2For provisions for setting a proceeding down for trial, see Rule 34A.26.

2 For provisions for setting a proceeding down for trial, see Rule 34A.26. Order 49—Trial 49.01 Order of evidence and addresses (1) The Court may give directions as to the order of evidence and addresses and generally as to the conduct of the trial. (2) Subject to any direction given under paragraph (1)— (a) where the burden of proof on any question lies on the plaintiff, the plaintiff shall begin; (b) where the burden of proof on all the questions lies on the defendant, the defendant shall begin. (3) Subject to any direction given under paragraph (1)— (a) where the only parties are one plaintiff and one defendant, and there is no counterclaim, the order of evidence and addresses shall be as provided by the following paragraphs of this Rule; and (b) in any other case, the order of evidence and addresses shall be as provided by those paragraphs with such modifications as the nature of the case requires. (4) The party who begins may make an address opening the party's case and may then adduce that party's evidence. (5) When, in the course of the case for the party who begins, no document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case— (a) the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party's evidence, the opposite may make a closing address and thereafter the party who began may make a closing address; (b) the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address. (6) When, in the course of the case for the party who begins, any document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case— (a) the opposite party adduces evidence, the order of proceedings shall be as provided by paragraph (5)(a); (b) the opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address. 49.02 Absence of party (1) If, when the trial of a proceeding is called on, any party is absent, the Court may— (a) order that the trial be not had unless the proceeding is again set down for trial, or unless such other steps are taken as the Court directs; (b) proceed with the trial generally or so far as concerns any claim for relief in the proceeding; or (c) adjourn the trial. (2) The Court may set aside or vary any judgment, order or verdict obtained where a party is absent at the trial. (3) An application under paragraph (2) shall be made within 14 days after the trial. 49.03 Adjournment of trial The Court may adjourn a trial on such terms as it thinks fit. 49.04 Death before judgment (1) Where a party to a proceeding dies after the verdict or finding on the questions of fact, the Court may give judgment notwithstanding the death. (2) Paragraph (1) does not affect the power of the Court under Rules 9.08 and 9.09. Order 50—References out of Court 50.01 Reference to special referee (1) In any proceeding the Court may, subject to any right to a trial with a jury, refer any question to a special referee for the referee to— (a) decide the question; or (b) give the referee's opinion with respect to it. (2) Where an order is made under paragraph (1), the Court— (a) shall state the question referred; (b) shall direct that the special referee make a report in writing to the Court on the question referred to the referee stating, with reasons, the referee's decision or opinion; (c) may direct that the special referee give such further information in the referee's report as it thinks fit. (3) The Court may upon application by a party or by the special referee set aside or vary an order made under this Rule. 50.02 Directions as to procedure Where an order is made under Rule 50.01, the Court may give directions for the conduct of the reference, and in particular may direct that— (a) the special referee have the same authority with respect to discovery of documents and interrogatories as the Court; (b) evidence be taken by the referee and the attendance of witnesses and the production of documents be compelled by subpoena. 50.03 Report on reference (1) The special referee may in the referee's report— (a) submit any question arising on the reference for the decision of the Court; or (b) make a statement of facts found by the referee from which the Court may draw such inferences as it thinks fit. (2) On the receipt of the special referee's report, the Court— (a) shall give notice thereof to the parties; and (b) may by order— (i) require the special referee to provide a further report explaining any matter mentioned or not mentioned in the report; (ii) remit the whole or any part of the question originally referred to the special referee for further consideration by that referee or any other special referee; (iii) vary the report. (3) An application by a party for an order under paragraph (2)(b) shall be made on not less than three days' notice to the other party or parties. 50.04 Use of report The Court may, as the interests of justice require, adopt the report of a special referee or decline to adopt the report in whole or in part, and make such order or give such judgment as it thinks fit. 50.05 Committal Nothing in this Order shall authorise any special referee to make an order of committal. 50.06 Remuneration of special referee (1) The Court may determine the remuneration of a special referee, and by what party or parties and in what proportion the remuneration is to be paid either in the first instance or finally. (2) The Court may order any party to give security for the remuneration of a special referee. (3) The Court may order that the proceeding be stayed until an order made under paragraph (2) is complied with. 50.07 Reference to mediator (1) The power and discretion of the Court as to mediation under section 47A of the Act shall be exercised subject to and in accordance with this Rule. (2) An order for reference to mediation may be made at any stage of a proceeding. (3) Except so far as the Court otherwise orders, an order for reference to mediation shall not operate as a stay of the proceeding. (4) Where a reference is made under paragraph (2) the mediator shall endeavour to assist the parties to reach a settlement of the proceeding or settlement of that part of the proceeding referred to the mediator. (5) The mediator may and shall if so ordered report to the Court whether the mediation is finished. (6) The mediator shall not make any report to the Court other than a report under paragraph (5). (7) Except as all the parties who attend the mediation in writing agree, no evidence shall be admitted of anything said or done by any person at the mediation. (8) The agreement may be made at the mediation or later. (9) The Court may determine the remuneration of the mediator, and by what party or parties and in what proportion the remuneration is to be paid either in the first instance or finally. (10) The Court may order any party to give security for the remuneration of the mediator. Rule 50.07(11) substituted by S.R. No. 158/2021 rule 13. (11) This Rule does not apply to the reference of a proceeding or any part of a proceeding to mediation by— (a) a judicial registrar under Rule 50.07.1; or (b) a Registrar under Rule 50.07.2. 50.07.1 Mediation by judicial registrar (1) Without limiting Rule 50.07(1), at any stage of a proceeding a judicial registrar may, with or without the consent of any party— (a) of the judicial registrar's own motion; or (b) on the reference of a Judge or an associate judge— order that the proceeding or any part of the proceeding be mediated by a judicial registrar. (2) If a judicial registrar undertakes a mediation, the judicial registrar may give any direction with respect to the conduct of the mediation that the judicial registrar thinks fit. (3) Except so far as the judicial registrar otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding. Rule 50.07.2 inserted by S.R. No. 158/2021 rule 14. 50.07.2 Mediation by Registrar (1) Without limiting Rule 50.07(1), at any stage of a proceeding the Court constituted by a Judge, an associate judge or a judicial registrar, with or without the consent of any party, may order that the proceeding or any part of the proceeding be referred to a Registrar for mediation. (2) A Registrar who undertakes a mediation may give any direction with respect to the conduct of the mediation as the Registrar thinks fit. (3) Except so far as the Court constituted by a Judge, an associate judge or a judicial registrar otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding. 50.08 Reference to arbitration (1) The power and discretion of the Court as to arbitration under section 47A of the Act shall be exercised subject to and in accordance with this Rule. (2) An order for reference to arbitration may be made at any stage of a proceeding. (3) The order shall specify either— (a) that the provisions of the **Commercial Arbitration Act 2011** shall apply, so far as practicable, to the arbitration; or (b) that the provisions of the International Arbitration Act 1974 of the Commonwealth shall apply, so far as practicable, to the arbitration— and the order shall have effect accordingly. (4) The Court may, subject to the provisions of the **Commercial Arbitration Act 2011** or the International Arbitration Act 1974 of the Commonwealth, as the case requires, by order made under paragraph (2) or at any time— (a) give such directions and make such orders for the conduct of the arbitration as the parties may agree or as they might have agreed had the arbitration been made pursuant to an arbitration agreement; (b) make such orders as to the remuneration of the arbitrator and the giving of security for such remuneration as it thinks fit. Order 51—Assessment of damages or value 51.01 Mode of assessment Subject to Rule 51.05, damages under any judgment or order for damages to be assessed shall, unless the Court otherwise orders, be assessed by the Court. 51.02 Notice to other party (1) The party against whom the damages are to be assessed may take part in the assessment. (2) The party for whom the damages are to be assessed shall, not less than 10 days before the assessment is due, serve notice of the day, time and place of the assessment on the other party to the assessment. (3) Notice under paragraph (2) may be served at the address for service, but, if there is no address for service, the notice shall be served personally, unless the Court otherwise orders. 51.03 Procedure on assessment The attendance of witnesses and production of documents may be compelled by subpoena in accordance with Order 42, and Order 49 applies, with any necessary modification, as if the assessment were a trial of the proceeding. 51.04 Order for damages Where damages are assessed by the Court, the Court shall by order state the amount at which they are assessed. 51.05 Default judgment against some defendants Where judgment for damages to be assessed is entered or given in default of appearance or pleading, and the proceeding is continued against other defendants, the damages shall be assessed at the trial, unless the Court otherwise orders. 51.06 Continuing cause of action Where damages are assessed, whether under this Order or otherwise, in respect of any continuing cause of action, they shall be assessed down to the time of assessment. 51.07 Value of goods This Order applies, with any necessary modification, to a judgment or order for the value of goods to be assessed, with or without damages to be assessed. Order 52—Accounts and inquiries 52.01 Account or inquiry at any stage (1) Except as provided in paragraph (3), the Court may at any stage of a proceeding make an order for— (a) the taking of any account; or (b) the making of any inquiry. (2) Where the Court makes an order for the taking of an account, it may order payment of any amount found to be due on taking the account. (3) The Court shall not order that an account be taken— (a) as against a defendant who has not filed an appearance unless the defendant is in default of appearance; or (b) if it appears that there is some preliminary question to be tried. (4) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as possible, each distinct account and inquiry is designated by a number. 52.02 Directions for account Where the Court makes an order for the taking of an account, the Court, by the same or later order— (a) may give directions concerning the manner of taking or verifying the account; and (b) without limiting paragraph (a), may direct that in taking the account the relevant books of account shall be evidence of the matters contained in them with liberty to the parties interested to take objections thereto. 52.03 Form and verification of account (1) The items on each side of an account shall be numbered consecutively. (2) Unless the Court otherwise orders, an accounting party shall verify that party's account by affidavit and the account shall be made an exhibit to the affidavit. 52.04 Filing and service of account An accounting party shall, unless the Court otherwise orders— (a) file that party's account and verifying affidavit; and (b) forthwith serve a copy of the account and affidavit on each other party. 52.05 Notice of charge, error in account (1) A party who seeks to charge an accounting party with an amount beyond what the accounting party by the accounting party's account admits receiving shall give to the accounting party notice of the charge, stating, so far as the party is able, the amount which that party seeks to charge, with brief particulars. (2) A party who alleges that any item in the account of an accounting party is erroneous in amount or otherwise shall give to the accounting party notice of the allegation, stating the grounds. 52.06 Allowances In taking an account under a judgment or order all just allowances shall be made. 52.07 Delay Where there is delay in the prosecution of any account, inquiry or other matter under a judgment or order, the Court may make orders for staying or expediting the proceeding or for the conduct of the proceeding as it thinks fit. 52.08 Fund distribution before all entitled ascertained Where some of the persons entitled to share in a fund are ascertained, and the ascertainment of the other persons so entitled may be delayed, the Court may by order allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to meet the subsequent costs of ascertaining those other persons. 52.09 Restrictive covenant (1) This Rule applies where on an application under section 84 of the **Property Law Act 1958** an order is made under subsection (3) of that section directing the plaintiff to make inquiries or give notice. (2) Whether the plaintiff has made inquiries and given notice in accordance with the order and what the results of the inquiries are shall be determined by a Judge, an associate judge or a judicial registrar after inquiry. (3) The Judge, associate judge or judicial registrar shall by order declare what the Judge, associate judge or judicial registrar has determined under paragraph (2) and the application shall not proceed until the order is made. Order 53—Summary proceeding for recovery of land 53.01 Application of Order (1) Subject to paragraph (2), this Order applies where the plaintiff claims the recovery of land which is occupied solely by a person or persons who entered into occupation or, having been a licensee or licensees, remained in occupation without the plaintiff's licence or consent or that of any predecessor in title of the plaintiff. (2) This Order does not apply where the land is occupied by a mortgagor or successor in title and the claim is made by the mortgagee or successor in title. 53.02 Originating process (1) The plaintiff may make the claim in a proceeding in accordance with this Order. (2) The proceeding shall be commenced by originating motion. (3) The originating motion shall be in Form 5E. 53.03 Who to be defendant (1) Each person in occupation of the land whose name the plaintiff knows shall be a defendant. (2) If the plaintiff does not know the name of any person in occupation the proceeding may be commenced without naming any person as defendant. 53.04 Affidavit in support At the time the proceeding is commenced an affidavit shall be filed stating— (a) the interest of the plaintiff in the land; (b) the circumstances in which the land has been occupied without licence or consent and in which the claim for recovery of the land arises; and (c) that the plaintiff does not know the name of any person occupying the land who is not a defendant. 53.05 Service (1) The originating motion and a copy of the affidavit and of any exhibit referred to therein shall be served— (a) on each defendant, if any; and (b) on any person occupying the land who is not a defendant. (2) Service on a defendant shall be personal. (3) Service on a person occupying the land who is not a defendant shall be effected— (a) by— (i) affixing a copy of the originating motion and a copy of the affidavit to some conspicuous part of the land; and (ii) if practicable, leaving in the letter box or other receptacle for mail on the land a copy of the originating motion and a copy of the affidavit enclosed in a sealed envelope addressed to "The Occupiers"; or (b) in such other manner as the Court directs. 53.06 Occupier made a party The Court may order that a person occupying the land who is not a defendant be made defendant or added as a defendant, as the case requires, and that the person file an appearance. 53.07 Judgment for possession (1) In a proceeding under this Order no judgment for possession shall be given except by a Judge. (2) The judgment shall be in Form 53A. 53.08 Warrant of possession (1) A warrant of possession to enforce a judgment for possession in a proceeding under this Order shall not be issued without the leave of a Judge where three months have elapsed since the judgment took effect. (2) An application for leave under paragraph (1) may be made without notice to any person, unless the Court otherwise orders. (3) A warrant of possession to enforce a judgment for possession in a proceeding under this Order shall be in Form 53B. Order 54—Administration of estates and execution of trusts 54.01 Definitions ***administration proceeding*** means a proceeding for the administration of an estate or the execution of a trust under the direction of the Court; ***estate*** means the estate of a deceased person. 54.02 Relief without general administration (1) A proceeding may be brought for any relief which could be granted in an administration proceeding and a claim need not be made for the administration or execution under the direction of the Court of the estate or trust in respect of which the relief is sought. (2) Without limiting paragraph (1), a proceeding may be brought for— (a) the determination of any question which could be determined in an administration proceeding, including any question— (i) arising in the administration of an estate or in the execution of a trust; (ii) as to the composition of any class of persons having a claim against an estate or a beneficial interest in an estate or in property subject to a trust; or (iii) as to the rights or interests of a person claiming to be a creditor of an estate or to be entitled under the will or on the intestacy of a deceased person or to be beneficially entitled under a trust; (b) an order directing an executor, administrator or trustee to— (i) furnish and, if necessary, verify accounts; (ii) pay funds of the estate or trust into court; or (iii) do or abstain from doing any act; (c) an order— (i) approving any sale, purchase, compromise or other transaction by an executor, administrator or trustee; or (ii) directing any act to be done in the administration of an estate or in the execution of a trust which the Court could order to be done if the estate or trust were being administered or executed under the direction of the Court. 54.03 Parties In an administration proceeding or a proceeding referred to in Rule 54.02— (a) all the executors of the will of the deceased or administrators of the estate or trustees of the trust, as the case may be, shall be parties; (b) where the proceeding is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff shall be made a defendant; (c) notwithstanding anything in Rule 9.03(1), and without limiting the powers of the Court under Order 9, all persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, need not be parties, and the plaintiff may make such of those persons parties as the plaintiff thinks fit; (d) where in the taking of an account of debts or liabilities under a judgment or order in the proceeding, a person not a party makes a claim— (i) a party other than the executors or administrators or trustees shall not be entitled to attend before the Court in relation to that claim except by leave of the Court; and (ii) the Court may direct or allow any party to attend before the Court either in addition to or in substitution for the executors, administrators or trustees. 54.04 Notice of proceeding and judgment (1) In an administration proceeding or a proceeding within Rule 54.02, notwithstanding anything in Rule 54.03, the Court may order that any person not a party be given notice of the proceeding and of any judgment in the proceeding. (2) On the application of a person given notice under paragraph (1), the Court may, in accordance with Rule 9.06(b), order that the person be added as a party. 54.05 Relief in proceeding by originating motion (1) In an administration proceeding or a proceeding within Rule 54.02 the Court may make any order and grant any relief to which the plaintiff is entitled by reason of any breach of trust, wilful default or other misconduct of the defendant notwithstanding that the proceeding was commenced by originating motion. (2) Paragraph (1) does not limit the power of the Court under Rule 4.07(1). 54.06 Judgment in administration proceeding (1) The Court need not give judgment or make an order for the administration of an estate or the execution of a trust under the direction of the Court unless the judgment or order is necessary for the determination of the questions arising between the parties. (2) Where an administration proceeding is brought by a creditor of the estate or by a person claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust, the Court may— (a) if it is alleged that no or no sufficient accounts have been furnished by the executors, administrators or trustees, order— (i) that the proceeding be stayed for a period specified in the order; and (ii) that the executors, administrators or trustees shall, within that period, furnish the plaintiff with proper accounts; (b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust— (i) give judgment or make an order for the administration of the estate or the execution of the trust under the direction of the Court; and (ii) order that no steps be taken under the judgment or order, or under any account or inquiry directed, without the leave of the Court. 54.07 Conduct of sale Where the Court makes an order for the sale of property comprised in an estate, or trust property, the executors or administrators, or the trustees, as the case requires, shall, unless the Court otherwise orders, have the conduct of the sale. Order 55—Sale of land by order of Court 55.01 Definition In this Order ***land*** includes any interest in or right over land. 55.02 Power to order sale In any proceeding relating to land, where it is necessary or expedient for the purposes of the proceeding, the Court at any stage of the proceeding— (a) may order that the whole or any part of the land be sold; and (b) may further order that any party in receipt of the rents or profits of the land or otherwise in possession of the land deliver possession to such person as the Court directs. 55.03 Notice of application (1) Except for special reason an order for the sale of land under Rule 55.02 shall not be made unless notice in writing has been given to every person interested in the land, whether or not a party. (2) An order for sale— (a) shall state whether notice has been given to every person interested in the land; and (b) if it has not, shall state what special reason exists for making the order notwithstanding. 55.04 Manner of sale (1) This Rule applies where the Court makes an order under Rule 55.02 that land be sold. (2) The Court may appoint a party or other person to have the conduct of the sale. (3) The Court may permit the person having the conduct of the sale to sell the land in such manner as that person thinks fit. (4) The Court may direct any party to join in the sale and conveyance or transfer or in any other matter relating to the sale. (5) The Court may direct any party to join in the sale and conveyance or transfer or in any other matter relating to the sale. (6) The Court may give further directions for the purpose of the sale including directions— (a) fixing the manner of sale, whether by contract conditional on approval of the Court, private treaty, public auction or tender or otherwise; (b) fixing a reserve or minimum price; (c) requiring payment of the purchase money into court or to a trustee or other person; (d) for settling the particulars and conditions of sale; (e) for obtaining evidence of value; or (f) fixing the remuneration to be allowed to any auctioneer, estate agent or other person. 