Victorian Numbered Regulations

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SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2018 (SR NO 57 OF 2018) - SCHEDULE

Schedule

Lodgement of sealed copy judgment for registration


$60.00

If registered in the County Court

$60.00

If registered in any other court

$60.00


Order 11—Registration of judgments under  Foreign Judgments Act 1991
of the Commonwealth

        11.01     Definition

In this Order, "the Act" means the Foreign Judgments Act 1991 of the Commonwealth.

        11.02     Application of Order

This Order applies to any proceeding in the Court under the Act.

        11.03     Application under section 6 by originating motion

    (1)     An application under section 6 of the Act for the registration of a judgment to which Part 2 of the Act applies may be made without notice to any person.

    (2)     The application—

        (a)     shall be by originating motion; and

        (b)     shall be supported by affidavit.

        11.04     Affidavit

    (1)     An affidavit under Rule 11.03 shall state to the best of the information and belief of the deponent—

        (a)     that the plaintiff is entitled to enforce the judgment;

        (b)     that the judgment is final and conclusive between the parties;

        (c)     facts demonstrating that the Court is the appropriate court under section 6(1) of the Act;

        (d)     that at the date of the application the judgment has not been satisfied or, if the judgment has been satisfied in part, the amount in respect of which it remains unsatisfied;

        (e)     that at the date of the application the judgment can be enforced by execution in the country of the original court;

        (f)     that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 7 of the Act;

        (g)     the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of the application;

        (h)     if the sum payable under the judgment is expressed in a currency other than Australian currency and the judgment creditor has not stated that the judgment creditor wishes the judgment to be registered in that other currency, the amount which that sum represents in Australian currency calculated in accordance with section 6(11) to (11B) of the Act;

              (i)     if the judgment is in respect of different matters and only some of the provisions of the judgment could, if contained in separate judgments, have been registered, the provisions in respect of which it is sought to register the judgment;

        (j)     the full name, title, occupation and usual or last known place of residence or of business of the judgment creditor and of the judgment debtor.

    (2)     The affidavit shall exhibit—

        (a)     a copy of the judgment of the original court certified as such by the proper officer of the court and authenticated by its seal; and

        (b)     if the judgment is not in the English language, a translation of the judgment certified by a notary public or authenticated by affidavit.

    (3)     The affidavit shall be accompanied by such other evidence in respect of the matters referred to in paragraph (1)(e) and (g) as may be required having regard to the provisions of any regulations made under the Act extending the Act to the country of the original court.

        11.05     Security for costs may be ordered

The Court may order that a person applying for registration of a judgment give security for costs.

        11.06     Order on application

    (1)     An order for registration of a judgment—

        (a)     shall state the period within which an application to set aside the registration may be made;

        (b)     shall state that the judgment will not be enforced until after the expiration of the period described in paragraph (a) or any extension of that period under paragraph (2);

        (c)     need not be served on the judgment debtor.

    (2)     The period within which an application may be made to set aside the registration may be extended by the Court on the application of a party made before or after the expiration of the period or any extended period.

        11.07     Notice of registration

    (1)     Notice in writing of the registration of a judgment shall be served on the judgment debtor whether within the jurisdiction or out of the jurisdiction.

    (2)     Unless the Court otherwise orders, service shall be personal service.

    (3)     The notice shall state—

        (a)     full particulars of the judgment registered and the order for registration;

        (b)     the name and address of the judgment creditor or the judgment creditor's solicitor or agent on whom and at which any process issued by the judgment debtor may be served;

        (c)     that the judgment debtor may apply on the grounds set out in the Act to have the judgment set aside;

        (d)     within what time from the date of service of the notice, an application to set aside may be made; and

        (e)     that the judgment debtor may apply to have that time extended.

        11.08     Application to set aside

    (1)     An application to set aside the registration of a judgment shall be made by summons in the proceeding in which the judgment was registered.

    (2)     The summons—

        (a)     shall set out the grounds of the application; and

        (b)     shall be supported by affidavit.

    (3)     The summons and any affidavit in support shall be served on the person who procured registration of the judgment.

        11.09     Enforcement of judgment

A registered judgment may not be enforced until—

        (a)     the period prescribed under Rule 11.06(1)(a), or any extended period, has expired;

        (b)     the determination by the Court of any application to set aside the registration of the judgment;

        (c)     there has been filed in the Court—

              (i)     an affidavit of service of the notice of registration;

              (ii)     a copy of the notice of registration; and

        (d)     any order of the Court in relation to the judgment has been authenticated and filed.

        11.10     Certified copy of Victorian judgment

    (1)     An application under section 15 of the Act may be made without notice to any person.

    (2)     An application shall be made in the proceeding in which the judgment of the Court was obtained.

    (3)     An application shall be made by filing a draft of the certificate provided for by Rule 11.11(c) with an affidavit deposing to such information as will enable the certificate to be granted.

        11.11     Certificates

If an application for a certified copy of a judgment is granted, the copy of the judgment issued shall—

        (a)     be sealed with the seal of the Court;

        (b)     bear a certificate by the Prothonotary that—

              (i)     the copy is a true copy;

              (ii)     the copy is issued in accordance with section 15 of the Act;

        (c)     be accompanied by a certificate by the Prothonotary stating—

              (i)     that the proceeding is at an end except for enforcement of the judgment;

              (ii)     the claim or claims in respect of which the judgment was given;

              (iii)     the grounds upon which the judgment was based;

              (iv)     the rate at which the judgment carries interest;

              (v)     such other matters as the Prothonotary considers necessary or desirable.

        11.12     Associate Judge

An application, other than an application under section 15 of the Act, shall be made to an Associate Judge.

Order 12—Jury service

Part 1—Appeals

        12.01     Definitions

In this Part—

"appellant" means any person who is aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 of the Act;

"the Act" means the Juries Act 2000 .

        12.02     Application of Part

This Part applies to any proceeding in the Court under section 10 of the Act.

        12.03     Lodgment of appeal under section 10

    (1)     An appellant shall deliver or send by post to the Juries Commissioner a notice of appeal stating—

        (a)     the reasons why the appellant is aggrieved by the Juries Commissioner's decision; and

        (b)     whether the appellant wishes to have the appeal determined by the Judge of the Court without any attendance by or on behalf of the appellant.

    (2)     If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Juries Commissioner shall send to the appellant a notice—

        (a)     directing that the appellant within 14 days of the date of service of the notice deliver or send by post reasons in writing to the Juries Commissioner; and

        (b)     stating that if the appellant fails to do so the appeal will be taken to be abandoned.

    (3)     If the appellant fails to deliver or send by post written reasons in accordance with the notice referred to in paragraph (2), the appeal is abandoned.

        12.04     Papers for Judge of the Court

After receiving a notice of appeal and reasons, the Juries Commissioner shall without delay deliver all papers relating to the appeal to a Judge of the Court nominated by the Chief Justice.

        12.05     Judge of the Court to consider papers

    (1)     If the appellant has expressed the wish to have the appeal determined without any attendance by or on behalf of the appellant, the Judge of the Court after examining the papers may—

        (a)     determine the appeal on the papers; or

        (b)     set a date, time and place for hearing the appeal.

    (2)     In any other case, the Judge of the Court after examining the papers may—

        (a)     allow the appeal on the papers; or

        (b)     set a date, time and place for hearing the appeal.

    (3)     The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule.

        12.06     Hearing of appeal

Subject to Rule 12.07, at the hearing of an appeal the Judge of the Court—

        (a)     shall hear the appellant;

        (b)     may permit the Juries Commissioner to take part in the appeal; and

        (c)     shall conduct the appeal in such manner as the interests of justice require.

        12.07     If appellant does not appear

    (1)     If at the hearing of the appeal there is no attendance by or on behalf of the appellant, the Judge of the Court may determine the appeal on the papers.

    (2)     The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule.

Part 2—Absent jurors

        12.08     Application of Part

This Part applies to an application to have a person dealt with in a summary way under section 81 of the Act for not attending when summoned under section 27 of the Act.

        12.09     Juries Commissioner

An application under this Part shall be made by the Juries Commissioner.

        12.10     Procedure

    (1)     The application shall—

        (a)     be made by originating motion in
Form 2–12A; and

        (b)     be supported by an affidavit in Form 2–12B.

    (2)     The originating motion and the affidavit in support shall be served personally on the respondent, unless the Court otherwise orders.

Order 13—Cross-vesting of jurisdiction rules

        13.01     Application

This Order applies to a proceeding in the Court to which a cross-vesting law applies.

        13.02     Definitions

In this Order—

"cross-vesting law" means any law of the Commonwealth or of a State or Territory (including the Act) relating to the cross-vesting of jurisdiction;

"special federal matter" has the same meaning as in the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth;

"the Act" means the Jurisdiction of Courts (Cross-vesting) Act 1987 .

        13.03     Heading of documents

The heading of an originating motion or summons by which application is made under a cross-vesting law, in addition to complying with Order 27 of Chapter I, shall state "In the matter of the Jurisdiction of Courts (Cross-vesting) Act 1987 ".

        13.04     Application by Attorney-General

If an application for the transfer of a proceeding is made by the Attorney-General of the Commonwealth or of a State or a Territory, the Attorney-General does not, by reason of the application, become a party to the proceeding in respect of which the application is made.

        13.05     Removal of proceeding

If an order is made for the removal of a proceeding from a court or tribunal to the Court under section 8 of the Act, the Court may give any directions that could have been given by the court or tribunal in which the proceeding was pending.

        13.06     Notice

    (1)     A party to a proceeding proposing to invoke a jurisdiction arising under a provision of a cross-vesting law, or otherwise to rely on a provision of a cross-vesting law, shall—

        (a)     file and serve a notice—

              (i)     identifying the provision;

              (ii)     identifying the claim in relation to which reliance is placed on the provision;

              (iii)     stating the grounds on which reliance is placed on the provision;

        (b)     seek directions as soon as practicable whether the proceeding should be transferred.

