{"id":"sr:magistrates-court-family-violence-protection-rules-2018","name":"Magistrates' Court (Family Violence Protection) Rules 2018","slug":"magistrates-court-family-violence-protection-rules-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183292,"registerId":"vic-sr:magistrates-court-family-violence-protection-rules-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates' Court (Family Violence Protection) Rules 2018","content":"Version No. 002\n\n**Magistrates' Court (Family Violence Protection) Rules 2018**\n\n**S.R. No. 182/2018**\n\nVersion incorporating amendments as at  \n12 July 2019\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\nOrder 1—Preliminary 1\n\nPart 1—General 1\n\n1.01 Object 1\n\n1.02 Authorising provisions 2\n\n1.03 Commencement 2\n\n1.04 Revocations 2\n\nPart 2—Interpretation 2\n\n1.05 Definitions 2\n\nPart 3—Application of Rules 3\n\n1.07 Application 3\n\nPart 4—Miscellaneous 4\n\n1.09 Legal representation 4\n\n1.10 Filing of documents 5\n\n1.11 Seal of the Court 5\n\nOrder 2—Non-compliance with the Rules 6\n\n2.01 Effect of non-compliance 6\n\n2.02 Dispensing with compliance 6\n\nOrder 3—Time and documents 7\n\n3.01 Court may fix time 7\n\n3.02 Content and form of documents 7\n\n3.03 Registrar refusing to accept documents 7\n\n3.04 Scandalous matter 7\n\nOrder 4—Process in the Court 8\n\nPart 1—Police protection before Court 8\n\n4.01 Application to extend direction or detention 8\n\n4.02 Process for filing family violence safety notices 9\n\nPart 2—Applications for family violence intervention orders 9\n\n4.03 Application for a family violence intervention order 9\n\n4.04 Application for associated final order 11\n\n4.05 Application for variation, revocation or extension of a family violence intervention order 12\n\n4.06 Form of consent 14\n\nPart 3—Miscellaneous 15\n\n4.07 Request for further and better particulars of application 15\n\n4.08 Withdrawal of applications 15\n\nOrder 5—Service and related matters 16\n\nPart 1—Giving of documents by Court 16\n\n5.01 Process if Court required to give documents to a person 16\n\nPart 2—Matters relating to service 17\n\n5.02 Certificate of service 17\n\n5.03 Inability to serve 17\n\n5.04 Certificates may be filed by facsimile or electronic communication 18\n\nOrder 6—Stay of proceeding 19\n\n6.01 Stay of proceeding 19\n\n6.02 Striking out proceeding 19\n\nOrder 7—Subpoenas 20\n\n7.01 Attendance by subpoena 20\n\n7.02 Address of subpoena 20\n\n7.03 Service 20\n\n7.04 Conduct money 21\n\n7.05 Setting aside 21\n\n7.06 Production before date of attendance 21\n\nOrder 8—Affidavits 22\n\n8.01 Form of affidavit 22\n\n8.02 Affidavit by illiterate, blind or incapacitated person 22\n\n8.03 Content of affidavit 23\n\n8.04 Affidavit by 2 or more deponents 23\n\n8.05 Alterations 23\n\n8.06 Annexures and exhibits 23\n\n8.07 Irregularity 24\n\n8.08 Filing and service of affidavits 24\n\n8.09 Service of affidavits if party is unrepresented 24\n\n8.10 Affidavit sworn before party 25\n\nOrder 9—Expert evidence 26\n\n9.01 Statement or report of expert to be filed 26\n\n9.02 Service of statement or report 27\n\n9.03 Service of statement or report on unrepresented party 27\n\n9.04 Putting statement or report filed by other party in evidence 27\n\nOrder 10—Hearings 28\n\n10.01 Order of hearing 28\n\n10.02 No addresses 28\n\n10.03 Absence of party 28\n\n10.04 Alternative arrangements for giving evidence 28\n\nOrder 11—Orders and other matters 30\n\n11.01 Certified extracts 30\n\n11.02 Form of written explanation of interim family violence order 30\n\n11.03 Form of written explanation of final family violence order 30\n\nOrder 12—Venue and transfer of proceedings 31\n\n12.01 Venue of Court 31\n\n12.02 Place of hearing of application 31\n\nOrder 13—Rehearings 33\n\n13.01 Application for rehearing 33\n\n13.02 Form of application 33\n\n13.03 Rehearing date 33\n\nOrder 14—Appeals 34\n\n14.01 Form of notice of appeal 34\n\n14.02 Stay of relevant decision 34\n\nOrder 15—Miscellaneous 35\n\n15.01 Risk assessments 35\n\n15.03 General power of amendment 35\n\n15.04 Directions 35\n\nOrder 16—Procedure under the Vexatious Proceedings Act 2014 36\n\nPart 1—Interpretation 36\n\n16.01 Definitions 36\n\nPart 2—Applications and notices 36\n\n16.02 Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation 36\n\n16.03 Applications for extended litigation restraint orders that relate to intervention order legislation 36\n\n16.04 Applications for acting in concert orders—intervention order legislation 37\n\n16.05 Application for leave to proceed under extended litigation restraint order that relates to intervention order legislation 37\n\n16.06 Application for leave to proceed under general litigation restraint order 37\n\n16.07 Notice of applications 38\n\n16.08 Application for leave to apply for variation or revocation of extended litigation restraint order that relates to intervention order legislation 38\n\n16.09 Application to vary or revoke extended litigation restraint order that relates to intervention order legislation 38\n\n16.10 Notice of application to vary or revoke litigation restraint order 38\n\nPart 3—Provisions applying to applications 39\n\n16.11 Application of Part 39\n\n16.12 Service of applications 39\n\n16.13 Day for hearing 40\n\n16.14 Adjournment 40\n\n16.15 Absence of party to application 41\n\nForm 1—Subpoena 42\n\nForm 1A—Explanation of interim family violence intervention order 44\n\nForm 1B—Explanation of final family violence intervention order 48\n\nForm 2—Application for rehearing 52\n\nForm 3—Notice of appeal 54\n\nForm 4—Application for leave to apply for extended litigation restraint order 56\n\nForm 5—Application for extended litigation restraint order 58\n\nForm 6—Application for acting in concert order 60\n\nForm 7—Application for leave to continue proceeding by person subject to extended litigation restraint order 62\n\nForm 8—Application for leave to commence proceeding by person subject to extended litigation restraint order 64\n\nForm 9—Application for leave to continue proceeding by person subject to general litigation restraint order 66\n\nForm 10—Application for leave to commence proceeding by person subject to general litigation restraint order 68\n\nForm 11—Notice of application for leave to proceed 70\n\nForm 12—Application for leave to apply to vary or revoke extended litigation restraint order 71\n\nForm 13—Application to vary or revoke extended litigation restraint order 73\n\nForm 14—Notice of application to vary or revoke extended litigation restraint order 75\n\n═════════════\n\nEndnotes 77\n\n1 General information 77\n\n2 Table of Amendments 79\n\n3 Amendments Not in Operation 80\n\n4 Explanatory details 81\n\n**Version No.** **002**\n\n**Magistrates' Court (Family Violence Protection) Rules 2018**\n\n**S.R. No. 182/2018**\n\nVersion incorporating amendments as at  \n12 July 2019\n\nThe Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:\n\nOrder 1—Preliminary\n\n**Introductory Note**\n\nThese Rules are Rules of the Magistrates' Court as to proceedings under the **Family Violence Protection Act 2008**.\n\n*Related Rules*\n\nThese Rules are in many respects uniform with the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[[1]](#endnote-2) (\"the Personal Safety Intervention Orders Rules\"). Many of the Orders and Rules are drafted in the same terms as the Personal Safety Intervention Orders Rules, except so far as minor variations are required to accord with the **Family Violence Protection Act 2008**.\n\nIf the Personal Safety Intervention Orders Rules include an Order or a Rule that is not included in these Rules there is a gap in the numbering of these Rules in order to maintain consistent numbering for the other Orders and Rules.\n\nPart 1—General\n\n\t1.01 Object\n\nThe object of these Rules is to make rules of procedure for proceedings in the Magistrates' Court of Victoria under the **Family Violence Protection Act 2008**.\n\n\t1.02 Authorising provisions\n\nThese Rules are made under section 209 of the **Family Violence Protection Act 2008**, and under section 16(1D) and (1E) of the **Magistrates' Court Act 1989**, and all other enabling powers.\n\n\t1.03 Commencement\n\nThese Rules come into operation on 3 December 2018.\n\n\t1.04 Revocations\n\nThe following Rules are **revoked**—\n\n(a) the Magistrates' Court (Family Violence Protection) Rules 2008[[2]](#endnote-3);\n\n(b) the Magistrates' Court (Family Violence Protection Rules) (Amendment No. 1) Rules 2011[[3]](#endnote-4);\n\n(c) the Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014[[4]](#endnote-5);\n\n(d) the Magistrates' Court (Family Violence Protection) Amendment Rules 2017[[5]](#endnote-6);\n\n(e) the Magistrates' Court (Family Violence Protection) Amendment Rules 2018[[6]](#endnote-7).\n\nPart 2—Interpretation\n\n\t1.05 Definitions\n\nIn these Rules, unless the context or subject matter otherwise requires—\n\n***barrister*** has the same meaning as it has in the Legal Profession Uniform Law (Victoria);\n\n***proceeding***, unless the contrary intention appears, means—\n\n(a) any matter in the Court commenced by application under the **Family Violence Protection Act 2008**; or\n\n(b) any matter in the Court—\n\n(i) that was commenced by application under the **Personal Safety Intervention Orders Act** **2010**; and\n\n(ii) in respect of which a Court has made a determination under section 176E(2)(b) of the **Family Violence Protection Act 2008**;\n\n***risk assessment*** means a summary relating to an affected family member's or a protected person's risk of family violence;\n\n***solicitor*** has the same meaning as it has in the Legal Profession Uniform Law (Victoria), and includes an incorporated legal practice as defined in that Law;\n\n***the Act*** means the **Family Violence Protection Act 2008**.\n\nPart 3—Application of Rules\n\n\t1.07 Application\n\n(1) These Rules apply to—\n\n(a) every proceeding commenced under the Act in the Court on or after 3 December 2018, other than a proceeding in respect of which a determination has been made under section 136(2)(b) of the **Personal Safety Intervention Orders Act 2010**; and\n\n(b) every proceeding commenced under the **Personal Safety Intervention Orders Act 2010** in respect of which a determination has been made under section 176E(2)(b) of the Act.\n\n(2) These Rules apply, so far as applicable and with any necessary modification, to every appeal commenced under Division 9 of Part 4 of the Act on or after 3 December 2018.\n\n**Note**\n\nThere is currently no Rule 1.06 or 1.08.\n\nPart 4—Miscellaneous\n\n\t1.09 Legal representation\n\n(1) Subject to the Act, a party may appear in person or with legal representation.\n\n(2) If a party obtains legal representation—\n\n(a) the representative must as soon as practicable notify the Court that he or she represents that party; and\n\n(b) the representative must inform the Court as soon as practicable if he or she ceases to represent the party.\n\n(3) A notification to the Court under subrule (2)(a) must—\n\n(a) specify whether the legal representative is a solicitor or a barrister; and\n\n(b) provide the legal representative's address, telephone number, fax number and email address.\n\n\t1.10 Filing of documents\n\nExcept where otherwise provided by these Rules or unless the Court otherwise orders, a document is filed by being lodged with the registrar in the office of the Court at the proper venue of the Court.