Part 7Allowances on taxation generally 310

Part 7—Allowances on taxation generally 310 63.68 Application 310 63.70 Unnecessary work 310 63.71 Gross sum for costs 311 63.72 Increase or decrease of amounts in Scale 311 Order 64—Appeal to Court of Appeal 312 Order 65—Applications to Court of Appeal 313 Order 66—Enforcement of orders 314 66.01 Definitions 314 66.02 Enforcement of orders for the payment of money 314 66.04 Enforcement of orders for the delivery of goods 314 66.05 Enforcement of orders for the doing or abstaining from doing of any act 315 66.06 Attendance of natural person 315 66.07 Attendance of corporation 315 66.10 Service of orders to be enforced 316 66.11 Substituted performance 317 66.12 Enforcement by or against non-party 318 66.13 Non-performance of condition 318 66.14 Matters occurring after order 318 66.15 Order in aid of enforcement 318 66.16 Stay of execution 319 Order 67—Examination of judgment debtor 320 67.01AA Definition 320 67.01 Examination of judgment debtor 320 67.02 Application for examination summons processed by CMS 322 Order 68—Warrants of execution 324 Part 1—Warrants generally 324 68.01 Definition 324 68.03 Separate execution for costs 324 68.04 Issue of warrant 324 68.05 Duration 325 68.06 Costs of prior execution 326 68.07 Order against 2 or more persons 326 68.08 Order against partners 327 68.09 Request for warrant processed by CMS 327 68.10 Application of certain rules, practice and procedure of Supreme Court 328 68.11 Form of warrant to seize property and warrant of delivery 328 Part 2—Warrants of delivery 328 68.12 Warrant of delivery 328 Order 69—Warrants to seize property 330 69.01 Warrant to seize property 330 69.03 Notice to person responsible for safe-keeping of seized property 330 69.07 Notional possession of goods 331 Order 70—Warrants of possession 332 Order 71—Garnishee orders 333 71.01 Definitions and application 333 71.02 Attachable debts 333 71.03 Bank account 333 71.04 Garnishee 334 71.05 Dispute of liability by garnishee 335 71.06 Claim by another person 335 71.07 Discharge of garnishee 336 Order 72—Attachment of earnings 337 72.01 Definitions 337 72.02 Application for attachment of earnings order 339 72.03 Attachment of earnings order 339 72.04 Examination of judgment debtor 340 72.05 Contents of order 342 72.06 Service of order 344 72.07 Employer to make payments 344 72.08 Attachment of earnings in place of other orders 345 72.09 Execution after attachment of earnings 345 72.10 Discharge or variation of order 345 72.11 Cessation of attachment of earnings order 346 72.12 Two or more attachment of earnings orders in force 346 72.13 When varied order taken to be made 347 72.14 Notice to judgment debtor of payments 347 72.15 Determination of earnings 348 72.16 Service 348 Order 73—Charging orders and stop orders and notices 349 Order 74—Enforcement by appointment of receiver 350 Order 75—Contempt 351 Order 76—Sequestration 352 Order 77—Authority of masters 353 Order 78—Proceedings under judgment 354 Order 79—Funds in court 355 Order 80—Service of foreign process 356 Order 81—Obtaining evidence for external tribunal 357 Order 82—Procedure under the Open Courts Act 2013 358 82.01 Definition 358 82.02 Notice of application for suppression order 358 82.03 Notice of application to review suppression order 358 Form 4A—Overarching obligations certification 359 Form 4AB—Certification of prior overarching obligations certification 360 Form 4B—Proper basis certification 361 Form 5A—Complaint 362 Form 6A—Affidavit/declaration of service 365 Form 7A—Service out of Australia—Notice to defendant served out of Australia 367 Form 7AA—Subpoena to give evidence (New Zealand) 368 Form 7AB—Subpoena to produce documents (New Zealand) 374 Form 7AC—Subpoena to give evidence and produce documents (New Zealand) 382 Form 7AD—Certificate of non-compliance with subpoena (New Zealand) 391 Form 8A—Notice of defence 393 Form 10A—Counterclaim 396 Form 10B—Counterclaim 398 Form 11A—Third party notice 400 Form 11B—Notice claiming contribution 404 Form 12A—Stakeholder's interpleader summons 405 Form 12B—Notice of claim to goods taken in execution 406 Form 12C—Sheriff's interpleader summons 407 Form 15A—Order approving compromise of claim of person under a disability 408 Form 19A—Notice of a constitutional matter 410 Form 21A—Application for order in default of defence 411 Form 21B—Application for an order for costs 412 Form 22A—Summons for application for summary judgment by plaintiff 413 Form 22B—Summons for application for summary judgment by defendant 414 Form 29A—Notice for discovery 416 Form 29B—Affidavit of documents 417 Form 29C—Notice to produce 419 Form 29D—Notice of default in making discovery of documents 420 Form 30A—Notice of default in answering interrogatories 421 Form 35A—Notice to admit 422 Form 35B—Notice of dispute 423 Form 37AA—Freezing order 424 Form 37BA—Search order 432 Form 41AA—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 445 Form 42A—Subpoena to attend to give evidence 447 Form 42B—Subpoena to produce 449 Form 42C—Subpoena both to attend to give evidence and to produce 454 Form 42AA—Subpoena for production to registrar 459 Form 43A—Certificate identifying exhibit or exhibits 465 Form 44A—Expert witness code of conduct 466 Form 44AA—Court interpreters' code of conduct 469 Form 46A—Summons 472 Form 46B—Application for re-hearing 473 Form 50A—Mediation report 474 Form 61A—Application 476 Form 61B—Statement of affairs by an individual 479 Form 61C—Statement of affairs by an officer of a corporation 484 Form 61D—Notice of objection 487 Form 61E—Instalment agreement 488 Form 61F—Summons for examination 490 Form 61G—Application for issue of summons 492 Form 61H—Warrant of apprehension 493 Form 61I—Notice 494 Form 61J—Notice 495 Form 61K—Notice 496 Form 61L—Warrant of commitment 497 Form 61M—Certificate of discharge 498 Form 67A—Summons to attend for oral examination 499 Form 67B—Examination of a judgment debtor 501 Form 67C—Examination of an officer of a judgment debtor which is a corporation 508 Form 67D—Summons to attend to give evidence or produce documents 513 Form 68A—Warrant to seize property 514 Form 68B—Warrant of delivery 516 Form 69A—Notice to person responsible for safe-keeping of property seized under a warrant to seize property 518 Form 71A—Garnishee order 519 Form 71B—Garnishee order 520 Form 72A—Attachment of earnings summons 521 Form 72B—Affidavit in support of application for attachment of earnings order 522 Form 72C—Judgment debtor's statement of financial position 523 Form 72D—Order that judgment debtor attend for examination 527 Form 72E—Order that person indebted or employer of judgment debtor give statement 528 Form 72F—Attachment of earnings order 529 Form 82A—Application for suppression order 532 Form 82B—Application to review a suppression order 533 Appendix A—Scale of costs 534 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 548 Appendix C—Civil Registry Courts—Filing of complaints in proceedings to which the Trans‑Tasman Proceedings Act 2010 of the Commonwealth applies 549 Schedule—Revoked Statutory Rules 550 ═════════════ Endnotes 553 1 General information 553 2 Table of Amendments 555 3 Explanatory details 557 **Version No.** **011** **Magistrates' Court General Civil Procedure Rules 2020** **S.R. No. 112/2020** Version incorporating amendments as at The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: Order 1—Preliminary Part 1—Object, authorising provisions, commencement and revocation 1.01 Title and object (1) These Rules constitute Chapter I of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court General Civil Procedure Rules 2020. (2) The object of these Rules is to remake with amendments the rules of procedure in civil proceedings in the Magistrates' Court of Victoria. 1.02 Authorising provisions These Rules are made under section 16 of the **Magistrates' Court Act 1989** and all other enabling powers. 1.03 Commencement and revocation (1) These Rules come into operation on 25 October 2020. (2) The Rules set out in the Schedule are **revoked**. Part 2—Application of Rules 1.04 Definitions In this Part— ***commencement date*** means 25 October 2020; ***former Rules*** means the Magistrates' Court Civil Procedure Rules 2010; ***pending proceeding*** means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied. 1.05 Application (1) Subject to this Part and to any transitional or other provision in these Rules to the contrary, these Rules apply to every civil proceeding commenced in the Court, whether before, on or after the commencement date. (2) These Rules do not apply to a civil proceeding to which the following Rules of the Magistrates' Court apply except as those Rules provide— (a) the Magistrates' Court (Family Violence Protection) Rules 2018[[1]](#endnote-1); (b) the Magistrates' Court (Occupational Health and Safety) Rules 2015[[2]](#endnote-2); (c) the Magistrates' Court (Outworkers) Rules 2016[[3]](#endnote-3); (d) the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[[4]](#endnote-4); (e) the Magistrates' Court Authentication Rules 2011[[5]](#endnote-5). (3) The revocation of the former Rules does not affect anything done or omitted to be done in a pending proceeding and, except as provided in these Rules, anything so done or omitted to be done is taken to have been done or omitted to be done under these Rules. 1.06 Jurisdiction not affected Nothing in these Rules limits the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules. 1.06.1 Overriding objective The overriding objective of these Rules is to enable the Court to deal with a case justly and in accordance with the requirements of the **Civil Procedure Act 2010**. **1.07–1.12 * * * * *** Part 3—Interpretation 1.13 Definitions In these Rules— ***Australia*** has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth; Rule 1.13 def. of *authorised user* revoked by S.R. No. 102/2022 rule 4(b). ***bank*** means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; ***bodily injury*** includes any impairment of mental condition or disease; Rule 1.13 def. of *CMS* inserted by S.R. No. 102/2022 rule 4(a). ***CMS*** means the computer system in operation in the Court from time to time which, among other things— (a) deals with process; and (b) issues documents; and (c) stores and retrieves documents and information; **Example** Process and court orders. ***corporation*** means any body corporate, whether formed within or out of Victoria; ***discovery*** includes discovery and inspection of documents and discovery by written interrogatories or oral examination and ***make discovery of documents*** means an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery; Rule 1.13 def. of *electronic communic-ation* inserted by S.R. No. 102/2022 rule 4(a). ***electronic communication*** has the same meaning as in the **Electronic Transactions (Victoria) Act 2000**; Rule 1.13 def. of *electronic message* revoked by S.R. No. 102/2022 rule 4(b). Rule 1.13 def. of *file electronically* inserted by S.R. No. 102/2022 rule 4(a). ***file electronically*** means any of the following— (a) lodging data or a document into CMS in accordance with the requirements of CMS; (b) sending a document by electronic communication for— (i) lodging into CMS in accordance with the requirements of CMS; or (ii) storing in another computer storage and retrieval system in operation in the Court from time to time; ***incorporated association*** has the same meaning as in section 3 of the **Associations Incorporation Reform Act 2012**; ***judgment creditor*** means a person entitled to enforce an order for the payment of money other than an order for the payment of money into court; ***judgment debtor*** means a person required by an order to pay money otherwise than into court; ***office of the Court*** means, in relation to a proper venue of the Court, the designated place at that venue of the Court at which documents may be filed; ***order*** ***made*** means an order made by the Court at the hearing of a proceeding or on the hearing of an application in a proceeding; ***person named*** means a person to whom a subpoena or a sealed copy is addressed; ***personal representative*** has the same meaning as in section 5(1) of the **Administration and Probate Act 1958**; ***plaintiff*** includes a claimant under section 44(1) of the **Workers Compensation Act 1958**; ***proceeding*** means any matter in the Court commenced by complaint or as otherwise provided by or under any Act or these Rules; ***public officer*** has the same meaning as in section 3 of the **Associations Incorporation Reform Act 2012**; ***registrar*** means the principal registrar or the registrar or deputy registrar of the Court at the proper venue of the Court in relation to a proceeding; ***secretary*** has the same meaning as in section 3 of the **Associations Incorporation Reform Act 2012**; ***sheriff*** includes— (a) the sheriff employed under section 6 of the **Sheriff Act 2009**; and (b) any person to whom a warrant referred to in these Rules is directed; ***the Act*** means the **Magistrates' Court Act 1989**. 1.13.1 References to Australian lawyer In these Rules, a reference to an Australian lawyer includes a reference to a firm of Australian lawyers. Part 4—Miscellaneous 1.14 Exercise of power The Court may exercise any power under these Rules— (a) of its own motion; or (b) on the application of a party or of any person who has a sufficient interest. 1.15 Procedure wanting or in doubt (1) If the manner or form of the procedure— (a) for commencing, or for taking any step, in a proceeding; or (b) by which the jurisdiction, power or authority of the Court is exercisable— is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court must determine what procedure is to be adopted and may give directions. (2) An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient. (3) An application for directions with respect to the commencement of a proceeding must be made by complaint in which no person is named as defendant and an application for directions with respect to a proceeding already commenced must be made by application in the proceeding. 1.16 Act by corporation If the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer. 1.17 Corporation a party (1) Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, must not take any step in a proceeding save by an Australian lawyer. (2) Paragraph (1) does not apply to the following— (a) the filing of a complaint; (b) the giving of a notice of defence; (c) in a case to which Part 1 of Order 21 applies, obtaining an order by a corporation which is a party or by an employee, authorised in writing, of a corporation which is a party; (d) a request to issue a warrant to seize property. (3) If a corporation that is a party to a proceeding in the Court changes its name it must— (a) file written notice of the change of name in the office of the Court at the proper venue of the Court; and (b) serve a copy of that notice on all other parties to the proceeding. (4) The notice must— (a) bear the title of the proceeding showing the name of the corporation before the change; and (b) specify the new name of the corporation and the date on which the name was changed. (5) After a corporation has filed a notice of change of name, the corporation must be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [*old name*])". 1.18 Power to act by Australian lawyer Unless the context or subject matter otherwise requires, any act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's Australian lawyer. 1.19 Continuation of address for service Subject to these Rules, if in relation to a proceeding a party has an address for service under these Rules, that is the address for service of the party until the conclusion of the proceeding, whether at first instance or on appeal. 1.20 Proceedings other than in open court Unless the Court otherwise orders, the following proceedings need not be conducted in open court— (a) an application to extend the validity of a complaint, summons or subpoena under Rule 5.12(2); (b) an application for substituted service under Rule 6.10; (c) an application for an order in default of defence or compliance under Part 1 or Part 2 of Order 21; (d) an application for an order upon default of compliance of the provisions of the compromise of a proceeding; (e) a pre-hearing conference conducted by a magistrate, judicial registrar or registrar; (f) a mediation conducted by an acceptable mediator; (g) an application for an order (subsequent to a party failing to attend a mediation) under Rule 50.06; (h) an application to extend the validity of a warrant under Rule 68.05(2); (i) an examination of a judgment debtor conducted by a registrar under Rule 72.04; (j) an attachment of earnings order under Rule 72.03 or an examination of the judgment debtor or another person under Rule 72.04; (k) an application for a garnishee order under Rule 71.02; (l) an application to approve a compromise and for any other orders under Rule 15.08; (m) a case transfer application and an application to review a case transfer decision under the **Courts (Case Transfer) Act 1991**; (n) an application for leave to defend under section 5 of the **Instruments Act 1958**; (o) an application under section 6 of the **Judgment Debt Recovery Act 1984**; (p) an application for the issue of a warrant to arrest under section 134(6) of the Act; (q) an application for the issue of an entry permit under section 83 of the **Occupational Health and Safety Act 2004**; (r) any application, notice of which is not required to be given by or under any Act or these Rules to another person, whether or not a party. Order 2—Noncompliance with the Rules 2.01 Effect of noncompliance (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document or order in the proceeding a nullity. (2) Subject to Rules 2.02 and 2.03, if there has been a failure to comply with these Rules, the Court may— (a) set aside the proceeding, either wholly or in part; (b) set aside any step taken in the proceeding, or any document or order therein; (c) exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally. 2.02 Commencement of proceeding or complaint The Court must not wholly set aside any proceeding or the complaint by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process. 2.03 Application to set aside for irregularity The Court must not set aside any proceeding or any step in any proceeding or any document or order in any proceeding on the ground of a failure to comply with these Rules on the application of any party unless the application is made— (a) within a reasonable time after the applicant becomes aware of the failure; and (b) before the applicant has taken any fresh step (save for filing a notice of defence) after becoming aware of the failure. 2.04 Dispensing with compliance The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises. Order 3—Time, sittings, court office and documents 3.01 Calculating time (1) Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule. (2) If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event must be excluded. (3) If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event must be included. (4) If a period of 5 days or less would include a day on which an office of the Court is closed, that day must be excluded. (5) If the last day for doing any act at an office of the Court is a day on which the office is closed, the act may be done on the next day the office is open. 3.02 Extension and abridgement (1) The Court may extend or abridge any time fixed by these Rules or by any order fixing, extending or abridging time. (2) The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires. (3) Unless the Court otherwise orders, any time fixed by these Rules or by any order fixing, extending or abridging time may be extended by consent without an order of the Court. 3.03 Fixing time If no time is fixed by these Rules or by order for doing any act in a proceeding, the Court may fix a time. 3.04 Process in vacation (1) In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 9 January next following must be excluded, unless the Court otherwise orders. (2) If the Court makes an order under paragraph (1), it may give any direction as to service as it thinks fit. 3.05 Time for service (1) In this Rule, ***document*** does not include a complaint. (2) In calculating the time fixed by these Rules or by any order fixing, extending or abridging time any document which is served after 4.00 p.m. or on any day an office of the Court is closed must be taken to have been served on the next day the office is open. 3.06 Proceedings after a year If a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue must give to every other party not less than one month's notice in writing of that party's desire. **3.07 * * * * *** 3.08 Office The office of the Court is open on every day of the year except— (a) a Saturday or a Sunday; and (c) a public holiday within the meaning of the **Public Holidays Act 1993** in the place in which that venue of the court is located; and (d) a day directed or appointed by the Chief Magistrate in accordance with section 5 of the Act as a day on which that venue of the Court is closed. 3.09 Office hours The hours of the office of the Court are from 10:00 a.m. to 4:00 p.m. Order 4—Process in the Court Part 1—General 4.01 Claim not to be divided (1) A plaintiff must not divide a claim or cause of action for the purpose of making 2 or more complaints. (2) A plaintiff who has a claim for more than the amount for which a claim may be made in the Court may abandon the excess by so stating in the statement of claim. **4.02 * * * * *** 4.03 Names, addresses and representation of parties A complaint must— (a) state the full name and address of the plaintiff and an address for service of documents on the plaintiff; and (b) if the plaintiff sues in person, state an address for service of documents on the plaintiff within Victoria in accordance with Rule 6.06; and (c) if the plaintiff sues or the defendant is sued in a representative capacity, state the capacity in which the plaintiff sues or the defendant is sued in a representative capacity; and (d) state the name and address of the defendant; and (e) if the plaintiff sues by an Australian lawyer, state the name or firm and business address of the Australian lawyer and also, if the Australian lawyer is the agent of another, the name or firm and business address of the principal. 4.04 Commencement of proceedings (1) Subject to paragraphs (1A) and (1B), a civil proceeding must be commenced by the filing of a complaint at the proper venue of the Court. (1A) A proceeding under the **Workers Compensation Act 1958**, the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** must be commenced by the filing of a complaint at the venue of the Court specified in Appendix B. (1B) A proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies must be commenced by the filing of a complaint at a venue of the Court specified in Appendix C that is nearest to— (a) the place where the subject matter of the complaint arose; or (b) the place of residence of the defendant. (2) Filing may be effected by— (a) filing at the office of the Court at that venue; or Rule 4.04(2)(b) substituted by S.R. No. 102/2022 rule 5(1). Rule 4.04(3) inserted by S.R. No. 102/2022 rule 5(2). (3) A complaint filed electronically may be processed by CMS. **4.05–4.07 * * * * *** 4.08 Urgent cases In an urgent case, on the application of a person who intends to commence a proceeding and upon the person's undertaking to commence the proceeding within such time as the Court directs, the Court may make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding. Rules 4.08.1−4.08.3 revoked by S.R. No. 102/2022 rule 6. 4.08.4 Other miscellaneous matters (1) A complaint is valid for all purposes if it bears the allocated Court number and the date of filing. Rule 4.08.4(2)(3) revoked by S.R. No. 102/2022 rule 7. Part 2—Certification requirements for proceedings 4.09 Overarching obligations certification For the purposes of section 41(2) of the **Civil Procedure Act 2010** the overarching obligations certification must be in Form 4A. 4.09.1 Certification of prior overarching obligations certification (1) For the purposes of section 41(5)(a)(i) of the **Civil Procedure Act 2010**, the specified period is the period of 2 years prior to the date of the certification under section 41(5)(b) of that Act. (2) For the purposes of section 41(5)(b) of the **Civil Procedure Act 2010**, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act must be in Form 4AB. 4.10 Proper basis certification (1) For the purposes of section 42(1C) of the **Civil Procedure Act 2010**, processes in the Court for the registration or enforcement of orders are exempt from the proper basis certification requirements under the **Civil Procedure Act 2010**. (2) For the purposes of section 42(2) of the **Civil Procedure Act 2010**, the proper basis certification must be in Form 4B. 4.10.1 Filing of certificates Filing of a certificate under Rule 4.09 or 4.10 may be effected by— (a) filing at the office of the Court at the proper venue of the Court; or Rule 4.10.1(b) substituted by S.R. No. 102/2022 rule 8. Rule 4.10.2 revoked by S.R. No. 102/2022 rule 9. Order 5—Form of complaint **5.01 * * * * *** 5.02 Form of complaint (1) Unless paragraph (2) applies, a complaint must be in Form 5A. (2) If a complaint is to be served out of Australia, the complaint must be in the form required by Rule 7.02(1). (3) A complaint must contain a statement of claim in accordance with Rule 13.01. **5.03–5.04 * * * * *** 5.05 Motor vehicle accident (1) This Rule applies if the plaintiff's claim arises out of a motor vehicle accident and the claim includes a claim for the cost of repairs to the vehicle or for the total loss of the vehicle. (2) If the claim includes a claim for the cost of repairs, an itemised quotation of the cost of repairs must be attached to the complaint. (3) If the claim includes a claim for the total loss of the vehicle, an assessment of the loss must be attached to the complaint. **5.06 * * * * *** 5.07 Address of parties (1) A complaint must include— (a) the address of the plaintiff, and, where the plaintiff's address is outside Victoria, also an address for service in accordance with Rule 6.06; (b) the address of any defendant; (c) if the plaintiff is represented by an Australian lawyer, the name or firm and the business address of the Australian lawyer and also, if the Australian lawyer is agent of another, the name or firm and the business address of the principal; and (d) an email address for service on the plaintiff. Rule 5.07(1.1) amended by S.R. No. 102/2022 rule 10. (1.1) The Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (d).". **5.08 * * * * *** 5.09 Costs to be specified (1) If the plaintiff claims a sum of money only, the complaint must be indorsed with a statement as follows— "If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's Australian lawyer without giving notice of defence and the plaintiff accepts the amounts paid as full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance.". (2) If a complaint is indorsed in accordance with paragraph (1), and— (a) the defendant pays the amounts claimed within the time limited for giving notice of defence; and (b) the plaintiff accepts the amounts paid as full satisfaction of the claim (including any interest and costs)— the proceeding ends on that acceptance. (3) The amount of costs in an indorsement referred to in paragraph (1) must be— (a) in the case of a claim for debt, liquidated demand or claim arising from a motor vehicle accident for cost of repairs only or for total loss of vehicle only— (i) the amount of scale costs in item 1 in Appendix A applicable to the amount claimed; and (ii) if any certificate is filed or required to be filed under the **Civil Procedure Act 2010**, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and (iii) the fees (if any) for the filing and service of the complaint; or (b) in any other case— (i) the amount of scale costs in item 3 in Table 1 to Appendix A applicable to the amount claimed; and (ii) if any certificate is filed or required to be filed under the **Civil Procedure Act 2010**, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and (iii) the fees (if any) for the filing and service of the complaint. (4) A registrar, upon application made before service of any complaint, may fix an amount in respect of additional disbursements reasonably and necessarily incurred which amount must be included in the indorsement on the complaint. **5.10–5.11 * * * * *** 5.12 Duration (1) A complaint, summons or subpoena is valid for service for one year after the day it is filed. (2) If a complaint or summons has not been served on a defendant or if a subpoena has not been served on a witness, the Court may from time to time extend the validity of the complaint, summons or subpoena for such period from the day of the order as the Court directs, not being more than one year from that day. (3) An order may be made under paragraph (2) before or after expiry. (4) The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard, the Court must— (a) adjourn the further hearing; and (b) direct the plaintiff to give notice to the defendant by summons or otherwise. (5) If an order is made under paragraph (2), the registrar must stamp any complaint, summons or subpoena for service with the date of the order and the extended date of validity. Order 6—Service 6.01 When personal service necessary Any document required or permitted to be served in a proceeding may be served personally, but unless personal service is required by these Rules or by order, need not be served personally. 