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Magistrates' Court General Civil Procedure Rules 2020
3See Practice Note paragraph 18.
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3 See Practice Note paragraph 18.
Form 41AA—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958
Rule 41A.02
Notice of Application Under Section 42E(1) of the Evidence (Miscellaneous ProvisIons) Act 1958
**PART 1—PARTICULARS OF APPLICATION**
I, [*name of applicant*]
of [*address of applicant or firm of Australian lawyer for applicant*]
hereby request an *audiovisual/*audio link in accordance with the following details—
1. *Audiovisual/*Audio link—
From [*originating city/town*]
To [*receiving city/town*]
2. Type of hearing—[*e.g.* Practice Court Hearing]
3. Number of persons to appear before, or give evidence by *audiovisual/*audio link—
4. Suggested time (if any) for link—
5. Estimate of duration of link—
6. Grounds on which this application is made—
7. Is this application being made with the consent of the parties to the proceeding?—
8. If the answer to question 7 is No, what parties have not given consent?—
9. If a hearing date has been fixed, what is the date of the hearing?—
I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.
*strike out as appropriate.
The Court may determine the application for an order without a hearing unless the applicant or a party objects.
**PART 2—PARTICULARS OF HEARING**
**(to be completed by the registrar)**
The application may be made before a Magistrate by audio link or audiovisual link.
The application will be heard before a Magistrate at the Magistrates' Court of Victoria at on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows.
FILED [*insert date*].
Form 42A—Subpoena to attend to give evidence
Rule 42.03(1)(a)
Subpoena to attend to give evidence
**YOU ARE ORDERED to attend to give evidence: see below for details.**
**You should read all of the Notes set out at the end of this subpoena.**
The last day for service of this subpoena is: [*date*]. (See Note 1)
You are required by this subpoena to attend to give evidence and you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
1. Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
**Conduct money**
4. You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending, as required by the subpoena and returning after so attending, is provided or tendered to you a reasonable time before the day on which your attendance is required.
5. You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under the subpoena.
6. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
7. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
8. Note 7 is without prejudice to any power of the Court under section 134 of the **Magistrates' Court Act 1989**.
Form 42B—Subpoena to produce
Rule 42.03(1)(b)
Subpoena to produce
**YOU ARE ORDERED to attend to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents: see below for details.**
**You should read all of the Notes set out in this subpoena**. **Also, you must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.**
The last day for service of this subpoena is: [*date*]. (See Note 1)
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 4 to 10)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
1. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
4. Instead of attending to produce this subpoena (or a copy of it) and the documents or things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the documents or things to the registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
5. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the registrar in writing of your objection and of the grounds of your objection.
6. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the registrar may permit the parties to the proceeding to inspect the document or thing.
7. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
8. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. If you are producing copies, you are encouraged to produce them in electronic form.
9. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 10(b) below.
10. A copy of a document may be—
.tif—tagged image format; or
(c) any other format agreed with the issuing party.
11. You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
12. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
13. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
14. Note 13 is without prejudice to any power of the Court under section 134 of the **Magistrates' Court Act 1989**.
**You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy with the documents required by the subpoena.**
If you declare that the material you produce is copies of documents, the registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in compliance with this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in compliance with this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 42C—Subpoena both to attend to give evidence and to produce
Rule 42.03(1)(c)
Subpoena Both to Attend to give evidence and to produce
**YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents: see below for details.**
**You should read all of the Notes set out in this subpoena. Also, you must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.**
The last day for service of this subpoena is: [*insert date*]. (See Note 1)
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 11).
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
1. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
**Conduct money**
4. You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending, as required by the subpoena and returning after so attending, is provided or tendered to you a reasonable time before the day on which your attendance is required.
5. In so far as this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena to that extent by delivering or sending the subpoena (or a copy of it) and the document or thing to the registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the registrar may permit the parties to the proceeding to inspect the document or thing.
8. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
9. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. If you are producing copies, you are encouraged to produce them in electronic form.
10. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 11(b) below.
11. A copy of a document may be—
.tif—tagged image format; or
(c) any other format agreed with the issuing party.
12. You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under the subpoena or any document or thing the subject of the subpoena.
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
14. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under section 134 of the **Magistrates' Court Act 1989**.
**You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy with the documents required by the subpoena.**
If you declare that the material you produce is copies of documents, the registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in compliance with this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in compliance with this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 42AA—Subpoena for production to registrar
Rule 42A.03
Subpoena for production to registrar
**YOU ARE ORDERED to produce to the registrar this subpoena or a copy of it and the documents or things specified in the Schedule of documents: see below for details.**
**You should read all of the Notes set out in this subpoena. Also, you must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.**
The last day for service of this subpoena is: [*insert date*]. (See Note 1)
You must comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the registrar at the address below so that they are received on or before the date for production specified below:
Date for production:
The address of the registrar to which the subpoena (or copy) and documents or things must be delivered or sent is:
1. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
**Question concerning subpoena**
4. Any question concerning this subpoena should be directed not to the Court but to the Australian lawyer for the party at whose request the subpoena was issued.
**Availability of documents for inspection and at trial**
5. All documents produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following, may be inspected in the meantime by each party to the proceeding and each party's Australian lawyer, and copies taken.
**Objection by addressee to production or inspection**
6. If you are the person required by this subpoena to produce documents, and you object to producing the documents or to their being inspected by any one or more of the parties to the proceeding, you must notify the registrar in writing of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
**Objection by party served with subpoena to inspection**
7. If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents being inspected by another party to the proceeding, you must notify the registrar of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by the Court.
**Objection by plaintiff to production of hospital or medical file or record**
8. If you are the plaintiff in this proceeding and this subpoena seeks from another person, the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect the file or record produced to the registrar and, after such inspection, notify any objection you may have to inspection of that file or record by any other party, provided that you make your inspection and notify your objection and the grounds of that objection, if any, in writing within 7 days after the day specified in the subpoena for production.
**Obligation of issuing party after objection**
9. If you are the party at whose request the subpoena was issued and any objection is taken, either to the production of the documents or to their being inspected, you will be informed by the registrar of the objection and of the time and place when the objection will be heard. You are required promptly to inform the addressee in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.
**Removal of document**
10. Documents produced in compliance with this subpoena may not be removed from the custody of the registrar, even for the purpose of their being photocopied, except upon application in writing signed by an Australian lawyer for a party. Rule 42A.11(2) of the Magistrates' Court General Civil Procedure Rules 2020 is then relevant:
"(2) An Australian lawyer who signs an application under paragraph (1) and removes a document from the office of the registrar, undertakes to the Court by force of this Rule that—
(a) the document will be kept in the personal custody of the Australian lawyer or a barrister briefed by the Australian lawyer in the proceeding; and
(b) the document will be returned to the office of the registrar in the same condition, order and packaging in which it was removed, as and when directed by the registrar.".
**A breach of this undertaking may be dealt with as a contempt of court.**
11. If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
12. Unless the subpoena specifically requires you to produce an original, you may produce a copy of any document that the subpoena requires you to produce. Even if the subpoena required the production of the original, you may, if you have the consent of the issuing party, produce a copy, instead of the original, of the document. If you are producing copies of documents, you are encouraged to produce them in electronic form.
13. Electronic copies of documents can be provided on a memory card or stick in any of the formats referred to in paragraph 14(b) below.
14. A copy of a document may be—
(a) a photocopy;
.tif—tagged image format
any other format agreed with the issuing party; or
(c) in any other appropriate form.
15. You have the right to apply to the Court—
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
16. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
17. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
18. Note 17 is without prejudice to any power of the Court under section 134 of the **Magistrates' Court Act 1989**.
**You must complete the declaration below. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce the subpoena or the copy with the documents required by the subpoena.**
If you declare that the material you produce is copies of documents, the registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in compliance with this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in compliance with this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
Form 43A substituted by S.R. No. 54/2022 rule 10.
Form 43A—Certificate identifying exhibit or exhibits
Rule 43.06(4)
Certificate Identifying Exhibit or exhibits
[*heading as in affidavit*]
*This is the exhibit marked [*e.g. "ABC1"*]/*These are the exhibits marked [*list exhibits in bundle of documents or bundle of confidential documents as applicable e.g. "ABC1", DEF2", etc.*] now produced and shown to [*identify* *deponent*] at the time of swearing or affirming the person's affidavit on [*date*].
[*Signature of deponent*]
[*Signature of person taking affidavit*]
[*state distinguishing mark of exhibit or exhibits
and briefly and specifically describe each exhibit,
bundle of documents or bundle of confidential
documents, as applicable* [*use a schedule if
insufficient space*]*: e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09*]†
†*print distinguishing mark and description in bold type and in a font size not less than 20 points in lower right hand corner of the page.*
*Delete if not applicable
Form 44A—Expert witness code of conduct
Rule 44.01
Expert Witness Code of Conduct
**Application of Code**
1. This Code of Conduct applies to any expert witness engaged or appointed—
(a) to provide an expert's report for use as evidence in proceedings or proposed proceedings; or
(b) to give opinion evidence in proceedings or proposed proceedings.
**General Duties to the Court**
2. An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the Court impartially on matters relevant to the area of expertise of the witness.
**Content of Report**
3. Every report prepared by an expert witness for use in Court must clearly state the opinion or opinions of the expert and must state, specify or provide the following—
(a) the name and address of the expert;
(b) an acknowledgment that the expert has read this code and agrees to be bound by it;
(c) the qualifications of the expert to prepare the report;
(d) the assumptions and material facts on which each opinion expressed in the report is based (a letter of instructions may be annexed);
(e) the reasons for and any literature or other materials utilised in support of each such opinion;
(f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise;
(g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;
(h) to the extent to which any opinion which the expert has expressed involves the acceptance of another person's opinion, the identification of that other person and opinion expressed by that other person;
(i) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate (save for any matters identified explicitly in the report) and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;
(j) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate;
(k) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason; and
(l) where the report is lengthy or complex, a brief summary of the report at the beginning of the report.
**Supplementary Report Following Change of Opinion**
4. Where an expert witness has provided to a party (or that party's legal representative) a report for use in Court, and the expert thereafter changes his or her opinion on a material matter, the expert must without delay provide to the party (or that party's legal representative) a supplementary report which must state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i), (j), (k) and (l) of clause 3 of this code and, if applicable, paragraph (f) of that clause.
5. In any subsequent report (whether prepared in accordance with clause 4 or not) the expert may refer to material contained in the earlier report without repeating it.
**Duty to Comply with the Court's Directions**
6. If directed to do so by the Court, an expert witness must—
(a) confer with any other expert witness;
(b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing; and
(c) abide in a timely way by any direction of the Court.
