Sch 3Revoked Statutory Rules 704

Schedule 3—Revoked Statutory Rules 704 ═════════════ Endnotes 706 1 General information 706 2 Table of Amendments 708 3 Explanatory details 710 **Version No.** **020** **County Court Civil Procedure Rules 2018** **S.R. No. 170/2018** Version incorporating amendments as at A majority of the Judges of the County Court makes the following Rules: Order 1—Preliminary 1.01 Title and object (1) These Rules constitute Chapter I of the Rules of the County Court and are entitled the County Court Civil Procedure Rules 2018. (2) The object of these Rules is to remake with amendments Chapter I of the Rules relating to procedure in civil proceedings in the County Court. 1.02 Authorising provisions These Rules are made under section 78 of the **County Court Act 1958** and all other enabling powers. 1.03 Commencement and revocations (1) These Rules come into operation on (2) The Rules set out in Schedule 3 are **revoked**. (3) In the County Court Miscellaneous Rules 2009[[1]](#endnote-2)— (a) Order 18 is **revoked**; (b) the following Forms are **revoked**— (i) Form 2—18A; (ii) Form 2—18B; (iii) Form 2—18C; (iv) Form 2—18D; (v) Form 2—18E; (vi) Form 2—18F; (vii) Form 2—18G; (viii) Form 2—18H; (ix) Form 2—18I. Part 2—Application of Rules 1.04 * * * * * 1.05 Application (1) Subject to this Rule, these Rules apply to every civil proceeding commenced in the Court whenever commenced. Rule 1.05(2) amended by S.R. No. 142/2019 rule 7(1). (2) These Rules do not apply to a civil proceeding to which Chapter II or III of the Rules of the County Court applies except as that Chapter provides. Note to rule 1.05 inserted by S.R. No. 142/2019 rule 7(2). Rule 34A.03.1 deals further with the application of this Chapter of the Rules of the County Court, and other Chapters, to proceedings within the Common Law Division of the Court. 1.06 Jurisdiction not affected Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules. 1.07-1.12 * * * * * Part 3—Interpretation 1.13 Definitions (1) In these Rules, unless the context or subject matter otherwise requires— ***Act*** includes any Act passed by the Parliament of the Commonwealth; ***associate judge*** means an associate judge of the County Court; ***Australia*** has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth; ***bank*** means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; ***bodily injury*** includes any impairment of physical or mental condition or disease; ***CITEC Confirm*** means the authorised provider of civil electronic filing services as in operation in the Court from time to time; ***Convention***, other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters; ***Convention country***, other than in Order 80, means a foreign country to which a Convention applies; ***corporation*** means any body corporate, whether formed within or out of Victoria; Rule 1.13(1) def. of *County Court costs scale* amended by S.R. No. 106/2019 rule 4, revoked by S.R. No. 135/2024 rule 5(1). ***defendant*** includes respondent; ***discovery*** includes discovery and inspection of documents and discovery by written interrogatories or oral examination and ***make discovery of documents*** means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery; Rule 1.13(1) def. of *eCase* inserted by S.R. No. 81/2023 rule 5. ***eCase*** means the electronic system— (a) that provides for— (i) the lodging of documents produced in response to subpoenas; (ii) the inspection of those documents; (iii) the lodging of objections to the inspection of those documents; and (iv) the lodging of objections to the production of documents in response to subpoenas; and (b) that is in operation in the Court from time to time; ***judgment given*** means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding; ***officer***, in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons; ***order made*** means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding; ***originating process*** means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim; ***pleading*** includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading; ***proceeding*** means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules; ***question*** means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest; ***sheriff*** includes— (a) the sheriff employed under section 6 of the **Sheriff Act 2009**; and (b) any person to whom a warrant referred to in these Rules is directed; Rule 1.13(1) def. of *Supreme Court costs scale* inserted by S.R. No. 135/2024 rule 5(2). ***Supreme Court costs scale*** means Appendix A to Chapter I of the Rules of the Supreme Court, and for the purposes of that scale the circuit fees are set out in Schedule 1; ***the Act*** means the **County Court Act 1958**. (2) In these Rules, unless the context or subject matter otherwise requires— (a) a reference to a Judge is a reference to the Court constituted by a Judge; (b) a reference to an associate judge is a reference to the Court constituted by an associate judge; (ba) a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar; (c) a reference to the Costs Court is a reference to— (i) the Costs Court constituted by a Costs Judge; and (ii) the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the **Supreme Court Act 1986** or a Deputy Costs Registrar. (3) If these Rules prescribe a form for use, that form shall be used with any necessary variation or modification. Part 4—Miscellaneous 1.14 Exercise of power (1) In exercising any power under these Rules the Court— (a) shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined; (b) may give any direction or impose any term or condition it thinks fit. (2) The Court may exercise any power under these Rules of its own motion or on the application of a party or of any person who has a sufficient interest. 