6.02 Complaint to be served personally Except where otherwise provided by these Rules, a complaint must be served personally on each defendant, together with 2 notices of defence. 6.03 How personal service effected (1) Personal service of a document is effected— (a) by leaving a copy of the document with the person to be served or, if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or (b) by delivering a copy of the document to the place of residence of the person to be served to a person apparently above the age of 16 years who resides at that place but when the place of residence is a hotel, boarding house or similar establishment, to some person apparently above that age who is apparently in charge of the establishment or engaged in the office of the establishment; or (c) if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business; or (d) by sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business. (2) To effect personal service it is not necessary to produce the original document at the time of service. 6.04 Personal service on particular parties Personal service of a document may be effected by serving the document in accordance with Rule 6.03, in the case of— (a) a corporation— (i) on the mayor, chairman, president or other head officer of the corporation; or (ii) on the chief executive officer, clerk, treasurer, manager, secretary or other similar officer of the corporation; or (iii) by serving the document in accordance with any provision of an Act or legislation of the Commonwealth, another State or a Territory that provides for the service of that corporation; **Examples** Section 109X of the Corporations Act and section 9 of the Service and Execution of Process Act 1992 of the Commonwealth. (b) a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom the minor resides or in whose care the minor is; (c) a person under disability as defined in Rule 15.01, on— (i) the person who, in accordance with Rule 15.03(2), would be entitled to be litigation guardian in any proceeding to which that person under disability was party; or (ii) if there is no such person, the person with whom the person under disability resides or in whose care that person is; (d) the Crown in right of the Commonwealth or the Commonwealth, on the Attorney-General of the Commonwealth or on a person appointed by the Attorney-General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth; (e) the Crown in right of Victoria or the State of Victoria, on the Victorian Government Solicitor; (f) an incorporated association, on the secretary or public officer of that incorporated association; (g) the estate of a deceased person, on the personal representative of the deceased person. 6.05 Claims for personal injury (1) In any proceeding in which the plaintiff claims damages in respect of personal injury caused by or arising out of the use of a motor car, a complaint must not be taken to have been served on the defendant unless a copy of the complaint is served on the defendant in accordance with these Rules and also on the Transport Accident Commission. (2) If in a proceeding to which paragraph (1) applies a copy of the complaint has been duly served on the defendant but not on the Transport Accident Commission the Court may, notwithstanding paragraph (1), order that the complaint be taken to have been served on the defendant. (3) Service on the Transport Accident Commission for the purposes of this Rule may be by ordinary service in accordance with Rule 6.07. 6.06 Address for service (1) The address for service of a plaintiff is— (a) if the plaintiff sues by an Australian lawyer, the business address of that Australian lawyer indorsed on the complaint or, if the Australian lawyer acts by an agent, the business address of the agent; (b) if the plaintiff sues in person, the plaintiff's address indorsed on the complaint. (2) The address for service of a defendant is as provided in Rule 8.03. 6.06.1 Australian lawyer changing address (1) If the business address of an Australian lawyer or of the agent of an Australian lawyer given in accordance with Rule 6.06 or 8.03 is changed, the Australian lawyer must immediately file notice of the change and serve a copy of the notice on every party. (2) Upon the filing and service of notice in accordance with paragraph (1), the address for service of the party for whom the Australian lawyer acts is the new business address of the Australian lawyer or, if the business address of the agent of the Australian lawyer is changed, the new business address of the agent, stated in the notice. (3) If an Australian lawyer required under paragraph (1) to file and serve notice does not do so, a document not required to be served personally on the party for whom the Australian lawyer acts may, until notice is filed and served, be served on the party either at— (a) the address given in accordance with Rule 6.06; or (b) the new business address of the Australian lawyer or of the agent, as the case may be. 6.06.2 Email address for service (1) Subject to Rule 5.07(1.1), an email address for service indorsed on a complaint is the email address for service of the plaintiff. (2) The email address for service of a defendant is the address provided in accordance with Rule 8.03. 6.06.3 Party changing email address for service (1) If a party's email address for service is changed, the party must file notice of the change and serve a copy of the notice on every other party. (2) Upon the filing and service of a notice in accordance with paragraph (1), the email address for service of the party is the new email address stated in the notice. 6.07 How ordinary service effected (1) If personal service of a document is not required, the document may be served— (a) by leaving the document at the address for service of the person to be served; or (b) by posting the document to the person to be served at that person's address for service; or (c) if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision; or (d) if the Australian lawyer for a party has facilities for the reception of documents in a document exchange, by delivering the document into those facilities; or (e) if the Australian lawyer for a party has a facility for the reception of documents by facsimile transmission, by transmitting the document to that facility; or (f) by emailing the document to the person's email address. **The Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act. (2) For the purpose of paragraph (1), the proper address of a person is the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address is— (a) in the case of an individual, the individual's usual or last known place of residence or of business; (b) in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm; (c) in the case of a corporation, the registered or principal office of the corporation. (3) If no person can be found at the address for service of a plaintiff who sues or a defendant who has appeared in person, any document in the proceeding may be served on that plaintiff or defendant by filing it. (3.1) A party who serves a document by filing in accordance with paragraph (3) must indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service. (4) Service in accordance with paragraph (1)(a) or (1)(e) which is effected after 4.00 p.m. is, for the purpose of calculating any period of time after that service, to be taken to have been effected on the next day the registrar's office is open. (5) The day of service of a document must, if the document— (a) is sent by post in accordance with paragraph (1)(b)—be taken to be the day it would be delivered in the normal course of post; (b) is delivered into the facilities of a document exchange in accordance with paragraph (1)(d)—be taken to be the day following the day upon which it is so delivered or, where a document is delivered on a Friday, be taken to be the following Monday— or on such other day as may be proved. (6) In this Rule, ***document exchange*** means any document exchange for the time being approved by the Chief Justice on the recommendation of the Council of the Law Institute of Victoria. 6.08 Identity of person served For the purposes of proof of service, evidence of a statement by a person of that person's identity or that the person holds some office is evidence of that person's identity or that the person holds that office. 6.09 Acceptance of service by Australian lawyer (1) This Rule applies to service of a document whether or not required to be served personally. (2) If an Australian lawyer makes a note on a copy of a document that service of the document is accepted on behalf of a person, the document must be taken to have been served on the person on the day the Australian lawyer made the note, unless the Australian lawyer is shown not to have had authority to accept service. (3) Paragraph (2) does not limit other service of the document on the person or proof of such service. 6.10 Substituted service (1) If for any reason it is impracticable to serve a document in the manner required by these Rules, the Court may order that, instead of service, such steps be taken as the Court specifies for the purpose of bringing the document to the notice of the person to be served. (2) If the Court makes an order under paragraph (1), the Court may order that the document be taken to have been served— (a) on the happening of any specified event; or (b) on the expiry of any specified time. (3) The Court may make an order under paragraph (1) even though the person to be served— (a) is out of Victoria; or (b) was out of Victoria when the proceeding commenced. 6.11 Confirmation of informal service If for any reason a document has not been served in the manner required by these Rules, but the document has come to the notice of the person to be served, the document must be taken to have been served on the day it came to the person's notice. 6.12 Service by filing (1) If the service of a document on a party to a proceeding is required or permitted, but personal service is not required, and that party has no address for service in the proceeding, the filing of the document must, unless the Court otherwise orders, have effect as service of the document on that person. (2) A party who serves a document by filing in accordance with paragraph (1) must indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service. 6.13 Service on agent (1) If a contract has been entered into within Victoria by or through an agent residing or carrying on business within Victoria on behalf of a principal residing or carrying on business out of Victoria, a complaint in a proceeding relating to or arising out of such contract may, by leave of the Court given before the determination of the agent's authority or of the agent's business relations with the principal, be served on the agent. (2) If an order giving leave is made under paragraph (1)— (a) the order must limit the time within which the defendant must file a defence; and (b) a copy of the order and of the complaint must immediately be sent by post to the defendant at the defendant's address out of Victoria. 6.14 Service under contract If the parties to any proceeding have, before or after the commencement of the proceeding, agreed that the complaint or any other document in the proceeding may be served on a party or on a person on behalf of a party in a manner or at a place (whether within or outside Victoria) specified in the agreement, service in accordance with the agreement is sufficient service. **6.15 * * * * *** 6.16 Service of notice by the Court Unless the Rules otherwise provide or the Court otherwise orders, if under these Rules or under an order of the Court any notice or other document is to be given to or served on any person by the Court, the notice or document must be sufficiently given or served in any manner in which a document not requiring personal service may be served under this Order. 6.17 Affidavit or declaration of service (1) An affidavit or declaration of service must state— (a) what document was served; and (b) who served the document; and (c) the hour of the day, day of the week and date on which the document was served; and (d) the place the document was served; and (e) how the document was served on the person served; and (f) in the case of personal service, how the person served was identified; and (g) all relevant facts that support paragraphs (a) to (f). (1A) An affidavit or declaration of service must be in Form 6A. (2) A document purporting to be an affidavit or declaration of service must be taken to be evidence of the proper service of a document unless the contrary is proved. (3) An affidavit of service must be filed as soon as practicable after service of an application or summons. Order 7—Service out of Australia 7.01.1 Definition ***originating process*** means a complaint, counterclaim, notice or any other process in which a claim is made. 7.01 Order does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings This Order (which contains rules on service out of Australia) does not apply to service in New Zealand of an originating process for, or of any other document to be served in or for, a proceeding an originating process for which may be served in New Zealand under Division 2 of Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth. 7.02 When allowed without leave An originating process may be served out of Australia without leave in the following cases— (a) when the claim is founded on a tortious act or omission— (i) which was done or which occurred wholly or partly in Victoria; or (ii) in respect of which the damage was sustained wholly or partly in Victoria; (b) when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which— (i) was made or entered into in Victoria; or (ii) was made by or through an agent trading or residing within Victoria; or (iii) was to be wholly or in part performed in Victoria; or (iv) was by its terms or by implication to be governed by Victorian law or to be enforceable or cognizable in a Victorian court; (c) when the claim is in respect of a breach in Victoria of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach out of Victoria that rendered impossible the performance of that part of the contract that ought to have been performed in Victoria; (d) when the claim— (i) is for an injunction to compel or restrain the performance of any act in Victoria; or (ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Victoria, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Victoria; or (iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Order 37A in respect of any matter or thing in or connected with Victoria; (e) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Victorian law; (f) when any person out of Australia is— (i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Victoria or outside Victoria) under any other provision of these Rules; or (ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court; (g) when the claim arises under an Victorian enactment and— (i) any act or omission to which the claim relates was done or occurred in Victoria; or (ii) any loss or damage to which the claim relates was sustained in Victoria; or (iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or (iv) the enactment expressly or by implication confers jurisdiction on the Court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); (h) when the person to be served has submitted to the jurisdiction of the Court; (i) when a claim is made for restitution or for the remedy of constructive trust and the person to be alleged liability of the person to be served arises out of an act or omission that was done or occurred wholly or partly in Victoria; (j) when it is sought to recognise or enforce any judgment; (k) when the claim is founded on a cause of action arising in Victoria; (l) when the claim affects the person to be served in respect of the person's membership of a corporation incorporated in Victoria, or of a partnership or an association formed or carrying on any part of its affairs in Victoria; (m) when the claim— (i) relates to an arbitration held in Victoria or governed by Victorian law; or (ii) is to enforce in Victoria an arbitral award wherever made; or (iii) is for orders necessary or convenient for carrying into effect in Victoria the whole or any part of an arbitral award wherever made; (n) when the claim, so far as concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs. If a proceeding is commenced in the Court and originating process is served out of Australia under this Rule but the Court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the **Jurisdiction of Courts (Cross-vesting) Act 1987** may enable the proceeding to be transferred to the Supreme Court to make an order transferring the proceeding to the Supreme Court or to the Supreme Court of that other Australian jurisdiction. 7.03 When allowed with leave (1) In any proceeding when service is not allowed under Rule 7.02, an originating process may be served out of Australia with the leave of the Court. (2) An application for leave under this Rule must be made on notice to every party other than the person intended to be served. (3) A sealed copy of every order made under this Rule must be served with the document to which it relates. (4) An application for leave under this Rule must be supported by an affidavit stating any facts or matters related to the desirability of the Court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen. (5) The Court may grant an application for leave if satisfied that— (a) the claim has a real and substantial connection with Victoria; and (b) Victoria is an appropriate forum for the hearing of the proceeding; and (c) in all the circumstances the Court should assume jurisdiction. 7.04 Court's discretion whether to assume jurisdiction (1) On application by a person on whom an originating process has been served out of Australia, the Court may by order set aside the originating process or its service on the person or dismiss or stay the proceeding. (2) Without limiting paragraph (1), the Court may make an order under this Rule if satisfied— (a) that service out of Australia of the originating process is not authorised by these Rules; or (b) that the Court is an inappropriate forum for the hearing of the proceeding; or (c) that the claim has insufficient prospects of success to warrant putting the person served out of Australia to the time, expense and trouble of defending the claim. 7.05 Notice to person served out of Australia If a person is to be served out of Australia with an originating process, the person must also be served with a notice in Form 7A informing the person of— (a) the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia; and (b) the grounds alleged by the plaintiff to found jurisdiction; and (c) the person's right to apply for an order setting aside the originating process or its service on the person or dismissing or staying the proceeding. 7.06 Time for filing a notice of defence Except when the Court otherwise orders, a defendant who has been served out of Australia must give notice of defence within 42 days from the date of service. 7.07 Leave to proceed where no notice of defence by person (1) If an originating process is served on a person out of Australia and the person does not give notice of defence, the party serving the document may not proceed against the person served except by leave of the Court. (2) An application for leave under paragraph (1) may be made without serving notice of the application on the person served with the originating process. 7.08 Service of other documents out of Australia Any document other than an originating process may be served out of Australia with the leave of the Court, which may be given with any directions that the Court thinks fit. 7.09 Mode of service A document to be served out of Australia need not be personally served on a person so long as it is served on the person in accordance with the law of the country in which service is effected. **Part 2—* * *** **7.09.1–7.15 * * * * *** Order 7A—Trans-Tasman proceedings 7A.01 Definitions ***Trans-Tasman Proceedings Act*** means the Trans‑Tasman Proceedings Act 2010 of the Commonwealth. (2) An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act. The following expressions used in this Order are defined in section 4 of the Trans-Tasman Proceedings Act— • audio link • audiovisual link • Australian court • document • enforcement • entitled person • given • inferior Australian court • liable person • NZ judgment • party • person named • procedural rules • proceeding • subpoena. 7A.02 Application of Order This Order applies in relation to any proceeding or matter under the Trans‑Tasman Proceedings Act. 7A.03 Commencement of proceeding for order under Trans-Tasman Proceedings Act Except as otherwise provided by or under the Trans-Tasman Proceedings Act or by this Order, a proceeding for an order under the Trans-Tasman Proceedings Act is commenced by filing a complaint in— (a) the manner required by Order 4; and (b) the form required by Order 5. 7A.04 Interlocutory application under Trans‑Tasman Proceedings Act An interlocutory application of which notice is to be given to any person in a proceeding for an order under the Trans‑Tasman Proceedings Act must be made by summons. 7A.05 Application for interim relief (1) An application for an order for interim relief under section 25 of the Trans-Tasman Proceedings Act must be made by filing a summons. (2) The summons must be supported by an affidavit stating— (a) if the applicant has commenced a proceeding in a New Zealand court— (i) that the person has commenced a proceeding in a New Zealand court; and (ii) the relief sought in the New Zealand proceeding; and (iii) the steps taken in the New Zealand proceeding; (b) if the applicant intends to commence a proceeding in the New Zealand court— (i) when the intended proceeding will be commenced; and (ii) the court in which the intended proceeding is to be commenced; and (iii) the relief to be sought in the intended proceeding; (c) the interim relief sought; (d) why the interim relief should be given. 7A.06 Application for leave to serve subpoena in New Zealand (1) An application under section 31(1) of the Trans‑Tasman Proceedings Act for leave to serve a subpoena in New Zealand may be made— (a) orally to the Court; and (2) The application must be supported by an affidavit— (a) stating briefly, but specifically, the following— (i) the name, occupation and address of the addressee; (ii) whether the addressee has attained the age of 18 years; (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee; (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee; (v) the date by which it is intended to serve the subpoena in New Zealand; (vi) details of the amounts to be given to the addressee to meet the addressee's reasonable expenses of complying with the subpoena; (vii) details of the way in which the amounts referred to in subparagraph (vi) are to be given to the addressee; (viii) if the subpoena requires a specified person to give evidence, an estimate of the time that the addressee will be required to attend to give evidence; (ix) any facts or matters known to the applicant that may be grounds for an application by the addressee to have the subpoena set aside, under section 36(2) or (3) of the Trans-Tasman Proceedings Act; and (b) exhibiting a copy of the subpoena in relation to which leave is sought. Pursuant to section 37(4) of the Trans-Tasman Proceedings Act, the Court may make orders to ensure that the person complying with the subpoena receives the amount of the person's reasonable expenses in so complying. 7A.07 Form of subpoena A subpoena to which this Order applies must be in accordance with— (a) Form 7AA, for a subpoena to give evidence; (b) Form 7AB, for a subpoena to produce documents; (c) Form 7AC, for a subpoena to give evidence and produce documents. 7A.08 Application to set aside subpoena (1) An application under section 35 of the Trans‑Tasman Proceedings Act to set aside a subpoena served in New Zealand must be made by filing a summons in the proceeding in which the subpoena was issued. (2) The summons must be supported by an affidavit— (a) stating the material facts on which the application is based; and (b) stating whether the applicant requests that any hearing be held by audio link or audiovisual link; and (c) exhibiting a copy of the subpoena. 7A.09 Application for issue of certificate of non‑compliance with subpoena (1) A party may apply to the Court for the issue, under section 38 of the Trans‑Tasman Proceedings Act, of a certificate of non‑compliance with a subpoena. (2) An application may be made— (a) orally to the Court; and (3) The application must be supported by— (a) an affidavit of service of the subpoena; and (b) a further affidavit stating the following— (i) whether any application was made to set aside the subpoena; (ii) the material in support of any application to set aside the subpoena; (iii) any order that disposed of any application to set aside the subpoena; (iv) the material facts relied on for the issue of a certificate of non‑compliance. (4) The affidavit referred to in paragraph (3)(b) must exhibit— (a) a copy of the subpoena; and (b) a copy of the order giving leave to serve the subpoena. (5) For the purposes of this Rule, the Court may be constituted by a registrar. 7A.10 Form of certificate of non-compliance (1) A certificate of non-compliance with a subpoena must be in Form 7AD. (2) The certificate of non-compliance may be signed and sealed by the Magistrate, or the judicial registrar who issued the certificate, or by the registrar. 7A.11 Application for registration of NZ judgment (1) An application under section 67 of the Trans‑Tasman Proceedings Act for registration under section 68 of that Act of an NZ judgment must be made to the registrar. See regulation 17 and Form 5 of the Trans-Tasman Proceedings Regulation 2012 of the Commonwealth made under the Trans-Tasman Proceedings Act. (2) Where the registrar registers an NZ judgment, the matter in which the judgment is registered must, for the purposes of Rules 7A.12, 7A.13(1), 7A.14(1), 7A.15(1) and 7A.16(1), be taken to be a proceeding. 