**Conference of Experts**
7. Each expert witness must—
(a) exercise the expert witness's independent judgment in relation to every conference in which the expert participates pursuant to a direction of the Court and in relation to each report thereafter provided, and must not act on any instruction or request to withhold or avoid agreement; and
(b) endeavour to reach agreement with the other expert witness (or witnesses) on any issue in dispute between them, or failing agreement, endeavour to identify and clarify the basis of disagreement on the issues which are in dispute.
Form 44AA—Court interpreters' code of conduct
Rule 44A.05
**Court Interpreters' code of conduct**
**Application of code**
1. This code of conduct applies to any person (the ***interpreter***) who, whether or not for fee or any other reward, is engaged, appointed, volunteers or otherwise becomes involved in a proceeding or proposed proceeding to act as an interpreter by interpreting or sight translating from any spoken or signed language (the ***other language***) into English and from English into the other language for any person.
**General duty to the Court**
2. An interpreter has an overriding duty to assist the Court impartially.
3. An interpreter's paramount duty is to the Court and not to any party to or witness in the proceeding, including the person retaining or paying the interpreter.
4. An interpreter is not an advocate, agent or assistant for a party or witness.
**Duty to comply with directions**
5. An interpreter must comply with any direction of the Court.
**Duty of accuracy**
6. An interpreter must at all times use the interpreter's best judgment to be accurate in the interpreter's interpretation or sight translation.
7. In this code, ***accurately***, in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.
8. If an interpreter considers that the interpreter's interpretation or sight translation is or could be in any way inaccurate or incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then the interpreter must—
(a) immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to that party; and
(b) if the evidence is being given or was given in court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.
**Duty of impartiality**
9. An interpreter must at all times act impartially so as to be without bias in favour of or against any person including but not limited to the witness whose evidence the interpreter is interpreting, the party who has engaged or is remunerating the interpreter or any other party to or person involved in the proceeding or proposed proceeding.
10. Unless the Court otherwise orders, an interpreter must not accept an engagement or appointment to act as an interpreter in relation to a proceeding or proposed proceeding if the interpreter—
(a) is or may become a party or a witness; or
(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness; or
(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the interpreter's engagement or employment); or
(d) is or may be unable to fulfil the interpreter's duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs or cultural or other circumstances.
11. Other than carrying out an engagement or appointment as an interpreter, the interpreter must not provide any other assistance, service or advice (including by way of elaboration) to—
(a) the party, legal practitioner or other person who has engaged them; or
(b) any witness or potential witness, in relation to the proceeding or proposed proceeding.
**Duty of competence**
12. An interpreter must only undertake work the interpreter is competent to perform in the languages for which the interpreter is qualified by reason of the interpreter's training, qualifications or experience.
13. If it becomes apparent in the course of a matter that expertise beyond the interpreter's competence is required, the interpreter must inform the Court immediately and work to resolve the situation, either by withdrawing from the matter or following another strategy acceptable to the Court.
**Confidentiality**
14. Subject to compulsion of law, an interpreter must keep confidential any information that the interpreter acquires in the course of the engagement or appointment as an interpreter (including any communication subject to client legal privilege) unless—
(a) that information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or
(b) the beneficiary of the client legal privilege has waived that privilege.
Form 46A—Summons
Rule 46.04(1)
Summons
To: [*identify each party or other person to whom summons is addressed and state address of each person not a party*].
You are summoned to attend before the Court on the hearing of an application by the [*identify party*] for [*describe the order sought*].
The application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows.
FILED [*insert date*].
This summons was filed by [*insert name of Australian lawyer*] of [*insert name and address of firm of Australian lawyer*], Australian lawyer for the [*identify party*].
Form 46B—Application for re-hearing
Rule 46.08
Application for Re-hearing
and to [*names and addresses of other parties to proceeding*].
I did not appear at the hearing of the above complaint. The Court on [*date*] in my absence made an order against me for [*set out terms of order*] and for
$[*insert amount*] costs.
TAKE NOTICE that I intend to apply to the Court for an order that that order be set aside and the complaint be re-heard as soon as possible.
*I did not appear at the hearing for the following reason(s) [*set out reasons*].
*I did not file a notice of defence for the following reason(s) [*set out reasons*].
My address for service is:
Filed: [*insert date*].
This application will be heard by the Court on [*date*] at [*time*].
Form 50A—Mediation report
Rules 50.01, 50.11
Mediation Report
**DATE OF MEDIATION:**
**OUTCOME OF MEDIATION:**
***NOT HELD**
*Withdrawn prior to mediation; or
*No appearance of—
*Plaintiff
*Defendant
*Other [*set out details*]
or
***HELD**
*1. Resolved—no orders required
*2. Resolved—orders will be sought
*3. Not resolved
**APPEARANCES:**
*Mr/Ms *of Counsel/*Australian lawyer for plaintiff.
*Instructed by *Mr/Ms Instructing Australian lawyer for plaintiff.
*Mr/Ms *of Counsel/*Australian lawyer for defendant.
*Instructed by *Mr/Ms Instructing Australian lawyer for defendant.
*Mr/Ms *of Counsel/*Australian lawyer for other party.
*Instructed by *Mr/Ms Instructing Australian lawyer for other party.
**INFORMATION PROVIDED BY PARTIES**
**NUMBER OF WITNESSES:**
Plaintiff:
Defendant:
*Other:
**ESTIMATE OF DURATION OF FINAL HEARING:**
MEDIATOR
**Note:** The mediator must complete this report and give a copy to the Court and to each of the parties within 7 days of the date of conclusion of a mediation.
Form 61A—Application
Rule 61.02(1)(a)
Application
An order was made at the Court on / /
This application is for—
*an instalment order;
*an instalment order in substitution of a previous instalment order;
*the variation of an instalment order (section 8);
*the cancellation of an instalment order (section 8).
1. Details of applicant (*debtor/*creditor)
Name:
Address:
Postcode
Telephone: Home Business
2. Details of respondent (*debtor/*creditor)
Name:
3. State:
- (a) amount ordered Claim
Interest
Costs $
$
$
- Total (judgment debt) $
- LESS
(b) amount paid since
order of / /
[*State amounts and
dates paid*] – $
- EQUALS
(c) balance of judgment
debt owing = $
- PLUS
(d) interest on the
judgment debt until
the date of this
application + $
- PLUS
(e) any other amounts
recoverable or
payable in respect of
the order of / /
(including any costs
of warrant); Please specify— (i)
(ii) $
$_________Subtotal $ + $
- EQUALS
(f) **Total amount
owing** = $
- (g) Amount to be paid
per instalment: $
- (h) Periodical time for
payment: *weekly;
*fortnightly;
*monthly.
- (i) Proposed date of
first instalment / /
- (j) Person/corporation/
firm to whom
instalments are to be
made— Name:
Address:
- 4. If this is an application
for variation of an
instalment order, state— (a) the date of the
current instalment
order / /
- (b) the amount of each
instalment ordered $ *weekly;
*fortnightly;
*monthly.
- 5. Reasons for the
application—
- 6. State any other relevant
details—
- Dated: [*insert date*]
[*Signature of *applicant/*applicant's Australian lawyer*]
**PLEASE NOTE:**
1. IF THE APPLICANT IS THE JUDGMENT DEBTOR, A STATEMENT OF AFFAIRS TO THE EFFECT OF FORM 61B (OR FORM 61C IF A CORPORATION) MUST BE FILED WITH THIS APPLICATION.
2. A COPY OF THIS APPLICATION AND, IF THE APPLICATION IS BY THE JUDGMENT DEBTOR A STATEMENT OF AFFAIRS, MUST BE SERVED ON THE RESPONDENT PARTY.
3. IF YOU DO NOT UNDERSTAND THIS DOCUMENT, YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY. YOU MAY ALSO NEED TO OBTAIN FINANCIAL COUNSELLING.
*Delete if inapplicable
Form 61B—Statement of affairs by an individual
Rules 61.02(1)(b), 61.04(b)
Statement of Affairs by an Individual
To the registrar,
1. **Amount and Source of Weekly Income**
(a) **Employed persons**
| Occupation: | | |
| Name and address of employer: | | |
| Gross wage: | $ | |
| Current overtime (if any): | $ | |
| Car and other allowances and commissions: | $ | |
(b) **Self-employed persons**
| Average earnings from self-employment or partnership for last 12 months: | $ | |
(c) **Unemployed persons or persons not working**
If unemployed, state length of last employment, date when last
employment ceased, and gross weekly amount earned:
| Pension or Benefit received: | $ | |
| WorkCover received: | $ | |
(d) **Other monies**
| Maintenance received: | $ | |
| Superannuation received: | $ | |
| Board or rent received: | $ | |
| Average weekly income from investments in banks, building societies, shares, etc.: | $ | |
| Other (e.g. family allowance—*give details*) | $ | |
| TOTAL GROSS WEEKLY INCOME: | $ | |
2. **Weekly expenses**
| Income tax: | $ | |
| Superannuation: | $ | |
| Health Insurance: | $ | |
| Union fees: | $ | |
| Housing (mortgage, board, rent): | $ | |
| Municipal rates: | $ | |
| Water and sewerage rates: | $ | |
| Land tax: | $ | |
| Child care costs (kindergarten, day care, etc.): | $ | |
| Maintenance actually paid: | $ | |
| Instalment payments: (*state purpose*) ...........................$<br> ...........................$ | <br>$ | |
| Electricity: | $ | |
| Gas: | $ | |
| Telephone: | $ | |
| Food: | $ | |
| Other general household expenses: | $ | |
| Car expenses (registration, insurance, maintenance, fuel): | $ | |
| Fares: | $ | |
| Insurance Policies: | $ | |
| School fees and other schooling costs: | $ | |
| Clothing and shoes: | $ | |
| Medical and chemist expenses: | $ | |
| Entertainment: | $ | |
| Payments on court orders and fines: | $ | |
| Other expenses [*give details*]:<br> ...............................$<br> ...............................$ | | |
| TOTAL WEEKLY EXPENSES: | | $ |
3. **Are there any persons who contribute to paying your expenses? If so, who are they and how much do they contribute?**
4. **Property and Assets**
| Market value of house (place of residence) owned: | $ | | |
| Amount owing on mortgage: | $ | | |
| Net value of interest on house: | | $ | |
| Market value of any other house or land owned: | $ | | |
| Amount owing on mortgage: | $ | | |
| Net value or interest in other house or land owned: | | $ | |
| Market value of motor vehicle(s):<br> (a) Year: Make/Model:<br> (b) Year: Make/Model: | $<br>$ | | |
| Amounts owing, under finance, on motor vehicles: (a) | $ | | |
| (b) | $ | | |
| Net value of interest(s) on motor vehicles: | | $ | |
| Cash in banks, building societies, etc.: | | $ | |
| Cash presently in your possession: | | $ | |
| Value of other investments including shares, debentures, bonds: | | $ | |
| Money owed to you: [*state reason*]<br> ...................................................$<br> ...................................................$ | | $ | |
| Value of interest in partnership or business (including stock, goodwill equipment, debtors): | | $ | |
| State approximate re-sale value of furniture and personal goods: | $ | | |
| Amount owing on these furniture and personal goods: | $ | | |
| Net value of interest: | | $ | |
| Other assets [*give details*]: | | $ | |
| TOTAL NET VALUE: | | | $ |
| Life insurance policies [*specify insurer, policy number, surrender value(s)*]:<br>...................................................................... | | $ | |
| TOTAL PROPERTY AND ASSETS: | | | $ |
**Are any assets jointly owned? Give details:**
5. **Debts and liabilities** [*give details*]
(Hire purchase, leases, credit cards, credit contracts, personal
loans, store accounts, guarantees being paid off, etc*.*):
- TOTAL OTHER DEBTS: $
6. **Have any of the above debts been jointly incurred with any other
person? Give details**:
7. **Give details of any other circumstances which affect your financial
position** (e.g. number and age of dependants, marital status, health,
etc*.*):
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
Form 61C—Statement of affairs by an officer of a corporation
Rules 61.02(1)(b), 61.04(b)
Statement of Affairs by an Officer of a Corporation
- IN THE MAGISTRATES' COURT OF VICTORIA AT Court number
- 1. State the address of the registered office of the judgment debtor corporation?