1.15 Procedure wanting or in doubt (1) Where the manner or form of the procedure— (a) for commencing, or for taking any step in, a proceeding; or (b) by which the jurisdiction, power or authority of the Court is exercisable— is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions. (2) An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient. (3) An application for directions with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons. 1.16 Act by corporation Where the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer. 1.17 Corporation a party (1) Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, shall not take any step in a proceeding save by a solicitor. (2) If a corporation a party to a proceeding in the Court changes its name it shall— (a) file written notice of the change of name in the Registrar's office; and (b) serve a copy of that notice on all other parties to the proceeding. (3) The notice shall— (a) bear the title of the proceeding showing the name of the corporation before the change; and (b) specify the new name of the corporation and the date on which the name was changed. (4) After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [*old name*])". 1.18 Power to act by solicitor Unless the context or subject matter otherwise requires, any act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's solicitor. 1.19 Continuation of address for service Subject to these Rules, where in relation to a proceeding a party has an address for service under these Rules, that is the address for service of the party until the conclusion of the proceeding whether at first instance or on appeal. Order 2—Non-compliance with the Rules 2.01 Effect of non-compliance (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document, judgment or order in the proceeding a nullity. (2) Subject to Rules 2.02 and 2.03, where there has been a failure to comply with these Rules, the Court may— (a) set aside the proceeding, either wholly or in part; (b) set aside any step taken in the proceeding, or any document, judgment or order in the proceeding; (c) exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally. 2.02 Originating process The Court shall not wholly set aside any proceeding or the originating process by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process. 2.03 Application to set aside for irregularity The Court shall not set aside any proceeding or any step taken in any proceeding or any document, judgment or order in any proceeding on the ground of a failure to which Rule 2.01 applies on the application of any party unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity. 2.04 Dispensing with compliance The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises. Order 3—Time, sittings and Court office 3.01 Calculating time (1) Any period of time fixed by these Rules or by any judgment or order or by any document in any proceeding shall be calculated in accordance with this Rule. (2) Where a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded. (3) Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included. (4) Where a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded. (5) Where the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open. 3.02 Extension and abridgement (1) The Court may extend or abridge any time fixed by these Rules or by any order fixing, extending or abridging time. (2) The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires. (3) Any time fixed by these Rules or by any order fixing, extending or abridging time may be extended by consent without an order of the Court. 3.03 Fixing time Where no time is fixed by these Rules or by any judgment or order for doing any act in a proceeding, the Court may fix a time. 3.04 Process in vacation (1) In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders. (2) Where the Court makes an order under paragraph (1), the party on whose application the order was made shall serve a copy of the order— (a) in the case of an order with respect to the time for appearance to originating process, with the originating process; (b) in any other case, on every other party forthwith. 3.05 Time for service (1) In this Rule ***document*** does not include originating process. (2) In calculating the time fixed by these Rules or by any order fixing, extending or abridging time any document which is served after 4.00 p.m. or on any day the office of the Court is closed shall be taken to have been served on the next day the office is open. 3.06 Proceedings after a year Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give to every other party not less than one month's notice in writing of that party's desire. 