7A.12 Notice of registration of NZ judgment An entitled person must not take any step to enforce a registered NZ judgment unless the entitled person has filed an affidavit stating that notice of the registration of the NZ judgment has been given in accordance with— (a) section 73 of the Trans-Tasman Proceedings Act; and (b) any regulations made under that Act. 7A.13 Application for extension of time to give notice of registration of NZ judgment (1) An application by an entitled person for an extension of the time within which to give notice of the registration of an NZ judgment under section 73(3) of the Trans-Tasman Proceedings Act may be made— (a) orally to the Court in the proceeding in which the judgment is registered; and (a) briefly, but specifically, the grounds relied on in support of the application; and (b) the material facts relied on in support of the application; and (c) why notice was not given within time. 7A.14 Application to set aside registration of NZ judgment (1) An application by a liable person to set aside the registration of an NZ judgment under section 72(1) of the Trans-Tasman Proceedings Act must be made by filing a summons in the proceeding in which the judgment is registered. (a) briefly, but specifically, the grounds on which the registration of the judgment should be set aside; and (b) the material facts relied on in support of the application. An application to set aside the registration of an NZ judgment must be made within 30 working days of the Court after the day on which the liable person was served with notice of the registration, or within any shorter or longer period that the Court considers appropriate—see section 72(2) of the Trans-Tasman Proceedings Act. 7A.15 Application for stay of enforcement of registered NZ judgment to enable liable person to appeal (1) An application by a liable person for a stay of the enforcement of a registered NZ judgment under section 76(1) of the Trans‑Tasman Proceedings Act to enable the person to appeal against the judgment must be made by filing a summons in the proceeding in which the judgment is registered. (a) the order sought; (b) briefly, but specifically, the grounds relied on in support of the order sought; and (c) the material facts relied on in support of the application. 7A.16 Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal (1) An application by a liable person for an extension of the time within which to apply for the stay of enforcement of a registered NZ judgment under section 76(3) of the Trans-Tasman Proceedings Act to enable the person to appeal against the judgment must be made by filing a summons in the proceeding in which the judgment is registered. (a) the order sought; and (b) briefly, but specifically, the grounds relied on in support of the application; and (c) the material facts relied on in support of the application; and (d) why the application was not made within time. 7A.17 Application for order for use of audio link or audiovisual link (1) A party may apply for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with Order 41A. (2) Paragraph (1) does not apply to a request referred to in Rule 7A.08(2)(b). Order 8—Notice of defence 8.01 Time for giving notice of defence Unless the Court otherwise orders, the time stated in the complaint for the defendant to give a notice of defence must be— (a) where the complaint is to be served in Victoria, not less than 21 days after service; (b) where the complaint is to be served out of Victoria and in another part of Australia, not less than 21 days after service; (c) where the complaint is to be served in Papua New Guinea, not less than 28 days after service; (d) where the complaint is to be served in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; For the purposes of the definition of ***working day*** in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020. (e) in any other case, not less than 42 days after service. 8.02 Late giving of notice of defence A defendant may give notice of defence at any time after the service of a complaint, but, except by leave of the Court, notice of defence must not be given if— (a) the plaintiff has obtained an order under Part 1 of Order 21; or (b) by order of the Court, the defendant's notice of defence has been struck out. 8.03 Contents and form of notice of defence (1) Notice of defence is given by serving a notice of defence in Form 8A on the plaintiff at the address for service stated in the complaint and by filing a copy with the registrar. (2) A notice of defence must— (a) contain a statement that the defendant intends to defend the complaint; and (b) contain a defence as provided by Rule 13.02; and (c) state— (i) the name and address of the defendant; and (ii) an address for service at which documents required to be served on the defendant may be left; and (iii) an email address for service of the defendant; and (d) if the defendant defends by an Australian lawyer, state the name or firm and business address of the Australian lawyer and also, if the Australian lawyer is an agent of another, the name or firm and business address of the principal. (3) Despite paragraph (2), the address for service of the defendant is— (a) if the complaint was served on the defendant under the Service and Execution of Process Act 1992 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act; or (b) if the complaint was served on the defendant under the Trans-Tasman Proceedings Act 2010 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act. (4) Subject to paragraph (3)(b), if the complaint was served on the defendant out of Australia, the notice of defence must state an address for service within Australia. Rule 8.04 revoked by S.R. No. 102/2022 rule 11. **8.05—8.09 * * * * *** Order 9—Joinder of claims and parties 9.01 Joinder of claims A plaintiff may join any number of claims against a defendant— (a) whether the plaintiff makes the claims in the same or in different capacities; and (b) whether the claims are made against the defendant in the same or in different capacities. 9.02 Joinder of parties permitted Two or more persons may be joined as plaintiffs or defendants in any proceeding— (a) where— (i) if separate proceedings were brought by or against each of them, some common question of law or fact would arise in all the proceedings; and (ii) all rights to relief claimed in the proceeding (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions; or (b) if the Court, before or after the joinder, gives leave to do so. 9.03 Joinder of necessary parties (1) Except by order of the Court or as provided by or under any Act, if the plaintiff claims any relief to which any other person is entitled jointly with the plaintiff— (a) all persons so entitled must be parties to the proceeding; and (b) any person who does not consent to being joined as a plaintiff must be made a defendant. (2) If the plaintiff claims relief against a defendant who is liable jointly with some other person and also liable severally, that other person need not be made a defendant to the proceeding. (3) If persons are liable jointly, but not severally, under a contract, and the plaintiff in respect of that contract claims against some but not all of those persons, the Court may stay the proceeding until the other persons so liable are added as defendants. (4) The Court may make an order under paragraph (1) before or after the non-joinder. 9.04 Joinder inconvenient Despite Rules 9.01 and 9.02, if any joinder of claims or of parties may embarrass or delay the hearing of the proceeding or cause prejudice to any party or is otherwise inconvenient, the Court may order that— (a) there be separate hearings; (b) any claim be excluded; (c) any party be compensated by an award of costs or otherwise for being required to attend, or be relieved from attending, any part of a hearing in which that party has no interest; (d) any person made a party cease to be a party on condition that that party be bound by the determination of the questions in the proceeding or without any such condition. 9.05 Effect of misjoinder or non-joinder of party A proceeding must not be defeated by reason of the misjoinder or non-joinder of any party or person, and the Court may determine all questions in the proceeding so far as they affect the rights and interests of the parties. 9.06 Addition, removal, substitution of party At any stage of a proceeding, the Court may order that— (a) any person who is not a proper or necessary party, whether or not that person was one originally, cease to be a party; (b) any of the following persons be added as a party— (i) a person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; (ii) a person between whom and any party to the proceeding there may exist a question arising out of, or relating to, or connected with, any claim in the proceeding which it is just and convenient to determine as between that person and that party as well as between the parties to the proceeding; (c) a person to whom subparagraph (b) applies be substituted for one to whom subparagraph (a) applies. 9.07 Procedure for addition of party (1) A person must not be added as a plaintiff without that person's consent signified in writing or in such other manner as the Court orders. (2) Unless the Court otherwise orders, an application by a person for an order adding the person as a party must be supported by an affidavit showing the person's interest in the questions in the proceeding or the question to be determined as between that person and any party to the proceeding. 9.08 Defendant dead at commencement of proceeding (1) If a cause of action survives against the estate of a deceased person, a person wishing to obtain an order in respect of that cause of action may, if no grant of representation has been made, bring a proceeding against the estate of the deceased. (2) Without limiting paragraph (1), a proceeding brought against "the estate of A.B. deceased" must be taken to have been brought against the deceased's estate in accordance with that paragraph. (3) A proceeding commenced naming as defendant a person who was dead when the proceeding commenced must, if the cause of action survives and no grant of representation had been made at the time the proceeding commenced, be taken to have been commenced against the estate of the deceased in accordance with paragraph (1). (4) A proceeding commenced naming as defendant a person who was dead when the proceeding commenced must, if the cause of action survives and a grant of representation had been made at the time the proceeding commenced, be taken to have been commenced against the personal representative of the deceased as representing the estate of the deceased. (5) In a proceeding within paragraph (1) or (3), the Court— (a) may— (i) appoint a person to represent the estate of the deceased for the purpose of the proceeding; or (ii) if a grant of representation has been made since the commencement of the proceeding, order that the personal representative of the deceased be made a party to the proceeding; and (b) may order that the proceeding be carried on against the person so appointed or against the personal representative, as if that person or representative had been substituted for the estate. (6) In any proceeding within paragraph (4), the Court may order that the personal representative of the deceased be made a party, and that the proceeding be carried on against the personal representative as representing the estate of the deceased. (7) An application for an order under paragraph (5) or (6) must be made during the period of validity for service of the complaint, unless the Court otherwise orders. (8) Before making an order under paragraph (5) the Court may require notice to be given to— (a) any insurer of the deceased who has an interest in the proceeding; and (b) any person having an interest in the estate. (9) If no grant of representation has been made any order made in the proceeding is to bind the estate of the deceased to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceeding. (10) In this Rule, ***grant of representation*** means a grant of probate or administration in Victoria or the resealing of a foreign grant in Victoria. 9.09 Change of party on death, bankruptcy (1) If a party to a proceeding dies, but the cause of action survives, or if a party becomes bankrupt, the proceeding must not abate by reason of the death or bankruptcy, but may be carried on in accordance with paragraph (2). (2) If at any stage of a proceeding the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may order— (a) that the other person be added as a party to the proceeding or be made a party in substitution for the original party; and (b) that the proceeding be carried on as so constituted. (3) Unless the Court otherwise directs, the person on whose application an order is made under paragraph (2)— (a) must serve the order on every party to the proceeding and on every person who ceases to be a party or becomes a party as plaintiff by virtue of the order; and (b) in the case of a person who becomes a defendant, must serve that person personally with the order and with the complaint. (4) A person upon whom a complaint is served in accordance with paragraph (3) must file a defence in the proceeding within such time as the Court directs. (5) If an order is made without notice to a person on whom the order is served, an application by that person to set aside or vary the order must be made within 10 days after service. 9.10 Failure to proceed after death of party (1) If a party dies, and a cause of action in the proceeding survives, but no order is made under Rule 9.09(2) substituting a personal representative of the deceased party as party, the Court, on application by a party or by a person to whom liability on the cause of action survives on the death, may order that unless an order for substitution is made within a specified time the proceeding be dismissed so far as concerns relief on the cause of action for or against the person to whom the cause of action or the liability thereon survives on the death. (2) On making an order under paragraph (1), the Court may, whether or not a grant of representation within the meaning of Rule 9.08(10) has been made, direct that if the proceeding is dismissed by virtue of the order, costs of the proceeding be awarded as follows— (a) if the plaintiff dies, to the defendant against the personal representative of the deceased out of the estate of the deceased; (b) if the defendant dies, to the personal representative of the deceased against the plaintiff. (3) If the plaintiff dies, the Court must not make an order under paragraph (1) unless due notice of the application for it has been given to— (a) the personal representative, if any, of the deceased; and (b) any other person having an interest in the estate of the deceased who, in the opinion of the Court, should be notified. (4) If a defendant serves a counterclaim, this Rule applies, with any necessary modification, as if the plaintiff were the defendant and the defendant were the plaintiff. 9.11 Amendment of proceedings after change of party (1) If an order is made under Rule 9.06 or 9.08— (a) the complaint filed in the Court must, subject to Rule 27.02(5), be amended accordingly within the time specified in the order, and otherwise within 10 days after the making of the order; and (b) a reference to the order, the date of the order and the date on which the amendment is made must be indorsed upon the complaint or the other originating process. (2) The filing of a copy of the complaint or originating process amended and indorsed as required by paragraph (1) is sufficient compliance with that paragraph. (3) If an order is made under Rule 9.06 or 9.08 adding or substituting a person as defendant— (a) the proceeding against the new defendant commences upon the amendment of the filed complaint in accordance with paragraph (1) or (2); and (b) the plaintiff must serve the amended complaint on that defendant within such time as the Court directs, and, unless the Court otherwise orders, it must be served personally; and (c) unless otherwise ordered, if the new defendant is an added defendant, the proceeding is to be continued as if the new defendant were an original defendant, and if the new defendant is a substituted defendant, all things done in the course of the proceeding before it was commenced against the new defendant are to have effect in relation to the new defendant as they had in relation to the old defendant, except that the filing of a defence by the old defendant does not dispense with the filing of a defence by the new. 9.12 Consolidation or hearing together (1) If 2 or more proceedings are pending in the Court, and— (a) some common question of law or fact arises in both or all of them; (b) the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or (c) for any other reason it is desirable to make an order under this Rule— the Court may order the proceedings to be consolidated, or to be heard at the same time or one immediately after the other, or may order any of them to be stayed until after the determination of any other of them. (2) Any order for the hearing together of 2 or more proceedings or for the hearing of one immediately after the other, is subject to the discretion of the Court. 9.13 Conduct of proceeding The Court may give the conduct of the whole or any part of a proceeding to such person as it thinks fit. Order 10—Counterclaim **10.01 * * * * *** 10.02 When counterclaim allowed (1) A defendant who has a claim against a plaintiff may counterclaim in the proceedings. (2) These Rules apply to a counterclaim as if the plaintiff were the defendant and the defendant were the plaintiff. (3) A defendant who counterclaims must file and serve the counterclaim no later than 21 days after notice of defence is given unless the Court otherwise orders. (4) A counterclaim served on a defendant to the counterclaim must, unless paragraph (5) applies, be in Form 10A. (5) If a counterclaim is to be served out of Australia it must be in Form 10B. Rule 10.02(6) inserted by S.R. No. 102/2022 rule 12. (6) A counterclaim must include an email address for service of the defendant. 10.03 Counterclaim against plaintiff and another person A defendant may join with the plaintiff as defendant to the counterclaim any other person, whether a party to the proceeding or not, who, if the defendant were to bring a separate proceeding, could be properly joined with the plaintiff as a party in accordance with Rule 9.02. 10.04 Procedure after counterclaim against another person (1) If a defendant joins a person as defendant to the counterclaim under Rule 10.03, the defence and counterclaim must contain a second title of the proceeding showing— (a) who is plaintiff to the counterclaim; and (b) who are defendants to the counterclaim. (2) The defendant must serve on the person joined as defendant to the counterclaim a copy of the defence and counterclaim as follows— (a) if the person so joined is already a party to the proceeding, the copy must be served within the time fixed by Rule 10.02(3) for serving a counterclaim; (b) if the person joined is not already a party, the copy must be served personally and, unless the Court otherwise orders, must be served within 30 days after the expiration of the time fixed by Rule 10.02(3) for serving a counterclaim. (3) The person joined as a defendant to the counterclaim, upon service of a copy of the defence and counterclaim, if not already a party, becomes a party and is in the same position as if that person had been sued as defendant in the ordinary way by the defendant making the counterclaim. (4) Without limiting paragraph (3), if the person joined as defendant to the counterclaim is not already a party to the proceeding, Orders 8 and 11, and Part 1 of Order 21 apply as if— (a) the counterclaim were a complaint the statement of counterclaim on which constituted a statement of claim in accordance with Order 13; and (b) the defendant making the counterclaim were a plaintiff in the party; and (c) the person joined were a defendant in the proceeding. (5) A counterclaim served on a defendant to the counterclaim who is not already a party must, unless paragraph (6) applies, be in Form 10A. (6) If a counterclaim is to be served out of Australia it must be in Form 10B. (7) Two notices of defence in Form 8A, with any necessary modification, must be served with a counterclaim. 10.05 Hearing of counterclaim A counterclaim must be heard at the hearing of the claim of the plaintiff unless the Court otherwise orders. 10.06 Counterclaim inconvenient Despite Rules 10.02 and 10.03, if a counterclaim may embarrass or delay the hearing of the claim of the plaintiff or cause prejudice to any party or otherwise cannot conveniently be heard with that claim, the Court may— (a) order separate hearings of the counterclaim and the claim of the plaintiff; (b) order that any claim included in the counterclaim be excluded; (c) strike out the counterclaim without prejudice to the right of the defendant to assert the claim in a separate proceeding; (d) order that any person joined as defendant to the counterclaim cease to be a party to the counterclaim. 10.07 Stay of claim If the defendant by the defendant's defence admits the claim of the plaintiff and counterclaims, the Court may stay the original proceeding until the counterclaim is disposed of. 10.08 Counterclaim on stay etc. of original proceeding If the original proceeding is stayed, dismissed, discontinued or struck out or if a decision is given for the plaintiff, a counterclaim nevertheless may be prosecuted. 10.09 Order for balance If the plaintiff succeeds on the claim and the defendant succeeds on the counterclaim and a balance in favour of one of them results, the Court may make an order for the balance. Order 11—Third party procedure 11.01 Claim by third party notice If a defendant claims as against a person not already a party to the proceeding (in this Order called the ***third party***)— (a) any contribution or indemnity; or (b) any relief or remedy relating to or connected with the original subject matter of the proceeding and substantially the same as some relief or remedy claimed by the plaintiff; or (c) that any question relating to or connected with the original subject matter of the proceeding should be determined not only as between the plaintiff and the defendant but also as between either or both of them and the third party— the defendant may join the third party as a party to the proceeding and make the claim against that third party by filing and serving a third party notice. 11.02 Statement of claim on third party notice A third party notice must be in Form 11A, and must be indorsed with a statement of claim. **11.03 * * * * *** 11.04 Filing and service of third party notice (1) A claim by third party notice must be commenced by filing a third party notice in the Court whereupon the third party becomes a party to the proceeding. (2) A third party notice must be filed and served on the third party in the same manner as a complaint is filed and served on a defendant. Rule 11.04(3) inserted by S.R. No. 102/2022 rule 13. (3) A third party notice must include an email address for service of the defendant. 11.05 Time for third party notice (1) A defendant may not file a third party notice until having first given notice of defence. Rule 11.05(2) amended by S.R. No. 102/2022 rule 14(1). (2) Subject to paragraph (3), a defendant may file a third party notice— (a) within 30 days after giving a notice of defence; or (b) at any time with the leave of the Court or the consent in writing of the plaintiff and any other party who has given notice of defence. Rule 11.05(3) inserted by S.R. No. 102/2022 rule 14(2). (3) Except with the leave of the Court, a defendant must not file a third party notice if— (a) the plaintiff has obtained an order under Part 1 of Order 21; or (b) the Court has ordered that the defendant's third party notice be struck out. 11.06 Leave to file third party notice An application for leave to file a third party notice must be made on notice to the plaintiff but the Court may direct notice to be given to any other party who has given notice of defence. 11.07 Other requirements for service (1) A third party notice must be served on the third party within 30 days after it is filed. (2) Despite paragraph (1), the Court may fix another period for the service of a third party notice either— (a) before the notice is filed; or (b) at the time it grants leave under Rule 11.05(2) to file the notice. (3) If a third party notice has not been served on the third party, the Court from time to time by order may extend the period for service of the notice for such further period it thinks fit. (4) An order may be made under paragraph (3) before or after expiry of the period for service. (5) At the time of service of a third party notice on a third party there must also be served a copy of— (a) any order or consent under Rule 11.05(2); and (b) any order under paragraph (2) made before the third party notice was filed fixing a period for service of the notice; and (c) any order under paragraph (3); and (d) the complaint; and (e) any pleadings or affidavits filed and served in the proceeding; and (f) any notice from the court; and (g) 2 notices of defence in Form 8A, with any necessary modification. (6) Within the period for service of the third party notice on the third party a copy of the notice must be served on the plaintiff and on any other party who has given notice of defence. (7) If a copy of the third party notice is not served in accordance with paragraph (6), the Court may, on application by the plaintiff or the third party, order that the questions between the plaintiff and the defendant be determined before and separately from the questions between the defendant and the third party. **11.08 * * * * *** 11.09 Defence of third party (1) A third party must give notice of defence to the statement of claim indorsed on the third party notice within— (a) where the third party notice is served in Victoria, not less than 21 days after service; (b) where the third party notice is served out of Victoria and in another part of Australia, not less than 21 days after service; (c) where the third party notice is served in Papua New Guinea, not less than 28 days after service; (d) where the third party notice is served in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; For the purposes of the definition of ***working day*** in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020. (e) in any other case, not less than 42 days after service. (2) The third party may give notice of defence to the statement of claim of the plaintiff by which the third party disputes the liability to the plaintiff of the defendant by whom the third party was joined on any ground not raised by that defendant in the defendant's defence. (3) If a third party gives notice of defence, the defendant by whom the third party was joined must serve on the third party— (a) a copy of any pleading that may from time to time thereafter be served between the plaintiff and that defendant; and (b) a copy of any document the defendant has received from the Court and may thereafter be received from the Court from time to time. The provisions applying to pleadings under Order 13 also apply to claims by third party notice by reason of the operation of Rule 13.09. 11.10 Counterclaim by third party (1) A third party who has a claim against the defendant may assert the claim in the proceeding by way of counterclaim and Rule 10.02 applies as if the claim by third party notice were a proceeding commenced by a complaint. (2) A third party who counterclaims may join the plaintiff as defendant to the counterclaim along with the defendant if the plaintiff and defendant could be joined properly as defendants in accordance with Rule 9.02 in a separate proceeding brought against them by the third party. 