55.05 Certifying result of sale (1) Where the Court has directed payment of the purchase money into court or the Court so orders, the result of a sale by order of the Court shall be certified— (a) in the case of a sale by public auction, by the auctioneer who conducted the sale; (b) in any other case, by the person having the conduct of the sale or that person's solicitor— and the Court may require that the certificate be verified by affidavit. (2) The person having the conduct of the sale shall file the certificate and affidavit. (3) Unless the Court otherwise orders, the certificate and affidavit shall be filed within 21 days after the sale. 55.06 Mortgage, exchange or partition This Order applies, with any necessary modification, to the mortgage, exchange or partition of any land under an order of the Court. Order 56 There is no Order 56. Order 57 There is no Order 57. Order 58—Appeals from inferior jurisdictions 58.01 Appeals from inferior courts Except where otherwise provided by any Act or by Rules— (a) an appeal from an inferior court of civil jurisdiction or from a tribunal from whose orders, decisions or determinations a right of appeal to the Court is conferred by any Act, shall be heard by a Judge; (b) the appeal shall be brought by summons and the summons shall state the grounds of the appeal, and whether all or part only of the judgment, order, decision or determination is complained of; (c) the summons shall be served on all parties directly affected by the appeal and on the Registrar or other proper officer of the court or tribunal from which the appeal is brought; (d) the summons shall be served within 21 days from the day the judgment, order, decision, or determination complained of was given or made; (e) the summons shall be served not less than 10 days before the day for hearing named in the summons, unless a Judge otherwise orders; (f) the appeal shall not operate as a stay of proceedings unless a Judge or the inferior court or tribunal so orders; (g) the Court may give leave to amend the grounds of appeal or make any other order to ensure the proper determination of the appeal. Order 59—Judgments and orders 59.01 General relief The Court may, at any stage of a proceeding, on the application of any party, give such judgment or make such order as the case requires notwithstanding that the judgment or order had not been sought in the originating process or other document of the party in the proceeding. 59.02 Date of effect (1) A judgment given or an order made by the Court shall bear the date of and shall take effect on and from the day it is given or made, unless the Court otherwise orders. (2) Any other judgment shall bear the date of and shall take effect on and from the day it is authenticated in accordance with Order 60A. 59.03 Time for compliance (1) Subject to paragraph (3), a judgment or order which requires a person to do an act shall provide, unless the Court otherwise orders, that the act be done within 14 days after service of a copy of the judgment or order on the person. (2) Where a judgment or order requires a person to do an act within a fixed time, the Court may, by order, fix another time. (3) Paragraph (1) does not apply to— (a) so much of a judgment as requires a person to pay money otherwise than into court; (b) a judgment for possession of land; or (c) a judgment for the delivery of goods. (4) Where a judgment or order requires a person to do an act but does not fix a time within which the person is required to do the act, the Court may, by order, fix a time. (5) Where the Court fixes a time under paragraph (4), the Court, by subsequent order, may fix another time. 59.04 Statement of reasons for judgment Where the Court gives any judgment or makes any order the reasons for which have been reduced to writing, it shall be sufficient to state the result orally without reasons, but the written reasons shall then and there be published by delivery to the Associate or, where an associate judge or a judicial registrar gives the judgment or makes the order, to the associate to the associate judge or judicial registrar. 59.05 Notice of judgment to non-party (1) This Rule applies where the Court gives judgment or makes an order for— (a) the administration of the estate of a deceased person; (b) the execution of a trust; or (c) the sale of property. (2) Where the judgment or order— (a) affects the rights of any person not a party; or (b) directs the taking of an account or the making of an inquiry— the Court may by the judgment or order, or by subsequent order, direct that notice of the judgment be served on any person interested. (3) The Court may direct that notice under paragraph (2) be served personally or in some other manner, and, where it appears that service is impracticable, may dispense with service. (4) A notice of judgment served under paragraph (2) shall be endorsed in accordance with Form 59A. (5) Where under this Rule notice of a judgment is served on a person, or the Court dispenses with service of notice of judgment on a person— (a) subject to paragraph (3), that person shall be bound by the judgment to the same extent as if the person were a party at the time the judgment or order was given or made, except where the judgment or order has been obtained by fraud or non-disclosure of material facts; (b) that person may, after filing an appearance, attend on the taking of the account or the making of the inquiry under the judgment or order. (6) The Court may set aside or vary the judgment or order on the application of any person referred to in paragraph (2). (7) An application under paragraph (6) shall be made by summons, which shall be filed— (a) if notice of the judgment or order has been served on the applicant, within 28 days after service; (b) if the Court has dispensed with service of notice, within 28 days after the day the order dispensing with service was made. 59.06 Consent judgment or order by filing (1) If all parties to a proceeding are agreed upon the terms in which a judgment should be given, or an order made, in the proceeding, a judgment or order in those terms may be sought in accordance with this Rule. (2) A party may file with the Registrar— (a) a form of judgment or order, set out in accordance with the Rules, which states the terms of the judgment or order sought, and is expressed as being by consent; and (b) a copy of the form of judgment or order signed by the solicitor on the record for each party. (3) The Registrar shall, if satisfied that the judgment or order sought is one proper to be made under this Rule, seal the form of judgment or order with the seal of the Court. (4) A judgment or an order in the terms of the form filed in the Court is authenticated when the Registrar seals the form with the seal of the Court. (5) A judgment or an order so authenticated shall be taken to be a judgment given or an order made by the Court on the day the form of judgment or order and the signed copy of the form were filed with the Registrar. (6) The judgment or order— (a) shall state that it is given or made under this Rule; and (b) shall show at the date it was given or made the day on which the form of judgment or order and the signed copy of the form were filed with the Registrar. (7) This Rule applies only— (a) where a claim is made for the recovery of a debt, damages or any property, and judgment is sought for any of the following— (i) the payment of a debt, where the amount of the debt is agreed; (ii) the payment of damages, or the value of goods, where the amount of the damages or the value is agreed; (iii) the payment of damages to be assessed, or the value of goods to be assessed; (iv) the possession of land; (v) the delivery of goods; (vi) the delivery of goods or their value to be assessed; (b) to an order sought for any of the following— (i) the dismissal of a proceeding; (ii) the dismissal of an application in a proceeding; (iii) that a party be at liberty to discontinue or withdraw any part of a proceeding, or to discontinue a counterclaim or withdraw any part of it; (iv) the stay of a proceeding, either conditionally or upon terms; (v) to set aside or vary any judgment or order to which Rule 21.07, 24.06 or 46.08 applies; (vi) that a person cease to be a party; (vii) for or with respect to costs including the giving of security for costs; (viii) to stay execution of a judgment or order, either conditionally or upon terms. (8) This Rule does not apply to any judgment or order in a proceeding— (a) in which any party has no solicitor in the proceeding or is a person under disability; (b) to which Chapter II of the Rules of the County Court applies. 59.07 Consent to judgment or order by parties not in attendance (1) Where parties to a proceeding are agreed upon the terms in which a judgment should be given, or an order made, in the proceeding, the Court may, if satisfied that the parties who are to be bound consent, give judgment or make an order in those terms without requiring the attendance of the parties. (2) As evidence of the consent of a party not in attendance, the Court may accept a document or a facsimile copy of the document signed by the solicitor on the record for that party. (3) Any document accepted under paragraph (2) shall be placed on the Court file. (4) Notwithstanding paragraph (1), the Court may require a party to attend upon the giving of a judgment or the making of an order in the proceeding. Order 60 There is no Order 60. Order 60A—Authentication of judgments and orders 60A.01 Definition In Rules 60A.07 and 60A.10, ***party*** includes any person having a sufficient interest. 60A.02 How judgment or order authenticated (1) A judgment or an order other than a judgment or order under Rule 59.06 is authenticated when a form of the judgment or order, drawn up and lodged with the Registrar in accordance with Rule 60A.07— (a) is— (i) signed by a Judge, an associate judge or a judicial registrar; or (ii) sealed by the Registrar with the seal of the Court; and (b) is filed. (2) A judgment or an order under Rule 59.06 is authenticated as provided in that Rule. 60A.03 * * * * * 60A.04 Judge, associate judge, judicial registrar or Registrar to authenticate judgment given or order (1) Where a judgment given or an order other than a judgment or order under Rule 59.06 is to be authenticated, it shall be authenticated— (a) in accordance with Rule 60A.02(1)(a)(i) and the form of the order shall be signed by the Judge, associate judge or judicial registrar who gave the judgment or made the order; or (b) by the Registrar in accordance with Rule 60A.02(1)(a)(ii). (2) Where that Judge, associate judge or judicial registrar is unable for sufficient cause to sign the judgment or order, it may be signed by another Judge, associate judge or judicial registrar, as the case requires. (3) The Court may direct that a judgment given or an order be authenticated by the Registrar in accordance with Rule 60A.02(1)(a)(ii). 60A.05 Registrar to authenticate judgment entered or order of the Registrar (1) Where a party is entitled to enter judgment, a judgment is entered for the party when a judgment is authenticated by the Registrar in accordance with Rule 60A.02(1)(a)(ii). (2) Where an order made by the Registrar is to be authenticated, the order shall be authenticated by the Registrar in accordance with Rule 60A.02(1)(a)(ii). 60A.06 Form of judgment or order The forms of judgments and orders in Forms 60A to 60L shall, where appropriate, be used. 60A.07 Drawing up and lodging of judgment or order (1) The form of a judgment or an order shall be drawn up by the party requiring it to be authenticated. (2) In the case of a judgment given or an order, the party shall lodge three copies of the form of judgment or order with the Registrar. (3) In the case of a judgment entered, the party shall lodge with the Registrar a form of the judgment to be sealed by the Registrar with the seal of the Court. 60A.08 Recitals in judgments and orders (1) A judgment or an order shall not include by way of recital any matter not provided for in paragraph (2). (2) A judgment or an order shall by way of recital specify— (a) the originating or other process upon which the judgment or order was obtained; (b) whether any party who was entitled to attend on the hearing of the application to which the judgment or order relates did or did not attend and, if the party did, whether in person or by counsel or solicitor; (c) any finding by the Court of fact essential to ground jurisdiction; (d) the terms of any undertaking given by a party; (e) such other matters as the Court may direct. (3) Where the Court so orders or any party so requires, a judgment or an order shall by way of annexure identify the evidence before the Court. 60A.09 Drawing up of judgment or order by Registrar Where a judgment has been given or an order made, and no party has drawn up and lodged with the Registrar a form of the judgment or order for authentication, the Registrar may and, where the Court so directs, the Registrar shall draw up a form of the judgment or order and seal it with the seal of the Court. 60A.10 Copy of judgment or order The Registrar, on the request of a party, shall seal a reasonable number of copies of a judgment or order. Order 61—Judgment debt instalment orders 61.01 Definitions (1) In this Order, unless the context or subject matter otherwise requires— ***judgment*** includes a judgment or an order for the payment of money into Court; ***the Act*** means the **Judgment Debt Recovery Act 1984**. (2) In this Order, unless the context or subject matter otherwise requires, references to an order that a judgment debt be paid by instalments include references to an order that any part of the judgment debt be so paid. (3) The Registrar shall be the proper officer of the Court for the purpose of the Act. 61.02 Application under section 6 or 8 (1) An application to the Registrar under section 6 of the Act for— (a) an order that a judgment debt be paid by instalments shall be in Form 61A; (b) an order in substitution for an order made under section 5 of the Act shall be in Form 61B. (2) An application to the Court under section 8 of the Act for the variation or cancellation of an order that a judgment debt be paid by instalments shall be in Form 61C. (3) Where an application is made under section 6 or section 8 of the Act by a judgment debtor, the judgment debtor shall— (a) where the judgment debtor is— (i) a natural person, file an affidavit of the judgment debtor's financial situation which gives the information required by Form 72C; (ii) a corporation, file an affidavit of its financial situation; and (b) serve a copy of the affidavit on the judgment creditor at the time of service of the application. (3.1) Where an application is made under section 6 of the Act by a judgment creditor the judgment creditor shall— (a) file an affidavit stating the facts on which the application is based; and (b) serve a copy of the affidavit on the judgment debtor. (4) A copy of the affidavit in support of an application made under section 8 of the Act by a judgment creditor shall be served on the judgment debtor at the time of service of a copy of the application. (5) An order under section 6 or 8 of the Act shall be in Form 61D. (6) A notice by the Registrar under section 6(4) of the Act shall be in Form 61E. (7) A notice of objection by a judgment creditor or judgment debtor under section 6(5) of the Act— (a) shall be in Form 61F; and (b) shall be filed within 14 days after the judgment creditor or judgment debtor receives notice from the Registrar under section 6(4) of the Act. (8) Where a notice of objection under section 6(5) of the Act is filed, the Registrar shall set the matter down for hearing before a Judge, an associate judge or a judicial registrar. (9) A notice by the Registrar under section 6(6) of the Act shall be in Form 61G. (10) A notice by the Court under section 6(7) of the Act shall be in Form 61H. 61.03 Instalment agreement under section 7 (1) An instalment agreement entered into between a judgment creditor and a judgment debtor under section 7(1) of the Act— (a) shall be in Form 61J; and (b) shall be filed with the Registrar. (2) Each party shall execute the agreement in the presence of a witness who shall by the witness' signature attest that execution. (3) An affidavit or affidavits verifying compliance with paragraph (2) shall be filed with the Registrar. (4) An order under section 7(3) of the Act for the payment of a judgment debt by instalments shall be in Form 61K. (5) A notice by the Registrar under section 7(4) of the Act shall be in Form 61L. 61.04 Summons for oral examination of judgment debtor (1) A summons under section 14(1) or section 17(1) of the Act requiring a judgment debtor to attend before the Court to be orally examined shall be in Form 61M. (2) Where the judgment debtor is a corporation the summons may require an officer of the corporation to attend to be orally examined. (3) An application to the Registrar for the issue of a summons under section 17(1) of the Act shall be supported by affidavit evidence of— (a) the making of the instalment order; and (b) default in payment of any instalment under that order. (4) A warrant under section 14(2) or section 17(2) of the Act for the apprehension of a judgment debtor shall be in Form 61N. (5) An application to the Court for the issue of a warrant for the apprehension of a judgment debtor shall be supported by affidavit evidence of— (a) the making of an application for the making or variation or cancellation of an instalment order; (b) the service of notice of any application of the kind referred to in paragraph (5)(a), where service is necessary; (c) the service of the summons requiring the judgment debtor to attend before the Court and, where necessary, of the judgment or a copy; (d) the failure of the judgment debtor to attend as required by that summons; and (e) the usual or last known place of residence or business of the judgment debtor or, where the judgment debtor is a corporation, its last known registered office. (6) A notice under section 14(6) or 17(5) of the Act shall be in Form 61P. 61.05 Notice of instalment order confirmed, varied or cancelled A notice under section 18(2) of the Act shall be in Form 61Q. 61.06 Order for imprisonment An order for imprisonment made under section 19(1) of the Act shall specify the instalments in the payment of which default has been made. 61.07 Certificate of payment (1) An application to the Registrar for a certificate of payment under section 19(3) of the Act shall be supported by affidavit evidence of— (a) the making of an order for imprisonment; and (b) the payment of the instalments specified in that order. (2) A certificate of payment issued under section 19(3) of the Act shall be in Form 61R. 61.08 Notices Where under the Act the Court or the proper officer of the Court is required to cause the judgment debtor or judgment creditor to be notified of any matter, the notification may be effected by the Court or the proper officer of the Court causing notice in writing of the matter to be— (a) served personally on the judgment debtor or judgment creditor; (b) left at the usual or last known place of residence or of business of the judgment debtor or judgment creditor with a person apparently over the age of sixteen years and apparently residing there or, in the case of a place of business, apparently in charge of or employed at that place; or (c) sent by pre-paid post addressed to the judgment debtor or the judgment creditor at the address for service or the usual or last known place of residence or of business of the judgment debtor or judgment creditor, as the case requires; or (d) sent to the person by emailing the notification to the person's email address for service. Order 62—Security for costs 62.01 Definitions ***defendant*** includes any person against whom a claim is made in a proceeding; ***plaintiff*** includes any person who makes a claim in a proceeding. 62.02 When security for costs may be ordered (a) the plaintiff is ordinarily resident out of Victoria; (b) the plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues, not for the plaintiff's own benefit, but for the benefit of some other person, and there is reason to believe that the plaintiff has insufficient assets in Victoria to pay the costs of the defendant if ordered to do so; (c) a proceeding by the plaintiff in another court for the same claim is pending; (d) subject to paragraph (2), the address of the plaintiff is not stated or is not stated correctly in the plaintiff's originating process; (e) the plaintiff has changed the plaintiff's address after the commencement of the proceeding in order to avoid the consequences of the proceeding; (f) under any Act the Court may require security for costs— the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against that defendant be stayed until the security is given. (2) The Court shall not require a plaintiff to give security by reason only of paragraph (1)(d) if in failing to state the plaintiff's address or to state the plaintiff's correct address the plaintiff acted innocently and without intention to deceive. 62.03 Manner of giving security Where an order is made requiring the plaintiff to give security for costs, security shall be given in the manner and at the time the Court directs. 62.04 Failure to give security Where a plaintiff fails to give the security required by an order, the Court may dismiss the plaintiff's claim. 62.05 Variation or setting aside The Court may set aside or vary any order requiring a plaintiff to give security for costs. Order 63 There is no Order 63. Order 63A—Costs Part 1—Preliminary 63A.01 Definitions and application (1) In this Order unless the context or subject matter otherwise requires— ***bill*** means bill of costs, account, or statement of charges; ***costs*** includes disbursements and reasonable costs of recording and transcript; ***order*** includes judgment; ***party*** includes— (a) a person not a party to a proceeding by or to whom costs in respect of the proceeding are payable by or under any Act or these Rules or any order of the Court; (b) in the case of a proceeding in another court or before a tribunal or an arbitration, a person whether or not a party to that proceeding or arbitration by or to whom costs in respect of the proceeding or arbitration are payable where by or under any Act or these Rules or any order of the Court the costs are to be taxed in the Costs Court; ***taxation*** or ***taxation of costs*** means the assessment, settling, taxation or review of costs; ***taxed costs*** means costs taxed in accordance with this Order; ***trustee*** includes an executor of a will and an administrator of the estate of a deceased person. (2) In this Order, unless the context or subject matter otherwise requires— (a) references to the Costs Court, a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Supreme Court conducting a taxation of costs under this Order or the Supreme Court Rules; (b) references to a fund, being a fund out of which costs are to be paid, or being a fund held by a trustee, include references to any property held for the benefit of any person or class of persons (including the assets of a company in liquidation), or held on trust for any purpose; (c) references to a fund held by a trustee include references to any property to which the person is entitled as trustee, whether alone or together with any other person and whether the property is for the time being in the possession of the trustee or not. (3) This Order applies— (a) to costs payable or to be taxed under these Rules or under any order of the Court; and (b) to costs to be taxed under any Act. (4) This Order applies subject to the powers of the Supreme Court and the Costs Court in relation to costs under Division 2 of Part 6 of the **Supreme Court Act 1986**. (5) For the purposes of this Order, a reference in Appendix A of Chapter I of the Rules of the Supreme Court to the Supreme Court is taken to be a reference to the County Court. 63A.02 General powers of Court The power and discretion of the Court as to costs shall be exercised subject to and in accordance with this Order. 63A.03 Time for costs order and payment (1) The Court may in any proceeding exercise its power and discretion as to costs at any stage of the proceeding or after the conclusion of the proceeding. (2) Costs which a party is required to pay under any of these Rules or an order of the Court shall, unless the Court otherwise orders, be paid forthwith. (2.1) Costs which a party is required to pay under an order of the Costs Court shall, unless the Costs Court otherwise orders, be paid forthwith. (3) Where the Court makes an interlocutory order for costs, the Court may then or thereafter order that if the party liable to pay the costs fails to do so— (a) if that party is the plaintiff, the proceeding shall be stayed or dismissed; (b) if that party is a defendant, the party's defence shall be struck out. (4) In paragraph (3)— ***defendant*** includes any person against whom a claim is made in a proceeding; ***plaintiff*** includes any person who makes a claim in a proceeding. 63A.04 Costs of question or part of proceeding (1) The Court may make an order for costs in relation to a particular question in or a particular part of a proceeding. (2) Where the Court makes an order under paragraph (1), the Court shall by order fix the proportion of the total costs of the proceeding which is attributable to the particular question in or the particular part of the proceeding. 63A.05 Costs to be taxed by Costs Court Unless the Court otherwise orders, costs to be taxed in accordance with this Order shall be taxed in the Costs Court. 63A.06 * * * * * 63A.07 Taxed or other costs provision (1) Subject to this Order, where by or under these Rules or any order of the Court costs are to be paid to a party, that party shall be entitled to taxed costs. (2) Where the Court orders that costs be paid to a party, the Court may then or thereafter order that as to the whole or any part of the costs specified in the order, instead of taxed costs, that party shall be entitled to— (a) a portion specified in the order of taxed costs; (b) taxed costs from or up to a stage of the proceeding specified in the order; (c) a gross sum specified in the order instead of taxed costs; (d) a sum in respect of costs to be determined in such manner as the Court directs. Rule 63A.07(3) inserted by S.R. No. 135/2024 rule 9. (3) Unless the Court otherwise orders, the Costs Court may order a gross sum in lieu of taxed costs— (a) on application by any party; or (b) on its own motion. 