3.07 Sittings and vacation The sittings and vacations of the Court shall be held at such times as the Chief Judge shall direct. 3.08 Office The office of the Court shall be open on every day of the year except Saturdays, Sundays, the Tuesday following Easter, and every day duly appointed as a general public holiday. 3.09 Office hours The hours of the office of the Court are from 9.00 a.m. to 4.00 p.m. Order 4—Process in the Court 4.01 How proceeding commenced Except where otherwise provided by or under any Act or these Rules, a proceeding in the Court shall be commenced by writ or by originating motion. 4.02 Interlocutory application Unless the Court otherwise orders and subject to any practice note applying to a proceeding in a specialist list, an interlocutory or other application in a proceeding made on notice to any person shall be by summons and, if not on notice, shall be made orally. 4.03 Names of parties (1) Except as provided by paragraph (2), a person who commences a proceeding shall be called a plaintiff and a person against whom a proceeding is commenced shall be called a defendant. (2) A person who commences a proceeding under Rule 32.03, 32.05, 37.02 or 75.06(3) shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent. (3) A person who appeals shall be called an appellant and any other party to the appeal shall be called a respondent. (4) Where any appellant or respondent is a party, the appellant or respondent shall be so identified in any document in the proceeding in relation to the appeal by the expression "(Plaintiff)", "(Defendant)", "(Applicant)" or other description of party after the word "Appellant" or "Respondent" in the title of the document. 4.04 When writ required Except as provided by Rules 4.05 and 4.06, every proceeding shall be commenced by writ. 4.05 When originating motion required A proceeding shall be commenced by originating motion— (a) where there is no defendant to the proceeding; (b) where by or under any Act an application is authorised to be made to the Court; or (c) where required by these Rules. 4.06 Optional commencement by originating motion A proceeding may be commenced by originating motion where— (a) it is unlikely that there will be any substantial dispute of fact; and (b) for that reason it is appropriate that there be no pleadings or discovery. 4.07 Continuation as writ of proceeding by originating motion (1) Where a proceeding in which there is a defendant is commenced by originating motion, but ought by or under any Act or these Rules to have been commenced by writ, or might in the opinion of the Court more conveniently continue as if commenced by writ— (a) the Court may order that the proceeding continue as if it had been commenced by writ and may, in particular, order that any affidavits already filed in the proceeding shall stand in place of pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof or that pleadings be served between the parties, and that the parties have discovery of each other; and (b) by virtue of that order, the proceeding shall be taken to have been duly commenced for all purposes on the day the originating motion was filed. (2) Any reference in these Rules to a proceeding commenced by writ shall, unless the context otherwise requires, be taken to include a reference to a proceeding in respect of which an order has been made under paragraph (1). 4.08 Urgent case In an urgent case, on the application of a person who intends to commence a proceeding and upon that person's undertaking to commence the proceeding within such time as the Court directs, the Court may make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding. Part 2—Certification requirements for proceedings 4.09 Overarching obligations certification For the purposes of section 41(2) of the **Civil Procedure Act 2010** the overarching obligations certification shall be in Form 4A. 4.09.1 Certification of prior overarching obligations certification (1) For the purposes of section 41(5)(a)(i) of the **Civil** **Procedure Act 2010**, the specified period is the period of two years prior to the date of the certification under section 41(5)(b) of that Act. (2) For the purposes of section 41(5)(b) of the **Civil Procedure Act 2010**, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act shall be in Form 4AB. 4.10 Proper basis certification (1) For the purposes of section 42(1C) of the **Civil Procedure Act 2010**, processes in the Court for the registration or enforcement of judgments are exempt from the proper basis certification requirements under the **Civil Procedure Act** **2010**. (2) For the purposes of section 42(2) of the **Civil Procedure Act 2010**, the proper basis certification shall be in Form 4B. 4.11 * * * * * 4.12 Making of certification A certification required by Part 4.1 of Chapter 4 of the **Civil Procedure Act 2010** is to be bound into or attached to the relevant document to which the certification relates. Order 5—Content, filing and duration of originating process 5.01 Definition In this Order, ***originating process*** means writ, originating motion or other process by which a proceeding is commenced. 