- 2. Is the corporation still trading? If no, when did it last trade?
- 3. What is the corporation's average weekly turnover?
- 4. Is the corporation owed any money? If yes, give details including— (a) who owes the money? (b) the address, telephone number and
reference of the person or corporation; (c) how much is owed? (d) what are the circumstances that give rise
to the indebtedness? (e) when is the debt due and payable to the
corporation? [*give details*]
- 5. Give details of the corporation's accounts at any bank/building society/credit union/etc.?
For each account give details, including— (a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account.
- 6. Do you produce a balance sheet of the corporation? If yes— (a) is it the most up to date balance sheet
available? (b) does the balance sheet reflect the
corporation's present position?
[*detail differences*].
- 7. What other assets does the corporation have?
Give details of all— (1) real estate, listing— (a) locations (*addresses*); (b) values; (c) mortgages.
- (2) plant and equipment (not included
elsewhere), listing— (a) a description; (b) locations (*addresses*); (c) values; (d) are there any claims against these
items, e.g. finance, etc.
- (3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value.
- (4) stock (not included elsewhere), listing— (a) a description; (b) locations [*address*]; (c) values; (d) are there any claims against these
items, e.g. finance, etc.?
- (5) other deposits, investments, shares and
debentures, giving for each details of
value and in what business/corporation/
firm.
- (6) forward orders and/or pending contracts.
- (7) trademarks, labels, intellectual property.
- 8. Is there a registered debenture over the assets
of the corporation? If yes, identify the
debenture holder, state when the debenture was
given and state the amount secured by the
debenture.
- 9. Are there any other unpaid court orders/fines against the corporation? If so, give details of
each court order/fine including— (a) (for court orders) name/address/phone
number of party to whom the money is
owed; (b) date of court order/fine; (c) amount outstanding; (d) reference number (if any).
- 10. What other monies does the corporation owe, not previously mentioned?
- 11. Do you produce a profit and loss statement for
the corporation? If yes— (a) is it the most up to date profit and loss
statement available? (b) does the profit and loss statement reflect
the corporation's present position [*detail
differences*]?
- 12. Give details of any other circumstances which affect the financial
position of the corporation. ............................................................................................................. .............................................................................................................
Date:[*insert date*]
Full name:
Position held in judgment debtor corporation:
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
Form 61D—Notice of objection
Rule 61.03(2)
Notice of Objection
AT
and
To the registrar,
An application under section 6 of the **Judgment Debt Recovery Act 1984**
was *granted/*refused by the proper officer on [*insert* *date*].
Notification of such *order/*refusal was received by me on [*insert date*].
TAKE NOTICE that I object to the *order made/*refusal to make the order on the grounds that [*set out grounds*].
[*Signed by judgment creditor or judgment debtor*]
Form 61E—Instalment agreement
Rule 61.04(a)
Instalment Agreement
AT
and
On [*date*] the Court ordered that [*judgment debtor*] pay [*judgment creditor*] the sum of $[*insert amount*] and $ [*insert amount*] for interest and $
[*insert* amount] for costs.
I, [*judgment debtor*] of [*address*] agree and undertake to pay to [*judgment creditor*] of [*address*] the sum of $ [*total sum*] in the following manner:
Number of instalments:
Amount of each instalment: $
Time of payment of each instalment: On or by the day of each
*week/*fortnight/*month.
First instalment is payable on or by the day of 20 .
Last instalment is payable on or by the day of 20 .
Person to whom payment is to be made:
Address at which payment is to be made:
I am aware that should I fail to keep to this agreement, I may be called before the Court.
I attach a Statement of Affairs which I believe to be true and correct in every particular.
Signature of judgment debtor:
Witness:
I agree that the judgment debt owing to me must be paid in the manner set out above.
Signature of judgment creditor:
Witness:
**IMPORTANT NOTE TO DEBTOR**
IF YOU DO NOT UNDERSTAND THIS DOCUMENT YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY.
BEFORE SIGNING THIS DOCUMENT YOU SHOULD OBTAIN FINANCIAL COUNSELLING.
Form 61F—Summons for examination
Rule 61.06(1)
Summons for Examination
AT
and
An order was made by the Court on [*date*] that you pay to [*judgment creditor*] the sum of $[*insert amount*] and $ [*insert amount*] for interest and $ [*insert amount*] for costs, and *an application dated [*insert date*] has been made to this Court for the *making/*confirming/*varying/*cancelling/*substituting of an instalment order by [*full name of applicant*] and this Court is not satisfied that in the circumstances an instalment order should be *made/*confirmed/*varied/*cancelled/*substituted:
*or*
* An instalment order was made by [*name of Court*] dated [*insert date*] for the payment of the judgment debt; and
[*Full name of judgment creditor*] alleges that you have defaulted in the payment of instalment(s) ordered.
YOU MUST ATTEND the Court at [*venue*] on [*date*] at [*time*]
* to be examined concerning your financial circumstances and your means and ability to satisfy the order against you:
*or*
* to be examined according to your financial circumstances and, in the case of an alleged default, as to the circumstances of your alleged default.
You are required to produce to the Court on the examination the following documents [*description of documents*].
IF YOU DO NOT ATTEND AS ORDERED BY THIS SUMMONS, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
Form 61G—Application for issue of summons
Rule 61.06(2)
Application for Issue of Summons
AT
and
I, [*name of judgment creditor*] of [*address*], the judgment creditor make *oath/*affirm and say that:
1. By an order dated: [*insert date*] it was ordered that [*judgment debtor*] pay me the sum of $[*insert amount*] and $[*insert amount*] for interest and $[*insert amount*] for costs.
2. An instalment order for the payment of the sum was made on [*insert* *date*].
3. The judgment debtor has defaulted in the payment of instalment(s) under the order in the following way [*set out details of default*].
4. I seek the issue of a summons for the oral examination of the judgment debtor.
*Sworn/*Affirmed, etc.
Form 61H—Warrant of apprehension
Rule 61.07
Warrant of Apprehension
AT
and
TO: [*named member or all members of the Police Force*]
[*name of judgment debtor*] of [*address*] has failed to appear at the time and place appointed in the summons dated [*insert date*] to be examined
regarding judgment debtor's financial circumstances.
You are authorised to enter and search any place where you may suspect [*judgment debtor*] to be and you may use all necessary force for that purpose. When you have apprehended [*judgment debtor*] you are to bring [*judgment debtor*] before a magistrate or the Court at [*time*] at [*place*] to be dealt with according to law.
NOTE: If apprehended before the date and time of the hearing specified in this Warrant, the judgment debtor may be released on the judgment debtor's own undertaking to appear for oral examination at the time and place specified in this warrant.
IF UNABLE TO EXECUTE BY THAT DATE PLEASE RETURN UNEXECUTED.
Form 61I—Notice
Rule 61.08(a)
(Section 6(4); 6(7); 7(4); 18(2))
AT
and
TO: [*name and address of judgment creditor or judgment debtor*].
TAKE NOTICE THAT upon application by [*name of applicant*] for [*type of application*] and *a notice of objection filed by [*name*] having been heard, the proper officer of the Court has
* ordered that [*details of order*]
*or*
* refused to make the order sought in the application.
Form 61J—Notice
Rule 61.08(b)
(Section 14(6); 17(5))
AT
and
TO: [*name of judgment creditor*].
of [*address*].
A *warrant of apprehension/*summons for oral examination was issued on [*date*] requiring the attendance of the judgment debtor at the Court on [*date*] for the *purposes of examination/*as to financial circumstances [*and*]/*as to the circumstances of the alleged default in payment of instalments.
Form 61K—Notice
Rule 61.08(c)
(Section 6(6), 8)
AT
and
TO: [*name of judgment creditor or judgment debtor*] of [*address*].
An application for [*type of application*] was made by [*identify party*] on [*date*] and on [*date*] the proper officer of the Court *made an order in the terms of the application/*refused to make an order.
* And the [*identify party*] filed on [*date*] *a notice of objection/*application for variation of instalment order/*application for cancellation of instalment order.
TAKE NOTICE that the matter will be heard on [*date*] at [*time*] by the Court at [*venue*].
Form 61L—Warrant of commitment
Rule 61.09
Warrant of Commitment
AT
TO: All members of the Police Force and to the keeper of Her Majesty's Prison at
You are commanded to take [*judgment debtor*] and to convey [*judgment debtor*] to the prison at [*place*] and deliver [*judgment debtor*] to the keeper of that prison and you, the keeper are required to receive [*judgment debtor*] into your custody and keep [*judgment debtor*] there safely for [*number* *of*] days unless you receive a certificate signed by the registrar of the Court at [*venue*] that the judgment debt has been paid or satisfied or until the judgment debtor is discharged by due course of law.
Form 61M—Certificate of discharge
Rule 61.11
Certificate of Discharge
AT
and
TO: The keeper of Her Majesty's Prison at
This is to certify that [*judgment debtor*] presently held by you under a warrant dated [*insert date*] has paid the debt owing [*or* has made satisfaction for the debt owing] for which the warrant was issued and is now entitled to be discharged out of your custody.
Form 67A—Summons to attend for oral examination
Rule 67.01(2)
Summons to Attend for Oral Examination
To [*judgment debtor, or if a corporation, an officer of the judgment debtor*]
On [*date*] the Court ordered you [*or the corporation*] to pay money.
You must attend before the Court to be orally examined on the application of [*judgment creditor*] as to your [*or the corporation's*] income, property, assets, debts and other liabilities and your [*or the corporation's*] means and ability to pay the amount ordered to be paid.
