Magistrates' Court Criminal Procedure Rules 2019

Part 1—Commencing a procedure 8

13AA Electronic filing of charge-sheet 8

13 Prescribed forms for commencing a criminal proceeding 8

14 Information to be included in process served 8

15 Affidavit of service 9

16 Form of notice to appear and filing 10

17 When the Court directs that a person be prosecuted for contempt 10

Part 2—Case management and disclosure 10

18 Pre-hearing disclosure notice 10

19 Preliminary brief prescribed notice 11

20 Full brief prescribed notice 11

Part 3—Applications, orders and notices 11

21 Adjournment of a proceeding by a registrar 11

22 Summary case conference 12

23 Request for contested summary hearing 12

25 Registrar or judicial registrar may dispense with summary case conference requirement 12

26 Witness summons in a criminal proceeding 12

27 Subpoenas relating to confidential communications and protected health information 13

27A Notice to protected person 14

28 Notice of alibi 14

29 Objection to production and inspection of protected documents and things 14

30 Case abridgement application 14

31 Issuing of certificate to a victim of identity crime 15

32 Caution to be given to person charged 15

33 Certifying payment to Crown witness 15

34 Registration exemption orders 15

35 Application for rehearing 17

Part 4—Adjournment of criminal proceedings 17

36 Request for adjournment 17

40 Dispensing with compliance 18

Order 3—Warrants 19

41 Form of a warrant to arrest and issue for non‑appearance of the accused 19

42 Form of a search warrant 19

43 Form of a remand warrant 19

44 Form of a warrant to imprison 19

45 Form of a warrant to imprison for unpaid fines 19

46 Warrant to seize property application 19

47 Execution of warrant to seize property 19

48 Application of Supreme Court rules, practice and procedure 20

Order 4—Committal proceeding 21

Part 1—Appearance 21

49 Notice of appearance 21

50 Prosecution to provide relevant contact details 21

51 Legal practitioner ceasing to act 22

Part 2—Service 22

52 Mode of service 22

53 Copy of document served by electronic communication to be provided upon request 23

Part 4—Compulsory examination procedure 23

55 Form of application 23

56 Form of notice of order 23

Part 5—Pre-hearing disclosure 23

57 Notice and list of information or other documents to accompany hand-up brief 23

58 Application to permit accused to be absent from committal hearing 24

Part 6—Case direction 24

59 Prescribed form of case direction notice 24

59A Notice of issues to be addressed at committal case conference 25

Part 7—Committal mention and case conference 25

60 Notice of committal proceeding 25

61 Application to Court to fix a longer period for the holding of a committal mention hearing 25

62 Committal checklist 26

63 Closing of a committal case conference 26

Part 8—Committal hearing 26

64 Application for a joint committal 26

Part 9—Determination of committal proceeding 27

66 Notice of election to stand trial 27

67 Committal caution 27

68 Alibi caution 27

69 Legal aid warning 27

Part 10—General 28

70 Applications for summary hearing of indictable offences 28

71 Form of application 28

72 Filing of application 28

73 Service of application 28

74 Application for a special mention hearing 28

75 Parties may request registrar to cancel a special mention hearing 29

76 Statements prepared in another jurisdiction 29

Order 5—Appeals 30

Part 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 30

77 Definition 30

78 Procedure on appeal from Magistrates' Court to appropriate court 30

79 Recall and cancel process when an application for a stay is granted 32

80 Application for leave following late filing of appeal to the appropriate court 32

81 Application to set aside an order striking out an appeal in the appropriate court 32

Part 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009 33

82 Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law 33

83 When the Supreme Court stays a Magistrates' Court order 33

84 When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court 33

Order 6—Authentication of orders and warrants 34

85 Certified extract of an order 34

86 Particulars of warrants to be entered in the register 34

87 Authentication of warrants 34

88 Authentication of a digital recording 35

Order 7—Transfer of summary proceedings 36

89 Transfer of related summary proceeding on or after committal to the Supreme Court or County Court 36

90 Transfer of an offence that a magistrate refused to hear and determine summarily 36

91 Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court 36

Order 8—General 38

92 Last known place of residence or business for the purpose of service 38

93 Issue of some warrants to seize property 39

94 Prescribed person or member of a class of persons who may witness statements 39

Order 9—Audio visual or audio linking 41

95 Definition 41

96 Application for the physical appearance of an accused under section 42L of the Act 41

97 Application for appearance of an accused by audio visual link under section 42M of the Act 41

Order 10—Fines 42

98 Definitions 42

99 Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order 42

100 Consideration of application 43

101 Determination of the application 43

102 Enforcement of fines against a natural person 44

103 Enforcement of fines against body corporate 44

104 Summons for warrant to seize property returned unsatisfied 45

105 Declaration of liability of a director for offence of body corporate 45

Order 11—Procedure under the Open Courts Act 2013 47

106 Definitions 47

107 Notice of application for suppression order 47

108 Notice of application to review suppression order 47

Form 1—Charge-sheet 48

Form 2—Continuation of charges 51

Form 3—Charge-sheet and summons 53

Form 4—Charge-sheet and summons (corporate accused) 55

Form 5—Charge-sheet and warrant to arrest 58

Form 6—Do not ignore this notice 60

Form 7—Notice to appear 61

Form 8—Pre-hearing disclosure notice for matters to be determined summarily 64

Form 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding 67

Form 10—Notice accompanying preliminary brief 69

Form 11—Notice accompanying full brief 72

Form 11A—Summary case conference form 76

Form 12—Request for contested summary hearing 77

Form 13—Witness summons 81

Form 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 83

Form 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 85

Form 14—Notice of alibi 88

Form 15—Case abridgement application 89

Form 16—Application—identity crime 90

Form 17—Identity crime certificate 91

Form 18—Application for a rehearing 92

Form 19—Warrant to arrest 94

Form 20—Search warrant 96

Form 21—Remand warrant 98

Form 22—Warrant to imprison 100

Form 23—Warrant to imprison 103

Form 24—Warrant to seize property 105

Form 25—Notice of appearance 107

Form 25A—Notice that legal practitioner has ceased to act 108

Form 26—Application for compulsory examination 109

Form 27—Notice of order 110

Form 28—Notice of order 112

Form 29—Notice of committal mention date and hand-up brief 114

Form 30—List of information or other documents included in hand-up brief 118

Form 31—Application 121

Form 32—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 does not apply and/or for which Part 4.6A of that Act does not require early committal 122