5.02 Form of originating process (1) A writ shall be in Form 5A. (2) An originating motion shall be in Form 5B, 5C, 5D or 5E, whichever is appropriate. 5.03 Appearance (1) A writ and, unless there is no defendant, an originating motion shall be indorsed with a statement to the effect that if the defendant does not file an appearance within the time stated in the originating process, the plaintiff may obtain judgment against the defendant without further notice. (2) Except as provided in paragraph (3), the time for appearance to be stated in the originating process shall be as provided by Rule 8.04. (3) An originating motion under Order 53 which names a defendant shall state that the defendant may file an appearance on or before the day specified in the originating motion for application to the judge. 5.04 Indorsement of claim on writ (1) A writ shall contain an indorsement of claim. (2) The indorsement of claim shall be— (a) a statement of claim; or (b) a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding. (3) An indorsement of claim on a writ shall constitute a statement of claim if, but only if, it is headed "Statement of Claim". 5.05 Indorsement of claim on motion An originating motion shall specify the relief or remedy sought and the Act, if any, under which the claim is made and, where it includes any question to be answered, the question shall be stated. 5.06 Indorsement as to capacity Where a party sues or is sued in a representative capacity, the originating process shall be indorsed with a statement showing that capacity. 5.07 Address of parties (1) An originating process shall be indorsed with— (a) the address of the plaintiff, and, where the plaintiff sues in person and that address is outside Victoria, also an address within Victoria for service in accordance with Rule 6.06; (b) the address of any defendant; (c) where the plaintiff sues by a solicitor, the name or firm and the business address within Victoria of the solicitor and also, if the solicitor is the agent of another, the name or firm and the business address of the principal; and (d) an email address for service on the plaintiff. (1.1) On the application of the plaintiff, the Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (1)(d). (2) Where any originating process is indorsed with the name of a solicitor— (a) the solicitor shall, on request in writing by a defendant declare in writing whether the originating process was filed by the solicitor; and (b) if the solicitor declares in writing that the originating process was not filed by the solicitor, the Court may stay the proceeding. 5.08 Place and mode of trial (1) A writ shall be indorsed with a statement of the place and mode of trial desired. (2) If the writ is not indorsed with a statement as to the place of trial, the plaintiff shall be taken to desire trial in Melbourne and, if the writ is not indorsed with a statement as to the mode of trial, the plaintiff shall be taken to desire trial without a jury. (3) The plaintiff may indorse an originating motion with a statement of the place of trial desired and, if the originating motion is not so indorsed, the plaintiff shall be taken to desire trial in Melbourne. 5.09 Stay on payment of costs (1) Where in a proceeding commenced by writ the plaintiff claims a debt only, the writ shall be indorsed with— (a) a statement of the amount of the debt and the amount claimed for costs; and (b) a statement that the proceeding will come to an end if, within the time limited for filing an appearance, the defendant pays the amounts so claimed to the plaintiff or the plaintiff's solicitor. (2) Where a writ is indorsed in accordance with paragraph (1), and the defendant pays the amounts claimed within the time limited for filing an appearance, then, except as provided by paragraph (3), the proceeding shall come to an end. (3) The defendant may, notwithstanding the payment, have the costs taxed and, if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation. 5.10 * * * * * 5.11 Filing of originating process (1) A proceeding— (a) shall be commenced by filing the originating process; (b) is filed— (i) when the Registrar or proper officer receives the originating process and seals and dates the same; or (ii) if the originating process is sent to the Court electronically, when it is received by CITEC Confirm. (2) The originating process filed shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person. (3) Upon an originating process being filed or at any later time, the Registrar on the request of the plaintiff shall seal a sufficient number of copies of the originating process for service and proof of service. (4) In a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, where it exceeds 25 pages, of the relevant parts shall be lodged with the Registrar at the time the originating motion is filed. (5) If the Registrar's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be lodged in the Registrar's office on the day the office is next open— (a) the Court may initial the originating process and such number of copies as are required for service or proof of service; and (b) upon such initialling the originating process shall be taken to have been filed. 