The examination will be heard by the Magistrates' Court at [*venue*] on [*date*] at a.m./p.m.
You are required to produce to the Court on the examination all books of account, papers, documents, passbooks and current statements for all bank/building society/credit union accounts, and all relevant files dealing with your [*or the corporation's*] income, purchases and expenditure.
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
The amount due and unpaid on the court order is—
| Amount awarded on the claim | | $ | |
| Costs ordered | | $ | |
| Interest awarded | | $ | |
| | Subtotal | $ | |
| Less amount paid since order | | $ | |
| Total | | $ | |
Additional amounts that have been accrued against you since the court order are—
| Interest from order to this date— | | | |
| Costs of this summons | | $ | |
| Filing fee | | $ | |
| Service fee | | $ | |
| Total | | $ | |
Form 67B—Examination of a judgment debtor
Rule 67.01(3)(8)
Examination of a Judgment Debtor
[*name of person being examined*], the judgment debtor, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
| *Column 1*<br>*Questions* | *Column 2*<br>*Answers* |
| 1. What is your full name? | |
| 2. What is your date of birth? | |
| 3. What is your home address and phone number?<br>Do you own, rent or board at this address?<br>Give name, address and phone number of the estate agent or landlord. | |
| 4. Do you propose to change your address in the near future? If so, state the new address. | |
| 5. Are you single, married or living in a de facto relationship? | |
| 6. How many dependants do you have in your care?<br>What is their relationship to you and what are their ages? | |
| 7. Do you own or are you buying any land or building?<br>If yes, give details, including—<br>(a) address(es);<br>(b) value;<br>(c) mortgage (naming financier and balance due);<br>(d) 2nd mortgage (naming financier and balance due);<br>(e) caveat(s);<br>(f) when did you buy the property?<br>(g) what was the price paid? | |
| (h) are you buying the land or building with any other person?<br>(i) if yes, give the name and address of that other person;<br>(j) are you intending to sell the land or building? | |
| 8. Do you own or are you buying a motor vehicle?<br>If yes, give details, including—<br>(a) the make;<br>(b) the model;<br>(c) the condition of the motor vehicle;<br>(d) is the motor vehicle registered? If yes, what is the registration number?<br>(e) is the vehicle subject to finance? If yes, state—<br>—the name of the financier;<br>—account reference number;<br>—how much is owing?<br>—when will payments be finalised?<br>(f) value.<br>Repeat the above information for all extra vehicles. | |
| 9. Are you owed any money? If yes, give details, including—<br>(a) who owes you the money;<br>(b) the address, telephone number and reference of the person or company;<br>(c) how much is owed?<br>(d) what circumstances give rise to that indebtedness?<br>(e) when is the debt due and payable to you? | |
| 10. Are you employed? If yes, give details—<br>(a) the position you hold?<br>(b) the name of your employer?<br>(c) the address and telephone number of your employer? | |
| 11. What income do you receive after tax and compulsory superannuation is deducted?<br>What is the nature of this income (e.g. wages, salary, commission, benefit, etc.)?<br>Is this income received weekly, fortnightly, monthly, or otherwise?<br>Do you receive overtime or other allowances?<br>If you are unemployed, what is your source of income? (e.g. sole parent benefit, disability pension, WorkCover)? | |
| 12. (a) If unemployed, how long have you been unemployed?<br>(b) What is the name of your previous employer?<br>(c) Will you be starting employment in the near future? If so, give details. | |
| 13. What other source of income do you have?<br>Give details of all sources and amounts (e.g. part‑time work, casual work, dividends, rent, etc*.*). | |
| 14. Have you any accounts at any bank/building society/credit union, etc.? If yes, give details of each account—<br>(a) name and address of financial institution;<br>(b) name of account;<br>(c) type of account;<br>(d) account number;<br>(e) present balance of account.<br>If account is not held solely by you, state name/address/phone number of each other person with whom the account is jointly held. | |
| 15. How much cash money do you have readily available? | |
| 16. Have you any personal property or assets not previously mentioned? If so, give details, including— | |
| (a) investments, shares, debentures;<br>(b) superannuation, life insurance policy;<br>(c) motor boats, caravans, trailers [*give descriptions of the boat, caravan, trailer including the registration number and value*].<br>If any of the above personal property or assets are held with another person, give the name and address of the other person. | |
| 17. Give details of your expenses calculated on a weekly basis, including—<br>(a) rent/mortgage/board;<br>(b) food;<br>(c) gas/electricity;<br>(d) clothing;<br>(e) loan repayments etc. [*give details of each loan and the balance owing*];<br>(f) credit card repayments [*give details of each card, but not the credit card number, and the amount owing*];<br>(g) house and contents insurance;<br>(h) municipal and water rates;<br>(i) telephone;<br>(j) car expenses (including registration, insurance and maintenance);<br>(k) fuel expenses of running your motor vehicle;<br>(l) education expenses;<br>(m) medical/dental/pharmaceutical;<br>(n) entertainment expenses;<br>(o) other (if any) expenses. | <br>Balance $<br> Balance $ |
| Total:<br>Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute? | $____________<br> $____________ |
| 18. Are there any other unpaid court orders/fines against you? If so, give details including—<br>(a) name/address/phone number of party to whom money is owed;<br>(b) date of court order;<br>(c) amount outstanding;<br>(d) court and reference number (if any). | |
| 19. What other moneys do you owe, not previously mentioned? | |
| 20. Are you an owner or do you have an interest in any business? If yes, give details, including—<br>(a) What is the name of the business?<br>Is it a registered business name?<br>Is there an ACN and if so what is the ACN?<br>(b) If you have partners give the full name and address of each partner and state each partner's percentage share (*including your own*) of the business;<br>(c) If a private company, state the number of shares you hold and give the name and address and number of shares of each other shareholder;<br>(d) What is the value of the goodwill of the business?<br>When was the goodwill last valued?<br>(e) What assets does the business have?<br>Give details of all—<br>(i) real estate, listing—<br>(A) locations [*addresses*];<br>(B) values;<br>(C) mortgages;<br>(ii) plant and equipment (not included elsewhere) listing—<br>(A) a description;<br>(B) locations;<br>(C) values; | |
| (D) are there any claims against these items (e.g. finance, etc.);<br>(iii) motor vehicles, listing for each—<br>(A) make/model/condition;<br>(B) registration number;<br>(C) lease or other finance details;<br>(D) value;<br>(iv) stock (not included elsewhere), listing—<br>(A) a description;<br>(B) locations [*address*];<br>(C) values;<br>(D) are there any claims against these items (e.g. finance, etc*.*);<br>(v) other deposits, investments, shares and debentures giving for each details of value and in what business/corporation/firm;<br>(vi) forward orders and/or pending contracts;<br>(vii) trademarks, labels, intellectual property. | |
| 21. Do you have an offer to pay this debt? | |
| 22. Have you paid any of the amount ordered? If so, how much and when? | |
Recorded at
this / /
before me:
I order the judgment debtor to pay the sum of $ [*insert amount*] being the costs of this examination.
| Filing fee | $ |
| Hearing fee | $ |
| Conduct money | $ |
| Service fee (*including attempt(s) and travelling*) | $ |
| Professional costs | $ |
| TOTAL | $ |
IMPORTANT
PRE-EXAMINATION INFORMATION
**To the judgment debtor**
You have been served with a Summons to Attend for Oral Examination (*Form 67A*) and an Examination Sheet (*Form 67B*).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. **You will not have to swear or affirm that the answers on this Examination Sheet are true until the examination is conducted**.
Care must be taken to provide complete and accurate answers as you will be required to take an oath or make an affirmation as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's Australian lawyers.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.
Form 67C—Examination of an officer of a judgment debtor which is a corporation
Rule 67.01(3)(8)
Examination of an Officer of a Judgment Debtor which is a Corporation
[*name of person being examined*], an officer of the judgment debtor corporation, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
| *Column 1*<br>*Questions* | *Column 2*<br>*Answers* |
| 1. What is your full name? | |
| 2. What is your address? | |
| 3. What position do you hold in the judgment debtor corporation? | |
| 4. What is the address of the registered office of the corporation? | |
| 5. Is the corporation—<br>(a) registered; or<br>(b) deregistered—<br>at the Australian Securities and Investments Commission? | |
| 6. Is the corporation still trading? If not, when did it last trade? | |
| 7. What is the nature of the business of the corporation? | |
| 8. At what addresses does the corporation carry on business? If the premises are leased, give details of—<br>(a) the name of the landlord;<br>(b) the expiration date of the lease. | |
| 9. What is the corporation's average weekly turnover? | |
| 10. Is the company owed any money? If yes, give details including—<br>(a) who owes the money? | |
| (b) the address, telephone number and reference of the person or company;<br>(c) how much is owed?<br>(d) what are the circumstances that give rise to the indebtedness?<br>(e) when is the debt due and payable to the corporation? [*give details*]. | |
| 11. Give details of the corporation's accounts at any bank/building society/credit union/etc. For each account give details, including—<br>(a) name of bank etc.;<br>(b) type of account;<br>(c) account number;<br>(d) name of account;<br>(e) present balance of account. | |
| 12. Do you produce a balance sheet of the corporation? If yes—<br>(a) is it the most up to date balance sheet available?<br>(b) does the balance sheet reflect the corporation's present position? [*detail differences*]. | |
| 13. What other assets does the corporation have? Give details of all—<br>(1) real estate, listing—<br>(a) locations [*addresses*];<br>(b) values;<br>(c) mortgages (and financier);<br>(2) plant and equipment (not included elsewhere)listing—<br>(a) a description;<br>(b) locations [*addresses*];<br>(c) values;<br>(d) are there any claims against these items (*e.g. finance, etc.*); | |
| (3) motor vehicles, listing for each—<br>(a) make/model/condition;<br>(b) registration number;<br>(c) lease or other finance details;<br>(d) value;<br>(4) stock (not included elsewhere), listing—<br>(a) a description;<br>(b) locations [*address*];<br>(c) values;<br>(d) are there any claims against these items (e.g. finance, etc*.*);<br>(5) other deposits, investments, shares and debentures, giving for each details of value and in what business/corporation/firm;<br>(6) forward orders and/or pending contracts;<br>(7) trademarks, labels, intellectual property. | |
| 14. Is there a registered debenture over the assets of the corporation?<br>If yes, identify the debenture holder, state when the debenture was given and state the amount secured by the debenture. | |
| 15. Are there any other unpaid court orders/fines against the corporation? If so, give details of each court order/fine including—<br>(a) (for court orders) name/address/phone number of party to whom the money is owed;<br>(b) date of court order/fine;<br>(c) amount outstanding;<br>(d) reference number (if any). | |
| 16. What other monies does the corporation owe, not previously mentioned? | |
| 17. Has the corporation paid any/all of the amount ordered? If so, how much and when? | |
| 18. Do you produce a profit and loss statement for the corporation? If yes—<br>(a) is it the most up to date profit and loss statement available?<br>(b) does the profit and loss statement reflect the corporation's present position? [*detail differences*]. | |
| 19. Does the corporation have a proposal to pay the amount claimed by the judgment creditor? | |
Recorded at
this / /
Before me:
I order the judgment debtor to pay the sum of $ [*insert amount*] being the costs of this examination.
| Filing fee | $ |
| Hearing fee | $ |
| Conduct money | $ |
| Service fee (including attempt(s) and travelling) | $ |
| Professional costs | $ |
| TOTAL | $ |
IMPORTANT
PRE-EXAMINATION INFORMATION
**To the officer of the judgment debtor corporation**
You have been served with a Summons to Attend for Oral Examination (*Form 67A*) and an Examination Sheet (*Form 67C*).