Form 32A—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 applies and/or for which Part 4.6A of that Act requires early committal 126

Form 32B—Case direction notice—committal case conference issues 129

Form 33—Notice of committal proceeding 130

Form 34—Application for the fixing of a longer period for the holding of a committal mention hearing 132

Form 34A—Committal checklist 133

Form 36—Application for joint committal 135

Form 37—Caution to be given to person charged 137

Form 38—Election to stand trial 138

Form 39—Committal caution 139

Form 40—Alibi caution 140

Form 43—Certified extract 141

Form 45—Notice of application for direction that accused appear physically before court 142

Form 46—Notice of application for direction that accused appear before court by audio visual link 143

Form 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order 145

Form 48—Application for fine conversion order 147

Form 48A—Fine conversion order 149

Form 49—Consent to the making of a fine default unpaid community work order 151

Form 50—Notice about the procedures for enforcement of fines 153

Form 51—Notice about the procedure for enforcement of a fine (bodies corporate) 155

Form 52—Fine default unpaid community work order 156

Form 53—Summons for failure to pay a fine 158

Form 54—Application for suppression order 160

Form 55—Application to review a suppression order 162

Form 56—Application for registration exemption order 164

Schedule 1—Revoked statutory rules 165

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Endnotes 167

1 General information 167

2 Table of Amendments 169

3 Explanatory details 170

Version No. 008

Magistrates' Court Criminal Procedure Rules 2019

S.R. No. 143/2019

Version incorporating amendments as at

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

Order 1—Preliminary

1 Title and object

(1) These Rules constitute Chapter III of the Rules of the Magistrates' Court and are titled the Magistrates' Court Criminal Procedure Rules 2019.

(2) The object of these Rules is to provide for practice and procedure in all criminal proceedings in the Magistrates' Court of Victoria.

2 Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and section 419 of the Criminal Procedure Act 2009 and all other enabling powers.

3 Commencement

These Rules come into operation on 13 December 2019.

4 Revocations

The Rules set out in Schedule 1 are revoked.

5 Overriding objective

(1) The overriding objective of these Rules is to enable the Court to secure the just and timely determination of every criminal proceeding.

(2) Dealing with a case in a just and timely manner includes, so far as is practicable, the following—

(a) ensuring simplicity in procedure, fairness in administration and the elimination of unnecessary delay;

(b) efficiently determining all the issues in the case;

(c) ensuring an appropriate allocation of the Court's resources, while taking into account the needs of other cases.

(3) The Court, where practicable, must further the overriding objective by actively case managing criminal proceedings to—

(a) promote the early resolution of summary proceedings; and

(b) facilitate accurate and early disclosure of the prosecution case once a proceeding is commenced; and

(c) encourage parties to discuss issues in dispute relating to disclosure and negotiate outcomes; and

(d) decide the order in which the issues are to be resolved; and

(e) fix timetables or otherwise manage the progress of the case; and

(f) make use of technology to further the overriding objective; and

(g) give directions to ensure that the hearing of a case proceeds in a timely and efficient manner.

(4) In exercising any power under these Rules or interpreting any Rule the Court must seek to give effect to the overriding objective.

(5) The parties are required to assist the Court to further the overriding objective and to ensure that cases are dealt with fairly and expeditiously.

(6) For the purposes of paragraph (5) the parties are required to assist the Court to minimise delay between the date of commencement of proceedings and their final determination, other than as required to identify the factual and legal issues genuinely in dispute, and for sentencing purposes.

6 Definitions

In these Rules—

Rule 6 def. of Electronic Filing Appearance System inserted by S.R. No. 101/2022 rule 5.

Electronic Filing Appearance System means the computer system in operation in the Court from time to time which is used to manage court appearances and the adjournment of proceedings;

endorse means to mark on a file or document the date and venue of the Court;

family violence criminal proceeding means a criminal proceeding for an offence arising out of an act of family violence;

process has the same meaning as it has in section 3(1) of the Magistrates' Court Act 1989;

register means the register of all the orders of theCourt and other matters kept under section 18 of the Magistrates' Court Act 1989;

registrar means a registrar or deputy registrar of the Magistrates' Court;

Roads Corporation has the same meaning as Corporation has in the Road Safety Act 1986;

the Court means the Magistrates' Court of Victoria.

7 Proper officers

The proper officers of the Court are—

(a) for the purposes of Part 3B of the Sentencing Act 1991—all registrars and deputy registrars; and

(b) for the purposes of sections 72(4)(b) and 75(4)(b) of the Sentencing Act 1991—all registrars; and

(c) for the purposes of section 83AJ(3) of the Sentencing Act 1991—all registrars; and

Rule 7(d) amended by S.R. No. 5/2022 rule 4(a).

(d) for the purposes of section 173(7) of the Serious Offenders Act 2018—all registrars; and

Rule 7(e) inserted by S.R. No. 5/2022 rule 4(b).

(e) for the purposes of section 175(4) of the Serious Offenders Act 2018—all registrars.

