENTERED:

ORIGINATING PROCESS:

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

THE JUDGMENT OF THE COURT IS THAT:

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

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

JUDGE [ or MASTER]:

DATE FINAL JUDGMENT GIVEN:

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

ATTENDANCE:

THE JUDGMENT OF THE COURT IS THAT:

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

DATE AUTHENTICATED:

_______________

FORM 61A

Form 61A

Rule 61.02(1)(a)

APPLICATION TO MASTER FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[ heading as in originating process ]

This application is made to a Master by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated the [e.g. 20 June 20 ] for $
and costs.

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

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

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

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

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

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

Dated 20 .

Signature of Applicant or Applicant's Solicitor

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

_______________

FORM 61B

Form 61B

Rule 61.02(1)(b)

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

[ heading as in originating process ]

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

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

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

The grounds on which the application is made are

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

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

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

Dated 20 .

Signature of Applicant or Applicant's Solicitor

[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of the judgment debtor's financial situation which gives the information required by Form 72C .]
Form 61B

_______________

FORM 61C

Form 61C

Rule 61.02(2)

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

[ heading as in originating process ]

This application is made to the Court by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [e.g. 20 June 20 ] for $ and costs.

$ is now owing under the judgment, being—

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

(b) $ , the amount of costs;

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

The grounds on which the application is made are

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

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

TAKE NOTICE that the application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on 20
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

The address for service of the [ judgment creditor or judgment debtor ] is
Form 61C

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

Dated 20 .

Signature of Applicant or Applicant's Solicitor

_______________

FORM 61D

Form 61D

Rule 61.02(5)

[ follow Form 60C except as below ]

THE COURT ORDERS THAT:

The [ judgment debtor ] pay to the [ judgment creditor ] $ , being the sum owing in respect of a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ e.g. 20 June 20 ] by instalments as follows:

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

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

[ complete appropriately ]

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

[ complete appropriately ]

_______________

FORM 61E

Form 61E

Rule 61.02(6)

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

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

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

Dated 20 .

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

_______________

FORM 61F

Form 61F

Rule 61.02(7)

NOTICE OF OBJECTION

[ heading as in originating process ]

To Master

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

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

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

Dated 20 .

Signature of Objector or Objector's Solicitor

_______________

FORM 61G

Form 61G

Rule 61.02(9)

NOTICE OF HEARING OF OBJECTION

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

The objection will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on 20 at a.m. [ or p.m] or so soon afterwards as the business of the Court allows.

Dated 20 .

_______________

FORM 61H

Form 61H

Rule 61.02(10)

NOTICE BY COURT RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

THIS NOTICE is given in relation to the judgment dated [ e.g. 20 June
20 ] by which it was adjudged that the [judgment debtor] pay to the [judgment creditor] $ and costs.

[ to be completed where a Master has refused to order the payment of the judgment debt by instalments ]

On 20 Master refused an application by the [ judgment creditor or judgment debtor ] for an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments.

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

[ to be completed where a Master has ordered the payment of the judgment debt by instalments ]

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

TAKE NOTICE that the [ judgment creditor or judgment debtor ] filed notice of objection to the order of the Master and that on 20 the Court made an order that the order of the Master be confirmed [ or varied as follows: complete appropriately ] [ or cancelled].
Form 61H

Dated 20 .

By the Court
Prothonotary

_______________

FORM 61J

Form 61J

Rule 61.03(1)

INSTALMENT AGREEMENT

[ heading as in originating process ]

1. This agreement is made between the [ judgment creditor ] of [ usual place of residence or of business or registered office ] and the [ judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [e.g. 20 June 20 ] for $ and costs.

2. $ is owing under the judgment, being—

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

(b) $ , the amount of costs;

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

(a)

Number of instalments:

(b)

Amount of each instalment:

(c)

Weekly, monthly or other period for payment:

(d)

Date of payment of—
first instalment:

last instalment:

(e)

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

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

Dated 20 .

Signed by the judgment creditor:

Witness:

Signed by the judgment debtor:
Form 61J

Witness:

_______________

FORM 61K

Form 61K

Rule 61.03(4)

[ follow Form 60C except as below ]

THE COURT ORDERS THAT:

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

_______________

FORM 61L

Form 61L

Rule 61.03(5)

NOTICE OF ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

Dated 20 .