11.11 Default by third party (1) If at the time any final order is made for the plaintiff against the defendant by whom the third party was joined the third party has not given notice of defence, and the time limited for filing a notice of defence has expired— (a) the third party must be taken to admit any claim stated in the third party notice and must be bound by the final order between the plaintiff and the defendant in so far as it is relevant to any claim or question stated in the notice; and (b) the defendant may at any time after satisfaction of that final order or, with the leave of the Court, before satisfaction, enter a final order against the third party for any contribution or indemnity claimed in the notice, and with the leave of the Court, for any other relief or remedy claimed therein. (2) If a third party or the defendant by whom the third party was joined fails to serve any pleading within the time limited, the Court may make such final order for the party not in default or make such order as it thinks fit. (3) The Court may set aside or vary any order under paragraph (1)(b) or (2). 11.12 Discovery and hearing If the third party gives notice of defence— (a) the third party and the defendant by whom the third party was joined may have discovery of one another; and (b) unless the Court otherwise orders— (i) the third party may attend and take part at the hearing of the proceeding; and (ii) at the hearing questions between the defendant and the third party must be tried concurrently with the questions between the plaintiff and the defendant; and (iii) the third party will be bound by the result of the hearing. 11.13 Third party directions (1) If the third party gives notice of defence, the Court may make any order or give any direction as follows— (a) if the liability of the third party to the defendant by whom the third party was joined as third party is established, make a final order for that defendant against the third party; (b) order that any claim or question stated in the third party notice be heard in such manner as it directs; (c) give the third party leave— (i) to defend the proceeding, either alone or jointly with any defendant; or (ii) to attend and take part at the hearing; (d) generally make such orders and give such directions— (i) as are necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; and (ii) as to the extent to which the third party is to be bound by any order or decision in the proceeding. (2) The Court may make any order or give any direction under paragraph (1) either before or after any final order in the proceeding has been made for the plaintiff against the defendant, and may at any time vary or rescind any such order or direction. 11.14 Final order between defendant and third party (1) If a third party has been joined under this Order, the Court may at or after the hearing of the proceeding or on its determination otherwise than by hearing make a final order for the defendant by whom the third party was joined against the third party or for the third party against that defendant. (2) If a final order is made for the plaintiff against the defendant and a final order is made for that defendant against a third party, unless the Court otherwise orders, the final order against the third party must not be enforced until the order against the defendant has been satisfied. 11.15 Claim against another party (1) If a party claims as against another party to the proceeding any relief of the kind described in Rule 11.01, the party may make the claim against the other party by filing and serving a notice in accordance with this Rule— (a) within 30 days after the service on the party of the document in the proceeding by which the claim in respect of which the notice is served was made; or (b) if when the document was served the other party was not a party, then within 30 days after the party became a party. (2) Paragraph (1) does not apply if the claim could be made by counterclaim in the proceeding. (3) No notice of defence to a notice under paragraph (1) is necessary if the party on whom it is served has given notice of defence in the proceeding or is a plaintiff, but otherwise this Order applies, with any necessary modification, as if— (a) the defendant had filed and served a third party notice under Rule 11.01; and (b) the party on whom the notice is served were a third party joined under that Rule. (4) Except as provided by paragraph (5), a notice under paragraph (1) must, with any necessary modification— (a) be in accordance with Form 11A; and (b) be indorsed with a statement of claim. (5) If a party claims against another party to the proceeding contribution pursuant to Part IV of the **Wrongs Act 1958**, a notice under paragraph (1) must be in accordance with Form 11B. 11.16 Fourth and subsequent parties (1) If a third party has given notice of defence, this Order applies, with any necessary modification, as if the third party were a defendant. (2) If a person joined as a party (in this Order called a ***fourth party***) by a third party under this Order has given notice of defence, this Order as applied by this Rule is to have effect as regards such further person and any other further person or persons so joined and so on successively. (3) A third or subsequent party may not make a claim against another person whether that person is a party to the proceeding or not by notice under this Order without the leave of the Court. 11.17 Counterclaim If a defendant has served a counterclaim, this Order applies, with any necessary modification, as if the defendant were the plaintiff and the plaintiff were the defendant. Order 12—Interpleader 12.01 Definitions ***claimant*** means a person making a claim to or in respect of property in dispute; ***execution creditor*** means a person for whom a warrant is issued; ***property in dispute*** means any debt or other property which is the subject of a proceeding under this Part; ***stakeholder*** means an applicant under Rule 12.02(1); ***warrant*** means warrant of execution under these Rules. 12.02 Stakeholder's interpleader (a) a person is under a liability (otherwise than as a sheriff) in respect of a debt or other personal property; and (b) the person is sued or expects to be sued in any court for or in respect of the debt or property by 2 or more persons making adverse claims to or in respect of the debt or property— the Court may, on application by that person, grant relief by way of interpleader. (2) If a stakeholder is sued in a proceeding in the Court for or in respect of the property in dispute, an application under paragraph (1) may be made by summons in the proceeding. (3) A summons under paragraph (2)— (a) must be served on each party to the proceeding who is a claimant; and (b) must be served personally on each claimant who is not a party; and (c) must be in the form of Form 12A. (4) If paragraph (2) does not apply, an application under paragraph (1) must be commenced by complaint in which all claimants are joined as defendants. 12.03 Sheriff's interpleader (1) If a sheriff takes or intends to take any personal property under a warrant, a person making a claim to or in respect of the property or the proceeds or value of the property may give notice in writing of that person's claim to the sheriff. (2) A notice of claim under paragraph (1) must— (a) state the name and address of the claimant, which address is the address for service; and (b) identify each item of personal property the subject of the claim; and (c) state the grounds of the claim. 12.04 Sheriff's summons to state claim (1) If a person who is entitled to give notice under Rule 12.03 does not, within a reasonable time after having knowledge of the facts, give notice under that Rule, the Court may, on application by the sheriff, restrain the commencement or stay or restrain the continuance by that person of proceedings in any court against the sheriff for or in respect of anything done by the sheriff in execution of the warrant after the time when that person might reasonably have given notice under that Rule. (2) A sheriff may apply for an order under paragraph (1) by summons in the proceeding in which the warrant is issued and, if a sheriff so applies, the sheriff must serve the summons personally on the person against whom the order is sought. 12.05 Notice to execution creditor (1) On being given a notice of claim under Rule 12.03, a sheriff must serve without delay— (a) a copy of the notice; and (b) a notice in the form of Form 12B on the execution creditor. (2) The execution creditor may serve on the sheriff notice in writing that the execution creditor admits or disputes the claim. 12.06 Admission of claim If an execution creditor admits a claim by notice under Rule 12.05(2)— (a) the execution creditor is not liable for any fees or expenses incurred by the sheriff under the warrant after the notice is given; and (b) the sheriff must withdraw from possession of the property claimed; and (c) on application by the sheriff, the Court may restrain the commencement or stay or may restrain the continuance by the person whose claim is admitted of proceedings in any court against the sheriff for or in respect of anything done by the sheriff in execution of the warrant. 12.07 Interpleader summons (1) If under Rule 12.05 a sheriff has served a notice of claim on the execution creditor, the sheriff, by summons in the proceeding in which the warrant is issued may apply to the Court for relief by way of interpleader if the execution creditor— (a) does not within 5 days after the service of the notice under Rule 12.05 serve on the sheriff notice in writing that the execution creditor admits the claim; or (b) within that period of 5 days serves on the sheriff notice in writing that the execution creditor disputes the claim— and, if the claim has not been withdrawn, the Court may grant relief by way of interpleader. (2) A summons under paragraph (1)— (a) must be served on each party to the proceeding who claims an interest in the property in dispute; and (b) must be served personally on each claimant who is not a party; and (c) must be in the form of Form 12C. 12.08 Powers of Court On application for relief by way of interpleader the Court may— (a) if a proceeding in the Court is pending in which the applicant is sued for or in respect of any of the property in dispute— (i) order that any claimant be added as a defendant in that proceeding in addition to or in substitution for the applicant; or (ii) order that the proceeding be stayed or dismissed; (b) order that a question between the claimants be stated and heard and direct which of the claimants is to be plaintiff and which defendant; (c) order the applicant— (i) to pay or transfer any of the property in dispute into court; or (ii) otherwise to dispose of any of the property; (d) if a claimant claims to be entitled by way of security for debt to any of the property in dispute, make orders for the sale of any of the property and for the application of the proceeds of sale; (e) summarily determine any question of fact or law arising on the application; (f) make such order as it thinks fit. 12.09 Default by claimant (a) a claimant has been given due notice of the hearing of an application for relief by way of interpleader and does not attend on the hearing; or (b) a claimant does not comply with an order made on such an application— the Court may order that the claimant and all persons claiming under the claimant be barred from prosecuting the claimant's claim against the applicant and all persons claiming under the applicant. (2) An order under paragraph (1) must not affect the rights of the claimants as between themselves. 12.10 Neutrality of applicant (1) If a stakeholder applies for relief by way of interpleader, the Court may dismiss the application or make an order against the applicant unless the Court is satisfied that the applicant— (a) claims no interest in the property in dispute except for charges or costs; and (b) does not collude with any claimant. (2) If a sheriff applies for relief by way of interpleader, the Court— (a) may require the sheriff to satisfy the Court on the matters referred to in paragraph (1); and (b) may, if not satisfied on those matters, dismiss the application. (3) Nothing in this Rule affects the power of the Court in other cases to dismiss the application or to make an order against the applicant. 12.11 Order in several proceedings (1) If an application for relief by way of interpleader is made and several proceedings are pending in the Court for or in respect of any of the property in dispute, the Court may make an order in any 2 or more of those proceedings. (2) An order made under paragraph (1)— (a) must be entitled in all the proceedings in which it is made; and (b) must be binding on all the parties to them. 12.12 Hearing of interpleader question (1) Order 49 applies, with any necessary modification, to the hearing of an interpleader question. (2) On the hearing of an interpleader question the Court may finally determine all questions arising on the application for relief by way of interpleader. Order 13—Pleadings 13.01 Statement of claim (1) A statement of claim must— (a) contain, in a summary form, a statement of all material facts on which the plaintiff relies, but not evidence by which those facts are to be proved; and (b) contain the necessary particulars of every fact or matter; and (c) if the claim arises by or under any Act, identify the specific provision of the Act that is relied on; and (d) state specifically the amount or other relief or remedy sought; and (e) state the place where and the date when the claim arose. (2) A statement of claim may make inconsistent allegations of fact, if it makes clear that the allegations are made in the alternative. (3) A statement of claim must be divided into paragraphs numbered consecutively, and each fact or matter stated, so far as practicable, must be contained in a separate paragraph. 13.02 Defence (1) A defence must state which of the facts stated in the statement of claim are— (a) admitted; (b) denied; (c) not admitted. (2) A defendant who, in the defence, does not state whether a fact stated in the statement of claim is— (a) admitted; (b) denied; (c) not admitted— must be taken to admit the fact. (3) A defendant who states that a fact stated in the statement of claim is denied must— (a) give reasons for denying the fact; and (b) if the defendant intends to prove a fact different from that stated in the statement of claim, state, with necessary particulars, the fact that the defendant intends to prove. (4) Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not, except in cross‑examination, adduce any evidence with respect to that fact at the hearing of the proceedings. (5) The defendant must state specifically, with particulars, any fact or matter which— (a) makes the claim of the plaintiff not maintainable; or (b) if not stated specifically, might take the plaintiff by surprise; or (c) raises questions of fact not arising out of the statement of claim. (6) If the defence arises by or under any Act, the defence must identify the specific provision relied on. (7) A defence must be divided into paragraphs numbered consecutively, and each fact or matter stated, so far as is practicable, must be contained in a separate paragraph. (8) The defendant cannot rely on the defence of tender unless, within 7 days after giving notice of defence, the defendant pays to the registrar the amount alleged to have been tendered. 13.03 Reply (1) If the defendant serves a notice of defence, and the plaintiff intends at the hearing to prove or establish any fact or matter which— (a) makes the defence stated in the notice of defence not maintainable; or (b) if not stated specifically in the notice, might take the defendant by surprise; or (c) raises questions of fact not arising out of the notice— the plaintiff must serve and file a reply. (2) A reply must be divided into paragraphs numbered consecutively, and each fact or matter stated so far as practicable must be contained in a separate paragraph. (3) A reply must be served and filed within 21 days after service of the notice of defence. 13.04 Alternative allegations The defendant in a defence and the plaintiff in a reply may make inconsistent allegations of fact if it is made clear that the allegations are made in the alternative. 13.05 Particulars from plaintiff (1) The defendant may give notice to the plaintiff that the defendant requires further particulars of the plaintiff's claim. (2) A notice seeking further particulars must be in writing and must specify the alleged facts or matters in respect of which further particulars are required. 13.06 Particulars from defendant (1) The plaintiff may give notice to the defendant that the plaintiff requires further particulars of the defendant's defence. (2) A notice seeking further particulars must be in writing and must specify the alleged facts or matters in respect of which further particulars are required. 13.07 Time for giving notice Unless the Court otherwise orders, a notice under Rule 13.05 or 13.06 must not be given more than 14 days after the day on which notice of defence is given. 13.08 Particulars to be filed Within 14 days of receiving a notice requiring particulars, a party must file and serve the further particulars. 13.09 Counterclaim and third party claim This Order applies, with any necessary modification, to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding. 13.10 Failure to give particulars (1) If a party fails to comply with a notice requiring further particulars, the Court may make an order— (a) requiring the party to provide the further particulars within a time specified by the Court; or (b) requiring the party to provide the further particulars within a time specified by the Court and on failure to do so— (i) if the party is a plaintiff, that the complaint be dismissed; or (ii) if the party is a defendant, that the party's notice of defence, if any, be struck out; or (c) if the party is a plaintiff, that the complaint be dismissed; or (d) if the party is a defendant, that the party's notice of defence, if any, be struck out. (2) A defendant whose notice of defence is struck out in accordance with paragraph (1)(b)(ii) or (1)(d) must, for the purpose of Rule 21.01, be taken to be a defendant who does not give notice of defence. (3) An application for an order under paragraph (1) must be made before the day fixed for hearing of the complaint. Order 14—Service of pleadings Order 15—Persons under disability 15.01 Definition ***person under disability*** means— (a) a minor; or (b) a person who is incapable, by reason of injury, disease, senility, illness or physical or mental infirmity, of managing that person's affairs in relation to the proceeding. 15.02 Litigation guardian of person under disability (1) Except if otherwise provided by or under any Act, a person under disability must commence or defend a proceeding by the person's litigation guardian. (2) Except if otherwise provided by these Rules, anything in a proceeding that is required or permitted by the Rules to be done by a party must or may, if the party is a person under disability, be done by the person's litigation guardian. (3) A litigation guardian of a person under disability must act by an Australian lawyer. (4) Unless for special reason the Court otherwise orders, the litigation guardian of a person under disability is not personally liable for costs awarded against the person. 15.03 Appointment of litigation guardian (1) A person may be a litigation guardian of a person under disability if the first-mentioned person— (a) is not a person under disability; and (b) has no interest in the proceeding adverse to that of the person under disability. (2) If a person is authorised by or under any Act to conduct legal proceedings in the name of or on behalf of a person under disability, that person must, unless the Court otherwise orders, be entitled to be litigation guardian of the person under disability in any proceeding to which that person's authority extends. (3) If after a proceeding is commenced a party to the proceeding becomes a person under disability, the Court must appoint a litigation guardian of that party. (4) If the interests of a party who is a person under disability so require, the Court may— (a) appoint or remove a litigation guardian; or (b) substitute another person as litigation guardian. (5) If a party has a litigation guardian in a proceeding, no other person must act as litigation guardian, unless the Court otherwise orders. (6) If a litigation guardian has been appointed by the Court, the name of a person must not be used in a proceeding as litigation guardian of a person under disability unless there is first filed in the Court— (a) the written consent of the person to be the litigation guardian; and (b) a certificate by the Australian lawyer for the person under disability certifying that the Australian lawyer knows or believes that— (i) the person to whom the certificate relates is a person under disability, giving the grounds of the Australian lawyer's knowledge or belief; and (ii) the litigation guardian of the person under disability has signed the written consent and has no interest in the proceeding adverse to that person. 15.04 No notice of defence given by person under disability If a defendant who is a person under disability does not give notice of defence, the plaintiff must not continue the proceeding unless a person— (a) is made litigation guardian of the defendant in accordance with Rule 15.03(6); or (b) is appointed litigation guardian by order of the Court. 15.05 Application to discharge or vary certain orders An application to the Court on behalf of a person under disability served with an order made without notice under Rule 9.09 for the discharge or variation of the order must be made— (a) if a litigation guardian is acting for that person in the proceeding in which the order is made, within 10 days after the service of the order on that person; (b) if no litigation guardian is acting for that person in that proceeding, within 10 days after the appointment of a litigation guardian to act for the person under disability. 15.06 Pleading admission by person under disability A person under disability must not be taken to admit the truth of any allegation of fact made in the pleading of the opposite party unless in his or her pleading the person under disability states that the allegation is admitted. 15.07 Discovery (1) Subject to paragraph (2), a party is entitled to have discovery of a person under disability as if that person were not under disability. (2) The discovery must be given by the person under disability or the person's litigation guardian, whichever is appropriate. 15.08 Compromise of claim by a person under disability (1) If in a proceeding a claim is made by or on behalf of or against a person under disability, no compromise, payment of money or acceptance of an offer of compromise under Order 26, whenever entered into or made, so far as it relates to that claim, is valid without the approval of the Court. (2) Application for approval must be by application filed not later than 30 days after the compromise, payment or acceptance. (3) A copy of an affidavit in support of the application need not be served. (4) The Court may dispense with the requirement of an application if application for approval is made at the hearing of the proceeding. (5) On the application, evidence must be given of the date of the compromise, payment or acceptance and the date of birth of the person under disability, and the dates must be stated in any order approving the compromise, payment or acceptance. (6) If the acceptance of an offer of compromise is approved, the person under disability must be taken to have made or accepted the offer at the time of approval. (7) If an order is made approving a compromise by which money is to be paid to a person under a disability, the form of order in Form 15A must, with appropriate modifications, be used. **15.09–15.10 * * * * *** Order 16—Executors, administrators and trustees Order 17—Partners and sole proprietors 17.01 Partners (1) If 2 or more persons carry on business as partners within Victoria, a proceeding may be commenced by or against them in the name of the firm (if any) of which they were partners when the cause of action accrued. (2) Paragraph (1) applies if partners sue or are sued by— (a) any partner of the same firm; (b) partners of another firm, and any partner of the one firm is a partner of the other. 17.02 Disclosure of partners (1) If a proceeding is commenced by or against partners in the firm name under Rule 17.01, any other party may by notice served at the address for service of the partners in the proceeding require the partners to disclose in writing within 14 days of service— (a) the name and the address of the usual or last known place of residence or of business of each person constituting the firm at the time when the cause of action accrued; and (b) whether since that time there has been any change and what change in the membership of the firm. (2) If partners fail to comply with a notice under paragraph (1), the Court may order— (a) if the partners are plaintiffs, that the proceeding be dismissed; (b) if the partners are defendants, that their notice of defence be struck out. 17.03 Service of complaint (1) A complaint in a proceeding commenced against partners in the firm name under Rule 17.01 may be served on— (a) any one or more of the partners; or (b) any person at the principal place of business of the partnership within Victoria who appears to have control or management of the partnership business there. (2) A complaint served under paragraph (1) must be taken to have been duly served on the partners whether or not any partner is out of Victoria. (3) If a partnership has, to the knowledge of the plaintiff, been dissolved before the proceeding against the partners has commenced, the complaint must be served on every person sought to be made liable in the proceeding. (4) Every person upon whom the complaint is served under paragraph (1) must be informed by notice in writing given at the time of service whether that person is served as a partner or as a person having the control or management of the partnership business or in both characters and, in default of such notice, the person served must be taken to be served as a partner. 17.04 Notice of defence of partners Partners sued in the name of their firm may give a notice of defence individually in their own names, but the proceeding must, nevertheless, continue in the name of the firm. 17.05 No notice of defence except by partners A person served with a complaint as a person having the control or management of the partnership business may not file a notice of defence unless that person is a partner. 17.06 Notice of defence under objection of person sued as partner A person served with a complaint as a partner may file a notice of defence stating— (a) that the person does so as a person served as a partner; and (b) that the person denies that the person was a partner at any material time or is liable as such. 17.07 Order against partners (1) An order made against a firm may be enforced against any or all of the persons who were members of the firm at the time the cause of action arose. (2) If a person is sued under this Order in a name or style other than the person's own name and an order is made against the person in that name or style, the order may be enforced against the person. (3) An enforcement proceeding must not be commenced under an order referred to in paragraph (1) or (2) against a person whose name is not mentioned in the order or complaint unless the person in whose favour the order was made files with the registrar an affidavit stating— (a) the name and address of the person against whom it is proposed to commence the proceeding; and (b) that, at the time the cause of action arose, that person was a member of the firm or was carrying on business in the name or style in which the order was made; and (c) the proceeding it is desired to take under the order. 