The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. **You will not have to swear or affirm that the answers on the Examination Sheet are true until the examination is conducted**.
Care must be taken to provide complete and accurate answers as you will be required to take an oath or make an affirmation as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's Australian lawyers.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.
Form 67D—Summons to attend to give evidence or produce documents
Rule 67.01(6)
Summons to Attend to give Evidence or Produce Documents
You are summoned to attend before the Court at [*address of Court*] at 10.00 a.m. [*or as the case requires*] on [*insert date*] to give evidence or produce the documents described in the Schedule or both to give evidence and produce those documents.
SCHEDULE
[*description of documents*]
IF YOU DO NOT ATTEND IN ANSWER TO THIS SUMMONS A WARRANT MAY BE ISSUED BY THE COURT FOR YOUR ARREST
Form 68A—Warrant to seize property
Rule 68.11(1)
Warrant to Seize Property
ORIGINAL/EXECUTION COPY
REQUEST FOR WARRANT
[*name*] is owed money.
[*name*] of [*address*] was ordered to pay money in the above matter
*on [*date*] by the Magistrates' Court at [*venue*]
*on [*date*] by VCAT
*on [*date*] by [*name of court or tribunal*] by order which was registered with this Court on [*date*]
Please issue a warrant to seize property to recover [*amount*] which is the amount now owing.
This amount is calculated—
| Amount ordered | | $ | |
| Costs ordered | | $ | |
| Interest ordered | | $ | |
| | Subtotal A | $ | |
| Less amount paid since order | | $ | |
| | Subtotal B | $ | |
| Interest from order to this date | | | |
| | Subtotal C | $ | |
| Prior costs of recovering amount ordered | | $ | |
| Fees on warrant | | $ | |
| Professional costs | | $ | |
| | Subtotal D | $ | |
| The Amount | Total | $ | |
*In accordance with section 100(7) of the **Magistrates’ Court Act 1989**, interest accruing from the date of issue of the warrant is sought on the amount stated at Subtotal B, from the date of this request, at the rate prescribed from time-to-time under the **Penalty Interest Rates Act 1983**. At time of issue of making this request the interest rate is [*insert percentage*] % per annum or $ [*insert amount*] per day.
*In accordance with section 108 of the Service and Execution of Process Act 1992 of the Commonwealth interest accruing from the date of issue of the warrant is sought on the amount stated at Subtotal B from the date of this request, at the rate prescribed in the Court of Rendition, which rate is [*insert percentage*] % per annum or $ [*insert amount*] per day.
This request is made by [*name of Australian lawyer or person making request, address and telephone number*].
It is believed that the personal property of the person ordered to pay can be found at [*address*].
WARRANT TO SEIZE PROPERTY
To the Sheriff:
You are authorised to seize the personal property of the person ordered to pay. If:
(a) the amount payable on the date of issue of this warrant; and
(b) the further interest accruing at the rate of [*insert percentage*] % per annum or $ [*insert amount*] per day on the amount stated at Subtotal B from the date of issue of this warrant; and
(c) your costs of execution set out in the request for this warrant—
are not paid, you are to sell the property and pay the amount due to [*judgment creditor*]. You or your officer must indorse details of execution on this warrant.
Issued at:
Form 68B—Warrant of delivery
Rule 68.11(2)
Warrant of Delivery
[*To be used for delivery of goods or where the Court order was for the delivery of goods or for payment of their assessed value. If the Court order was for the payment of assessed value of goods only a warrant to seize property may be used.*]
REQUEST FOR WARRANT
To the registrar:
1. Please issue a warrant for delivery of [*specify goods*] ordered to be delivered by the Court at [*venue of Court*] on [*date*] plus costs of [*amount*]. [*Either paragraph* 1 *or* 2 *must be deleted*.]
2. Please issue a warrant for delivery of [*specify goods*] or the payment of their assessed value [*specify assessed value*] ordered to be delivered or paid by the Court at [*venue of Court*] on [*date*], plus costs of [*amount*].
3. The goods were ordered to be returned to [*name and address*] by [*name and address*] who has possession of the goods. It is believed thatthe goods are located at [*address*]. [*Either paragraph* 3 *or* 4 *must be deleted*].
4. The goods were ordered to be returned to, or payment of their assessed value paid to [*name and address*] by [*name and address*] who has possession of the goods. It is believed the goods are located at [*address*].
5. This request is made by [*name of Australian lawyer or person making request, address and telephone number*].
WARRANT OF DELIVERY
To the Sheriff:
1. [*name*] is entitled to recovery of goods. [*Either paragraph* 1 *or* 2 *must be deleted*.]
2. [*name*] is entitled to recovery of goods or to payment of their assessed value.
3. [*name*] was ordered to deliver those goods. [*Either paragraph* 3 *or* 4 *must be deleted*.]
4. [*name*] was ordered to deliver those goods or pay their assessed value.
5. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If those costs are not paid you are to seize and sell property belonging to that person sufficient to cover those costs. [*Either paragraph* 5 *or* 6 *must be deleted*.]
6. You are authorised to seize the goods described above and demand costs as set out above together with your costs of execution. If you cannot cause the goods described above to be so delivered, you are to seize and sell property belonging to that person sufficient to cover the assessed value of those goods, plus the costs as set out above together with your costs of execution.
7. You or your officer must indorse details of execution on this warrant.
Issued at:
Form 69A—Notice to person responsible for safe-keeping of property seized under a warrant to seize property
Rule 69.03
Notice to Person Responsible for Safe-keeping of Property Seized under a Warrant to Seize Property
(**Magistrates' Court Act 1989**, section 111(7A))
To: [*insert name*]
The personal property listed below belonging to [*insert name*] has been seized under a warrant to seize property dated [*insert date*].
You are now **responsible for the safe-keeping of this property**.
LIST OF PROPERTY: [*description of property seized—add extra pages if space insufficient*]
Section 111(7B) of the **Magistrates' Court Act 1989** provides—
"(7B) A person who knows that the property has been seized under a warrant to seize property or is the subject of a notice served under subsection (7A) must not, except with the written consent of the person executing the warrant to seize property—
(a) interfere with or dispose of that property; or
(b) deface or remove any mark attached to that property indicating that it had been so seized; or
(c) remove that property from the place at which it was situated when the notice was served.
Penalty applying to this subsection: 25 penalty units or 6 months imprisonment or both."
Signature of person executing warrant:
Form 71A—Garnishee order
Rule 71.04(7)
Garnishee Order
[*where garnishee debt is less than judgment debt, interest and judgment creditor's costs*]
AT
BETWEEN *A.B.* Judgment creditor
and
and
*E.F.* Garnishee
THE COURT ORDERS that:
1. The garnishee [*where appropriate insert here* (after deducting therefrom $ [*insert amount*] for costs of the garnishee application)] pay to the judgment creditor without delay $ [*insert amount*], the debt due from the garnishee to the judgment debtor and if the garnishee defaults in payment, execution may issue against the garnishee
[*or where the debt is not due but accruing*]
pay to the judgment creditor $ [*insert amount*], the debt accruing from the garnishee to the judgment debtor, as follows [*state the amount or amounts to be paid and the time or times of payment as directed by the Court*] and that in default of payment, execution may issue against the garnishee.
2. $ [*insert amount*], the costs of the judgment creditor of the garnishee application, be added to the judgment debt and the interest accrued thereon and be retained by the judgment creditor out of the money recovered by the judgment creditor under this order in priority to the judgment debt and interest.
Form 71B—Garnishee order
Rule 71.04(7)
Garnishee Order
[*where garnishee debt is greater than judgment debt, interest and judgment creditor's costs*]
[*heading as in Form 71A*]
THE COURT ORDERS that:
1. The garnishee pay without delay to the judgment creditor $ [*insert amount*], being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee
[*or where the debt is not due but accruing*]
pay to the judgment creditor $ [*insert amount*], being so much of the debt accruing from time to time to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings as follows [*state the amount or amounts to be paid and the time or times of payment as directed by the Court*] and that in default of payment execution may issue against the garnishee.
[*where appropriate add*]
2. The garnishee be at liberty to retain $ [*insert amount*] being the garnishee's costs of the garnishee proceedings out of the balance of the debt due [*or* accruing] from time to time to the judgment debtor.
Form 72A—Attachment of earnings summons
Rule 72.02(2)
Attachment of Earnings Summons
You are summoned to attend before the Magistrates' Court at [*venue*] on the hearing of an application by [*judgment creditor*] for an order that your earnings be attached to satisfy the order against you in favour of [*judgment creditor*] made by the Court at [*venue*] on [*date*] for [*amount*], in respect of which [*amount*] is due and unpaid, being—
(a) [*amount*] due under the order;
(b) [*amount*] costs of this attachment application;
(c) [*amount*] other costs incurred subsequent to order;
(d) [*amount*] interest to date.
The application will be heard by the Court at [*venue*] at [*time*] on [*date*].
This application was filed by [*insert name of Australian lawyer*], Australian lawyer for [*identify party*].
Form 72B—Affidavit in support of application for attachment of earnings order
Rule 72.02(3)
Affidavit in Support of Application for Attachment of Earnings Order
I, [*name of judgment creditor*] of [*address*]
the judgment creditor, *make oath/*affirm and say that:
1. By an order dated: [*insert date*] it was ordered that [*judgment debtor*] pay me the sum of [*amount*] together with costs.
2. [*amount*] is due and unpaid in respect of the order, being—
(a) [*amount*] due under the order;
(b) [*amount*] costs of this attachment application;
(c) [*amount*] other costs incurred subsequent to order;
(d) [*amount*] interest to date.
*or*
[*judgment debtor*] has persistently failed to comply with an order with respect to the order made by the Court on [*date*] that [*insert terms or order not complied with*].
3. [*judgment debtor*] is employed by [*name and address of employer*] as a [*occupation*].
4. No warrant committing [*judgment debtor*] to prison under the **Imprisonment of Fraudulent Debtors Act 1958** has been issued.
*or*
A warrant committing [*judgment debtor*] to prison under the **Imprisonment of Fraudulent Debtors Act 1958** has been issued and has been returned unexecuted.
*Sworn/*Affirmed, etc.
Form 72C—Judgment debtor's statement of financial position
Rules 72.02(4), 72.04(3), 72.05(5)(a)
Judgment Debtor's Statement of Financial Position
An order was made at the Court on / /
TAKE NOTICE: Complete this form by giving the information requested below. The completed forms signed by you must be sent to [*judgment creditor*] at [*address for service*] before [*day of hearing named in the summons*]. If you do not do this, the Court may make an order that you attend before the Court and give the information.
[*Signed by judgment creditor or Australian lawyer*].
1. Amount and source of weekly income—
Occupation:
If working for an employer:
Name and address of employer:
Gross wage:
Current overtime (if any):
Car and other allowances and commission:
If self-employed or in partnership:
Average pre-tax earnings for last 12 months:
If unemployed:
State length of last employment, when last employment ceased and gross weekly amount earned:
Pension or other benefit received:
Workers' compensation received:
Other monies:
Maintenance received:
Superannuation received:
Board or rent received:
Average weekly income including any interest from banks and building societies and [*any income from*] investments in shares, etc:
Average weekly dividend on shares:
Other income [*give particulars*]:
Total gross weekly income:
2. Property and assets—
Land, including vacant land:
For each piece of land—
Amount of mortgage:
Motor vehicle:
For each motor vehicle—
Year, make and model:
Amount owing to finance company:
Deposit in bank, building society, etc.:
Cash presently in your possession:
Other investments including shares, debentures, bonds:
Money owing to you:
From , $
From , $
Value of interest in partnership or business:
Furniture, household and personal goods:
Amount owing to finance company:
Life insurance policies:
Give particulars and state surrender value of each policy:
Other assets [*give particulars*]:
Total property and assets:
3. Debts, liabilities and other financial obligations—
(a) Weekly expenses;
Income tax:
Superannuation:
Housing (mortgage, rent, board, hospital or institution):
Municipal rates:
Water and sewerage rates:
Land tax:
Child care expenses incurred for the purpose of earning income:
Maintenance actually paid:
Instalment payments such as for household goods or tools of trade:
To , $
To , $
Electricity and gas:
Food:
Other general household expenses:
Motor vehicle expenses (registration, insurance, maintenance, fuel):
Fares:
Telephone:
Insurance policy premiums:
School fees and other school expenses:
Clothing and shoes:
Medical and chemist expenses:
Entertainment:
Payment on court orders and fines:
Other expenses [*give particulars*]:
(b) Other debts outstanding;
Give particulars of debts under hire purchase, leasing, credit
card or other credit contracts, department store accounts,
guarantee or personal loan:
$ , to , due on
$ , to , due on
4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the name of the other owner or owners:
5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:
6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:
Signature of judgment debtor:
Form 72D—Order that judgment debtor attend for examination
Rule 72.04(8)
Order that Judgment Debtor Attend for Examination
THE COURT ORDERS that [*judgment debtor*] attend before the Court
at on [*date*] to be examined concerning the means and ability of [*judgment debtor*] to comply with the order [*state terms of order*].
Form 72E—Order that person indebted or employer of judgment debtor give statement
Rule 72.04(8)
Order that Person Indebted or Employer of Judgment Debtor give Statement
THE COURT ORDERS that [*name of person indebted or employer*] give to the Court on or before [*date*] a statement in writing signed by the person or on the person's behalf containing the following particulars of indebtedness to [*judgment debtor*] that became payable during the period [*insert date*] to [*insert date*].
[*complete appropriately*]
Form 72F—Attachment of earnings order
Rule 72.05(6)
Attachment of Earnings Order
THE COURT ORDERS THAT:
1. [*name*] of [*address*], the employer of [*judgment debtor*] (***the judgment debtor***) on each pay-day whilst this order is in force, subject to paragraph 2 of this order, deduct from the earnings of the judgment debtor, the sum of $ [*amount per week/fortnight/month*] ("the normal deduction rate") until a total sum of $ [*amount*] has been deducted and remit each payment made under this order to [*name and address of person to whom payments are to be made*].
2. The protected earnings rate, that is, the rate below which the earnings of the judgment debtor may not be reduced by a payment under this order, must be $ [*amount*] per [*week/fortnight/month*].
3. A deduction on a pay-day is only to be made if the net earnings of the judgment debtor exceed the protected earnings.
4. If any deduction is not made from the judgment debtor's earnings on any pay-day (or is not made in full) by reason of the protected earnings rate, the employer must make good such deduction from the excess of any subsequent earnings of the judgment debtor.
5. The employer may deduct each pay-day $ [*amount*] for clerical and administrative costs in complying with this order.
6. In the event that—
(a) you are not the employer of the judgment debtor;
(b) if you were the employer of the judgment debtor at the time of service of this order but have since ceased to be the employer—
you must give written notice of such fact (and the date you ceased to be the employer of the judgment debtor), to the registrar of the Magistrates' Court of Victoria at [*venue*] and to the judgment creditor at [*address of judgment creditor or judgment creditor's Australian lawyer*].
BY THE COURT
**NOTES**:
1. The first deduction required to be made under this order is on the first pay-day following 7 days after the day of service of this order.
2. ***Earnings*** attached by this order means, in relation to a judgment debtor—
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or
(b) by way of pension, including—
(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolishment or relinquishment, or any diminution in the emoluments, of any office or employment—
but does not include any pension payable to the judgment debtor under the Commonwealth Acts known as the Social Security Act 1991 as amended from time to time or the Veterans' Entitlements Act 1986 as amended from time to time.
3. Where you are or have been served with 2 or more attachment of earnings orders, you are required to—
(a) comply with those orders according to the respective day on which they took effect and disregard a subsequent order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were residue of the earnings of the judgment debtor after the making of any payment under an earlier order.
4. You are required to give the judgment debtor a notice specifying particulars of the payments made by you under this attachment of earnings order.
5. You are required to give the judgment debtor notice of any deductions made under paragraph 5 of this order.
**WARNING**:
1. It is an offence to fail to comply with an attachment of earnings order. The maximum penalty for non-compliance is 60 penalty units or 6 months imprisonment or both.
2. It is an offence to dismiss an employee or injure an employee or alter an employee's position to the prejudice of the employee because of the making of an attachment of earnings order or because of a requirement to make payments under an attachment of earnings order. The maximum penalty is 5 penalty units.
3. If you fail to comply with this order, the judgment creditor may apply to the court to have you the employer liable to pay the deductions.
Form 82A—Application for suppression order
Rule 82.02
Application for Suppression Order
Tel: [*insert number*]
NOTE: Pursuant to section 10(1) of the **Open Courts Act 2013**, an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates.
Application for:
🞏 Proceeding Suppression Order
🞏 Broad Suppression Order
🞏 Other (please specify)
Grounds of application [*insert brief description of grounds of application*]:
The proceeding to which this application relates is next listed for hearing at [*venue*] on [*date*].
[*Applicant or applicant's Australian lawyer*]
**NOTICE OF APPLICATION**
**(To be completed by the Registrar)**
This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [*venue*] on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows.
Form 82B—Application to review a suppression order
Rule 82.03
Application to Review a Suppression Order
Tel: [*insert number*]
This application is made by:
🞏 The applicant for the order
🞏 A party to the proceeding
🞏 The Attorney-General
🞏 The Attorney-General of another State or Territory or of the Commonwealth
🞏 A news media organisation
🞏 Other [*state if applicable*]:
I, [*applicant's name*] make application to review the [*type of order*] suppression order made on [*date of order*] before Magistrate [*name of Magistrate who made the order*] at the [*venue*] of the Magistrates' Court.
Grounds of application [*insert brief description of grounds for application*]:
[*Applicant or applicant's Australian lawyer*]
**NOTICE OF APPLICATION**
**(To be completed by the Registrar)**
This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [*venue*] on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows.
NOTE: Any person specified under section 15(1)(b) of the **Open Courts Act 2013** is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act.
Appendix A amended by S.R. Nos 23/2021 rule 5, 89/2021 rule 7, 167/2021 rule 5, 54/2022 rule 11, 134/2022 rule 5, 68/2023 rule 6, 128/2023 rule 5, 134/2024 rule 5, 134/2025 rule 5.
Appendix A—Scale of costs
Scale of costs and fees which may be claimed by Australian lawyers and counsel as between party and party as well as between Australian lawyer and client.
If in any case the Court or registrar thinks that any item is inadequate or excessive, the Court or registrar may allow a greater or lesser sum than the scale provides.
If the scale of costs does not provide for any case, the Court or registrar may allow reasonable costs.
- *Item* *Particulars of Service* *$*
- 1. Claim for debt, liquidated demand or claim arising from a motor vehicle accident for costs of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is—
- (a) Less than $500 275
- (b) $500 to less than $5000 576
- (c) $5000 to less than $7500 707
- (d) $7500 to less than $20 000 850
- (e) $20 000 to less than $40 000 1056
- (f) $40 000 to less than $70 000 1271
- (g) $70 000 and over 1519
- **Instructions**
- 2. Instructions to make, issue or oppose an application or summons or any notice of objection under the **Judgment Debt Recovery Act 1984** including instructions for any affidavit (not otherwise provided for).
- **Institution of proceedings**
- 3. Complaint, including instructions to sue, letter before action, attendances on counsel, copies for service, issuing, and attendances on process server.
| *Item* | *Particulars of Service*<br>*(Costs for items 2 to 80 are set out in Table 1)* |
| 4. | Consent of litigation guardian including preparation of memorandum, copies and obtaining signature of litigation guardian. |
| 5. | Notices of defence to claim, counterclaim or third party notice including instructions to defend, perusal of claim, counterclaim or third party notice, reply, attendances on counsel, copies, filing and service. |
| 6. | Counterclaim, third party notice, notice of contribution or any further pleading including instructions to issue, attendances on counsel, copies, filing and service. |
| 7. | Perusal of notice of defence, counterclaim, third party notice or any other pleading, and notice of contribution. |
| | **Particulars** |
| 8. | Request for particulars of any document including attendances on counsel, copies, filing, service and perusal of further particulars. |
| 9. | Further and better particulars of any documents including perusal of request, attendances on counsel, copies, filing and service. |
| | **View** |
| 10. | Attending view, including arranging view and attendance on counsel. |
| 11. | If the attendance exceeds half an hour—for each quarter hour thereafter. |
| | **Discovery** |
| 12. | Notice of discovery including filing and service. |
| 13. | Perusal of affidavit of documents and inspection of documents. |
| 14. | Affidavit of documents including instructions, attendances on counsel, copies, swearing, affirming, filing, service and production of documents for inspection. |
| 15. | Notice to produce documents including filing and service. |
| | **Interrogatories** |
| 16. | Interrogatories for examination including instructions, attendances on counsel, copies, filing, service and perusal of answers. |
- 17. Answers to interrogatories including perusal of interrogatories, instructions, attendances on counsel, copies, swearing, affirming, filing and service.