5.12 Duration and renewal of originating process (1) A writ or an originating motion shall be valid for service for one year after the day it is filed. (2) Where a writ or an originating motion has not been served on a defendant, the Court may from time to time by order extend the period of validity for such period from the day of the order as the Court directs, being not more than one year from that day. (3) An order may be made under paragraph (2) before or after expiry. (4) The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard the Court shall adjourn the further hearing and direct the plaintiff to give notice to the defendant by summons or otherwise. (5) Where an order is made under paragraph (2), the Registrar shall stamp any sealed copy originating process for service with the date of the order and the extended date of validity. Order 6—Service 6.01 When personal service necessary Any document required or permitted to be served in a proceeding may be served personally but, unless personal service is required by these Rules or by order, need not be served personally. 6.02 Personal service of originating process (1) Except where otherwise provided by or under any Act or these Rules, originating process shall be served personally on each defendant. (2) Where a defendant to any originating process files an unconditional appearance, the originating process shall be taken to have been served on the defendant personally on the day on which the appearance is filed or on such earlier day as may be proved. 6.03 How personal service effected (1) Personal service of a document is effected by— (a) leaving a copy of the document with the person to be served; or (b) if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document. (2) In the case of originating process— (a) the copy for service shall be sealed in accordance with Rule 5.11; and (b) if the originating process was filed electronically in accordance with Part 2 of Order 28, and a filing confirmation notice was produced in respect of it under Rule 28.11(1)(c)(ii), shall have attached to it a copy of the filing confirmation notice. (3) To effect personal service it shall not be necessary to show the original document. 6.04 Service on particular defendants Personal service of a document may be effected by serving the document in accordance with Rule 6.03, in the case of— (a) a corporation— (i) on the mayor, chairman, president or other head officer of the corporation; or (ii) on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or (iii) if provision is made by or under any Act for service on a corporation by serving the document in accordance with that provision; (b) a minor, on a parent or guardian of the minor and, if there is none, on the person with whom the minor resides or in whose care the minor is; (c) a handicapped person as defined in Rule 15.01, on— (i) the person who, in accordance with Rule 15.03(2), would be entitled to be litigation guardian in any proceeding to which the handicapped person was party; or (ii) if there is no such person, the person with whom the handicapped person resides or in whose care the handicapped person is; (d) the Crown in right of the Commonwealth or the Commonwealth— (i) on the Attorney-General of the Commonwealth; or (ii) on a person appointed by the Attorney‑General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth; (e) the Crown in right of Victoria or the State of Victoria, on the Victorian Government Solicitor. 6.05 Motor car or accidental death or bodily injury (1) In any proceeding in which the plaintiff claims damages in respect of death or bodily injury caused by or arising out of the use of a motor car, originating process shall not be taken to have been served on the defendant unless a copy of the originating process is served on the defendant in accordance with these Rules and also on the Transport Accident Commission. (2) In any proceeding in which the plaintiff claims damages in respect of death or bodily injury suffered on or after 1 September 1985 arising out of or in the course of employment, originating process shall not be taken to have been served on the defendant unless a copy of the originating process is served on the defendant in accordance with these Rules and also on the Victorian WorkCover Authority. (3) If, in a proceeding to which paragraph (1) or (2) applies, a copy of the originating process has been duly served on the defendant but not on the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) the Court may, notwithstanding paragraph (1) or (2), order that the originating process be taken to have been served on the defendant. 6.06 Address for service (1) The address for service of a plaintiff shall be— (a) where the plaintiff sues by a solicitor, the business address of that solicitor indorsed on the originating process or, where the solicitor acts by an agent, the business address of the agent; (b) where the plaintiff sues in person, the plaintiff's address in Victoria indorsed on the originating process. (2) The address for service of a defendant shall be as provided in Rule 8.06. 