63A.08 Default judgment Rule 63A.08(1) amended by S.R. No. 135/2024 rule 10. (1) Where judgment is entered for costs under Rule 21.03(2), unless the Court otherwise orders, the costs shall not be taxed but shall be fixed by the Registrar in accordance with the Supreme Court costs scale. (2) Where costs are fixed under paragraph (1), the party by whom or the party to whom the costs are payable may appeal to the Costs Court, in accordance with the Rules of the Supreme Court, in respect of the amount so fixed on the ground that the Registrar did not fix the proper amount. 63A.09 Costs in other court or tribunal Where proceedings in another court or before a tribunal are remitted or transferred to or removed into the Court or an appeal to the Court is brought from another court or a tribunal, and the Court makes an order as to the costs of proceedings in that court or before that tribunal, the Court may— (a) specify the amount of the costs to be allowed; (b) order that the costs be taxed in the Costs Court; or (c) order that the amount of the costs be determined in the court or tribunal in such manner it directs. 63A.10 No order for taxation required (a) the Court gives judgment, or makes an order, for costs; (b) a proceeding is dismissed with costs; (c) an application in a proceeding is refused with costs; (d) a party is otherwise liable under these Rules to pay the costs of another party; (e) a party may tax costs under any of these Rules; (f) parties have agreed in writing that costs payable by one party to another may be taxed, and the agreement is filed— the costs may be taxed in the Costs Court without an order for taxation. 63A.11 Enforcement of order of Costs Court (1) If costs are taxed otherwise than under a judgment or order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as a judgment for the payment of money. (2) Paragraph (1) applies to an interim order for payment of any item in a bill of costs. 63A.12 Costs in account Where the Court orders that an account be taken and the amount consists in part of costs, the Court may, then or thereafter, direct that those costs be fixed, or be taxed in accordance with this Order. Part 2—Entitlement to costs 63A.13 Order for payment Subject to these Rules, a party to a proceeding shall not be entitled to recover any costs of the proceeding from any other party except by order of the Court. 63A.14 Extension or abridgment of time Where a party applies for an extension or abridgment of any time fixed by these Rules or by any order fixing, extending or abridging time, that party shall, unless the Court otherwise orders, pay the costs of and occasioned by the application. 63A.15 Discontinuance or withdrawal Unless the Court otherwise orders, a party who discontinues or withdraws part of a proceeding, counterclaim or claim by third party notice shall pay the costs of the party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal. 63A.16 Offer of compromise Where an offer of compromise is served and the offer has not been accepted at the time of verdict or judgment, liability for costs shall be determined in accordance with Rule 26.08. 63A.16.1 Failure to make discovery or answer interrogations A party on whom a notice is served in accordance with Rule 29.12.1 or 30.09.1 shall pay the costs of the notice unless the Court otherwise orders. 63A.16.2 Proceeding or counterclaim dismissed (1) A proceeding that is or stands dismissed by or under an order of the Court or these Rules shall, unless the Court otherwise orders, be taken to be a proceeding that is dismissed with costs. (2) Paragraph (1) shall, with any necessary modification, apply to a counterclaim and to a claim by third party notice as if the counterclaim or third party claim were a proceeding. 63A.17 Amendment Where a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders. 63A.18 Non-admission of fact or document Where a party serves a notice— (a) under Rule 35.03(2) disputing a fact, and afterwards that fact is proved in the proceeding; (b) under Rule 35.05(2) disputing the authenticity of a document, and afterwards the authenticity of that document is proved in the proceeding— that party shall pay the costs of proof, unless the Court otherwise orders. 63A.19 Interlocutory injunction Where the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction. 63A.20 Interlocutory application Where an interlocutory or other application is made in a proceeding and— (a) no order is made on the application; or (b) the order made is silent as to costs— the costs are the parties' costs in the proceeding, unless the Court otherwise orders. 63A.20.1 Taxation of costs on interlocutory application or hearing If an order for costs is made on an interlocutory application or hearing, the party in whose favour the order is made shall not tax those costs until the proceeding in which the order is made is completed, unless the Court orders that the costs may be taxed immediately. 63A.21 Inquiry as to ownership of property The costs of an inquiry to ascertain the person entitled to any legacy, money, share or other property shall be paid out of the property, unless the Court otherwise orders. 63A.21.1 Costs in proceedings before Registrar or Costs Court Where in any proceeding before the Registrar or the Costs Court— (a) any party is guilty of neglect or delay; or (b) puts any other party to unnecessary or improper expense relative to the proceeding— the Registrar or the Costs Court may direct that party to pay any costs that the Registrar or the Costs Court, as the case requires, thinks proper. 63A.22 Costs reserved Where by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the proceeding, unless the Court otherwise orders. 63A.23 Costs liability of lawyer (1) Where a solicitor for a party, whether personally or through a servant or agent, has caused costs to be incurred improperly or without reasonable cause or to be wasted by a failure to act with reasonable competence and expedition, the Court may make an order that— (a) all or any of the costs between the solicitor and the client be disallowed or that the solicitor repay to the client the whole or part of any money paid on account of costs; (b) the solicitor pay to the solicitor's client all or any of the costs which the client has been ordered to pay to any party; (c) the solicitor pay all or any of the costs payable by any party other than the client. (2) Without limiting paragraph (1), a solicitor is in default for the purpose of that paragraph where any application in or trial of a proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, by reason of the failure of the solicitor to— (a) attend in person or by a proper representative; (b) file any document which ought to have been filed; (c) lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; (d) be prepared with any proper evidence or account; or (e) otherwise proceed. (3) The Court shall not make an order under paragraph (1) without giving the solicitor a reasonable opportunity to be heard. (4) The Court may, before making an order under paragraph (1), refer the matter to the Costs Court for inquiry and report. (6) The Court may order that notice of any proceeding or order against a solicitor under this Rule be given to the client in such manner as the Court directs. (7) This Rule shall, with any necessary modification, apply to a barrister as it applies to a solicitor. 63A.24 Money claim in wrong court (1) Where in a proceeding for debt or damages the plaintiff recovers by judgment or otherwise an amount (exclusive of costs) not exceeding one‑half of the amount of the jurisdictional limit of the Magistrates' Court in a civil proceeding (at the time the proceeding commenced), the plaintiff shall, unless the Court otherwise orders, be entitled only to the costs to which the plaintiff would have been entitled if the plaintiff had brought the proceeding in the Magistrates' Court less an amount equal to the additional costs properly incurred by the defendant by reason of the proceeding having been brought in the County Court instead of the Magistrates' Court, but shall not be required to pay to the defendant any amount by which the additional costs exceed the costs payable to the plaintiff. (2) For the purpose of paragraph (1), the amount which a plaintiff recovers by judgment or otherwise shall include any amount which under section 66(1) of the **Workers Compensation Act 1958** as amended by the **Workers Compensation (Actions) Act 1981** and in force for the time being or pursuant to section 79(3) of the **Workers Compensation Act 1958** as in force immediately before the commencement of the **Workers Compensation (Actions) Act 1981** is deducted from the amount for which the plaintiff would, but for the deduction, be entitled to judgment. (3) Paragraph (1) does not apply where a claim of the defendant against the plaintiff for the recovery of a debt or damages is set off against the claim of the plaintiff under Rule 13.14 and the amount for which the plaintiff would, but for the set-off and any deduction of the kind referred to in paragraph (2), be entitled to judgment exceeds one-half of the amount of the jurisdictional limit of the Magistrates' Court in a civil proceeding. 63A.25 Other claim in wrong court Rule 63A.24 shall apply, with any necessary modification— (a) where the plaintiff recovers judgment other than for a debt or damages; and (b) any amount in dispute in the proceeding or the value of any property to which the judgment relates does not exceed one-half of the amount or value to which the jurisdiction of the Magistrates' Court in a civil proceeding (at the time the proceeding commenced). 63A.26 Trustee or mortgagee A party who sues or is sued as trustee or mortgagee shall, unless the Court otherwise orders, be entitled to the costs of the proceeding out of the fund held by the trustee or out of the mortgaged property in so far as the costs are not paid by any other person. Part 3—Costs of party in a proceeding 63A.27 Application This Part applies to costs in a proceeding which by or under any Act or these Rules or any order of the Court are to be paid to a party to the proceeding either by another party or out of a fund. 63A.28 Bases of taxation Subject to this Part, costs in a proceeding which are to be taxed shall be taxed on— (a) a standard basis; (b) an indemnity basis; or (c) such other basis as the Court may direct. 63A.29 * * * * * 63A.30 Standard basis On a taxation on a standard basis, all costs reasonably incurred and of reasonable amount shall be allowed. 63A.30.1 Indemnity basis (1) Subject to paragraph (2), on a taxation on an indemnity basis all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred. (2) Any doubt which the Costs Court may have as to whether the costs were unreasonably incurred or were unreasonable in amount shall be resolved in favour of the party to whom the costs are payable. 63A.31 Usual basis of taxation Except as provided by these Rules or any order of the Court, including the Costs Court, costs shall be taxed on the standard basis. 63A.32 * * * * * 63A.33 * * * * * Rule 63A.34 inserted by S.R. No. 135/2024 rule 11. 63A.34 Costs allowable (1) Subject to paragraph (3) and Rules 63A.24 and 63A.25, on taxation, the costs to be paid to a party to whom costs are payable in a proceeding are to be taxed in accordance with the Supreme Court costs scale, unless the Court, or in the absence of a determination of the Court, the Costs Court, otherwise orders. (2) Paragraph (1) applies whether the basis of taxation is the standard basis or the indemnity basis or any other basis that may have been directed. (3) The Court, or in the absence of a determination of the Court, the Costs Court, on special grounds arising out of the nature and importance or the difficulty or urgency of the case, may allow an increase, not exceeding 30 per cent, of the maximums set out in Sections 1 and 4 of the Supreme Court costs scale with respect to— (a) the proceeding generally; or (b) any application, step or other matter in the proceeding. Rule 63A.34A (Heading) substituted by S.R. No. 135/2024 rule 12(1). 63A.34A Costs incurred in other Court before remittal or transfer to County Court Rule 63A.34A(1) revoked by S.R. No. 135/2024 rule 12(2). (2) Subject to the provisions of any Act for the time being in force in actions which have been remitted or transferred to the County Court from some other Court, the costs incurred in such other Court before such remission or transfer shall be taxed according to the scale of costs and fees in use in such other Court at the time such costs were incurred, unless the Court or Judge otherwise orders. Rule 63A.34A(3) revoked by S.R. No. 135/2024 rule 12(3). Part 3A—Costs for pro bono representation 63A.35.1 Definitions for this Part (1) In this Part, unless the context otherwise requires— ***assisted party*** means a party receiving legal assistance provided by a legal practitioner on a pro bono basis; ***legal assistance*** means any legal services provided in connection with a proceeding in the Court; ***pro bono costs order*** means an order made under Rule 63A.35.2(1). (2) For the purposes of this Part, a legal practitioner provides legal assistance on a ***pro bono basis*** when the legal practitioner provides legal assistance on the basis that— (a) the legal practitioner is to receive no professional fees from or on behalf of the person to or for whom the legal assistance is provided; (b) the legal practitioner is to receive such professional fees only to the extent that an order for costs covering such professional fees is made in favour of the assisted party; or (c) the legal practitioner is to receive such professional fees only to the extent that payment is made in satisfaction or part satisfaction of such an order for costs. 63A.35.2 Orders for legal costs (1) If a legal practitioner provides legal assistance to an assisted party in a proceeding on a pro bono basis, the Court may make, in favour of the assisted party, any order for the recovery of the costs of the legal assistance that the Court might have made had the legal assistance been provided not on a pro bono basis but on the basis that the assisted party was under an obligation to pay for the legal assistance in the ordinary way. (2) When making a pro bono costs order, the Court may order that a party or other person against whom the pro bono costs order is made pay the costs, including any disbursements incurred by the legal practitioner acting on a pro bono basis, directly to the legal practitioner instead of to the assisted party. (3) A payment made to a legal practitioner acting on a pro bono basis pursuant to an order made under paragraph (2) satisfies the pro bono costs order in favour of the assisted party to the extent of that payment. 63A.35.3 Taxation or assessment and recovery of legal costs On the taxation or assessment of costs payable to or in favour of an assisted party, the Costs Court shall not disallow an item merely because— (a) the assisted party is, by reason of being an assisted party, under no obligation to pay, in whole or in part, for the service to which the item relates; or (b) in the case of a disbursement (whether for counsel's fees or otherwise) the amount of the disbursement has not been paid prior to the taxation or assessment. There is no Part 4. 63A.36 * * * * * Part 5—Procedure on taxation 63A.37 Application (1) This Part applies to— (a) the costs of any proceeding in the Court, including— (i) * * * * * (ii) in the case of an appeal to the Court from another court or from a tribunal, the costs of proceedings in that court or before that tribunal; (iii) in the case of a proceeding in another court or before a tribunal which is remitted or transferred to or removed into the Court, the costs of the whole proceeding, both before and after the remission, transfer or removal, which by or under these Rules or an order of the Court are to be paid to any party by another party or out of a fund; (b) the costs of an arbitration which by or under any Act are to be taxed in the Court or the Costs Court. (2) Subject to Part 6, this Part applies to the taxation of costs payable to a solicitor by the solicitor's client. 63A.38 Application to the Costs Court for taxation An application to the Costs Court for costs to be taxed shall be made in accordance with the Supreme Court Rules. Note to rule 63A.38 inserted by S.R. No. 135/2024 rule 13. Rule 63.42 of Chapter I of the Rules of the Supreme Court provides for the content of a bill of costs. 63A.39–63A.43 * * * * * 63A.44 Charge of legal practitioner for work done out of Victoria Where a bill includes a charge for work done out of Victoria by a legal practitioner— (a) so far as is practicable, the charge shall, if allowed, be allowed in an amount appropriate to the place where the work was done; and (b) except where the work was done by a legal practitioner who is a member of, or employed by, the same legal practice, the charge shall be shown as a disbursement. 63A.45–63A.47 * * * * * Rule 63A.48 revoked by S.R. No. 135/2024 rule 14. 63A.49 * * * * * 63A.50 * * * * * 63A.51 Reference to Judge In the exercise of its jurisdiction, the Costs Court may refer to a Judge for directions any question arising on a taxation. 63A.51–63A.57 * * * * * Part 6—Costs of solicitor 63A.58 Application This Part applies— (a) where costs are payable to a solicitor by the solicitor's client in respect of a proceeding in the Court, and by or under any Act or these Rules or any order of the Court or any agreement between the solicitor and the client the costs are required or permitted to be taxed in the Court; (b) where any person not the client of a solicitor is liable to pay or, having been so liable, has paid costs which are or were chargeable by the solicitor to the client, in respect of a proceeding in the Court, and by or under any Act or these Rules or any order of the Court or any agreement between that person and the client the costs are required or permitted to be taxed in the Court. 63A.59 Basis of taxation of costs payable by client Subject to Rule 63A.60, costs payable to a solicitor by the solicitor's client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between the solicitor and the client, be taxed on the standard basis in accordance with Rule 63A.30. 63A.60 Taxation between solicitor and client (1) Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to a solicitor against a client if— (a) the costs were incurred with the authority of or the amount was authorised by the client; and (b) before the costs were incurred the solicitor expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party. (2) An authority for the purpose of this Rule may be express or implied. (3) Where the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client. 63A.61 Basis of taxation of costs payable otherwise than by client Costs payable to a solicitor by a person other than the client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis in accordance with Rule 63A.30. 63A.62 * * * * * 63A.63 Procedure on taxation Subject to these Rules and to any Act or order of the Court, costs under this Part shall be taxed as provided by the Supreme Court Rules. Rule 63A.64 revoked by S.R. No. 135/2024 rule 15. 63A.65 Reference for taxation (1) This Rule applies where the Court by order, whether or not made by or under any Act, refers a bill of costs to the Costs Court for taxation or directs that a bill of costs be taxed. (2) The taxation shall be brought before the Costs Court on application by summons in accordance with the Supreme Court Rules. 63A.66 * * * * * 63A.67 * * * * * Order 63A Pt 7 (Heading and rules 63A.72, 63A.82) revoked by S.R. No. 135/2024 rule 16. Part 8—Transitional provisions 63A.83 Transitional provision For the avoidance of doubt, this Order applies to all things done or required to be done or omitted to be done on or after 19 November 2018 in, or in relation to, any proceeding in the Court, including the Costs Court (including all work and all amendments, applications and orders), regardless of the date of commencement of the proceeding. See also section 30 of the **Interpretation of Legislation Act 1984**. Order 64 There is no Order 64. Order 64A—Appeals to the Court of Appeal 64A.01 Definitions ***Judge*** means the Judge from whose decision or order an appeal is made; ***the Supreme Court Rules*** means Chapter I of the Rules of the Supreme Court. 64A.02 Application Order 64 of the Supreme Court Rules and this Order apply to appeals from a Judge of the County Court under section 74 of the Act. 64A.03 Application for leave to appeal (1) * * * * * (2) Within the time fixed by or under Order 64 of the Supreme Court Rules for the filing of the application for leave to appeal the appellant shall, in addition to complying with Order 64, deliver a copy of the application to the Judge. 64A.04 Statements of evidence etc. to be submitted to trial judge Any rulings, charge to the jury or reasons for judgment proposed to be included in the appeal book— (a) shall be submitted to the Judge for revision; and (b) shall be initialled by the Judge as revised before inclusion in the appeal book. 64A.05 Judge's notes Any party to an appeal may, by leave of the Judge on application in Form 64AB, obtain a copy of the Judge's notes taken at the hearing. Order 65 There is no Order 65. Order 66—Enforcement of judgments and orders 66.01 Definitions ***judgment for the payment of money into court*** includes a judgment for the payment of money to the Registrar; ***person bound*** means a person against whom a judgment is entered or given or an order is made. 66.02 Payment of money (1) A judgment for the payment of money not within paragraph (2) may be enforced by one or more of the following means— (a) warrant of seizure and sale; (b) attachment of debts under Order 71; (c) attachment of earnings under Order 72; (d) charging order under Order 73; (e) appointment of a receiver under Order 74; and (f) where Rule 66.05 applies, and subject to Rule 66.10— (2) A judgment for the payment of money into court may be enforced by one or more of the following means— (a) appointment of a receiver; and (3) Paragraphs (1) and (2) do not affect any other means of enforcement of a judgment for the payment of money. (4) The Court may authorise or direct the Registrar or a party to enforce a judgment for the payment of money into court by one or more of the means referred to in paragraph (1). 66.03 Possession of land A judgment for possession of land may be enforced by one or more of the following means— (a) warrant of possession; and 66.04 Delivery of goods (1) A judgment for the delivery of goods and a judgment for the delivery of goods or the payment of their assessed value may be enforced by one or more of the following means— (a) warrant of delivery; and (2) The warrant of delivery shall, as the judgment requires, be for— (a) the delivery of the goods; or (b) the delivery of the goods or recovery of their assessed value. (3) A warrant of delivery may include provision for enforcing the payment of money required to be paid by the judgment and money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth. (4) A judgment for the payment of the assessed value of goods may be enforced by the same means as any other judgment for the payment of money except a judgment for the payment of money into court. 66.05 Doing or abstaining from doing any act (a) a judgment requires a person to do an act and the act is to be done within a time fixed in the judgment or by subsequent order, and the person refuses or neglects to do the act within that time; (b) a judgment requires a person to abstain from doing an act, and the person disobeys the judgment. (2) Where this Rule applies, a judgment may, subject to Rule 66.10, be enforced by one or more of the following means— (a) committal of the person bound; (b) sequestration of the property of the person bound; and (c) where the person bound is a corporation, without limiting paragraph (2)(b)— (i) committal of any officer of the corporation; and (ii) sequestration of the property of any officer of the corporation. (3) Paragraph (2) has effect subject to the **Imprisonment of Fraudulent Debtors Act 1958**. 66.06 Attendance of natural person (1) This Rule applies where the Court by subpoena or otherwise makes an order in any proceeding for the attendance of a natural person— (a) for the purpose of giving evidence; (b) for the production of any document or thing; (c) to answer a charge of contempt; or (d) for any other purpose— and after service of the order the person defaults in attendance in accordance with the order. (2) In the circumstances referred to in paragraph (1) the Court may— (a) make an order for the issue of a warrant to such person as the Court may appoint for the arrest of the person in default and for that person's production before the Court or before an examiner or other person for the purpose of the proceeding and for that person's detention in custody in the meantime; and (b) order the person in default to pay any costs and expenses occasioned by the default. 66.07 Attendance of corporation (a) the Court by subpoena or otherwise makes an order in any proceeding for the production by a corporation of any document or thing; and (b) after service of the order the corporation defaults in producing the document or thing in accordance with the order. (2) In the circumstances referred to in paragraph (1) the Court may— (a) make an order for the issue of a warrant to such person as the Court may appoint for the arrest of any officer of the corporation and for that person's production before the Court or before an examiner or other person for the purpose of the proceeding and for that person's detention in custody in the meantime; and (b) order the corporation to pay any costs and expenses occasioned by the default. 66.08 Attendance before another court etc. Rules 66.06 and 66.07 apply, with any necessary modification where by or under any Act the Court has authority to compel by subpoena the attendance of a person for the purpose of giving evidence or producing any document or thing for evidence in any court or before any person having by law or by consent of parties authority to hear, receive and examine evidence. 