- **Brief to advise**
- 18. Brief to advise including preparation of memorandum to counsel, attendances on counsel and perusal of advice.
- **Notices, certificates, undertakings, etc.**
- 19. Any necessary notice (including notices before proceeding), certificate (including certificates before proceeding), undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service.
- 20. Notice to admit including perusal of admissions, copies, filing and service.
- 21. Admissions, including perusal of notice to admit, copies, filing and service.
- 22. Offer of compromise or notice of acceptance of offer including copies, filing and service.
- **Witnesses and expert witnesses**
- 23. Subpoena including instructions, copies and issuing.
- 24. Attendance on witness to arrange attendance to give evidence without subpoena, including reminders.
- 25. Arranging examination or inspection by an expert witness and notifying party, supplying relevant documents to witness, obtaining and perusing report.
- 26. Notifying party of examination or inspection arranged by opposite party.
- * * * * * *
- **Applications**
- 28. Application or summons or any notice under the **Judgment Debt Recovery Act 1984** including copies, issuing and affidavit of service.
- 29. Application for an order under Rule 21.01 (in addition to item 1 if applicable) or 21.08 including copies and issuing.
- 29A To draw or settle any necessary medical panel referral documents including medical questions, lists of documents and submissions pursuant to the **Accident Compensation Act 1985** etc.
- 29B To draw or settle any necessary medical panel referral documents including medical questions, section 304 statements, lists of documents and submissions pursuant to the **Workplace Injury Rehabilitation and Compensation Act 2013** etc.
- **Notice of objection**
- 30. Notice of objection under the **Judgment Debt Recovery Act 1984** including copies, issuing and affidavit of service.
- **Affidavits**
- 31. Affidavit including attendances on counsel, copies, swearing, affirming, filing and service.
- 32 Affidavit of service, including swearing or affirming and filing (not otherwise provided for).
- **General preparation**
- 33. For work necessarily and properly done in preparing for hearing and not otherwise provided for, including—
- (a) taking instructions for examination of any party or witness;(b) considering the facts and the law;(c) attending on and corresponding with client;(d) interviewing and corresponding with witnesses and taking proofs of their evidence;(e) obtaining reports or advice from experts and maps, plans, photographs and models;(f) making search in any public office and elsewhere for relevant documents;(g) inspecting any property or place material to the proceeding;(h) perusing relevant documents;(i) general care and conduct of the proceeding.
- **Pre-hearing conference**
- 34. Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, correspondence and perusals.
| *Item* | *Particulars of Service*<br>*(Costs for items 2 to 80 are set out in Table 1)* |
| 35. | Attendance at conference whether by counsel or Australian lawyer. |
| | **Mediation** |
| 36. | Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, all necessary correspondence, perusals, etc. |
| 37. | Attending mediation by Australian lawyer, for first 4 hours or part thereof. |
| 38. | For each subsequent hour. |
| 39. | Attending mediation with counsel (where necessary) per hour. |
| 40. | If Australian lawyer attends at a place more than 50 kilometres from the Australian lawyer's place of business, an additional fee may be allowed. |
| 41. | The reasonable costs of a mediation held before the commencement of proceedings may be allowed. |
| | **Court attendance** |
| 42. | Attendance at Court or upon magistrate or officer of the Court on application, summons, appeal or to hear reserved judgment. |
| 43. | Attendance of Australian lawyer without counsel at a directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer including a WorkCover directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer. |
| 44. | Attending WorkCover mentions. |
| 45. | Attendance at Court on hearing—Australian lawyer without counsel for the first 6 hours (including any luncheon adjournment). |
| 46. | If attendance at Court exceeds 6 hours—for each hour thereafter. |
| 47. | Attendance at Court by Australian lawyer on hearing with counsel for the first 3 hours. |
| 48. | If attendance exceeds 3 hours—for each hour thereafter. |
| | **Conference with counsel** |
| 49. | Appointment and attendance per hour (when necessary). |
- **Fees to counsel**
- 50. To draw or settle any necessary document including notice before action, particulars of claim or defence (including special defence), counterclaim, interrogatories etc.
- 51. To confer, prepare, view or consult—per hour.
- 52. To advise on evidence or give opinion.
- 53. Brief on hearing for each day or part of a day.
- * * * * * *
- 55. Attending mediation, for the first 4 hours or part thereof.
- 56. For each subsequent hour.
- 57. Attending at WorkCover directions hearing.
- 57A. Attending at the hearing of an application for revocation of a direction of a conciliation officer.
- **Documents**
- 58. Drawing any document or brief (where not otherwise provided for)—per folio.
- 59. Typing any document or brief (where not otherwise provided for)—per folio.
- 60. Copies—For the first 50 pages of photocopying in a proceeding, $3.02 per page.For any photocopying after the first 50 pages in a proceeding, 85 cents per page.
- **Court books**
- To draw and settle any court book, including the index, correspondence with any party and the Court, copies, filing and service.
- 60A. For a court book with less than 100 pages.
- 60B. For a court book with 100 pages or more and less than 300 pages.
- 60C. For a court book with 300 pages or more and less than 500 pages.
- 60D. For a court book with 500 pages or more.
- **Perusals**
- 61. Of any document or part of a document (where not otherwise provided for)—per folio.
- 62. Examination or scanning any document which is not necessary to peruse—per folio.
- **Correspondence**
- 63. Special letter.
- 64. Ordinary letter (including an agency letter).
- 65. Circular letter. After the first, postage may be claimed as a disbursement.
- **Attendances**
- 66. Attendance—such as an attendance at the office of the registrar or on a process server or to serve or an attendance which is capable of being made by a clerk.
- 67. Attendance (personal or by telephone) of an Australian lawyer or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour.
- 68. Attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour.
- **Warrant, summons, etc.**
- 69. Warrant to seize property or of delivery including instructions, preparation and issuing.
- 70. Summons for oral examination, including instructions, preparation of summons and affidavit, issuing, arranging service, forwarding summons and affidavit to registrar with letter.
- 71. Proceedings for attachment of debts including all professional costs.
- 72. Summons for attachment of earnings, including instructions, preparation of summons, affidavit and Form 72A, issuing summons, arranging service, forwarding summons and affidavit to registrar with a letter (including affidavit of service).
- 73. Form 72F, including preparation, filing and service.
- 74. Order to attend or to give a statement under Rule 72.04 including preparation, issuing and arranging service.
- 75. Registration of interstate judgment.
- **Service**
- 76. For service of Court documents on each person to be served.
- 77. For service of Court documents on each person to be served where service is effected by post or by leaving at a document exchange.
- 78. For every necessary visit made in attempting service of Court documents and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit.
- 79. In addition to the abovementioned service fees an allowance at the rate of 85 cents for each 1 kilometre in respect of any distance measured both ways from the nearest court house or other building where the Court is held, or the residence of the person who served the court document, whichever is the closer, to the place of service or attempted service of the document.
- **Notes to items 76 to 79 inclusive:**A In these items ***Court documents*** include complaint, summons, application or other document used in a court proceeding.B A registrar, upon application made before service of any Court document, may fix and indorse on the document an amount representing an allowance calculated at 85 cents for each kilometre of the distance both ways by the shortest practicable route, from the nearest court house or other building where the Court is held, or the residence of the process server, whichever is the closer to the place of service and the Court in assessing costs on the hearing must have regard to the amount so fixed and indorsed.C For service of 2 or more Court documents in the same proceeding on the same person who was or could have been served at the same time and place, only one service fee must be allowed.D For service of a Court document in the same proceeding on 2 or more persons who were or could have been served at the same time and place, only one service fee shall be allowed.
- E No costs shall be allowed for service of any Court document where service has been effected by an employee of the plaintiff or defendant, unless the Court is satisfied by evidence on oath or affirmation or affidavit that the employee is exclusively engaged on the service of legal process for the employer.
- **Substituted service**
- 80. Order for substituted service including all professional costs.
- 81. If an advertisement in lieu of service is ordered, the necessary and reasonable costs of the advertisement in addition.
- **Witnesses' expenses**
- 82. Subject to item 82A, witnesses giving evidence in an expert or professional capacity, up to $355 per hour or part thereof, but not to exceed $2496 per day.Other witnesses—up to $88 per hour or part thereof, but not to exceed $440 per day.
- 82A. Witnesses giving evidence in the capacity of motor vehicle loss assessors, up to $186 per hour or part thereof, but not to exceed $1017 per day.
- **Circuit fees**
- 83. (a) A circuit fee may be charged by counsel where the claim or the counterclaim is $40 000 or more. No circuit fee may be charged where the claim or the counterclaim is less than $40 000, unless the Court otherwise orders;
- (b) A circuit fee must be calculated on the same basis as a fee for counsel on the hearing of a proceeding;
- (c) Any circuit fee allowed under paragraph (a) or (b) must be in accordance with Schedule 1 to Chapter I of the Rules of the County Court unless the circuit town appears in Table 2, in which case Table 2 applies. Whether or not Schedule 1 to Chapter I of the Rules of the County Court Table 2 applies, not more than one circuit fee must be allowed in any one day in relation to any proceeding or matter;
- (d) A circuit fee may be charged by a mediator who conducts a mediation following a referral of a proceeding or part of a proceeding to mediation. A circuit fee may also be charged for a pre-issue mediation held in accordance with a Practice Direction. A circuit fee may only be charged by a mediator with the agreement of the parties to the mediation.
- **Interpreter Allowances**
- 84. Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel—(a) per hour or part thereof reasonably absent from professional rooms or place of business—$79(b) but in any event not to exceed in any one day—$545.
- 85. (a) for absence from place of residence or business for 4 hours or less—$311(b) and for each hour or part thereof in excess of 4 hours—$79(c) but in any event not to exceed in any one day—$545.
- For the purposes of items 84 and 85, the Magistrates' Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter.Notwithstanding anything in the above scale, the Magistrates' Court may allow an increased amount to a professional interpreter in special circumstances.