\n\n**Note**\n\n***Proper venue*** is defined in section 3(1) of the **Magistrates' Court Act 1989**.\n\n\t1.11 Seal of the Court\n\n(1) The principal registrar and every registrar must each have in the registrar's custody a stamp in a design that is as near as practicable the same as the design of the seal of the Court with the addition of, in the case of—\n\n(a) the principal registrar, the words \"Principal Registrar\"; and\n\n(b) a registrar, the word \"Registrar\".\n\n(2) Marking a document or a copy of a document with a stamp referred to in subrule (1) is sufficient compliance with any requirements of these Rules or an order of the Court that the document or copy be sealed with the seal of the Court.\n\nOrder 2—Non-compliance with the Rules\n\n\t2.01 Effect of non-compliance\n\n(1) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step taken, or any document or order therein, a nullity.\n\n(2) If there has been a failure to comply with these Rules, the Court may exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.\n\n\t2.02 Dispensing with compliance\n\nSubject to the Act, the Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.\n\nOrder 3—Time and documents\n\n\t3.01 Court may fix time\n\nIf no time is fixed by the Act or these Rules for doing any act in a proceeding, the Court may fix a time.\n\n\t3.02 Content and form of documents\n\n(1) The Court may require any document in a proceeding to be prepared in any manner it thinks fit.\n\n(2) If a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—\n\n(a) the registrar may refuse to accept it for filing without the direction of the Court; or\n\n(b) the Court may order that the party responsible is not entitled to rely on it in any manner in the proceeding until a document which is properly prepared is filed.\n\n\t3.03 Registrar refusing to accept documents\n\n(1) A registrar may refuse to accept a document if the registrar considers that the form or contents of the document show that the document, if accepted, would be an abuse of the process of the Court.\n\n(2) The Court may direct the registrar to accept a document for filing.\n\n\t3.04 Scandalous matter\n\nIf a document for use in the Court contains scandalous, irrelevant or otherwise oppressive matter, the Court may order—\n\n(a) that the offending matter be deleted; or\n\n(b) if the document has been filed, that it be taken off the file.\n\nOrder 4—Process in the Court\n\nPart 1—Police protection before Court\n\n\t4.01 Application to extend direction or detention\n\nFor the purposes of an application under section 19 or 20 of the Act, the following particulars are prescribed—\n\n(a) the name, rank, number and station of the police officer making the application;\n\n(b) the name, date of birth and gender of the person who has been directed or detained;\n\n(c) the name, rank, number and station of the police officer who issued the direction;\n\n(d) the time, date and place that the direction was issued;\n\n(e) the grounds for issuing the direction;\n\n(f) if the person has been detained—\n\n(i) whether the person refused or failed to comply with the direction; and\n\n(ii) the time and date that the person was apprehended and detained;\n\n(g) the location of the person who has been directed or detained;\n\n(h) the time and date of making the application;\n\n(i) the duration of the direction or detention at the time of making the application;\n\n(j) the proposed period of the extension;\n\n(k) the grounds for making the application.\n\n\t4.02 Process for filing family violence safety notices\n\n(1) For the purposes of section 34(c) of the Act, a copy of the form or safety notice form (the ***original form***) must be filed with the Court as soon as practicable.\n\n(2) The station of the police officer who made the application must retain the original form for 28 days after filing it with the Court.\n\n**Note**\n\nRule 12.01(3) requires a family violence safety notice to be filed by facsimile transmission or other electronic communication if filed after business hours.\n\nPart 2—Applications for family violence intervention orders\n\n\t4.03 Application for a family violence intervention order\n\n(1) For the purposes of an application for a family violence intervention order under section 43 or 44 of the Act, the following information is prescribed—\n\n(a) the name of the applicant;\n\n(b) the capacity in which the applicant applies;\n\n(c) the name and date of birth of each affected family member;\n\n(d) if the applicant is not the affected family member or a police officer—\n\n(i) whether the affected family member consents to the making of the application; or\n\n(ii) if the affected family member is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the affected family member has a guardian, whether the guardian consents to the making of the application;\n\n(e) whether the applicant requires leave of the Court to make the application;\n\n(f) the name, date of birth and address of the respondent;\n\n(g) the relationship between the respondent and the affected family member;\n\n(h) the reasons for seeking the order;\n\n(i) the nature of the family violence alleged;\n\n(j) the conditions on the order sought;\n\n(k) whether a warrant is sought for the arrest of the respondent;\n\n(l) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;\n\n(m) details of any previous application or order made, or family violence safety notice issued, under the Act;\n\n(n) whether the respondent holds—\n\n(i) a firearms authority; or\n\n(ii) a weapons approval; or\n\n(iii) a weapons exemption;\n\n(o) whether an affected family member or the respondent has a disability;\n\n(p) whether an affected family member or the respondent is of Aboriginal or Torres Strait Islander descent.\n\n(2) If the applicant seeks a warrant for the respondent's arrest, the application must set out the reasons why a warrant is sought.\n\n\t4.04 Application for associated final order\n\n(1) An application for an associated final order under section 76 of the Act must include the following—\n\n(a) the name of the applicant;\n\n(b) the capacity in which the applicant applies;\n\n(c) the names of the parties to the application for the original family violence intervention order, or the original order (as the case requires);\n\n(d) the court reference number for the original application, or the date of the final order (as the case requires);\n\n(e) the reasons for seeking the order;\n\n(f) the conditions of the order sought;\n\n(g) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order.\n\n(2) If the application is for an associated final order against an additional respondent, the application must also—\n\n(a) give the name, date of birth and address of the additional respondent; and\n\n(b) set out how the additional respondent is an associate of the respondent; and\n\n(c) if the applicant is not the protected person or a police officer, state—\n\n(i) whether the protected person consents to the making of the application; or\n\n(ii) if the protected person is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the protected person has a guardian, whether the guardian consents to the making of the application.\n\n(3) If the application is for an associated final order to protect an additional applicant, the application must also—\n\n(a) state the name and date of birth of each additional applicant; and\n\n(b) set out how each additional applicant is an associate of the protected person; and\n\n(c) if the applicant for the associated final order is not the additional applicant or a police officer—\n\n(i) whether the additional applicant consents to the making of the application; or\n\n(ii) if the additional applicant is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the additional applicant has a guardian, whether the guardian consents to the making of the application.\n\n\t4.05 Application for variation, revocation or extension of a family violence intervention order\n\n(1) For the purposes of sections 100 and 106 of the Act, an application for a variation, revocation or extension of a family violence intervention order must include the following particulars—\n\n(a) the names of the parties to the proceeding in which the order was made;\n\n(b) the name of the applicant for the variation, revocation or extension;\n\n(c) the capacity in which the applicant applies;\n\n(d) if the applicant is not the protected person or a police officer—\n\n(i) whether the protected person consents to the making of the application; or\n\n(ii) if the protected person is a child, whether a parent of the child consents to the making of the application; or\n\n(iii) if the protected person has a guardian, whether the guardian consents to the making of the application;\n\n(e) whether the applicant requires leave of the Court to make the application;\n\n(f) the date of making the family violence intervention order;\n\n(g) whether any other persons have become family members of the respondent since the family violence intervention order was made;\n\n(h) the reasons for seeking a variation, revocation or extension;\n\n(i) details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;\n\n(j) if the application is for a variation, the conditions of the variation sought;\n\n(k) if the application is for an extension, the duration of the extension sought.\n\n(2) If the respondent applies for the variation or revocation of the family violence intervention order, the application must also set out any change in circumstances since the family violence intervention order was made.\n\n\t4.06 Form of consent\n\n(1) This Rule applies if a person—\n\n(a) is required under section 45 or 75 of the Act to give written consent to the making of an application for a family violence intervention order; or\n\n(b) is required under section 108 of the Act to give written consent to the making of an application to vary, revoke or extend a family violence intervention order.\n\n(2) The consent must include the following particulars—\n\n(a) the name, address, date of birth, occupation and gender of the person who will make the application;\n\n(b) the name, address, date of birth, occupation and gender of the person providing the consent;\n\n(c) if the person providing the consent is not the affected family member or protected person, that person's relationship to the affected family member or protected person;\n\n(d) a description of the application.\n\n(3) A consent under subrule (2) must be filed with the Court.\n\nPart 3—Miscellaneous\n\n\t4.07 Request for further and better particulars of application\n\n(1) A party may only seek further and better particulars of an application with leave of the Court.\n\n(2) If the Court decides to grant leave, the Court—\n\n(a) must fix a time for the further and better particulars to be provided; and\n\n(b) may give directions it considers appropriate for seeking and providing particulars, including—\n\n(i) limiting the particulars that may be sought; and\n\n(ii) directing how particulars are to be provided.\n\n**Example**\n\nThe Court may direct that a party provide particulars in the form of a letter, or by affidavit.\n\n\t4.08 Withdrawal of applications\n\n(1) An application under the Act may be withdrawn only with the leave of the Court.