17.08 Enforcement between partners An order made against partners suing or being sued in the name of their firm in a proceeding of a kind referred to in Rule 17.01(2)(a) or (b)— (a) must not be enforced without the leave of the Court; and (b) on application for leave, the Court may include an order that any necessary accounts and inquiries be taken and made. 17.09 Garnishee orders A debt due or accruing due from partners may be attached under these Rules even though a partner is resident out of Victoria, so long as a partner or some person apparently having the control or management of the partnership business is within Victoria. 17.10 Person using the business name Any person carrying on business within Victoria in a name or style other than that person's own may be sued in that name or style as if it were the name of a firm, and Rules 17.02 to 17.09 apply, with any necessary modification, as if that person were a partner and the name in which the person carries on business were the name of that person's firm. **17.11 * * * * *** Order 18—Representative proceeding Order 18A—Group proceeding Order 19—Notice of constitutional matter 19.01 Definitions ***State*** has the meaning given in section 78AA of the Act; ***the Act*** means the Judiciary Act 1903 of the Commonwealth. 19.02 Notice (1) If a proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Act, the party whose case raises the matter must, unless the Court directs another party to do so, immediately file a notice of a constitutional matter. (2) A notice under paragraph (1) must state— (a) specifically the nature of the matter; and (b) the facts showing that the matter is one to which paragraph (1) applies. (3) The notice must be in Form 19A. 19.03 Filing and service (1) Subject to paragraph (3), the party required or directed under Rule 19.02 to file the notice must serve a copy on— (a) every other party; and (b) the Attorney-General for the Commonwealth, if the Attorney-General or the Commonwealth is not a party; and (c) the Attorney-General of each State, if the Attorney-General or that State is not a party. (2) Unless the Court otherwise orders, the copy must be served without delay after the notice is filed. (3) Service of a copy of the notice need not be effected on an Attorney-General if steps have been taken that could reasonably be expected to cause the matters to be notified to be brought to the attention of that Attorney-General. (4) The party serving a copy of the notice must without delay file an affidavit of service. Order 20—Change of Australian lawyer 20.01 Notice of change If an Australian lawyer acts for a party in a proceeding and the party changes that party's Australian lawyer, the party must immediately— (a) file notice of the change; and (b) serve a copy of the notice on the other parties and, if practicable, the party's former Australian lawyer. 20.02 Party appointing Australian lawyer If a party who has no Australian lawyer in a proceeding appoints an Australian lawyer to act for that party in the proceeding, the Australian lawyer must immediately— (a) file notice of the appointment; and (b) serve a copy of the notice on the other parties. 20.03 Australian lawyer ceasing to act (1) If an Australian lawyer ceases to act for a party in a proceeding, unless a notice of change is filed and served under Rule 20.01, the Australian lawyer must immediately— (a) file notice that the Australian lawyer has ceased to act; and (b) serve a copy on all parties. (2) A notice under paragraph (1) must state the address, email address and telephone number (landline or mobile) of the party, as last known to the Australian lawyer. 20.04 Removal of Australian lawyer from record (a) an Australian lawyer who has acted for a party in a proceeding— (i) has died or become bankrupt or cannot be found; or (ii) has ceased to have the right of practising in the Court; or (iii) for any other reason has ceased to practise; and (b) the party has not given notice under Rule 20.01 or the Australian lawyer has not given notice under Rule 20.03— the Court, on application made by any other party to the proceeding, may by order declare that the Australian lawyer has ceased to be the Australian lawyer acting for the first-mentioned party in the proceeding. (2) An application under paragraph (1) must be made by application supported by affidavit stating the facts on which the application is made and, unless the Court otherwise orders, the application and a copy of the affidavit must be served on the party to whose Australian lawyer the application relates. (3) If an order is made under paragraph (1), the party on whose application it was made must immediately— (a) serve a copy of the order on every other party to the proceeding; and (b) file an affidavit of service. 20.05 Address for service (1) The address for service of a party— (a) who changes the party's Australian lawyer and files and serves notice under Rule 20.01, is the business address of the new Australian lawyer; (b) who appoints an Australian lawyer in the circumstances referred to in Rule 20.02, is the business address of the Australian lawyer; (c) for whom an Australian lawyer has ceased to act, if notice is filed and served by the Australian lawyer under Rule 20.03 without leave, is the address stated in the notice. (2) If the Court under Rule 20.04(1) by order declares that an Australian lawyer has ceased to act, the Court may by order direct an address to be the address for service of the party for whom the Australian lawyer has ceased to act. (3) If the Court makes no order under paragraph (2), any document in the proceeding which is not required to be served personally may be served on the party for whom the Australian lawyer has ceased to act by filing it. (4) A party who serves a document by filing in accordance with paragraph (3) must indorse on the back of the last sheet a statement that the document is filed as such service. 20.06 Death, retirement etc. of Victorian or Australian Government Solicitor If the person who occupies or acts in the office of Victorian Government Solicitor or the Australian Government Solicitor acts as an Australian lawyer for a party in a proceeding and the person so acting dies or retires or otherwise ceases to occupy or act in that office, it is not necessary to file and serve notice under Rule 20.01. Order 21—Order in default of defence or compliance Part 1—Order in default of defence 21.01 Plaintiff may apply for order (1) If a defendant does not give notice of defence within 21 days after the service of a complaint or of the giving of leave to defend, or within any other time fixed by the Court for giving notice of defence, the plaintiff may apply for an order. Rule 21.01(2) substituted by S.R. No. 102/2022 rule 15. (2) An application under paragraph (1) must be in Form 21A. 21.02 Affidavit required An application under Rule 21.01 to which Rule 21.01(2)(a) applies must be filed with the registrar and must be accompanied by— (a) if the claim— (i) is for a debt or liquidated demand; or (ii) is a claim arising from a motor vehicle accident and the claim is— (A) for the cost of repairs only; or (B) for total loss of the vehicle only— an affidavit or declaration of service of the complaint; and (b) in any other case— (i) an affidavit or declaration of service of the complaint; (ii) an affidavit or affidavits verifying the complaint and the nature and extent of the injury, loss or damage suffered by the plaintiff. Rule 21.03 substituted by S.R. No. 102/2022 rule 16. 21.03 Application for default judgment processed by CMS An application under Rule 21.01 that is filed electronically may be processed by CMS for the purpose of enabling the registrar to— (a) make an order under Rule 21.04(1); or (b) refer the matter to the Court under Rule 21.04(3) or (4). 21.04 Registrar may make order or refer to Court Rule 21.04(1) amended by S.R. No. 102/2022 rule 17. (1) If an application has been made to which Rule 21.02(a) applies and the registrar is satisfied that an order should be made, the registrar must make such an order. (2) In an application under paragraph (1) the registrar must fix the amount of costs and interest as is appropriate in the circumstances in accordance with Appendix A. Rule 21.04(3) amended by S.R. No. 102/2022 rule 17. (3) If an application has been made to which Rule 21.02(a) applies and the registrar is not satisfied that an order should be made, the registrar may, or if the plaintiff so requests must, refer the matter to the Court for decision. (4) If an application has been made to which Rule 21.02(b) applies, the registrar must refer the matter to the Court for decision. (5) If the registrar refers an application to the Court, the Court may— (a) make the order sought in the application; (b) direct that a further affidavit or affidavits be filed; (c) give directions as to the application; (d) refuse to make the order sought in the application; (e) make any other order it considers appropriate. (6) If the Court, under paragraph (5)(b), directs a further affidavit or affidavits to be filed, upon the filing of such affidavit or affidavits, the registrar may make an order. (7) The registrar must notify the plaintiff of any order made by the registrar or (if the application has been referred to the Court) any decision or order of the Court. 21.05 Proceeding continued against other defendants A plaintiff who obtains an order against a defendant in accordance with this Order may enforce the order and continue the proceeding against any other defendant. 21.06 Default of defence to counterclaim If a defendant serves a counterclaim, Rule 21.01 applies as if— (a) the defendant were the plaintiff; and (b) a reference to the notice of defence in that Rule were a reference to the notice of defence to the counterclaim; and (c) the plaintiff were the defendant. 21.07 Setting aside order Subject to Rule 46.08, the Court may set aside or vary any order made in accordance with this Order. Part 2—Order in default of compliance 21.08 Defendant may apply for costs order (1) If a complaint is dismissed under— (a) Rule 13.10(1)(b)(i) or Rule 13.10(1)(c); (b) Rule 24.02(1)(a); (c) Rule 29.12.1(3)(a) or Rule 29.12.1(4); (d) Rule 30.09.1(3)(a) or Rule 30.09.1(4); (e) Rule 50.07(1)(a)— the defendant may apply for an order for costs. (2) An application under paragraph (1) must be in Form 21B. 21.09 Applications under Rule 21.08 (1) An application under Rule 21.08 must be filed with the registrar. (2) If the complaint is dismissed under Rule 13.10(1)(b)(i), Rule 29.12.1(3)(a) or Rule 30.09.1(3)(a) the application under paragraph (1) must be accompanied by an affidavit in support of the order(s) sought in the application. 21.10 Registrar may make order or refer to Court (1) If an application has been made under Rule 21.08 and the registrar is satisfied that an order should be made, the registrar must make such an order and must fix the amount of costs as is appropriate in the circumstances in accordance with Appendix A. (2) If an application has been made under Rule 21.08 and the registrar is not satisfied that an order should be made, the registrar may, or if the defendant so requests must, refer the matter to the Court for decision. (3) If the registrar refers an application to the Court, the Court may— (a) make the order sought in the application; (b) direct that a further affidavit or affidavits be filed; (c) give directions as to the application; (d) refuse to make the order sought in the application; (e) make any other order it considers appropriate. (4) If the Court, under paragraph (3)(b), directs a further affidavit or affidavits to be filed, upon the filing of the affidavit or affidavits, the registrar may make an order. (5) The registrar must notify the defendant of any order made by the registrar or (if the application has been referred to the Court) any decision or order of the Court. Part 3—Dismissal of certain proceedings 21.11 Dismissal of complaints (1) A complaint stands dismissed as against any defendant at the expiration of 3 months after the period of the validity for service of the complaint, or, if that period has been extended, after the expiration of any extension of the period, if, at the time of expiration, that defendant has not filed a notice of defence and an order in default of defence has not been made against that defendant. (2) The Court may from time to time, by order, extend the period of 3 months referred to in paragraph (1) for a period of not more than 6 months after the day of the order. (3) If an order is made under paragraph (2), the period of 3 months in paragraph (1) is to be taken to be substituted by the extended period ordered by the Court. 21.12 Dismissal of certain adjourned proceedings A complaint, counterclaim or third party procedure that is adjourned to a day to be fixed (however expressed) stands dismissed at the expiration of 6 years after the adjournment of the complaint, counterclaim or third party procedure. 21.13 Reinstatement (1) The Court may reinstate any complaint that stands dismissed by operation of Rule 21.11. (2) The Court may reinstate any— (a) complaint; or (b) counterclaim; or (c) third party procedure— that stands dismissed by operation of Rule 21.12. Order 22—Summary judgment Part 1—General 22.01 Scope of Order This Order applies to all civil proceedings in the Court to which, in accordance with section 4 of the **Civil Procedure Act 2010**, that Act applies. 22.02 Interpretation (1) In this Order, a reference— (a) to a plaintiff includes a reference to a plaintiff by counterclaim; and (b) to a defendant includes a reference to a defendant by counterclaim. (2) Without limiting paragraph (1), expressions used in this Order, unless the contrary intention appears, have the same meaning as in Part 4.4 of Chapter 4 of the **Civil Procedure Act 2010**. Part 2—Application by plaintiff for summary judgment 22.03 Application by plaintiff for judgment An application under section 61 of the **Civil Procedure Act 2010** by a plaintiff in a civil proceeding for summary judgment in the proceeding must be made in accordance with this Part of this Order. 22.04 Summons and affidavit in support (1) An application must be made by summons supported by an affidavit— (a) verifying the facts on which the claim or the part of the claim to which the application relates is based; and (b) stating that in the belief of the deponent the defence to the claim or the defence to the relevant part of the claim— (i) has no real prospect of success; or (ii) has no real prospect of success except as to the amount of the claim or as to the amount of the relevant part of the claim. (1A) A summons under paragraph (1) must be in Form 22A. (2) If a statement in a document tends to establish a fact within paragraph (1) and at the trial of the proceeding the document would be admissible by or under the **Evidence (Miscellaneous Provisions) Act 1958**, the **Evidence Act 2008** or any other Act to verify the fact, the affidavit under paragraph (1) may set forth the statement. (3) An affidavit under paragraph (1) may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted. (4) The plaintiff must serve the summons and a copy of the affidavit or affidavits and of any exhibit referred to in the affidavit or affidavits on the defendant not less than 14 days before the day for hearing named in the summons. 22.05 Defendant to show cause (1) The defendant may show cause against the application by affidavit or otherwise to the satisfaction of the Court. (2) An affidavit under paragraph (1) may contain a statement of fact based on information and belief if the grounds are set out. (3) Unless the Court otherwise orders, the defendant must serve a copy of any affidavit and of any exhibit referred to in the affidavit or affidavits on the plaintiff not less than 3 days before the day for hearing named in the summons. 22.06 Affidavit in reply (1) If the defendant serves an affidavit under Rule 22.05, the Court may by order allow the plaintiff to rely upon an affidavit in reply. (2) Rule 22.04(2) and (3) apply, with any necessary modification, to an affidavit in reply made under this Rule. 22.07 Cross-examination on affidavit (1) The Court may order any party or the maker of any affidavit— (a) to attend and be examined and cross‑examined; or (b) to produce any documents, or copies of or extracts from those documents. (2) If a party is a corporation, the Court may make an order under paragraph (1) in respect of any director, manager, secretary or other similar officer of the corporation or any person purporting to act in any such capacity. 22.08 Hearing of application (1) Subject to Part 4.4 of the **Civil Procedure Act 2010**, on the hearing of an application the Court may— (a) dismiss the application; or (b) give such judgment for the plaintiff against the defendant on the claim or the part of the claim to which the application relates as is appropriate, having regard to the nature of the relief or remedy claimed; or (c) give the defendant leave to defend with respect to the claim or the part of the claim to which the application relates either unconditionally or on terms as to giving security, paying money into court, time, the mode of trial or otherwise; or (d) with the consent of all parties, dispose of the proceeding finally in a summary manner. (2) The Court may stay execution of any judgment given under paragraph (1)(b) until after the trial of any other claim or counterclaim which remains outstanding in the proceeding as between the relevant parties. **22.09 * * * * *** 22.10 Judgment where debt amount unascertained If on an application under section 61 of the **Civil Procedure Act 2010** for summary judgment on a claim for a debt the amount of the debt is not established to the satisfaction of the Court, and where if the amount were established the Court would give summary judgment on the claim under section 63 of that Act, the Court may— (a) make a declaration as to liability for the debt and order that its amount be ascertained in such manner as the Court directs; and (b) give leave to enter judgment for the debt once the amount is ascertained. 22.11 Directions (1) If on an application under section 61 of the **Civil Procedure Act 2010** for summary judgment leave is given to defend or summary judgment is given on a claim or part of a claim but execution of the judgment is stayed pending the trial of an outstanding claim or counterclaim or of the proceeding, as the case may be, the Court may give directions as to the further conduct of the proceeding. (2) The Court— (a) may direct that an affidavit made under this Order must serve as a defence or defence and counterclaim; and (b) may order the proceeding to be set down for trial without delay; and (c) may define the questions to be tried. 22.12 Continuing for other claim or against other defendant If the plaintiff obtains summary judgment under section 63 of the **Civil Procedure Act 2010** on a claim or part of a claim against any defendant, the plaintiff may continue with the proceeding for any other claim or for the remainder of the claim or against any other defendant. 22.13 Judgment for delivery up of chattel If the Court gives summary judgment under section 63 of the **Civil Procedure Act 2010** for the delivery up of a specific chattel, it may order the party against whom judgment is given to deliver up the chattel without giving the party an option to retain it on paying the assessed value of the chattel. **22.14 * * * * *** 22.15 Setting aside judgment The Court may set aside or vary any judgment given against a party who does not attend on the hearing of an application under section 61 of the **Civil Procedure Act 2010**. Part 3—Application by defendant for summary judgment 22.16 Application by defendant for judgment An application under section 62 of the **Civil Procedure Act 2010** by a defendant in a civil proceeding for summary judgment in the proceeding must be made in accordance with this Part of this Order. 22.17 Summons The application must be made by summons, which must be in Form 22B. 22.18 Affidavit in support (1) If the defendant intends to rely on an affidavit in support of the application, the affidavit must be filed with the summons. (2) If a statement in a document tends to establish a fact upon which the defendant relies and at the trial of the proceeding the document would be admissible by or under the **Evidence (Miscellaneous Provisions) Act 1958**, the **Evidence Act 2008** or any other Act to verify the fact, the affidavit may set forth the statement. (3) An affidavit relied upon by the defendant may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted. (4) The defendant must serve the summons and a copy of any affidavit in support and of any exhibit referred to in the affidavit on the plaintiff not less than 14 days before the day for hearing named in the summons. 22.19 Plaintiff to show cause (1) The plaintiff may show cause against the application by affidavit or otherwise to the satisfaction of the Court. (2) An affidavit under paragraph (1) may contain a statement of fact based on information and belief if the grounds are set out. (3) Unless the Court otherwise orders, the plaintiff must serve a copy of any affidavit and of any exhibit referred to in the affidavit on the defendant not less than 3 days before the day for hearing named in the summons. 22.20 Affidavit in reply (1) If the plaintiff serves an affidavit under Rule 22.19, the Court may by order allow the defendant to rely upon an affidavit in reply. (2) Rule 22.18(2) and (3) apply, with any necessary modification, to an affidavit in reply made under this Rule. 22.21 Cross-examination on affidavit (1) The Court may order any party or the maker of any affidavit— (a) to attend and be examined and cross‑examined; or (b) to produce any documents, or copies of or extracts from those documents. (2) If a party is a corporation, the Court may make an order under paragraph (1) in respect of any director, manager, secretary or other similar officer of the corporation or any person purporting to act in any such capacity. 22.22 Hearing of application Subject to Part 4.4 of the **Civil Procedure Act 2010**, on the hearing of an application the Court may— (a) dismiss the application; or (b) give such judgment for the defendant against the plaintiff on the claim or the part of the claim to which the application relates as is appropriate (including the grant of any appropriate stay of the proceeding), having regard to the nature of the relief or remedy claimed; or (c) with the consent of all parties, dispose of the proceeding finally in a summary manner. 22.23 Setting aside judgment The Court may set aside or vary any judgment given against a party who does not attend on the hearing of an application under section 62 of the **Civil Procedure Act 2010**. Part 4—Application by or against third or subsequent party 22.24 Third or subsequent party (1) A party who has joined a third or subsequent party to a civil proceeding may apply to the Court for summary judgment against the third or subsequent party on the ground that the defence or part of the defence of that party has no real prospect of success. (2) A party joined as a third or subsequent party to a civil proceeding may apply to the Court for summary judgment on the ground that the claim made against the party or part of that claim has no real prospect of success. (3) Part 2 of this Order applies, with any necessary modifications, to an application under paragraph (1). (4) Part 3 of this Order applies, with any necessary modifications, to an application under paragraph (2). (5) The Court may order that a claim made by or against a third or subsequent party proceed to trial if the Court is satisfied that, despite there being no real prospect of success, the claim should not be disposed of summarily because— (a) it is not in the interests of justice to do so; or (b) the dispute is of such a nature that only a full hearing on the merits is appropriate. Order 23—Summary stay or dismissal of claim and striking out statement of claim or defence 23.01 Stay or judgment in proceeding (1) If a proceeding generally or any claim in a proceeding— (a) is scandalous, frivolous or vexatious; or (b) is an abuse of the process of the Court— the Court may upon the application of a defendant who has filed a defence stay the proceeding generally or in relation to any claim or give judgment for the defendant in the proceeding generally or in relation to any claim. (2) If the defence to any claim in a proceeding is scandalous, frivolous or vexatious, the Court may give judgment for the plaintiff in the proceeding generally or in relation to any claim. (3) In this Rule a claim in a proceeding includes a claim by counterclaim and a claim by third party notice, and a defence includes a defence to a counterclaim and a defence to a claim by third party notice. 23.02 Striking out pleading (1) If a statement of claim, defence or reply or any part of a statement of claim, defence or reply— (a) does not disclose a cause of action or defence; or (b) is scandalous, frivolous or vexatious; or (c) may prejudice, embarrass or delay the fair hearing of the proceeding; or (d) is otherwise an abuse of the process of the Court— the Court may order that the whole or part of the statement of claim, defence or reply be struck out or amended. (2) This Rule, with any necessary modification, applies where the defendant counterclaims or claims against a third party. 23.04 Affidavit evidence (1) On an application under Rule 23.01 evidence is admissible for any party by affidavit or, if the Court thinks fit, orally. (2) On an application under Rule 23.02 no evidence is admissible on the question whether a claim or pleading offends against that Rule. (3) Rule 22.07 or Rule 22.21, as the case requires, applies to an affidavit under paragraph (1). **23.05 * * * * *** Order 24—Order on failure to prosecute or obey order for particulars or discovery 24.01 Order on dismissal The Court may order that a proceeding be dismissed for want of prosecution. 24.02 Failure to obey order (1) If a party fails to comply with an order to give particulars of any pleading or with an order for the discovery or inspection of documents or for answers to interrogatories, the Court may order— (a) if the party is the plaintiff, that the proceeding be dismissed; (b) if the party is a defendant, that the defendant's defence, if any, be struck out. (2) A defendant whose defence is struck out in accordance with paragraph (1)(b) must, for the purpose of Rule 21.01(1), be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose. 24.03 Stay on non-payment of costs If— (a) a proceeding is dismissed for want of prosecution and the plaintiff is liable to pay the costs of the defendant of the proceeding; and (b) the plaintiff, before paying those costs commences another proceeding for the same, or substantially the same, cause of action— the Court may by order stay the proceeding until those costs are paid. 24.04 Counterclaim and third party claim This Order applies, with any necessary modification, to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding. **24.05 * * * * *** 24.06 Setting aside order The Court may set aside or vary— (a) an order under this Order; (b) a final order made or given upon the failure of a party to do any act or take any step which under these Rules the party is required to do or take or to comply with an order that the party do any such act or take any such step. Order 25—Discontinuance and withdrawal 25.01 Withdrawal of notice of defence (1) A party who has filed a notice of defence in a proceeding may withdraw the notice of defence at any time with the leave of the Court. (2) Despite paragraph (1), a party who has filed a notice of defence in a proceeding in which the monetary amount sought is less than the amount set out in section 102(1) of the Act may withdraw the notice of defence at any time without the leave of the Court. 