Table 1
(*Costs in dollars for items 2 to 85*)
| *Item* | *A*<br>*Less than $500* | *B*<br>*$500 to less than $5000* | *C*<br>*$5000 to less than $7500* | *D*<br>*$7500 to less than $20 000* | *E*<br>*$20 000 to less than $40 000* | *F*<br>*$40 000 to less than $70 000* | *G*<br>*$70 000 and over* |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 2. | 95 | 95 | 95 | 141 | 179 | 212 | 246 |
| 3. | 275 | 577 | 708 | 851 | 1057 | 1273 | 1523 |
| 4. | n/a | n/a | 206 | 270 | 275 | 294 | 311 |
| 5. | 127 | 273 | 339 | 404 | 504 | 606 | 727 |
| 6. | 147 | 303 | 372 | 445 | 550 | 664 | 795 |
| 7. | 66 | 66 | 66 | 66 | 66 | 66 | 66 |
| 8. | 97 | 217 | 263 | 314 | 393 | 469 | 558 |
| 9. | 88 | 183 | 218 | 263 | 325 | 394 | 471 |
| 10. | n/a | n/a | 220 | 306 | 332 | 372 | 417 |
| 11. | n/a | n/a | 23 | 62 | 62 | 62 | 62 |
| 12. | 62 | 103 | 127 | 150 | 191 | 223 | 258 |
| 13. | 77 | 147 | 172 | 214 | 268 | 318 | 376 |
| 14. | 153 | 321 | 394 | 471 | 596 | 702 | 833 |
| 15. | 62 | 97 | 127 | 153 | 191 | 223 | 258 |
| 16. | 124 | 257 | 311 | 372 | 467 | 557 | 643 |
| 17. | 165 | 351 | 448 | 537 | 664 | 800 | 947 |
| 18. | n/a | n/a | 220 | 306 | 332 | 372 | 416 |
| 19. | 61 | 109 | 128 | 154 | 192 | 224 | 272 |
| 20. | 165 | 165 | 165 | 224 | 285 | 345 | 410 |
| 21. | 165 | 165 | 165 | 224 | 285 | 345 | 410 |
| 22. | 141 | 141 | 141 | 212 | 263 | 314 | 376 |
| 23. | 32 | 53 | 72 | 72 | 95 | 114 | 135 |
| 24. | 31 | 33 | 32 | 54 | 59 | 67 | 81 |
| 25. | 88 | 91 | 92 | 137 | 172 | 206 | 246 |
| 26. | 17 | 17 | 17 | 66 | 84 | 103 | 122 |
| * * * * * * | | | | | | | |
| 28. | 53 | 119 | 128 | 147 | 182 | 217 | 256 |
| 29. | 57 | 57 | 57 | 57 | 57 | 57 | 57 |
| 29A. | 125 | 232 | 314 | 351 | 471 | 564 | 654 |
| 29B. | 125 | 232 | 314 | 351 | 471 | 564 | 654 |
| 30. | 56 | 56 | 56 | 56 | 56 | 56 | 56 |
| 31. | 124 | 257 | 311 | 372 | 467 | 550 | 642 |
| 32. | 54 | 54 | 54 | 54 | 54 | 54 | 54 |
| 33. | 500 | 1636 | 2020 | 2426 | 3034 | 4384 | 6818 |
| 34. | 121 | 371 | 495 | 598 | 741 | 892 | 1020 |
| 35. | 218 | 418 | 599 | 741 | 926 | 1118 | 1303 |
| 36. | 121 | 363 | 495 | 598 | 728 | 873 | 1002 |
| 37. | 218 | 418 | 599 | 741 | 914 | 1099 | 1281 |
| 38. | 64 | 119 | 149 | 174 | 225 | 273 | 317 |
| 39. | 64 | 119 | 149 | 174 | 225 | 273 | 317 |
| 40. | *refer to item 40* | | | | | | |
| 41. | *refer to item 41* | | | | | | |
| 42. | 128 | 290 | 357 | 434 | 541 | 650 | 774 |
| 43. | 218 | 418 | 601 | 745 | 933 | 1122 | 1305 |
| 44. | 196 | 196 | 196 | 196 | 196 | 196 | 196 |
| 45. | 461 | 926 | 1398 | 1676 | 2096 | 2503 | 2913 |
| 46. | 99 | 183 | 218 | 268 | 332 | 398 | 466 |
| 47. | 210 | 357 | 447 | 537 | 664 | 800 | 924 |
| 48. | 64 | 119 | 149 | 175 | 217 | 263 | 308 |
| 49. | 64 | 128 | 164 | 208 | 261 | 312 | 367 |
| 50. | 86 | 160 | 208 | 241 | 313 | 375 | 435 |
| 51. | 86 | 160 | 208 | 241 | 313 | 375 | 435 |
| 52. | n/a | n/a | 276 | 419 | 452 | 506 | 757 |
| 53. | 571 | 1280 | 1726 | 2069 | 2581 | 3101 | 3386 |
| * * * * * * | | | | | | | |
| 55. | 235 | 460 | 654 | 806 | 1011 | 1215 | 1416 |
| 56. | 71 | 129 | 159 | 190 | 256 | 300 | 353 |
| 57. | 240 | 467 | 662 | 819 | 1028 | 1235 | 1482 |
| 57A. | 819 | 819 | 819 | 819 | 819 | 819 | 819 |
| 58. | 5.70 | 13.60 | 13.60 | 14.90 | 17.40 | 19.80 | 26.90 |
| 59. | 3.70 | 3.70 | 3.70 | 3.70 | 3.70 | 3.70 | 3.70 |
| 60. | *refer to item 60* | | | | | | |
| 60A. | n/a | n/a | n/a | 247 | 309 | 386 | 482 |
| 60B. | n/a | n/a | n/a | 335 | 419 | 523 | 654 |
| 60C. | n/a | n/a | n/a | 457 | 571 | 714 | 892 |
| 60D. | n/a | n/a | n/a | 585 | 731 | 914 | 1143 |
| 61. | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 |
| 62. | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 |
| 63. | 54 | 54 | 54 | 54 | 54 | 54 | 54 |
| 64. | 37 | 37 | 37 | 37 | 37 | 37 | 37 |
| 65. | 20 | 20 | 20 | 20 | 20 | 20 | 20 |
| 66. | 37 | 37 | 37 | 37 | 37 | 37 | 37 |
| 67. | 64 | 64 | 64 | 64 | 64 | 64 | 64 |
| 68. | 32 | 32 | 32 | 32 | 32 | 32 | 32 |
| 69. | 71 | 146 | 172 | 217 | 272 | 325 | 383 |
| 70. | 73 | 175 | 212 | 232 | 295 | 357 | 416 |
| 71. | 210 | 421 | 473 | 568 | 707 | 845 | 1107 |
| 72. | 376 | 532 | 573 | 718 | 898 | 1075 | 1411 |
| 73. | 64 | 109 | 128 | 154 | 192 | 224 | 261 |
| 74. | 64 | 110 | 128 | 154 | 192 | 224 | 261 |
| 75. | 95 | 95 | 95 | 141 | 141 | 141 | 141 |
| 76. | 91 | 91 | 91 | 91 | 91 | 91 | 91 |
| 77. | 16 | 16 | 16 | 16 | 16 | 16 | 16 |
| 78. | 62 | 62 | 62 | 62 | 62 | 62 | 62 |
| 79. | *refer to item 79* | | | | | | |
| 80. | 186 | 336 | 399 | 470 | 592 | 699 | 812 |
| 81. | *refer to item 81* | | | | | | |
| 82. | *refer to item 82* | | | | | | |
| 82A. | *refer to item 82A* | | | | | | |
| 83. | *refer to item 83* | | | | | | |
| 84. | *refer to item 84* | | | | | | |
| 85. | *refer to item 85* | | | | | | |
Table 2—Circuit fees
| *Circuit town* | *Fee for each day*<br>*or part of day* |
| Ararat | 663 |
| Benalla | 703 |
| Colac | 557 |
| Echuca | 703 |
| La Trobe Valley | 544 |
| Mansfield | 557 |
| Portland | 768 |
| Stawell | 703 |
| Swan Hill | 703 |
Appendix B—Civil Registry Courts—Filing of complaints under Workers Compensation Act 1958 or Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013
If the place where the subject matter of the complaint arose or the place of residence of the defendant is—
(a) within the metropolitan area (being the inner urban, southern suburbs, northern and eastern suburbs and western suburbs regions)—Melbourne Magistrates' Court;
(b) within the Western Districts region—Geelong, Ballarat or Warrnambool Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(c) within the Wimmera-Mallee region—Bendigo or Mildura Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(d) within the Upper Murray region—Wangaratta Magistrates' Court;
(e) within the Gippsland region—Latrobe Valley Magistrates' Court.
Appendix C—Civil Registry Courts—Filing of complaints in proceedings to which the Trans‑Tasman Proceedings Act 2010 of the Commonwealth applies
| Bairnsdale | Heidelberg | Seymour |
| Ballarat | Horsham | Shepparton |
| Bendigo | Latrobe Valley | Wangaratta |
| Broadmeadows | Melbourne | Warrnambool |
| Dandenong | Mildura | Werribee |
| Echuca | Moorabbin Justice Centre | Wodonga |
| Frankston | Ringwood | |
| Geelong | Sale | |
Schedule—Revoked Statutory Rules
Rule 1.03(2)
Revoked Statutory Rules
| *S.R. No*. | *Title* |
| 140/2010 | Magistrates' Court General Civil Procedure Rules 2010 |
| 152/2010 | Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 |
| 36/2011 | Magistrates' Court General Civil Procedure (Amendment No. 2) Rules 2011 |
| 149/2011 | Magistrates' Court General Civil Procedure (Scale of Costs and Fees Amendment) Rules 2011 |
| 2/2012 | Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 |
| 28/2012 | Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 |
| 109/2012 | Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 |
| 110/2012 | Magistrates' Court General Civil Procedure (Trans-Tasman Proceedings Amendment) Rules 2012 |
| 158/2012 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Scale of Costs and Other Amendments) Rules 2012 |
| 35/2013 | Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013 |
| 89/2013 | Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 |
| 155/2013 | Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 |
| 178/2013 | Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2013 |
| 11/2014 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014 |
| 70/2014 | Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 |
| 105/2014 | Magistrates' Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 |
| 180/2014 | Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2014 |
| 3/2015 | Magistrates' Court General Civil Procedure (Forms and Related Amendments) Rules 2015 |
| 163/2015 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2015 |
| 164/2015 | Magistrates' Court (Chapter I Miscellaneous Amendments) Rules 2015 |
| 17/2016 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2016 |
| 82/2016 | Magistrates' Court General Civil Procedure (Expert Witness Code Amendment) Rules 2016 |
| 135/2016 | Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 |
| 137/2016 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2016 |
| 103/2017 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2017 |
| 128/2017 | Magistrates' Court General Civil Procedure and Miscellaneous Proceedings (Costs Amendment) Rules 2017 |
| 158/2018 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2018 |
| 159/2018 | Magistrates' Court General Civil Procedure Amendment (Service Out of Jurisdiction) Rules 2018 |
| 167/2018 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2018 |
| 32/2019 | Magistrates' Court General Civil Procedure Amendment Rules 2019 |
| 49/2019 | Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019 |
| 144/2019 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2019 |
Dated: 20 October 2020
LISA HANNAN,
*Chief Magistrate*
FELICITY BROUGHTON,
*Deputy Chief Magistrate*
SUSAN WAKELING,
*Deputy Chief Magistrate*
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Endnotes