66.09 Contempt Nothing in Rules 66.06 and 66.07 affects the power of the Court to punish for contempt. 66.10 Service before committal or sequestration (1) A judgment shall not be enforced by committal or sequestration unless— (a) a copy of the judgment is served personally on the person bound; and (b) if the judgment requires the person bound to do an act within a fixed time, the copy of the judgment is so served a reasonable time before that time expires. (2) Where the person bound is a corporation, the judgment shall not be enforced by committal of an officer of the corporation or by sequestration of the property of an officer of the corporation unless, in addition to service under paragraph (1) on the corporation— (a) a copy of the judgment is served personally on the officer; and (b) if the judgment requires the corporation to do an act within a fixed time, the copy of the judgment is so served a reasonable time before that time expires. (3) A copy of a judgment served under this Rule shall be indorsed with a notice, naming the person served, that the person served is liable to imprisonment or to sequestration of property if— (a) where the judgment requires the person bound to do an act within a fixed time, the person bound refuses or neglects to do the act within that time; or (b) where the judgment requires the person bound to abstain from doing an act, the person disobeys the judgment. (4) Where a judgment requires the person bound to do an act and an order is made under Rule 59.03 fixing a time within which the act is to be done, a copy of the judgment, indorsed as required by paragraph (3)(a), and a copy of the order shall be served on that person a reasonable time before the expiry of that time. (5) A judgment requiring a person to do an act within a fixed time or a judgment requiring a person to abstain from doing an act may be enforced under Rule 66.05 notwithstanding that service has not been effected under this Rule if the person against whom the judgment is to be enforced has notice of the judgment— (a) by being present when the judgment was given; or (b) by being notified of the terms of the judgment whether by telephone, telegram or otherwise. (6) The Court may dispense with service under this Rule. 66.11 Substituted performance (1) Where a judgment requires the person bound to do an act and the person bound does not do the act, the Court may— (a) direct that the act be done by a person appointed by the Court; and (b) order the person bound to pay any costs and expenses occasioned by the default. (2) Paragraph (1) does not affect— (a) the power of the Court under section 49B of the Act or section 60 of the **Trustee Act** **1958**; (b) the power of the Court to punish for contempt. 66.12 Enforcement by or against non-party (1) A person not being a party who obtains a judgment or in whose favour a judgment is made may enforce the judgment by the same means as if that person were a party. (2) Where obedience to a judgment may be enforced against a person not a party, the judgment may be enforced against the person by the same means as if the person were a party. (3) Where obedience to a judgment may be enforced against a corporation not a party, an officer of the corporation shall be liable to the same processes of enforcement as if the corporation were a party. 66.13 Non-performance of condition A person entitled to a judgment subject to the fulfilment of a condition who fails to fulfil the condition shall be taken to have abandoned the benefit of the judgment and, unless the Court otherwise orders, any other person interested may take any steps which are warranted by the judgment or which might have been taken if the judgment or order had not been given or made. 66.14 Matters occurring after judgment The Court may stay execution of a judgment, or make such order as the nature of the case requires, on the ground of matters occurring after judgment. 66.15 Order in aid of enforcement (1) The Court may make such order as it thinks fit in aid of the enforcement of a warrant of execution and for that purpose may make an order that any person, whether or not a party— (a) attend before the Court to be examined; (b) do or abstain from doing any act. (2) An application for an order under paragraph (1) may be made by the sheriff or other person to whom a warrant of execution is directed. 66.16 Stay of execution The Court may stay execution of a judgment. Order 67—Discovery in aid of enforcement 67.01 Definitions ***the material questions*** are— (a) whether any and, if so, what debts are owing to the person bound; (b) whether the person bound has any and, if so, what other property or means of satisfying the judgment; and (c) any questions concerning or in aid of the enforcement or satisfaction of the judgment specified in the order for examination or production. 67.02 Order for examination or production (1) The Court or Registrar may, on application by a person entitled to enforce a judgment, order a person bound by the judgment to— (a) attend before the Court or Registrar and be orally examined on the material questions; and (b) produce any document or thing in the possession, custody or power of the person bound relating to the material questions. (2) Where the Court makes an order under paragraph (1), it may order that the person attend to be examined before or produce the document or thing to an associate judge, a judicial registrar or a Registrar. 67.03 Corporation Where the person bound is a corporation, the Court or Registrar may make an order that— (a) an officer or a former officer of the corporation attend before the Court or Registrar and be orally examined on the material questions; and (b) an officer of the corporation produce any document or thing in the possession, custody or power of the corporation relating to the material questions. 67.04 Procedure (1) An application for an order under Rule 67.02 or 67.03 may be made without notice to the person bound by the judgment. (2) An order under Rule 67.02 or 67.03 shall be served personally on the person bound and on any other person ordered to attend or to produce any document or thing. 67.05 Conduct money Rule 42.06(1) applies in relation to the service of an order under Rule 67.02 or 67.03 as it does in relation to the service of a subpoena. 67.06 Record of examination The Judge, associate judge, judicial registrar or Registrar before whom an examination is conducted under Rule 67.02 or 67.03 shall take down, or cause to be taken down, in writing the statement made by the person examined at the examination. Order 68—Warrants of execution generally 68.01 Definitions ***warrant of execution*** means a warrant of seizure and sale, a warrant of possession and a warrant of delivery. 68.02 Leave to issue warrant (1) Notwithstanding Order 66, a warrant of execution to enforce a judgment shall not be issued without the leave of the Court in the following cases— (a) where six years have elapsed since the judgment took effect; (b) where any change has taken place, whether by assignment or death or otherwise, in the identity of the persons entitled or liable to execution under the judgment; (c) where the judgment is against the assets of a deceased person coming to the hands of the deceased's executor or administrator after the date of the judgment, and it is sought to issue execution against assets of that description; (d) where under the judgment a person is entitled to enforce it subject to the fulfilment of a condition; (e) where the warrant is against property in the hands of a receiver appointed by the Court or a sequestrator; (f) where the judgment is for a sum in a currency not Australian dollars. (2) Paragraph (1) does not affect any provision of or under any Act requiring the leave of the Court before a judgment may be enforced. (3) An application for leave under paragraph (1) may be made without notice to any person, unless the Court otherwise orders. (4) The application shall be supported by evidence on affidavit showing— (a) where the judgment is for the payment of money, the amount, including any interest, due on the date of the application; (b) where paragraph (1)(a) applies, the reasons for the delay; (c) where paragraph (1)(b) applies, the change which has taken place; (d) where paragraph (1)(b), (1)(c) or (1)(d) applies, that a demand to satisfy the judgment has been made on the person liable to satisfy it and that the person has not satisfied it; (e) that the applicant is entitled to proceed to execution on the judgment; and (f) that the person against whom execution is sought is liable to execution on the judgment. Rule 68.03 amended by S.R. No. 90/2022 rule 9. 68.03 Separate execution for costs A person entitled to enforce a judgment entered or given with costs may have execution to enforce the judgment and, when the costs become payable, have execution separately to enforce payment of the costs. 68.04 Issue of warrant of execution (1) A warrant of execution is issued when the warrant is sealed with the seal of the Court. (2) A warrant of execution shall bear the date of its issue. (3) A warrant of execution shall not be issued unless the person requesting it to be issued— (a) produces to the Registrar a form of the warrant; (b) files a copy; (c) where the warrant is to enforce a judgment for the payment of money, files an affidavit, sworn within 14 days before the request, stating— (i) the date of the judgment; (ii) the amount for which the judgment was entered or given; (iii) the amount, including any interest accrued and any costs, due and payable in respect of the judgment at the date of swearing of the affidavit with particulars showing how that amount is calculated or made up; and (iv) the daily amount of interest, if any, which, subject to any future payment under the judgment, will accrue after the date of swearing of the affidavit in respect of the judgment amount and costs. (3A) For the purposes of section 52(2) of the **Transfer of Land Act 1958**, if the person requesting the issue of a warrant of seizure and sale satisfies the Registrar, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant. See Rule 69.04(3) as to sale of land under a warrant of seizure and sale. (4) In the case of a warrant of execution to enforce a judgment for the payment of money, the person to whom the warrant is directed shall, when executing the warrant, serve a copy of the affidavit required under paragraph (3)(c) and of any affidavit filed under Rule 15.03 of Chapter II on the person against whom the warrant is executed or leave it at the place where the warrant is executed. 68.05 Duration (1) A warrant of execution shall be valid for the purpose of execution for one year after the day it is issued. (2) Notwithstanding paragraph (1), the Court may from time to time by order extend the period of the validity of the warrant for the purpose of execution for not more than one year at any one time from the day on which it would otherwise expire. (3) An order under paragraph (2) shall not be made after the day of expiry of the warrant. (4) An application for an order under paragraph (2) may be made without notice to any person. (5) A copy of an order under paragraph (2) shall be delivered to the sheriff by the party obtaining the order. (6) The priority of a warrant of execution in respect of which an order under paragraph (2) has been made shall be determined by reference to the date on which the warrant was originally delivered to the sheriff. 68.06 Costs of prior execution The amount for which a warrant of execution may be issued shall, unless the Court otherwise orders, include— (a) the costs, fees and expenses incurred in respect of any prior warrant of execution on the same judgment, whether the prior warrant was or was not productive; and (b) money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth. 68.07 Provision for enforcing payment of money Order 69 applies, with any necessary modification, to a warrant of execution which includes a provision for enforcing the payment of money required to be paid by the judgment which is to be enforced by the warrant. 68.08 Form of warrant of execution A warrant of execution shall be in Form 53B, 68A, 68B or 68C, whichever is appropriate. Order 69—Warrant of seizure and sale 69.01 Definitions ***creditor*** means a person for whom a warrant is issued; ***debtor*** means a person against whose property a warrant is to be executed; ***warrant*** means a warrant of seizure and sale. 69.02 * * * * * 69.03 Two or more warrants Unless the Court otherwise orders, a warrant shall not be issued while another warrant issued in respect of the same judgment is in force except for the purpose of Rule 68.03. 69.04 Order of sale (1) Subject to paragraphs (2) and (3), where it appears to the sheriff that property subject to levy under a warrant is more than sufficient to satisfy the amount to be levied, the sheriff shall take or sell so much of the property as appears to the sheriff to be sufficient. (2) Subject to paragraph (3), the sheriff shall take or sell property— (a) in such order as seems to the sheriff best for the prompt execution of the warrant without undue expense; (b) subject to paragraph (2)(a), in such order as the debtor directs; and (c) subject to paragraph (2)(a) and (b), in such order as seems to the sheriff best for minimising hardship to the debtor and other persons. (3) Land shall not be put up for sale under the warrant until all other property liable to sale under the warrant has been sold unless the debtor so requests. (4) The Court may order that property subject to levy under the warrant be taken or sold otherwise than in accordance with the preceding paragraphs. 69.05 Time, place and mode of sale (1) The sheriff shall put up for sale all property liable to sale under a warrant— (a) as early as may be having regard to the interests of the parties; and (b) at the place which seems to the sheriff best for a beneficial sale of the property. (2) In the case of property, other than land, which is liable to sale under a warrant, the sheriff may as the sheriff thinks fit sell the property either by a private contract or public auction. (3) Rule 69.06 does not apply to a sale by private contract made in accordance with paragraph (2). 69.06 Advertisement of sale (1) Before putting property up for sale under a warrant the sheriff shall advertise the sale by giving notice of the time and place of sale and of particulars of the property in the manner which seems to the sheriff best to give publicity to the sale. (2) The sheriff shall not advertise the sale of any land until the creditor has satisfied the sheriff by such means as the sheriff may reasonably require that— (a) in the case of land under the operation of the **Transfer of Land Act 1958**, a copy of the warrant has been served on the Registrar of Titles and that a memorandum of that service has been recorded in the Register kept under that Act; (b) in the case of other land, a copy of the warrant has been left with the Registrar-General. (3) An advertisement relating to the intended sale of land by the sheriff shall be in Form 69A and include— (a) a concise description of the land, including its location, stated in terms calculated to enable interested persons to identify it; (b) a statement in general terms of the improvements, if any, believed by the sheriff to be on the land; (c) a statement of the last known address of the debtor; and (d) in the case of land under the operation of the **Transfer of Land Act 1958**, a statement of the interest, if any, of the debtor according to the Register kept under that Act and of the recordings in that Register which affect or may affect the land as at the date of service upon the Registrar of Titles of the warrant. (4) The creditor shall serve personally on the debtor a copy of the advertisement not less than 14 days before the date of the intended sale. (5) The Court may dispense with service under paragraph (4). (6) Not less than three days or such lesser period as the sheriff may allow before the date advertised for the sale the creditor shall— (a) file an affidavit of service of a copy of the advertisement or, where the Court makes an order for substituted service of the advertisement, an affidavit showing due compliance with the order; (b) deliver to the sheriff— (i) where a copy of the advertisement is served on the debtor, a copy of the affidavit of service; (ii) where the Court makes an order dispensing with service of a copy of the advertisement, a copy of the order; (iii) where the Court makes an order for substituted service of the advertisement, a copy of the order and of the affidavit showing due compliance. 69.07 Notional possession of goods Notwithstanding that the sheriff leaves land on which goods have been seized under a warrant, the sheriff shall be taken to remain in possession of the goods if the sheriff leaves in a prominent position on or about the land on which the goods were seized or upon the goods seized a notice of the seizure listing the items seized. Order 70—Warrant of possession 70.01 Payment of money A warrant of possession to enforce a judgment for the possession of land may include provision for enforcing the payment of money required to be paid by the judgment and money recoverable under the Service and Execution of Process Act 1992 of the Commonwealth. 70.02 Removal of goods on warrant of possession On the execution of a warrant of possession the sheriff need not remove any of the goods found on the land. Order 71—Attachment of debts 71.01 Definitions and application (1) In this Order, unless the context or subject matter otherwise requires— ***co-operative*** has the same meaning as it has in the Co-operatives National Law (Victoria); ***garnishee*** means a person from whom a judgment creditor claims— (a) that a debt is due or accruing to the judgment debtor on the day an order for the filing and service of a garnishee summons is made; or (b) that a debt will or is likely to become due or accrue to the judgment debtor between the day an order for the filing and service of a garnishee summons is made and the day for hearing named in the summons; ***judgment*** includes an order; ***judgment creditor*** means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into court; ***judgment debtor*** means a person required by a judgment to pay money otherwise than into court. (2) This Order does not apply to debts being earnings within the meaning of Order 72 due or accruing to the judgment debtor. 71.02 What debts attachable A debt may be attached under this Order if the debt— (a) is due or accruing to the judgment debtor from the garnishee on the day an order for the filing and service of a garnishee summons is made; or (b) becomes due or accrues to the judgment debtor from the garnishee between the day an order for the filing and service of a garnishee summons is made and the day for hearing named in the summons. 71.03 Bank account (1) An amount standing to the credit of a judgment debtor in an account in a bank or a co-operative shall, for the purpose of this Order, be a debt due or accruing to the judgment debtor, notwithstanding that any of the following conditions applicable to the account has not been satisfied— (a) that a demand or notice is required before money is withdrawn; (b) that a personal application must be made before money is withdrawn; (c) that a deposit book must be produced before money is withdrawn; (d) that a receipt for money deposited in the account must be produced before money is withdrawn. ***Bank*** is defined in Rule 1.13(1). (2) Paragraph (1) applies, with any necessary modification, to an amount which is placed to the credit of a judgment debtor in an account in a bank or a co-operative between the day an order for the filing and service of a garnishee summons is made and the day for hearing named in the summons. 71.04 Filing and service of garnishee summons (1) Subject to any Act, the Court may, on the application of a judgment creditor, order that a garnishee summons be filed and served on the garnishee. (2) A judgment creditor may apply for an order under paragraph (1) without notice to any person. (3) In making an order under paragraph (1), the Court shall fix an amount to be specified in the garnishee summons for the purpose of Rule 71.06 having regard to— (a) the amount due under the judgment on the date of the order and any money then recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth; and (b) the amount of interest accrued and accruing on the judgment debt; and (c) the costs of the garnishee proceedings. (4) Where an order is made under paragraph (1) in respect of a debt not yet due or accruing to the judgment debtor from the garnishee, the day for hearing named in the summons shall be not more than 30 days after the date of the order. 71.05 Evidence on application for garnishee summons (1) An order shall not be made under Rule 71.04 unless it is shown by affidavit— (a) that the judgment is unsatisfied, either wholly or to a stated extent; and (b) that, as the case requires— (i) a debt is due or accruing to the judgment debtor from the garnishee; or (ii) a debt will or is likely to become due or accrue to the judgment debtor from the garnishee. (2) Where an application is made for an order under Rule 71.04 in respect of a debt within paragraph (1)(b)(ii) of this Rule, the affidavit shall— (a) give particulars identifying the transaction between the judgment debtor and the garnishee under which the debt will or is likely to become due or accrue; and (b) state the date or likely date it will become due or accrue. (3) An affidavit under this Rule may contain statements of fact based on information and belief if the grounds are set out. 71.06 Garnishee summons (1) A garnishee summons shall identify each debt in respect of which it is filed and as the case requires— (a) state— (i) where the debt is due or accruing to the judgment debtor from the garnishee, that upon service of the summons the debt shall be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons; (ii) where the debt is not yet due or accruing to the judgment debtor from the garnishee, that in the event that the debt becomes due or accrues before the day for hearing named in the summons the debt shall be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons when it becomes due or accrues; and (b) state that on the day for hearing named in the summons the judgment creditor will apply for an order that the garnishee pay to the judgment creditor the debt attached to the extent of the amount specified in the summons. (2) A garnishee summons shall be in Form 71A. 71.07 Service of summons (1) Subject to paragraph (2), the judgment creditor shall, not less than seven days before the day for hearing named in the garnishee summons, serve the summons and a copy of each affidavit used on the application for an order under Rule 71.04 on the garnishee personally and on the judgment debtor. (2) A garnishee summons shall not be served on a garnishee out of Victoria. 71.08 What debts attached, when and to what extent (1) A debt due or accruing to the judgment debtor from the garnishee in respect of which an order for the filing and service of a garnishee summons is made shall, upon service of the summons on the garnishee, be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons. (2) A debt not yet due or accruing to the judgment debtor from the garnishee in respect of which an order for the filing and service of a garnishee summons is made shall, in the event that the debt becomes due or accrues before the day for hearing named in the summons, be attached and bound in the hands of the garnishee to the extent of the amount specified in the summons when it becomes due or accrues. (3) Notwithstanding paragraphs (1) and (2), where, after service of a garnishee summons on the garnishee, the garnishee acts with reasonable diligence for the purpose of giving effect to the attachment but nevertheless pays to the judgment debtor the whole or any part of the debt attached or otherwise deals with the debt attached so as to satisfy, as between the garnishee and the judgment debtor, the whole or any part of the debt attached, the Court may order that for the purpose of the garnishee application the debt attached be reduced to the extent of the payment or satisfaction. 71.09 Payment to judgment creditor (1) Subject to Rules 71.10 and 71.11, the Court may on the hearing of a garnishee summons order the garnishee to pay to the judgment creditor— (a) the debt attached to the extent specified in the garnishee summons; or (b) so much of the debt attached to the extent so specified as is required to satisfy the judgment in respect of which the summons is filed and served together with interest, any money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth and such costs of the application as may be specified in the order. (2) Where on the hearing of a garnishee summons the garnishee does not dispute the debt, or where the garnishee does not attend on the hearing, the Court may make an order under paragraph (1) upon the evidence in support of the application under Rule 71.04 for an order that the garnishee summons be filed and served on the garnishee. (3) An order under paragraph (1) may be enforced in the same manner as any other order for the payment of money. (4) An order under paragraph (1) shall be in Form 71B or 71C as the case requires. 71.10 Dispute of liability by garnishee If on the hearing of the garnishee summons the garnishee disputes liability to pay the debt attached, the Court may— (a) determine the question of liability; or (b) give directions for the trial of the question. 71.11 Claim by other person Where it appears to the Court that any person other than the judgment debtor may be entitled to the debt attached or to a charge or lien upon it, the Court may order that notice of the application be given to that person and then determine the entitlement or give directions for its determination. 