    (2)     When a matter for determination in a proceeding is a special federal matter the notice shall—

        (a)     identify the special federal matter;

        (b)     state the grounds on which it is a special federal matter.

        13.07     Procedure after transfer

    (1)     When a proceeding is transferred by the Court under a cross-vesting law, the Prothonotary shall send to the proper officer of the court to which the proceeding is transferred all documents filed and all orders made in the proceeding.

    (2)     When a proceeding is transferred to the Court under a cross-vesting law, the Prothonotary shall give it a number and title.

    (3)     As soon as practicable after a proceeding is transferred to the Court under a cross-vesting law, the party by whom the proceeding was commenced shall apply for directions.

        13.08     Conduct of proceeding

    (1)     If a party seeks to have a written law for another State or a Territory applied under section 11(1)(b) of the Act in determining a right of action arising under that written law, that party shall file and serve a notice identifying the right of action and the written law.

    (2)     If a party seeks to have rules of evidence and procedure, other than those of the Court, applied under section 11(1)(c) of the Act in dealing with a matter for determination in the proceeding, that party shall file and serve a notice stating the relevant rules that the party seeks to have applied.

    (3)     A party required by paragraph (1) or (2) to file and serve a notice shall seek directions on the subject matter of the notice before the proceeding is set down for trial.

        13.09     Directions

The Court may—

        (a)     give directions in relation to a proceeding to which a cross-vesting law applies; and

        (b)     set aside or vary any direction given.

        13.10     Exercise of powers of the Court

    (1)     Subject to paragraph (2), the power of the Court under a cross-vesting law and this Order shall be exercised by a Judge of the Court.

    (2)     An Associate Judge shall have the same power and authority as under Chapter I.

Order 14—Admission to the Australian legal profession, senior counsel and professional practice

Part 1—Admission to practise

        14.01     Definitions

In this Part—

"mutual recognition legislation" means—

        (a)     the Mutual Recognition Act 1992 of the Commonwealth as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998 ;

        (b)     the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as adopted under section 4 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998 ;

"the Act" means the Legal Profession Uniform Law Application Act 2014 ;

"Victorian Legal Admissions Board" has the same meaning as it has in the Act;

"Victorian Legal Services Board" has the same meaning as it has in the Act.

Note

There is currently no Rule 14.02.

        14.03     Appeals under Division 3 of Part 2.2 of the Legal Profession Uniform Law (Victoria)

An appeal under section 26 or section 27 of the Legal Profession Uniform Law (Victoria) shall be brought in accordance with Order 4 which, so far as applicable to an appeal to the Trial Division, shall apply—

        (a)     subject to section 28 of the Legal Profession Uniform Law (Victoria); and

        (b)     with any necessary modification.

        14.04     Oath or affirmation of office

The oath or affirmation of office under section 16(1)(c) of the Legal Profession Uniform Law (Victoria) may be in Form 2-14.

        14.05     Application for admission

    (1)     An application for admission under section 16 of the Legal Profession Uniform Law (Victoria) shall be heard and determined by a Judge or such Judges of the Court, sitting in banc, as the Chief Justice may direct.

    (2)     Unless these Rules otherwise provide or the Chief Justice otherwise directs, a motion for admission may be made only on the days appointed in each year by the Court for motions for admission.

    (3)     Any application to the Court under the mutual recognition legislation may be heard by a Judge of the Court and paragraph (2) does not apply.

        14.06     Applicants to appear in person

    (1)     An applicant for admission (other than an applicant under the mutual recognition legislation) shall appear in person in Court.

    (2)     An applicant shall produce to the Court the compliance certificate issued under section 19 of the Legal Profession Uniform Law (Victoria) on which the applicant relies.

        14.07     Objections

Any person desiring to object under section 16(3) of the Legal Profession Uniform Law (Victoria) to the admission of a particular person may do so before a Judge not less than 14 days before the day appointed for the applicant's admission.

Part 2—Senior counsel

        14.08     Qualification

    (1)     A person who is admitted to the legal profession in Victoria and who is, and for many years has been, regularly practising exclusively or mainly as counsel, whether in Victoria or elsewhere within Australia, may be appointed Senior Counsel in and for the State of Victoria.

    (2)     A person who is so appointed shall have full authority within Victoria to do all things that Queen's Counsel or other Senior Counsel within Victoria may do and in the same manner and form.

        14.09     Application

    (1)     A person who is qualified to be so appointed may apply in writing to the Chief Justice for appointment as Senior Counsel.

    (2)     Such applications shall be made at such time each year and in such manner as the Chief Justice from time to time directs.

    (3)     An applicant shall provide with the application such information as the Chief Justice requires.

    (4)     An application under this Rule and all information provided to the Chief Justice relating to the application are confidential and are not open to inspection by any other person except at the direction of the Chief Justice.

        14.10     Appointment

    (1)     Appointment as Senior Counsel shall—

        (a)     be in writing, signed by the Chief Justice and sealed with the seal of the Court; and

        (b)     be announced in such manner and form as the Chief Justice determines.

    (2)     A person so appointed shall have and may exercise in Court such precedence as the Chief Justice directs at the time of the appointment.

    (3)     The appointment shall be entered on the Roll kept by the Prothonotary for the purpose.

Part 3—Professional practice

Note

There are currently no Rules 14.11 and 14.12.

        14.13     Removal from Supreme Court roll

    (1)     If VCAT makes an order under section 302(1)(f) of the Legal Profession Uniform Law (Victoria) recommending that the name of a lawyer be removed from the Supreme Court roll, the Victorian Commissioner (within the meaning of the Legal Profession Uniform Law Application Act 2014 ) shall forthwith apply to the Court by originating motion for the Court to determine whether the name of the lawyer should be removed from the Supreme Court roll.

    (2)     The originating motion shall name the Victorian Commissioner as plaintiff and the lawyer as defendant.

    (3)     The plaintiff shall file an affidavit in support setting out the acts, facts, matters and circumstances which led to the making of the order and exhibiting—

        (a)     a copy of the order certified as correct by the registrar of VCAT; and

        (b)     any reasons given by VCAT for the making of the order.

    (4)     The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as is practicable.

    (5)     Within seven days after filing the originating motion, the plaintiff shall apply on summons to an Associate Judge for directions.

    (6)     The Associate Judge shall refer the application under paragraph (1) to a Judge of the Court for hearing and determination.

Order 15—Public notaries

        15.01     Definitions

In this Order—

"the Act" means the Public Notaries Act 2001 ;

"Victorian Legal Admissions Board" has the same meaning as it has in the Legal Profession Uniform Law Application Act 2014 ;

"Victorian Legal Services Board" has the same meaning as it has in the Legal Profession Uniform Law Application Act 2014 .

        15.02     Application for certificate of eligibility

    (1)     An application under section 5(1) of the Act shall be in Form 2−15A.

    (2)     The application shall be lodged with the Victorian Legal Admissions Board, together with a cash register receipt or other evidence in proof that the applicant has paid the fee payable under section 5(3) of the Act.

    (3)     An applicant shall provide to the Victorian Legal Admissions Board such further or other information as the Board requires.

        15.03     Certificate of eligibility

A certificate of eligibility under section 5(8) of the Act shall be in Form 2−15B.

        15.04     Application for appointment as public notary

    (1)     An application under section 6(1) of the Act shall be made by filing an originating motion in Form 5D of Chapter I of the Rules, together with—

        (a)     an affidavit in Form 2−15C; and

        (b)     the certificate of eligibility from the Victorian Legal Admissions Board.

    (2)     The application shall be heard by the Chief Justice in open court.

        15.05     Notice of application for appointment

Not less than 14 days before the day named in the originating motion for the hearing of the application under section 6(1), the applicant shall—

        (a)     lodge with the Victorian Legal Admissions Board notice of intention to apply in Form 2–15D; and

        (b)     post a copy of the notice in the Supreme Court in the manner directed by the Board.

        15.06     Oath or affirmation of office

The applicant for appointment shall take an oath or affirmation of office in Form 2-15E.

        15.07     Notification after appointment

    (1)     Within one month after appointment, a public notary shall—

        (a)     file notification of particulars and specimen seal in Form 2−15F; and

        (b)     deliver that notification of particulars and specimen seal to the Victorian Legal Services Board.

    (2)     Within one month after any change in the particulars or the specimen seal, the public notary shall—

        (a)     file notification of the change; and

        (b)     deliver notification of the change to the Victorian Legal Services Board.

        15.08     Appeal from Victorian Legal Admissions Board

An appeal under section 7(1) of the Act shall be brought in accordance with Order 4 which, so far as applicable to an appeal to the Trial Division, shall apply—

        (a)     subject to section 7 of the Act; and

        (b)     with any necessary modification.

        15.09     Roll of public notaries

    (1)     A request by a public notary under section 8(5) of the Act shall be made in writing to the Prothonotary.

    (2)     On a request being made in accordance with paragraph (1), the Prothonotary may—

        (a)     remove the name of the public notary from the roll of public notaries forthwith; or

        (b)     refer the request to a Judge who may make an order that the name be removed from the roll forthwith or as circumstances require.

    (3)     On the name of a person being removed from the roll of public notaries—

        (a)     the person ceases to be a public notary under the Act; and

        (b)     the Prothonotary shall inform the Victorian Legal Services Board in writing that the person's name has been so removed.

Order 16—Family provision

        16.01     Definitions

In this Order—

"Part IV" means Part IV of the Administration and Probate Act 1958 ;

"personal representative" does not include an executor who has not proved;

"Registrar" means the Registrar of Probates.

        16.02     Application of Order

This Order applies to any proceeding in the Court under Part IV.

        16.03     Mode of application

    (1)     An application under Part IV—

        (a)     shall be made by originating motion; and

        (b)     in addition to complying with Rule 27.02(2) of Chapter I, shall be entitled "In the matter of the estate of [ name of deceased ], deceased".