25.02 Discontinuance or withdrawal of proceeding or claim (1) A plaintiff may discontinue a proceeding or withdraw any part of it at any time, by leave of the Court or with the consent of all other parties. (2) A defendant may discontinue a counterclaim or withdraw any part of it at any time, by leave of the Court or with the consent of all other parties to the counterclaim. (3) At any time the plaintiff may withdraw a notice of defence to counterclaim or any part of it and a defendant may withdraw the defendant's notice of defence or any part of it. (4) Paragraph (3) does not enable a party to withdraw an admission or any other matter operating for the benefit of another party without the consent of that party or the leave of the Court. (5) A defendant who has joined a third party may discontinue the claim made against the third party by the third party notice or withdraw any part of the claim at any time by leave of the Court or with the consent of the third party. 25.02.1 Small claims—discontinuance or withdrawal of proceeding or claim (1) Despite Rule 25.02(1), a plaintiff may discontinue a proceeding in which the monetary relief sought is less than the amount set out in section 102(1) of the Act or withdraw any part of the proceeding at any time without the leave of the Court or the consent of all other parties. (2) Despite Rule 25.02(2), a defendant may discontinue a counterclaim in which the monetary relief sought is less than the amount set out in section 102(1) of the Act or withdraw any part of the counterclaim at any time without the leave of the Court or the consent of all other parties to the counterclaim. (3) Despite Rule 25.02(5), a defendant who has joined a third party in relation to a claim in which the monetary relief sought is less than the amount set out in section 102(1) of the Act may discontinue the claim made against the third party by the third party notice or withdraw any part of the claim at any time without the leave of the Court or the consent of the third party. **25.03 * * * * *** 25.04 Notice of discontinuance or withdrawal (1) A discontinuance or withdrawal without the leave of the Court must be made by filing a notice stating the extent of the discontinuance or withdrawal. (2) When the discontinuance or withdrawal is with the consent of other parties the notice under paragraph (1) must be indorsed with the consent of each party who consents. (3) On the day the notice is filed a copy must be served on each other party. 25.05 Costs If a proceeding, counterclaim or claim by third party notice is discontinued, or where part of a proceeding, counterclaim or third party notice is withdrawn, liability for costs must be determined in accordance with Rule 63.15. 25.06 Discontinuance or withdrawal no defence The discontinuance of a proceeding, counterclaim or claim by third party notice or the withdrawal of any part of a proceeding, counterclaim or claim by third party notice is not to be a defence to a subsequent proceeding for the same, or substantially the same, cause of action, unless the Court otherwise provides by any order granting leave to discontinue or withdraw. 25.07 Stay on non-payment of costs If by reason of a discontinuance or a withdrawal under this Order a party is liable to pay the costs of any other party, and the party, before paying those costs, commences another proceeding for the same, or substantially the same, cause of action, the Court may by order stay the proceeding until those costs are paid. Order 26—Offers of compromise Part 1—Interpretation 26.01 Definitions ***business day*** means a day other than a Saturday, a Sunday or a public holiday within the meaning of the **Public Holidays Act 1993**; ***claim*** includes a counterclaim and any claim made in accordance with Order 11; ***defendant*** includes a defendant by counterclaim and a party against whom a claim is made in accordance with Order 11; ***plaintiff*** includes a defendant who serves a counterclaim and a party who makes a claim in accordance with Order 11. Part 2—Offers of compromise 26.02 Offers of compromise generally (1) A party may, in respect of any claim in a proceeding, serve on another party an offer of compromise on the terms specified in the offer. (2) An offer of compromise in respect of a claim may be on terms that take into account any other claim made in the proceeding between the parties. (3) An offer of compromise must— (a) be in writing and prepared in accordance with Rules 27.02 to 27.04; and (b) contain a statement to the effect that it is served in accordance with this Order. (4) An offer of compromise must state either— (a) that the offer is inclusive of costs; or (b) that costs are to be paid or received, as the case may be, in addition to the offer. (5) For the avoidance of any doubt, the making of or acceptance of an offer of compromise under this Order does not affect the operation of the following concerning the awarding of costs— (a) section 105 of the Act; and (b) any regulations made under section 105 of the Act. 26.03 Time for making, accepting etc. offer (1) An offer of compromise may be served at any time before an order in respect of the claim to which it relates. (2) A party may serve more than one offer of compromise. (3) An offer of compromise may be expressed to be limited as to the time the offer is open to be accepted after service on the party to whom it is made, but the time expressed must not be less than 7 days after such service. (4) A party on whom an offer of compromise is served may accept the offer by serving notice of acceptance in writing on the party who made the offer before— (a) the expiration of the time specified in accordance with paragraph (3) or, if no time is specified, the expiration of 7 days after service of the offer; or (b) an order in respect of the claim to which the offer relates— whichever event is the sooner. (5) An offer of compromise must not be withdrawn during the time it is open to be accepted, unless the Court otherwise orders. (6) An offer of compromise is open to be accepted within the period referred to in paragraph (5) notwithstanding that during that period the party on whom the offer is served makes an offer of compromise to the party who served the offer of compromise, whether or not the offer made by the party served is made in accordance with this Part. (7) Upon the acceptance of an offer of compromise that states that costs are to be paid or received in addition to the offer, then, unless the offer otherwise provides or the Court otherwise orders— (a) such costs are to be paid or received in respect of the claim up to and including the day the offer was served; and (b) liability for any costs in respect of the claim in relation to any subsequent period are in the discretion of the Court; and (c) any party to the accepted offer may apply for such costs to be taxed by the Costs Court. 26.03.1 Time for payment An offer of compromise providing for payment of a specified sum of money to a party must, unless it otherwise provides, be taken to be an offer providing for payment of that sum within 30 days after acceptance of the offer. 26.04 Effect of offer An offer of compromise made in accordance with this Part must be taken to be an offer of compromise made without prejudice, unless the offer otherwise provides. 26.05 Disclosure of offer to Court (1) No statement of the fact that an offer of compromise has been made must be contained in any document filed in the proceeding. (2) If an offer of compromise has not been accepted, then, except as provided by Rule 26.08(6), communication with respect to the offer must not be made to the Court on the hearing of the proceeding until after all questions of liability and the relief to be granted have been determined. (3) Paragraphs (1) and (2) do not apply where an offer of compromise provides that the offer is not made without prejudice. 26.06 Party under disability A person under disability may make or accept an offer of compromise, but an acceptance of an offer made by the person and an acceptance by that person of an offer is not binding until the Court has approved the compromise. 26.07 Withdrawal of acceptance (1) A party who has accepted an offer for the payment to that party of a sum of money may withdraw the acceptance if— (a) the sum of money is not paid— (i) within the time provided by the offer; or (ii) if no time is specified by the offer, within 30 days after acceptance of the offer; and (b) the Court, on the application of the party who accepted the offer, gives leave. (2) A party seeking the leave of the Court under paragraph (1)(b) may also seek orders— (a) to restore the parties as nearly as practicable to each party's position in the proceeding at the time of acceptance; and (b) as to the further conduct of the proceeding. 26.07.1 Failure to comply with accepted offer If, after acceptance of an offer of compromise, a party to the accepted offer defaults in complying with that party's obligations under the offer, any non-defaulting party to the accepted offer may apply to the Court for an order— (a) giving effect to the accepted offer; or (b) staying or dismissing the proceeding if the plaintiff is in default; or (c) striking out the defendant's defence if the defendant is in default; or (d) that a claim, not the subject of the offer, is to proceed. 26.07.2 Multiple defendants (1) Rule 26.07.1 does not apply if— (a) two or more defendants are alleged to be jointly, or jointly and severally, liable to the plaintiff for a debt or damages; and (b) rights of contribution or indemnity appear to exist between the defendants. (2) Notwithstanding paragraph (1), Rule 26.07.1 applies if— (a) in the case of an offer made by the plaintiff, the offer— (i) is made to all defendants; and (ii) is an offer to compromise the claim against all of them; or (b) in the case of an offer made to the plaintiff— (i) the offer is to compromise the claim against all defendants; and (ii) if the offer is made by 2 or more defendants, those defendants offer to be jointly, or jointly and severally, liable to the plaintiff for the whole amount of the offer. 26.08 Costs consequences of failure to accept (1) This Rule applies to an offer of compromise which has not been accepted at the time of an order on the claim to which the offer relates. (2) If an offer of compromise is made by a plaintiff and not accepted by the defendant, and the plaintiff obtains an order on the claim to which the offer relates no less favourable to the plaintiff than the terms of the offer, then, unless the Court otherwise orders, the plaintiff is entitled— (a) if the claim of the plaintiff is for damages for or arising out of death or bodily injury—to an order against the defendant for costs in respect of the claim fixed on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by 25%; (b) in the case of any other claim of the plaintiff—to an order against the defendant for the plaintiff's costs in respect of the claim before 11.00 a.m. on the second business day after the offer was served, fixed on the appropriate scale in Appendix A and for the plaintiff's costs thereafter fixed on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by 25%. (3) If an offer of compromise is made by a defendant and not accepted by the plaintiff, and the plaintiff obtains an order on the claim to which the offer relates not more favourable than the terms of the offer, then, unless the Court otherwise orders— (a) the plaintiff is entitled to an order against the defendant for the plaintiff's costs in respect of the claim before 11.00 a.m. on the second business day after the offer was served, fixed on the appropriate scale in Appendix A; and (b) the defendant is entitled to an order against the plaintiff for the defendant's costs in respect of the claim thereafter fixed on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by 25%. (4) If an offer of compromise is made by a defendant and the plaintiff unreasonably fails to accept the offer and the claim to which the offer relates is dismissed or an order on the claim is made in favour of the defendant, then unless the Court otherwise orders— (a) the defendant is entitled to an order against the plaintiff for the defendant's costs in respect of the claim until 11.00 a.m. on the second business day after the offer was served, on the appropriate scale in Appendix A; and (b) the defendant is entitled to an order against the plaintiff in respect of the defendant's costs after the time referred to in paragraph (a) on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by 25%. (5) If a plaintiff obtains an order of the Court for the recovery of a debt or damages and— (a) the order includes an amount for interest or damages in the nature of interest; or (b) by or under any Act the Court awards the plaintiff interest or damages in the nature of interest— for the purpose of determining the consequences as to costs referred to in paragraphs (2) and (3) the Court must disregard so much of the amount recovered by or awarded to the plaintiff for interest or damages in the nature of interest as relates to the period after the day the offer of compromise was served. (6) For the purpose only of paragraph (5), the Court may be informed of the fact that the offer of compromise was served, and of the date of service, but must not be informed of its terms. (7) Paragraphs (2), (3) and (4) do not apply unless the Court is satisfied by the party serving the offer of compromise that that party was at all material times willing and able to carry out that party's part of what was proposed in the offer. (8) If the plaintiff obtains an order for the recovery of a debt or damages, and the amount of the debt or the damages was not in dispute, but only the question of liability, paragraph (2) does not apply unless the Court is satisfied that the plaintiff's offer was of a genuine compromise. 26.08.1 Pre-litigation offers (a) a party, before a proceeding has commenced, has made an offer in writing to another party (whether or not expressed to be without prejudice) to compromise any claim on the terms specified in the offer; and (b) the offer was open to be accepted for a period of at least 7 days after the offer was made, but was not accepted; and (c) in a proceeding, the offeror obtains an order in respect of the claim no less favourable to the offeror than the terms of the offer— the Court may take those matters into account in determining what order for costs to make in respect of the costs of the proceeding. (2) In exercising its discretion as to costs in accordance with paragraph (1), the Court may order that the offeree pay all or part of the offeror's costs of the proceeding fixed on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by an amount not exceeding 50%, from— (a) the day the offer was made; or (b) the commencement of the proceeding; or (c) any other time that the Court thinks fit. 26.10 Contributor parties (1) If 2 or more parties (the ***contributor parties***) may be held liable to contribute towards an amount of debt or damages that may be recovered from the contributor parties, any of those contributor parties may, without prejudice to that contributor party's defence, make an offer to another contributor party, to contribute, to a specified extent, to the amount of the debt or damages. (2) If an offer is made by a contributor party (the ***first contributor party***) and not accepted by another contributor party, and the first contributor party obtains an order against the other contributor party more favourable than the terms of the offer, then, unless the Court otherwise orders, the first contributor party is entitled to an order that the contributor party who did not accept the offer pay the costs incurred by the first contributor party— (a) before 11.00 a.m. on the second business day after the offer was served—fixed on the applicable scale in Appendix A; and (b) after the time referred to in paragraph (a)—fixed on the applicable scale in Appendix A, as if the costs prescribed by that scale were increased by 25%. **26.11 * * * * *** **26.12 * * * * *** Order 27—Content and form of Court documents 27.01 Conformity with Rules Except to the extent that the nature of the document renders compliance impracticable, a document prepared by a party for use in the Court must be prepared in accordance with these Rules. 27.02 Heading and title of document (1) A document must be headed "In the Magistrates' Court of Victoria at", or, if the document is in a proceeding in the Industrial Division of the Court or a proceeding to be commenced in the Industrial Division of the Court "In the Magistrates' Court of Victoria (Industrial Division) at" stating the proper venue of the Court in which the proceeding is or is to be commenced and must show any identifying number assigned by the Court to the proceeding. (2) Subject to paragraphs (4) and (5), the heading of a document must include the title to the proceeding and the title to the proceeding must name all the parties. (3) Except where otherwise provided by these Rules, a document in a proceeding in which there is no defendant must be entitled "The application of", naming the plaintiff. (4) If there are more than 2 plaintiffs, the heading of a document must state the full name of the first plaintiff followed by the words "and others" and similarly with respect to defendants and other parties. (5) In the case of a document which is a complaint or an order or process of execution, if the heading of the document is in accordance with paragraph (4)— (a) immediately after the words "and others" in the title to the document there must follow the words "according to the schedule"; and (b) a schedule stating the full names of all the parties to the proceeding, and dated, must be part of the document. 27.03 Form of document (1) A document must— (a) be of durable white paper 297 millimetres by 210 millimetres, the size known as International Paper Size A4; and (b) be capable of receiving writing in ink. (2) Both sides of the paper may be used, with double spacing between the lines and a left-hand margin of at least 25 millimetres. (3) The text of a document must be clear, sharp, legible and permanent. (4) A document must not bear any erasure or alteration that causes material disfigurement. (5) Subject to Rule 27.02(4) and (5), the heading of the document— (a) must be indorsed on the first sheet of the document; and (b) must be followed immediately by a short description of the document. (6) The heading must occupy a space at the top of the first sheet of the document not exceeding 100 millimetres in depth. (7) The description of the document must, in the case of an affidavit, include the name of the deponent. (8) A document must also be indorsed on the first sheet with— (a) the date of the document; and (b) the party or other person on whose behalf it is filed; and (c) if an Australian lawyer prepares the document, particulars in accordance with paragraph (11); and (d) if the party or person on whose behalf the document is filed is acting without an Australian lawyer, particulars in accordance with paragraph (12). (9) The indorsements referred to in paragraph (8) must occupy a space immediately following the description of the document and not exceeding 50 millimetres in depth. (10) Paragraph (8)(a) is satisfied by indorsement with— (a) in the case of a complaint, the date of filing; (b) in the case of a pleading, the date the document was made; (c) in the case of an affidavit, the date of swearing or affirming. (11) The particulars referred to in paragraph (8)(c) are— (a) the name, address, telephone number, document exchange number and code reference of the Australian lawyer's firm; and (b) the name and email address (if any) of an individual in the firm to whom reference can be made in respect of the proceeding. (12) The particulars referred to in paragraph (8)(d) are the name, address, telephone number (landline or mobile) and email address of the party or other person on whose behalf the document is filed. (13) A document or copy document that is to be filed must not be folded and, if comprising more than one sheet, must be fastened only at the top left‑hand corner. (13.1) A PDF document to be filed in the Court— (a) must be fully text searchable; and (b) must have page numbers that correspond with the display page numbers of the PDF viewer. (14) The Court may require any document to be prepared in any manner it thinks fit. 27.04 Numbers Dates, amounts and other numbers must be expressed in figures and not in words. 27.05 Copies on request (1) A party who prepares a document for use in the Court must, on the request of any other party entitled to a copy of the document and on payment of a charge at the rate set out in Appendix A for photocopying a document, supply that party with a photocopy of the document. (2) A person against whom an order is made without notice is entitled to a copy of any document used in support of the application for the order, and paragraph (1) applies accordingly. 27.06 Registrar refusing to accept documents (1) A registrar may refuse to accept a document if the registrar considers that the form or contents of the document show that were the document to be accepted the proceeding to be commenced would be irregular or an abuse of the process of the Court. (2) If a document for use in the Court is not prepared in accordance with these Rules or any order of the Court— (a) the registrar may refuse to accept it for filing without the direction of the Court; (b) the Court may order that the party responsible is not entitled to rely on it in any manner in the proceeding until a document which is properly prepared is filed. (3) The Court may direct the registrar to accept a document for filing. 27.07 Scandalous matter If a document for use in the Court contains scandalous, irrelevant or otherwise oppressive matter, the Court may order— (a) that the matter be struck out; or (b) if the document has been filed, that it be taken off the file. Order 28—Filing Rule 28.01 substituted by S.R. No. 102/2022 rule 18. 28.01 Filing of documents Subject to any Court order or any other Rule to the contrary, filing of a document is effected by— (a) lodging the document with the registrar in the office of the Court at the proper venue of the Court; or Rule 28.01.1 substituted by S.R. No. 102/2022 rule 19. 28.01.1 Counterclaim or third party notice processed by CMS A counterclaim or third party notice filed electronically may be processed by CMS. **28.02 * * * * *** 28.03 Validity of complaint, counterclaim or third party notice A complaint, counterclaim or third party notice is valid for all purposes if it bears the allocated Court number and the date of filing. 28.04 Seal of Court (1) The principal registrar and every registrar must each have in that person's custody a stamp the design of which must as near as practicable be the same as the design of the seal of the Court with the addition of, in the case of— (a) the principal registrar, the words "Principal Registrar"; (b) a registrar, the word "Registrar". (2) Marking a document or a copy of a document with a stamp referred to in paragraph (1) is sufficient compliance with any requirements of these Rules or an order of the Court that the document or copy be sealed with the seal of the Court. Rule 28.05 substituted by S.R. No. 54/2022 rule 5. 28.05 Inspection of documents (1) Subject to this Rule, when the office of the Court is open, any person, on payment of the proper fee, may inspect and obtain a copy of any document filed in a proceeding. (2) A person not a party may not inspect or obtain a copy of the following documents without leave of the Court— (a) affidavits; (b) exhibits to affidavits; (c) witness statements; (d) expert reports, including those filed pursuant to Order 33 or Order 44 of these Rules; (e) written submissions, outlines of argument and chronologies. (3) Paragraph (2) does not apply to a document that has been— (a) read or relied on in open court; or (b) relied on in an application determined without a hearing. (4) No person may inspect or obtain a copy of a document which the Court has ordered remain confidential. (5) A person not a party may not, without leave of the Court, inspect or obtain a copy of a document which in the opinion of the Registrar ought to remain confidential to the parties. **28.06 * * * * *** Order 29—Discovery and inspection of documents 29.01 Definition In this Order, ***possession*** means possession, custody or power. 29.01.1 Scope of discovery (1) Unless the Court otherwise orders, discovery of documents pursuant to this Order is limited to the documents referred to in paragraph (3). (2) Paragraph (1) applies despite any other rule of law to the contrary. (3) Without limiting Rule 29.05, for the purposes of this Order, the documents required to be discovered are any of the following documents of which the party giving discovery is, after a reasonable search, aware at the time discovery is given— (a) documents on which the party relies; (b) documents that adversely affect the party's own case; (c) documents that adversely affect another party's case; (d) documents that support another party's case. (4) Notwithstanding paragraph (3)— (a) if a party giving discovery reasonably believes that a document is already in the possession of the party to which discovery is given, the party giving discovery is not required to discover that document; (b) a party required to give discovery who has, or has had in the party's possession more than one copy, however made, of a particular document is not required to give discovery of additional copies by reason only of the fact that the original or any other copy is discoverable. (5) For the purposes of paragraph (3), in making a reasonable search a party may take the following into account— (a) the nature and complexity of the proceeding; (b) the number of documents involved; (c) the ease and cost of retrieving a document; (d) the significance of any document to be found; and (e) any other relevant matter. 29.02 Notice for discovery (1) Except where these Rules otherwise provide, any party to a proceeding may serve on any other party a notice for discovery requiring the party served to make discovery of all documents which are or have been in that party's possession and which, in accordance with Rule 29.01.1, are required to be discovered. (2) A notice for discovery must be in Form 29A. (3) Despite paragraph (1), a notice for discovery must not be served without leave of the Court in— (a) a proceeding under the **Workplace Injury Rehabilitation and Compensation Act 2013**; and (b) a proceeding under the **Accident Compensation Act 1985**; and (c) a proceeding under the **Workers Compensation Act 1958**. (4) If leave is granted under paragraph (3), Rule 63.04 does not apply, unless the Court otherwise orders. (5) A notice for discovery must not be served more than 28 days after the day on which notice of defence is given unless the Court otherwise orders. 29.03 Time for making discovery A party on whom a notice for discovery is served must, within 28 days after service of the notice, make discovery of documents. 29.04 Affidavit of documents (1) An affidavit of documents for the purpose of making discovery of documents must be in Form 29B and must— (a) identify the documents which are or have been in the possession of the party making the affidavit; and (b) enumerate the documents in convenient order and describe each document or, in the case of a group of documents of the same nature, describe the group, sufficiently to enable the document or group to be identified; and (c) distinguish those documents which are in possession of the party making the affidavit from those that have been but are no longer in the party's possession, and as to any document which has been but is no longer in the possession of the party, state when the party parted with the document and the party's belief as to what has become of it; and (d) if the party making the affidavit claims that any document in the party's possession is privileged from production, state sufficiently the grounds of the privilege. (2) If a party required to give discovery in accordance with Rule 29.01.1 does not, in making a reasonable search as required by Rule 29.01.1, search for a category or class of document, the party must include in the affidavit of documents a statement of— (a) the category or class of document not searched for; and (b) the reason why. 29.05 Order limiting discovery In order to prevent unnecessary discovery, the Court may, before or after any party is required to make discovery by virtue of a notice for discovery served in accordance with Rule 29.02, order that discovery by any party is not be required or must be limited to such documents or classes of document, or to such of the questions in the proceeding, as are specified in the order. 