\n\n(2) A party seeking to withdraw an application must—\n\n(a) file a written notice of withdrawal, to be served on the respondent by the registrar; or\n\n(b) if the person attends court, make an oral application to the Court.\n\nOrder 5—Service and related matters\n\nPart 1—Giving of documents by Court\n\n\t5.01 Process if Court required to give documents to a person\n\nSubject to section 201 of the Act or unless the Court otherwise orders or directs, if under the Act or these Rules, the Court is required to give any written notice or other document to any person, the Court may do so—\n\n(a) by handing the document to the person; or\n\n(b) by leaving the document at the address of the person; or\n\n(c) by posting the document to the person at that person's address; or\n\n(d) if a person has a facility for the reception of documents by facsimile transmission, by transmitting the document to that facility; or\n\n(e) if the person is a respondent who has provided an email address under section 85(1) of the Act, by sending the document to that email address; or\n\n**Note**\n\nSection 85 of the Act allows a respondent who has been excluded from a residence to give an email address as an address for service. This only applies to documents not requiring personal service.\n\n(f) if any other party has provided an email address, by sending the document to that email address.\n\n**Note**\n\nSee also Part 12 of the Act, which deals with service.\n\nPart 2—Matters relating to service\n\n\t5.02 Certificate of service\n\n(1) For the purposes of section 203 of the Act, a certificate of service must—\n\n(a) include a statement about the date, time and place the document was served; and\n\n(b) include a statement about the manner of service; and\n\n(c) specify each document served; and\n\n(d) indicate whether the certificate has been made on oath, by affidavit or is certified.\n\n(2) A certificate of service must be filed as soon as practicable after service of the document to which it relates.\n\n\t5.03 Inability to serve\n\n(1) For the purposes of section 204 of the Act, the certificate must—\n\n(a) be made on oath or by affidavit, or certified; and\n\n(b) include the following particulars—\n\n(i) if the person completing the certificate is a police officer, the police officer's name, rank and station;\n\n(ii) if the person completing the certificate is an appropriate registrar, the appropriate registrar's name and the location of the court;\n\n(iii) the reasons it has not been possible to serve the document, including details of attempts to locate or serve the person;\n\n(iv) the means that the person completing the certificate believes could be used to bring the document to be served to the person's attention, and the reasons for that belief; and\n\n(c) specify each document that was to be served.\n\n(2) For the purposes of subrule (1)(a), the certificate may be certified only if it is completed by a police officer or an appropriate registrar.\n\n\t5.04 Certificates may be filed by facsimile or electronic communication\n\nA certificate completed under Rule 5.02 or 5.03 may be filed with the registrar by facsimile transmission or other electronic communication.\n\nOrder 6—Stay of proceeding\n\n\t6.01 Stay of proceeding\n\nIf a proceeding is scandalous, frivolous or vexatious or is otherwise an abuse of the process of the Court, the Court may, on the application of a respondent, stay the proceeding.\n\n\t6.02 Striking out proceeding\n\nThe Court may order that the whole or part of the application be struck out or amended if a proceeding—\n\n(a) is scandalous, frivolous or vexatious; or\n\n(b) may prejudice, embarrass or delay the fair hearing of the proceeding; or\n\n(c) is otherwise an abuse of the process of the Court.\n\nOrder 7—Subpoenas\n\n\t7.01 Attendance by subpoena\n\n(1) A party may by subpoena require a person to attend at the hearing of the proceeding for the purpose of giving evidence or of producing any document or thing or for both purposes.\n\n(2) A subpoena must be in accordance with Form 1.\n\n(3) If under the Act a party requires leave of the Court to require a person to attend, the subpoena must—\n\n(a) specify that leave has been granted; and\n\n(b) be accompanied by a copy of the order, or extract of the order, granting that leave.\n\n(4) An order by subpoena for the attendance of a person in a proceeding is taken to be made on the signing of the subpoena by a registrar.\n\n\t7.02 Address of subpoena\n\n(1) A subpoena requiring a person to attend for the purpose of giving evidence may be addressed to any number of persons.\n\n(2) A subpoena requiring the production of a document or thing must be addressed to one person, except in the case of a partnership where all the members of a firm may be addressed in the subpoena.\n\n\t7.03 Service\n\n(1) A subpoena must be served personally on the person to whom it is addressed.\n\n(2) Despite subrule (1), if the subpoena is addressed to a corporation, service may be effected by serving the subpoena personally on one of the following persons—\n\n(a) the mayor, chairman, president or other head officer of the corporation;\n\n(b) the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation.\n\n\t7.04 Conduct money\n\nA person to whom a subpoena is addressed is excused from complying with the subpoena unless conduct money, sufficient to meet the person's reasonable expenses of complying, is given or tendered to that person at—\n\n(a) the time of service of the subpoena; or\n\n(b) a reasonable time before the day the witness is required to attend in answer to the subpoena.\n\n\t7.05 Setting aside\n\nThe Court may set aside a subpoena either wholly or in part.\n\n\t7.06 Production before date of attendance\n\n(1) If a subpoena requires production of a document or thing before the Court or an officer of the Court, the person to whom the subpoena is addressed may instead produce the document or thing to the registrar by hand or by post, unless the Court otherwise orders.\n\n(2) A document or thing produced by hand or by post must be received by the registrar not later than 2 days before the day that the subpoena requires the document or thing to be produced.\n\n(3) This Rule does not apply to so much of a subpoena as requires a person to attend for the purpose of giving evidence.\n\nOrder 8—Affidavits\n\n\t8.01 Form of affidavit\n\n(1) An affidavit must be made in the first person.\n\n(2) An affidavit must state the place of residence of the deponent and the deponent's occupation or, if the deponent has none, the deponent's description.\n\n(3) Despite subrule (2), an affidavit does not have to state the deponent's place of residence if the deponent believes that it would jeopardise the deponent's safety to do so.\n\n(4) An affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.\n\n(5) Every affidavit must be signed by the deponent, except as provided by Rule 8.02(1), and the jurat must be completed and signed by the person before whom it is sworn or affirmed.\n\n(6) Each page of an affidavit must be signed by the person before whom it is sworn or affirmed.\n\n(7) The first page of an affidavit must be headed immediately beneath the title of the proceeding with the name of the deponent and the date of swearing or affirmation.\n\n(8) An affidavit must on the outside identify the party on whose behalf it is filed and state the name of the deponent and the date of swearing or affirmation.\n\n\t8.02 Affidavit by illiterate, blind or incapacitated person\n\n(1) If it appears to the person before whom an affidavit is sworn that the deponent is illiterate, blind, cognitively impaired or physically incapacitated, the person must certify in or below the jurat that—\n\n(a) the person read the affidavit in the deponent's presence to the deponent; and\n\n(b) the deponent seemed to the person to understand it.\n\n(2) If an affidavit is made by an illiterate, blind, cognitively impaired or physically incapacitated deponent and a certificate in accordance with subrule (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent.\n\n\t8.03 Content of affidavit\n\nIn an application in a proceeding an affidavit may contain a statement of fact based on information and belief if the grounds are set out in the affidavit.\n\n\t8.04 Affidavit by 2 or more deponents\n\nIf an affidavit is made by 2 or more deponents, the names of the persons making the affidavit must be inserted in the jurat, except that, if the affidavit is sworn by both or all the deponents at one time before the same person, it is sufficient to state that it is sworn by \"each of the abovenamed\" deponents.\n\n\t8.05 Alterations\n\nAny interlineation, erasure or other alteration in the jurat or body of an affidavit must be initialled by the person before whom it is sworn.\n\n\t8.06 Annexures and exhibits\n\n(1) A document referred to in an affidavit must not be annexed to the affidavit but may be referred to as an exhibit.\n\n(2) An exhibit to an affidavit must be identified by a separate certificate annexed to it bearing the same title as the affidavit and signed by the person before whom the affidavit is sworn.\n\n\t8.07 Irregularity\n\nDespite any irregularity in form an affidavit may—\n\n(a) unless the Court otherwise orders, be filed; and\n\n(b) with the leave of the Court, be used in evidence.\n\n\t8.08 Filing and service of affidavits\n\n(1) An affidavit must be filed.\n\n(2) The affidavit must be served on the following persons—\n\n(a) the applicant or respondent (as the case requires);\n\n(b) an adult affected family member or protected person;\n\n(c) if the application to which the proceeding relates was made with the consent of a parent or guardian, that parent or guardian.\n\n(3) An affidavit must not be served on a child (other than a child who is an applicant or respondent) without leave of the Court.\n\n(4) An affidavit must be served in a manner set out in Rule 5.01(c), (d) or (e).\n\n\t8.09 Service of affidavits if party is unrepresented\n\nThe registrar must serve an affidavit on a party who does not have legal representation.\n\n\t8.10 Affidavit sworn before party\n\nA party must not use in evidence on the party's behalf an affidavit sworn before—\n\n(a) a party; or\n\n(b) an employee of a party.\n\nOrder 9—Expert evidence\n\n\t9.01 Statement or report of expert to be filed\n\n(1) A party who intends at the hearing to adduce the evidence of a person as an expert witness must, at least 5 working days before the date of the hearing at which the evidence is intended to be adduced, file—\n\n(a) a statement in accordance with subrule (2); or\n\n(b) a copy of a report in accordance with subrule (3).\n\n(2) The statement must—\n\n(a) give the name and professional address of the witness, unless the witness believes that disclosing the witness' address would jeopardise the witness' safety; and\n\n(b) describe the qualifications to give evidence as an expert; and\n\n(c) give the substance of the evidence it is proposed to adduce from the witness as an expert.\n\n(3) The report must—\n\n(a) give the name of the witness; and\n\n(b) describe the qualifications to give evidence as an expert.\n\n(4) A party who has not filed a statement or a copy of a report under subrule (1) must not adduce any evidence from a witness as an expert at the hearing of a proceeding unless—\n\n(a) the Court grants leave; or\n\n(b) the other parties consent; or\n\n(c) the evidence is adduced in cross‑examination.