THIS guarantee is made the day of 20 , between [name] of [address], called "the guarantor", and the Registrar of the County Court of the State of Victoria.
By an order of the County Court of the State of Victoria made
[insert date of order], in the abovementioned proceeding, [name] of [address], called "the receiver", has been appointed to receive [or receive and manage] [follow words of the order].
And pursuant to the said order the receiver is required to give security approved by the Court.
And the guarantor has agreed at the request of the receiver to give a guarantee in consideration of the annual premium mentioned below, which guarantee has been approved by the Court in testimony whereof an associate judge of the County Court has signed an allowance in the margin of this deed.
This guarantee witnesses that the guarantor promises the Registrar that if the receiver does not account to the Court for what the receiver receives as receiver or does not deal with what the receiver receives as the Court directs the guarantor will pay to the Registrar whatever is required to make good the default to a limit of $ .
Guarantee for $ . Annual premium $ .
The Common Seal of)
was)
affixed to this deed in)
the presence of)
Form 41A—Order for examination within Victoria
Rule 41.01(2)
Order for examination within Victoria
[name] of [address within Victoria] be examined before [name and address or description of examiner].
Form 41B—Order for examination out of Victoria
Rule 41.01(2)
ORDER FOR EXAMINATION OUT OF VICTORIA
[name and address or description] be appointed as examiner for the purpose of taking the examination, cross-examination and re‑examination orally on oath or affirmation of a witness [name] of [address out of Victoria] a witness on the part of at in [name of country].
The examiner be at liberty to invite the attendance of* the witness and the production of documents, but shall not exercise any compulsory powers, and that otherwise the examination be taken in accordance with the procedure of Victoria.
Section 3 - County Court Civil Procedure Rules 2018 - See Practice Note paragraph 18. | Zoe
The solicitors give to the solicitors day's notice of the date on which they propose to send out this order to for execution, and
that days after the service of such notice the solicitors for the plaintiff and defendant respectively exchange the names of their agents at to whom notice relating to the examination of the said witness may be sent.
days before the examination of the said witness notice of such examination be given by the agent to the party on whose behalf the witness is to be examined to the agent of the other party, unless such notice be dispensed with.
The depositions when taken, together with any documents referred to in the depositions, or certified copies of such documents, or of extracts from those documents, be sent by the examiner, under seal, to the Registrar of the County Court of Victoria, William Street, Melbourne, on or before 20 or such further day as may be ordered, there to be filed in the Registrar's office.
The trial of the proceeding be stayed until the depositions are filed or further order.
The costs of this application and the examination be costs in the proceeding.
*[If any Convention which applies requires that the invitation or notice to the witness shall expressly state that no compulsory powers may be exercised, this shall be done.]
Form 41AA—Notice of application for audio visual link or audio link
Rule 41A.02
Notice of application for audio visual link or audio link
PART 1—PARTICULARS OF APPLICATION
I, [name of applicant]
of [address of applicant or firm of solicitor for applicant]
request an *audio visual/*audio link under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 in accordance with the following details:
*Audio visual/*Audio link:
From [originating city/town]
To [receiving city/town]
Type of hearing: [*e.g. **Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]
Number of persons to appear before, or give evidence by *audio visual/*audio link:
Suggested time (if any) for link:
Estimate of duration of link:
Is this application being made with the consent of the parties to the proceeding?
If the answer to question 6 is No, what parties have not given consent?
If a hearing date has been fixed, what is the date of the hearing?
I undertake to pay, in the first instance, the appropriate amount (if any) prescribed by the regulations (if any) under section 42H(1) of the Act.
[Signature]
PART 2—PARTICULARS OF HEARING
(to be completed by the Registrar)
The application will be heard before the Judge in the Court, [or the associate judge in the Court] 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.
*delete if not applicable.
Form 41BA inserted by S.R. No. 77/2023 rule 5.
Form 41BA—Notice of intention to apply for leave in relation to confidential communication
Rule 41B.01
notice of intention to apply for leave in relation to confidential communication
(Section 32CA(1) of the Evidence (Miscellaneous Provisions) Act 1958)
I, [name of applicant]
intend to apply on [date] at [time] in the County Court, 250 William Street, Melbourne for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958:
*to issue a subpoena for the production of a document which may contain
*to produce a document which may disclose
*to adduce evidence of, or to adduce a document which may record,
a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958).
The nature of the confidential communication sought to be produced or adduced is: [provide details]
The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958.
*You are not required to produce the document which may contain a confidential communication unless the Court makes an order under section 32C(1)(a) or 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958.
[Signature]
NOTE:
This notice duly completed must be served upon:
• each other party to the proceeding; and
• the medical practitioner or counsellor (as the case requires, if not a party); and
• the protected person
not less than 14 days before the date for the hearing of the application.
Form 41BB inserted by S.R. No. 77/2023 rule 5.
Form 41BB—Declaration by proposed recipient of the subpoena—physical production
Rule 41B.03
DECLARATION BY PROPOSED RECIPIENT OF THE SUBPOENA—PHYSICAL PRODUCTION
You must complete the declaration below if the Court makes an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 requiring you to produce the document to the Court and you physically produce the document. The completed declaration must accompany the documents you produce to the Court in compliance with the order.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies—
(a) if leave is not granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of three days from the determination of the application for leave; or
(b) if leave is granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing a confidential communication, after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in compliance with the order of the Court are copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in compliance with the order of the Court is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of proposed recipient]
[name of proposed recipient]
Form 42A amended by S.R. No. 81/2023 rule 25.
Form 42A—Subpoena to attend to give evidence
Rule 42.03(1)(a)
Subpoena to attend to give evidence
YOU ARE ORDERED to attend to give evidence: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
You are required by this subpoena to attend to give evidence and 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.
Subject to Note 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.
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.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under the subpoena.
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 any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 7 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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 42B substituted by S.R. No. 81/2023 rule 26.
Form 42B—Subpoena to produce
Rule 42.03(1)(b)
Subpoena to produce
YOU ARE ORDERED to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b) leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:
If leave is granted for physical production of a document under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 5 and 6)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court]
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
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.
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.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Leave to comply with subpoena for a document by physical production
Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with a subpoena for a document by physical production of the documents or things instead of electronic production.
Instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 5 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a document or thing in accordance with Rule 42.06(4)(b) of Chapter I of the Rules of the County Court, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
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.
If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
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 respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 13 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 42C substituted by S.R. No. 81/2023 rule 26.
Form 42C—Subpoena both to attend to give evidence and to produce
Rule 42.03(1)(c)
Subpoena both to attend to give evidence
and to produce
YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
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.
In so far as you are required by this subpoena to produce a copy of the subpoena and a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b) leave is granted for physical production under Rule 42.06(3B) of Chapter I of the Rules of the County Court:
If leave is granted for physical production of a document under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
In so far as you are required by this subpoena to produce the subpoena or a copy of it and a thing, or a document or a thing following a grant of leave under Rule 42.06(3B) of Chapter I of the Rules of the County Court, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 6 and 7)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court]
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
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.
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.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
Leave to comply with subpoena by physical production
In so far as this subpoena requires production of a copy of the subpoena and documents, Rule 42.06(3B) of Chapter I of the Rules of the County Court provides for the Registrar or the Court to grant leave to an addressee to comply with the subpoena by physical production of the documents or things instead of electronic production.
In so far as this subpoena requires production of the subpoena (or a copy of it) and things, instead of attending to produce this subpoena (or a copy of it) and the things, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
If leave has been granted under Rule 42.06(3B) of Chapter I of the Rules of the County Court, Note 6 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a document or thing in accordance with Rule 42.06(4)(b) of Chapter I of the Rules of the County Court, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
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.
If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
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 any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 14 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42.06(3B) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 42AA substituted by S.R. No. 81/2023 rule 26.
Form 42AA—Subpoena for production to registrar
Rule 42A.03(1)
Subpoena for production to registrar
YOU ARE ORDERED to produce to the Registrar this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must also complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or on the date specified for production.
Date by which to produce a copy of the subpoena and electronic copies of the documents unless:
(a) you receive notice of a later date from the issuing party, in which case, the later date is substituted; or
(b) leave is granted for physical production under Rule 42A.05(2) of Chapter I of the Rules of the County Court:
If leave is granted for physical production of a document under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, you must comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below so that they are received on or before the date for production specified below:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted under Rule 42A.05(2)of Chapter I of the Rules of the County Court]
Date for production:
The address of the Registrar to which the subpoena (or copy) and documents or things must be delivered or sent is:
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.