29.05.1 Order for general discovery At any stage of a proceeding, the Court may order any party to give discovery in accordance with Rule 29.01.1. 29.05.2 Order for expanded discovery (1) At any stage of a proceeding, the Court may, by order, expand a party's obligation to give discovery beyond that required by Rule 29.01.1. (2) Without limiting any power of the Court, an order under paragraph (1) may specify any document or class of document to which the expanded obligation relates. 29.06 Co-defendants and third party (1) A defendant who has pleaded shall be entitled to obtain from the party making discovery a copy of any affidavit of documents served on— (a) the plaintiff by any other defendant to the proceeding; (b) any other defendant by the plaintiff. (2) Where the defendant has served a counterclaim joining another person with the plaintiff as defendant to the counterclaim in accordance with Rule 10.03, paragraph (1), with any necessary modification, applies as if— (a) the defendant were the plaintiff; and (b) the plaintiff and the other person were the defendants. (3) A third party who has pleaded shall be entitled to obtain from the party making discovery a copy of any affidavit of documents served— (a) by the plaintiff on the defendant by whom the third party was joined; (b) on the plaintiff by that defendant. **29.07 * * * * *** 29.08 Order for particular discovery (1) This Rule applies to any proceeding in the Court. (2) If, at any stage of a proceeding, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed in the proceeding that there are grounds for a belief that some document or class of document relating to any question in the proceeding may be or may have been in the possession of a party, the Court may order that party to make and serve on any other party an affidavit stating— (a) whether that document or any, and if so what, document or documents of that class is or has been in that party's possession; and (b) if it has been but is no longer in that party's possession, when the party parted with it and that party's belief as to what has become of it. (3) An order may be made against a party under paragraph (2) notwithstanding that the party has already made or been required to make an affidavit of documents. 29.09 Inspection of documents referred to in affidavit of documents (1) A party upon whom an affidavit of documents is served in accordance with Rule 29.03 or in accordance with an order made under Rule 29.08 may, by notice to produce, served on the party making the affidavit, require that the party produce the documents in that party's possession referred to in the affidavit (other than any which that party objects to produce) for inspection. (2) A party upon whom a notice to produce is served in accordance with paragraph (1) must, within 7 days after that service, serve on the party requiring production a notice appointing a time within 7 days after service of the notice under this paragraph when, and a place where, the documents may be inspected. (3) A notice to produce under paragraph (1) must be in Form 29C. (4) A party to whom documents are produced for inspection under this Rule may take copies of the documents. (5) For the purpose of paragraph (4), taking a copy of a document includes photocopying the document, and if the party to whom a document is produced states that the party wishes to have it photocopied, the party producing the document must at that party's option either— (a) allow the other party to photocopy the document at such place as the parties agree; or (b) supply the other party with a photocopy of the document. (6) Unless the Court otherwise orders, the cost of a photocopy of a document supplied to a party in accordance with paragraph (5) must— (a) be borne by that party in the first instance and be ultimately a cost in the proceeding; and (b) be in the amount allowed in Appendix A for copy documents. 29.10 Inspection of documents referred to in pleadings and affidavits (1) This Rule applies to any proceeding. (2) If, in the originating process filed by a party or in any pleading, interrogatories or answers, affidavit, or notice filed by a party, reference is made to a document, any other party, by notice to produce served on that party, may require that party to produce the document for inspection. (3) Except as provided by paragraph (4), Rule 29.09, with any necessary modification, applies to the production and inspection of a document under this Rule. (4) A party upon whom a notice to produce is served under paragraph (2) is not required to produce a document for inspection if— (a) the party claims that the document is privileged from production, and that party makes and serves on the other party an affidavit in which the party— (i) makes that claim; and (ii) states sufficiently the grounds of the privilege; (b) the document is not in that party's possession, and the party makes and serves on the other party an affidavit in which the party— (i) states that fact; and (ii) states to the best of the party's knowledge, information and belief where the document is and in whose possession it is; and (iii) where the document has been but is no longer in the party's possession, when the party parted with it and the party's belief as to what has become of it. (5) A notice to produce under paragraph (2) must be in Form 29C. 29.11 Order for discovery If a party— (a) fails to make discovery of documents in accordance with Rules 29.03 and 29.04; or (b) fails to serve a notice appointing a time for inspection of documents as required by Rule 29.09 or 29.10; or (c) objects to produce any document for inspection; or (d) offers inspection unreasonable as to time or place; or (e) objects to allow any document to be photocopied or to supply a photocopy of the document— the Court may order the party to do such act as the case requires. 29.12 Direction as to documents (1) Where a party is entitled under this Order to inspect a document which consists of— (a) a video tape, audio tape, disc, film or other means of recording, the Court may give directions— (i) for the screening or playing thereof; and (ii) for the making by or supply to the party of a transcript of the recording (in so far as it can be transcribed) or a copy of the recording; (b) information which has been processed by or is stored in a computer, the Court may give directions for making the information available. (2) On an application under paragraph (1) the Court may make an order for the costs and expenses of the party against whom an order giving directions is sought. (3) The Court may make an order giving directions on condition that the party applying give security for the costs and expenses of the party against whom the order is made. 29.12.1 Default notice (1) This Rule does not limit the power of the Court under Rule 24.02. (2) If a party required to make discovery of documents fails to make discovery within the time limited by these Rules or fixed by any order of the Court, the party entitled to the discovery may serve on that party a notice in Form 29D. (3) If, within 14 days after service of a notice under paragraph (2), the party on whom the notice is served does not make discovery, the Court may order— (a) if the party required to make discovery is the plaintiff, that the proceeding be dismissed; (b) if the party required to make discovery is a defendant, that the defendant's defence, if any, be struck out. (4) This Rule, with any necessary modification, applies to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding. (5) For the purpose of Rule 21.01(1), a defendant whose defence is struck out in accordance with paragraph (3) must be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose. (6) The Court may set aside or vary an order made under paragraph (3). 29.13 Inspection of document by Court If an application is made for an order under Rule 29.11 and a claim is made that the document is privileged from production or objection to production is made on any other ground, the Court may inspect the document for the purpose of deciding the validity of the claim or objection. **29.14 * * * * *** 29.15 Continuing obligation to make discovery A party who has made an affidavit of documents is under a continuing obligation to make discovery of documents with respect to documents of which the party obtains possession after making the affidavit. 29.16 Discovery after directions If the Court gives directions about discovery or inspection of documents, no party may, without further order, serve notice for discovery on any other party except in accordance with those directions. Order 30—Interrogatories 30.01 Definitions ***interrogating party*** means a party who serves interrogatories; ***party interrogated*** means a party on whom interrogatories are served; ***servant or agent***, in relation to a corporation, includes officer and member. 30.02 When interrogatories allowed (1) Unless these Rules otherwise provide, any party to a proceeding may serve on any other party interrogatories relating to any question between them in the proceeding. (2) Despite paragraph (1) interrogatories must not be served without leave of the Court in— (a) a proceeding under the **Workplace Injury Rehabilitation and Compensation Act 2013**; (b) a proceeding under the **Accident Compensation Act 1985**; (c) a proceeding under the **Workers Compensation Act 1958**. (3) If leave is granted under paragraph (2), Rule 63.04 must not apply, unless the Court otherwise orders. (4) Interrogatories must not be served more than 28 days after the day on which notice of defence is given except with the leave of the Court. 30.03 Statement as to who to answer If interrogatories are to be answered by 2 or more parties, the interrogating party must state in the document containing the interrogatories which of them each party is required to answer. 30.04 Filing interrogatories and time for answers Where interrogatories are served— (a) the interrogating party must without delay file a copy; and (b) the party interrogated must within 28 days after service answer by affidavit, file it and serve a copy on the interrogating party. 30.05 Source for answers to interrogatories (1) A party interrogated must answer each interrogatory in so far as it is not objectionable in accordance with the following provisions— (a) the party must answer from the party's own knowledge of the fact or matter which is inquired after by the interrogatory, and, if the party has no such knowledge, from any belief the party has as to that fact or matter; (b) a party who has no knowledge of the fact or matter inquired after must be taken not to have a belief as to the fact or matter— (i) where the party has no information relating to the fact or matter on which to form a belief; or (ii) where, if the party has such information, for reasonable cause the party has no belief that the information is true; (c) except as provided by subparagraph (d), the party must answer from any belief the party has as to the fact or matter inquired after irrespective of the source of the information on which the belief is formed; (d) the party must not be required to answer from the party's belief as to any fact or matter where the belief is formed on information that was given to the party in a communication the contents of which the party could not, on the ground of privilege, be compelled to disclose; (e) where the party has no personal knowledge of the fact or matter inquired after, the party must, for the purpose of enabling the party to form a belief as to the fact or matter (so far as the party can), make all reasonable inquiries to determine— (i) whether any person has knowledge of the fact or matter which was acquired by that person in the capacity of that party's servant or agent; and (ii) if that is the case, what that knowledge is; (f) the party must make the inquiries referred to in subparagraph (e) notwithstanding that at the time the party is required to answer the interrogatory any person having the relevant knowledge has ceased to be that person's servant or agent; (g) where the party is a corporation, this Rule applies, with any necessary modification, as if— (i) the person who answers the interrogatories on behalf of the corporation were that party; and (ii) in particular, as if the reference in subparagraph (e) to a servant or agent of the party were a reference to a servant or agent of the corporation. (2) If an interrogatory relates to a fact or matter alleged in the pleading of the party interrogated, nothing in paragraph (1)(d) affects the right of the interrogating party to obtain information as to that fact or matter pursuant to an application of the kind referred to in Rule 13.10. 30.06 How interrogatories to be answered (1) A party interrogated must answer each interrogatory specifically by answering the substance of the interrogatory without evasion except in so far as it is objectionable on any of the grounds referred to in Rule 30.07. (2) If the party objects to answer an interrogatory the party must state briefly— (a) the ground of objection; and (b) the facts, if any, on which it is based. 30.07 Ground of objection to answer (1) A party interrogated must answer each interrogatory except to the extent that it may be objected to on any of the following grounds— (a) the interrogatory does not relate to any question between the party and the interrogating party; (b) the interrogatory is unclear or vague or is too wide; (c) the interrogatory is oppressive; (d) the interrogatory requires the party to express an opinion which the party is not qualified to give; (e) privilege. (2) Without limiting paragraph (1)(a), an interrogatory that does not relate to any question includes an interrogatory the sole purpose of which is to— (a) impeach the credit of the party interrogated; or (b) enable the interrogating party to ascertain whether the party has a claim or defence other than that which the party has raised in the proceeding; or (c) enable the interrogating party to ascertain the evidence by which the party interrogated intends to prove the person's case, including the identity of witnesses. (3) A party may not object to answer an interrogatory on the ground that the party cannot answer without going to a place which is not the party's usual place of residence or business if the interrogating party undertakes to pay the reasonable cost of the person going there, unless the Court otherwise orders. 30.08 Who to answer interrogatories (1) Interrogatories must be answered— (a) where the party interrogated is— (i) a natural person, by the party; (ii) a person under disability, by that person or that person's litigation guardian, whichever is appropriate; (iii) a corporation, by an officer of the corporation or by any person duly authorised by it to answer; or (b) by such person as the Court may direct. (2) The answers of a person made in accordance with a direction given under paragraph (1)(b) is as effective and binding in all respects as if made by the party interrogated. 30.09 Failure to answer interrogatories If a party interrogated fails to answer the interrogatories within the time limited or does not answer the interrogatories sufficiently, the Court may order that the party answer or answer further, as the case may be, within such time as it directs. 30.09.1 Default notice (1) This Rule does not limit the power of the Court under Rule 24.02. (2) If a party interrogated fails to answer interrogatories within the time limited by the Rules or fixed by any order of the Court, the interrogating party may serve on that party a notice in Form 30A. (3) If, within 14 days after service of a notice under paragraph (2), the party interrogated does not answer the interrogatories, the Court may order— (a) if the party interrogated is the plaintiff, that the proceeding be dismissed; (b) if the party interrogated is a defendant, that the defendant's defence, if any, be struck out. (4) This Rule, with any necessary modification, applies to a counterclaim and to a claim by third party notice as if the counterclaim or the third party claim were a proceeding. (5) For the purpose of Rule 21.01, a defendant whose defence is struck out in accordance with paragraph (3) must be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose. (6) The Court may set aside or vary an order made under paragraph (3). **30.10 * * * * *** 30.11 Answers as evidence If the answer of a party interrogated is stated to be given on the basis of belief, and the answer is received into evidence, the Court must give the answer such weight as the circumstances require. 30.12 Interrogatories after directions If the Court gives directions about interrogatories or answers to interrogatories, no party may, without further order, serve interrogatories on any other party except in accordance with those directions. Order 31—Discovery by oral examination Order 32—Preliminary discovery and discovery from non‑party 32.01 Definitions ***applicant*** means applicant for an order under this Order; ***description*** includes the name, place of residence, place of business, occupation and sex of the person against whom the applicant desires to bring a proceeding and whether that person is an individual or a corporation; ***possession*** means possession, custody or power. 32.02 Privilege An order made under this Order must not operate to require the person against whom the order is made to produce any document or answer any question which, on the ground of privilege, that person is not required to produce or answer. 32.03 Discovery to identify a defendant (1) The Court may make an order under paragraph (2) if an applicant, having made reasonable inquiries, is unable to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in the Court against that person (in this Rule called ***the person concerned***) and it appears that some person has or is likely to have knowledge of facts, or has or is likely to have or has had or is likely to have had in the person's possession any document or thing, tending to assist in such ascertainment. (2) The Court may order that the person, and in the case of a corporation, the corporation by an appropriate officer, must— (a) attend before the Court to be orally examined in relation to the description of the person concerned; (b) make discovery to the applicant of all documents which are or have been in the possession of the person or the corporation relating to the description of the person concerned. (3) If the Court makes an order under paragraph (2)(a), it may order that the person or corporation against whom or which the order is made must produce to the Court on the examination any document or thing in the person's or the corporation's possession relating to the description of the person concerned. 32.04 Party an applicant Rule 32.03 applies, with any necessary modification, if the applicant is a party to a proceeding and wishes to make in the proceeding against a person who is not a party a claim which the applicant could properly have made in the proceeding had the person been a party. 32.05 Discovery from prospective defendant If— (a) there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from a person whose description the applicant has ascertained; (b) after making all reasonable inquiries, the applicant has not sufficient information to enable the applicant to decide whether to commence a proceeding in the Court to obtain that relief; and (c) there is reasonable cause to believe that that person has or is likely to have or has had or is likely to have had in the person's possession any document relating to the question whether the applicant has the right to obtain the relief and that inspection of the document by the applicant would assist the applicant to make the decision— the Court may order that that person must make discovery to the applicant of any document of the kind described in subparagraph (c). 32.06 Party an applicant Rule 32.05 applies, with any necessary modification, if— (a) the applicant is a party to a proceeding; and (b) there is reasonable cause to believe that the applicant has or may have the right to obtain against a person who is not a party relief which the applicant could properly have claimed in the proceeding had the person been a party. 32.07 Discovery from non-party On the application of any party to a proceeding the Court may order that a person who is not a party and in respect of whom it appears that the person has or is likely to have or has had or is likely to have had in the person's possession any document which relates to any question in the proceeding must make discovery to the applicant of any such document. 32.08 Procedure (1) An application under Rule 32.03 or 32.05 must be made by application served on every party to the proceeding and served personally on the person against whom the order is sought. (2) An application under paragraph (1) must be supported by an affidavit— (a) stating the facts on which the application is made; and (b) specifying or describing the documents or any class of documents in respect of which the order is sought. (3) A copy of the supporting affidavit must be served on every person on whom the application is served. 32.09 Inspection of documents Rule 29.09, with any necessary modification, applies to the inspection of the documents referred to in an affidavit of documents made and served in accordance with this Order as if the affidavit were an affidavit of documents as referred to in Rule 29.09(1). 32.10 Directions as to documents Rule 29.12, with any necessary modification, applies to the inspection of a document under this Order. 32.11 Costs (1) On an application under this Order the Court may make an order for the costs and expenses of the applicant, of the person against whom the order is made or sought and of any party to the proceeding, including the costs of— (a) making and serving any affidavit of documents; or (b) producing any document for inspection in accordance with Rule 32.09; or (c) complying with any direction given under Rule 32.10. (2) The Court may make an order under this Order on condition that the applicant give security for the costs and expenses of the person against whom the order is made. Order 33—Medical examination and service of hospital and medical reports 33.01 Application This Order applies to a proceeding under any of the following— (a) under the **Workplace Injury Rehabilitation and Compensation Act 2013**; (b) under the **Accident Compensation Act 1985**; (c) under the **Workers Compensation Act 1958**; (d) in which the plaintiff claims damages for, or otherwise claims in respect of, bodily injury. 33.02 Counterclaim This Order applies, with any necessary modification, to a counterclaim by which the defendant makes a claim of a kind referred to in Rule 33.01. 33.03 Definitions ***dentist*** means— (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law— (i) to practise in the dentistry profession (other than as a student); and; (ii) in the dentists division of that profession; or (b) a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; ***examination*** means an examination for medical, dental, or psychological purposes as the case requires; ***hospital*** ***report*** means a statement in writing concerning the plaintiff made by or on behalf of a hospital, rehabilitation centre or other like institution; ***medical expert*** means registered medical practitioner, registered dentist or registered psychologist as the case requires; ***medical matters*** includes dental matters and psychological matters; ***medical practitioner*** means— (a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or (b) a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; ***medical report***— (a) means a statement on medical matters concerning the plaintiff whether in writing or oral made by a medical expert; and (b) includes any document which the medical expert intends should be read with the statement whether the document was in existence at the time the statement was made or was a document which the expert obtained or caused to be brought into existence subsequently; ***registered psychologist*** means— (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or (b) a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; ***serve***, in relation to the service of a medical report, means— (a) if the medical report was in writing, serve a copy; and (b) if the medical report was oral, serve notice in writing of its substance. 33.04 Notice for examination (1) The defendant may request the plaintiff in writing to submit to appropriate examinations by a medical expert or experts at specified times and places. (2) If a plaintiff refuses or neglects without reasonable cause to comply with a request under paragraph (1), the Court may, if the request was on reasonable terms, stay the proceeding. 33.05 Expenses (1) The costs of and incidental to the examination must be costs in the proceeding. (2) Without limiting paragraph (1), the defendant, on request by the plaintiff whether before or after the plaintiff is examined, must pay to the plaintiff a reasonable sum to meet his or her travelling and other expenses of and incidental to the examination. 33.06 Report of examination of plaintiff (1) A defendant for whom a plaintiff is examined under Rule 33.04 must as soon as practicable after the examination obtain from the medical expert a medical report. (2) Upon obtaining the medical report the defendant must without delay serve the medical report on the plaintiff. (3) If the defendant later obtains another medical report from the medical expert concerning the plaintiff, whether or not the other report is consequent upon a further examination by the medical expert of the plaintiff, the defendant must without delay serve the medical report on the plaintiff. 33.07 Service of reports by plaintiff (1) A plaintiff must serve on each other party who has an address for service in the proceeding any hospital or medical report (other than a hospital or medical report served on or supplied to the plaintiff by another party) which the plaintiff intends to tender or the substance of which the plaintiff intends to adduce in evidence or which otherwise the plaintiff intends to use at the hearing. (2) The plaintiff must serve the hospital report or medical report— (a) in a proceeding under the **Workplace Injury Rehabilitation and Compensation Act 2013**, the **Accident Compensation Act 1985** or the **Workers Compensation Act** **1958**, within 14 days of the proceeding being given a date for hearing; and (b) in a proceeding in which the plaintiff claims damages for, or otherwise claims in respect of, bodily injury within 14 days before the date fixed for a pre-hearing conference, mediation or hearing (whichever occurs first); and (c) in the case of a hospital report or medical report made to or obtained by or for the plaintiff after the time referred to in subparagraph (a) or (b), without delay— or at such other time as the Court directs. 