\n\n\t9.02 Service of statement or report\n\n(1) A statement or copy of a report must be served on the following persons—\n\n(a) the applicant or respondent (as the case requires);\n\n(b) an adult affected family member or protected person;\n\n(c) if the application to which the proceeding relates was made with the consent of a parent or guardian, that parent or guardian.\n\n(2) A statement or copy of a report must not be served on a child (other than a child who is an applicant or respondent) without leave of the Court.\n\n(3) A statement or copy of a report must be served in a manner set out in Rule 5.01(c), (d) or (e).\n\n\t9.03 Service of statement or report on unrepresented party\n\nThe registrar must serve a statement or copy of a report on a party who does not have legal representation.\n\n\t9.04 Putting statement or report filed by other party in evidence\n\nA party to a proceeding may put in evidence a statement or copy of a report filed by another party in accordance with Rule 9.01.\n\nOrder 10—Hearings\n\n\t10.01 Order of hearing\n\nThe Court may give directions as to the order of evidence and generally as to the conduct of the hearing of a proceeding.\n\n\t10.02 No addresses\n\nUnless the Court otherwise orders, no opening or closing addresses may be made at the hearing of any proceeding.\n\n\t10.03 Absence of party\n\n(1) If, when the hearing of a proceeding is called on, any party is absent, the Court may—\n\n(a) proceed with the hearing; or\n\n(b) strike out or dismiss the application; or\n\n(c) adjourn the hearing; or\n\n(d) make any other order which the Court considers appropriate.\n\n(2) If the absent party is a respondent who has failed to appear on bail, the Court may also issue a warrant for the arrest of the respondent.\n\n\t10.04 Alternative arrangements for giving evidence\n\n(1) This Rule applies if a party wishes to use alternative arrangements for giving evidence referred to in section 69(1)(a) or (b) of the Act.\n\n(2) A party may apply to use alternative arrangements for giving evidence by notifying the Court in writing before the hearing.\n\n(3) A notification under subrule (2) must set out—\n\n(a) the reason the witness needs alternative arrangements for giving evidence; and\n\n(b) the alternative arrangements sought.\n\n(4) Despite subrule (2), if the party has not notified the Court, the Court may direct that alternative arrangements be made if they are available on the day of hearing at that venue of the Court.\n\nOrder 11—Orders and other matters\n\n\t11.01 Certified extracts\n\n(1) A certified extract from the Court record of any order is sufficient for any purpose for which an order is required.\n\n(2) The Court may order, on its own motion or on the application of a party, that a certified extract must not include information that would jeopardise the safety of a party or any other person.\n\n(3) In making an order under subrule (2), the Court may be constituted by a registrar.\n\n(4) If a person is not satisfied with the decision of the Court constituted by a registrar, the person may seek leave to refer the matter to the Court for a decision.\n\n\t11.02 Form of written explanation of interim family violence order\n\nA written notice under section 57(2A) or 57A(4) of the Act must be in Form 1A.\n\n\t11.03 Form of written explanation of final family violence order\n\nA written notice under section 96(3) or 96A(4) of the Act must be in Form 1B.\n\nOrder 12—Venue and transfer of proceedings\n\n\t12.01 Venue of Court\n\n(1) An application under the Act must be made by filing the application at the proper venue of the Court.\n\n(2) Filing must be effected by—\n\n(a) filing in the office of the Court at that venue; or\n\n(b) facsimile transmission or other electronic communication to the Magistrates' Court of Victoria After Hours Service  in the case of an application made under section 20 or 44 of the Act.\n\n(3) In the case of a family violence safety notice—\n\n(a) the location for the first mention must be the proper venue of the Court; and\n\n(b) the copy of the form or safety notice form must be filed—\n\n(i) in the office of the Court at that venue if issued during business hours; or\n\n(ii) by facsimile transmission or other electronic communication to the Magistrates' Court of Victoria After Hours Service if issued after business hours.\n\n**Note**\n\n***Proper venue*** is defined in section 3(1) of the **Magistrates' Court Act 1989**.\n\n\t12.02 Place of hearing of application\n\n(1) A proceeding under the Act must be heard at the venue of the Court stated on the application, unless the Court orders otherwise.\n\n(2) The Court may adjourn the hearing of a proceeding to another venue of the Court if it is satisfied that the interests of justice so require.\n\n(3) In making a decision under subrule (2), the Court must have regard to the matters listed under paragraph (da) of the definition of ***proper venue*** in the **Magistrates' Court Act 1989**.\n\nOrder 13—Rehearings\n\n\t13.01 Application for rehearing\n\n(1) A respondent for a final order may make an application for rehearing under section 122 of the Act by filing the application at the venue of the Court where the order sought to be set aside was made.\n\n(2) The registrar must—\n\n(a) list the application for hearing; and\n\n(b) serve a copy of the application and affidavit in support on the other parties to the proceeding.\n\n(3) If the application for rehearing is struck out because the applicant failed to appear at the time fixed for hearing of the application, any further application for rehearing is taken to be an application for leave to reapply under section 122(4) of the Act.\n\n\t13.02 Form of application\n\nAn application under Rule 13.01 must be in accordance with Form 2.\n\n\t13.03 Rehearing date\n\nIf the Court sets aside an order, the proceeding must be reheard on a date fixed by the Court.\n\nOrder 14—Appeals\n\n\t14.01 Form of notice of appeal\n\nFor the purposes of section 116 of the Act, a notice of appeal must be in accordance with Form 3.\n\n**Note**\n\nSee section 115 of the Act for the court to which the appeal must be made.\n\n\t14.02 Stay of relevant decision\n\n(1) An application under section 117 of the Act to stay the operation of a relevant decision must be filed.\n\n(2) The registrar may serve an application under section 117 of the Act to stay the operation of a relevant decision on the following persons—\n\n(a) the other parties to the proceeding in which the relevant decision was made;\n\n(b) if the appeal relates to a family violence intervention order for a protected person who is a child—\n\n(i) if the application for the order was made with the consent of a parent, that parent; or\n\n(ii) if a parent of the child did not consent to the order, a parent of the child (other than the respondent) with whom the child normally or regularly resides;\n\n(c) if the appeal relates to a family violence intervention order for a protected person who has a guardian, the guardian.\n\n(3) If there are exceptional circumstances, the Court may grant a stay without serving the application on any other person.\n\nOrder 15—Miscellaneous\n\n\t15.01 Risk assessments\n\nA risk assessment is confidential and must not be—\n\n(a) used in evidence in any proceeding; or\n\n(b) disclosed to the respondent or an associate of the respondent to the proceeding to which the risk assessment relates.\n\n**Note**\n\nThere is currently no Rule 15.02.\n\n\t15.03 General power of amendment\n\nFor the purpose of determining the real question in issue between the parties to any proceeding, or of correcting any defect or error in any proceeding, or of avoiding multiplicity of proceedings, the Court may at any stage order that any document (including an application) in a proceeding be amended or that any party have leave to amend any document in the proceeding.\n\n\t15.04 Directions\n\nAt any stage of a proceeding the Court may give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination.\n\nOrder 16—Procedure under the Vexatious Proceedings Act 2014\n\nPart 1—Interpretation\n\n\t16.01 Definitions\n\nAn expression used in the **Vexatious Proceedings Act 2014** has the same meaning in this Order as it has in that Act.\n\nPart 2—Applications and notices\n\n\t16.02 Applications for leave to apply for extended litigation restraint orders that relate to intervention order legislation\n\n(1) An application under section 18(1) of the **Vexatious Proceedings Act 2014** by a person referred to in section 18(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order that relates to intervention order legislation must be in Form 4.\n\n(2) An application referred to in this rule—\n\n(a) must be supported by an affidavit; and\n\n(b) must be made without notice to any person unless the Court orders otherwise.\n\n\t16.03 Applications for extended litigation restraint orders that relate to intervention order legislation\n\n(1) An application under section 18(1) of the **Vexatious Proceedings Act 2014** for an extended litigation restraint order that relates to intervention order legislation must be in Form 5.\n\n(2) An application referred to in this rule must be supported by an affidavit.\n\n(3) In addition, a copy of the order granting leave to apply for the extended litigation restraint order must be attached to the application.\n\n\t16.04 Applications for acting in concert orders—intervention order legislation\n\n(1) An application under section 34 of the **Vexatious Proceedings Act 2014** for an acting in concert order must be in Form 6.\n\n(2) An application referred to in this rule must be supported by an affidavit.\n\n\t16.05 Application for leave to proceed under extended litigation restraint order that relates to intervention order legislation\n\nAn application under section 52(2) of the **Vexatious Proceedings Act 2014** by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be—\n\n(a) in Form 7, in the case of an application to continue a proceeding in the Court; and\n\n(b) in Form 8, in any other case.\n\n\t16.06 Application for leave to proceed under general litigation restraint order\n\nAn application under section 54 of the **Vexatious Proceedings Act 2014** by a person subject to a general litigation restraint order for leave to commence or continue a proceeding that relates to intervention order legislation must be—\n\n(a) in Form 9, in the case of an application to continue a proceeding; and\n\n(b) in Form 10, in the case of an application to commence a proceeding.\n\n\t16.07 Notice of applications\n\n(1) Notice required to be given by a direction of the Court under section 61(2) of the **Vexatious Proceedings Act 2014** must be in Form 11.\n\n(2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.\n\n**Note**\n\nFurther requirements are stated in section 61(4) of the **Vexatious Proceedings Act 2014**.\n\n\t16.08 Application for leave to apply for variation or revocation of extended litigation restraint order that relates to intervention order legislation\n\nAn application under section 65(2) of the **Vexatious Proceedings Act 2014**, by a person subject to an extended litigation restraint order that relates to intervention order legislation, for leave to apply to vary or revoke the order must be in Form 12.