8 Interpretation and application

(1) These Rules apply to every criminal proceeding in the Court whether commenced before, on or after the commencement of these Rules, except where otherwise provided by any other Act or regulation or these Rules.

(2) The Court may make any orders necessary to give effect to the operation of these Rules in relation to a proceeding commenced on or before the commencement of these Rules.

(3) In exercising any power under these Rules, the Court may give any direction or impose any terms it thinks fit.

(4) The Court may exercise any power under these Rules—

(a) of its own motion; or

(b) on the application of—

(i) a party; or

(ii) any person having a sufficient interest in the proceeding.

(5) If these Rules do not make provision or sufficient provision for a matter, the Court may give any directions or rulings about the matter that the Court considers appropriate.

9 Non-compliance

(1) Non-compliance with a Rule does not invalidate a proceeding, unless the Court directs or orders otherwise.

(2) The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.

(3) In addition to paragraph (2), the Court may—

(a) set aside all or part of the proceeding; or

(b) make any other order it considers appropriate.

10 Content and form of documents

(1) A document other than a form prescribed by these Rules prepared by a party for use in the Court must be prepared in accordance with this Rule.

(2) A document must—

(a) be headed "In the Magistrates' Court of Victoria at" stating the venue of the Court in which the proceeding is to be heard and determined; and

(b) show any identifying number assigned by the Court to the proceeding.

(3) A document must contain on the front sheet—

(a) the title of the proceeding and any identifying number; and

(b) a short description of the document; and

(c) the name of the party on whose behalf it is filed; and

Rule 10(3)(d) amended by S.R. No. 129/2023 rule 5.

(d) if a legal practitioner prepares the document, the name, address, email address, telephone number, name of the legal practitioner's firm, code reference of the legal practitioner's firm and the legal practitioner's reference; and

(e) if the party on whose behalf the document is filed acts without a legal practitioner, the name, address, email address and telephone number of the party.

(4) The text of a document must be clear, sharp, legible and permanent.

(5) A document must not bear any erasure or alteration that causes material disfigurement.

(6) The Court may require any document in a proceeding to be prepared in any manner it thinks fit.

(7) Dates, amounts and other numbers must be expressed in figures and not in words.

11 Stamping of filed documents

Any document filed with the Court shall be stamped by a registrar with the date and venue of the Court.

12 Procedure under the Vexatious Proceedings Act 2014

Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[1] applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.

Order 2—Criminal procedure

Part 1—Commencing a procedure

Rule 13AA inserted by S.R. No. 80/2020 rule 3.

13AA Electronic filing of charge-sheet

For the purposes of section 6(1)(a) of the Criminal Procedure Act 2009 a charge-sheet may also be filed by email with a registrar.

13 Prescribed forms for commencing a criminal proceeding

The prescribed form for—

(a) a charge-sheet is Form 1; and

(b) a continuation of charges is Form 2; and

(c) a charge-sheet and summons is Form 3; and

(d) a charge-sheet and summons (corporate accused) is Form 4; and

(e) a charge-sheet and warrant to arrest is Form 5.

14 Information to be included in process served

(1) In a criminal proceeding information in Form 6 must be included with and form part of—

(a) any originating process served on an accused; and

(b) any process served on a witness; and

(c) any witness summons served on a person.

Forms prescribed under Rule 13 are all examples of originating process documents.

(2) Information in Form 6 must be included with and form part of any originating process and any other document served on a person in a proceeding for enforcement of a fine.

(3) Form 6 must be included in and form part of—

(a) any notice to appear; and

(b) any notice accompanying a preliminary brief; and

(c) any notice accompanying a full brief.

(4) The information in Form 6 must be available in—

(a) English; and

(b) Mandarin; and

(c) Punjabi; and

(d) Dari; and

(e) Persian; and

(f) Dinka; and

(g) Arabic; and

(h) Vietnamese; and

(i) Turkish; and

(j) Thai; and

(k) Hindi; and

(l) Swahili; and

(m) Cantonese.

15 Affidavit of service

(1) An affidavit of service must be in the first person.

(2) In the case of personal service of a document under section 391 of the Criminal Procedure Act 2009, an affidavit of service of a document must state the following—

(a) who served the document and the person's occupation;

(b) the time, day of the week and date on which it was served;

(c) the place of service;

(d) the manner of identification of the person served.

(3) In any other case of service of a document under sections 392, 393 and 394 of the Criminal Procedure Act 2009 the affidavit of service must state with relevant dates the facts constituting service.

16 Form of notice to appear and filing

(1) A notice to appear served under section 21 of the Criminal Procedure Act 2009 must be in Form 7.

(2) A notice to appear is to be filed at the Magistrates' Court venue nominated on the notice with a charge-sheet and affidavit of service or declaration of service for the purposes of section 22 of the Criminal Procedure Act 2009.

17 When the Court directs that a person be prosecuted for contempt

When the Court directs that a person be arrested or brought before the Court for contempt under sections 133 and 134 of the Magistrates' Court Act 1989 the Court is to inform the accused of the contempt by providing the charge-sheet to the accused.

Part 2—Case management and disclosure

18 Pre-hearing disclosure notice

(1) A summons to answer to a charge or a warrant to arrest issued under section 12 or 14 of the Criminal Procedure Act 2009 must be accompanied by a notice in the form of—

(a) Form 8 if the charge is—

(i) an indictable offence that may be determined summarily and a committal proceeding has not been requested; or

(ii) a summary offence; or

(b) Form 9 if the charge is an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding.

(2) If a notice to appear was served and a charge-sheet filed with the Court, a notice in Form 8 must accompany a preliminary brief or full brief.

19 Preliminary brief prescribed notice

(1) For the purposes of section 37(1)(b) of the Criminal Procedure Act 2009 the prescribed form of notice to be included in the preliminary brief is the notice in Form 10.