    (2)     If the application is in respect of the estate of a person who died after 20 July 1998 but before 1 January 2015, the affidavit in support of the application shall, amongst other things, state the acts, facts, matters and circumstances on which the plaintiff relies to establish that the person on whose behalf the application is made is a person for whom the deceased had responsibility to make provision.

Note

20 July 1998 was the date that Part 7 of the Wills Act 1997 (now repealed) commenced. 1 January 2015 is the date that Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (now repealed) commenced.

    (3)     If the application is for a family provision order in respect of the estate of a person who died on or after 1 January 2015, the affidavit in support of the application shall, amongst other things, state the circumstances relied on to establish—

        (a)     that the person making the application, or on whose behalf the application is made, is an eligible person within the meaning of the Administration and Probate Act 1958 ;

        (b)     in the case of an eligible person referred to in paragraph (f) or (g) of the definition of "eligible person", that, or the degree to which, the eligible person is not capable, by reasonable means, of providing adequately for the eligible person's proper maintenance and support;

        (c)     in the case of an eligible person referred to in paragraphs (h) to (k) of the definition of "eligible person", that the eligible person was wholly or partly dependent on the deceased for the eligible person's proper maintenance and support;

        (d)     that, at the time of death, the deceased had a moral duty to provide for the eligible person's proper maintenance and support; and

        (e)     that the distribution of the deceased's estate fails to make adequate provision for the proper maintenance and support of the eligible person, whether by—

              (i)     the deceased's will (if any);

              (ii)     the operation of Division 6 of Part I of the Administration and Probate Act 1958 as in force immediately before its repeal or Part 1A of that Act, as the case requires; or

              (iii)     both the will and the operation of Division 6 of Part I of that Act as in force immediately before its repeal or Part 1A of that Act, as the case requires.

        16.04     Parties to application

    (1)     Each personal representative shall be a defendant unless the personal representative is a plaintiff.

    (2)     If a plaintiff is the sole personal representative, the defendant shall be a person having a substantial interest in opposing the application.

    (3)     No other person shall be a defendant to the application in the first instance.

Note

There is currently no Rule 16.05.

        16.06     Summons for directions

    (1)     Within seven days after the time limited for appearance the plaintiff shall apply to the Court for directions.

    (2)     If the plaintiff fails to apply, the defendant may apply for directions within 14 days after the time limited for appearance.

        16.07     Directions

On the application for directions the Court shall—

        (a)     ascertain—

              (i)     the nature of the relief which the plaintiff seeks; and

              (ii)     the persons or classes of persons who would be affected by the grant of that relief—

and for this purpose may require the plaintiff and defendant to supply such information as the Court thinks necessary;

        (b)     direct that notice of the application be served on any person;

        (c)     direct what persons shall be added as defendants;

        (d)     direct what persons are to represent classes of defendants;

        (e)     order that any defendant be authorised to defend on behalf of or for the benefit of all persons having the same or similar interest and that all persons so interested shall be bound by any order in the proceeding;

        (f)     give such other directions as the Court thinks fit.

        16.08     Failure to comply with directions

If the plaintiff does not apply for directions or comply with any direction given, the Court may dismiss the application.

        16.09     Production of probate

On the trial of the proceeding, the personal representative shall produce to the Court the probate of the will of the deceased or the letters of administration of the deceased's estate.

        16.10     Procedure after order for plaintiff

    (1)     If an order is made in favour of a plaintiff, the Associate of the Judge of the Court or the Associate of the Associate Judge shall deliver the probate or letters of administration to the Prothonotary.

    (2)     The Prothonotary shall deliver the probate or letters of administration to the Registrar together with four copies of the order authenticated in accordance with Order 60 of Chapter I.

    (3)     The Registrar shall attach to the probate or letters of administration a copy of the order and shall—

        (a)     deliver the probate or letters of administration to the personal representative or the personal representative's solicitor; and

        (b)     deliver a copy of the order to the plaintiff or the plaintiff's solicitor.

Order 17—Court authorised wills

        17.01     Definition

In this Order, "the Act" means the Wills Act 1997 .

        17.02     Application of Order

    (1)     This Order applies to applications under sections 20 and 21 of the Act.

    (2)     This Order applies to a codicil in the same manner as it applies to a will.

        17.03     Minors

    (1)     An application under section 20 of the Act shall be made by originating motion supported by an affidavit.

    (2)     The affidavit shall exhibit a draft of the will for which authorisation is sought and, if the affidavit is being made by a person other than the minor, shall account for the absence of an affidavit from the minor.

    (3)     The affidavit shall state whether the application is made upon notice and, if so, to whom notice has been given or is proposed to be given.

    (4)     The affidavit shall also state the acts, facts, matters and circumstances relied on to satisfy the Court under section 20(5) of the Act.

        17.04     Jurisdiction of Associate Judge under section 20

If there are funds in Court for the minor, the application under section 20 of the Act may be heard and determined by an Associate Judge.

        17.05     Want of testamentary capacity

    (1)     An application under section 21(2) of the Act for an order under section 21(1) of the Act shall be made by originating motion supported by an affidavit.

    (2)     The affidavit shall state the acts, facts, matters and circumstances relied on to satisfy the Court that—

        (a)     the person on whose behalf the will is to be made or revoked does not have testamentary capacity;

        (b)     the proposed will or revocation reflects what the intentions of the person would be likely to be, or what the intentions of the person might reasonably be expected to be, if the person had testamentary capacity;

        (c)     it is reasonable in all the circumstances for the Court, by order, to authorise the making of the will, or the revocation of the will, for the person.

    (3)     Without limiting paragraph (2), the affidavit shall—

        (a)     describe the general nature of the application to be made for an order under section 21(1) of the Act and give the reasons for making that application;

        (b)     give a reasonable estimate, formed from any evidence available to the plaintiff (the nature of which shall be stated), of the size and character of the estate of the person on whose behalf the will is to be made or revoked;

        (c)     exhibit the proposed will for which the plaintiff is seeking the Court's approval or a copy of the will which the plaintiff is seeking to have revoked, as the case may be;

        (d)     set out any evidence available to the plaintiff of each of the matters referred to in paragraphs (d), (e), (f), (g), (h), (i), (j) and (k) of section 21A of the Act if such matter is relevant to the application for an order under section 21(1) of the Act or, if not relevant, state why such matter is not relevant; and

        (e)     set out any other evidence relevant to the application.

    (4)     The affidavit shall state whether the application is made upon notice and, if so, to whom notice has been given or is proposed to be given.

    (5)     On the hearing of the application, where revocation is sought, the original will shall be produced to the Court or its absence shall be explained by affidavit.

Note

There is currently no Rule 17.06.

        17.07     Jurisdiction of Associate Judge under section 21

If there are funds in Court for the person who does not have testamentary capacity, an application under section 21 of the Act may be heard and determined by an Associate Judge.

Order 18—Workers compensation

        18.01     Definitions

In this Order—

"employer" has the same meaning as in section 3 of the Act;

"the Act" means the Workers Compensation Act   1958 ;

"worker" has the same meaning as in section 3 of the Act.

        18.02     Application of Order

This Order is made for the purposes of section 66(1) of the Act.

        18.03     Employer may join in proceeding

    (1)     An employer who seeks a judgment under section 66(1)(a) of the Act shall file in the proceeding a notice in Form 2–18A.

    (2)     On the filing of the notice, the employer shall be taken to have joined in the proceeding and to be a party.

    (3)     Unless the Court otherwise orders, the notice shall be filed and served on the other parties before the commencement of the trial of the proceeding.

        18.04     When further payments made

If further payments of compensation are made after a notice under Rule 18.03 has been filed, any party to the proceeding may, before judgment is given in favour of the worker, file and serve on each other party a notice or notices in Form 2–18B.

        18.05     If payments are disputed

    (1)     A worker who disputes the making of any of the payments alleged in a notice under Rule 18.03 or 18.04 shall file a notice in Form 2–18C.

    (2)     The notice shall be served on the other parties without delay.

    (3)     If a notice under paragraph (1) has been filed, the Court shall determine what amount of compensation has been paid.

        18.06     If payments are not disputed

If a notice under Rule 18.05 has not been filed, the employer need not attend the trial of the proceeding and the amount of the payments alleged by the employer shall be taken to be the amount of the compensation that has been paid.

        18.07     Other party may seek reduction

    (1)     A party to a proceeding who seeks to have the amount of any judgment in favour of a worker reduced under section 66(1)(b) of the Act by the amount of payments of compensation made by the employer shall file a notice in Form 2–18D.

    (2)     Unless the Court otherwise orders, the notice shall be filed and served on the other parties before the commencement of the trial of the proceeding.

        18.08     When further payments made

If further payments of compensation are made after a notice under Rule 18.07 has been filed, any party to the proceeding may, before judgment is given in favour of the worker, file and serve on each other party a notice or notices in Form 2–18E.

        18.09     If payments are disputed

    (1)     A worker who disputes the making of any of the payments alleged in a notice under Rule 18.07 or 18.08 shall file a notice in Form 2–18F.

    (2)     The notice shall be served on the other parties without delay.

    (3)     If a notice under paragraph (1) has been filed, the Court shall determine what amount of compensation has been paid.

        18.10     If payments are not disputed

If a notice under Rule 18.09 has not been filed—

        (a)     it shall not be necessary to prove the making of the payments of compensation; and

        (b)     the amount of payments alleged shall be taken to be the amount of the compensation that has been paid.

Order 19—Wards of Court

        19.01     Application of Order

This Order applies to any application for an order that a minor be made a ward of Court.

        19.02     Application

    (1)     An application shall be by originating motion in Form 2–19A.

    (2)     The application shall be taken to be made on the filing of the originating motion.

        19.03     Notice by defendant

A defendant who desires to defend an application need not file an appearance but shall file and serve a notice of address for service in Form 2–1A.

        19.04     Evidence by affidavit

Evidence shall be by affidavit, unless the Court otherwise orders.

        19.05     Minor ceases to be ward of Court

    (1)     If the application has not been determined or adjourned within 21 days of filing, the minor shall cease to be a ward of Court at the expiration of that period.

    (2)     If the application has been adjourned within 21 days of filing, the minor shall continue to be a ward of Court until the application is determined.

Order 20—Court of Disputed Returns

Part 1—Interpretation

        20.01     Definitions

In this Order—

"Court" means the Court of Disputed Returns;

"the Act" means the Electoral Act 2002 .

        20.02     Application of Order

This Order applies to any proceeding in the Court under the Act.

Part 2—Petitions

        20.03     Notice of petition

Unless the petitioner is the Victorian Electoral Commission, the petitioner shall give notice to the Commission of the filing of a petition under section 133 of the Act.

        20.04     Summons for directions

    (1)     Within 10 days after filing the petition, the petitioner shall apply to the Court for directions.

    (2)     The Court may give such directions as the Court thinks conducive to the effective, complete, prompt and economical determination of the proceeding.

        20.05     Procedure on hearing

Subject to any order of the Court, the hearing of a petition shall be conducted as far as practicable as if the proceeding were commenced by writ.

Part 3—References of questions

        20.06     Summons for directions

    (1)     When a statement of a question is received under section 143 of the Act, the Prothonotary shall, subject to any order of the Court, give notice of a time and place where the Court will give directions for the conduct of the proceeding to—

        (a)     the President or the Speaker (as the case requires);

        (b)     the Attorney-General;

        (c)     the Victorian Electoral Commission; and

        (d)     to any member referred to in the question.

    (2)     The Court may give such directions as the Court thinks conducive to the effective, complete, prompt and economical determination of the proceeding.

        20.07     Parliamentary papers to be evidence

Subject to any order of the Court, the proceedings, papers, reports or documents given to the Court under section 144 of the Act shall—

        (a)     be received in evidence at the hearing without further proof; and

        (b)     be evidence of the facts, matters and things therein referred to.

        20.08     Procedure on hearing

Subject to any order of the Court, the hearing of a question shall be conducted as far as practicable as if the proceeding were commenced by originating motion.

Note

There is currently no Order 21.


Order 22— Family Violence Protection Act 2008

        22.01     Application of this Order

This Order applies to appeals to the Trial Division under Subdivision 1 of Division 9 of Part 4 of the Family Violence Protection Act 2008 from—

        (a)     the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or

        (b)     the Children's Court constituted by—

              (i)     the President of that Court; or

              (ii)     the Chief Magistrate who is a dual commission holder.

        22.02     Application to set aside order striking out appeal for failure to appear

An application under section 118A(3) of the Family Violence Protection Act 2008 shall be in Form 2–22A.

Order 23— Charter of Human Rights and Responsibilities Act 2006

        23.01     Application

This Order applies to a referral under section 33 of the Charter of Human Rights and Responsibilities Act 2006 to the Trial Division of the Supreme Court.

        23.02     Definitions

In this Order—

"applicant" means the party who made the application for referral in a proceeding before a court or tribunal;

"Charter" means the Charter of Human Rights and Responsibilities Act 2006 ;

"plaintiff" means the applicant or, if Rule 23.03(4) applies, the party implementing the referral;

"referral" means referral under section 33 of the Charter from a proceeding in a court or tribunal of—

        (a)     a question of law that relates to the application of the Charter; or

        (b)     a question with respect to the interpretation of a statutory provision in accordance with the Charter.

        23.03     Originating motion

    (1)     When a court or tribunal makes a referral to the Trial Division of the Supreme Court, the applicant shall implement that referral by filing an originating motion in Form 2–23A.

    (2)     The originating motion shall name as defendant each other party to the proceeding from which the referral is made.

    (3)     Any party named as a defendant pursuant to paragraph (2) may notify the Court and the plaintiff in writing that the party does not wish to be heard and will abide the decision of the Court on the referral.

    (4)     If the applicant does not implement the referral within seven days, any other party to the proceeding from which the referral was made may implement the referral by filing an originating motion in Form 2–23A.

    (5)     The implementation of a referral under paragraph (4) does not—

        (a)     constitute acceptance by the party who implements the referral that the subject matter of the referral is a matter to which section 33 of the Charter applies; or

        (b)     prevent that party opposing, whether in whole or in part, any matter to which the referral relates.

    (6)     An originating motion shall have attached a copy of the order, direction or other document recording the referral from the court or tribunal from which the referral is made.

        23.04     Summons for directions

At the time of filing the originating motion under Rule 23.03, the plaintiff shall also file a summons for directions in Form 2–23B returnable before an Associate Judge.

        23.05     Service

    (1)     The plaintiff shall serve the originating motion and the summons for directions on each defendant—

        (a)     within seven days of filing the originating motion; or

        (b)     within such further time as the Court by order allows.

    (2)     An address for service in the proceeding from which the referral was made is sufficient for service of an originating motion under this Order.

        23.06     Directions

At the directions hearing the Court may—

        (a)     ascertain whether notice has been given to the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission as required under the Charter;

        (b)     require any party to provide such information, and in such form, as the Court thinks necessary to enable the Court to give proper consideration to the question referred to it;

        (c)     give directions with respect to the filing and serving of affidavits or any other material verifying the facts relating to the question referred to the Court;

        (d)     give any other directions for the conduct of the proceeding which the Court thinks conducive to its effective, prompt and economical determination.

        23.07     Dismissal for non-attendance or non-compliance

The Court, whether constituted by a Judge of the Court or an Associate Judge, may dismiss the proceeding if the applicant does not—

        (a)     attend at the directions hearing; or

        (b)     comply with any order made or direction given in the proceeding.

Form 2–1A—Notice of address for service

Rules 1.10(b) and 19.03

[ heading as in originating process ]

NOTICE OF ADDRESS FOR SERVICE

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

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

Dated:

[ signed ]

Form 2–9A—Interlocutory application for stay and referral to arbitration—foreign arbitration agreement

Rule 9.03

[ heading as in relevant proceeding ]

INTERLOCUTORY APPLICATION FOR STAY AND REFERRAL TO ARBITRATION—FOREIGN ARBITRATION AGREEMENT

(Section 7 of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE [ role of party ]: [ name ] of [ address ] .

The [ role of party ] [ name ], being a party to an arbitration agreement, applies for an order under section 7 of the International Arbitration Act 1974 of the Commonwealth to stay the whole/part [ delete whichever is inapplicable ] of this proceeding and to refer the parties to arbitration and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the hearing of the application, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 7 of the International Arbitration Act 1974 of the Commonwealth staying the whole/part [ delete whichever is inapplicable ] of this proceeding and referring [ identify parties and dispute to be referred ] to arbitration;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     a copy of the arbitration agreement; and

2.     an affidavit stating the material facts on which the application for relief is based.

SERVICE ON THE OTHER PARTIES

[ Select one of these three options and delete the others ]

*It is intended to serve this application on all other parties.

*It is intended to serve this application on the following other parties:

[ insert name of each party on whom application is to be served ].

*It is not intended to serve this application on any party.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9B—Originating application to enforce foreign award

Rule 9.04

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO ENFORCE FOREIGN AWARD

(Section 8(2) of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ] .

The applicant [ name of applicant ], being a party to an arbitration agreement, applies for an order under section 8(2) of the International Arbitration Act 1974 of the Commonwealth to enforce a foreign award and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 8(2) of the International Arbitration Act 1974 of the Commonwealth that [ state details of award and how it is sought to be enforced ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     the documents referred to in section 9 of the International Arbitration Act 1974 of the Commonwealth; and

2.     an affidavit stating—

        (a)     the extent to which the foreign award has not been complied with at the date this application is made; and

        (b)     the usual or last-known place of residence or business of the person against whom it is sought to enforce the foreign award or, if the person is a company, the last-known registered office of the company.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application on *the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9C—Interlocutory application for referral to arbitration under
Article 8 of the Model Law

Rule 9.05

[ heading as in relevant proceeding ]

INTERLOCUTORY APPLICATION FOR REFERRAL TO ARBITRATION UNDER ARTICLE 8 OF THE MODEL LAW

(International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ] .

The applicant [ name of applicant ], being a party to an arbitration agreement, applies for an order under article 8 of the Model Law to refer parties to arbitration and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the hearing of the application, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert   date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT:

The applicant seeks—

1.     an order under article 8 of the Model Law that [ identify   parties and dispute to be referred ] to arbitration;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application must be accompanied by—

1.     a copy of the arbitration agreement; and

2.     an affidavit stating the material facts on which the application for relief is based.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9D—Originating application for issue of subpoena

Rule 9.06

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR ISSUE OF SUBPOENA

(Section 23(3) of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: THE RESPONDENT [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for the issue of a subpoena under section 23(3) of the International Arbitration Act 1974 of the Commonwealth and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may proceed in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     the issue of a subpoena under section 23(3) of the International Arbitration Act 1974 of the Commonwealth to [ identify person to whom subpoena is sought and type of subpoena ];

2.     [ State briefly but specifically any other relief sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     a draft subpoena in accordance with *Form 2–9E/
*Form 2–9F/*Form 2–9G;

2.     an affidavit stating—

        (a)     the names of the parties to the arbitration;

        (b)     the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration;

        (c)     the place where the arbitration is being conducted;

        (d)     the nature of the arbitration;

        (e)     the terms of the permission given by the arbitral tribunal for the application;

        (f)     the conduct money (if appropriate) to be paid to the addressee; and

        (g)     the witness expenses payable to the addressee.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9E—Subpoena to attend for examination

Rule 9.06(3)(a), (6)(a)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO ATTEND FOR EXAMINATION

(Section 23(3) of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ] of [ address ]

You are ordered to attend for examination.

See below for details.

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

Please read Notes 1 to 8 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

Date, time and place at which you must attend for examination, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

You must continue to attend from day to day unless excused by the arbitral tribunal or the Court or until the hearing of the matter is completed.

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend for examination unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

6.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

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

Form 2–9F—Subpoena to produce documents

Rule 9.06(3)(b), (6)(b)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO PRODUCE DOCUMENTS

(Section 23(3) of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ] of [ address ]

You are ordered to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents.

See below for details.

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

Please read Notes 1 to 15 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

You must comply with this subpoena—

        (a)     by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents below at the date, time and place specified for attendance and production; or

        (b)     by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

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

[ Name ] at [ address ].

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows—

[ List the documents or things. Attach list if insufficient space ].

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend to produce the subpoena (or a copy of it) and the document or thing unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5.     If this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the arbitral tribunal—

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

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

so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date from the issuing party, before the later date or time.

Objection to inspection of the document or thing produced

6.     If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the arbitral tribunal in writing of your objection and of the grounds of your objection.

7.     Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the arbitral tribunal may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8.     If you produce more than one document or thing, you must, if requested by the arbitral tribunal, produce a list of the documents or things produced.

Production of copy instead of original

9.     You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A.     The copy of a document may be:

        (a)     a photocopy; or

        (b)     in an electronic form that the issuing party has indicated will be acceptable (and otherwise in PDF format on a CD-ROM).

Return or destruction of documents or copies

10.     You may, at the time of production, inform the arbitral tribunal that any document or copy of a document produced need not be returned and may be destroyed.

11.     If you have so informed the arbitral tribunal, the arbitral tribunal may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

13.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

15.     Note 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 2–9G—Subpoena to attend for examination and produce documents

Rule 9.06(3)(c), (6)(c)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO ATTEND FOR EXAMINATION AND PRODUCE DOCUMENTS

(Section 23 of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ] of [ address ]

You are ordered to attend for examination and to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents.

See below for details.

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

Please read Notes 1 to 15 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

In so far as you are required by this subpoena to attend for examination, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena—

        (a)     by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents below at the date, time and place specified for attendance and production; or

        (b)     by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

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

[ Name ] at [ address ].

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows—

[ List the documents or things. Attach list if insufficient space ].

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend for examination unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5.     In so far as this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with that part of the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the arbitral tribunal—

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

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

so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date from the issuing party, before the later date or time.

Objection to inspection of the document or thing produced

6.     If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the arbitral tribunal in writing of your objection and of the grounds of your objection.

7.     Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the arbitral tribunal may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8.     If you produce more than one document or thing, you must, if requested by the arbitral tribunal, produce a list of the documents or things produced.

Production of copy instead of original

9.     You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A.     The copy of a document may be—

        (a)     a photocopy; or

        (b)     in an electronic form that the issuing party has indicated will be acceptable (and otherwise in PDF format on a CD-ROM).

Return or destruction of documents or copies

10.     You may, at the time of production, inform the arbitral tribunal that any document or copy of a document produced need not be returned and may be destroyed.

11.     If you have so informed the arbitral tribunal, the arbitral tribunal may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

13.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

15.     Note 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 2–9H—Originating application for
order to give evidence or produce documents

Rule 9.07

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR ORDER TO GIVE EVIDENCE OR PRODUCE DOCUMENTS

(Section 23A of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section 23A(3) of the International Arbitration Act 1974 of the Commonwealth that [ identify person against whom order is sought ] *attend before the Court for examination/*produce certain documents to the Court/*do certain things and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert   date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 23A(3) of the International Arbitration Act 1974 of the Commonwealth that [ identify   person against whom order is sought ]*attend before the Court for examination/*produce the following documents to the Court [ specify ]/*do the following things [ specify ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating—

1.     the name of the person against whom the order is sought;

2.     the order sought;

3.     the ground under section 23A(1) of the International Arbitration Act 1974 of the Commonwealth relied on;

4.     the terms of the permission given by the arbitral tribunal for the application; and

5.     the material facts relied on.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9I—Originating application to prohibit or allow disclosure of confidential information

Rule 9.08

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO *PROHIBIT/*ALLOW DISCLOSURE OF CONFIDENTIAL INFORMATION

(*Section 23F/*Section 23G of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section *23F/*23G of the International Arbitration Act 1974 of the Commonwealth *prohibiting/*allowing the disclosure of confidential information and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert   date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section *23F/*23G of the International Arbitration Act   1974 of the Commonwealth that the disclosure of confidential information [ insert details of the confidential information ] be *prohibited/*allowed *absolutely/*on the following terms. [ insert any terms sought ];

2.     [ State briefly but specifically any other relief sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating—

1.     the name of the person against whom the order is sought;

2.     the order sought;

3.     the material facts relied on; and

*4.     [ For an application under section 23F ] the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made.

*4.     [ For an application under section 23G ]—

*the date the arbitral tribunal's mandate was terminated.

*the date and terms—

        (a)     of the request made to the arbitral tribunal for disclosure of the confidential information; and

        (b)     of the arbitral tribunal's refusal to make the order.

        APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9J—Originating application for relief under certain miscellaneous provisions of the Model Law

Rule 9.09

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR RELIEF UNDER CERTAIN MISCELLANEOUS PROVISIONS OF THE MODEL LAW

(International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under article 11(3), 11(4), 13(3), 14, 16(3), 17H(3), 17I, 17J, or 27 [ delete whichever is inapplicable ] of the Model Law that [ specify details of order sought ] and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under article 11(3), 11(4), 13(3), 14, 16(3), 17H(3), 17I, 17J, or 27 [ delete whichever is inapplicable ] of the Model Law that [ insert details of the specific order sought ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating the material facts on which the application for relief is based.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application on *the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9K—Originating application to
set aside award under Article 34 of the Model Law

Rule 9.10

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO SET ASIDE AWARD UNDER ARTICLE 34 OF THE MODEL LAW

(International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ] .

The applicant, [ name ], being a party to an arbitration agreement, applies for   an order under article 34 of the Model Law to set aside an award and for   the other relief set out in this application. The applicant relies on [ identify subparagraphs of article 34(2)(a) or (b) of the Model Law relied on ].

In brief, the grounds relied on are:

[ set out the grounds briefly ].

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under article 34(2) of the Model Law setting aside the award [ identify award ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by an affidavit—

1.     exhibiting—

        (a)     a copy of the arbitration agreement; and

        (b)     a copy of the award, including the reasons of the arbitral tribunal for the award; and

2.     identifying—

        (a)     the detailed grounds for seeking the order;

        (b)     the material facts relied on; and

        (c)     the date on which the applicant received the award or, if a request was made under article 33 of the Model Law to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9L—Originating application
to enforce award under Article 35 of the Model Law

Rule 9.11

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO ENFORCE AWARD UNDER ARTICLE 35 OF THE MODEL LAW

(International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ], [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under article 35 of the Model Law to enforce an award and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under article 35 of the Model Law enforcing an award [ insert details of the award and how it is sought to be enforced ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit—

1.     exhibiting the documents referred to in article 35(2) of the Model Law; and

2.     stating—

        (a)     the extent to which the award has not been complied with at the date the application is made; and

        (b)     the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.

        APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9M—Originating application for leave to enforce award to which Part IV of the International Arbitration Act 1974 of the Commonwealth applies

Rule 9.12

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR LEAVE TO ENFORCE AWARD TO WHICH PART IV OF THE INTERNATIONAL ARBITRATION ACT 1974 OF THE COMMONWEALTH APPLIES

(Section 35(2) of the International Arbitration Act 1974 of the Commonwealth)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ], [ address ]

The applicant [ name ], applies for leave under section 35(2) of the International Arbitration Act 1974 of the Commonwealth to enforce an award to which Part IV of that Act applies and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may proceed in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 35(2) of the International Arbitration Act 1974 of the Commonwealth granting leave to enforce an award to which Part IV of that Act applies [ insert details of the award and how it is sought to be enforced ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating—

1.     the extent to which the award has not been complied with at the date the application is made; and

2.     the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9N—Interlocutory application for referral to arbitration

Rule 9.13

[ heading as in relevant proceeding ]

INTERLOCUTORY APPLICATION FOR REFERRAL TO ARBITRATION

(Section 8 of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE [ role of party ]: [ name ], [ address ]

The [ role of party ] [ name of party ], being a party to an arbitration agreement, applies for an order under section 8 of the Commercial Arbitration Act   2011 to refer the parties to arbitration and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the hearing of the application, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 8 of the Commercial Arbitration Act 2011 referring [ identify parties and dispute sought to be referred ] to arbitration;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by an affidavit—

1.     exhibiting a copy of the arbitration agreement; and

2.     stating the material facts on which the application for relief is based.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9O—Originating application for issue of subpoena

Rule 9.14

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR ISSUE OF SUBPOENA

(Section 27A of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: THE RESPONDENT

[ address of respondent ]:

The applicant [ name ], being a party to an arbitration agreement, applies for the issue of a subpoena under section 27A of the Commercial Arbitration Act 2011 and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may proceed in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     the issue of a subpoena under section 27A of the Commercial Arbitration Act 2011 to [ identify person to whom subpoena is sought and type of subpoena ];

2.     [ State briefly but specifically any other relief sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     a draft subpoena in accordance with *Form 2–9P/
*Form 2–9Q/*Form 2–9R;

2.     an affidavit stating—

        (a)     the names of the parties to the arbitration;

        (b)     the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration;

        (c)     the place where the arbitration is being conducted;

        (d)     the nature of the arbitration;

        (e)     the terms of the permission given by the arbitral tribunal for the application;

        (f)     the conduct money (if appropriate) to be paid to the addressee; and

        (g)     the witness expenses payable to the addressee.

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9P—Subpoena to attend for examination

Rule 9.14(3)(a)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO ATTEND FOR EXAMINATION

(Section 27A of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ], [ address ]

You are ordered to attend for examination.

See below for details.

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

Please read Notes 1 to 8 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

Date, time and place at which you must attend for examination, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

You must continue to attend from day to day unless excused by the arbitral tribunal or the Court or until the hearing of the matter is completed.

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend for examination unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

6.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

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

Form 2–9Q—Subpoena to produce documents

Rule 9.14(3)(b)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO PRODUCE DOCUMENTS

(Section 27A of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ], [ address ]

You are ordered to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents.

See below for details.

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

Please read Notes 1 to 15 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

You must comply with this subpoena—

        (a)     by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents below at the date, time and place specified for attendance and production; or

        (b)     by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

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

[ Name ] at [ address ].

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows—

[ List the documents or things. Attach list if insufficient space ].

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend for examination unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5.     If this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the arbitral tribunal—

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

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

so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date from the issuing party, before the later date or time.

Objection to inspection of the document or thing produced

6.     If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the arbitral tribunal in writing of your objection and of the grounds of your objection.

7.     Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the arbitral tribunal may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8.     If you produce more than one document or thing, you must, if requested by the arbitral tribunal, produce a list of the documents or things produced.

Production of copy instead of original

9.     You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A.     The copy of a document may be:

        (a)     a photocopy; or

        (b)     in an electronic form that the issuing party has indicated will be acceptable (and otherwise in PDF format on a CD-ROM).

Return or destruction of documents or copies

10.     You may, at the time of production, inform the arbitral tribunal that any document or copy of a document produced need not be returned and may be destroyed.

11.     If you have so informed the arbitral tribunal, the arbitral tribunal may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

13.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

15.     Note 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 2–9R—Subpoena to attend for examination and produce documents

Rule 9.14(3)(c)

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

SUBPOENA TO ATTEND FOR EXAMINATION AND PRODUCE DOCUMENTS

(Section 27A of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO: [ name ], [ address ]

You are ordered to attend for examination and to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents.

See below for details.

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

Please read Notes 1 to 15 at the end of this subpoena.

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

FILED:

Prothonotary

Issued at the request of [ role of party ], [ name ], whose address for service is:

Place:

Email:

DETAILS OF SUBPOENA

In so far as you are required by this subpoena to attend for examination, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

You must continue to attend from day to day unless excused by the arbitral tribunal or the Court or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena—

        (a)     by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents below at the date, time and place specified for attendance and production; or

        (b)     by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: [ Name(s) of arbitrator(s) constituting arbitral tribunal ] at [ address ].

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

[ Name ] at [ address ].

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows—

[ List the documents or things. Attach list if insufficient space ].

NOTES

Last day for service

1.     You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.     Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

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

Conduct money

4.     You need not comply with the subpoena in so far as it requires you to attend for examination unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5.     In so far as this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with that part of the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the arbitral tribunal—

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

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

so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date from the issuing party, before the later date or time.

Objection to inspection of the document or thing produced

6.     If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the arbitral tribunal in writing of your objection and of the grounds of your objection.

7.     Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the arbitral tribunal may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8.     If you produce more than one document or thing, you must, if requested by the arbitral tribunal, produce a list of the documents or things produced.

Production of copy instead of original

9.     You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A.     The copy of a document may be—    

        (a)     a photocopy; or

        (b)     in an electronic form that the issuing party has indicated will be acceptable (and otherwise in PDF format on a CD-ROM).

Return or destruction of documents or copies

10.     You may, at the time of production, inform the arbitral tribunal that any document or copy of a document produced need not be returned and may be destroyed.

11.     If you have so informed the arbitral tribunal, the arbitral tribunal may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

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

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

        (b)     for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.

Loss or expense of compliance

13.     You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest

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

15.     Note 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 2–9S—Originating application for order to give evidence or produce documents

Rule 9.15

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR ORDER TO GIVE EVIDENCE OR PRODUCE DOCUMENTS

(Section 27B of the Commercial Arbitration 2011)

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section 27B of the Commercial Arbitration Act 2011 that [ identify person against whom order sought ] *attend before the Court for examination/*produce certain documents to the Court/*do certain things and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 27B of the Commercial Arbitration Act 2011 that [ identify person against whom order sought ] *attend before the Court for examination/*produce the following documents to the Court [ specify ]/*do the following things [ specify ];

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating—

1.     the name of the person against whom the order is sought;

2.     the order sought;

3.     the ground under section 27B(1) of the Commercial Arbitration Act 2011 relied on;

4.     the terms of the permission given by the arbitral tribunal for the application; and

5.     the material facts relied on.

        APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9T—Originating application to prohibit or allow disclosure of
confidential information

Rule 9.16

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO *PROHIBIT/*ALLOW DISCLOSURE OF CONFIDENTIAL INFORMATION

(*Section 27H/*Section 27I of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section *27H/*27I of the Commercial Arbitration Act 2011 *prohibiting/*allowing the disclosure of confidential information and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section *27H/*27I of the Commercial Arbitration Act   2011 that the disclosure of confidential information [ insert details of the confidential information ] be *prohibited/*allowed *absolutely/ *on the following terms [ insert any terms sought ];

2.     [ State briefly but specifically any other relief sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating—

1.     the name of the person against whom the order is sought;

2.     the order sought;

3.     the material facts relied on; and

*4.     [ For an application under section 27H ] the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made.

*4.     [ For an application under section 27I ]—

*the date the arbitral tribunal's mandate was terminated.

*the date and terms—

        (a)     of the request made to the arbitral tribunal for disclosure of the confidential information; and

        (b)     of the arbitral tribunal's refusal to make the order.

        APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9U—Originating application for order under certain miscellaneous provisions of the Commercial Arbitration Act 2011

Rule 9.17

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR ORDER UNDER CERTAIN MISCELLANEOUS PROVISIONS OF THE COMMERCIAL ARBITRATION ACT 2011

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT:

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section 11(3), 11(4), 13(4), 14, 16(9), 17H, 17I, 17J, 19(6) or 27 of the Commercial Arbitration Act 2011 [ delete whichever is inapplicable ] that [ specify details of the order sought ] and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDER SOUGHT

The applicant seeks—

1.     an order under section 11(3), 11(4), 13(4), 14, 16(9), 17H, 17I, 17J, 19(6) or 27 of the Commercial Arbitration Act  2011 [ delete whichever is inapplicable ] that [ specify details of order sought ];

2.     [ State briefly but specifically any other relief sought ].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit stating the material facts on which the claim for relief is based.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9V—Originating application for determination of a question of law

Rule 9.18

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR DETERMINATION
OF A QUESTION OF LAW

(Section 27J of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies under section 27J of the Commercial Arbitration Act 2011 for leave to apply for the determination of a question of law arising in the course of an arbitration and, if leave is granted, for determination of that question of law and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

Arbitration subject of application to determine question of law

[ identify the arbitration to which the question relates ]

Question of law

[ set out succinctly the question of law ]

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 27J of the Commercial Arbitration Act 2011 granting leave to apply for the determination of a question of law arising in the course of an arbitration and, if leave is granted, for determination of that question of law;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by an affidavit—

1.     exhibiting a copy of the arbitration agreement and evidence of the consent of all other parties to the determination of the question of law under section 27J of the Commercial Arbitration Act 2011 ; and

2.     identifying—

        (a)     the name and usual or last known place of residence or business of any person whose interest might be affected by the proposed determination of the question of law or, when that person is a company, its last known registered office or address for service in the arbitration;

        (b)     the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises;

        (c)     the facts on the basis of which the question of law is to be determined and the basis on which those facts are stated, including whether they are agreed, assumed, found by the arbitral tribunal or otherwise; and

        (d)     the detailed grounds on which it is contended that leave should be granted.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9W—Originating application to set aside award

Rule 9.19

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO SET ASIDE AWARD

(Section 34 of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ] .

The applicant [ name ], being a party to an arbitration agreement, applies for an order under section 34 of the Commercial Arbitration Act 2011 to set aside an award and for the other relief set out in this application. The applicant relies on [ identify subparagraphs of section 34(2)(a) or (b) of the Act relied on ].


ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

Award subject of application to set aside

[ identify the award ]

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 34 of the Commercial Arbitration Act 2011 setting aside the award;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by an affidavit—

1.     exhibiting a copy of the arbitration agreement and a copy of the award, including the reasons of the arbitral tribunal for the award; and

2.     identifying—

        (a)     the detailed grounds for seeking the order;

        (b)     the material facts relied on; and

        (c)     the date on which the applicant received the award or, if a request was made under section 33 of the Act to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9X—Originating application for leave to appeal against award

Rule 9.20

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION FOR LEAVE TO APPEAL AGAINST AWARD

(Section 34A of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name ], being a party to an arbitration agreement, applies under section 34A of the Commercial Arbitration Act 2011 for leave to appeal on a question of law arising out of an award and for the other relief set out in this application.

ACTION REQUIRED

You must file a notice of address for service (Form 2–1A) before taking any other step in the proceeding.

In accordance with section 34A(5) of the Commercial Arbitration Act 2011 , the Court will determine the application for leave to appeal without a hearing unless it appears to the Court that a hearing is required.

Set out below are the details of this application and of the accompanying material relied on by the applicant. If you wish to oppose any of the orders or relief sought by the applicant, you must, within 14 days after service of this application on you or within such further time as the Court may allow, file and serve any answering material, including a succinct statement of any argument in opposition to the application for leave and the appeal if leave is granted.

FILED:

Prothonotary

A:     Question of law to be determined

[ set out succinctly the question of law to be determined ].

B: Grounds on which it is alleged leave to appeal should be granted

[s et out grounds in numbered paragraphs ].