\n\n\t16.09 Application to vary or revoke extended litigation restraint order that relates to intervention order legislation\n\n(1) An application under section 65(2) of the **Vexatious Proceedings Act 2014**, by a person subject to an extended litigation restraint order that relates to intervention order legislation, to vary or revoke the order must be in Form 13.\n\n(2) In addition, a copy of the order granting leave to apply to vary or revoke the extended litigation restraint order must be attached to the application.\n\n\t16.10 Notice of application to vary or revoke litigation restraint order\n\n(1) Notice required to be given by a direction of the Court under section 68(2) of the **Vexatious Proceedings Act 2014** must be in Form 14.\n\n(2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application.\n\n**Note**\n\nFurther requirements are stated in section 68(4) of the **Vexatious Proceedings Act 2014**.\n\nPart 3—Provisions applying to applications\n\n\t16.11 Application of Part\n\nThis Part applies to an application that is made under any of the following sections of the **Vexatious Proceedings Act 2014**—\n\n(a) section 18(1);\n\n(b) section 34 in the case where the application relates to a person who is acting in concert with a person who is subject to an extended litigation restraint order that relates to intervention order legislation.\n\n\t16.12 Service of applications\n\n(1) The applicant must serve a copy of the application and a copy of any affidavit in support on every person to whom notice of the application is to be given unless otherwise provided by these Rules.\n\n(2) The application must be served within a reasonable time before the day for hearing named in the application, and in no case later than 2 p.m. on the previous day, or where the office of the Court was closed on the day before the day for hearing, not later than 2 p.m. on the day the office was last open.\n\n\t16.13 Day for hearing\n\n(1) If an application has not been served a registrar may, at the request of the party who filed it, amend the application on or before the day for hearing named in the application to name another day.\n\n(2) The application may be amended—\n\n(a) by a magistrate; or\n\n(b) by a judicial registrar; or\n\n(c) by a registrar.\n\n(3) An application must not be amended under this Rule more than once.\n\n(4) This Rule does not limit the power of the Court under Rule 36.01 of Magistrates' Court General Civil Procedure Rules 2010[[7]](#endnote-8).\n\n\t16.14 Adjournment\n\n(1) The Court may adjourn the hearing of an application on such terms as it thinks fit.\n\n(2) The Court constituted by a registrar—\n\n(a) may by consent order that the hearing of an application be adjourned to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and\n\n(b) must record the adjournment and any reservation of the costs by indorsement on the court file.\n\n(3) If the hearing of an application is adjourned under paragraph (2), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit.\n\n\t16.15 Absence of party to application\n\n(1) If any person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served.\n\n(2) If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit.\n\nForm 1—Subpoena\n\nRule 7.01\n\nSUBPOENA\n\n**In the Magistrates' Court at:** [*specify venue*] **Case No:**\n\nApplicant:  \n\nAffected family member or protected person:\n\nRespondent:\n\nNature of proceeding:\n\nTo: [*name of person to whom subpoena is addressed*]\n\nOf: [*address*]\n\n**You are required to:** [*tick one box only*]\n\n□ attend court and give evidence in the proceeding OR\n\n□ attend court and give evidence in the proceeding and produce the following documents or things: [*specify documents or things that person must produce*] OR\n\n□ produce at the hearing the following documents or things: [*specify documents or things that person must produce*]\n\nIf you are required to attend court and give evidence you **must** attend the hearing.\n\nIf you fail to attend the hearing or fail to produce the documents or things required by this subpoena, **a warrant for your arrest** **may be issued**.\n\n**Production of documents and things before the hearing**\n\nIf you are required to produce documents or things, you may provide them to the registrar of the Magistrates' Court at [*specify venue*] by hand or by post.\n\nThe registrar must receive the documents or things no later than 2 business days before the date of the hearing.\n\n**Details of hearing**\n\nThis case will be heard at the Magistrates' Court at [*specify venue*].\n\nCourt address: Phone:\n\nDate and time of hearing:\n\n**Details of issue**\n\nThis subpoena was issued at [*specify court venue*] by [*Registrar/Magistrate*].\n\nDate issued:\n\nSubpoena filed by: [*name of party or party's legal representative*]\n\nForm 1A substituted by S.R. No. 59/2019 rule 4.\n\nForm 1A—Explanation of interim family violence intervention order\n\nRule 11.02\n\nInformation Sheet—Interim Intervention Order\n\nAn Interim Family Violence Intervention Order has been made against  \n\"**the respondent**\".\n\nThe person this Order protects is called \"**the protected person**\". Children can be included as protected people because being around family violence can cause children serious harm.\n\n1. The Court has made this Interim Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.\n\n2. This Interim Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.\n\n3. If the rules in this Interim Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.\n\n4. Only the Court can change (\"vary\") or cancel (\"revoke\") the Order.\n\nThe respondent must not pressure the protected person to change or cancel the Order.\n\nIt is a breach of the Interim Order to do so.\n\n5. This Interim Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Interim Order, the respondent must still obey the Order.\n\n6. The respondent must not use someone else, including family, to do things on their behalf that the Interim Order says they cannot do.\n\n7. If the protected person and respondent have children this Interim Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.\n\n8. If you have orders from another court, this Interim Order may affect them. Speak to a lawyer about what the Interim Order says.\n\n9. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Interim Order says.\n\n10. This Interim Order will say how long it lasts and when you may need to return to court. Check to see what it says. The interim Order is in place until a court can decide on whether to make a Final Order.\n\n11. Any Intervention Order is recognised throughout Australia.\n\nRead the Interim Order more than once and get advice about anything you don't understand.\n\nPolice cannot give you legal advice.\n\n**For more information:**\n\nVictoria Legal Aid <www.legalaid.vic.gov.au> or 1300 792 387\n\nVictorian Aboriginal Legal Service [www.vals.org.au](http://www.vals.org.au) or 1800 064 865\n\nDjirra [www.djirra.org.au](http://www.djirra.org.au) or 1800 105 303\n\nMen's Referral Service www.ntv.org.au or 1300 766 491\n\nFV support and information [www.safesteps.org.au](http://www.safesteps.org.au) or 1800 015 188\n\n**Children, including unborn babies, can be harmed by family violence**. This includes:\n\n• Children knowing that it is happening **even if they are not there at the time**.\n\n• Children seeing damaged property or injured people.\n\n• Children knowing one parent is afraid of, or controlled by, the other.\n\n• Children knowing that the family is controlled by one parent's behaviour and moods.\n\n• Children intervening to protect a parent or calm one down.\n\n**Family violence includes a wide range of behaviours**. Below are **some** examples.\n\n| *Behaviour* | *Some examples* |\n| --- | --- |\n| Physical violence | Hitting, punching, pushing, pulling, kicking, choking |\n|  |  |\n|  |  |\n| Sexual violence | Pressuring someone into sexual acts; rapePressuring them to watch or join in pornography |\n| Property damage | Breaking or damaging someone's property or belongings, including jointly owned property or belongings |\n| Economic violence | Controlling someone's money against their willForcing someone to pay or give money to others or taking moneyStopping someone from workingForcing or tricking someone to take on debtsUsing dowry or family finance issues to control someone |\n| Emotional, social or psychological violence | Making someone feel that no one cares or will help themName calling or put downsMaking someone fear for their safetyTaunting someone about sexuality or gender identitySending abusive messages via phone, email or social media or monitoring what someone does onlineHarming or killing pets |\n| Threats | To harm people (including themselves), property, or petsTo take children away or to have them taken by others, such as immigration authorities or Child Protection ServicesTo disclose someone's sexuality or gender identityTo post or send images held on a phone or deviceTo use family members to add pressureTo get someone deported |\n|  |  |\n|  |  |\n| Coercing, controlling, dominating or terrorising | Intimidating, bullying, frighteningControlling where someone goes, what they wear or eat, when they sleep, who they can seeStopping someone from seeing or speaking to othersWithholding mobility aids, disability equipment or medicationForcing someone to marry without their consent |\n\n\nForm 1B substituted by S.R. No. 59/2019 rule 5.\n\nForm 1B—Explanation of final family violence intervention order\n\nRule 11.03\n\nInformation Sheet—Final Intervention Order\n\nA Final Family Violence Intervention Order has been made against  \n\"**the respondent**\".\n\nThe person this Final Order protects is called \"**the protected person**\". Children can be included as protected people because being around family violence can cause children serious harm.\n\n1. The Court has made this Final Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.\n\n2. This Final Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.\n\n3. If the rules in this Final Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.\n\n4. Only the Court can change (\"vary\") or cancel (\"revoke\") the Order.\n\nThe respondent must not pressure the protected person to change or cancel the Order.\n\nIt is a breach of the Final Order to do so.\n\n5. This Final Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Final Order, the respondent must still obey the Order.\n\n6. The respondent must not use someone else, including family, to do things on their behalf that the Final Order says they cannot do.\n\n7. If the protected person and respondent have children this Final Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.\n\n8. If you have orders from another court, this Final Order may affect them. Speak to a lawyer about what the Final Order says.\n\n9. If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Final Order says.\n\n10. This Final Order will say how long it lasts and when you may need to return to court. Check to see what it says.\n\n11. Any Final Order is recognised throughout Australia.\n\nRead the Final Order more than once and get advice about anything you don't understand.\n\nPolice cannot give you legal advice.