(2) When serving a preliminary brief in accordance with section 24 of the Criminal Procedure Act 2009, an informant shall provide the accused a copy of the notice to appear served.

20 Full brief prescribed notice

For the purposes of section 41(1)(a) of the Criminal Procedure Act 2009 the prescribed form of notice to be included in the full brief is the notice in Form 11.

Part 3—Applications, orders and notices

21 Adjournment of a proceeding by a registrar

When an accused makes an application to a registrar to adjourn a proceeding under section 20 of the Criminal Procedure Act 2009 the registrar may refer the matter to a magistrate for determination.

22 Summary case conference

(1) A summary case conference may be conducted by the parties before any mention hearing.

(2) A summary case conference may be conducted—

(a) in person; or

(b) by telephone; or

(c) other means of communication.

(3) At a summary case conference the parties must use their best endeavours to resolve any issue in dispute.

(4) The parties to a summary case conference may jointly request a matter to be listed for contest mention, further mention or sentencing indication.

(5) A request under paragraph (4) must—

(a) be in Form 11A; and

(b) be filed with the registrar.

23 Request for contested summary hearing

A request for a matter to be listed for a contested summary hearing shall be in Form 12 and filed with the registrar.

25 Registrar or judicial registrar may dispense with summary case conference requirement

The Court constituted by a registrar or judicial registrar may dispense with the requirement to conduct a summary case conference where an accused is not legally represented under section 54(5) of the Criminal Procedure Act 2009.

26 Witness summons in a criminal proceeding

(1) For the purposes of section 43 of the Magistrates' Court Act 1989, a witness summons must be in Form 13.

(2) A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.

(3) Where a witness summons relates to a corporate accused it may be directed to one or more persons.

Rule 27 (Heading) substituted by S.R. No. 129/2023 rule 6(1).

27 Subpoenas relating to confidential communications and protected health information

Rule 27(1) substituted by S.R. No. 129/2023 rule 6(2).

(1) For the purposes of section 32CC(1) of the Evidence (Miscellaneous Provisions) Act 1958, notice of an intention to apply for leave under section 32C(1) of that Act must be in Form 13A.

Rule 27(2) amended by S.R. No. 129/2023 rule 6(3).

(2) If an application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 is in respect of a summary contested hearing—

(a) the application must be heard at least 4 weeks before the contested hearing unless the Court fixes a shorter period between the application and the contested hearing; and

(b) the party applying for leave must serve the application not less than 14 days before the hearing date of the application unless directed otherwise by the Court.

Rule 27(2) renumbered as rule 27(3) by S.R. 129/2023 rule 6(4).

(3) If leave is granted under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 the witness summons is, where possible, to be made returnable before the magistrate who granted leave.

Rule 27A inserted by S.R. No. 129/2023 rule 7.

27A Notice to protected person

For the purposes of section 32CD(3)(b) of the Evidence (Miscellaneous Provisions) Act 1958, a notice under section 32CD(1) of that Act must be in Form 13B.

28 Notice of alibi

For the purposes of section 51(5) of the Criminal Procedure Act 2009 a notice of alibi is to be in Form 14.

29 Objection to production and inspection of protected documents and things

(1) When a protected person produces any sealed document or other thing in answer to a subpoena in accordance with section 48 of the Independent Broad-based Anti-corruption Commission Act 2011 a registrar must acknowledge receipt by signing the record provided.

(2) Where a protected person gives notice of an objection to the production of any document or other thing under section 48(2) of the Independent Broad-based Anti-corruption Commission Act 2011 and applies to the Court for the determination of the application, the matter will be listed for a directions hearing.

30 Case abridgement application

(1) An application to abridge a court hearing date under section 331(3) of the Criminal Procedure Act 2009 must be in Form 15.

(2) The applicant must file the application referred to in paragraph (1) with the Court and notify the respondent of the application.

31 Issuing of certificate to a victim of identity crime

(1) An application for an identity crime certificate under section 89F of the Sentencing Act 1991 must be in Form 16.

(2) The prescribed form of an identity crime certificate under section 89F of the Sentencing Act 1991 is Form 17.

32 Caution to be given to person charged

For the purposes of section 68(1) of the Criminal Procedure Act 2009, the caution set out in Form 37 may be used by the Court.

33 Certifying payment to Crown witness

A registrar or a deputy registrar may certify a payment of allowances and expenses to a Crown witness.

34 Registration exemption orders

(1) An application under section 11A of the Act must be in Form 56.

(2) For the purposes of section 11D(1)(b) of the Act, the prescribed information is the information set out in Form 56.

(3) An application under section 11A of the Act must be accompanied by an affidavit stating—

(a) the age of the applicant during the commission of the specified offence to which the application relates; and

(b) the date on which the applicant first received notice of the applicant's reporting obligations; and

(c) whether the applicant is—

(i) a registrable offender for any other registrable offence in Victoria; or

(ii) a corresponding registrable offender; or

(iii) a New South Wales registrable offender; and

(d) to the best of the applicant's own knowledge—

(i) the age of any victim of the specified offence to which the application relates at the time of the commission of the specified offence; and

(ii) the age of any victim depicted or described in any material to which the specified offence relates; and

(iii) whether the specified offence was committed against more than one victim.

(4) An application under section 11A of the Act must also be accompanied by a copy of the registration order if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.

(5) In this Rule—

corresponding registrable offender has the same meaning as in the Act;

foreign jurisdiction has the same meaning as in the Act;

New South Wales registrable offender has the same meaning as in the Act;

registrable offence has the same meaning as in the Act;

registrable offender has the same meaning as in the Act;

reporting obligations has the same meaning as in the Act;

the Act means the Sex Offenders Registration Act 2004.

35 Application for rehearing

An application for a rehearing under section 88 of the Criminal Procedure Act 2009 must be in Form 18.

