Victorian Numbered Regulations

SUPREME COURT (APPEALS TO THE TRIAL DIVISION, JUDICIAL REVIEW AND FURTHER POWERS OF JUDICIAL REGISTRARS AMENDMENT) RULES 2018 (SR NO 32 OF 2018) - REG 21

For Form 5G of the Supreme Court (General Civil Procedure) Rules 2015 substitute —

' Form 5G—Originating motion for judicial review

Rules 5.02(2), 56.01(2)

[ heading as in Form 5A ]

ORIGINATING MOTION FOR JUDICIAL REVIEW

TO THE DEFENDANT

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

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

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

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

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

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

IF YOU FILE an appearance within the proper time, the plaintiff cannot obtain judgment against you except by application to the Court after further notice to you. There will first be a directions hearing of which you will receive notice by summons or otherwise.

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

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

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

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

(d)     where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)     in any other case, within 42 days after service of the originating motion.

FILED [ insert date ].

Prothonotary

Page 2

THE PLAINTIFF CLAIMS:

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

THE GROUNDS RELIED UPON ARE:

[ State the grounds upon which the relief or remedy is sought, and where any mistake or omission in any judgment, order or other proceeding in respect of which relief or remedy is sought is a ground, specify the mistake or omission .]

EXTENSION OF TIME**

[ If an extension of time is required under Rule 56.02 of Chapter I of the Rules of the Supreme Court or otherwise, say so and state briefly the circumstances relied upon for the extension of time sought .]

FURTHER PARTICULARS of the claim appear in the affidavit made in support of the claim. A copy of the affidavit and of any exhibit to the affidavit is served with this originating motion.

Page 3

1.     Place of trial—

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

2.**     This originating motion was filed—

(a)     by the plaintiff in person;

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

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

3.     The address of the plaintiff is—

4.     The address for service of the plaintiff is—

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

5.     The email address for service of the plaintiff is—

6.     The address of the defendant is—

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*     [ Strike out this paragraph where order made fixing time for appearance and substitute "THE PROPER TIME TO FILE AN APPEARANCE is within days after service on you of this originating motion."]
**     [ Complete or strike out as appropriate. ]'.