\n\n**For more information:**\n\nVictoria Legal Aid [www.legalaid.vic.gov.au](http://www.legalaid.vic.gov.au) or 1300 792 387\n\nVictorian Aboriginal Legal Service [www.vals.org.au](http://www.vals.org.au) or 1800 064 865\n\nDjirra [www.djirra.org.au](http://www.djirra.org.au) or 1800 105 303\n\nMen's Referral Service www.ntv.org.au or 1300 766 491\n\nFV support and information [www.safesteps.org.au](http://www.safesteps.org.au) or 1800 015 188\n\n**Children, including unborn babies, can be harmed by family violence**. This includes:\n\n• Children knowing that it is happening **even if they are not there at the time**.\n\n• Children seeing damaged property or injured people.\n\n• Children knowing one parent is afraid of, or controlled by, the other.\n\n• Children knowing that the family is controlled by one parent's behaviour and moods.\n\n• Children intervening to protect a parent or calm one down.\n\n**Family violence includes a wide range of behaviours**. Below are **some** examples.\n\n| *Behaviour* | *Some examples* |\n| --- | --- |\n| Physical violence | Hitting, punching, pushing, pulling, kicking, choking |\n| Sexual violence | Pressuring someone into sexual acts; rapePressuring them to watch or join in pornography |\n| Property damage | Breaking or damaging someone's property or belongings, including jointly owned property or belongings |\n| Economic violence | Controlling someone's money against their willForcing someone to pay or give money to others or taking moneyStopping someone from workingForcing or tricking someone to take on debtsUsing dowry or family finance issues to control someone |\n| Emotional, social or psychological violence | Making someone feel that no one cares or will help themName calling or put downsMaking someone fear for their safetyTaunting someone about sexuality or gender identitySending abusive messages via phone, email or social media or monitoring what someone does onlineHarming or killing pets |\n| Threats | To harm people (including themselves), property, or petsTo take children away or to have them taken by others, such as immigration authorities or Child Protection ServicesTo disclose someone's sexuality or gender identityTo post or send images held on a phone or deviceTo use family members to add pressureTo get someone deported |\n| Coercing, controlling, dominating or terrorising | Intimidating, bullying, frighteningControlling where someone goes, what they wear or eat, when they sleep, who they can seeStopping someone from seeing or speaking to othersWithholding mobility aids, disability equipment or medicationForcing someone to marry without their consent |\n\n\nForm 2 substituted by S.R. No. 59/2019 rule 6.\n\nForm 2—Application for rehearing\n\nRule 13.02\n\nAPPLICATION FOR REHEARING\n\n**In the Magistrates' Court at:** [*specify venue*] **Case No:**\n\nApplicant:  [*full name of applicant for rehearing*]\n\nApplicant's address:\n\nRespondent: [*full name of respondent to this application*]\n\nRespondent's address:\n\nProtected person or person protected by the order:\n\nAddress:\n\n**Details of the application you would like reheard**\n\nI (the applicant) am the respondent to an application for a family violence intervention order.\n\nThe application was made at [*specify court location*] on [*date*].\n\nThe application came to my attention on [*date*].\n\nHave you previously applied for a rehearing of this application? Yes*/No*\n\nNote: If you failed to attend at the time fixed for the hearing of the application and the application was struck out by the Court, you will require leave of the Court to make another application.\n\n**Reasons for applying for rehearing**\n\nMy reason for seeking a rehearing of the application is:\n\n□ I was not personally served with the application; or\n\n□ the application was not brought to my attention by an order for alternative service or substituted service prior to the making of the final order; or\n\n□ there are exceptional circumstances and a rehearing is fair and just.\n\nThese circumstances are: [*briefly state the reasons why you did not attend the hearing of the application*]\n\n**Affidavit**\n\nI [*full name*]  of [*address*] *make oath/*affirm and say:\n\n[*insert statement to be sworn or affirmed in numbered paragraphs*]\n\nThe contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n*SWORN/*AFFIRMED at: [*place*]\n\nON: [*date*]\n\n[*signature of person making the affidavit*]\n\nBEFORE ME:\n\n[*name, statement of the capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp*]\n\nA person authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\n*delete if inapplicable\n\nForm 3—Notice of appeal\n\nRule 14.01\n\nNOTICE OF APPEAL\n\n**In the Magistrates' Court at**: [*specify venue*] **Appeal No:**\t**Case No:**\n\nAppellant's name:\n\nAppellant's address for service:\n\nName and address of appellant's solicitor:\n\nRespondent's name:\n\nRespondent's address:\n\n**TO**\n\n**The Registrar of the Magistrates' Court at:**\n\n**The *Registrar of the County Court** /***Prothonotary** [*If the appeal is to the trial Division of the Supreme Court*] **at:**\n\n**The abovenamed respondent:**\n\n**Details of the proceeding appealed**\n\nVenue of the Magistrates' Court from which proceeding is appealed:\n\nDate order made:\n\nNature of proceeding:\n\n[*Please attach copy of order to this Form*]\n\n**Grounds of appeal**\n\n[*Briefly state the grounds for the appeal*]\n\n**The Appellant requests the *Registrar of the County Court/*Prothonotary to list the appeal**\n\nDetails of the appeal:\n\nThe appeal is to be heard by the *County Court/*Supreme Court sitting at:\n\nDate of appeal: Time of appeal:\n\nNotice of appeal filed at: Date:\n\nSignature of Appellant: Signature of *Registrar/*Prothonotary:\n\n*delete if inapplicable\n\nForm 4—Application for leave to apply for  \nextended litigation restraint order\n\nRule 16.02\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02 of those Rules*]\n\nApplication for Leave to Apply for Extended Litigation Restraint Order\n\n(Section 18(1) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], apply under section 18(1) of the **Vexatious Proceedings Act 2014** for leave to apply for an extended litigation restraint order.\n\nIn accordance with section 18(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to apply for an extended litigation restraint order;\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 5—Application for extended litigation restraint order\n\nRule 16.03\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication for Extended Litigation Restraint Order\n\n(Section 18(1) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], apply for an extended litigation restraint order under section 18(1) of the **Vexatious Proceedings Act 2014**.\n\nLeave was granted to me to apply by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order.\n\nI contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. an extended litigation restraint order;\n\n2. [*set out any other orders sought*].\n\n**SUMMONS**\n\nTo: [*identify each party or other person to whom the application is addressed and state address of each person not a party*].\n\nYou are summoned to attend before the Court on the hearing of the application for the orders sought.\n\nThe application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [*insert date*] at [*insert time*] *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 6—Application for acting in concert order\n\nRule 16.04\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication for Acting In Concert Order\n\n(Section 34 of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], am a person referred to in section *34(a)/*34(b) of the **Vexatious Proceedings Act 2014** and apply under that section for an acting in concert order.\n\nI contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. an acting in concert order;\n\n2. [*set out any other orders sought*].\n\n**SUMMONS**\n\nTo: [*identify each party or other person to whom the application is addressed and state address of each person not a party*].\n\nYou are summoned to attend before the Court on the hearing of the application for the orders sought.\n\nThe application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [*insert date*] at [*insert time*] *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit in support of the order(s) sought in the application.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 7—Application for leave to continue proceeding by person subject to extended litigation restraint order\n\nRule 16.05\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication for Leave to Continue Proceeding by Person Subject to Extended Litigation Restraint Order\n\n(Section 52(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], apply under section 52(2) of the **Vexatious Proceedings Act 2014** for leave to continue a proceeding to which the order relates.\n\nIn accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to continue this proceeding;\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 8—Application for leave to commence proceeding by person subject to extended litigation restraint order\n\nRule 16.05\n\nIN THE MAGISTRATES' COURT\n\nOF VICTORIA\n\n20 No.\n\nAT\n\nIN THE MATTER of an application under section 52(2) of the **Vexatious Proceedings Act 2014***.*\n\nApplication for Leave to Commence Proceeding by Person Subject to Extended Litigation Restraint Order\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], apply under section 52(2) of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding to which the order relates.\n\nIn accordance with section 53 of that Act, I contend that the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to commence a proceeding, namely, [*set out full details of proceeding for which leave is sought, including the names and addresses of all proposed parties*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 9—Application for leave to continue proceeding by person subject to general litigation restraint order\n\nRule 16.06\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication for Leave to Continue Proceeding by Person Subject to General Litigation Restraint Order\n\n(Section 54 of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to continue *this proceeding/*a proceeding, namely [*identify relevant proceeding*].\n\nIn accordance with section 55 of that Act, I contend that *this proceeding/  \n*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to continue *this proceeding/*a proceeding, namely [*identify the proceeding*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 10—Application for leave to commence proceeding by person subject to general litigation restraint order\n\nRule 16.06\n\nIN THE MAGISTRATES' COURT\n\nOF VICTORIA\n\n20 No.\n\nAT\n\nIN THE MATTER of an application under section 54 of the **Vexatious Proceedings Act 2014***.*\n\nApplication for Leave to Commence Proceeding by Person Subject to General Litigation Restraint Order\n\nI, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding.\n\nIn accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n1. leave to commence a proceeding, namely, [*set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties*];\n\n2. [*set out any other orders sought*].