_______________

FORM 61M

Form 61M

Rule 61.04(1)

SUMMONS TO ATTEND FOR ORAL EXAMINATION

( Judgment Debt Recovery Act 1984 )

[ heading as in originating process ]

To the [ judgment debtor ]

You are summoned to attend before the Court to be orally examined as to any matter related to your financial circumstances generally and your means and ability to satisfy the judgment against you in favour of the [ judgment creditor] dated [e.g. 20 June 20 ] under which judgment $ is owing.

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

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

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

The examination will be held before the Judge in the Practice Court, Supreme Court, William Street, Melbourne [ or the Master in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne], on 20 at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.

Issued 20 .

By the Court
Prothonotary

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

_______________

FORM 61N

Form 61N

Rule 61.04(4)

WARRANT OF APPREHENSION ON DISOBEDIENCE TO SUMMONS

[ heading as in originating process ]

To all members of the Police Force of the State of Victoria.

Whereas [ name of judgment debtor ] of [ address ] has failed to attend before the Supreme Court at the time and place appointed by the summons issued on
20 to be examined concerning his or her financial circumstances:

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

Issued 20 .

By the Court
Prothonotary

_______________

FORM 61P

Form 61P

Rule 61.04(6)

NOTICE TO JUDGMENT CREDITOR OF SUMMONS OR WARRANT TO JUDGMENT DEBTOR

[ heading as in originating process ]

To the [ judgment creditor ]

of [ address ]

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

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

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

Dated 20 .

_______________

FORM 61Q

Form 61Q

Rule 61.05

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

[ heading as in originating process ]

To the [ judgment creditor ]

And to the [ judgment debtor ]

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

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

Dated 20 .

By the Court
Prothonotary

_______________

FORM 61R

Form 61R

Rule 61.07(2)

CERTIFICATE OF PAYMENT

[ heading as in originating process ]

To the Governor of the prison at
Whereas by virtue of an order for imprisonment made by the Supreme Court on 20 [name of judgment debtor ] of [ address ] was committed to prison at : This is therefore to certify that the said [ name of judgment debtor ] has paid the instalments of which default was made and is now entitled to be discharged out of custody.

Dated 20 .

_______________

FORM 63A

Form 63A

Rule 63.38(3)

SUMMONS FOR TAXATION OF COSTS

[ heading as in originating process ]

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

You are summoned to attend before the Taxing Master, Court No. , Supreme Court, 436 Lonsdale Street, Melbourne on 20
at a.m. [ or p.m.] on the hearing of an application by [ identify party ] for the costs which are payable to [ that party ] by [ identify party liable for costs ] under [ identify the judgment, etc. by which payable ] to be taxed in accordance with the bill of costs served on 20 [or herewith].

Filed [e.g. 15 June 20 ].

This summons was filed by of , solicitor for the .

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

_______________

FORM 64A

Rule 64.04(5)

NOTICE OF ADDRESS FOR SERVICE

[ Heading as in notice of appeal or cross-appeal ]

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

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

Dated: [e.g. 15 June 20 ].

[ signed ]

_______________

FORM 68A

Form 68A

Rule 68.08

WARRANT OF SEIZURE AND SALE

[ heading as in originating process ]

TO THE SHERIFF:

In respect of the judgment [ or order] dated [ e.g . 20 June 20 ] by which it was adjudged [ or ordered] that [ judgment debtor ] pay $ to [judgment creditor] together with costs, which have been taxed at $ , [or by which it was ordered that] [judgment debtor ] pay certain costs to [ judgment creditor ], which have been taxed at $ , Levy On The Property Of [judgment debtor] which is authorised by law to be taken in execution for—

(a) $ , being $ now due and payable exclusive of taxed costs and $ for taxed costs; [or $ for taxed costs];

(b) $ , being interest at the rate or rates fixed in accordance with law, on [ amount due and payable exclusive of taxed costs ] from the date of the judgment [ or order];

(c) $ , being interest at the rate or rates fixed in accordance with law, on [amount of taxed costs] from 20 [date of taxation of costs ];

(d) $ , being the costs of this [and of any prior] warrant and

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

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

Issued 20 .

By the Court
Prothonotary

Issued at the request of [ judgment creditor ].

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

_______________

FORM 68B

Form 68B

Rule 68.08

WARRANT OF POSSESSION

[ heading as in originating process ]

TO THE SHERIFF:

In respect of the judgment dated [e.g. 20 June 20 ] by which it was adjudged that [i dentify party or other person for whom judgment was entered or given ] recover possession of the land described in the schedule and that [ identify party or other person against whom judgment was entered or given ] pay [ identify party or other person ] costs [ or pay $ to the [ identify party or other person ] together with costs], which have been taxed at $ , Enter The Land and cause [identify party or other person ] to have possession of it, and levy on the property of [ identify party or other person ] which is authorised by law to be taken in execution for [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].