Part 4—Adjournment of criminal proceedings

Rule 36 (Heading) substituted by S.R. No. 101/2022 rule 6(1).

36 Request for adjournment

Rule 36(1) revoked by S.R. No. 101/2022 rule 6(2).

(2) A written application for an adjournment must—

(a) state the current status of the case; and

(b) state whether the brief has been received; and

(c) state whether a case conference has been held and, if so, the outcome; and

(d) state whether the accused is legally represented; and

Rule 36(2)(da) inserted by S.R. No. 101/2022 rule 6(3).

(da) state how the adjournment will progress the case; and

(e) include any other relevant information.

Rule 36(2A) inserted by S.R. No. 101/2022 rule 6(4).

(2A) An application for adjournment filed by a legal practitioner must be filed electronically using the Electronic Filing Appearance System, unless otherwise directed by the Court.

(3) An unrepresented accused who wishes to apply for an adjournment must contact the Court to apply for the adjournment.

Rule 36(4) revoked by S.R. No. 101/2022 rule 6(5).

Rules 37−39 revoked by S.R. No. 101/2022 rule 7.

40 Dispensing with compliance

The Court may dispense with compliance with any of the requirements of this Part either before or after the occasion for compliance arises.

Order 3—Warrants

41 Form of a warrant to arrest and issue for non‑appearance of the accused

A warrant to arrest issued under section 61 of the Magistrates' Court Act 1989 or under the Criminal Procedure Act 2009 must be in Form 19.

42 Form of a search warrant

A search warrant issued under section 75 of the Magistrates' Court Act 1989 must be in Form 20.

43 Form of a remand warrant

A remand warrant issued under section 79 of the Magistrates' Court Act 1989 must be in Form 21.

44 Form of a warrant to imprison

A warrant to imprison issued under section 68(a) or section 68(c) of the Magistrates' Court Act 1989 must be in Form 22.

45 Form of a warrant to imprison for unpaid fines

A warrant to imprison issued under section 68(b) of the Magistrates' Court Act 1989 must be in Form 23.

46 Warrant to seize property application

A warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding must be in Form 24.

47 Execution of warrant to seize property

(1) Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding but need not be sold.

(2) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding and may be held as security for money due under an order or the unsatisfied part of an order.

(3) For the purposes of property held as security for money under paragraph (2), when payment becomes due, the person to whom the warrant is directed—

(a) may demand and receive payment of the money; and

(b) may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or payable.

48 Application of Supreme Court rules, practice and procedure

Subject to this Order, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property issued for the enforcement of an order made by the Court in a criminal proceeding.

Order 4—Committal proceeding

Part 1—Appearance

49 Notice of appearance

(1) A legal practitioner who represents an accused in a committal proceeding must file with the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a notice of appearance in Form 25.

(2) The filing and service of a notice of appearance required by paragraph (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.

50 Prosecution to provide relevant contact details

(1) Within 7 days after receipt of a notice of appearance, the DPP or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—

(a) the name and address of the prosecutor handling the matter;

Rule 50(1)(b) amended by S.R. No. 129/2023 rule 8.

(b) the email address or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;

Rule 50(1)(c) amended by S.R. No. 129/2023 rule 8.

(c) the email address or address of usual business for the service of documents on the informant.

(2) If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a notice of appearance, the DPP or the other person or body must advise the Court of their relevant contact details.

51 Legal practitioner ceasing to act

If a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible—

(a) file a notice in the Court that the legal practitioner has ceased to act in Form 25A; and

(b) serve a copy of the notice on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding.

Part 2—Service

52 Mode of service

In a committal proceeding, service of a document by a party may be effected on an accused by electronic communication to the accused's legal practitioner as specified in the notice of appearance.

Notes

See section 391 of the Criminal Procedure Act 2009 for service of documents on the accused.

See section 392 of the Criminal Procedure Act 2009 for service of documents on the informant or DPP.

53 Copy of document served by electronic communication to be provided upon request

The original document (if a copy of a document was served by electronic communication) must be retained by the party serving the document and must be provided to the Court if the Court so requests.

Part 4—Compulsory examination procedure

55 Form of application

An application under section 103 of the Criminal Procedure Act 2009 for a person to attend before the Court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both must be in Form 26.

56 Form of notice of order

For the purposes of section 105 of the Criminal Procedure Act 2009, notice of an order requiring a person to attend before the Court must be—

(a) in Form 27, if it is to be served on the accused; or

(b) in Form 28, if it is to be served on the person to whom the order relates.

Part 5—Pre-hearing disclosure

57 Notice and list of information or other documents to accompany hand-up brief

(1) For the purposes of section 110(a) of the Criminal Procedure Act 2009 the prescribed form of notice is Form 29.

(2) A list of information or other documents contained in a hand-up brief under section 110 of the Criminal Procedure Act 2009 must be in Form 30.

58 Application to permit accused to be absent from committal hearing

(1) An application for an accused to be absent from a committal hearing under section 135(1) of the Criminal Procedure Act 2009 must be in Form 31.

(2) An application under paragraph (1) must be made 7 days before the first day of absence from the committal hearing, unless otherwise directed by the Court.

Part 6—Case direction

Rule 59 substituted by S.R. No. 133/2025 rule 5.

59 Prescribed form of case direction notice

(1) Subject to paragraph (2), for the purposes of section 119(a) of the Criminal Procedure Act 2009, the prescribed form of a case direction notice is Form 32.

(2) For the purposes of section 119(a) of the Criminal Procedure Act 2009, the prescribed form of a case direction notice for any of the following proceedings is Form 32A—

(a) a proceeding that relates (wholly or partly) to a charge for—

(i) a sexual offence; or

(ii) a family violence offence; or

(iii) an offence against section 21A(1) of the Crimes Act 1958 (stalking);

(b) a proceeding in which Part 4.6A of the Criminal Procedure Act 2009 requires the Court to commit the accused for trial in the Supreme Court.