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.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Question concerning subpoena
Any question concerning this subpoena should be directed not to the Court but to the solicitor for the party at whose request the subpoena was issued.
Availability of documents and things for inspection and at trial
All documents and things produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following Notes, may be inspected or copied in the meantime by each party to the proceeding and each party's solicitor, and copies taken.
Objection by addressee to production or inspection
If you are required by this subpoena to produce documents or things, and you object to producing the documents or things, you must, before the day specified in the subpoena—
(a) for production of a document in eCase or physical production of a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a thing without a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in writing to the Registrar of your objection and of the grounds of your objection.
If you are the person required by this subpoena to produce documents or things, and you object to the documents or things being inspected or copied by any one or more of the parties to the proceeding, you must give notice—
(a) in eCase, or
(b) if the document or thing is to be physically produced, in writing to the Registrar—
of your objection and of the grounds of your objection before the day specified in the subpoena for the production of the documents or things.
The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
Objection by party served with subpoena to inspection
If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents or things being inspected or copied by another party to the proceeding, you must, before the day specified in the subpoena—
(a) for production of a document in eCase or physical production of a document or thing following a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a thing without a grant of leave under Rule 42A.05(2) of Chapter I of the Rules of the County Court, give notice in writing to the Registrar of your objection and of the grounds of your objection.
The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
Objection by plaintiff to production of hospital or medical file or record
If you are the plaintiff in this proceeding and this subpoena seeks from another person the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect or copy the file or record produced. After inspecting, you may notify any objection you have to inspection or copying of that file or record by any other party, provided that you make your inspection or copying and notify your objection and the grounds of that objection, if any, within 14 days after the day specified in the subpoena for production.
Obligation of issuing party after objection
If you are the party at whose request the subpoena was issued and any objection is taken, either to the production of the documents or things or to their being inspected or copied, you will be informed by the Registrar of the objection and of the time and place when the objection will be heard. You are required promptly to inform the addressee in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.
Removal of document or thing
Documents or things physically produced in compliance with this subpoena may not be removed from the custody of the Registrar, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42A.11(2) of Chapter I of the Rules of the County Court is then relevant—
"(2) A solicitor who signs an application under paragraph (1) and removes a document or thing from the office of the Registrar, undertakes to the Court by force of this Rule that—
(a) the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and
(b) the document or thing will be returned to the office of the Registrar in the same condition, order and packaging in which it was removed, as and when directed by the Registrar.".
A breach of this undertaking may be dealt with as a contempt of court.
If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
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 respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 18 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County 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.
You must complete the declaration below if leave is granted for physical production of the documents under Rule 42A.05(2) of Chapter I of the Rules of the County Court. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 42AB revoked by S.R. No. 29/2019 rule 8.
Form 43A substituted by S.R. No. 158/2021 rule 10.
Form 43A—Certificate identifying exhibit or exhibits
Rule 43.06(5)
Certificate Identifying Exhibit or exhibits
[heading as in affidavit]
*This is the exhibit marked [e.g. "ABC1"]/*These are the exhibits marked [list exhibits in bundle of documents or bundle of confidential documents as applicable e.g. "ABC1", "DEF2" etc] now produced and shown to [identifydeponent] at the time of swearing or affirming the person's affidavit on [date].
[Signature of deponent]
[Signature of person taking affidavit]
[state distinguishing mark of exhibit or exhibits
and briefly and specifically describe each exhibit,
bundle of documents or bundle of confidential
documents, as applicable [use a schedule if
insufficient space]: e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09]†
† print distinguishing mark and description in bold type and in a font size not less than 20 points in bottom right hand corner of the page.
Form 44A—Expert witness code of conduct
Rule 44.01
Expert witness code of conduct
Application of Code
This Code of Conduct applies to any expert witness engaged or appointed—
(a) to provide an expert's report for use as evidence in proceedings or proposed proceedings; or
(b) to give opinion evidence in proceedings or proposed proceedings.
General Duties to the Court
An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the Court impartially on matters relevant to the area of expertise of the witness.
Content of Report
Every report prepared by an expert witness for use in Court shall clearly state the opinion or opinions of the expert and shall state, specify or provide—
(a) the name and address of the expert;
(b) an acknowledgment that the expert has read this code and agrees to be bound by it;
(c) the qualifications of the expert to prepare the report;
(d) the assumptions and material facts on which each opinion expressed in the report is based (a letter of instructions may be annexed);
(e) the reasons for and any literature or other materials utilised in support of each such opinion;
(f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise;
(g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;
(h) to the extent to which any opinion which the expert has expressed involves the acceptance of another person's opinion, the identification of that other person and opinion expressed by that other person;
(i) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, (save for any matters identified explicitly in the report) and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;
(j) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate;
(k) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason; and
(l) where the report is lengthy or complex, a brief summary of the report at the beginning of the report.
Supplementary Report Following Change of Opinion
Where an expert witness has provided to a party (or that party's legal representative) a report for use in Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i), (j), (k) and (l) of clause 3 of this code and, if applicable, paragraph (f) of that clause.
In any subsequent report (whether prepared in accordance with clause 4 or not) the expert may refer to material contained in the earlier report without repeating it.
Duty to Comply with the Court's Directions
If directed to do so by the Court, an expert witness shall—
(a) confer with any other expert witness;
(b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing; and
(c) abide in a timely way by any direction of the Court.
Conference of Experts
Each expert witness shall—
(a) exercise his or her independent judgment in relation to every conference in which the expert participates pursuant to a direction of the Court and in relation to each report thereafter provided, and shall not act on any instruction or request to withhold or avoid agreement; and
(b) endeavour to reach agreement with the other expert witness (or witnesses) on any issue in dispute between them, or failing agreement, endeavour to identify and clarify the basis of disagreement on the issues which are in dispute.
Form 44AA inserted by S.R. No. 130/2023 rule 6.
Form 44AA—Court interpreters' Code of Conduct
Rule 44A.01
Court Interpreters' code of conduct
Application of code
This Code of Conduct applies to any person (the interpreter) who, whether or not for fee or any other reward, is engaged, appointed, volunteers or otherwise becomes involved in a proceeding or proposed proceeding to act as an interpreter by interpreting or sight translating from any spoken or signed language (the other language) into English and from English into the other language for any person.
General duty to the Court
An interpreter has an overriding duty to assist the Court impartially.
An interpreter's paramount duty is to the Court and not to any party to or witness in the proceeding, including the person retaining or paying the interpreter.
An interpreter is not an advocate, agent or assistant for a party or witness.
Duty to comply with directions
An interpreter must comply with any direction of the Court.
Duty of accuracy
An interpreter must at all times use the interpreter's best judgement to be accurate in the interpreter's interpretation or sight translation.
In this code, accurately, in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.
If an interpreter considers that the interpreter's interpretation or sight translation is or could be in any way inaccurate or incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then the interpreter must—
(a) immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to that party; and
(b) if the evidence is being given or was given in court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.
Duty of impartiality
An interpreter must at all times act impartially so as to be without bias in favour of or against any person including but not limited to the witness whose evidence the interpreter is interpreting, the party who has engaged or is remunerating the interpreter or any other party to or person involved in the proceeding or proposed proceeding.
Unless the Court otherwise orders, an interpreter must not accept an engagement or appointment to act as an interpreter in relation to a proceeding or proposed proceeding if the interpreter—
(a) is or may become a party or a witness;
(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the interpreter's engagement or employment); or
(d) is or may be unable to fulfil the interpreter's duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs or cultural or other circumstances.
Other than carrying out an engagement or appointment as an interpreter, the interpreter must not provide any other assistance, service or advice (including by way of elaboration) to—
(a) the party, legal practitioner or other person who has engaged them; or
(b) any witness or potential witness, in relation to the proceeding or proposed proceeding.
Duty of competence
An interpreter must only undertake work the interpreter is competent to perform in the languages for which the interpreter is qualified by reason of the interpreter's training, qualifications or experience.
If it becomes apparent in the course of a matter that expertise beyond the interpreter's competence is required, the interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.