6.06.1 Solicitor changing address (1) Where the business address of a solicitor or of the agent of a solicitor given in accordance with Rule 6.06 or 8.06 is changed, the solicitor shall forthwith file notice of the change and serve a copy of the notice on every party. (2) Upon the filing and service of notice in accordance with paragraph (1) the address for service of the party for whom the solicitor acts shall be the new business address of the solicitor or, if the business address of the agent of the solicitor is changed, the new business address of the agent, stated in the notice. (3) If a solicitor required under paragraph (1) to file and serve notice does not do so, a document not required to be served personally on the party for whom the solicitor acts may, until notice is filed and served, be served on the party either at— (a) the address given in accordance with Rule 6.06; or (b) the new business address of the solicitor or of the agent, as the case may be. 6.06.2 Email address for service (1) Subject to Rule 5.07(1.1), the email address for service indorsed on the originating process shall be the email address for service of a plaintiff. (2) The email address for service of a defendant shall be provided as in Rule 8.06. 6.06.3 Party changing email address for service (1) If a party's email address for service is changed, the party shall forthwith file notice of the change and serve a copy of the notice on every other party. (2) Upon the filing and service of a notice in accordance with paragraph (1), the email address for service of the party shall be the new email address stated in the notice. 6.07 How ordinary service effected (1) Where personal service of a document is not required, the document may be served— (a) by leaving the document at the proper address of the person to be served on any day on which the Registrar's office is open; (b) by posting the document to the person to be served at the person's proper address; (c) where provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision; Rule 6.07(1)(d) revoked by S.R. No. 120/2023 rule 4(1). (e) where the solicitor for a party has facilities for the reception by telephone transmission of a facsimile of a document, by telephone transmission of the document in accordance with paragraph (2.1); or (f) by emailing the document to the person's email address in accordance with paragraph (2.2). The **Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including by facsimile transmission and email, in accordance with that Act. (2) For the purpose of paragraph (1), the proper address of a person shall be the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address shall be— (a) in the case of an individual, the individual's usual or last known place of residence or of business; (b) in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm; (c) in the case of a corporation, the registered or principal office of the corporation. (2.1) A document that is served by telephone transmission shall include a cover page stating— (a) the name, address and telephone number of the sender; (b) the name of the solicitor to be served; (c) the date and time of transmission; (d) the total number of pages transmitted, including the cover page; (e) the telephone number from which the document is transmitted; (f) the name and telephone number of a person to contact in the event of any problem in transmission of the document; (g) that the transmission is by way of service under paragraph (1)(e). Rule 6.07(2.2) amended by S.R. No. 73/2023 rule 5(1). (2.2) For the purposes of paragraph (1)(f), but subject to paragraphs (2.3) and (2.4), a document may be served either by attaching it to an email sent to the person's email address for service or by providing, in an email sent to the person's email address for service, an operative hyperlink (which must not expire before 120 days after the email is sent) to the document, and in either case the email shall state— (a) the name, address, telephone number and email address of the sender; (b) the name of the person to be served; (c) the title and court file number of the proceeding to which the email relates; (d) the name and number of pages of each document served by means of the email; and (e) that the email is by way of service under paragraph (1)(f). (2.3) The file name of the document being served shall be substantially similar to the name of the document as stated in the email pursuant to paragraph (2.2)(d). Rule 6.07(2.4) substituted by S.R. No. 73/2023 rule 5(2). (2.4) A document (including any affidavit) that is more than 10 megabytes may be sent— (a) by multiple emails, none of which has more than 10 megabytes of attachments; or (b) by operative hyperlink which must not expire before 120 days after the email is sent. (3) Where no person can be found at the address for service of a plaintiff who sues or a defendant who has appeared in person, any document in the proceeding may be served on that plaintiff or defendant by leaving one copy at such address and by filing another copy. (3.1) A party who serves a document by filing in accordance with paragraph (3) shall indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service. (4) Service in accordance with paragraph (1)(a) or (1)(e) which is effected after 4.00 p.m. shall for the purpose of calculating any period of time after that service be taken to have been effected on the next day the Registrar's office is open. Rule 6.07(5) substituted by S.R. No. 120/2023 rule 4(2). (5) The day of service of a document sent by post in accordance with paragraph (1)(b) shall be taken to be the day it would be delivered in the normal course of post or on such other day as may be proved. Rule 6.07(6) revoked by S.R. No. 120/2023 rule 4(3). 