SCHEDULE

[ Describe land as in judgment ]

Issued 20 .

By the Court
Prothonotary

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

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

_______________

FORM 68C

Form 68C

Rule 68.08

WARRANT OF DELIVERY

[ heading as in originating process ]

TO THE SHERIFF:

In respect of the judgment [ or order] dated [ e.g . 20 June 20 ] by which it was adjudged [ or ordered] that [i dentify party or other person against whom judgment was entered or given or order made ] deliver the goods described in the schedule to [ identify party or other person for whom judgment was entered or given or order made ] and pay [$ damages for their detention and] costs, which have been taxed at $ , Cause The Goods To Be Delivered to [ identify party or other person ] And Levy on the property of [ identify party or other person ] which is authorised by law to be taken in execution [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].

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

In respect of the judgment [ or order] dated [ e.g. 20 June 20 ] by which it was adjudged [ or ordered] that [ identify party or other person ] do deliver the goods described in the schedule to [ identify party or other person] or pay
$ their assessed value [and $ damages for their detention] and costs, which have been taxed at $ , Cause The Goods To Be Delivered to [ identify party or other person ] And Levy on the property of [ identify party or other person ], which is authorised by law to be taken in execution—

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

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

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

SCHEDULE

Form 68C

[ Describe goods as in judgment ]

Issued 20 .

By the Court
Prothonotary

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

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

_______________

FORM 69A

Form 69A

Rule 69.06(3)

ADVERTISEMENT OF SALE BY THE SHERIFF

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

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

Terms: Cash only.

Sheriff

_______________

FORM 71A

Form 71A

Rule 71.06(2)

GARNISHEE SUMMONS

Between

A.B. Judgment creditor

and

C.D . Judgment debtor

and

X.Y. Garnishee

To [ name of garnishee ]

of [ address ].

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

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

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

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

This summons is filed and served by order of the Court made on ,
20 .

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

[ insert the following at end of summons ]

TAKE NOTICE [ where the debt is due or accruing ] that upon service of this summons the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
[ or where the debt is not yet due or accruing ]
Form 71A

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

_______________

FORM 71B

Form 71B

Rule 71.09(4)

GARNISHEE ORDER

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

[ heading as in Form 71A ]

[ other particulars as in Form 60L ]

THE COURT ORDERS THAT:

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

[ or where the debt is not due but accruing ]

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

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

_______________

FORM 71C

Form 71C

Rule 71.09(4)

GARNISHEE ORDER

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

[ heading as in Form 71A ]

[ other particulars as in Form 60C ]

THE COURT ORDERS THAT:

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

[ or where the debt is not due but accruing ]

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

[ where appropriate add ]

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

_______________

FORM 72A

Form 72A

Rule 72.02(3)

ATTACHMENT OF EARNINGS SUMMONS

[ heading as in originating process ]

To the [ judgment debtor ]

of [ address ]

You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that the earnings of the [ judgment debtor ] be attached to satisfy the judgment against the [ judgment debtor ] in favour of the [ judgment creditor ] in the Supreme Court dated
[e.g. 20 June 20 ] for $ , in respect of which judgment $ is due and unpaid, being—

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

(b) $ , the amount of costs;

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

_______________

FORM 72B

Form 72B

Rule 72.02(3)

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

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

1. By a judgment dated [e.g. 20 June 20 ] it was adjudged that the [judgment debtor] should pay to me the sum of $ together with costs.

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

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

(b) $ , the amount of costs;

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

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

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

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

Sworn etc .

_______________

FORM 72C

Form 72C

Rule 72.02(4)

JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION

[ heading as in originating process ]

To the [ judgment debtor ]:

of [ address ]

TAKE NOTICE that you should complete this form by giving the information requested below. The completed form signed by you must be sent to the [judgment creditor] at [address for service] before 20
[ day for hearing named in the summons ]. If you do not do this, the Court may make an order that you attend before the Court and give the information.

Signature of judgment
creditor's solicitor:

1. Amount and Source of Weekly Income

Occupation: ____________________

If working for an employer:

Name and address of employer:

Gross wage:

Current overtime (if any):

Car and other allowances and commission:

If self-employed or in partnership:

Average pre-tax earnings for last 12 months:

If unemployed:

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

Pension or other benefit received:

Workers' compensation received:

Maintenance received:

Superannuation received:

Board or rent received:

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

Average weekly dividend on shares:

Other income (give particulars):

Total Gross Weekly Income:

2. Property and Assets
Form 72C

Land, including vacant land:

For each piece of land—

Market value:_________________

Amount of mortgage:_________________

Net value:

Motor vehicle:

For each motor vehicle—

Year, make and model:_________________

Market value:_________________

Amount owing to finance company:

Net value:

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

Other investments including shares, debentures, bonds:

Money owing to you:

From , $

Total:

Value of interest in partnership or business:

Furniture, household and personal goods:

Market value:

Amount owing to finance company:

Net value:

Life insurance policies:

Give particulars and state surrender value of each policy:

Other assets (give particulars):

Total Property and Assets:

3. Debts, Liabilities and Other Financial Obligations

(a) Weekly expenses

Income tax:

Superannuation:

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

Municipal rates:

Water and sewerage rates:

Land tax:

Child care expenses incurred for the purpose of earning
income:
Form 72C

Maintenance actually paid:

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

To , $

Total:

Electricity and gas:

Food:

Other general household expenses:

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

Fares:

Telephone:

Insurance policy premiums:

School fees and other school expenses:

Clothing and shoes:

Medical and chemist expenses:

Entertainment:

Payments on court orders and fines:

Other expenses (give particulars):

Total:

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

Total:

4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the name of the other owner or owners:
Form 72C

5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:

6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:

Signature of judgment debtor:

Date:

_______________

FORM 72D

Form 72D

Rule 72.04(7)

SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS

[ heading as in originating process ]

To: the [ judgment debtor ]

[ person indebted to or employer of judgment debtor ]

of [ address ].

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

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

_______________

FORM 72E

Form 72E

Rule 72.04(7)

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

[ heading as in originating process ]

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

1. By a judgment dated [e.g. 20 June 20 ] it was adjudged that the [judgment debtor] should pay to me $ together with costs.

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

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

(b) $ , the amount of costs;

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

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

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

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

Sworn etc .

_______________

FORM 72F

Form 72F

Rule 72.04(8)

[ Follow Form 81C except as below. ]

HOW OBTAINED:

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

THE COURT ORDERS THAT:

The [judgment debtor] attend before the Master in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne, on 20 at a.m. to be examined concerning the means and ability of the [ judgment debtor ] or comply with the judgment [ or to state to the Court the following particulars, namely:

[ complete appropriately ].

The [judgment debtor] furnish to the Court on or before 20 a statement in writing signed by the [ judgment debtor ] setting forth the following particulars, namely:

[ complete appropriately ].

_______________

FORM 72G

Form 72G

Rule 72.04(8)

[ Follow Form 60C except as below .]

HOW OBTAINED:

OTHER MATTERS:

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

THE COURT ORDERS THAT:

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

[ complete appropriately ].

_______________

FORM 72H

Form 72H

Rule 72.05(6)

ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

[ Follow Form 60C except as below. ]

OTHER MATTERS:

The Court finds that:

1. By a judgment dated [e.g. 20 June 20 ] it was adjudged that the [ judgment debtor ] pay to the [ judgment creditor ] $ together with costs.

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

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

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

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

THE COURT ORDERS THAT:

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

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

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

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

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

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

pay, so far as that excess permits, to the [ judgment creditor ] the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.
Form 72H

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

_______________

FORM 72J

Form 72J

Rule 72.06(3)

NOTICE TO EMPLOYER

[ heading as in originating process ]

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

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

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

(b) by way of pension, including—

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

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

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

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

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

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

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

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

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

You must give notice in writing to the Prothonotary—
Form 72J

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

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

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

Dated 20 .

_______________

FORM 72K

Form 72K

Rule 72.06(3)

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

[ heading as in originating process ]

To the Prothonotary,

And to the [ judgment creditor ]

of [ address ].

Whereas an order was made on 20 that I make payments to the [ judgment creditor ] out of the earnings of the [ judgment debtor ] I hereby give notice that I am not the employer of the [ judgment debtor ] [ or I ceased to be the employer of the [ judgment debtor ] on 20 .]

Dated 20 .

[ Signature of Employer ]

_______________

FORM 72L

Form 72L

Rule 72.11(3)

NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER

[ heading as in originating process ]

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

TAKE NOTICE that the attachment of earnings order made on 20 whereby you were ordered to make payments for or towards securing payment of the amount due and unpaid in respect of a judgment in favour of the [ judgment creditor ] out of the earnings payable to the [ judgment debtor ], ceased to have effect on 20 because [state reason ].

Dated 20 .