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 34A of the Commercial Arbitration Act 2011 granting leave to appeal on a question of law arising out of the award referred to above;

2.     if leave to appeal is granted, an order that the appeal be allowed and [ set out the substantive orders sought on the proposed appeal ];

3.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     an affidavit—

        (a)     showing that, before the end of the appeal period referred to in section 34A(1) and (6) of the Commercial Arbitration Act 2011 , the parties agreed that an appeal may be made under section 34A of that Act; and

        (b)     exhibiting a copy of the arbitration agreement and a copy of the award, including the reasons of the arbitral tribunal for the award; and

2.     a submission setting out the matters referred to in Rule 9.20(5) of Chapter II of the Rules of the Supreme Court.

    APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–9Y—Originating application to enforce award

Rule 9.21

IN THE SUPREME COURT

OF VICTORIA

AT

COMMERCIAL COURT

ARBITRATION LIST

S CI No.

BETWEEN

Applicant

AND

Respondent

ORIGINATING APPLICATION TO ENFORCE AWARD

(Section 35 of the Commercial Arbitration Act 2011 )

Date of Document:

Filed on behalf of:

Prepared by:

Lawyer Code:

DX:

Tel:

Email:

Ref:

TO THE RESPONDENT: [ name ] of [ address ]

The applicant [ name of applicant ], being a party to an arbitration agreement, applies for an order under section 35 of the Commercial Arbitration Act 2011 to enforce an award and for the other relief set out in this application.

ACTION REQUIRED

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.

You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding.

HEARING

The application will be heard before .............................. in Court No...., Supreme Court of Victoria, [ insert address ], Melbourne on [ insert   date ] at [ insert time ] or so soon afterwards as the business of the Court   allows.

[ If applicable ] The Court has ordered that the time for serving this application be abridged to [ Court to insert date ].

FILED:

Prothonotary

ORDERS SOUGHT

The applicant seeks—

1.     an order under section 35 of the Commercial Arbitration Act 2011 that the following award [ specify ] be enforced;

2.     [ State briefly but specifically any other orders sought ].

ACCOMPANYING DOCUMENTS

This application is accompanied by—

1.     the documents referred to in section 35 of the Commercial Arbitration Act 2011 ; and

2.     an affidavit stating—

        (a)     the extent to which the award has not been complied with at the date the application is made; and

        (b)     the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.

APPLICANT'S ADDRESS

The applicant's address for service is:

Place:

Email:

The applicant's address is [ if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business ]

SERVICE ON THE RESPONDENT

[ Select one of these three options and delete the others ]

*It is intended to serve this application *on the respondent/*all respondents.

*It is intended to serve this application on the following respondents:

[ insert name of each respondent on whom application is to be served ].

*It is not intended to serve this application on *the respondent/*any respondent.

Date:

.............................................

Signed by [ name ]
[ insert capacity: e.g. applicant,
lawyer for the applicant ]

*Delete if inapplicable.

Form 2–12A—Originating motion

Rule 12.10(1)(a)

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

The Juries Commissioner Applicant

and

[ Name of person summoned ] Respondent

ORIGINATING MOTION

TAKE NOTICE that you [name of respondent ] are required to attend before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne on [date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows when the applicant will apply under section 81 of the Juries Act 2000 to have you dealt with in a summary way for not attending for jury service when summoned under section 27 of that Act.

FILED:

Prothonotary

The address for service of the applicant is—

TO THE RESPONDENT [ name and address ]

Form 2–12B—Affidavit in support of
originating motion to deal with absent juror

Rule 12.10(1)(b)

[ heading as in originating motion ]

AFFIDAVIT IN SUPPORT OF ORIGINATING MOTION TO DEAL WITH ABSENT JUROR

I [ name of the Juries Commissioner ], of [ address ] make oath and say:

1.     I am the Juries Commissioner under the Juries Act 2000 ("the Act").

2.     The name and occupation of the respondent, so far as known to me, are: [ name and occupation , or if unemployed state "unemployed" ].

3.     A summons issued to the respondent under section 27 of the Act. The date of the summons was [ insert date ].

4.     The respondent was served by post with the summons. It was posted to the respondent at [ address ] on [ date ].

5.     By the summons, the respondent was required to attend at [ place ] on [ date ]. That date was *not postponed/*postponed to: [ date ].

6.     The respondent failed to attend in response to the summons. The date on which the respondent failed to attend was: [ insert date ].

*7.     The respondent has not given me or my officers any reason for failing to attend in response to the summons.

OR

*7.     The respondent has given me or my officers a reason for failing to attend in response to the summons. That reason is: [ set out reason given ].

Sworn, etc.

*Delete if inapplicable.

Form 2–14—Oath of office and affirmation of office

Rule 14.04

OATH OF OFFICE

I swear by almighty God that I will well and honestly conduct myself in the practice of my profession as a member of the Australian legal profession and as an officer of this honourable Court to the best of my knowledge and ability.

AFFIRMATION OF OFFICE

I solemnly, sincerely and truly declare and affirm that I will well and honestly conduct myself in the practice of my profession as a member of the Australian legal profession and as an officer of this honourable Court to the best of my knowledge and ability.

Form 2–15A—Application for certificate of eligibility

Rule 15.02

IN THE SUPREME COURT OF VICTORIA

IN THE MATTER of the Public Notaries Act 2001

and

IN THE MATTER of an application by [ full name ]

APPLICATION FOR CERTIFICATE OF ELIGIBILITY

TO:     The Victorian Legal Admissions Board

[ insert address ]

I, [ full name, address and occupation ], apply to the Board for a certificate that I am eligible to be appointed as a public notary under the Public Notaries Act 2001 of the State of Victoria.

Date:

Signed:

[ State clearly: Mr, Ms, Mrs, Miss ]

MY DATE OF BIRTH is:

MY BUSINESS TELEPHONE NUMBER is:

AS REQUIRED, I SUPPLY THE FOLLOWING INFORMATION:

1.     I am an Australian lawyer and am on the Supreme Court roll or on a Supreme Court roll as defined in the Legal Profession Uniform Law (Victoria).

2.     I am *a/*the principal of a law practice (as defined in the Legal Profession Uniform Law (Victoria)), namely [ insert name ] and I carry on practice at the office of that law practice at [ address where applicant most often works ] [*The law practice also has offices in [ identify location of other offices, if any ] ].

3.     I have held for a period of [ number ] years an Australian practising certificate authorising me to engage in legal practice as a principal within the meaning of the Legal Profession Uniform Law (Victoria) [*and previous corresponding enactments] and a certificate of standing issued by the Law Institute of Victoria is annexed.

4.     I have completed a course of study related to notarial practice approved by the Victorian Legal Admissions Board, namely the course [ identify the course of study undertaken and completed ], and a certificate from the [ name of institution ] that I have completed that course is annexed hereto.

5.     If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001 , I wish to comply with Rule 15.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/*making an affirmation.

6.     [*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to any designated local regulatory authority as defined in the Legal Profession Uniform Law (Victoria) is pending either in Victoria or elsewhere.

*7.     I bring to the notice of the Board the facts set out in the document which is exhibited to my affidavit and I ask the Board to consider whether those facts adversely affect my application.

*Delete if inapplicable.

AFFIDAVIT OF VERIFICATION

I, [ full name, address and occupation ], *make oath/*affirm and say as follows:

1.     I am the abovenamed applicant.

2.     All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.

*3.     Now produced and shown to me and marked with the letter "A" is the document setting out the further facts that I seek to draw to the Board's attention, all of which further facts are to the best of my knowledge and belief true and correct in every particular.

*Sworn/*Affirmed, etc.

*Delete if inapplicable.

Form 2–15B—Certificate of eligibility

Rule 15.03

[ heading as in Form 2−15A ]

CERTIFICATE OF ELIGIBILITY

IT APPEARING TO the Victorian Legal Admissions Board that the person named below has completed to the satisfaction of the Board a course of study related to notarial practice approved by the Board and—

*otherwise meets all of the requirements of section 4 of the Public Notaries Act 2001

[ or ]

*otherwise meets all of the requirements of section 4 of the Public Notaries Act 2001 except the requirement of paragraph (c) which the Board—

    *dispensed with [ or ]

    *varied as follows, that is to say, by requiring instead
[ insert details ].

THE VICTORIAN LEGAL ADMISSIONS BOARD CERTIFIES THAT

[ full name, address and occupation ]

is eligible for appointment as a public notary under that Act.

Dated:

Signed, for the Victorian Legal Admissions Board,
            Members:

*Delete if inapplicable.

Form 2–15C—Affidavit in support of application for appointment

Rule 15.04

[ heading as in Form 2–15A ]

AFFIDAVIT IN SUPPORT OF APPLICATION FOR APPOINTMENT

I, [ full name, address and occupation ], make oath and say as follows—

1.     I am the abovenamed applicant and I make this affidavit in support of my application for appointment as a public notary under the Public Notaries Act 2001 ("the Act").

2.     I was born on [ date ].

3.     I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [ insert name of law practice ] and I carry on practice at [ address ].

4.     The Victorian Legal Admissions Board has issued to me a certificate of eligibility dated [ date ] under section 5 of the Act, certifying that I am eligible for appointment as a public notary, and I have filed that certificate with the originating motion in this proceeding.

*5.     Now produced and shown to me and marked with the letter "A" is a cash register receipt [ or other evidence, as the case may be ] in proof that I have paid the fee referred to in section 6(3) of the Act.

*Sworn/*Affirmed, etc.

*Delete if inapplicable.

Form 2–15D—Notice of intention to apply for appointment as a public notary

Rule 15.05

[ heading as in Form 2–15A ]

NOTICE OF INTENTION TO APPLY FOR APPOINTMENT AS A PUBLIC NOTARY

TAKE NOTICE that I, [ full name, address and occupation ], intend to apply on [ date ] at [ time ] to the Court constituted by the Chief Justice for appointment as a public notary under section 6 of the Public Notaries Act 2001 .

I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [ insert name of law practice ] and I carry on practice at [ address ].

Dated:

[ Signed ]

*Delete if inapplicable.

Form 2–15E—Oath of office and affirmation of office—public notary

Rule 15.06

OATH OF OFFICE

I, [ full name ] of [ address ], do swear that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.

AFFIRMATION OF OFFICE

I, [ full name ] of [ address ], do solemnly and sincerely affirm that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.

Form 2–15F—Notification of particulars and specimen seal

Rule 15.07

[ heading as in Form 2−15A ]

NOTIFICATION OF PARTICULARS AND SPECIMEN SEAL

TO: the Prothonotary

AND TO: the Victorian Legal Services Board

TAKE NOTICE that pursuant to the provisions of the Public Notaries Act 2001 I was appointed and enrolled as a public notary on [ date ].

My particulars are as follows:

Name:

Address:

Date of birth:

Firm Name:

Telephone No:

Facsimile No:

Email:

DX:

Dated:

Signed:

SPECIMEN
IMPRINT OF SEAL:

Form 2–18A—Notice by employer seeking judgment

Rule 18.03(1)

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

NOTICE BY EMPLOYER SEEKING JUDGMENT

TO THE PLAINTIFF AND

TO THE DEFENDANT

TAKE NOTICE that under the Workers Compensation Act 1958 , [ name of employer ] has made payments of compensation set out in the Schedule to this application in respect of an injury suffered on [ insert date ] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding.

AND TAKE NOTICE that under section 66(1)(a) of the Workers Compensation Act 1958 , [ name of employer ] seeks judgment for the amount of the payments of compensation and says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount.

Dated:

[ Signed by employer or employer's solicitor ]

FILED:

[ Schedule of payments to be attached ]

Form 2–18B—Notice of further payments

Rule 18.04

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

    and

    E.F.     Employer

NOTICE OF FURTHER PAYMENTS

TO THE PLAINTIFF AND

TO THE DEFENDANT

TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Application of the Employer filed on [ insert date ], the employer has made further payments of compensation set out in the Schedule.

Dated:

[ Signed by party or party's solicitor ]

FILED:

[ Schedule of further payments to be attached ]

Form 2–18C—Notice of dispute

Rule 18.05(1)

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

    and

    E.F.     Employer

NOTICE OF DISPUTE

TO THE DEFENDANT AND

TO THE EMPLOYER

TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made as alleged in this proceeding [ give particulars of disputed payments ] and requires that this dispute be settled by the Court at the trial of the proceeding.

Dated:

[ Signed by Plaintiff or Plaintiff's solicitor ]

FILED:

Form 2–18D—Notice to reduce payments

Rule 18.07(1)

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

NOTICE TO REDUCE PAYMENTS

TO [ party(ies) to be served ]

TAKE NOTICE that under the Workers Compensation Act 1958 , [ name of employer ] has made payments of compensation set out in the Schedule to this Notice in respect of any injury suffered on [ insert date ] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding.

AND TAKE NOTICE that under section 66(1)(b) of the Workers Compensation Act 1958 the [ party giving notice ] says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount.

Dated:

[ Signed by party or party's solicitor ]

FILED:

[ Schedule of payments to be attached ]

Form 2–18E—Notice of further payments

Rule 18.08

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

NOTICE OF FURTHER PAYMENTS

TO [ party(ies) to be served ]

TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Notice of the [ party ] filed on [ insert date ], the employer has made the further payments of compensation set out in the Schedule.

Dated:

[ Signed by party or party's solicitor ]

FILED:

[ Schedule of further payments to be attached ]

Form 2–18F—Notice to dispute

Rule 18.09(1)

IN THE SUPREME COURT

OF VICTORIA     20     No.

AT

BETWEEN

    A.B.     Plaintiff

    and

    C.D.     Defendant

NOTICE TO DISPUTE

TO [ party(ies) to be served ]

TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made by the employer as alleged in this proceeding [ give particulars of disputed payments ] and requires that this dispute be settled by the Court at the trial of the proceeding.

Dated:

[ Signed by Plaintiff or Plaintiff's solicitor ]

FILED:

Form 2–19A—Originating motion

Rule 19.02(1)

[ heading as in Form 5A of Chapter I ]

ORIGINATING MOTION

(WARDSHIP APPLICATION)

TO THE DEFENDANT

TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for an order that M.N. a minor be made a ward of the Court [ and if other relief is claimed, state the relief ].

ALSO TAKE NOTICE that the proceeding will be heard before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne, on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

IF YOU INTEND TO DEFEND the proceeding—

(a)     you must file a notice which gives an address in Victoria at which documents in the proceeding may be served on you; and

(b)     you must attend before the Court at the time and place set out above.

FILED:

Prothonotary

Page 2

1.     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 solicitor ].

2.     The address of the plaintiff is—

3.     The address for the service of the plaintiff is—

[ If the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, if the solicitor acts by an agent, the business address of the agent. If the plaintiff sues without a solicitor, the address for service is stated in 2, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria. ]

4.     The address of the defendant is—

*Delete if inapplicable.

Form 2–22A—Application to set aside order striking out appeal for failure to appear

Rule 22.02

IN THE SUPREME COURT

OF VICTORIA

AT

IN THE MATTER OF:

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

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

THIS MATTER WAS LISTED ON: [ date ]

CONTACT DETAILS

[ If represented, please complete the legal practitioner details below ]

Contact No.:     Email address:

Address for service:

*I have legal representation [ complete below ]

*I do not have legal representation

*I represent the appellant

Firm:         Practitioner's Name:

Solicitor Code:     Ref.:

TO the Prothonotary:

AND TO the Respondent: [ name ] of [ address ]

An appeal was made under section 114 of the Family Violence Protection Act 2008 against a decision of the *Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder'*Children's Court constituted by *the President of the Children's Court/*the Chief Magistrate who is a dual commission holder at [ place ] on [ date ].

The *Magistrates' Court/*Children's Court reference number is:

The applicant applies under section 118A(3) of the Family Violence Protection Act 2008 for an order to set aside the order striking out the appeal for the applicant's failure to appear made by the Supreme Court on [ date ].

Reasons for application

The application is made on the grounds that the failure to appear was not due to fault or neglect on the applicant's part.

The reasons are: [ give details ]

Date:

[ Signature of Applicant/
Applicant's legal practitioner ]

The filing of this application does not stay the original order.

LISTING OF APPLICATION

This application is listed for hearing before the Supreme Court at [ place ] at [ time ] on [ date ].

Date:

Prothonotary

*Delete if inapplicable.

Form 2–23A—Originating motion

Rule 23.03(1) and (4)

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

COMMON LAW DIVISION

IN THE MATTER of the Charter of Human Rights and Responsibilities Act 2006

IN THE MATTER of a referral to the Supreme Court under section 33 of the Charter of Human Rights and Responsibilities Act 2006

A.B. Plaintiff(s)

and

C.D. Defendant(s)

ORIGINATING MOTION

TO: the Defendant(s)

TAKE NOTICE that this proceeding by originating motion has been brought by the plaintiff(s) pursuant to *Rule 23.03(1)/*Rule 23.03(4) of Chapter II of the Rules of the Supreme Court to implement a referral under section 33 of the Charter of Human Rights and Responsibilities for the determination of a question of law relating to the application of the Charter of Human Rights and Responsibilities, or a question with respect to the interpretation of a statutory provision in accordance with the Charter of Human Rights and Responsibilities.

The referral was made by [ identify the court or tribunal ] on [ state date ] on the application of [ identify the party who made the application for referral. ]

A copy of the order or direction or other document recording the referral is attached to this originating motion.

ALSO TAKE NOTICE that this originating motion is served with a summons for a hearing at which the Court may give directions for the conduct of the proceeding.

FILED: [ date ]

PROTHONOTARY

THIS ORIGINATING MOTION is to be served within seven days from the date it is filed or within such further time as the Court orders.

1.     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 solicitor ].

2.     The address of the plaintiff is:

3.     The address for service of the plaintiff is:

[ If the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, if the solicitor acts by an agent, the business address of the agent. If the plaintiff sues without a solicitor, the address for service is stated in 2, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria .]

4.     The address of each defendant is:

[ An address for service in the proceeding from which the referral was made may be stated as that defendant's address. ]

*Delete if inapplicable.

Form 2–23B—Summons for directions

Rule 23.04

[ heading as in Form 2 23A ]

SUMMONS FOR DIRECTIONS

TO: [ identify each party to whom summons is addressed ].

You are summoned to attend before the Court for a hearing at which the Court may give directions for the conduct of the proceeding.

The hearing will be before the Associate Judge in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne, on [ insert date ] at [ insert time ] or so soon afterwards as the business of the Court allows.

NOTE: Under Rule 23.03 of Chapter II of the Rules of the Supreme Court, a party named as a defendant and served with a copy of an originating motion may notify the Court and the plaintiff in writing that the party does not wish to be heard in this proceeding and will abide the decision of the Court on the referral under section 33 of the Charter of Human Rights and Responsibilities Act 2006 .

FILED: [ date ].

This summons was filed by [ identify party ].

Schedule 1—Revoked statutory rules

Rule 1.04

S.R. No .

Title

94/2008

Chapter II of the Rules of the Supreme Court, the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008

42/2009

Supreme Court (Chapter II Amendment No. 2) Rules 2009

208/2014

Supreme Court (Chapters II and III Family Provision and Other Matters Amendment) Rules 2014

142/2015

Supreme Court (Chapter II Legal Profession Amendments) Rules 2015

14/2016

Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016

15/2017

Supreme Court (E-Filing Amendments) Rules 2017

97/2017

Supreme Court (Chapters I and II Amendment) Rules 2017

Dated:     17 May 2018

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

STEPHEN KAYE, J.A.

S. G. E. McLEISH, J.A.

KIM HARGRAVE, J.A.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

J. R. CHAMPION, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

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