\n\n**ACCOMPANYING AFFIDAVIT**\n\nThis application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows—\n\n(a) details of each application for leave to proceed made by the applicant;\n\n(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal;\n\n(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant—\n\n(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or\n\n(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;\n\n(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);\n\n(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 11—Notice of application for leave to proceed\n\nRule 16.07\n\n[*heading as in form used in application*]\n\nNotice of Application for Leave to Proceed\n\n(Section 61 of the **Vexatious Proceedings Act 2014**)\n\nTO:\n\n(a) the Attorney-General;\n\n(b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*].\n\nTAKE NOTICE that [*name*] of [*address*], a person subject to a general litigation order or an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*], has made an application to the Court for leave to proceed as follows: [*describe the relief sought in the application*].\n\nUnder section *60/*61(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for leave to proceed be given to you.\n\nThis notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.\n\nYou are entitled to make submissions in relation to the application.\n\nDate:\n\nAny Questions?\n\nIf you have any questions, please contact the registrar at the Magistrates' Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9 a.m. to 4:30 p.m. each business day.\n\n*delete if inapplicable\n\nForm 12—Application for leave to apply to vary or revoke extended litigation restraint order\n\nRule 16.08\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication for Leave to Apply to Vary or Revoke Extended Litigation Restraint Order\n\n(Section 65(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*] apply for leave to apply to *vary/*revoke that order under section 65(2) of the **Vexatious Proceedings Act 2014**.\n\nI contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks leave to apply for—\n\n*1. variation of the order in the following manner [*specify variation of order sought*];\n\n*1. the revocation of the order;\n\n2. [*set out any other orders sought*].\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 13—Application to vary or revoke extended litigation restraint order\n\nRule 16.09\n\n*[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2010*]/*[*heading in accordance with Rule 27.02*]\n\nApplication to Vary or Revoke Extended Litigation Restraint Order\n\n(Section 65(2) of the **Vexatious Proceedings Act 2014**)\n\nI, [*name*], a person subject to an extended litigation restraint order that relates to intervention order legislation [*identify the relevant order*] apply to *vary/*revoke that order under section 65(2) of the **Vexatious Proceedings Act 2014**.\n\nLeave was granted to me to apply to *vary/*revoke that order by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order.\n\nI contend that the order should be *varied in the manner set out below/*revoked on the following grounds: [*set out the grounds in numbered paragraphs*].\n\n**ORDERS SOUGHT**\n\nThe applicant seeks—\n\n*1. variation of the order in the following manner [*specify variation of order sought*];\n\n*1. revocation of the order;\n\n2. [*set out any other orders sought*].\n\nFILED [*insert date*].\n\nThis application was filed—\n\n*(a) by the applicant in person.\n\n*(b) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*].\n\n*(c) for the applicant by [*name or firm of Australian legal practitioner*], Australian legal practitioner, of [*business address of Australian legal practitioner*] as agent for [*name or firm of principal Australian legal practitioner*], Australian legal practitioner, of [*business address of principal*].\n\nThe address of the applicant is:\n\nThe address for service of the applicant is:\n\nDate:\n\nSigned\n\n*delete if inapplicable\n\nForm 14—Notice of application to vary or revoke extended litigation restraint order\n\nRule 16.10\n\n[*heading as used in application for leave to vary or revoke litigation restraint order*]\n\nNotice of Application to Vary or Revoke Extended Litigation Restraint Order\n\n(Section 68 of the **Vexatious Proceedings Act 2014**)\n\nTO:\n\n(a) the Attorney-General;\n\n(b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*].\n\nTAKE NOTICE that [*name*] of [*address*], a person subject to an extended litigation restraint order, has made an application to the Court to *vary the extended litigation restraint order in the following manner [*describe variation sought*]/*revoke the litigation restraint order.\n\nUnder section 68(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for *variation/*revocation be given to you.\n\nThis notice is accompanied by a copy of the application for *variation/  \n*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.\n\nYou are entitled to make submissions in relation to the application for *variation/*revocation.\n\nDate:\n\nAny Questions?\n\nIf you have any questions, please contact the registrar at the Magistrates' Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9 a.m. to 4:30 p.m. each business day.\n\n*delete if inapplicable\n\nDated: 23 October 2018\n\nPETER LAURITSEN,  \n*Chief Magistrate*\n\nLANCE IVAN MARTIN,  \n*Deputy Chief Magistrate*\n\nFELICITY BROUGHTON,  \n*Deputy Chief Magistrate*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Magistrates' Court (Family Violence Protection) Rules 2018, S.R. No. 182/2018 were made on 23 October 2018 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 209 of the **Family Violence Protection Act 2008**, No. 52/2008 and under section 16(1D)(1E) of the **Magistrates' Court Act 1989**, No. 51/1989 and came into operation on 3 December 2018: rule 1.03.\n\nThe Magistrates' Court (Family Violence Protection) Rules 2018 will sunset 10 years after the day of making on 23 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Magistrates' Court (Family Violence Protection) Rules 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nMagistrates' Court (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2019, S.R. No. 59/2019\n\n| *Date of Making:* | 8.7.19 |\n| --- | --- |\n| *Date of Commencement:* | Rules 4–6 on 12.7.19: rule 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Introductory Note: S.R. No. 96/2011 as amended by S.R. No. 203/2014. [↑](#endnote-ref-2)\n\n2. Rule 1.04(a): S.R. No. 157/2008 as amended by S.R. Nos 95/2011, 203/2014, 144/2017 and 42/2018. [↑](#endnote-ref-3)\n\n3. Rule 1.04(b): S.R. No. 95/2011. [↑](#endnote-ref-4)\n\n4. Rule 1.04(c): S.R. No. 203/2014. [↑](#endnote-ref-5)\n\n5. Rule 1.04(d): S.R. No. 144/2017. [↑](#endnote-ref-6)\n\n6. Rule 1.04(e): S.R. No. 42/2018. [↑](#endnote-ref-7)\n\n7. Rule 16.13(4): S.R. No. 140/2010. Reprint No. 3 as at 15 March 2018. Reprinted to S.R. No. 128/2017. [↑](#endnote-ref-8)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument remains a procedural rulebook for Magistrates' Court proceedings under the Family Violence Protection Act 2008. It revokes and replaces earlier procedural rules and incorporates subsequent technical amendments (notably the 2019 changes to some forms), but does not broaden the substantive scope of the Court's powers or the class of matters the Court may hear. The changes are chiefly organizational and procedural (new or revised forms, clearer filing/service methods, and integration of vexatious‑proceedings procedures), not an expansion of substantive jurisdiction."},"complexity_factors":["16 Orders covering preliminary, process, evidence, hearings, venue, appeals and vexatious proceedings","14+ prescribed court forms (Forms 1–14), including substituted forms introduced by S.R. No. 59/2019","Multiple cross‑references to other statutes and rules (Family Violence Protection Act 2008; Magistrates' Court Act 1989; Personal Safety Intervention Orders Act 2010; Vexatious Proceedings Act 2014; Magistrates' Court General Civil Procedure Rules 2010; Family Law Act and Oaths and Affirmations Act are also referenced)","Several conditional rules and exceptions (e.g. rules apply 'so far as applicable' to appeals — Rule 1.07(2); leave required in multiple places; alternative service methods subject to conditions)","Numerous procedural time or pre‑hearing requirements (expert reports at least 5 working days — Rule 9.01; affidavit filing and service obligations — Order 8; certificate of service timing — Rule 5.02)","Registrar discretion points (refuse to accept documents, certify extracts, serve unrepresented parties) that produce non‑straightforward outcomes (Rules 3.02, 3.03, 11.01, 8.09)","Nested administrative requirements (police must file and retain original safety notices for 28 days — Rule 4.02; specific particulars for police extension applications — Rule 4.01)","Confidentiality carve‑outs and protective powers (risk assessments are confidential — Rule 15.01; Court may omit safety‑jeopardising info from certified extracts — Rule 11.01(2))","Integration of vexatious‑litigant procedures into family violence jurisdiction with bespoke forms and steps (Order 16, Forms 4–14)"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- These are the Magistrates' Court procedural rules for family violence intervention order matters in Victoria. They set out how to start and run proceedings under the Family Violence Protection Act 2008, what information is required on forms, how documents are filed and served, how hearings are conducted, what evidence is permitted and when, and the court process for related matters (appeals, rehearings, subpoenas, vexatious‑litigant controls).\n\n**Who it affects\n\n- Applicants (including police and private applicants), respondents, protected people (including children), affected family members, witnesses and expert witnesses.  \n- Court officers and registrars who must receive, stamp and process forms and certificates.  \n- Legal practitioners who appear, lodge documents and notify the court of representation.  \n- Police stations that issue family violence safety notices and may seek extensions of police directions or detention.\n\n**Key procedural mechanics and where to find them (examples)\n\n- What to put in an application: the rules prescribe specific particulars an application must include (name, DOB, relationship details, nature of alleged violence, previous orders, firearms/weapon status, disability and Indigenous status, etc.) (Rule 4.03).  \n- Police processes: police must file family violence safety notices and retain originals for 28 days; specific particulars are required when seeking extension of police directions/detention (Rules 4.02, 4.01).  \n- Filing and service: documents are filed with the registrar at the proper venue, with prescribed methods including hand, post, fax or electronic transmission and limited email service where the respondent has provided an email address (Rules 1.10, 5.01, 12.01).  \n- Affidavits and expert evidence: form, content and service rules for affidavits (Order 8) and a 5 working‑day rule for filing expert statements/reports before hearing (Rule 9.01).  \n- Hearings and evidence conduct: the Court controls order of evidence, may disallow opening/closing addresses, may make alternative arrangements for vulnerable witnesses, and may proceed in absence of a party (Order 10).  \n- Confidentiality: risk assessments are expressly confidential and must not be disclosed to respondents or their associates or used in evidence (Rule 15.01).  \n- Vexatious proceedings: detailed forms and procedures are included for applications under the Vexatious Proceedings Act 2014 (Order 16 and Forms 4–14).  \n- Forms and explanations: standard forms are supplied (subpoena, notices, applications, and information sheets explaining interim and final intervention orders to respondents and protected persons — Forms 1A, 1B, etc.).\n\n**Official stated purpose and how the rules work to achieve it\n\n- The rules’ stated object is simply to provide the court procedure for matters under the Family Violence Protection Act 2008 (Rule 1.01). They implement that object by prescribing required content for applications and consents, defining service and filing methods, setting timeframes for exchange of evidence, providing templates (forms) to standardise information, and giving the Court powers to manage cases (directions, amendment, striking out, stays).\n\n**Practical effects, incentives and likely behaviour changes\n\n- Who pays: the primary compliance costs fall on applicants (time to collect prescribed particulars, file forms, serve documents), police (filing and record‑keeping duties) and witnesses/experts (producing reports on time). Respondents may incur costs in responding, attending hearings or obtaining legal advice.\n- Who decides: registrars and magistrates exercise day‑to‑day procedural decisions (accepting documents, listing hearings, issuing subpoenas); the Court retains broad discretion to dispense with compliance or to order strict compliance (Rules 2.02, 3.02, 15.04).  \n- Behavioural changes: applicants and police will supply more standardised, structured information; expert witnesses will be expected to lodge statements/reports at least five working days before hearings; parties and practitioners will rely on the supplied forms and the Court’s case‑management powers to govern procedure.\n\n**Costs, burdens and trade‑offs\n\n- Compliance burden: many mandatory particulars are listed for applications (Rule 4.03) and for certificates of service (Rule 5.02), which increases administrative work for applicants/police but standardises records for the Court.  \n- Privacy trade‑off: the rules require sensitive personal data on forms (e.g. disability, Aboriginal or Torres Strait Islander descent, firearms authority) while only some items (risk assessments) have express confidentiality protection (Rule 15.01). Filing sensitive particulars into court files can create disclosure risks unless the Court specifically restricts access (Rule 11.01(2)-(4) allows the Court to omit safety‑jeopardising information from certified extracts).  \n- Efficiency vs flexibility: the rules promote efficiency by standardising forms and timelines, but the Court keeps wide powers to relax or vary requirements (Rules 2.02, 15.04), which preserves flexibility but may produce variable practices between venues.\n\n**Implementation and operational risks\n\n- Reliance on electronic/fax filing and after‑hours transmission paths (Rule 12.01(2)) requires reliable systems and clear staff protocols.  \n- Registrar discretion to refuse documents that appear to be an abuse of process (Rule 3.03) or to accept filings may create bottlenecks or inconsistent front‑desk outcomes unless guided by operational practice notes.  \n- Vexatious proceedings procedures (Order 16) introduce a parallel procedural track that requires additional registrar and judicial resources when invoked.\n\n**Concentrated benefits, substitution effects and capture risk (mechanism‑not‑opinion)\n\n- Concentrated benefits: court efficiency and predictability benefit court staff and practitioners who work regularly in this jurisdiction; police benefit from a clear process to lodge safety notices and seek extensions.  \n- Diffuse costs: one‑off or unrepresented applicants face the heavier relative cost of learning and complying with prescribed forms and timelines — the rules mitigate this in places (registrar service to unrepresented parties for certain documents — Rules 8.09, 9.03).  \n- Substitution effects: mandatory forms and timelines may shift some informal resolution or negotiation out of court and into pre‑court stages (because the form‑based process clarifies issues early).  \n- Capture risks: the rules create decision points (registrar discretion, Court discretion to dispense with compliance, authority to omit sensitive info from extracts) that concentrate procedural control in court officers and magistrates; the text provides mechanisms to seek review of registrar decisions (Rule 11.01(4)).\n\n**Bottom line (what changes for everyday users)\n\n- The instrument standardises how family violence intervention order matters are lodged, processed and heard in the Magistrates' Court in Victoria. Applicants, police and lawyers must follow the prescribed forms and timelines and expect the Court to manage cases actively; certain protections (notably confidentiality for risk assessments) are built in, but many required particulars are to be filed and therefore may enter court records unless the Court orders otherwise (Rules 4.03, 15.01, 11.01)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available (limited) document content, there is no evidence of scope change from the original intent. The rules appear to remain focused on their original purpose of regulating court procedure for family violence protection matters in the Victorian Magistrates' Court. However, the document is too incomplete to make a definitive assessment."},"complexity_factors":["The document provided is severely incomplete — mostly metadata and version history labels rather than substantive rule content, making full analysis impossible","Procedural rules in family violence matters intersect with the Family Violence Protection Act 2008 (Vic), requiring cross-referencing to understand fully","Family violence proceedings involve emotionally complex circumstances with serious consequences for safety and legal rights","Court rules typically use precise technical language around filing, service, and procedure that can be difficult for laypeople to navigate","Complexity is moderated by the fact that these are administrative/procedural rules rather than substantive law creating new legal rights or obligations"],"plain_english_summary":"These rules govern the procedure in Victoria’s Magistrates’ Court for family violence matters, chiefly applications for intervention orders: how and when to file, serve documents, use court forms and conduct hearings. They affect victims seeking orders, respondents, their lawyers and court staff, and determine steps that can speed or delay protection and affect legal rights. Note: the source appears incomplete/corrupted, so this summary relies on the instrument’s title and context."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond simple procedural rules for family violence matters. While the core purpose remains governing family violence intervention order proceedings, the inclusion of Order 16 (Procedure under the Vexatious Proceedings Act 2014) significantly expands the scope. This Order adds complex procedures for managing litigants declared vexatious, including extended litigation restraint orders and acting in concert orders. This transforms the rules from purely family violence procedure into a hybrid instrument that also manages court resources and prevents abuse of process across related jurisdictions. The 2019 amendments further expanded the scope by updating the explanatory forms (Forms 1A and 1B) to include detailed educational content about family violence types and support services."},"complexity_factors":["Moderate length with 16 Orders and 14 prescribed forms","Cross-references to multiple Acts: Family Violence Protection Act 2008, Personal Safety Intervention Orders Act 2010, Magistrates' Court Act 1989, Vexatious Proceedings Act 2014, and Legal Profession Uniform Law","Conditional logic in application requirements (e.g., different information required depending on whether applicant is police officer, affected family member, or other person)","Nested exceptions for service requirements (e.g., different rules for children, unrepresented parties, and electronic service)","Dual procedural tracks: standard family violence proceedings vs. vexatious proceedings restrictions (Order 16)","Defined terms section with 5 key definitions, but many terms rely on definitions from other legislation","Uniformity provisions requiring alignment with Personal Safety Intervention Orders Rules, creating implicit dependencies"],"plain_english_summary":"These are the procedural rules that govern how family violence cases are handled in Victoria's Magistrates' Court. They set out the practical steps for applying for intervention orders (court orders that protect people from family violence), how documents must be filed and served, what happens at hearings, and how to appeal decisions.\n\n**Key things these rules cover:**\n\n*   **Who can apply:** The rules specify what information must be included when someone applies for a family violence intervention order, including details about the people involved, the relationship between them, and the nature of the violence alleged.\n*   **Police involvement:** They cover procedures for police-issued safety notices and applications to extend police directions or detention of a person before a court hearing.\n*   **Court documents:** Detailed requirements for affidavits (sworn written statements), subpoenas (orders requiring someone to attend court or produce documents), and expert reports.\n*   **Service of documents:** How court papers must be delivered to the other party, including what to do if someone can't be found or served.\n*   **Hearings:** Rules about how hearings are conducted, including that there are generally no opening or closing speeches, and what happens if a party doesn't show up.\n*   **Vexatious litigants:** A significant portion of the rules (Order 16) deals with people who have been declared 'vexatious' (habitually bringing hopeless legal cases) and the strict procedures they must follow to get permission to bring any further proceedings.\n*   **Forms:** The rules include 14 prescribed forms, such as subpoenas, applications for rehearings, notices of appeal, and information sheets explaining interim and final orders in plain English.\n\n**Why this matters:**\nThese rules ensure that family violence proceedings are handled consistently, fairly, and with appropriate protections for vulnerable parties. They balance the need for urgent protection with procedural fairness, and include special provisions to prevent abuse of the court system by repeat litigants while ensuring genuine cases can proceed."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-family-violence-protection-rules-2018","history":"/api/acts/magistrates-court-family-violence-protection-rules-2018/history","analysis":"/api/acts/magistrates-court-family-violence-protection-rules-2018/analysis","conflicts":"/api/acts/magistrates-court-family-violence-protection-rules-2018/conflicts","importantCases":"/api/acts/magistrates-court-family-violence-protection-rules-2018/important-cases","documents":"/api/acts/magistrates-court-family-violence-protection-rules-2018/documents"}}