6.08 Identity of person served For the purposes of proof of service, evidence of a statement by a person of that person's identity or that the person holds some office is evidence of that person's identity or that the person holds that office. 6.09 Acceptance of service by solicitor (1) This Rule applies to service of a document whether or not required to be served personally. (2) If a solicitor makes a note on a copy of a document that service of the document is accepted on behalf of a person, the document shall be taken to have been served on the person on the day the solicitor made the note, unless the solicitor is shown not to have had authority to accept service. (3) Paragraph (2) does not limit other service of the document on the person or proof of such service. 6.10 Substituted service (1) Where for any reason it is impracticable to serve a document in the manner required by these Rules, the Court may order that, instead of service, such steps be taken as the Court specifies for the purpose of bringing the document to the notice of the person to be served. (2) Where the Court makes an order under paragraph (1), the Court may order that the document be taken to have been served— (a) on the happening of any specified event; or (b) on the expiry of any specified time. (3) The Court may make an order under paragraph (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the proceeding commenced. 6.11 Confirmation of informal service Where for any reason a document has not been served in the manner required by these Rules, but the document has come to the notice of the person to be served, the document shall be taken to have been served on the day it came to the person's notice. 6.12 Service by filing (1) Where the service of a document on a party to a proceeding is required or permitted, but personal service is not required, and that party is in default of appearance or has no address for service in the proceeding, the filing of the document shall, unless the Court otherwise orders, have effect as service of the document on that person. (2) A party who serves a document by filing in accordance with paragraph (1) shall indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service. 6.13 Service on agent (1) Where a contract has been entered into within Victoria by or through an agent residing or carrying on business within Victoria on behalf of a principal residing or carrying on business out of Victoria, originating process in a proceeding relating to or arising out of such contract may, by leave of the Court given before the determination of such agent's authority or of the agent's business relations with the principal, be served on such agent. (2) Where an order giving leave is made under paragraph (1)— (a) the order shall limit a time within which the defendant must file an appearance; and (b) a copy of the order and of the originating process shall forthwith be sent by pre-paid post to the defendant at the defendant's address out of Victoria. 6.14 Service under contract Where the parties to any proceeding have, before or after the commencement of the proceeding, agreed that originating process or any other document in the proceeding may be served on a party or on a person on behalf of a party in a manner or at a place (whether within or outside Victoria) specified in the agreement, service in accordance with the agreement shall be sufficient service. 6.15 Recovery of vacant land (1) In a proceeding for the recovery of land, the Court may— (a) if satisfied that no person appears to be in possession of the land and that service of originating process cannot be otherwise effected on any defendant without undue delay or expense, authorise service on that defendant to be effected by affixing a copy of the originating process to some conspicuous part of the land; (b) if satisfied that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant without undue delay or expense, order that service already effected by affixing a copy of the originating process to some conspicuous part of the land shall be taken to be good service on that defendant. (2) This Rule has effect notwithstanding that the defendant is outside Victoria at the time of affixing the copy of the originating process. 6.16 Service of notice by the Court Unless the Rules otherwise provide or the Court otherwise orders, where any notice or other document is to be given to or served on any person by the Court, the notice or document shall be sufficiently given or served in any manner in which a document not requiring personal service may be served under this Order. 