See also Rule 59A which prescribes the form of notice of the issues arising in the committal proceeding that are to be addressed at the committal case conference (Form 32B).

Rule 59A inserted by S.R. No. 133/2025 rule 6.

59A Notice of issues to be addressed at committal case conference

(1) On filing a case direction notice under section 118 of the Criminal Procedure Act 2009, the parties to the committal proceeding must file a notice of the issues identified by the parties to be addressed at the committal case conference.

(2) Paragraph (1) does not apply if the parties to the committal proceeding seek a determination that a committal case conference is not required to be held and have set out the grounds for their request in Form 32 or Form 32A.

(3) A notice under paragraph (1) must be in Form 32B.

Part 7—Committal mention and case conference

60 Notice of committal proceeding

On the conclusion of the filing hearing, the registrar must provide the accused with a notice in Form 33.

61 Application to Court to fix a longer period for the holding of a committal mention hearing

If the Court has fixed a committal mention date, an application under section 126 of the Criminal Procedure Act 2009 for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 34.

62 Committal checklist

If, at a committal mention hearing, the parties to a matter request that it be listed for committal hearing, the parties must provide the Court with a committal checklist in Form 34A at the committal mention hearing.

63 Closing of a committal case conference

Rule 63(1)(2) revoked by S.R. No. 133/2025 rule 7(1).

Rule 63(3) amended by S.R. No. 133/2025 rule 7(2).

(3) The Court may order, pursuant to section 125 of the Magistrates' Court Act 1989, that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the purpose set out in section 127(1) of the Criminal Procedure Act 2009.

Part 8—Committal hearing

64 Application for a joint committal

(1) An application for a joint committal under section 25(4) of the Magistrates' Court Act 1989 must be in Form 36.

(2) The registrar of the Court must notify the Children's Court of any application for a joint committal.

(3) The registrar of the Court must provide a copy of an order made by the Court for a joint committal to the registrar of the Children's Court.

Rule 65 revoked by S.R. No. 133/2025 rule 8.

Part 9—Determination of committal proceeding

Rule 66 amended by S.R. No. 133/2025 rule 9.

66 Notice of election to stand trial

Where an accused elects to stand trial under section 143 of the Criminal Procedure Act 2009, a notice in Form 38 must be filed with the Court.

67 Committal caution

For the purposes of section 144(2)(b)(iii) of the Criminal Procedure Act 2009, the Court may inform the accused by using the manner of caution set out in Form 39.

68 Alibi caution

For the purposes of section 144(2)(b)(i) of the Criminal Procedure Act 2009, the Court may inform the accused of the provisions of section 190 of the Criminal Procedure Act 2009 by using the manner of caution set out in Form 40.

69 Legal aid warning

For the purposes of section 144(2)(a) of the Criminal Procedure Act 2009, the following caution or a caution to the same effect must be read to the accused—

"I am required to inform you of the importance of obtaining legal representation for the trial and that if you wish to be legally aided, it is your responsibility to make an application to Victoria Legal Aid as soon as possible.".

Part 10—General

70 Applications for summary hearing of indictable offences

(1) An application for a summary hearing of an indictable offence listed for a committal hearing must be in writing, filed with the Court and served on the informant, unless the Court otherwise directs.

(2) If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.

71 Form of application

Unless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 31.

72 Filing of application

Unless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.

73 Service of application

The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.

74 Application for a special mention hearing

(1) A party may apply to the Court for a special mention hearing.

(2) An application must—

(a) set out the purpose of the application for the special mention hearing; and

(b) be in Form 31.

(3) The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.

75 Parties may request registrar to cancel a special mention hearing

(1) If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.

(2) When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.

(3) A request must be made before the date of the special mention hearing.

76 Statements prepared in another jurisdiction

For the purposes of section 112(1)(c) of the Criminal Procedure Act 2009, a statement made in another jurisdiction of Australia is in the prescribed form and is attested to in the prescribed manner if it has been made and attested to in accordance with the law for making and attesting statements in committal proceedings in that other jurisdiction.

Order 5—Appeals

Part 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009

77 Definition

In this Part—

Rule 77 def. of appropriate court amended by S.R. No. 101/2022 rule 8.

appropriate court, in respect of an appeal under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009, means—

(a) the County Court; or

(b) the Court of Appeal, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.

78 Procedure on appeal from Magistrates' Court to appropriate court

(1) The registrar must record in the register the filing of a notice of appeal under section 255, 258 or 261 of the Criminal Procedure Act 2009.

(2) When a notice of appeal is filed the registrar must contact the appropriate court to obtain a date of hearing for the appeal.

(3) The registrar must recall and cancel any process in relation to the sentence to which the appeal relates, subject to section 29 of the Road Safety Act 1986.

(4) If bail pending appeal is granted under section 265 of the Criminal Procedure Act 2009 the registrar must recall and cancel any process in relation to a custodial sentence to which the appeal relates.

(5) The registrar must forward the following to the appropriate court when a notice of appeal is filed—

(a) a copy of the notice of appeal filed;

(b) the charge-sheet;

(c) the undertaking of bail by the appellant and surety, if any;

(d) the affidavit of justification or declaration of justification made by the surety for bail, if any;

(e) the certified extract of the Court order;

(f) the exhibit sheet and witness cost sheet;

(g) the address and telephone number of the Court where the sentence or conviction was made.

(6) A copy of the charge-sheet, undertaking of bail, affidavit of justification or declaration of justification made by the surety for bail, exhibit sheet, witness cost sheet and the digital recording of the proceeding that imposed the sentence must be retained by the registrar in a Court file.