71.12 Discharge of garnishee Any payment made by a garnishee in compliance with, and any execution levied against a garnishee under, an order made under Rule 71.09 shall be a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid or levied notwithstanding that subsequently— (a) the garnishee proceedings are set aside; or (b) the judgment from which they arose is reversed or varied. 71.13 Money in court (1) Subject to Rule 15.09, where money is standing to the credit of the judgment debtor in court, the Court may, on the application of the judgment creditor made by summons, order that the money or so much of the money as is sufficient to satisfy the judgment sought to be enforced together with interest accrued on the judgment debt and the costs of the application be paid to the judgment creditor. (2) The summons and a copy of any affidavit in support shall be served on the judgment debtor not less than seven days before the day for hearing named in the summons. 71.14 Costs The costs of the judgment creditor of a garnishee application under this Order shall, unless the Court otherwise orders, be retained by the judgment creditor out of the money recovered by the judgment creditor from the garnishee in priority to the debt under the judgment in respect of which the application arose and interest accrued thereon and any money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth. Order 72—Attachment of earnings 72.01 Definitions ***attachment of earnings order*** means an order under Rule 72.03 or such an order as varied from time to time; ***earnings*** in relation to a judgment debtor means any amounts payable to the judgment debtor— (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or (b) by way of pension, including— (i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and (ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment— but does not include any pension payable to the judgment debtor under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth; ***employer*** in relation to a judgment debtor means a person (including the Crown in right of the State of Victoria, a Minister of the Crown in right of the State of Victoria, and any statutory authority representing the Crown in right of the State of Victoria) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the judgment debtor; ***judgment*** includes an order; ***judgment creditor*** means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into court; ***judgment debtor*** means a person required by a judgment to pay money otherwise than into court; ***net earnings*** in relation to a pay day means the amount of the earnings becoming payable by a particular employer on that pay day after making all proper deductions under income tax legislation of the Commonwealth; ***normal deduction*** in relation to an attachment of earnings order and in relation to a pay day means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay day and either the last preceding pay day or, where there is no last preceding pay day, the date on which the employer became, or last became, the judgment debtor's employer; ***pay day*** means an occasion on which earnings to which the attachment of earnings order relates become payable; ***protected earnings*** in relation to an attachment of earnings order and in relation to a pay day means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay day and either— (a) the last preceding pay day; or (b) where there is no last preceding payday, the date on which the employer became, or last became, the judgment debtor's employer. 72.02 Application for attachment of earnings order (1) A judgment creditor may apply by summons to the Court for an attachment of earnings order. (2) The summons shall be supported by an affidavit, which may contain statements of fact based on information and belief if the grounds are set out. (3) The summons shall be in Form 72A and the affidavit shall be in Form 72B. (4) The summons, a copy of the affidavit and a notice in Form 72C as to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor shall be served on the judgment debtor not less than 14 days before the day for hearing named in the summons. (5) The Court shall not make an attachment of earnings order to secure the payment of money payable under a judgment where a warrant has been issued in that case committing the judgment debtor to prison under the **Imprisonment of Fraudulent Debtors Act 1958** and has not been executed, but in such case the Court may discharge the warrant with a view to making an attachment of earnings order instead. 72.03 Making of order Where the Court is satisfied that the judgment debtor is a person to whom earnings are payable or are likely to become payable and— (a) that at the time when the application was made there was due and unpaid in respect of the judgment which the judgment creditor is entitled to enforce an amount of not less than $20; or (b) that the judgment debtor has persistently failed to comply with an order with respect to the judgment— the Court may order a person who appears to the Court to be the judgment debtor's employer in respect of those earnings or part of those earnings to make out of those earnings or that part of those earnings payments in accordance with Rule 72.07. 72.04 Attendance of or information about judgment debtor (1) In relation to an attachment of earnings order or any application for such an order the Court may order that— (a) the judgment debtor attend before the Court at a time specified in the order to be examined concerning the judgment debtor's means and ability to comply with the judgment; (b) the judgment debtor state to the Court or furnish to the Court within the time fixed by the Court a statement signed by the judgment debtor setting forth— (i) the name and address of the judgment debtor's employer or, if the judgment debtor has more employers than one, of each of the judgment debtor's employers; (ii) particulars as to the judgment debtor's earnings; (iii) such other particulars as the Court thinks necessary to enable the enforcement of the order; or (c) any person who appears to the Court to be indebted to the judgment debtor or to be the employer of the judgment debtor give to the Court a statement signed by that person or on that person's behalf containing such particulars as are specified in the direction of that person's indebtedness to the judgment debtor that became payable by that person during a specified period. (2) A document purporting to be a statement referred to in paragraph (1) shall be received in evidence in any proceedings for the enforcement of the order. (3) Where on an application for an attachment of earnings order the Court is satisfied— (a) that the judgment debtor has been served with a copy of the summons; (b) that the judgment debtor has had a reasonable opportunity of attending the hearing; (c) that the judgment debtor is employed by an ascertained employer; and (d) as to the earnings of the judgment debtor— the Court may make an attachment of earnings order in the absence of the judgment debtor. (4) For the purpose of this Rule the Court may act upon evidence by or on behalf of the judgment debtor's employer or by the judgment debtor's spouse or any statement or information furnished under paragraph (1). (5) Where the Court considers an application in the absence of the judgment debtor or the judgment debtor's spouse and the Court has before it sufficient evidence in the opinion of the Court upon which to specify a protected earnings rate and a normal deduction rate, the Court shall so specify those rates, but where the Court does not have sufficient evidence, the Court may without specifying such rates make an order requiring the payment by the judgment debtor's employer to the judgment creditor of such amount as the Court thinks reasonable having regard to the circumstances of the judgment debtor so far as they are known to the Court. (6) Nothing in paragraph (1)(a) shall affect any other mode of enforcing the attendance of the judgment debtor before the Court. (7) An application for an order under paragraph (1)— (a) shall be made by summons in Form 72D; and (b) shall be supported by an affidavit in Form 72E. (8) An order under paragraph (1) shall be in Form 72F or 72G, whichever is appropriate. 72.05 Contents of order (1) An attachment of earnings order shall specify either generally or in relation to any particular pay day or pay days the normal deduction rate, being the rate at which the Court considers it to be reasonable that the earnings of the judgment debtor should be applied in satisfying the judgment to which the order relates but not exceeding a rate that appears to the Court to be necessary for the purpose of— (a) securing payment of the amount due and unpaid under the judgment; and (b) securing payment within a reasonable time of any costs ordered by the Court to be paid by the judgment debtor. (2) An attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of pay days after the order comes into force and a lower normal deduction rate to apply to subsequent pay days. (3) An attachment of earnings order shall also specify the protected earnings rate, being the rate below which, having regard to the resources and needs of the judgment debtor and of any other person for whom the judgment debtor must or reasonably may provide, the Court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order. (4) Unless the Court— (a) has received from the judgment debtor a completed form pursuant to the notice in Form 72C given under Rule 72.02(4) as to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor; or (b) has examined the judgment debtor as to those matters— the Court shall not under paragraph (3) specify as the protected earnings rate a rate that is less than 80 per cent of the net earnings of the judgment debtor. (5) An attachment of earnings order shall— (a) provide that the payments under the order are to be made to the person specified in the order; (b) contain such particulars as the Court thinks necessary for enabling the person to whom the order is directed to identify the judgment debtor. (6) An attachment of earnings order shall be in Form 72H. 72.06 Service of order (1) An attachment of earnings order shall be served on the judgment debtor and on the person to whom the order is directed. (2) There shall also be served on the person to whom an attachment of earnings order is directed— (a) a notice informing the person of the effect of the order and of that person's obligations under this Order; and (b) two forms of notice that the judgment debtor is not in that person's employ. (3) A notice under paragraph (2)(a) shall be in Form 72J and a notice under paragraph (2)(b) shall be in Form 72K. (4) The order shall not come into force until the expiration of seven days after the day on which the order is served on the person to whom the order is directed. 72.07 Employer to make payments (1) An employer to whom an attachment of earnings order is directed shall, in respect of each pay day whilst the order is in force, if the net earnings of the judgment debtor exceed the sum of— (a) the protected earnings of the judgment debtor; and (b) so much of any amount by which the net earnings that became payable on any previous pay day were less than the protected earnings in relation to that pay day as has not been made good on any other previous pay day— pay, so far as that excess permits, to the person specified in the order the normal deduction in relation to that pay day and so much of the normal deduction in relation to any previous pay day as was not paid on that pay day and has not been paid on any other previous pay day. (2) A payment made by an employer under paragraph (1) shall be a valid discharge to the employer as against the judgment debtor to the extent of the amount paid. (3) An employer making payments in accordance with an attachment of earnings order— (a) is entitled to deduct from the earnings of the judgment debtor in addition to any other amount an allowance of $3 in respect of each payment towards the clerical and administrative costs of making payments under the order; and (b) shall give to the judgment debtor notice of the amount deducted. 72.08 Attachment of earnings in place of other orders Where an application is made to the Court to enforce a judgment for the payment of money otherwise than into Court, the Court may, instead of making any other order, make an attachment of earnings order. 72.09 Execution after attachment of earnings Unless the Court otherwise orders, where an attachment of earnings order is in force— (a) no warrant of execution shall issue; and (b) no order shall be made for the enforcement of the judgment to which the attachment of earnings order relates. 72.10 Discharge or variation of order (1) Where an attachment of earnings order is in force the Court may, on the application of the judgment creditor or the judgment debtor, discharge, suspend or vary the order. (2) An order suspending or varying an attachment of earnings order shall be served on the respondent to the application and the person to whom the attachment of earnings order is directed. (3) An order suspending or varying an attachment of earnings order shall not come into force until the expiration of seven days after the day on which the order is served on the person to whom it is directed. 72.11 Cessation of attachment of earnings order (1) An attachment of earnings order shall cease to have effect— (a) upon being discharged under Rule 72.10; or (b) unless the Court otherwise orders, upon the making of any other order for the recovery of the moneys owing under the judgment in relation to which the attachment of earnings order was made. (2) Where an attachment of earnings order ceases to have effect, the Registrar shall forthwith give notice accordingly to the person to whom the order was directed. (3) A notice under paragraph (2) shall be in Form 72L. (4) Where an attachment of earnings order ceases to have effect, the person to whom the order is directed shall not incur any liability in consequence of that person treating the order as still in force at any time before the expiration of seven days after the day on which the notice required by paragraph (2) or a copy of the order discharging the attachment of earnings order, as the case may be, is served on that person. 72.12 Two or more orders in force Where earnings become payable to a judgment debtor and there are in force two or more attachment of earnings orders, whether made under these Rules or otherwise, in relation to those earnings, the person to whom the orders are directed— (a) shall comply with those orders according to the respective dates on which they took effect and shall disregard any order until the earlier order has been complied with; and (b) shall comply with any order as if the earnings to which the order relates were the residue of the earnings of the judgment debtor after the making of any payment under an earlier order. 72.13 When varied order taken to be made For the purpose of Rule 72.12 an attachment of earnings order which has been varied under Rule 72.10 shall be taken to have been made as so varied on the day upon which the attachment of earnings order was made. 72.14 Notice to judgment debtor of payments (1) A person who makes a payment in compliance with an attachment of earnings order shall give to the judgment debtor a notice specifying the particulars of that payment. (2) Where a person served with an attachment of earnings order directed to that person is not the employer of the judgment debtor at the time of service of the order, that person shall, forthwith after service of the order, give notice in writing accordingly to the Registrar. (3) Where a person served with an attachment of earnings order directed to that person is the employer of the judgment debtor at the time of service of the order but ceases to be the judgment debtor's employer at any time thereafter, that person shall, forthwith after ceasing to be the judgment debtor's employer, give notice in writing accordingly to the Registrar. 72.15 Determination of earnings (1) The Court shall, on the application of the person to whom an attachment of earnings order is directed, determine whether payments to the judgment debtor of a particular class or description specified in the application are earnings for the purpose of that order. (2) A person to whom an attachment of earnings order is directed who makes an application under paragraph (1) shall not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made by that person to the judgment debtor while the application, or any appeal from an order made on the application, is pending. (3) Paragraph (2) does not apply in respect of any payment made after an application is withdrawn or an appeal from an order made on the application is abandoned. 72.16 Service An order or document that is required or permitted to be served on a person under this Order may be served on that person— (a) personally; (b) by delivering a copy at the usual or last known place of residence or business of that person to some person who apparently resides or is employed there and is apparently over the age of 16 years; or (c) by sending a copy to the person at the person's usual or last known place of residence or business by registered post. Order 73—Charging orders and stop orders and notices 73.01 Definitions ***charging order*** means an order made under Rule 73.02; ***corporation*** includes a co-operative within the meaning of the Co-operatives National Law (Victoria); ***funds*** or ***funds in court*** means— (a) any money, any stock issued by or any funds of or annuity granted by any government; or (b) any stock of any corporation standing or to be placed to the credit of an account in the books of the Court; ***judgment*** means a judgment or order for the payment of an ascertained sum of money otherwise than into court; ***judgment creditor*** means a person entitled to enforce a judgment; ***judgment debt*** means the sum due under a judgment and includes the amount of any interest; ***judgment debtor*** means a person against whom a judgment may be enforced; ***securities*** means— (a) any stock issued by or any funds of or annuity granted by the Commonwealth or by any State of the Commonwealth or any Territory; and (b) any stock of any corporation registered or formed under any general Commonwealth Act or under any general Act of any State of the Commonwealth or any Territory; and (c) any dividend or interest payable on any stock referred to in paragraph (a) or (b); ***stock*** includes shares, and any debenture, debenture stock, bond, note or other security. 73.02 Order charging securities For the purpose of securing the payment of a judgment debt the Court may by order impose a charge on the beneficial interest of the judgment debtor in any securities. 73.03 Filing and service of charging summons (1) The Court may, on the application of a judgment creditor, order that a charging summons be filed and served. (2) A judgment creditor may apply for an order under paragraph (1) without notice to any person. 73.04 Evidence on application for charging summons (1) An application for an order under Rule 73.03(1) shall be supported by an affidavit— (a) stating that the judgment is unsatisfied, either wholly or to a stated extent; (b) identifying the securities in respect of which the order is sought and stating in whose name they stand; and (c) stating that the judgment debtor has a beneficial interest in the securities and describing that interest. (2) An affidavit under this Rule may contain statements of fact based on information and belief if the grounds are set out. 73.05 Charging summons (1) A charging summons shall identify the securities in respect of which it is filed and state that— (a) upon service of the summons on the government or corporation to which it is addressed, the government or corporation, as the case may be, shall not, except by order of the Court— (i) cause or permit any transfer of any of the securities to be made; or (ii) pay to any person any dividend or interest thereon; (b) upon service of the summons on the judgment debtor, unless the Court otherwise orders, no disposition by the judgment debtor of the judgment debtor's interest in any of the securities made before the application for the charging order is heard by the Court shall be valid as against the judgment creditor. (2) A charging summons shall be in Form 73A. 73.06 Service of summons The judgment creditor shall, not less than seven days before the day for hearing named in the charging summons, serve on the judgment debtor and personally on the government or corporation the summons and a copy of each affidavit used on the application for an order under Rule 73.03(1). 73.07 Effect of service of summons (1) Where without the authority of the Court a government or corporation upon which a charging summons has been served— (a) causes or permits any of the securities to which the summons relates to be transferred; or (b) pays to any person any dividend or interest on any of those securities— the government or corporation, as the case may be, shall be liable to pay to the judgment creditor an amount equal to the value to the judgment debtor of the securities transferred or of the dividend or interest paid, as the case may be, or so much thereof as is sufficient to satisfy the judgment. (2) No disposition by the judgment debtor of the judgment debtor's interest in any of the securities to which a charging summons relates made after the service of it on the judgment debtor and before the application for the charging order is heard shall be valid as against the judgment creditor, unless the Court otherwise orders. 73.08 Order on summons hearing (1) On the hearing of a charging summons the Court may make a charging order with respect to securities to which the summons relates. (2) If the judgment debtor does not attend on the hearing of the charging summons or, if attending, does not dispute the evidence in support of the application under Rule 73.03(1), the Court may make a charging order upon that evidence. 73.09 Effect and enforcement of charge A charge imposed by a charging order shall have the same effect and give the judgment creditor the same remedies for enforcing it as if it were a valid charge effectively made by the judgment debtor. 73.10 Variation or discharge of order The Court may by order at any time— (a) vary the effect under Rule 73.07 of service of a charging summons; (b) vary or discharge a charging order. 73.11 Order charging funds in court (1) Subject to Rule 15.09, for the purpose of securing the payment of a judgment debt the Court may by order impose a charge on the beneficial interest of the judgment debtor in any funds in court. (2) Rules 73.03 to 73.08 and Rule 73.10 shall apply, with any necessary modification, to an application for an order under paragraph (1). (3) The judgment creditor shall, forthwith upon the making of an order that a summons for an order under paragraph (1) be filed and served, lodge a copy of the summons and of each affidavit used on the application for the order with the Registrar, associate judge or other officer of the Court by whom the funds in court are held. 73.12 Stop order for funds in court (1) The Court may make an order that funds in court, or any part of funds in court, or the income on funds in court, shall not be transferred, sold, delivered out, paid or otherwise dealt with unless notice is first given to the person applying for the order. (2) An order may be made under paragraph (1) on the application of— (a) any person who has a mortgage or charge on the interest of any person in the funds in court; (b) any person to whom that interest has been assigned; or (c) any person who is a judgment creditor of the person entitled to that interest. (3) The application shall be made— (a) by summons in the proceeding in which the funds are in court; or (b) if there is no proceeding, by originating motion. (4) The summons or originating motion and a copy of any affidavit in support shall be served on every person who has an interest in the funds in court which may be affected by the order sought. (5) On an application under this Rule, the Court may make such order as it thinks fit for the costs and expenses of the applicant and of any party to the application or other person against whom an order is sought. 73.13 Stop notice on corporation stock not in court (1) In this Rule and the following Rules of this Order, ***corporation*** means any corporation registered or formed under any general Commonwealth Act or under any general Act of any State of the Commonwealth or any Territory. (2) Any person (***the claimant***) claiming a beneficial interest in any stock of a corporation, other than stock in court, who desires to be notified of any proposed transfer of that stock or payment of any dividend or interest on the stock may give notice of that desire to the corporation by— (a) filing— (i) an affidavit in Form 73B identifying the stock in question and describing the person's interest in the stock and identifying any document under which it arises; and (ii) a notice in Form 73C, signed by the deponent and addressed to the corporation; and (b) serving a sealed copy of the affidavit and of the notice on the corporation. (3) The affidavit shall be indorsed with a note stating the address to which any notice under Rule 73.14 is to be sent and, subject to paragraph (4), that address shall for the purpose of that Rule be the address for service of the claimant. (4) The claimant may change the claimant's address for service for the purpose of Rule 73.14 by filing and serving on the corporation notice of the change. 73.14 Effect of stop notice Where an affidavit and a notice are served on a corporation under Rule 73.13, and during the time the notice is in force, the corporation is requested to register a transfer of the stock to which the notice relates or the payment of any dividend or interest on the stock falls due, the corporation— (a) shall serve on the claimant at the claimant's address for service a notice informing the claimant of the request; and (b) except with the authority of the Court, shall not register the transfer or, as the case requires, pay the dividend or interest before the expiration of 10 days after the day that notice is served. 73.15 Withdrawal or discharge of stop notice (1) A claimant may by notice served on the corporation withdraw a notice served on it under Rule 73.13. (2) The Court may by order discharge any such notice. 73.16 Prohibition of transfer of or payment on stock (1) The Court, on the application of any person claiming a beneficial interest in any stock of a corporation, other than stock in court, may by order prohibit or restrict the corporation from registering any transfer of the whole or any part of the stock or from paying any dividend or interest on the stock. (2) The Court may vary or discharge an order made under paragraph (1). Order 74—Enforcement by appointment of receiver 74.01 Procedure An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 39 and that Order shall apply to such a receiver as it applies to a receiver appointed for any other purpose. 74.02 Appointment of receiver by way of equitable execution Before determining an application for the appointment of a receiver by way of equitable execution the Court— (a) shall have regard to— (i) the amount claimed by the judgment creditor; (ii) the amount likely to be obtained by the receiver; and (iii) the probable costs of the receiver's appointment; and (b) may direct an inquiry on these or any other matters. Order 75—Contempt 75.01 Definition In this Order, unless the context or subject matter otherwise requires, ***respondent*** means a person guilty or alleged to be guilty of contempt of court. Part 2—Summary proceedings for contempt 75.02 Contempt in face of the Court (1) Where it is alleged or appears to the Court that a person is guilty of contempt of court committed in the face of the Court, the Court may— (a) by oral order direct that the respondent be arrested and brought before the Court; or (b) issue a warrant for the arrest of the respondent. (2) A warrant for the arrest of the respondent may be issued under the hand of a Judge where the arrest is ordered by the Judge. (3) A warrant issued under paragraph (1) may be directed to any one or more of the following— (4) The warrant may be in Form 75A. 75.03 Procedure on hearing of charge Where the respondent is brought before the Court, whether under oral order or warrant for arrest, the Court shall— (a) cause the respondent to be informed of the contempt with which the respondent is charged; and (b) adopt thereafter such procedure as in the circumstances the Court thinks fit. 75.04 Custody pending disposal of charge The Court may order that until the charge is disposed of the respondent be kept in custody or be released or released on terms, including a condition that the respondent give security for attendance in person to answer the charge. Part 3—Other procedure for contempt 75.05 Application (1) This Part applies to— (a) contempt of court committed in the face of the Court; (b) any other contempt of the Court; (c) * * * * * (2) In the case of contempt of court committed in the face of the Court, the procedure under this Part is alternative to that under Part 2. 75.06 Procedure (1) Application for punishment for the contempt shall be by summons or originating motion in accordance with this Rule. (2) Where the contempt is committed by a party in relation to a proceeding in the Court, the application shall be made by summons in the proceeding. (3) Where paragraph (2) does not apply, the application shall be made by originating motion which— Rule 75.06(3)(a) amended by S.R. No. 120/2023 rule 9. (a) shall be entitled "The King v." the respondent, "on the application of" the applicant; and (b) shall require the respondent to attend before a Judge. (4) The summons or originating motion shall specify the contempt with which the respondent is charged. (5) The summons or originating motion and a copy of every affidavit shall be served personally on the respondent, unless the Court otherwise orders. 75.07 Application by Registrar (1) The Court may, by order, direct the Registrar to apply by summons or originating motion for punishment of the contempt. (2) Where the Registrar applies as so directed, the Court may order that costs be paid by the Registrar to the respondent or by the respondent to the Registrar as it thinks fit. 75.08 Arrest of respondent (1) Where a summons or originating motion for punishment of a contempt has been filed, and it appears to the Court that the respondent has absconded or is likely to abscond or has left or is likely to leave Victoria, the Court may issue a warrant for the respondent's arrest and detention in custody until the respondent is brought before the Court to answer the charge, unless the respondent gives security, as the Court directs, for the respondent's attendance in person to answer the charge and to submit to the judgment of the Court. (2) A warrant for the arrest of the respondent may be issued under the hand of a Judge where the arrest is ordered by the Judge. (3) A warrant issued under paragraph (1) may be directed to any one or more of the following— (4) The warrant may be in Form 75B. 75.08.1 Arrest pending contempt hearing (1) If it appears to the Court that a party or other person bound by an order of the Court is guilty of contempt of court, and that the delay caused by proceeding in accordance with Rule 75.06 may cause serious or irreparable mischief, the Court may issue a warrant for the arrest of the person. (1A) A warrant for the arrest of the person may be issued under the hand of a Judge where the arrest is ordered by the Judge. (1B) A warrant issued under paragraph (1) may be directed to any one or more of the following— (1C) The warrant may be in Form 75BA. (2) The Court may thereafter adopt such procedure as it thinks fit and in particular may direct that— (a) proceedings be conducted in accordance with Rule 75.06 with such variation as the case requires; (b) the person arrested be kept in custody or be released or released on terms, including a condition that the person give security for the person's attendance in person to answer a charge of contempt. 75.09 * * * * * Part 4—Committal and costs 75.10 Application This Part applies where the Court finds that a respondent is guilty of contempt of court. 75.11 Punishment for contempt (1) Where the respondent is a natural person, the Court may punish for contempt by committal to prison or fine or both. (2) Where the respondent is a corporation, the Court may punish for contempt by sequestration or fine or both. (3) When the Court imposes a fine, it may commit, or further commit, the respondent to prison until the fine is paid. (4) The Court may make an order for punishment on terms, including a suspension of punishment. 75.12 Discharge Where a respondent is committed to prison for a term, the Court may order the respondent's discharge before the expiry of the term. 75.13 Warrant for committal A warrant for the committal of a person found guilty of contempt of court shall be in Form 75C. 75.14 Costs The costs of an application for punishment for contempt shall be in the discretion of the Court, whether an order for committal is made or not. Order 76—Sequestration 76.01 Definitions ***person bound*** means a person against whom a judgment is entered or given or an order is made. 76.02 * * * * * 76.03 Order for sequestration (1) An order for sequestration shall appoint not less than four persons as sequestrators and provide that the sequestrators, or any two or more of them, be authorised and directed to— (a) enter upon and take possession of the real and personal estate of the person bound; (b) collect, receive and get into their hands the rents and profits of the real and personal estate of the person bound; and (c) keep them under sequestration in their hands until the person bound complies with the judgment to be enforced by sequestration or until further order. (2) Where the person bound is a corporation and an order is made for the sequestration of the property of an officer of the corporation (whether or not an order for sequestration is also made against the corporation), the order— (a) shall give the same authority and direction to the sequestrators with respect to the real and personal estate of the officer as in the case of an order against a corporation; and (b) shall provide that the sequestrators shall keep that estate under sequestration in their hands until the corporation complies with the judgment to be enforced by sequestration or until further order. (3) The Court may discharge an order for sequestration. 76.04 Application (1) An application for an order for sequestration shall be by summons, and the summons and a copy of each affidavit in support shall be served personally on the person bound. (2) Where the person bound is a corporation and sequestration of the property of an officer of the corporation is sought, a copy of the summons and of each affidavit in support shall also be served personally on the officer. (3) The Court may dispense with service under paragraphs (1) and (2). Order 77 There is no Order 77. Order 77A—Authority of associate judges 77A.01 Authority Subject to this Order, an associate judge shall have and may exercise all the powers and authorities of a Judge under these Rules, the Act or any Act. 77A.02 Limitation upon authority (1) The trial of a proceeding shall not be held before an associate judge and an associate judge shall not give judgment or make any order at the trial of a proceeding. (2) Except as provided by paragraph (3)(a) or (c), an associate judge may, at the trial of any proceeding, give judgment or make an order by consent of all parties. (3) An associate judge shall not have authority to hear and determine— (a) any application or proceeding which by these Rules or under any Act is required to be heard only by a Judge; (b) any application or proceeding for an injunction; (c) any application, proceeding or other matter relating to criminal proceedings or to the liberty of the subject, including proceedings for attachment or committal. 77A.03 Reference by associate judge to Judge (1) Where on an application to an associate judge it appears to the associate judge that the application is proper for the determination of a Judge, the associate judge may refer the application to a Judge. (2) The Judge to whom the application is referred may hear and determine the application or refer it back to the associate judge with directions. (3) An associate judge may refer to a Judge for directions any questions arising on an application to the associate judge. Order 78—Proceedings under judgment 78.01 Definition In this Order ***judgment*** includes order. 78.02 Directions in judgment (1) Where by a judgment of the Court further proceedings are necessary, the Court, when giving the judgment or at any later time, may give directions for the conduct of those proceedings. (2) Without limiting paragraph (1), the Court may give directions with respect to— (a) the taking of any account or the making of any inquiry; (b) the evidence to be adduced on the account or inquiry; (c) the preparation of any draft instrument directed by the judgment to be settled, and the making of any objections to the draft; (d) the parties required to attend the proceedings; (e) the representation by the same solicitors of parties who constitute a class and by different solicitors of parties who ought to be separately represented; (f) the time for taking each step in the proceedings, and the day or days for the further attendance of the parties; (g) the publication of advertisements for creditors or other claimants and the time for creditors and claimants to respond. (3) The Court may revoke or vary any directions given under this Rule. 78.03 Claims (1) In this Rule ***administration proceeding*** means a proceeding for the administration of the estate of a deceased person or the execution of a trust under the direction of the Court. (2) Where the judgment in an administration proceeding directs the taking of an account of debts or other liabilities of a deceased person, the Court may— (a) direct a party— (i) to examine the claims of persons claiming to be creditors of the estate and determine, so far as the party is able, to which of the claims the estate is liable; and (ii) determine, so far as the party is able, what are the other debts or liabilities of the deceased; and (b) direct a party to file an affidavit stating the party's conclusions and reasons. (3) Where the judgment in an administration proceeding directs an inquiry for unascertained persons entitled, the Court may— (a) direct a party— (i) to examine the claims of persons claiming to be entitled and determine, so far as the party is able, which of them are valid; and (ii) determine, so far as the party is able, what other persons are entitled; and (b) direct a party to file an affidavit stating the party's conclusions and reasons. (4) Where the party directed by the Court under paragraph (2) or (3) to examine claims is not the personal representative or trustee concerned, then, unless the Court otherwise orders, that personal representative or trustee shall join with the party so directed in making the affidavit. (5) A copy of the affidavit under paragraph (2)(b) or (3)(b) shall be served on every other party not less than seven days before the time appointed by the Court for adjudicating on claims. (6) For the purpose of adjudicating on claims the Court may— (a) direct any claim to be investigated in such manner it thinks fit; (b) require any claimant to attend and prove the claim or to furnish further particulars or evidence of it; or (c) allow any claim with or without proof. (7) The Court may give directions for service on persons claiming to be creditors of notice of the result of the adjudication. (8) This Rule, with any necessary modification, shall apply where the judgment in any proceeding other than an administration proceeding directs that an account of debts or other liabilities be taken or that an inquiry be made. 78.04 Interest on debts (1) Where a judgment directs an account of the debts of a deceased person, unless the estate of the deceased is insolvent or the Court otherwise orders, interest shall be allowed— (a) on any debt which carries interest, at the rate it carries; (b) on any other debt, from the date of the judgment at the rates payable on judgment debts from that date. (2) A creditor whose debt does not carry interest and who establishes the debt in proceedings under the judgment shall, unless the Court otherwise orders, be entitled to interest on the debt in accordance with paragraph (1)(b) out of any assets which remain after satisfying the costs of the proceeding, the debts established and the interest on such debts as by law carry interest. (3) For the purpose of this Rule— (a) the debts of a deceased person include funeral, testamentary and administration expenses; and (b) in relation to expenses incurred after the judgment, for the reference in paragraph (1)(b) to the date of the judgment substitute a reference to the date on which the expenses became payable. 78.05 Interest on legacies Where a judgment directs an account of legacies, then, subject to any direction in the will or codicil or any order of the Court, interest shall be allowed on each legacy at the rate of eight per cent per annum from the end of one year after the testator's death. 78.06 Account or inquiry by associate judge or judicial registrar Unless the Court otherwise orders, an associate judge or a judicial registrar shall take any account or make any inquiry with respect to further proceedings under a judgment. 78.07 Order of associate judge or judicial registrar (1) The result of proceedings before an associate judge or a judicial registrar under a judgment shall be stated in the form of an order. (2) An order under this Rule shall have immediate binding effect on the parties to the proceeding and a copy shall be served on such parties as the associate judge or judicial registrar directs. (3) Subject to any direction of the associate judge or judicial registrar under paragraph (4) or otherwise, an order under this Rule shall have effect as a final order disposing of the proceeding in which it is made. (4) The associate judge or judicial registrar may give directions as to the further consideration of the proceeding. Order 79—Funds in Court 79.01 Definition In this Order, ***order*** includes judgment. Part 2—General 79.02 Application of money (1) This Rule applies where money is paid into court under an order of the Court. (2) Subject to paragraph (3), money paid into court and any interest allocated or received in respect of the money shall not be paid out except by order of the Court. (3) Except where money is paid into court for the benefit of a person under disability, money paid into court and any interest allocated or received in respect of the money may be paid out by the Registrar upon and in accordance with a written authority signed by each party to the proceeding or the party's solicitor, each signature of a party to be verified by the indorsed certificate of a solicitor. 79.03 Money in court for person under disability Where an order is made that money in court be paid into the Supreme Court on behalf of a person under disability or held by the Registrar for the benefit of a person under disability, the party who obtains the order shall as soon as practicable procure its authentication in accordance with these Rules. 79.04 Payment into court for person under disability (1) Where an order is made that money be paid into the Supreme Court or into court for the benefit of a person under disability, the party who obtains the order shall as soon as practicable procure its authentication in accordance with these Rules. (2) As soon as practicable after authentication, the party obtaining the order shall serve a copy on the party ordered to pay into the Supreme Court or into court. (3) A party ordered to pay— (a) into the Supreme Court, shall pay the money to the Senior Master of the Supreme Court; or (b) into court, shall pay the money to the Registrar— and shall within seven days of the payment serve on the party who obtained the order notice in writing of the payment. 79.05 Certificate of receipt Where money is received by the Registrar under an order of the Court, the Registrar shall as soon as practicable send to the party obtaining the order a certificate of receipt. 79.06 Delay (1) Where an order is made that a party pay money into court for the benefit of a person under disability, and it appears to the Registrar after due inquiry that loss has been occasioned to the person under disability— (a) through undue delay by the party or the party's solicitor in making the payment; (b) where the order was made on the approval of a compromise of a claim by the person under disability, through undue delay by the solicitor for or the litigation guardian of the person under disability in— (i) obtaining the approval of the compromise; (ii) procuring the authentication of the order; or (iii) serving a copy of the order on the other party— the Registrar may order that the person responsible for the loss pay into court for the benefit of the person under disability a sum by way of interest on the money received or to be received for investment. (2) The sum ordered to be paid under paragraph (1) shall not exceed that derived by applying to the money for the period of the loss the last rate fixed under the **Penalty Interest Rates Act 1983**. (3) The Registrar shall not make an order under paragraph (1) without giving the person who appears to be responsible for the loss an opportunity to be heard. (4) Any person affected by an order made by the Registrar under paragraph (1) may appeal to a Judge or an associate judge. (5) Where money is paid into court in accordance with an order of the Registrar under paragraph (1), the Registrar shall deal with the sum as if paid into court under the original order. Part 3—Funds 79.07–79.09 * * * * * 79.10 Proceeding in another court (a) money is held for the benefit of a person in respect of a claim by or on behalf of that person in another court, whether that court is within or out of Victoria; and (b) if the claim were made in a proceeding in the Court, that person would be a person under disability. (2) Where the person for whose benefit the money is held is or is about to become domiciled or ordinarily resident within Victoria, the Registrar may order that if the money is paid to the Court it be held in court for the benefit of that person. (3) Money held in court pursuant to an order made under paragraph (2) shall be taken to have been paid into court pursuant to an order in a proceeding in the Court that money be paid into court for the benefit of a person under disability. Order 80—Service under the Hague Convention Part 1—Preliminary **Note 1** This Order forms part of a scheme to implement Australia's obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney-General's Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as "other" or "additional" authorities (under Article 18 of the Convention). **Note 2** This Order provides (in Part 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Part 3) for default judgment in proceedings in the Court after service overseas of such a document. Note 3 to Order 80 Pt 1 substituted by S.R. No. 69/2019 rule 4. **Note 3** Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States, can be found at the website of the Hague Conference on Private International Law. 80.01 Definitions ***additional authority***, for a Convention country, means an authority that is— (a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country; and (b) competent to receive requests for service abroad emanating from Australia; ***applicant***, for a request for service abroad or a request for service in this jurisdiction, means the person on whose behalf service is requested; The term ***applicant*** may have a different meaning in other provisions of these Rules. ***Central Authority***, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country; ***certificate of service*** means a certificate of service that has been completed for the purposes of Article 6 of the Hague Convention; ***certifying authority***, for a Convention country, means the Central Authority for that country or some other authority that is for the time being designated by that country, under Article 6 of the Hague Convention, to complete certificates of service in the form annexed to the Hague Convention; ***civil proceedings*** means any judicial proceedings in relation to civil or commercial matters; ***Convention country*** means a country, other than Australia, that is a party to the Hague Convention; ***defendant***, for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served; ***Hague Convention*** means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965; ***initiating process*** means any document by which proceedings (including proceedings on any cross-claim or third party notice) are commenced; ***local judicial document*** means a judicial document that relates to civil proceedings in the Court; ***request for service abroad*** means a request for service in a Convention country of a local judicial document mentioned in Rule 80.04(1); ***this jurisdiction*** means Victoria. 80.02 Provisions of this Order to prevail The provisions of this Order prevail to the extent of any inconsistency between those provisions and any other provisions of these Rules. Part 2—Service abroad of local judicial documents 80.03 Application of Part (1) Subject to paragraph (2), this Part applies to service in a Convention country of a local judicial document. (2) This Part does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Convention. 80.04 Application for request for service abroad (1) A person may apply to the Registrar, in the Registrar's capacity as an authority competent to forward a request for service under Article 3 of the Hague Convention, for a request for service in a Convention country of a local judicial document. (2) The application must be accompanied by 3 copies of each of the following documents— (a) a draft request for service abroad, which must be in accordance with Part 1 of Form 80A; (b) the document to be served; (c) a summary of the document to be served, which must be in accordance with Form 80B; (d) if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, the official language or one of the official languages of that country, a translation into that language of both the document to be served and the summary of the document to be served. (3) The application must contain a written undertaking to the Court, signed by the legal practitioner on the record for the applicant in the proceedings to which the local judicial document relates or, if there is no practitioner on the record for the applicant in those proceedings, by the applicant— (a) to be personally liable for all costs that are incurred— (i) by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or (ii) by the use of any particular method of service that has been requested by the applicant for service of the documents to be served; and (b) to pay the amount of those costs to the Registrar within 28 days after receipt from the Registrar of a notice specifying the amount of those costs under Rule 80.06(3); and (c) to give such security for those costs as the Registrar may require. (4) The draft request for service abroad— (a) must be completed (except for signature) by the applicant; and (b) must state whether (if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected) the applicant wants service to be attempted after the expiry of that time; and (c) must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and (d) may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority. (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating— (a) that the translation is an accurate translation of the documents to be served; and (b) the translator's full name and address and the translator's qualifications for making the translation. 80.05 How application to be dealt with (1) If satisfied that the application and its accompanying documents comply with Rule 80.04, the Registrar— (a) must sign the request for service abroad; and (b) must forward 2 copies of the relevant documents— (i) if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected, to the nominated additional authority; or (ii) in any other case, to the Central Authority for the Convention country in which service of the document is to be effected. (2) The relevant documents mentioned in paragraph (1)(b) are the following— (a) the request for service abroad (duly signed); (b) the document to be served; (c) the summary of the document to be served; (d) if required under Rule 80.04(2)(d), a translation into the relevant language of each of the documents mentioned in subparagraphs (b) and (c). (3) If not satisfied that the application or any of its accompanying documents complies with Rule 80.04, the Registrar must inform the applicant of the respects in which the application or document fails to comply. 80.06 Procedure on receipt of certificate of service (1) Subject to paragraph (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the Registrar— (a) must arrange for the original certificate to be filed in the proceedings to which the document relates; and (b) must send a copy of the certificate to— (i) the legal practitioner on the record for the applicant in those proceedings; or (ii) if there is no legal practitioner on the record for the applicant in those proceedings, the applicant. (2) For the purposes of paragraph (1), a certificate of service is in due form if— (a) it is in accordance with Part 2 of Form 80A; and (b) it has been completed by a certifying authority for the Convention country in which service was requested; and (c) if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority, it has been so countersigned. (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in paragraph (1), the Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in Rule 80.04(3) a notice specifying the amount of those costs. (4) For the purposes of paragraph (3), a statement of costs is in due form if— (a) it relates only to costs of a kind mentioned in Rule 80.04(3)(a); and (b) it has been completed by a certifying authority for the Convention country in which service was requested. (5) Paragraph (1) does not apply unless— (a) adequate security to cover the costs mentioned in paragraph (3) has been given under Rule 80.04(3)(c); or (b) to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the Registrar. 80.07 Payment of costs (1) On receipt of a notice under Rule 80.06(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the Registrar the amount specified in the notice as the amount of those costs. (2) If the legal practitioner or applicant fails to pay that amount within 28 days after receiving the notice— (a) except by leave of the Court, the applicant may not take any further step in the proceedings to which the local judicial document relates until those costs are paid to the Registrar; and (b) the Registrar may take such steps as are appropriate to enforce the undertaking for payment of those costs. 80.08 Evidence of service A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of Rule 80.06(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that— (a) service of the document was effected by the method specified in the certificate on that date; and (b) if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected. Part 3—Default judgment following service abroad of initiating process 80.09 Application of Part This Part applies to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country. 80.10 Restriction on power to enter default judgment if certificate of service filed (a) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of Rule 80.06(2)) that states that service has been duly effected; and (b) the defendant has not appeared or filed a notice of address for service. (2) In circumstances to which this Rule applies, default judgment may not be given against the defendant unless the Court is satisfied that— (a) the initiating process was served on the defendant— (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to the defendant's residence) and that method is compatible with the law in force in that country, by that method; or (iii) if the applicant did not request a particular method of service, in circumstances where the defendant accepted the document voluntarily; and (b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings. (3) In paragraph (2)(b), ***sufficient time*** means— (a) 42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or (b) such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings. 80.11 Restriction on power to enter default judgment if certificate of service not filed (a) a certificate of service of initiating process has not been filed in the proceedings; or (b) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of Rule 80.06(2)) that states that service has not been effected— and the defendant has not appeared or filed a notice of address for service. (2) If this Rule applies, default judgment may not be given against the defendant unless the Court is satisfied that— (a) the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and (c) every reasonable effort has been made— (i) to obtain a certificate of service from the relevant certifying authority; or (ii) to effect service of the initiating process— as the case requires. 80.12 Setting aside judgment in default of appearance (1) This Rule applies if default judgment has been entered against the defendant in proceedings to which this Part applies. (2) If this Rule applies, the Court may set aside the judgment on the application of the defendant if it is satisfied that the defendant— (a) without any fault on the defendant's part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and (b) has a prima facie defence to the proceedings on the merits. (3) An application to have a judgment set aside under this Rule may be filed— (a) at any time within 12 months after the date on which the judgment was given; or (b) after the expiry of that 12 month period, within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances. (4) Nothing in this Rule affects any other power of the Court to set aside or vary a judgment. Order 81 There is no Order 81. Order 82—Procedure under the Open Courts Act 2013 82.01 Definitions (1) In this Order— ***the Act*** means the **Open Courts Act 2013**. (2) An expression used in the **Open Courts Act 2013** has the same meaning in this Order as it has in that Act. 82.02 Notice of application for suppression order (1) A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply— (a) shall be generally in accordance with Form 82A; and (b) for the purposes of section 10(1)(a) of the Act, is to be emailed to the Court at suppression_notice@countycourt.vic. gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule. (2) A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email. Order 83—Procedure under the Vexatious Proceedings Act 2014 83.01 Definitions An expression used in the **Vexatious Proceedings Act 2014** has the same meaning in this Order as it has in that Act. 83.02 Application for leave to proceed under limited litigation restraint order An application under section 50 of the **Vexatious Proceedings Act 2014** by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates shall be in Form 83A. 83.03 Application for leave to proceed under extended litigation restraint order An application under section 52(1) of the **Vexatious Proceedings Act 2014** by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding shall be— (a) in Form 83B, in the case of an application to continue a proceeding; and (b) in Form 83C, in the case of an application to commence a proceeding. 83.04 Application for leave to proceed under general litigation restraint order An 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 shall be— (a) in Form 83D, in the case of an application to continue a proceeding; and (b) in Form 83E, in the case of an application to commence a proceeding. 83.05 Notice of application for leave to proceed (1) Notice required to be given by a direction of the Court under section 60(2) of the **Vexatious Proceedings Act 2014** shall be in Form 83F. (2) The notice shall be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates. Further requirements are stated in section 60(4) of the **Vexatious Proceedings Act 2014**. 83.06 Application for leave to apply for variation or revocation of litigation restraint order An application under section 65(1) of the **Vexatious Proceedings Act 2014** by a person subject to a litigation restraint order for leave to apply to vary or revoke the order shall be in Form 83G. 83.07 Application to vary or revoke litigation restraint order An application under section 65(1) of the **Vexatious Proceedings Act 2014** by a person subject to a litigation restraint order to vary or revoke the order shall be in Form 83H. 83.08 Notice of application to vary or revoke litigation restraint order (1) Notice required to be given by a direction of the Court under section 67(2) of the **Vexatious Proceedings Act 2014** shall be in Form 83I. (2) The notice shall 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. Further requirements are stated in section 67(4) of the **Vexatious Proceedings Act 2014**. Order 84—Powers of judicial registrars 84.01 Interpretation In this Order, a reference to a determination is a reference to a judgment, order or direction. 84.02 Proceedings that may be dealt with by judicial registrars Rule 84.02(1) amended by S.R. No. 16/2020 rule 5(1). (1) Subject to paragraph (2), a judicial registrar may perform the duties and exercise all or any powers or authorities of the Court in all matters and proceedings (other than matters and proceedings to which Chapter III of the Rules of the County Court relates) including, but not limited to, the following— (a) administrative mentions; (b) directions hearings including any application by summons or otherwise pursuant to these Rules, including— (i) the assessment of damages; and (ii) the taking of an account or the making of an inquiry; (c) the conduct of a mediation under Rule 50.07.1; (d) the conduct of judicial resolution conferences; (e) the conduct of the trial of a proceeding, if a Judge has by order referred or transferred the conduct of the trial to a judicial registrar. (2) A judicial registrar shall not have authority to hear and determine the following— (a) any application or proceeding which by these Rules or any Act is required to be heard only by a Judge; (b) subject to this Order, any application for an injunction; Rule 84.02(2)(c) substituted by S.R. No. 16/2020 rule 5(2). (c) except to the extent provided for in Order 2A of Chapter III of the Rules of the County Court— (i) any proceeding relating to the liberty of the subject; (ii) any criminal proceeding; See Order 2A of Chapter III of the Rules of the County Court for the authority of judicial registrars in criminal proceedings and other proceedings to which that Chapter relates. Rule 84.02(2)(d) revoked by S.R. No. 16/2020 rule 5(2). (e) any application under section 28 or 54 of the **Vexatious Proceedings Act 2014**; (f) any application or proceeding under Part 2 or 2A of the **Confiscation Act 1997**. (3) In hearing and determining any matter under this Rule, the same powers that the Court has in hearing and determining the matter are delegated to the judicial registrar. Rule 84.03 amended by S.R. No. 16/2020 rule 6, substituted by S.R. No. 90/2022 rule 4. 84.03 Review by Judge of judicial registrar determinations (1) In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order. (2) This Rule does not apply to a determination of the Court constituted by a judicial registrar under Order 2A of Chapter III of the Rules of the County Court. Rule 2A.29 of Chapter III of the Rules of the County Court provides for a review of such a determination. (3) A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the motion of the Court constituted by a Judge or on application by a party to the proceeding. (4) An application under paragraph (3) shall be made by notice filed with the Court, stating— (a) whether the whole or part only of the determination is the subject of the review; (b) if part only of the determination is the subject of the review, which part; (c) briefly, the grounds on which the review is sought; and (d) what determination is sought in place of the determination that is the subject of the review. (5) A copy of the notice under paragraph (4) shall be served on each other party to the proceeding within 14 days after the date of the determination. (6) A review under this Rule— (a) shall be conducted by way of hearing de novo; and (b) accordingly, is not limited by reference to— (i) the grounds specified in the application in accordance with paragraph (4)(c); or (ii) the reasons given by the judicial registrar. (7) In conducting a review in accordance with this Rule, the Court constituted by the Judge may— (a) exercise all the powers and discretions of the Court with respect to the subject matter of the review; and (b) confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires. (8) On the review, each party may, subject to any proper objections to admissibility— (a) rely upon— (i) any affidavit used before the judicial registrar; and (ii) a transcript of any evidence given orally before the judicial registrar; and (b) by leave of the court, rely upon— (i) in accordance with paragraph (9), an audio or audio visual recording of any evidence given orally before the judicial registrar; and (ii) any affidavit or oral evidence not used or given before the judicial registrar. (9) If a party seeks to rely on evidence given orally before the judicial registrar, the Judge may refer to an audio or audio visual recording of that evidence (rather than only the transcript of that evidence) if the Judge considers that it is appropriate to do so in order to assess the witness's credibility. (10) Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates. Rule 84.04 amended by S.R. No. 16/2020 rule 7 (ILA s. 39B(2)). 84.04 Judicial registrar may act for another (1) If circumstances so require, a judicial registrar may hear and determine an application which a judicial registrar is authorised by the Act or by the Rules to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined. Rule 84.04(2) inserted by S.R. No. 16/2020 rule 7. (2) This Rule does not apply in relation to an application to which Order 2A of Chapter III of the Rules of the County Court applies. Rule 2A.9 of Chapter III of the Rules of the County Court provides for judicial registrars to act for each other in proceedings and matters to which that Chapter relates. Form 4A—Overarching obligations certification Rule 4.09 OVERARCHING OBLIGATIONS CERTIFICATION In accordance with section 41 of the **Civil Procedure Act 2010**, I [*name of party*] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act. [*To be signed personally by* *party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance*] Form 4AB—Certification of prior overarching obligations certification Rule 4.09.1 Certification of prior overarching obligations certification In accordance with section 41(5)(b) of the **Civil Procedure Act 2010**, I [*name of legal practitioner*] certify to the Court that [*name of party*] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification. [*To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court*] Form 4B—Proper basis certification Rule 4.10(2) PROPER BASIS CERTIFICATION In accordance with section 42 of the **Civil Procedure Act 2010**, I [*name of legal practitioner or if not legally represented, name of party*] certify to the Court that, in relation to [*identify document to which certification relates*] filed on behalf of [*specify party*], on the factual and legal material available to me at present: [*in a civil proceeding which involves allegations of fact*:] *(a) each allegation of fact in the document has a proper basis; *(b) each denial in the document has a proper basis; *(c) there is a proper basis for each non-admission in the document. [*in a civil proceeding commenced by originating motion seeking a particular legal relief or remedy*:] *(a) each claim in the document has a proper basis; *(b) each response in the document to a claim has a proper basis; *(c) each question posed to the Court in the document has a proper basis; *(d) each response in the document to each question posed to the Court has a proper basis. Form 5A—Writ Rule 5.02(1) WRIT AT and TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ. IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below. (a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the writ has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and (b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiffs address for service, which is set out at the end of this writ. IF YOU FAIL to file an appearance within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice. (a) where you are served with the writ in Victoria, within 10 days after service; (b) where you are served with the writ out of Victoria and in another part of Australia, within 21 days after service; (c) where you are served with the writ in Papua New Guinea, within 28 days after service; (d) where you are served with the writ in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (e) in any other case, within 42 days after service of the writ. IF the plaintiff claims a debt only and you pay that debt, namely, $ and $ for the legal costs to the plaintiff or the plaintiff's solicitor within the proper time for appearance, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court. THIS WRIT is to be served within one year from the date it is filed or within such further period as the Court orders. [*Plaintiff's indorsement of a statement of claim or of a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding.*] (If no place of trial is specified, trial will be in Melbourne) 2. Mode of trial— (If trial before a Judge and jury is not specified, trial will be before a Judge sitting alone.) 3. **This writ was filed— (c) for the plaintiff by [*name or firm of solicitor*], solicitor, of [*business address of solicitor*] as agent for [*name or firm of principal solicitor*], solicitor, of [*business address of principal*]. 4. The address of the plaintiff is— 5. The address for service of the plaintiff is— [*Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 4, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria.*] 6. The email address for service of the plaintiff is— 7. The address of the defendant is— *[*Strike out this paragraph where order made fixing time for appearance and substitute* "THE PROPER TIME TO FILE AN APPEARANCE *is within days after service on you of this writ.*"] Form 5B—Originating motion between parties Rule 5.02(2) [*heading as in Form 5A*] ORIGINATING MOTION BETWEEN PARTIES TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below. IF YOU INTEND TO DEFEND the proceeding, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below. (a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the originating motion has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and (b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this originating motion. IF YOU FAIL to file an appearance within the proper time, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice. IF YOU FILE an appearance within the proper time, the plaintiff cannot obtain judgment against you except by application to the Court after notice to you by summons. (a) where you are served with the originating motion in Victoria, within 10 days after service; (b) where you are served with the originating motion out of Victoria and in another part of Australia, within 21 days after service; (c) where you are served with the originating motion in Papua New Guinea, within 28 days after service; (d) where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (e) in any other case, within 42 days after service of the originating motion. THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders. [*Specify the relief or remedy sought and the Act, if any, under which the claim is made, and, where it includes the answer to any question, state the question.*] (If no place of trial is specified, trial will be held in Melbourne.) 2. **This originating motion was filed— (c) for the plaintiff by [*name or firm of solicitor*], solicitor, of [*business address of solicitor*] as agent for [*name or firm of principal solicitor*], solicitor, of [*business address of principal*]. 3. The address of the plaintiff is— 4. The address for service of the plaintiff is— [*Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 3, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria.*] 5. The email address for service of the plaintiff is— 6. The address of the defendant is— *[*Strike out this paragraph where order made fixing time for appearance and substitute* "THE PROPER TIME TO FILE AN APPEARANCE *is within days after service on you of this originating motion*."] Form 5C—Originating motion between parties Rules 5.02(2), 45.05(2)(b) (*where commenced under Rule 45.05*) [*heading as in Form 5A*] ORIGINATING MOTION BETWEEN PARTIES TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below. ALSO TAKE NOTICE that the plaintiff cannot continue with the proceeding except by order of the Court. You will be given notice by summons of any application for the order and until the summons is served you are not required to take any step in the proceeding. [*or where a summons for an order under Rule 45.05 or for judgment will be served with the originating motion*] IF YOU INTEND TO DEFEND the proceeding you must attend before the Court at the time and place named in the summons served with this originating motion. THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such further period as the Court orders. [*complete as in Form 5B*] [*complete as in Form 5B*] Form 5D—Originating motion Rule 5.02(2) ORIGINATING MOTION [*where no defendant*] AT IN THE MATTER of an application by A.B. for [*describe nature of application and state the Act, if any, under which made*]. TAKE NOTICE that the plaintiff will apply to the Court on [*insert date*] at a.m. [*or* p.m.] for [*specify the relief or remedy sought and the Act, if any, under which the claim is made, and where it includes any question to be answered, state the question*]. The address of the plaintiff is— Form 5E—Originating motion for recovery of land under Order 53 Rules 5.02(2), 53.02(3) ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53 AT and [*or if the plaintiff does not know the name of any person in occupation*] and (The plaintiff does not know the name of any person in Defendant occupation to make defendant) TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [*description of land**] [*or where there is no defendant*] TO EVERY PERSON IN OCCUPATION OF THE LAND AT [*description of land**] TAKE NOTICE that this proceeding by originating motion has been commenced by the plaintiff for the recovery of land at Further particulars of the claim appear in the affidavit made in support of the claim. A copy of the affidavit and of any exhibit referred to therein is served with this originating motion. AND TAKE NOTICE that the plaintiff will apply to the Judge or associate judge in the County Court, William Street, Melbourne on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows. At that time the Judge or associate judge may hear an application by the plaintiff for judgment. IF YOU ARE NAMED AS DEFENDANT AND INTEND TO DEFEND THIS PROCEEDING you must— (a) give notice of your intention by filing an appearance on or before the day specified above; and (b) attend before the Judge or associate judge as specified above. (a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the originating motion has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and (b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this originating motion. IF YOU FAIL to file an appearance on or before the day specified above or to attend before the Judge or associate judge on that day, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without further notice. IF YOU ARE IN OCCUPATION OF THE LAND AND ARE NOT NAMED AS DEFENDANT you may attend before the Judge or associate judge in person or by your counsel or solicitor on the day and at the time and place specified above and apply to be made a defendant. (If no place of trial is specified, trial will be held in Melbourne.) 2. **This originating motion was filed— (c) for the plaintiff by [*name or firm of solicitor*], solicitor, of [*business address of solicitor*] as agent for [*name or firm of principal solicitor*], solicitor, of [*business address of principal*]. 3. The address of the plaintiff is— 4. The address for service of the plaintiff is— [*Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 3, but, where that address is outside Victoria the plaintiff must state an address for service within Victoria*]. 5. The email address for service of the plaintiff is— 6. [*If there is a defendant*] The address of the defendant is— *[Note: *The land should be so described as to be physically identifiable.*] **[*complete or strike out as appropriate*.] Form 7AAA—Service out of Australia—notice to defendant served out of Australia Rule 7.05 Service out of Australia—Notice to defendant served out of Australia **NOTICE TO DEFENDANT SERVED OUT OF AUSTRALIA** To the Defendant: 1. You have been served with an originating process out of Australia under Rules 7.01 to 7.09 of the Rules of the County Court of Victoria. A copy of those Rules is enclosed for your information. They show the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia. 2. The grounds alleged by the plaintiff to support its claim to be entitled to serve you out of Australia are: [*specify grounds*] 3. If you do not file an appearance (or if you file a conditional appearance and apply by summons within 14 days of filing the conditional appearance) the Court may, on application made by you, make an order setting aside the originating process or its service on you or dismissing or staying the proceeding. Without limiting the Court's powers in this regard, the Court may make such an order if satisfied that— (a) the service was not authorised by the Rules of the Court; or (b) this Court is an inappropriate forum for the trial of the proceeding; or (c) the claim has insufficient prospects of success to warrant putting you to the time, expense and trouble of defending the claim. 4. Alternatively you may file an unconditional appearance (in the form prescribed by the Rules of the Court) within the time required under the Rules of the Court. 5. If you file an unconditional appearance, additional procedural obligations (such as an obligation to file a defence or an affidavit) may apply to you in accordance with the Rules of the Court. 6. If you do not file an unconditional appearance within the time required under the Rules of the Court and you have not made an application of a kind referred to in paragraph 3, the Court may give leave to the plaintiff to proceed against you without further notice. Form 7A—Letter of request for service of document Rule 7.13(2) Letter of request for service of document To A civil proceeding is now pending in the County Court of Victoria in which is plaintiff and is defendant and in which the plaintiff claims And in order that the matters in dispute between the parties in the proceeding may be duly determined it is necessary that [*describe the document*] be served on and it has been made to appear that is a national of and is domiciled or resident in at I the Registrar of the County Court of Victoria request that for the reasons stated above and for the assistance of the Court you will be pleased to cause the document [and a translation of it], [both of] which I send to you with this request, to be served on of And I inform you that proper arrangements have been made by the Court and by the Commonwealth of Australia for the reimbursement of any expenses incurred in carrying out the service requested. And I further inform you that legal assistance with respect to the service of documents in the State of Victoria can be given by this Court at the request of a foreign court if that request is duly transmitted to the Attorney-General of the State of Victoria. Registrar of the County Court of the State of Victoria. Form 7AA—Subpoena to give evidence (New Zealand) Rule 7A.07(a) SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice. Unless the subpoena is set aside, you must comply with the attached subpoena if: (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either: (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. **SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)** AT **You are ordered to attend to give evidence.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).** **Please read Notes 1 to 8 at the end of this subpoena.** The last date for service of this subpoena is [*date*]. (See Note 2) Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted: You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. 1. You need not comply with the subpoena unless it is accompanied by: 2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena. 3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements. 4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. 5. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena. 6. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena. 7. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AB—Subpoena to produce documents (New Zealand) Rule 7A.07(b) SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice. 1. Unless the subpoena is set aside, you must comply with the attached subpoena if: (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either: (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and 2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena. If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. **SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)** AT RESPONDENT[S][*Name of Respondent(s)*] **You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).** **Please read Notes 1 to 16 at the end of this subpoena.** The last date for service of this subpoena is [*date*]. (See Note 2) You must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or (b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to: (i) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or (ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 6–12) Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things: Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted: The Registrar County Court of Victoria [*address*] **Schedule** [*If insufficient space attach list*] 1. You need not comply with the subpoena unless it is accompanied by: 2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena. 3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements. 4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. 5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to: (a) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or (b) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. 6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection. 7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing. **Production of a number of documents or things** 8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced. **Production of copy instead of original** 9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce. 9A. The copy of a document may be: (a) a photocopy; or (b) in an electronic form that the issuing party has indicated will be acceptable. **Return or destruction of documents or copies** 10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed. 11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you. 12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena. 13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena. **Banker's book** 14. In so far as this subpoena requires production of the subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand). 15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AC—Subpoena to give evidence and produce documents (New Zealand) Rule 7A.07(c) SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice. 1. Unless the subpoena is set aside, you must comply with the attached subpoena if: (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either: (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and 2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena. If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. **SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)** AT **You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).** **Please read Notes 1 to 16 at the end of this subpoena.** The last date for service of this subpoena is [date]. (See Note 2) **Details of subpoena to give evidence** In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted: You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. **Details of subpoena to produce documents** In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or (b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to: (i) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or (ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 5–12) Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things: Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted: The Registrar County Court of Victoria [*address*] **Schedule** [*If insufficient space attach list*] 1. You need not comply with this subpoena unless it is accompanied by: 2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena. 3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements. 4. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. 5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to: (a) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or (b) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. 6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection. 7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing. **Production of a number of documents or things** 8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced. **Production of copy instead of original** 9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce. 9A. The copy of a document may be: (a) a photocopy; or (b) in an electronic form that the issuing party has indicated will be acceptable. **Return or destruction of documents or copies** 10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed. 11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you. 12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena. 13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena. **Banker's book** 14. In so far as this subpoena requires production of the subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand). 15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AD—Certificate of non-compliance with subpoena (New Zealand) Rule 7A.10(1) CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA (NEW ZEALAND) AT TO THE HIGH COURT OF NEW ZEALAND The County Court of Victoria certifies that: (a) the Court gave leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 of the Commonwealth on [*insert date of leave*]; and (b) [*person named in subpoena*] has failed to comply with the subpoena. A copy of the subpoena and a copy of the order giving leave to serve in New Zealand are annexed to this certificate. *No application to set aside the subpoena either wholly or in part has been made. OR *An application to set aside the subpoena was dismissed by order made on [*insert date*]. A copy of this order is annexed to this certificate. Form 8A—Notice of appearance Rule 8.05(1) Notice of appearance FILE an appearance for [*full name of defendant*] the abovenamed defendant. Dated: The address of the defendant is [*insert address*]. *[*Where the Service and Execution of Process Act 1992 of the Commonwealth applies*] The address for service of the defendant within Australia is [*insert address*]. *[*Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies*] The address for service of the defendant in Australia or New Zealand is [*insert address*]. *[*Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria*] The address of the defendant within Victoria for service is [*insert address*]. *[*Where neither of those Acts applies and the defendant appears by a solicitor*] The name or firm and the business address within Victoria of the solicitor for the defendant is [*insert name or firm and business* *address*]. *[*Where neither of those Acts applies and the solicitor is an agent of another*] The name or firm and business address of the principal is [*insert name or firm and business* *address*]. The email address for service of the defendant is [*insert email address*]. *delete if not applicable. Form 8B—Notice of conditional appearance Rule 8.08(2) Notice of conditional appearance FILE a conditional appearance for [*full name of defendant*] the abovenamed defendant. [*continue as in Form 8A*] Form 10A—Heading and notice of counterclaim where defendant new party Rule 10.04(5) HEADING AND NOTICE OF COUNTERCLAIM WHERE DEFENDANT NEW PARTY AT and [by original proceeding] AND BETWEEN C.D. Plaintiff and A.B. and E.F. Defendants (by counterclaim) To E.F. TAKE NOTICE that this proceeding has been brought against you by the defendant for the claim set out in this counterclaim. IF YOU INTEND TO DEFEND the claim YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below. (a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the counterclaim has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and (b) on the day you file the Notice, serving a copy, sealed by the Court, at the defendant's address for service, which is set out at the end of the counterclaim. IF YOU FAIL to file an appearance within the proper time, the defendant may OBTAIN JUDGMENT AGAINST YOU on the counterclaim without further notice. (a) where you are served with the counterclaim in Victoria, within 10 days after service; (b) where you are served with the counterclaim out of Victoria and in another part of Australia, within 21 days after service; (c) where you are served with the counterclaim in Papua New Guinea, within 28 days after service; (d) where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (e) in any other case, within 42 days after service of the counterclaim. COUNTERCLAIM [*Set out in separate, consecutively numbered paragraphs all the material facts relied upon or the counterclaim and state precisely the relief claimed*.] The address of the defendant is— The address for service of the defendant is— *[*Strike out this paragraph where order made fixing time for appearance and substitute* "THE PROPER TIME TO FILE AN APPEARANCE *is within days after service on you of this counterclaim*."] Form 10B—Notice of appearance to counterclaim Rule 10.04(6) [*heading as in Form 10A*] Notice of appearance to counterclaim FILE an appearance for [*full name of defendant to counterclaim*] the abovenamed defendant to the counterclaim of the defendant. [*continue as in Form 8A*] Form 11A—Third party notice Rules 11.02, 11.15(4) THIRD PARTY NOTICE AT and and E.F. Third Party To E.F. TAKE NOTICE that the plaintiff has brought this proceeding against the defendant for the claim set out in the writ and statement of claim [*or* originating motion and affidavit[s]] served herewith. AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the grounds set out in the defendant's defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice. IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below. (a) filing a "Notice of Appearance" in the Registrar's office in the County Court Registry, William Street, Melbourne, or, where the writ has been filed in the office of a Registrar out of Melbourne, in the office of that Registrar; and (b) on the day you file the Notice, serving a copy, sealed by the Court at the defendant's address for service, which is set out at the end of this notice. IF YOU FAIL to file an appearance within the proper time you will be taken to admit the validity of any judgment against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN JUDGMENT AGAINST YOU without further notice. (a) where you are served with the notice in Victoria, within 10 days after service; (b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service; (c) where you are served with the notice in Papua New Guinea, within 28 days after service; (d) where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (e) in any other case, within 42 days after service of the notice. STATEMENT OF CLAIM [*Set out in separate, consecutively numbered paragraphs all the material facts relied upon for the claim against the third party and state precisely the relief claimed*.] 1. **This notice was filed— (a) by the defendant in person; (b) for the defendant by [*name or firm of solicitor*], solicitor, of [*business address of solicitor*]; (c) for the defendant by [*name or firm of solicitor*], solicitor, of [*business address of solicitor*] as agent for [*name or firm of principal solicitor*], solicitor, of [*business address of principal*]. 2. The address of the defendant is— 3. The address for service of the defendant is— 3A. The email address for service of the defendant is— 4. The address of the third party is— *[*Strike out this paragraph where order made fixing time for appearance and substitute* "THE PROPER TIME TO FILE AN APPEARANCE *is within days after service on you of this notice.*"] Form 11B—Person liable in respect of damage claiming contribution against another Rule 11.15(5) Person liable in respect of damage claiming contribution against another TO THE DEFENDANT [*name*] TAKE NOTICE that the plaintiff has brought this proceeding against the defendant, to recover damages for loss sustained [*e.g.* as the result of a collision between a motor car driven by you and a motor car driven by the defendant , which is alleged to have been caused by the negligence of the defendant]. AND TAKE NOTICE that the defendant , claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover herein against the defendant to the extent of such amount as may be found by the Court to be just and equitable having regard to the extent of your responsibility for such damages [*e.g.* on the ground that your negligence contributed to the happening of the collision]. Form 12A—Notice of claim to goods taken in execution Rule 12.05(1) Notice of claim to goods taken in execution TAKE NOTICE that A.B. has claimed the goods [*or* certain goods] [*where only certain goods are claimed here enumerate them*] taken in execution by the sheriff under the warrant of execution issued in this proceeding. WITHIN five days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of A.B. to the goods. IF you do not within the period of five days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of five days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given. Sheriff Form 15A—Order approving compromise of claim of minor Rule 15.08(6) ORDER APPROVING COMPROMISE OF CLAIM OF MINOR 1. The plaintiff was born on [*date*]. 2. By a compromise entered into on [*date*] the defendant proposes to pay and the plaintiff desires to accept [*amount*] for the benefit of the plaintiff together with the plaintiff's costs, including the cost of this application, in full settlement of the plaintiff's claim in the proceeding. 3. The Court read the following material: (a) affidavit of [*name of deponent*] *sworn/*affirmed on [*date*]; (b) affidavit of [*name of deponent*] *sworn/*affirmed on [*date*]; (c) the exhibits to the affidavits including the opinion of [*name*] of Counsel dated [*date*]. 4. The defendant consents to the proposed compromise. 5. The Court is not aware of any legal disability of the plaintiff save for his or her minority and if the funds were to be paid out in accordance with an order of the Court the funds would be paid out upon the plaintiff attaining the age of 18 years. *or,* *if the plaintiff is under a legal disability other than or in addition to minority—* *5. [*Name of plaintiff*] is a person under a legal disability, and if the funds were to be held by the Court, the funds would not be paid out without further order of the Court. *6. (*If there has been a delay of more than 30 days in application for* *approval of the compromise*) Although the compromise was entered into on [*date*], no application for approval of the compromise was made to the Court until [*insert details of any explanation for delay*]. 1. The compromise be approved. 2. The defendant within [*number of days*] days after service of a copy of this order: (a) pay [*amount*] to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff; (*and, if appropriate*) *(b) pay [*amount*] to the solicitors for the plaintiff, to be disbursed or retained by them in payment of the items totalling [*amount*] referred to in the affidavit of [*name*] sworn/*affirmed on [*date*]. 3. The defendant pay the plaintiff the costs of the plaintiff, including the costs of this application to be taxed on Scale [*appropriate Scale*]. 4. Upon payment by the defendant of the amount and costs referred to, the proceeding is forever stayed. 5. Each party have liberty to apply. 6. A copy of the affidavits and the exhibits to the affidavits be sent to the solicitor to the Senior Master and the original exhibits be retained on the Court file. DATE AUTHENTICATED Judge [*or* associate judge] *[*Strike out as appropriate*] Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor Rule 15.08(6) ORDER APPROVING COMPROMISE OF CLAIM UNDER PART III OF WRONGS ACT FOR BENEFIT OF MINOR 1. The names and dates of birth of the minors on whose behalf the proceeding is brought are: [*name*] [*date of birth*]. [*name*] [*date of birth*]. 2. By a compromise entered into on [*date*] the defendant proposes to pay and the plaintiff desires to accept [*amount*] for the benefit of the plaintiff and [*amount*] and [*amount*], respectively, for the minors referred to above, together with the plaintiff's costs, including the cost of this application, in full settlement of the plaintiff's claim in the proceeding. 3. The Court read the following material: (a) affidavit of [*name of deponent*] *sworn/*affirmed on [*date*]; (b) affidavit of [*name of deponent*] *sworn/*affirmed on [*date*]; (c) the exhibits to the affidavits including the opinion of [*name*] of Counsel dated [*date*]. 4. The defendant consents to the proposed compromise. 5. The Court is not aware of any legal disability of the minors referred to above save for their minority and if the funds were to be paid out in accordance with an order of the Court the funds would be paid out upon the minors respectively attaining the age of 18 years. *or,* *if a minor is under a legal disability other than or in addition to minority—* *5. [*Name of minor*] is under a legal disability and, if the funds were to be held by the Court, the funds would not be paid without further order of the Court. *6. (*If there has been a delay of more than 30 days in application for* *approval of the compromise*) Although the compromise was entered into on [*date*], no application for approval of the compromise was made to the Court until [*insert details of any explanation for delay*]. 1. The compromise be approved. 2. The defendant within [*number of days*] days after service of a copy of this order: (a) pay [*amount*] to the Senior Master of the Supreme Court to be held in that Court on behalf of the plaintiff and [*amount*] for the benefit of [*name*] and [*amount*] for the benefit of [*name*]. (*and, if appropriate*) *(b) pay [*amount*] to the solicitors for the plaintiff, to be disbursed or retained by them in payment of the items totalling [*amount*] referred to in the affidavit of [*name*] sworn/*affirmed on [*date*]. 3. The defendant pay the plaintiff the costs of the plaintiff, including the costs of this application to be taxed on Scale [*appropriate Scale*]. 4. Upon payment by the defendant of the amount and costs referred to, the proceeding is forever stayed. 5. Each party have liberty to apply. 6. A copy of the affidavits and the exhibits to the affidavits be sent to the solicitor to the Senior Master and the original exhibits be retained on the Court file. DATE AUTHENTICATED Judge [*or* associate judge] *[*Strike out as appropriate*] Form 19A—Notice of a constitutional matter Rule 19.02(3) Notice of a constitutional matter 1. The [*party whose case raises the matter*] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth. 2. [*State specifically the nature of the matter*]. 3. [*State the facts showing the matter is one to which section 78B of the* Judiciary Act 1903 *applies*]. To the Registrar And to Form 21A inserted by S.R. No. 73/2023 rule 8. Form 21A—Notice of intention to enter or apply for judgment in default of defence Rule 21.02(1) Notice of intention to enter or apply for judgment in default of defence To the defendant [*name*] YOU have failed to serve a defence within the time limited by the Rules [*or as directed by order of the Court on e.g*. *20 June 20* ]. TAKE NOTICE that unless you serve a defence within 7 days of the day of service of this notice on you the plaintiff will enter or apply to the Court for default judgment against you. Form 28—Filing confirmation notice Rule 28.11(2) Filing confirmation notice AT [*court location*] To [*name of firm or legal practitioner*] An electronic copy of the following document— [*document name*] was filed in the County Court in this proceeding under Part 2 of Order 28 on [*date/time*]. **CASE DETAILS** **Case Number:** [*case number*] **Case Description:** [*case description*] **Court Location:** [*court location*] **Case Type:** [*case type*] **Cause of Action:** [*cause of action*] **Your Reference:** [*your reference*] [*facsimile of Court seal*] The attached document has been filed in the County Court of Victoria. This document must be retained as proof of filing of the attached document—refer to Rules 28.04A and 40.08. DATED: [*filing date/time*] Registrar Form 29A—Notice for discovery Rule 29.02(2) Notice for discovery YOU are required to give discovery of documents within 42 days after service of this notice on you. Form 29B—Affidavit of documents Rule 29.04 AFFIDAVIT OF DOCUMENTS I, the abovenamed , make oath and say as follows: 1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered. 2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground— (a) as to documents numbered 4 to 6, that [*state the ground*]; (b) as to document numbered 7, that [*state the ground*]. 3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered. 4. Document numbered 8, referred to in Schedule 2, was last in my possession, custody or power on [*state when*] and I believe that [*state belief as to what has become of it*]. 5. To the best of my knowledge, information and belief neither I nor my solicitor nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2. *6. In making a reasonable search as required by Rule 29.01.1 of Chapter I of the Rules of the County Court, I did not search for the following category or class of document [*specify which category or class of document for which no search was made*]. *7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [*specify reason*]. [*Describe each document in the Schedules as original or copy.*] Schedule 1 1. 2. 3. 4. 5. 6. 7.