6.17 Affidavit of service (1) In the case of personal service of a document, an affidavit of service of the document shall state— (a) by whom the document was served; (b) the hour of the day, day of the week and date on which it was served; (c) the place of service; and (d) the manner of identification of the person served. (2) In any other case of service of a document, an affidavit of service of the document shall state with relevant dates the facts constituting service. (3) An affidavit of service of originating process shall exhibit— (a) a sealed copy of the originating process; and (b) if the originating process was filed electronically in accordance with Part 2 of Order 28, and a filing confirmation notice was produced in respect of it under Rule 28.11(1)(c)(ii), a copy of the filing confirmation notice. Order 7—Service out of Australia Part 1—Service out of Australia 7.01 Part does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings This Part (which contains rules on service out of Australia) does not apply to service in New Zealand of an originating process for, or of any other document to be served in or for, a proceeding an originating process for which may be served in New Zealand under Division 2 of Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth. 7.02 When allowed without leave An originating process may be served out of Australia without leave in the following cases— (a) when the claim is founded on a tortious act or omission— (i) which was done or which occurred wholly or partly in Victoria; or (ii) in respect of which the damage was sustained wholly or partly in Victoria; (b) when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which— (i) was made or entered into in Victoria; or (ii) was made by or through an agent trading or residing within Victoria; or (iii) was to be wholly or in part performed in Victoria; or (iv) was by its terms or by implication to be governed by Victorian law or to be enforceable or cognizable in a Victorian court; (c) when the claim is in respect of a breach in Victoria of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach out of Victoria that rendered impossible the performance of that part of the contract that ought to have been performed in Victoria; (d) when the claim— (i) is for an injunction to compel or restrain the performance of any act in Victoria; or (ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Victoria, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Victoria; or (iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Order 37A in respect of any matter or thing in or connected with Victoria; (e) when the subject matter of the claim is land or other property situated in Victoria, or any act, deed, will, instrument, or thing affecting such land or property, or the proceeding is for the perpetuation of testimony relating to such land or property; (f) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Victorian law; (g) when any relief is sought against any person domiciled or ordinarily or habitually resident in Victoria (whether present in Victoria or not); (h) when any person out of Australia is— (i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Victoria or outside Victoria) under any other provision of these Rules; or (ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court; (i) when the claim is for the administration of the estate of any deceased person who at the time of death was domiciled in Victoria or is for any relief or remedy which might be obtained in any such proceeding; (j) when the claim arises under an Australian enactment and— (i) any act or omission to which the claim relates was done or occurred in Victoria; or (ii) any loss or damage to which the claim relates was sustained in Victoria; or (iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or (iv) the enactment expressly or by implication confers jurisdiction on the Court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); (k) when the person to be served has submitted to the jurisdiction of the Court; (l) when a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or occurred wholly or partly in Victoria; (m) when it is sought to recognise or enforce any judgment; (n) when the claim is founded on a cause of action arising in Victoria; (o) when the claim affects the person to be served in respect of the person's membership of a corporation incorporated in Victoria, or of a partnership or an association formed or carrying on any part of its affairs in Victoria; (p) when the claim concerns the construction, effect or enforcement of a Victorian enactment; (q) when the claim— (i) relates to an arbitration held in Victoria or governed by Victorian law; or (ii) is to enforce in Victoria an arbitral award wherever made; or (iii) is for orders necessary or convenient for carrying into effect in Victoria the whole or any part of an arbitral award wherever made; (r) when the claim is for relief relating to the custody, guardianship, protection or welfare of a minor present in Victoria or who is domiciled or ordinarily or habitually resident in Victoria (whether present in Victoria or not); (s) when the claim, so far as concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs. **Notes**