Confidentiality
Subject to compulsion of law, an interpreter must keep confidential any information that the interpreter acquires in the course of the engagement or appointment as an interpreter (including any communication subject to client legal privilege) unless—
(a) that information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or
(b) the beneficiary of the client legal privilege has waived that privilege.
Form 45A—Summons on originating motion
Rules 45.04(2), 45.05(6)
Summons on originating motion
To: [identify each party or other person to whom summons is addressed and state address of each person not a party.]
You are summoned to attend before the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows: [describe the judgment or order sought].
The application will be heard before the Court on [insert date]
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
The Court may, as appropriate—
(a) hear and determine the application;
(b) give the judgment or make the order;
(c) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.
This summons was filed by of solicitor for the plaintiff.
Form 46A—Summons
Rule 46.04(1)
Summons
To: [identify each party or other person to whom summons is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of an application by the for [describe the order sought].
The application will be heard before the Judge in the Court [or the associate judge in the Court] William Street, Melbourne, on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
This summons was filed by of , solicitor for the [identify party].
Form 53A—Judgment in summary proceeding for recovery of land
Rule 53.07(2)
[heading as in Form 5E]
[other particulars as in Form 60A]
Judgment in summary proceeding for recovery of land
The plaintiff recover possession of the land described in the originating motion as [description of land*] [where there is a defendant and that the defendant pay the plaintiff $ costs] [or pay the plaintiff's costs to be assessed].
[other particulars as in Form 60D]
*[Note: The land should be so described as to be physically identifiable.]
Form 53B—Warrant of possession in summary proceeding for recovery of land
Rules 53.08(3), 68.08
[heading as in Form 5E]
Warrant of possession in summary proceeding for recovery of land
In respect of the judgment dated [insert date] by which it was adjudged that the plaintiff recover possession of the land described in the schedule [where there is a defendant and that the defendant pay the plaintiff
$ costs or the plaintiff's costs, which have been taxed at $ ]. Enter The Land and cause the plaintiff to have possession of it [where there is a defendant, and levy on the property of the defendant which is authorised by law to be taken in execution for [continue as in Form 68A as for a levy for costs only] And Indorse [continue as in Form 68A].
[Describe land as in judgment]
Issued [insert date].
By the Court
Issued at the request of the plaintiff.
[where there is a defendant] The last known address of the defendant [continue as in Form 68A].
Form 59A—Notice of judgment
Rule 59.05(4)
Notice of judgment
TAKE NOTICE that—
A judgment [or An order] of the Court was given [or made] on [insert date] by which it was [state substance of judgment or order].
From the time of service of this notice you [or some other person, naming that person, as the case may be] will be bound by the judgment [or order] to the same extent as you [or that person] would have been if you [or that person] were a party on the day the judgment [or order] was given [or made].
Without filing an appearance, you [or the other person] may apply by summons filed within 28 days after service of this notice for an order that the judgment [or order] be set aside or varied.
After filing an appearance, you [or the other person] may attend on the taking of the account or the making of the inquiry under the judgment [or order].
Form 60A—General form of judgment given
General form of judgment given
JUDGMENT
JUDGE [or ASSOCIATE JUDGE or JUDICIAL REGISTRAR]:
DATE GIVEN: [insert date].
ORIGINATING PROCESS: [e.g. Writ] [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [e.g. By plaintiff's summons dated 15 June 20 ] [state whether on application by or without summons before trial with date of summons or application, or at a trial with date of commencement of trial]
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court]
[terms of judgment]
Form 60B—General form of judgment entered
General form of judgment entered
JUDGMENT
DATE ENTERED:
ORIGINATING PROCESS: [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [state whether in default of appearance or defence or otherwise]
[terms of judgment]
Form 60C—General form of order
General form of order
ORDER
ORIGINATING PROCESS: [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [state whether on application by or without summons, identifying party filing summons or, if no summons, making application, and whether application made before trial with date of summons or application, or at trial with date of commencement of trial]
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court]
[terms of order]
Form 60D—Judgment at trial by judge without a jury
Judgment at trial by Judge without a jury
DATE GIVEN:
HOW OBTAINED: Trial without a jury, commenced on [insert date].
The defendant personally and by the defendant's servants and agents be perpetually restrained from [as the case may be].
or
Form 60E—Judgment at trial by judge with a jury
Judgment at trial by Judge with a jury
DATE GIVEN:
HOW OBTAINED: Trial with a jury of six, commenced on [date]
OTHER MATTERS: [set out findings of jury]
The defendant pay the plaintiff $ and costs to be taxed.
or
Form 60F—Judgment or order at trial of preliminary question
Judgment or order at trial of preliminary question
DATE GIVEN [or MADE]:
HOW OBTAINED: Trial of question pursuant to order [identify order], commenced on
OTHER MATTERS: The Court finds that:
[state findings of Court]
The defendant pay the plaintiff $ and costs to be taxed.
or
[or THE COURT ORDERS THAT]:
The proceeding be set down for trial at [or as the case may be]
Form 60G—Default judgment for debt
Default judgment for debt
[e.g.] The defendant pay the plaintiff $ and $ costs [or costs to be taxed].
Form 60H—Default judgment for recovery of land
Default judgment for recovery of land
The plaintiff recover possession of the land described in the indorsement of claim on the writ as [description of land*] and that the defendant pay the plaintiff $ costs [or pay the plaintiff's costs to be taxed].
*[Note: The land should be so described as to be physically identifiable.]
Form 60J—Interlocutory or interlocutory and final judgment for
damages or value in default
Interlocutory or interlocutory and final judgment for damages or value in default
The defendant pay the plaintiff damages to be assessed and $ costs [or costs to be taxed].
HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.
The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [or as the case may be].
[Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at the plaintiff's option enter interlocutory judgment by omitting the words below the line in the form and obtain the authentication of a separate final judgment in Form 60K].
Form 60K—Final judgment for damages or value in default
Final judgment for damages or value in default
HOW OBTAINED: Assessment of damages [or value] pursuant to interlocutory judgment entered on in default of appearance [or defence].
The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [or as the case may be].
Form 60L—Interlocutory or interlocutory and final judgment for
detention of goods in default
Interlocutory or interlocutory and final judgment for detention of goods in default
The defendant deliver to the plaintiff the goods described in the indorsement of claim on the writ as [description of goods] or pay the plaintiff the value of the goods to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].
or
The defendant pay the plaintiff the value of the goods described in the indorsement of claim on the writ to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].
HOW OBTAINED: Assessment of [complete appropriately] pursuant to interlocutory judgment.
The defendant pay the plaintiff $ , the amount of the assessed value of $ [and the assessed damages or the assessed damages] and costs to be taxed [or as the case may be].
[Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at the plaintiff's option enter interlocutory judgment by omitting the words below the line in the form and obtain the authentication of a separate final judgment in Form 60K].
Form 61A—Application to Registrar for order for payment of judgment
debt by instalments
Rule 61.02(1)(a)
Application to registrar for order for payment of judgment debt by instalments
This application is made to a Registrar by the [judgment creditor or judgment debtor] of [usual place of residence or of business or registered office] with respect to the judgment for the [judgment creditor] against the [judgment debtor] in the County Court dated the [insert date] for $ and costs.
The [judgment creditor or judgment debtor] hereby applies for an order for the payment by instalments of the sum owing under the judgment as follows:
[state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
The grounds on which the application is made are [complete appropriately].
The address for service of the [judgment creditor or judgment debtor] is
The usual or last known place of residence or of business or registered office of the [judgment debtor or judgment creditor] is
[Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C.]
Form 61B—Application to Registrar for order in substitution for order for payment of judgment debt by instalments
Rule 61.02(1)(b)
Application to registrar for order in substitution for order for payment of judgment debt by instalments
This application is made to a Registrar by the [judgment creditor or judgment debtor] of [usual place of residence or of business or registered office] with respect to the judgment for the [judgment creditor] against the [judgment debtor] in the County Court dated [insert date] for $ and costs.
On 20 an order was made that the [judgment debtor] pay $ , the sum then owing under the judgment, by instalments as follows: [insert terms of order]. The [judgment debtor] has duly paid the instalments in accordance with the order [or has failed to pay the instalments which under the order were due on and the instalments are now in arrears in the sum of
$ ].