(7) The registrar must forward a copy of the notice of appeal, certified extracts of the Court order, and the notification of appeal to the DPP when an appeal is commenced under section 255 of the Criminal Procedure Act 2009.

Refer to the County Court Rules or the Supreme Court Rules for prescribed forms relating to appeals and how an appeal may be abandoned.

79 Recall and cancel process when an application for a stay is granted

(1) If the Court grants an application for a stay under section 29(2) of the Road Safety Act 1986 the registrar must notify the Roads Corporation and the appropriate court.

(2) The registrar must recall and cancel any process in relation to the sentence to which the stay was ordered.

80 Application for leave following late filing of appeal to the appropriate court

(1) When a notice of appeal is filed more than 28 days after the day on which the sentence of the Court was imposed the registrar must record in the register that an application for leave to appeal has been made under section 263 of the Criminal Procedure Act 2009.

(2) When an application for leave to appeal is recorded under paragraph (1) the registrar must recall and cancel any process issued to give effect to a sentence that is the subject of the appeal.

A stay of sentence applies to an application for leave to appeal as if it were an appeal, see sections 3 and 264 of the Criminal Procedure Act 2009.

81 Application to set aside an order striking out an appeal in the appropriate court

The registrar must record in the register that an application to the appropriate court to set aside an order striking out an appeal under section 267(3) of the Criminal Procedure Act 2009 has been granted when notified by the appropriate court.

Part 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009

82 Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law

The registrar must record in the register when a copy of the notice of appeal filed in the Supreme Court is delivered to the registrar.

83 When the Supreme Court stays a Magistrates' Court order

(1) When informed that the Supreme Court has ordered a stay of an order made by the Magistrates' Court under section 272(11) of the Criminal Procedure Act 2009 the registrar must recall any process issued to give effect to that order.

(2) If the Supreme Court has ordered a stay of the operation of an order under section 29(2) of the Road Safety Act 1986, the registrar must notify the Roads Corporation.

84 When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court

When informed that the Supreme Court has made an order under section 272 of the Criminal Procedure Act 2009 remitting to the Court a case for rehearing, the registrar must re-list the matter before the Court.

Order 6—Authentication of orders and warrants

85 Certified extract of an order

A certified extract of an order of the Court issued under section 18(5) of the Magistrates' Court Act 1989 must be in Form 43.

86 Particulars of warrants to be entered in the register

For the purposes of section 57(2) of the Magistrates' Court Act 1989, the following particulars are prescribed—

(a) the type of warrant issued;

(b) the date of issue of warrant;

(c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine—

(i) the sum in respect of which the warrant is issued; and

(ii) the person to whom the warrant is directed for execution;

(d) the name of the person issuing the warrant.

87 Authentication of warrants

For the purposes of section 57(9) of the Magistrates' Court Act 1989, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—

(a) the person's name; and

(b) the date of issue of the warrant.

88 Authentication of a digital recording

(1) When a request is made under section 65(6) of the Evidence Act 2008 to produce a digital recording of a representation made in the Court a registrar must file a written request for consideration by the Chief Magistrate.

(2) If a request is approved by the Chief Magistrate, the registrar must authenticate the digital recording by endorsing it with the Magistrates' Court case file number and date of the evidence.

Order 7—Transfer of summary proceedings

89 Transfer of related summary proceeding on or after committal to the Supreme Court or County Court

The registrar must forward the following for a transfer of a related summary offence under section 145 of the Criminal Procedure Act 2009 to the Supreme Court or County Court, as the case requires—

(a) the Magistrates' Court case file number;

(b) the original charge-sheet;

(c) the address and telephone number of the Court where the proceeding for the summary offence was commenced;

(d) if the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.

90 Transfer of an offence that a magistrate refused to hear and determine summarily

The registrar must notify the County Court or Supreme Court of any order of a magistrate that a charge is not appropriate to be heard and determined summarily for the purposes of a transfer under section 168 of the Criminal Procedure Act 2009.

91 Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court

(1) When notified of an order to transfer a summary offence that is not a related summary offence to the Supreme Court or County Court under section 243 of the Criminal Procedure Act 2009 the registrar must forward the following to the relevant court—

(a) the Magistrates' Court case file number;

(b) the original charge-sheet;

(c) the address and telephone number of the Court where the proceeding for the summary offence was commenced;

(d) where the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.

(2) The registrar must record in the register when a summary offence that is not a related summary offence has been transferred under section 243 of the Criminal Procedure Act 2009.

Order 8—General

92 Last known place of residence or business for the purpose of service

For the purposes of section 394(1)(a) of the Criminal Procedure Act 2009, the last known place of residence or business of an accused is to be ascertained as follows—

(a) the address given by the accused during the investigation of the offence;

(b) the address of the accused appearing on any valid licence, registration or authority held by the accused and issued under any other Act under which the accused is to be charged;

(c) if the alleged offence arises out of the driving or use of a motor vehicle, the address of the accused appearing on—

(i) the driver licence produced by the accused at the time of or during the investigation of the offence; or

(ii) the certificate of registration of the motor vehicle issued under the Road Safety Act 1986 or under any corresponding Act or law of any other State or a Territory;

(d) if the alleged offence arises out of the use of a vessel within the meaning of the Marine (Drug, Alcohol and Pollution Control) Act 1988, the address of the accused appearing on the certificate of registration of the vessel as prescribed under the Marine Safety Act 2010 or under any corresponding Act or law of any other State or a Territory.

93 Issue of some warrants to seize property

For the purposes of section 73(3AA)(f) of the Magistrates' Court Act 1989 the prescribed particulars are—

(a) the direction of the warrant to the sheriff; and

(b) the sum in respect of which the warrant is issued.

