Victorian Numbered Regulations Victorian Numbered RegulationsIf circumstances so require, a judicial registrar may hear and determine an
application instead of the judicial registrar by whom it would otherwise be
heard and determined.
Form 4A—Overarching obligations certification
OVERARCHING OBLIGATIONS CERTIFICATION
[ heading as in originating process ]
In accordance with section 41 of the Civil Procedure Act 2010 , I [ name of party ] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.
Date:
Signed
[ To be signed personally by party
or if party is represented by a litigation
guardian
or similar representative,
by that litigation guardian or
representative,
or if party has no meaningful control of the proceeding
by
virtue of a statute or a contract of insurance,
by the person in control of
the proceeding
by virtue of the statute or contract of insurance ]
Form 4AB—Certification of prior overarching obligations certification
CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION
[ heading as in originating process ]
In accordance with section 41(5)(b) of the Civil Procedure Act 2010 , I [ name of legal practitioner ] certify to the Court that [ name of party ] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.
Date:
Signed
[ To be signed by legal practitioner
representing party who has previously
made overarching obligations certification in other civil proceedings in the
Court ]
Form 4B—Proper basis certification
PROPER BASIS CERTIFICATION
[ heading as in originating process ]
In accordance with section 42 of the Civil Procedure Act 2010 , I [ name of legal practitioner or if not legally represented, name of party ] certify to the Court that, in relation to [ identify document to which certification relates ] filed on behalf of [ specify party ], on the factual and legal material available to me at present:
[ in a civil proceeding which involves allegations of fact :]
*(a) each allegation of fact in the document has a proper basis;
*(b) each denial in the document has a proper basis;
*(c) there is a proper basis for each non-admission in the document.
[ in a civil proceeding commenced by originating motion seeking a particular legal relief or remedy :]
*(a) each claim in the document has a proper basis;
*(b) each response in the document to a claim has a proper basis;
*(c) each question posed to the Court in the document has a proper basis;
*(d) each response in the document to each question posed to the Court has a proper basis.
Date:
Signed
*Delete if not applicable
Form 5A—Writ
IN THE SUPREME COURT 20
No.
OF VICTORIA
AT
BETWEEN
A . B . Plaintiff
and
C . D . Defendant
TO THE DEFENDANT
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.
IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, 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 writ 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 writ.
IF YOU FAIL to file an appearance within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the writ in Victoria, within 10 days after service;
(b) where you are served with the writ out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the writ in Papua New Guinea, within 28 days after service;
(d) where you are served with the writ in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the writ.
IF the plaintiff claims a debt only and you pay that debt, namely, $
and $ for legal costs to the plaintiff or the plaintiff's solicitor
within the proper time for appearance, this proceeding will come to an
end. Notwithstanding the payment you may have the costs taxed by the Court.
FILED [ insert date ]
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 .]
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 of the Court and jury is not specified, trial will be before a Judge of the Court 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—
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ 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. ]
Form 5B—Originating motion between parties
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 Papua New Guinea, within 28 days after service;
(d) where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the originating motion.
FILED [ insert date ].
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—
(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 ];
(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 ].
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—
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ 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 originating motion."]
** [ Complete or strike out as appropriate. ]
Form 5C—Originating motion between parties
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 [ insert date ].
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 ]
Form 5D—Originating motion
ORIGINATING MOTION
( where no defendant )
IN THE SUPREME COURT 20
No.
OF VICTORIA
AT
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
[ insert
date] 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 [ insert date ].
The address of the plaintiff is:
Form 5E—Originating motion for recovery of land under Order 53
Rules 5.02(2), 53.02(3)
ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53
IN THE SUPREME COURT 20
No.
OF VICTORIA
AT
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)
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 an Associate Judge 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 Associate Judge may refer to a Judge of the Court 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 Associate Judge as specified above.
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 on or before the day specified above or to attend before the Associate Judge 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 Associate Judge 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 ];
(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 ].
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. [ 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. ]
Form 5F—Originating process—RedCrest
ORIGINATING PROCESS—REDCREST
IN THE SUPREME COURT OF VICTORIA
AT
COMMERCIAL COURT
LIST: [ insert List as appropriate, e.g. Commercial List,
RedCrest
Corporations List, TEC List
or Intellectual Property List ]
S ECI No.
[ to be inserted by the Court ]
BETWEEN
A.B.
Plaintiff
and
C.D.
Defendant
Date of document:
Filed on behalf of: the plaintiff
Prepared by [ name or firm of solicitor and name of case manager ]:
Tel:
Email:
Address:
Solicitor's code:
Date of filing: [ to be inserted by the Court ]
TO THE DEFENDANT(S)
*[ If Rule 4.04(2) applies and this originating process is a deemed writ ]
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this originating process. This originating process has been filed electronically in the Court's Case Management System known as RedCrest.