The [judgment creditor or judgment debtor] hereby applies for an order in substitution for the order made on 20 namely, for an order for the payment of $ , the sum owing under the judgment, by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
The grounds on which the application is made are:
[include particulars of any material change in the circumstances of the judgment debtor since the date of the order].
The address for service of the [judgment creditor or judgment debtor] is .
The usual or last known place of residence or of business or registered office of the [judgment debtor or judgment creditor] is
[Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C.]
Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments
Rule 61.02(2)
Application to the court for variation or cancellation of order for payment of judgment debt by instalments
This application is made to the Court by the [judgment creditor or judgment debtor] of [usual place of residence or of business or registered office] with respect to the judgment for the [judgment creditor] against the [judgment debtor] in the County Court dated [insert date] for $ and costs.
On [insert date] an order was made that the [judgment debtor] pay $
the sum then owing under the judgment, by instalments as follows: [insert terms of order]. The [judgment debtor] has duly paid the instalments in accordance with the order [or has failed to pay the instalments which under the order were due on and the instalments are now in arrears in the sum of $ ].
The [judgment creditor or judgment debtor] hereby applies for an order that the order made on [insert date] be varied as follows: [give particulars of variation sought stating amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid under the order as varied] [or be cancelled].
The grounds on which the application is made are:
[Where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order.]
[Where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate.]
TAKE NOTICE that the application will be heard before the Judge in
the Court, 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.
The address for service of the [judgment creditor or judgment debtor]
is .
The usual or last known place of residence or of business or registered office of the [judgment debtor or judgment creditor] is .
[Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C.]
Form 61D—Order relating to payment of judgment debt by instalments
Rule 61.02(5)
[follow form 60C except as below]
Order relating to payment of judgment debt by instalments
The [judgment debtor] pay to the [judgment creditor] $ , being the sum owing in respect of a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] by instalments as follows:
[state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
or
The following order be substituted for the order made on 20
that the [judgment debtor] pay by instalments $ which was then owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date].
or
The order made on 20 that the [judgment debtor] pay by instalments $ which was then owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] be varied as follows:
or
The order made on 20 that the [judgment debtor] pay by instalments $ which was then owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] be cancelled [or be confirmed and the application dismissed].
Form 61E—Notice of order or refusal of order by Registrar for payment of judgment debt by instalments
Rule 61.02(6)
Notice of order or refusal of order by registrar for payment of judgment debt by instalments
TAKE NOTICE that on 20 I made an order on the application of the [judgment creditor or judgment debtor] that the [judgment debtor] pay to the [judgment creditor] $ , being the sum owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] by instalments as follows: [state amount of each instalment, weekly, monthly or other period of payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
or
that on 20 I refused an application by the [judgment creditor or judgment debtor] for an order that the [judgment debtor] pay by instalments
$ , being the sum owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date].
Note: If you are dissatisfied with the order or refusal referred to in this Notice you may file a Note of Objection with the Registrar within 14 days after receipt by you of this Notice. The Notice of Objection should be in Form No. 61F of Chapter I of the Rules of the County Court.
Form 61F—Notice of objection
Rule 61.02(7)
Notice of objection
To Registrar
TAKE NOTICE that the [judgment creditor or judgment debtor] of [usual place of residence or of business or registered office] objects to the order made on 20 that [complete appropriately].
or
to the refusal on 20 of an application by the [judgment creditor or judgment debtor] for an order that [complete appropriately].
The address for service of the [judgment creditor or judgment debtor] is .
Signature of objector or objector's solicitor
Form 61G—Notice of hearing of objection
Rule 61.02(9)
Notice of hearing of objection
TAKE NOTICE that the [judgment creditor or judgment debtor] has filed notice of objection to an order of Registrar made
on [insert date] on the application of the [judgment creditor or judgment debtor] that [complete appropriately] [or to the refusal by Registrar on [insert date] of an application by the [judgment creditor or judgment debtor] for an order that [complete appropriately].
The objection will be heard in the Court of 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.
Form 61H—Notice by Court relating to payment of judgment debt
by instalments
Rule 61.02(10)
NOTICE BY COURT RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
This Notice is given in relation to the judgment dated [insertdate] by which it was adjudged that the [judgment debtor] pay to the [judgment creditor] $ and costs.
[to be completed where the Registrar has refused to order the payment of the judgment debt by instalments].
On 20 the Registrar refused an application by the [judgment creditor or judgment debtor] for an order that the [judgment debtor] pay the sum owing under the judgment by instalments.
TAKE NOTICE that the [judgment creditor or judgment debtor] filed notice of objection to the refusal of the Registrar and that on 20 the Court made an order that the [judgment debtor] pay to the [judgment creditor] $ , being the sum owing under the judgment by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid] [or the Court refused to make an order that the [judgment debtor] pay the sum owing under the judgment by instalments].
[to be completed where the Registrar has ordered the payment of the judgment debt by instalments].
On 20 the Registrar, on the application of the [judgment creditor or judgment debtor], made an order that the [judgment debtor] pay the sum owing under the judgment by instalments as follows: [state amount of each instalment, weekly or monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
TAKE NOTICE that the [judgment creditor or judgment debtor] filed notice of objection to the order of the Registrar and that on 20 the Court made an order that the order of the Registrar be confirmed [or varied as follows: complete appropriately] [or cancelled].
Form 61J—Instalment agreement
Rule 61.03(1)
INSTALMENT AGREEMENT
This agreement is made between the [judgment creditor] of [usual place of residence or of business or registered office] and the[judgment debtor] of [usual place of residence or of business or registered office] with respect to the judgment for the [judgment creditor] against the [judgment debtor] in the County Court dated [insertdate] for $ and costs.
$ is owing under the judgment, being—
The parties hereby agree that the [judgment debtor] shall pay and the [judgment creditor] will accept payment of $ , being the sum owing under the judgment, by instalments as follows:
(a) Number of instalments;
(b) Amount of each instalment;
(c) Weekly, monthly or other period for payment;
(d) Date of payment of—
first instalment;
last instalment;
(e) Name and address of person to whom payment to be made.
The [judgment debtor] acknowledges that he, she or it is aware that upon filing of this agreement an order will be made in the terms of this agreement and that for a breach thereof he, she or it may be required to attend before the Court.
Dated the day of 20 .
Signed by the judgment creditor:
Witness:
Signed by the judgment debtor:
Witness:
Form 61K—Order for instalment payment of judgment debt after agreement
Rule 61.03(4)
[follow Form 60C except as below]
ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT
In accordance with an agreement dated 20 made between the [judgment creditor] and the [judgment debtor] under the Judgment Debt Recovery Act 1984 and filed the [judgment debtor] pay to the [judgment creditor] $ , being the sum owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date], by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
Form 61L—Notice of order for instalment
payment of judgment debt after agreement
Rule 61.03(5)
NOTICE OF ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT
TAKE NOTICE that on 20 in accordance with an agreement dated 20 made between the [judgment creditor] and the [judgment debtor] under the Judgment Debt Recovery Act 1984 and filed, I made an order that the [judgment debtor] pay to the [judgment creditor] the sum of $ , being the sum owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid].
Form 61M—Summons to attend for oral examination
Rule 61.04(1)
SUMMONS TO ATTEND FOR ORAL EXAMINATION
(Judgment Debt Recovery Act 1984)
To the [judgment debtor]
You are summoned to attend before the Court to be orally examined as to any matter related to your financial circumstances generally and your means and ability to satisfy the judgment against you in favour of the [judgment creditor] dated [insert date] under which judgment $ is owing.
Your examination is required for the purpose of your application [or an application by the [judgment creditor]] for an order that the sum of $ be paid by instalments [or for an order that an order made on 20 that the [judgment debtor] pay by instalments $ , being the sum owing under the judgment, be confirmed or varied or cancelled].
or
Your examination is required with respect to an allegation made by the [judgment creditor] that you have defaulted in the payment of instalments under an order made on 20 that you pay by instalments $ , being the sum owing under a judgment against you in favour of the [judgment creditor] dated [insert date].
You are required to produce to the Court on the examination the following documents: [description of documents].
The examination will be held before the Judge [or the associate judge] at the County Court, William Street, Melbourne, on 20 at a.m.
[or p.m.] or so soon afterwards as the business of the Court allows.
Note: If you do not attend the Court as directed by this summons, the Court may issue a warrant for your arrest.
Form 61N—Warrant of apprehension on disobedience to summons
Rule 61.04(4)
WARRANT OF APPREHENSION ON DISOBEDIENCE TO SUMMONS
To all police officers of the State of Victoria.
[Name of judgment debtor] of [address] has failed to attend before the County Court at the time and place appointed by the summons issued
on [insert date] to be examined concerning that person's financial circumstances:
I authorise you to enter and search by day or by night any dwelling-house, tenement, ship or place whatsoever [or the dwelling-house or tenement or ship situated at ] where the said person is suspected to be [or to be concealed or to be unlawfully detained] using all necessary force for that purpose and if necessary to break any outer door or window and to apprehend him or her and to bring that person before the [continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3) of the Judgment Debt Recovery Act 1984].
Issued [insert date]
Form 61P—Notice to judgment creditor of
summons or warrant to judgment debtor
Rule 61.04(6)
NOTICE TO JUDGMENT CREDITOR OF SUMMONS OR WARRANT TO JUDGMENT DEBTOR
TAKE NOTICE that on 20 a summons was issued requiring the [judgment debtor] to attend before the Court to be orally examined for the purpose of an application by the [judgment creditor or judgment debtor] with respect to the payment by instalments of the sum owing under the judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] for $ and costs.
or
TAKE NOTICE that on 20 a warrant was issued for the apprehension of the [judgment debtor] for his or her failure to comply with a summons requiring him to attend before the Court on 20 to be orally examined for the purpose of an application by the [judgment creditor or judgment debtor] with respect to the payment by instalments of the sum owing under the judgment for the [judgment creditor] against the [judgment debtor] dated [insert date] for $ and costs.
By the summons [or the warrant] the [judgment debtor] is required to attend [or be brought] before the [continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3) of the Judgment Debt Recovery Act 1984].
Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order
Rule 61.05
NOTICE BY COURT OF CONFIRMATION, VARIATION OR CANCELLATION OF JUDGMENT DEBT INSTALMENT ORDER
This Notice is given in relation to the default by the [judgment debtor] in the payment of instalments under an order made on 20 that the [judgment debtor] pay by instalments $ being the sum owing under a judgment for the [judgment creditor] against the [judgment debtor] dated [insertdate].
TAKE NOTICE that on 20 , after examining the [judgment debtor], the Court made an order that the said order for payment by instalments be confirmed [or varied as follows: complete appropriately] [or cancelled].
Form 61R—Certificate of payment
Rule 61.07(2)
CERTIFICATE OF PAYMENT
To the Governor of the prison at
By virtue of an order for imprisonment made by the County Court on [insert date] [name of judgment debtor] of [address] was committed to prisonat [insert place].
This certifies that the said [name of judgment debtor] has paid the instalments of which default was made and is now entitled to be discharged out of custody.
Form 64AB—Application for copy of Judge's notes
Rule 64A.05
APPLICATION FOR COPY OF JUDGE'S NOTES
TO HIS/HER HONOUR JUDGE
The [identify party] having taken the steps necessary to enable prosecution of an appeal under section 74 of the Act, from your judgment [or order] in the above case tried at on [insert date], I request to be furnished, for the purpose of such appeal, with a copy of your notes taken at the hearing.
G.H.
Practitioner for [identify party]
Form 68A amended by S.R. No. 27/2020 reg. 3.
Form 68A—Warrant of seizure and sale
WARRANT OF SEIZURE AND SALE
In respect of the judgment [or order] dated [insert date] by which it was adjudged [or ordered] that [judgment debtor] pay $ to [judgment creditor] together with costs, which have been taxed at $ , [or by which it was ordered that] [judgment debtor] pay certain costs to [judgment creditor], which have been taxed at $ , Levy On The Property of [judgment debtor] which is authorised by law to be taken in execution for the sum of—
(a) $ , being the amount now due and payable for which judgment was entered or given;
(b) $ , being the amount now due and payable in respect of costs;
(c) $ , being the amount due and payable for interest accrued in respect of the judgment amount and the amount of costs at the date of the issue of the warrant, at the rate fixed in accordance with law;
(d) $ , [insert amount of interest payable per day], being the amount of interest, if any, for each day which, subject to any future payment under the judgment, will accrue from the date of the issue of the warrant until the execution of the warrant; and
(e) your fees and expenses for this [and for any prior] warrant—
And Pay the amount so levied other than your fees and expenses to [judgment creditor] or otherwise as the law requires And Indorse on this warrant immediately after you have performed all your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to [judgment creditor].
*For the purposes of section 52(2) of the Transfer of Land Act 1958, the land in the folio or folios of the Register kept under that Act identified by folio number(s) [insertrelevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant.
Issued at the request of [judgment creditor].
The last known address of [judgment debtor] is and [if it is different the address of the place where it is believed that property of [identify that person] may be found is ].
Form 68B—Warrant of possession
WARRANT OF POSSESSION
In respect of the judgment dated [insert date] by which it was adjudged that [identify party or other person for whom judgment was entered or given] recover possession of the land described in the Schedule and that [identify party or other person against whom judgment was entered or given] pay [identify party or other person] costs [or pay $ to the [identify party or other person together with costs], which have been taxed at $ , Enter The Land and cause [identify party or other person] to have possession of it, and levy on property of [identify party or other person] which is authorised by law to be taken in execution for [continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only] And Indorse [continue as in Form 68A].
[Describe land as in judgment]
Issued at the request of [identify party or other person for whom judgment was entered or given].
The last known address of [continue as in Form 68A].
Form 68C—Warrant of delivery
[heading as originating process]
WARRANT OF DELIVERY
In respect of the judgment [or order] dated [insert date] by which it was adjudged [or ordered] that [identify party or other person against whom judgment was entered or given or order made] deliver the goods described in the schedule to [identify party or other person for whom judgment was entered or given or order made] and pay [$ damages for their detention and] costs, which have been taxed at $ , Cause The Goods To Be Delivered to [identify party or other person] And Levy on the property of [identify party or other person] which is authorised by law to be taken in execution [continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only] And Indorse [continue as in Form 68A].
or
[where judgment or order is for delivery of goods or payment of their assessed value with or without an award of damages for their detention:]
In respect of the judgment [or order] dated [insert date] by which it was adjudged [or ordered] that [identify party or other person] do deliver the goods described in the schedule to [identify party or other person] or pay
$ their assessed value [and $ damages for their detention] and costs, which have been taxed at $ , Cause The Goods To Be Delivered to [identify party or other person] And Levy on the property of [identify party or other person], which is authorised by law to be taken in execution—
(a) if you cannot cause the goods to be so delivered, for $
[assessed value of the goods];
(b) for $ , being $ [amount of damages] due and
payable exclusive of taxed costs and $ for taxed costs;
[or
(c) for $ for taxed costs:]
[continue as in Form 68A according to whether the levy is for interest on damages and costs or on costs only] And Indorse [continue as in Form 68A].
[Describe goods as in judgment]
Issued at the request of [identify party or other person].
The last known address of [continue as in Form 68A].
Form 69A—Advertisement of sale by the sheriff
Rule 69.06(3)
ADVERTISEMENT OF SALE BY THE SHERIFF
On 20 at a.m. [or p.m.] at (unless process if stayed or satisfied) all the estate and interest (if any) of the [debtor] of
as [proprietor of an estate in fee simple in the land described in Certificate of Title Volume Folio upon which is erected a brick factory known as No. Street ].
[Registered mortgage No. affects the said estate and interest].
Terms: Cash only.
Sheriff
Form 71A—Garnishee summons
Rule 71.06(2)
GARNISHEE SUMMONS
Between A.B. Judgment creditor
and
C.D. Judgment debtor
and
X.Y. Garnishee
To [name of garnishee]
You are summoned to attend before the Court on the hearing of an application by the judgment creditor for an order that you, the garnishee, pay to the judgment creditor the debt due from you to the judgment debtor [or the debt which will become due from you to the judgment debtor on 20 ] [or pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor] [or the debt which will accrue from you to the judgment debtor on 20 ] or so much thereof as may be sufficient to satisfy a judgment recovered against the judgment debtor by the judgment creditor in the Court on [insert date] for $ , interest accrued and accruing on the judgment and the costs of the judgment creditor of the garnishee proceedings. The sum required to satisfy the judgment, interest and costs is $ being—
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued and accruing;
(c) $ , the costs of the garnishee proceedings.
The debt in respect of which this summons is filed and served is [identify the debt in accordance with Rule 71.06(1)].
This summons is filed and served by order of the Court on 20 . The application will be heard on etc. [continue as in Form 46A] [insert the following at the end of summons].
TAKE NOTICE [where the debt is due or accruing] that upon service of this summons the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
[or where the debt is not yet due or accruing]
TAKE NOTICE in the event that the debt becomes due or accrues before the day for hearing named in the summons upon its becoming due or accruing the debt shall be bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
Form 71B—Garnishee order
Rule 71.09(4)
[heading as in Form 71A]
[other particulars as in Form 60L]
GARNISHEE ORDER
(where garnishee debt less than judgment debt, interest and judgment creditor's costs)
The garnishee [where appropriate insert here (after deducting therefrom
$ for the garnishee's costs of the garnishee application)] do forthwith pay to the judgment creditor $ , the debt due from him, her or it to the judgment debtor and that in default of payment execution may issue against the garnishee.
[or where the debt is not due but accruing]
do pay to the judgment creditor $ , the debt accruing from him, her or it to the judgment debtor, as follows [state the amount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment execution may issue against the garnishee.
$ , the costs of the judgment creditor of the garnishee application, be added to the judgment debt and the interest accrued thereon and be retained by the judgment creditor out of the money recovered by him, her or it under this order in priority to the judgment debt and interest.
Form 71C—Garnishee order
Rule 71.09(4)
[heading as in Form 71A]
GARNISHEE ORDER
(where garnishee debt greater than judgment debt, interest and judgment creditor's costs)
The garnishee do forthwith pay to the judgment creditor $ , being so much of the debt due from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee.
[or where the debt is not due but accruing]
do pay to the judgment creditor $ , being so much of the debt accruing from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings as follows [state theamount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment execution may issue against the garnishee.
[where appropriate add]
The garnishee be at liberty to retain $ for the garnishee's costs of the garnishee proceedings out of the balance of the debt due [or accruing] from him, her or it to the judgment debtor.
Form 72A—Attachment of earnings summons
Rule 72.02(3)
ATTACHMENT OF EARNINGS SUMMONS
To the [judgment debtor]
You are summoned to attend before the Court on the hearing of an application by the [judgment creditor] for an order that the earnings of the [judgment debtor] be attached to satisfy the judgment against the [judgment debtor] in favour of the [judgment creditor] in the County Court dated [insert date] for $ , in respect of which judgment $ is due and unpaid, being—
The application will be heard [continue as in Form 46A.].
Form 72B—Affidavit in support of application for attachment of earnings orders
Rule 72.02(3)
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDERS
I, of , the [judgment creditor], make oath and say that:
By a judgment dated [insert date] it was adjudged that the [judgment debtor] should pay to me the sum of $ together with costs.
$ is due and unpaid in respect of the judgment, being—
or
The [judgment debtor] has persistently failed to comply with an order with respect to the judgment made by the County Court on ,
20 that the [judgment debtor] [insert terms of order not complied with].
The [judgment debtor] is employed by of as
a [occupation].
No warrant committing the [judgment debtor] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.
or
A warrant committing the [judgment debtor] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has not been executed.
Sworn etc.
Form 72C—Judgment debtor's statement of financial situation
Rules 61.02(3), 72.02(4) and 72.05(4)
JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION
To the [judgment debtor]:
TAKE NOTICE that you should complete this form by giving the information requested below. The completed form signed by you must be sent to the [judgment creditor] at [address for service] before 20 [day for hearing named in the summons].
If you do not do this, the court may make an order that you attend before the Court and give the information.
Signature of judgment
creditor's solicitor:
Amount and Source of Weekly Income
Occupation:
If working for an employer:
Name and address of employer:
Gross wage: ______________
Current overtime (if any): ______________
Car and other allowances and commission: ______________
If self-employed or in partnership:
Average pre-tax earnings for last 12 months: ______________
If unemployed:
State length of last employment, date when last
employment ceased and gross weekly amount earned: ______________
Pension or other benefit received: ______________
Workers' compensation received: ______________
Maintenance received: ______________
Superannuation received: ______________
Board or rent received: ______________
Average weekly interest on bank or other authorised
deposit-taking institution deposit, debentures etc.: ______________
Average weekly dividend on shares: ______________
Other income (give particulars): ______________
Total Gross Weekly Income: ______________
Property and Assets
Land, including vacant land:
For each piece of land—
Amount of mortgage: ______________
Motor vehicle:
For each motor vehicle—
Year, make and model: ______________
Amount owing to finance company: ______________
Deposit in bank or other authorised deposit-taking
institution etc.: ______________
Other investments including shares, debentures, bonds: ______________
Money owing to you:
From , $
From , $
Value of interest in partnership or business: ______________
Furniture, household and personal goods:
Amount owing to finance company: ______________
Life insurance policies:
Give particulars and state surrender value of each
policy: ______________
Other assets (give particulars): ______________
Total Property and Assets: ______________
Debts, Liabilities and Other Financial Obligations
(a) Weekly expenses
Income tax: ______________
Superannuation: ______________
Housing (mortgage, rent, board, hospital or institution): ______________
Municipal rates: ______________
Water and sewerage rates: ______________
Land tax: ______________
Child care expenses incurred for the purpose of earning
income: ______________
Maintenance actually paid: ______________
Instalment payments such as for household goods or
tools of trade:
To , $
To , $
Electricity and gas: ______________
Food: ______________
Other general household expenses: ______________
Motor vehicle expenses (registration, insurance,
maintenance, fuel): ______________
Fares: ______________
Telephone: ______________
Insurance policy premiums: ______________
School fees and other school expenses: ______________
Clothing and shoes: ______________
Medical and chemist expenses: ______________
Entertainment: ______________
Payments on court orders and fines: ______________
Other expenses (give particulars): ______________
(b) Other debts outstanding
Give particulars of debts under hire purchase, leasing, credit card or other credit contracts, department store accounts, guarantee or personal loan:
$ , to , due on
$ , to , due on
If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give name of the other owner or owners:
If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:
Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:
Signature of judgment debtor:
Form 72D—Summons for an order to attend for examination or furnish particulars
Rule 72.04(7)(a)
SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
To: the [judgment debtor]
or
[person indebted to or employer of judgment debtor]
You are summoned to attend before the Court on the hearing of an application by the [judgment creditor] for an order that [set out the order sought].
The application will be heard [continue as in Form 46A].
Form 72E—Affidavit support of summons for an order to attend for examination or furnish particulars
Rule 72.04(7)(b)
AFFIDAVIT SUPPORT OF SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
I, of , the [judgment creditor] make oath and say that:
By a judgment dated [insert date] it was adjudged that the [judgment debtor] should pay to me $ together with costs.
$ is due and unpaid in respect of the judgment the sum, being—
or
The [judgment debtor] has persistently failed to comply with an order with respect to the judgment made by the County Court on 20 that the [judgment debtor] [insert terms of order not complied with].
I seek to obtain an order for the attachment of the earnings of the [judgment debtor].
The place of residence of the [judgment debtor] is .
On 20 I was informed by of and verily believe that the [judgment debtor] is employed by of as a [occupation] and is a person to whom earnings are payable or likely to become payable by the said employer.
or
On 20 I was informed by and verily believe that the [judgment debtor] is employed by and is a person to whom earnings are payable or likely to become payable, but I do not know the name or whereabouts of the employer of the [judgment debtor] or what the earnings of the [judgment debtor] are.
Sworn etc.
Form 72F—Order that judgment debtor attend or give statement
Rule 72.04(8)
ORDER THAT JUDGMENT DEBTOR ATTEND OR GIVE STATEMENT
Summons by the [judgment creditor] dated 20 in aid of an application for an attachment earnings order against the [judgment debtor] in respect of a judgment dated [insert date] for $ together with costs.
The [judgment debtor] attend before the Judge in the Court [or the associate judge in the Court] County Court, William Street, Melbourne, on 20 at to be examined concerning the means and ability of the [judgment debtor] or comply with the judgment [or to state to the Court the following particulars], namely:
or
The [judgment debtor] furnish to the Court on or before 20
a statement in writing signed by the [judgment debtor] setting forth the following particulars, namely:
Form 72G—Order that person indebted to or
employer of judgment debtor give statement
Rule 72.04(8)
ORDER THAT PERSON INDEBTED TO OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT
Summons by the [judgment creditor] dated 20 in aid of an application for an attachment of earnings order against the [judgment debtor] in respect of a judgment dated [insert date] for $ together with costs.
It was made to appear to the Court that is indebted to [or is the employer of] the [judgment debtor].
give to the Court on or before 20 a statement in writing signed by that person or on the person's behalf containing the following particulars of that person's indebtedness to the [judgment debtor] that became payable during the period 20 to 20 .
Form 72H—Attachment of earnings order
Rule 72.05(6)
ATTACHMENT OF EARNINGS ORDER
The Court finds that:
By a judgment dated [insert date] it was adjudged that the [judgment debtor] pay to the [judgment creditor] $ together with costs.
$ is due and unpaid in respect of the judgment.
or
The [judgment debtor] has persistently failed to comply with an order with respect to the judgment made by the Court on 20 that the [judgment debtor] [insert terms of order not complied with].
The [judgment debtor] was served with a copy of the summons herein and has had a reasonable opportunity of attending the hearing.
The [judgment debtor] is employed by at in the State of Victoria as a [occupation] and is a person to whom earnings are payable or are likely to become payable by that employer.
The abovenamed employer on each pay day whilst the [judgment debtor] is employed by the employer or until this order ceases to have effect do make payments out of the earnings of the [judgment debtor] at the rate calculated in accordance with this order to [name and address of person to whom payments are to be made] for or towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment and the amount of $ for costs.
For the purpose of calculating the normal deduction for the purposes of paragraph 4 of this order the normal deduction rate shall be $ each pay day [or on the pay day(s) falling on 20 and thereafter
$ each pay day].
The protected earnings rate, that is, the rate below which the earnings of the [judgment debtor] may not be reduced by a payment under this order, shall be $ in respect of each pay day.
[The employer] 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 previous pay day, pay, so far as that excess permits, to the [judgment creditor] 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.
Note:
An attachment of earnings order does 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.
Form 72J—Notice to employer
Rule 72.06(3)
NOTICE TO EMPLOYER
The attachment of earnings order served herewith requires you to deduct from any earnings becoming payable to the [judgment debtor] as your employee, from pay day to pay day until the order is discharged or suspended, the amount referred to in the order as the normal deduction, and to pay that amount to of towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment referred to in the order and $ for costs.
"Earnings" in relation to the [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.
Where two or more attachment of earnings orders are directed to you with respect to earnings payable or likely to become payable by you to the [judgment debtor], you are required to—
(a) comply with those orders according to the respective dates on which they took effect, and disregard any order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were the residue of the earnings of the [judgment debtor] after the making of any payment under an earlier order.
You are required to give the [judgment debtor] a notice specifying particulars of the payments made by you under the attachment of earnings order.
In addition to deducting the amount required to be deducted under an attachment of earnings order, you are entitled to make a further deduction of $3 from the earnings of the [judgment debtor] towards the clerical and administrative costs of making payments under the order. You are required to give the [judgment debtor] notice of the amount deducted for this purpose.
If you are in doubt whether payments to the [judgment debtor] of a particular class or description are earnings for the purpose of the attachment of earnings order you may apply to the Court to have that question determined.
You must give notice in writing to the Registrar—
(a) if you are not the employer of the judgment debtor at the time the order is served, forthwith after service;
(b) if you are the employer of the judgment debtor at the time the order is served, but cease to be employer thereafter, forthwith after you cease to be employer.
Any person who dismisses an employee, injures an employee in his or her employment or alters his or her position to his or her prejudice because an attachment of earnings order has been made or because the person is required to make payments under the order in relation to the employee may be dealt with as for contempt of court.
Form 72K—Notice by employer that judgment debtor is not in employer's employ
Rule 72.06(3)
NOTICE BY EMPLOYER THAT JUDGMENT DEBTOR IS NOT IN EMPLOYER'S EMPLOY
To the Registrar,
And to the [judgment creditor] of [address].
An order was made on [insert date] that I make payments to the [judgment creditor] out of the earnings of the [judgment debtor].
I give notice that I am not the employer of the [judgment debtor]
[or I ceased to be the employer of the [judgment debtor] on [insert date].]
[Signature of employer]
Form 72L—Notice of cessation of attachment of earnings order
Rule 72.11(3)
NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER
To: [employer] of , the employer of the [judgment debtor].
TAKE NOTICE that the attachment of earnings order made on [insert date] by which you were ordered to make payments for or towards securing payment of the amount due and unpaid in respect of a judgment in favour of the [judgment creditor] out of the earnings payable to the [judgment debtor], ceased to have effect on [insert date] because [state reason].
Note:
Where the order ceases to have effect, you will not incur any liability in consequence of your treating it as still in force at any time before the expiration of seven days after this notice or a copy of the order discharging the earlier order, as the case may be, is served on you.
Form 73A—Charging summons
Rule 73.05(2)
CHARGING SUMMONS
And to the [judgment debtor].
You are summoned to attend before the Court on the hearing of an application by the [judgment creditor] for an order that certain securities [or as the case may be] in which the [judgment debtor] has a beneficial interest, namely [give particulars sufficient to identify the securities and the interest of the judgment debtor], stand charged to the extent of the value of the entire beneficial interest of the [judgment debtor] in the securities or of so much of that value as may be sufficient to satisfy a judgment recovered against the [judgment debtor] by the [judgment creditor] in the Court on [insert date] for $ , interest accrued and accruing on the judgment and the costs of the [judgment creditor] of the charging order proceedings. The sum required to satisfy the judgment, interest and costs is $ , being—
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued or estimated to accrue;
(c) $ , the estimated costs of the charging order proceedings.
This summons is filed and served by order of the Court made on[insert date].
The application will be heard etc. [continue as in Form 46A].
[insert the following at the end of the summons]
TAKE NOTICE that upon service of this summons you shall not, except by order of the Court, cause or permit any transfer of any of the abovementioned securities to be made or pay to any person any dividend or interest thereon.
To the [judgment debtor].
TAKE NOTICE that, unless the Court otherwise orders, no disposition by you of your interest in any of the abovementioned securities made after service of this summons and before the application for the charging order is heard by the Court shall be valid as against the [judgment creditor].
Form 73B—Affidavit as to stock
Rule 73.13(2)(a)(i)
AFFIDAVIT AS TO STOCK
IN THE MATTER OF [identify the document comprising the stock under which the claimant's interest arises].
I, of make oath and say that according to the best of my knowledge, information and belief I have [or if the affidavit is made by the solicitor, name of claimant of has] a beneficial interest in the stock specified in the notice filed with this affidavit as [describe the interest of the claimant in the stock and identify any document under which it arises].
This affidavit is filed on behalf of [name of claimant] of [address].
Form 73C—Notice as to stock
Rule 73.13(2)(a)(ii)
[heading as in Form 73B]
[to be filed with Form 73B]
NOTICE AS TO STOCK
TAKE NOTICE that the stock comprised in and subject to the trusts of the settlement [or as the case may be] referred to in the affidavit filed with this notice consists of the following, namely [identify the stock, stating the names in which it stands].
This notice is intended to stop the transfer of the stock and not the payment of any dividend or interest on the stock[or also the payment of any dividend or interest on the stock].
[Signature of claimant, or solicitor where affidavit made by solicitor]
Form 75A—Arrest warrant in summary proceedings for contempt
in face of County Court
Rule 75.02(4)
ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF COUNTY COURT
AT
TO:
Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt and, if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody and, when it is practicable to bring him or her before the Court, do so forthwith.
Form 75B—Arrest warrant in contempt proceedings by summons
or originating motion
Rule 75.08(4)
[heading as in summons or originating motion]
ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION
TO:
Arrest [insert name of person] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $ into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to answer the charge and to submit to the judgment of the Court.
Form 75BA—Arrest warrant pending contempt hearing
Rule 75.08.1(1C)
ARREST WARRANT PENDING CONTEMPT HEARING
TO:
Arrest [insert name of person] and bring him or her before the Court forthwith to answer a charge of contempt and, if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody and, when it is practicable to bring him or her before the Court, do so forthwith.
Form 75C—Committal warrant
Rule 75.13
[heading as in Form 75A, 75B or 75BA as appropriate]
COMMITTAL WARRANT
TO THE SHERIFF
Take [name] to the prison at and deliver him or her to the Governor of that prison.
or
Arrest [name] and take him or her to the prison at and deliver the person to the Governor of that prison.
To the Governor of the prison at
Receive [name] into your custody and keep him or her person until the further order of this Court [as the case may be].
The committal of [name] for contempt of court in that [name] (state nature of his or her contempt).
Form 80A—Request for service abroad of judicial documents and certificate
Rules 80.04 and 80.06
REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS AND CERTIFICATE
PART 1—REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
| Identity and address of the forwarding authority requesting service | Identity and address of receiving authority [Central Authority/additional authority] |
The undersigned forwarding authority (on the application of [name and address of applicant on whose behalf forwarding authority requests service]) has the honour to transmit—in duplicate—the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e.:
(identity and address)
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*:
(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*):
(c) by delivery to the addressee, if the addressee accepts it voluntarily (second paragraph of Article 5).*
The receiving authority [Central Authority/additional authority] is requested to return or to have returned to the forwarding authority a copy of the documents—and of the annexes*—with a certificate as provided in Part 2 of this Form on the reverse side.
List of documents
Done at , the
Signature or stamp (or both) of forwarding authority.
*Delete if inappropriate.
PART 2—CERTIFICATE
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:
that the documents listed in Part 1 have been served*
the (date)
at (place, street, number)
in one of the following methods authorised by Article 5:
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of the Article 5 of the Convention*:
(b) in accordance with the following particular method*:
(c) by delivery to the addressee, who accepted it voluntarily*.
The document referred to in the request, has been delivered to:
(identity and description of person)
relationship to the addressee (family, business or other)
that the document has not been served, by reason of the following facts*:
In conformity with the second paragraph of Article 12 of the Convention, the forwarding authority is requested to pay or reimburse the expenses detailed in the attached statement*.
Annexes
Documents returned:
In appropriate cases, documents, establishing the service:
Done at , the
Signature or stamp (or both).
*Delete if inappropriate.
Form 80B amended by S.R. No. 69/2019 rule 5.
Form 80B—Summary of the document to be served
Rule 80.04
SUMMARY OF THE DOCUMENT TO BE SERVED
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
(Article 5, fourth paragraph)
Identity and address of the addressee [person to be served]:
IMPORTANT
THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.
IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.
ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO:
SUMMARY OF THE DOCUMENT TO BE SERVED
Name and address of the forwarding authority:
Particulars of the parties:
**JUDICIAL DOCUMENT
Nature and purpose of the document:
Nature and purpose of the proceedings and, when appropriate, the amount in dispute:
Date and place for entering appearance:
Court in which proceedings pending/judgment given:
**Date of judgment (if applicable):
Time limits stated in the document:
Form 82A—Notice of application for suppression order
Rule 82.02
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
To: The County Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of a summons filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
OR
*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought]
The applicant proposes to rely upon [insert brief description of material to be relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
*delete whichever is inapplicable.
Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
Rule 83.02
Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
(Section 50 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.
In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].
leave to *make/*continue the following interlocutory application [specify];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date]
*(c) for the applicant 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].
Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order
Rule 83.03
Application for leave to continue proceeding by person subject to extended litigation restraint order
(Section 52(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].
In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant 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].
Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order
Rule 83.03
AT
IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.
Application for leave to commence proceeding by person subject to extended litigation restraint order
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.
In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant 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].
Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order
Rule 83.04
Application for leave to continue proceeding by person subject to general litigation restraint order
(Section 54 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant 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].
Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order
Rule 83.04
AT
IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014*.*
Application for leave to commence proceeding by person subject to general litigation restraint order
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.
In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant 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].
Form 83F—Notice of application for leave to proceed
Rule 83.05
[heading as used in application for leave to proceed]
Notice of application for leave to proceed
(Section 60 of the Vexatious Proceedings Act 2014)
TO:
(a) the Attorney-General;
(b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Any Questions?
If you have any questions, please contact the Registrar's Office at the County Court [insert address] Melbourne, Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.
Form 83G—Application for leave to apply to vary or revoke litigation restraint order
Rule 83.06
Application for leave to apply to vary or revoke litigation restraint order
(Section 65(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.
I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [set out the grounds in numbered paragraphs].
The applicant seeks leave to apply for—
*1. variation of the order in the following manner [specify variation of order sought];
*1. revocation of the order;
*(c) for the applicant 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].
Form 83H—Application to vary or revoke litigation restraint order
Rule 83.07
Application to vary or revoke litigation restraint order
(Section 65(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.
I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs].
*1. variation of the order in the following manner
[specify variation of order sought];
*1. revocation of the order;
*(c) for the applicant 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].
Form 83I—Notice of application to vary or revoke litigation restraint order
Rule 83.08
[heading as used in application for leave to vary or revoke litigation restraint order]
Notice of application to vary or revoke litigation restraint order
(Section 67 of the Vexatious Proceedings Act 2014)
TO:
(a) the Attorney-General;
(b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.
Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.
This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.
You are entitled to make submissions in relation to the application for *variation/*revocation.
Any Questions?
If you have any questions, please contact the Registrar's Office at the County Court [insert address] Melbourne, Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.
Sch. 2 substituted by S.R. No. 106/2019 rule 6, amended by S.R. Nos 28/2021 rule 4, 158/2021 rule 12, 131/2022 rule 5, 130/2023 rule 8, revoked by S.R. No. 135/2024 rule 18.
Schedule 3—Revoked Statutory Rules
Rule 1.03(2)
| S.R. No | Title |
| 148/2008 | County Court Civil Procedure Rules 2008 |
| 7/2015 | County Court (Chapter I Judicial Registrars Amendment) Rules 2015 |
| 34/2015 | County Court (Chapter I Amendment No. 9) Rules 2015 |
| 129/2015 | County Court (Chapter I Amendment No. 10) Rules 2015 |
| 162/2015 | County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2015 |
| 43/2016 | County Court (Chapters I and II Miscellaneous Amendments) Rules 2016 |
| 144/2016 | County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2016 |
| 21/2017 | County Court (Chapter I Amendment No. 11) Rules 2017 |
| 36/2017 | County Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017 |
| 92/2017 | County Court (Chapter I Email Service Amendment) Rules 2017 |
| 142/2017 | County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2017 |
| 143/2017 | County Court (Chapters I and III Miscellaneous Amendments) Rules 2017 |
Dated: 22 October 2018
| P. B. KIDD, Chief Judge | M. E. DEAN |
| J. A. SMALLWOOD | J. F. CARMODY |
| S. M. COHEN | R. H. SMITH |
| M. E. SEXTON | M. F. MACNAMARA |
| F. E. HOGAN | W. E. STUART |
| I. E. LAWSON | D. G. BROOKES |
| E. M. GAYNOR | P. J. COSGRAVE |
| P. J. COISH | G. F. MEREDITH |
| W. A. WILMOTH | R. W. DYER |
| F. MILLANE | C. M. QUIN |
| J. G. MORRISH | A. J. CHAMBERS |
| P. G. MISSO | A. J. TSALAMANDRIS |
| K. L. BOURKE | S. L. MARKS |
| P. M. E. WISCHUSEN | E .W. WOODWARD |
| P. G. LACAVA | D. TRAPNELL |
| F. R. GUCCIARDO | A. RYAN |
| P. M. TAFT | P. RIDDELL |
| F. SACCARDO | J. CONDON |
| G. P. MULLALY | M. FOX |
| K. E. KINGS | M. CAHILL |
| J. L. PARRISH | D. SEXTON |
| M. H. TINNEY | P. J. GINNANE |
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The County Court Civil Procedure Rules 2018, S.R. No. 170/2018 were made on 22 October 2018 by a majority of the Judges of the County Court under section 78 of the County Court Act 1958, No. 6230/1958 and came into operation on 19 November 2018: rule 1.03(1).
The County Court Civil Procedure Rules 2018 will sunset 10 years after the day of making on 22 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the County Court Civil Procedure Rules 2018 by statutory rules, subordinate instruments and Acts.
Rule 1.03(3): S.R. No. 56/2009. Reprint No. 1 as at 1 March 2016. Reprinted to S.R. No. 35/2015. Subsequently amended by S.R. Nos 43/2016, 5/2017 and 34/2018. ↑