94 Prescribed person or member of a class of persons who may witness statements

For the purposes of item 30 of Schedule 3 to the Criminal Procedure Act 2009, the following person, or member of a class of persons, who may witness statements in a preliminary brief, full brief or hand-up brief is—

(a) an officer at Australian Public Service Level 5 or higher who is an investigator in the Commonwealth Department of the Environment and Energy;

(b) a person employed by the Registry of Births, Deaths and Marriages at the Victorian Public Service Grade 5 or higher with the delegated authority of the Registrar under the Births, Deaths and Marriages Registration Act 1996;

(c) an officer of a Commonwealth Government department or agency at or equivalent to Australian Public Service Level 5 or higher who has an investigatory role or function;

(d) an authorised officer appointed by a Council under section 224 of the Local Government Act 1989.

Refer to Schedule 3 to the Criminal Procedure Act 2009 for other persons who may witness statements in a preliminary brief, full brief or hand-up brief.

Order 9—Audio visual or audio linking

95 Definition

In this Order—

the Act means the Evidence (Miscellaneous Provisions) Act 1958.

96 Application for the physical appearance of an accused under section 42L of the Act

Unless an application is made in accordance with section 42L(5) of the Act—

(a) notice of an application under section 42L of the Act must be in Form 45; and

(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

97 Application for appearance of an accused by audio visual link under section 42M of the Act

Unless an application is made in accordance with section 42M(5) of the Act—

(a) notice of an application under section 42M of the Act must be in Form 46; and

(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and

(c) service may be by pre-paid post.

Order 10—Fines

98 Definitions

In this Order—

declared director has the same meaning as in the Fines Reform Act 2014, and includes a director of a body corporate who was the subject of a declaration under section 91 of the Infringements Act 2006 immediately before the repeal of Part 6 of that Act by section 240 of the Fines Reform Act 2014;

offender means a person on whom the Court has imposed a fine;

person in default means a person who has failed to pay a fine or an instalment order and includes a declared director;

Regional Manager has the same meaning as it has in section 3(1) of the Sentencing Act 1991.

99 Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order

An application under section 57, 60, 61 or 65 of the Sentencing Act 1991 by an offender must be made by—

(a) making an oral application to the proper officer during normal business hours and, in the case of an application under section 65 of that Act, filing a completed Form 48 with the proper officer; or

(b) sending, in the case of an application under section 57, 60 or 61 of that Act, a completed Form 47 if the offender—

(i) is resident outside Victoria; or

(ii) is held in a prison, police gaol or youth justice centre; or

(iii) is unable to attend personally because of illness, infirmity or distance from the Court; or

(c) post to the proper officer, in the case of an application under section 65 of that Act, a completed Form 48.

100 Consideration of application

(1) The proper officer must consider an application under section 57, 60, 61 or 65 of the Sentencing Act 1991 as soon as practicable.

(2) In considering an application the proper officer may—

(a) question the offender about the offender's financial circumstances; and

(b) require the offender to produce any document concerning the offender's financial circumstances that is reasonably accessible to the offender.

(3) The proper officer may—

(a) adjourn an application for a total period not exceeding 28 days from the day on which the application is considered by the proper officer; and

(b) stay execution of the fine during the adjournment.

101 Determination of the application

(1) An order made under section 59 of the Sentencing Act 1991 for time to pay a fine must include the date by which the fine is to be paid.

(2) An instalment order or variation of an instalment order made under section 56 or 63 of the Sentencing Act 1991 must include—

(a) the total amount to be paid; and

(b) the amount of each instalment; and

(c) the date on which each instalment must be paid.

(3) A fine conversion order under section 64 of the Sentencing Act 1991 must be in Form 48A.

(4) The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay.

102 Enforcement of fines against a natural person

(1) A consent under section 69H(2)(a) of the Sentencing Act 1991 to the making of a fine default unpaid community work order must
be in Form 49.

(2) The statement in writing required by section 69C(3) of the Sentencing Act 1991 must be in Form 50.

(3) A fine default unpaid community work order under section 69D(2), 69H(2)(a) or 69M(4) of the Sentencing Act 1991 must be in Form 52.

103 Enforcement of fines against body corporate

A statement in writing required by section 69Y(3) of the Sentencing Act 1991 to be delivered by the person making a demand for payment to a body corporate in default—

(a) must be in Form 51; and

(b) may be served by leaving it at the registered office of the body corporate.

104 Summons for warrant to seize property returned unsatisfied

(1) The form of a summons issued under section 69M(1) of the Sentencing Act 1991 is Form 53.

(2) A summons under section 69M(1) of the Sentencing Act 1991 may be issued by a registrar of the Court under the direction of a magistrate.

(3) If the last known address of the person in default is within Victoria, a summons issued under paragraph (2) may be served by post directed to that address.

(4) A person in default may be released from custody without being taken before the Court, if the person—

(a) has been taken into custody in accordance with a warrant to arrest issued under section 69M of the Sentencing Act 1991; and

(b) the outstanding amount of the fine specified in the warrant is paid.

105 Declaration of liability of a director for offence of body corporate

The informant or police prosecutor must give notice of an application for a declaration under section 55(1) of the Sentencing Act 1991 to any person who was a director of the body corporate at the time of the commission of the offence by—

(a) not less than 14 days before the date of hearing of the application, posting a true copy of the application addressed to the director at the director's last known place of residence or business; or

(b) not less than 5 days before the date of hearing of the application—

(i) delivering to the director personally a true copy of the application; or

(ii) leaving a true copy of the application for the director at the director's last known place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years old.

Order 11—Procedure under the Open Courts Act 2013

106 Definitions

(1) In this Order—

the Act means the Open Courts Act 2013.

(2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

107 Notice of application for suppression order

(1) A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 54.

(2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.