Under the Rules of the Court, this originating process is deemed to be a writ.
IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing an appearance in the manner and within the proper time for appearance stated below.
IF YOU FAIL to file an appearance in the proper manner and within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.
IF the plaintiff claims a debt only and you pay that debt, namely, $ and $ for legal costs to the plaintiff or the plaintiff's solicitor within the proper time for appearance, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court.
*STATEMENT OF CLAIM/*INDORSEMENT OF CLAIM
[ 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 of the claim and of the relief or remedy sought in the proceeding .]
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 of the Court and jury is not specified, trial will be before a Judge of the Court sitting alone.)
3 *This originating process 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
OR
*[ If Rule 4.05(2) applies and this originating process is a deemed originating motion ]
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the relief or remedy set out in this originating process. This originating process has been filed electronically in the Court's Case Management System known as RedCrest.
Under the Rules of the Court, this originating process is deemed to be an originating motion.
IF YOU INTEND TO DEFEND the proceeding, YOU MUST GIVE NOTICE of your intention by filing an appearance in the manner and within the proper time for appearance stated below.
IF YOU FAIL to file an appearance in the proper manner and 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.
[ 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 .]
1 Place of trial
(If no place of trial is specified, trial will be in Melbourne.)
2 *This originating process 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 ].
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
[ In any case ]
SUBJECT MATTER OF CLAIM
[ Where applicable, summarise in not more than 2 lines the subject-matter of the claim e.g. a screen play written by the Plaintiff entitled "Passing in the night "]
CAUSES OF ACTION
[ Summarise each cause of action relied upon, e.g. Breach of contract; Misleading or deceptive conduct; Negligence etc. ]
FILING APPEARANCE
YOU OR YOUR SOLICITOR may file the appearance. An appearance is to be filed in accordance with the procedures and requirements set out in Schedule 2 to this originating process.
**THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the originating process in Victoria, within 10 days after service;
(b) where you are served with the originating process out of Victoria and in another part of Australia, within 21 days after service;
(c) where you are served with the originating process in Papua New Guinea, within 28 days after service;
(d) where you are served with the originating process in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the originating process.
**[ Strike out this paragraph where an order has been made fixing the time for appearance and substitute "THE PROPER TIME TO FILE AN APPEARANCE is within days after service on you of this originating process."]
CASE MANAGEMENT
FIRST DIRECTIONS HEARING
TAKE NOTICE that a first directions hearing will be conducted on [ to be inserted by the Court ].
This directions hearing will be conducted by the allocated List Judge. The name of the Judge and the location of the courtroom will be published on the Court's website by 4.30 pm on the day before the first directions hearing.
At the first directions hearing the parties, if represented, will be expected to appear by their legal practitioners. They should be ready to explain briefly, if requested, the nature of the dispute and the substantial questions in controversy, and to assist the Court to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute in accordance with the Civil Procedure Act 2010 .
If this originating process is a deemed writ, the Rules as to filing a defence apply regardless of the date of the first directions hearing.
SERVICE
THIS ORIGINATING PROCESS is to be served within one year from the date it is filed or within such further period as the Court orders.
TRIAL ESTIMATE
[ Estimate the length of trial e.g. 6 to 8 trial days ]
CIVIL PROCEDURE ACT CERTIFICATIONS
*OVERARCHING OBLIGATIONS CERTIFICATION
Rule 4.09
In accordance with section 41 of the Civil Procedure Act 2010 , I [ name of party ] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.
Date: [ insert date of certification ]
Signed
[ To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe ].
*CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION
In accordance with section 41(5)(b) of the Civil Procedure Act 2010 , I [ name of legal practitioner ] certify to the Court that [ name of party ] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.
Date: [ insert date of certification ]
Signed
[ To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court . The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe ].
PROPER BASIS CERTIFICATION
In accordance with section 42 of the Civil Procedure Act 2010 , I [ name of legal practitioner or, if not legally represented, name of party ] certify to the Court that, on the factual and legal material available to me at present:
*[ if this originating process is a deemed writ in a civil proceeding which involves allegations of fact :] each allegation of fact in this document has a proper basis.
*[ if this originating process is a deemed originating motion in a civil proceeding seeking a particular relief or remedy :]
*(a) each claim in this document has a proper basis;
*(b) each question posed to the Court in this document has a proper basis;
Date: [ insert date of certification ]
Signed
[ To be signed by the legal practitioner or if party not legally represented, personally by the party. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe ].