Part 3ACosts for pro bono representation 384

Part 3A—Costs for pro bono representation 384 63A.35.1 Definitions for this Part 384 63A.35.2 Orders for legal costs 385 63A.35.3 Taxation or assessment and recovery of legal costs 385 Part 4 386 Part 5—Procedure on taxation 386 63A.37 Application 386 63A.38 Application to the Costs Court for taxation 387 63A.44 Charge of legal practitioner for work done out of Victoria 387 63A.51 Reference to Judge 388 Part 6—Costs of solicitor 388 63A.58 Application 388 63A.59 Basis of taxation of costs payable by client 388 63A.60 Taxation between solicitor and client 389 63A.61 Basis of taxation of costs payable otherwise than by client 389 63A.63 Procedure on taxation 389 63A.65 Reference for taxation 390 Part 8—Transitional provisions 390 63A.83 Transitional provision 390 Order 64 391 Order 64A—Appeals to the Court of Appeal 392 64A.01 Definitions 392 64A.02 Application 392 64A.03 Application for leave to appeal 392 64A.04 Statements of evidence etc. to be submitted to trial judge 392 64A.05 Judge's notes 392 Order 65 393 Order 66—Enforcement of judgments and orders 394 66.01 Definitions 394 66.02 Payment of money 394 66.03 Possession of land 395 66.04 Delivery of goods 395 66.05 Doing or abstaining from doing any act 396 66.06 Attendance of natural person 397 66.07 Attendance of corporation 398 66.08 Attendance before another court etc. 398 66.09 Contempt 398 66.10 Service before committal or sequestration 399 66.11 Substituted performance 400 66.12 Enforcement by or against non-party 401 66.13 Non-performance of condition 401 66.14 Matters occurring after judgment 401 66.15 Order in aid of enforcement 401 66.16 Stay of execution 402 Order 67—Discovery in aid of enforcement 403 67.01 Definitions 403 67.02 Order for examination or production 403 67.03 Corporation 404 67.04 Procedure 404 67.05 Conduct money 404 67.06 Record of examination 404 Order 68—Warrants of execution generally 405 68.01 Definitions 405 68.02 Leave to issue warrant 405 68.03 Separate execution for costs 406 68.04 Issue of warrant of execution 407 68.05 Duration 408 68.06 Costs of prior execution 409 68.07 Provision for enforcing payment of money 409 68.08 Form of warrant of execution 409 Order 69—Warrant of seizure and sale 410 69.01 Definitions 410 69.03 Two or more warrants 410 69.04 Order of sale 410 69.05 Time, place and mode of sale 411 69.06 Advertisement of sale 411 69.07 Notional possession of goods 413 Order 70—Warrant of possession 414 70.01 Payment of money 414 70.02 Removal of goods on warrant of possession 414 Order 71—Attachment of debts 415 71.01 Definitions and application 415 71.02 What debts attachable 416 71.03 Bank account 416 71.04 Filing and service of garnishee summons 417 71.05 Evidence on application for garnishee summons 418 71.06 Garnishee summons 418 71.07 Service of summons 419 71.08 What debts attached, when and to what extent 419 71.09 Payment to judgment creditor 420 71.10 Dispute of liability by garnishee 421 71.11 Claim by other person 421 71.12 Discharge of garnishee 421 71.13 Money in court 422 71.14 Costs 422 Order 72—Attachment of earnings 423 72.01 Definitions 423 72.02 Application for attachment of earnings order 425 72.03 Making of order 426 72.04 Attendance of or information about judgment debtor 426 72.05 Contents of order 428 72.06 Service of order 430 72.07 Employer to make payments 430 72.08 Attachment of earnings in place of other orders 431 72.09 Execution after attachment of earnings 432 72.10 Discharge or variation of order 432 72.11 Cessation of attachment of earnings order 432 72.12 Two or more orders in force 433 72.13 When varied order taken to be made 433 72.14 Notice to judgment debtor of payments 434 72.15 Determination of earnings 434 72.16 Service 435 Order 73—Charging orders and stop orders and notices 436 73.01 Definitions 436 73.02 Order charging securities 437 73.03 Filing and service of charging summons 437 73.04 Evidence on application for charging summons 437 73.05 Charging summons 438 73.06 Service of summons 438 73.07 Effect of service of summons 439 73.08 Order on summons hearing 439 73.09 Effect and enforcement of charge 440 73.10 Variation or discharge of order 440 73.11 Order charging funds in court 440 73.12 Stop order for funds in court 440 73.13 Stop notice on corporation stock not in court 441 73.14 Effect of stop notice 442 73.15 Withdrawal or discharge of stop notice 443 73.16 Prohibition of transfer of or payment on stock 443 Order 74—Enforcement by appointment of receiver 444 74.01 Procedure 444 74.02 Appointment of receiver by way of equitable execution 444 Order 75—Contempt 445 Part 1—Interpretation 445 75.01 Definition 445 Part 2—Summary proceedings for contempt 445 75.02 Contempt in face of the Court 445 75.03 Procedure on hearing of charge 446 75.04 Custody pending disposal of charge 446 Part 3—Other procedure for contempt 446 75.05 Application 446 75.06 Procedure 446 75.07 Application by Registrar 447 75.08 Arrest of respondent 447 75.08.1 Arrest pending contempt hearing 448 Part 4—Committal and costs 449 75.10 Application 449 75.11 Punishment for contempt 449 75.12 Discharge 450 75.13 Warrant for committal 450 75.14 Costs 450 Order 76—Sequestration 451 76.01 Definitions 451 76.03 Order for sequestration 451 76.04 Application 452 Order 77 453 Order 77A—Authority of associate judges 454 77A.01 Authority 454 77A.02 Limitation upon authority 454 77A.03 Reference by associate judge to Judge 454 Order 78—Proceedings under judgment 456 78.01 Definition 456 78.02 Directions in judgment 456 78.03 Claims 457 78.04 Interest on debts 458 78.05 Interest on legacies 459 78.06 Account or inquiry by associate judge or judicial registrar 459 78.07 Order of associate judge or judicial registrar 460 Order 79—Funds in Court 461 Part 1—Interpretation 461 79.01 Definition 461 Part 2—General 461 79.02 Application of money 461 79.03 Money in court for person under disability 461 79.04 Payment into court for person under disability 462 79.05 Certificate of receipt 462 79.06 Delay 462 Part 3—Funds 464 79.10 Proceeding in another court 464 Order 80—Service under the Hague Convention 465 Part 1—Preliminary 465 80.01 Definitions 465 80.02 Provisions of this Order to prevail 467 Part 2—Service abroad of local judicial documents 467 80.03 Application of Part 467 80.04 Application for request for service abroad 468 80.05 How application to be dealt with 470 80.06 Procedure on receipt of certificate of service 471 80.07 Payment of costs 472 80.08 Evidence of service 473 Part 3—Default judgment following service abroad of initiating process 473 80.09 Application of Part 473 80.10 Restriction on power to enter default judgment if certificate of service filed 474 80.11 Restriction on power to enter default judgment if certificate of service not filed 475 80.12 Setting aside judgment in default of appearance 476 Order 81 477 Order 82—Procedure under the Open Courts Act 2013 478 82.01 Definitions 478 82.02 Notice of application for suppression order 478 Order 83—Procedure under the Vexatious Proceedings Act 2014 479 83.01 Definitions 479 83.02 Application for leave to proceed under limited litigation restraint order 479 83.03 Application for leave to proceed under extended litigation restraint order 479 83.04 Application for leave to proceed under general litigation restraint order 479 83.05 Notice of application for leave to proceed 480 83.06 Application for leave to apply for variation or revocation of litigation restraint order 480 83.07 Application to vary or revoke litigation restraint order 480 83.08 Notice of application to vary or revoke litigation restraint order 480 Order 84—Powers of judicial registrars 482 84.01 Interpretation 482 84.02 Proceedings that may be dealt with by judicial registrars 482 84.03 Review by Judge of judicial registrar determinations 483 84.04 Judicial registrar may act for another 486 Form 4A—Overarching obligations certification 487 Form 4AB—Certification of prior overarching obligations certification 488 Form 4B—Proper basis certification 489 Form 5A—Writ 490 Form 5B—Originating motion between parties 493 Form 5C—Originating motion between parties 495 Form 5D—Originating motion 496 Form 5E—Originating motion for recovery of land under Order 53 497 Form 7AAA—Service out of Australia—notice to defendant served out of Australia 500 Form 7A—Letter of request for service of document 502 Form 7AA—Subpoena to give evidence (New Zealand) 503 Form 7AB—Subpoena to produce documents (New Zealand) 509 Form 7AC—Subpoena to give evidence and produce documents (New Zealand) 517 Form 7AD—Certificate of non-compliance with subpoena (New Zealand) 526 Form 8A—Notice of appearance 528 Form 8B—Notice of conditional appearance 529 Form 10A—Heading and notice of counterclaim where defendant new party 530 Form 10B—Notice of appearance to counterclaim 532 Form 11A—Third party notice 533 Form 11B—Person liable in respect of damage claiming contribution against another 536 Form 12A—Notice of claim to goods taken in execution 537 Form 15A—Order approving compromise of claim of minor 538 Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor 540 Form 19A—Notice of a constitutional matter 543 Form 21A—Notice of intention to enter or apply for judgment in default of defence 544 Form 28—Filing confirmation notice 545 Form 29A—Notice for discovery 546 Form 29B—Affidavit of documents 547 Form 29C—Notice to produce 549 Form 29D—Notice of default in making discovery of documents 550 Form 30A—Notice of default in answering interrogatories 551 Form 35A—Notice to admit 552 Form 35B—Notice of dispute 553 Form 37AA—Freezing order 554 Form 37BA—Search order 562 Form 39A—Deed of guarantee 575 Form 41A—Order for examination within Victoria 576 Form 41B—Order for examination out of Victoria 577 Form 41AA—Notice of application for audio visual link or audio link 579 Form 41BA—Notice of intention to apply for leave in relation to confidential communication 581 Form 41BB—Declaration by proposed recipient of the subpoena—physical production 583 Form 42A—Subpoena to attend to give evidence 585 Form 42B—Subpoena to produce 587 Form 42C—Subpoena both to attend to give evidence and to produce 592 Form 42AA—Subpoena for production to registrar 598 Form 43A—Certificate identifying exhibit or exhibits 605 Form 44A—Expert witness code of conduct 606 Form 44AA—Court interpreters' Code of Conduct 609 Form 45A—Summons on originating motion 612 Form 46A—Summons 613 Form 53A—Judgment in summary proceeding for recovery of land 614 Form 53B—Warrant of possession in summary proceeding for recovery of land 615 Form 59A—Notice of judgment 616 Form 60A—General form of judgment given 617 Form 60B—General form of judgment entered 618 Form 60C—General form of order 619 Form 60D—Judgment at trial by judge without a jury 620 Form 60E—Judgment at trial by judge with a jury 621 Form 60F—Judgment or order at trial of preliminary question 622 Form 60G—Default judgment for debt 623 Form 60H—Default judgment for recovery of land 624 Form 60J—Interlocutory or interlocutory and final judgment for damages or value in default 625 Form 60K—Final judgment for damages or value in default 626 Form 60L—Interlocutory or interlocutory and final judgment for detention of goods in default 627 Form 61A—Application to Registrar for order for payment of judgment debt by instalments 628 Form 61B—Application to Registrar for order in substitution for order for payment of judgment debt by instalments 629 Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments 631 Form 61D—Order relating to payment of judgment debt by instalments 633 Form 61E—Notice of order or refusal of order by Registrar for payment of judgment debt by instalments 634 Form 61F—Notice of objection 635 Form 61G—Notice of hearing of objection 636 Form 61H—Notice by Court relating to payment of judgment debt by instalments 637 Form 61J—Instalment agreement 639 Form 61K—Order for instalment payment of judgment debt after agreement 640 Form 61L—Notice of order for instalment payment of judgment debt after agreement 641 Form 61M—Summons to attend for oral examination 642 Form 61N—Warrant of apprehension on disobedience to summons 643 Form 61P—Notice to judgment creditor of summons or warrant to judgment debtor 644 Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order 645 Form 61R—Certificate of payment 646 Form 64AB—Application for copy of Judge's notes 647 Form 68A—Warrant of seizure and sale 648 Form 68B—Warrant of possession 650 Form 68C—Warrant of delivery 651 Form 69A—Advertisement of sale by the sheriff 653 Form 71A—Garnishee summons 654 Form 71B—Garnishee order 656 Form 71C—Garnishee order 657 Form 72A—Attachment of earnings summons 658 Form 72B—Affidavit in support of application for attachment of earnings orders 659 Form 72C—Judgment debtor's statement of financial situation 660 Form 72D—Summons for an order to attend for examination or furnish particulars 664 Form 72E—Affidavit support of summons for an order to attend for examination or furnish particulars 665 Form 72F—Order that judgment debtor attend or give statement 666 Form 72G—Order that person indebted to or employer of judgment debtor give statement 667 Form 72H—Attachment of earnings order 668 Form 72J—Notice to employer 670 Form 72K—Notice by employer that judgment debtor is not in employer's employ 672 Form 72L—Notice of cessation of attachment of earnings order 673 Form 73A—Charging summons 674 Form 73B—Affidavit as to stock 675 Form 73C—Notice as to stock 676 Form 75A—Arrest warrant in summary proceedings for contempt in face of County Court 677 Form 75B—Arrest warrant in contempt proceedings by summons or originating motion 678 Form 75BA—Arrest warrant pending contempt hearing 679 Form 75C—Committal warrant 680 Form 80A—Request for service abroad of judicial documents and certificate 681 Form 80B—Summary of the document to be served 684 Form 82A—Notice of application for suppression order 686 Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 687 Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order 689 Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order 691 Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order 693 Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order 695 Form 83F—Notice of application for leave to proceed 697 Form 83G—Application for leave to apply to vary or revoke litigation restraint order 698 Form 83H—Application to vary or revoke litigation restraint order 700 Form 83I—Notice of application to vary or revoke litigation restraint order 702