33.08 Service of reports by defendant (1) A defendant must serve on each other party who has an address for service in the proceeding any hospital report or medical report (other than a hospital report or medical report served on or supplied to the defendant by another party)— (a) which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or (b) which otherwise the defendant intends to use at the hearing. (2) Paragraph (1) does not require the defendant to serve on the plaintiff a medical report served on the plaintiff under Rule 33.06, but the defendant must by notice to the plaintiff in writing identify any medical report so served— (a) which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or (b) which otherwise the defendant intends to use at the hearing. (3) The defendant must serve the hospital report or medical report and give any notice under paragraph (2)— (a) 14 days before the date fixed for a pre‑hearing conference, mediation or hearing (whichever occurs first); and (b) in the case of a hospital report or medical report made to or obtained by or for the defendant after the time referred to in subparagraph (a), without delay— or at such other time as the Court directs. (4) In this Rule ***defendant*** includes a third or subsequent party. 33.09 Other medical reports to be served If after a party has served a medical report under Rule 33.07 or Rule 33.08 the medical expert who made the report makes another medical report to the party, then, notwithstanding that the party— (a) no longer intends to tender the medical report so served or to adduce its substance in evidence or to otherwise use it at the hearing; or (b) does not intend to tender the other medical report or to adduce its substance in evidence or to otherwise use it at the hearing— the party must serve the other medical report without delay on each other party who has an address for service in the proceeding. 33.10 Opinion on liability Unless the Court otherwise orders, a party who is required to serve a copy of a hospital report or medical report under this Order may exclude from the copy served— (a) any expression of opinion in the original report on the question of liability; and (b) if the original report contains any statement with respect to the facts on which the opinion is based, any statement with respect to a fact that relates only to the question of liability. 33.11 Medical report admissible (1) A medical report which was served under this Order is admissible as evidence of the opinion of the medical expert who gave the report and, if the medical expert's oral evidence of a fact upon which the opinion was based would be admissible, as evidence of that fact. (2) Subject to paragraphs (3) and (4), a medical report may be used in evidence— (a) by the party who served the report; or (b) by any party on whom the report was served. (3) If a medical report is tendered by the party who served the report— (a) that party must cause the medical expert who gave the report to attend at the hearing of the proceeding to be cross-examined if notice that such attendance is required is served on the party by any other party not later than 5 days before the commencement of the hearing; and (b) if the medical expert does not attend for cross‑examination the Court may order that the medical report be not received in evidence. (4) If a medical report is tendered by a party on whom the report was served— (a) that party must cause the medical expert who gave the report to attend at the hearing of the proceeding to be cross-examined, and if the medical expert does not attend the Court may order that the medical report be not received in evidence; (b) if the report is received in evidence and the medical expert is cross-examined by any party against whom the report is received, at the conclusion of the cross-examination the party who tendered the report may examine the expert as if by re-examination. 33.12 No evidence unless disclosed in report Save with the leave of the Court or by consent of the parties, a party must not except in cross‑examination adduce evidence from a medical report on medical matters concerning the plaintiff unless that evidence is disclosed by a medical report served in accordance with this Order. Order 34—Directions Order 35—Admissions 35.01 Definition In this Order, ***authenticity of a document*** means that a document— (a) is what it purports to be; and (b) if an original or described as such, is an original document and was printed, written, signed or executed as it purports to have been; and (c) if a copy or described as such, is a true copy. 35.02 Voluntary admission of facts (1) A party, by notice served on another party, may admit, in favour of the other party, for the purpose of the proceeding only, the facts specified in the notice. (2) A party, by leave of the Court, may withdraw an admission made in accordance with paragraph (1). 35.03 Notice for admission of facts (1) A party may serve on another party a notice stating that unless that party, within a time to be expressed in the notice (which must not be less than 14 days after service), disputes the facts specified in the notice, that party must, for the purpose of the proceeding only, be taken to admit those facts. (2) If the party served with the notice does not dispute any fact specified by serving notice that the party disputes the fact within the time allowed for that purpose, the party must, for the purpose of the proceeding only, be taken to admit that fact. (3) A party may, by leave of the Court, withdraw an admission which is taken to have been made under paragraph (2). (4) A notice under paragraph (1) must be in Form 35A, and a notice under paragraph (2) must be in Form 35B. 35.04 Order on admissions (1) If a party makes an admission of fact in a proceeding, whether by the party's pleading or otherwise, the Court may, on the application of the other party, make the order to which the applicant is entitled on those admissions. (2) The Court may exercise its powers under paragraph (1) without waiting for the determination of any other question in the proceeding. 35.05 Notice for admission of documents (1) A party may serve on another party a notice stating that unless that party, within a time to be expressed in the notice (which must not be less than 14 days after service), disputes the authenticity of the documents mentioned in the notice, that party must, for the purpose of the proceeding only, be taken to admit the authenticity of those documents. (2) If the party served with the notice does not dispute the authenticity of any document mentioned by serving notice that the party disputes its authenticity within the time allowed for that purpose, the party must, for the purpose of the proceeding only, be taken to admit its authenticity. (3) A party may, by leave of the Court, withdraw an admission which is taken to have been made under paragraph (2). (4) A notice under paragraph (1) must be in Form 35A, and a notice under paragraph (2) must be in Form 35B. 35.06 Cost of non-admission of fact or document If a party serves a notice under Rule 35.03(2) or 35.05(2) disputing a fact or the authenticity of a document, and afterwards that fact or document is proved in the proceeding, liability for costs must be determined in accordance with Rule 63.18. 35.07 Restrictive effect of admission An admission made by a party under this Order is for the purpose of the particular proceeding only and must not be used against the party as an admission in any other civil proceeding. 35.08 Notice to produce documents (1) A party to a proceeding may serve on any other party a notice requiring that other party to produce the documents mentioned in the notice on any application in or at the hearing of the proceeding. (2) Unless the Court otherwise orders, the party on whom the notice is served must produce on the application or at the hearing such of the documents mentioned in the notice— (a) as are in that party's possession, custody or power; and (b) which that party does not object to produce on the ground of privilege. (3) Where the party on whom the notice is served fails to comply with the notice, the Court may order that the party produce the document or give such directions for the proof of any matter in relation to the document, including the contents of the document and its making, delivery or receipt, as it thinks fit. Order 36—Amendment 36.01 General power of amendment (1) For the purpose of— (a) determining the real question in controversy between the parties to any proceeding; or (b) correcting any defect or error in any proceeding; or (c) avoiding multiplicity of proceedings— the Court may, at any stage, order that any document in the proceeding be amended or that any party have leave to amend any document in the proceeding. (2) In this Part, ***document*** includes— (a) a complaint; and (b) an application; and (c) a pleading. (3) A pleading may be amended under paragraph (1) notwithstanding that the effect is to add or substitute a cause of action arising after the commencement of the proceeding. (4) A mistake in the name of a party may be corrected under paragraph (1), whether or not the effect is to substitute another person as a party. (5) If an order to correct a mistake in the name of a party has the effect of substituting another person as a party, the proceeding must be taken to have commenced with respect to that person on the day the proceeding commenced. (6) Notwithstanding the expiry of any relevant limitation period after the day a proceeding is commenced, the Court may make an order under paragraph (1) if it is satisfied that any other party to the proceeding would not by reason of the order be prejudiced in the conduct of that party's claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise. (7) For the purpose of paragraph (6) ***any other party to the proceeding*** includes a person who is substituted as a party by virtue of an order made to correct a mistake in the name of a party. (8) Paragraph (1) does not apply to the amendment of an order. 36.02 Failure to amend within time limited An order giving a party leave to amend a document ceases to have effect if the party has not amended the document in accordance with the order at the expiration of— (a) the time limited by the order for making the amendment; or (b) if no time was limited, 21 days from the date of the order. 36.03 Amendment of pleading A party may amend any pleading served by that party at any time, by leave of the Court or with the consent of all other parties. 36.04 Disallowance of pleading amendment If a party amends a pleading in accordance with Rule 36.02(a), the Court may, on application by any other party made within 21 days after service of the amended pleading on that party, disallow the amendment or allow it either wholly or in part. 36.05 Registrar's power of amendment (1) At the request of a party made before service of a complaint, the registrar may amend the complaint. (2) The registrar must record on the complaint the date of any amendment. 36.06 How pleading amendment made (1) Unless the Court otherwise orders, an amendment to a pleading must be made by— (a) amending the copy of the pleading filed in the Court or filing a copy of that pleading as amended; and (b) serving a copy of the amended pleading on all parties. (2) A party who files an amended copy of a pleading in accordance with paragraph (1)(a) must indorse the copy pleading previously filed with a statement to the effect that the amended copy has been substituted. (3) If either of the requirements of paragraph (1)(a) is complied with, the registrar must, as the case requires, indorse the copy of the pleading filed in the Court with the date it is amended or the copy of the pleading as amended with the date it is filed. (4) Each amendment to a pleading must be made in such a way as to distinguish the amendment from the original pleading and from any previous amendment to the original. 36.07 Pleading to an amended pleading (1) A party must plead to an amended pleading within 21 days after it is served on that party. (2) If a party has pleaded to a pleading which is subsequently amended, the party must be taken to rely on that party's original pleading in answer to the amended pleading unless the party pleads to it within the time limited for so doing. 36.08 Amendment of order (1) The Court constituted by a magistrate or a registrar may at any time correct a clerical mistake in an order or an error arising in an order from any accidental slip or omission. (2) A registrar may at any time correct a clerical mistake in an order or an error arising in an order from any accidental slip or omission if the order is an order of the Court constituted by a registrar. Order 37—Inspection, detention and preservation of property 37.01 Inspection, detention etc. of property (1) In any proceeding the Court may make an order for the inspection, detention, custody or preservation of any property, whether or not in the possession, custody or power of a party. (2) An order under paragraph (1) may authorise any person to— (a) enter any land or do any other thing for the purpose of obtaining access to the property; (b) take samples of the property; (c) make observations (including the photographing) of the property; (d) conduct any experiment on or with the property; (e) observe any process. (3) On an application under paragraph (1), the Court may make an order for the costs and expenses of any person not being a party if— (a) that person attends on the hearing of the application served under Rule 37.03(1); or (b) the Court makes an order under paragraph (1) which will affect that person. (4) The Court may make an order under this Rule on condition that the party applying for the order give security for the costs and expenses of any person, whether or not a party, who will be affected by the order. 37.02 Inspection from prospective defendant (1) This Rule applies to any property not being a document. (2) In this Rule, ***applicant*** means an applicant for an order under the Rule. (3) If— (a) there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from an identified person; and (b) after making all reasonable enquiries, the applicant has not sufficient information to enable the applicant to decide whether to commence a proceeding in the Court to obtain that relief; and (c) there is reasonable cause to believe that that person has or is likely to have in that person's possession, custody or power any property relating to the question whether the applicant has the right to obtain the relief and that inspection of the property by the applicant would assist the applicant to make the decision— the Court may make an order for the inspection, detention, custody or preservation of the property. (4) An order under paragraph (3) may authorise any person to do any of the things referred to in Rule 37.01(2). (5) On an application under this Rule, the Court may make an order for the costs and expenses of— (a) the applicant; and (b) the person against whom the order is sought. (6) The Court may make an order under this Rule on condition that the applicant give security for the costs and expenses of the person against whom the order is made. 37.03 Procedure (1) An application for an order under Rule 37.01 must be made by application— (a) served on all parties to the proceeding; and (b) served personally on each person who would be affected by the order if made. (2) The Court may make an order under Rule 37.01 notwithstanding that any person not being a party who will be affected by the order has not been served with the application personally or at all. (3) An application under Rule 37.02 must be made by application to which the person against whom the order is sought must be made respondent*.* (4) An order must not be made under Rule 37.02 except by a magistrate. (5) An application under paragraph (1) or (3) must be supported by an affidavit— (a) stating the facts on which the application is made; and (b) specifying or describing the property in respect of which the order is sought. (6) A copy of the supporting affidavit must be served on every person on whom the application is served. 37.04 Disposal of perishable property If, in a proceeding concerning any property (other than land) or in a proceeding in which any question may arise as to any property (other than land), the property is of a perishable nature or is likely to deteriorate or diminish in value if kept, the Court may make an order for the sale or other disposal of the whole or any part of the property. 37.05 Payment into Court in discharge of lien (1) If in any proceeding— (a) the plaintiff claims the recovery of specific property (other than land); and (b) it appears from the pleadings or otherwise that the defendant does not dispute the title of the plaintiff but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money— the Court may order that the plaintiff be at liberty to pay into court, to abide the event of the proceeding, the amount of money in respect of which the security is claimed and such further amount, if any, for interest and costs as the Court may direct and that, upon the making of such payments, the property claimed be given up to the plaintiff. (2) This Rule, with any necessary modification, applies to a counterclaim. **37.06 * * * * *** 37.07 Jurisdiction of Court not affected The provisions of this Order are not to be taken to affect the exercise by the Court of any power to make orders with respect to the inspection, detention, custody or preservation of property which is exercisable apart from those provisions. Order 37A—Freezing orders 37A.01 Definitions In this Order, unless the contrary intention appears— ***ancillary order*** has the meaning given by Rule 37A.03(1); ***another court*** means a court outside Australia or a court in Australia other than the Court; ***applicant*** means a person who applies for a freezing order or an ancillary order; ***freezing order*** has the meaning given by Rule 37A.02(1); ***respondent*** means a person against whom a freezing order or an ancillary order is sought or made. 37A.02 Freezing order (1) The Court may make an order (a ***freezing order***), upon or without notice to the respondent, for the purpose of preventing the frustration or inhibition of the Court's process by seeking to meet a danger that an order or prospective order of the Court will be wholly or partly unsatisfied. (2) A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets. (3) A freezing order may be in Form 37AA. (4) In making a freezing order or an ancillary order, the Court must have regard to the practice note concerning freezing orders. (5) The affidavits relied on in support of an application for a freezing order or an ancillary order must, as far as possible, address the following— (a) information about the order that has been obtained, or if no order has been obtained, the following information about the cause of action— (i) the basis of the claim for substantive relief; (ii) the amount of the claim; (iii) if the application is made without notice to the respondent, the applicant's knowledge of any possible defence; (b) the nature and value of the respondent's assets, so far as they are known to the applicant, within and outside Australia; (c) the matters referred to in Rule 37A.05; (d) the identity of any person, other than the respondent, who the applicant believes may be affected by the freezing order and how that person may be affected by it. 37A.03 Ancillary order (1) The Court may make an order (an ***ancillary order***) ancillary to a freezing order or prospective freezing order as the Court considers appropriate. (2) Without limiting the generality of paragraph (1), an ancillary order may be made for either or both of the following purposes— (a) eliciting information relating to assets relevant to the freezing order or prospective freezing order; (b) determining whether the freezing order should be made. 37A.04 Respondent need not be party to proceeding The Court may make a freezing order or an ancillary order against a respondent, whether or not the respondent is a party to a proceeding in which substantive relief is sought against the respondent. 37A.05 Order against judgment debtor or prospective judgment debtor or third party (1) This Rule applies if— (a) an order has been given in favour of an applicant by— (i) the Court; or (ii) in the case of an order to which paragraph (2) applies, another court; or (b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in— (i) the Court; or (ii) in the case of a cause of action to which paragraph (3) applies, another court. (2) This paragraph applies to an order if there is a sufficient prospect that the order will be registered in or enforced by the Court. (3) This paragraph applies to a cause of action if— (a) there is a sufficient prospect that the other court will give an order in favour of the applicant; and (b) there is a sufficient prospect that the order will be registered in or enforced by the Court. (4) The Court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor if the Court is satisfied, having regard to all the circumstances, that there is a danger that an order or prospective order of the Court will be wholly or partly unsatisfied because any of the following might occur— (a) the judgment debtor, prospective judgment debtor or another person absconds; or (b) the assets of the judgment debtor, prospective judgment debtor or another person are— (i) removed from Australia or from a place inside or outside Australia; or (ii) disposed of, dealt with or diminished in value. (5) The Court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospective judgment debtor (a ***third party***) if the Court is satisfied, having regard to all the circumstances, that— (a) there is a danger that an order or prospective order of the Court will be wholly or partly unsatisfied because— (i) the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or (ii) the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or (b) a process in the Court is or may ultimately be available to the applicant as a result of an order or prospective order of the Court, under which process the third party may be obliged to disgorge assets or contribute towards satisfying the order or prospective order. (6) Nothing in this Rule affects the power of the Court to make a freezing order or an ancillary order if the Court considers it is in the interests of justice to do so. 37A.06 Jurisdiction of Court not limited Nothing in this Order limits any other jurisdiction of the Court to make a freezing order or an ancillary order. 37A.07 Service A freezing order— (a) must be authenticated pursuant to Rule 60.04; and (b) when served, must be served together with a copy of— (i) the application, or, if none was filed, any draft application produced to the Court; and (ii) the material (other than material excepted by the Court as confidential) that was relied on by the applicant at the hearing when the order was made; and (iii) a transcript or, if none is available, a note, of any oral allegation of fact that was made and of any oral submission that was put, to the Court; and (iv) the complaint, or, if none was filed, any draft complaint produced to the Court. An application for a freezing order or an ancillary order may be served on a person who is out of Australia where such service is authorised by or under Order 7—see, in particular, Rule 7.02(d). 37A.08 Costs (1) The Court may make any order as to costs as it considers appropriate in relation to an order made under this Order. (2) Without limiting the generality of paragraph (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or an ancillary order. 37A.09 Application to be heard by magistrate An application under this Order must be heard by a magistrate. Order 37B—Search orders 37B.01 Definitions In this Order, unless the contrary intention appears— ***applicant*** means an applicant for a search order; ***described*** includes described generally, whether by reference to a class or otherwise; ***premises*** includes a vehicle or vessel of any kind; ***respondent*** means a person against whom a search order is sought or made; ***search order*** has the meaning given in Rule 37B.02(1); ***thing*** includes document. 37B.02 Search order (1) The Court may make an order (a ***search order***), in any proceeding or in anticipation of any proceeding in the Court, with or without notice to the respondent, for the purpose of securing or preserving evidence and requiring a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence which is, or may be, relevant to an issue in the proceeding or anticipated proceeding. (2) A search order may be in Form 37BA. (3) In making a search order, the Court must have regard to the practice note concerning search orders. 37B.03 Requirements for grant of search order (1) The Court may make a search order if the Court is satisfied that— (a) an applicant seeking the order has a strong prima facie case on an accrued cause of action; and (b) the potential or actual loss or damage to the applicant will be serious if the search order is not made; and (c) there is sufficient evidence in relation to the respondent that— (i) the respondent possesses important evidentiary material; and (ii) there is a real possibility that the respondent might destroy such material or cause it to be unavailable for use in evidence in a proceeding or an anticipated proceeding before the Court. (2) An application for a search order must be supported by an affidavit or affidavits which, unless the Court otherwise orders, must include the following information— (a) a description of the things or the categories of things, in relation to which the search order is sought; (b) the address or location of any premises in relation to which the search order is sought and whether they are private or business premises; (c) why the search order is sought, including whether there is a real possibility that the things to be searched for will be destroyed or otherwise made unavailable for use in evidence before the Court unless the search order is made; (d) the prejudice, loss or damage likely to be suffered by the applicant if the order is not made; (e) the name, address, firm and commercial litigation experience of an independent Australian lawyer, who consents to being appointed to serve the search order, supervise its execution and do such other things as the Court considers appropriate; (f) if the premises to be searched are or include residential premises, whether or not the applicant believes that the only occupant of the premises is likely to be— (i) a female; or (ii) a child under the age of 18 years; or (iii) any other person that a reasonable person would consider to be in a position of vulnerability on the grounds of that person's age, mental incapacity, infirmity or English language ability; or (iv) any combination of sub-subparagraphs (i) to (iii) and any one or more of such persons. (3) The applicant must give the usual undertakings as to damages and must undertake to pay the independent Australian lawyer's reasonable costs and disbursements. (4) The applicant's Australian lawyer and the independent Australian lawyer must give such undertakings to the Court as the Court considers appropriate. 37B.04 Jurisdiction of Court not limited Nothing in this Order limits any other jurisdiction of the Court to make a search order. 37B.05 Terms of search order (1) A search order may direct each person who is named or described in the order— (a) to permit, or arrange to permit, such other persons as are named or described in the order— (i) to enter premises specified in the order; and (ii) to take any steps that are in accordance with the terms of the order; (b) to provide, or arrange to provide, such other persons named or described in the order with any information, thing or service described in the order; and (c) to allow such other persons named or described in the order to take and retain in their custody any thing described in the order; and (d) not to disclose any information about the order, for such period as is specified in the order (not exceeding 3 days) after the date on which the order was served, except for the purposes of obtaining legal advice or legal representation; and (e) to do or refrain from doing any act as the Court considers appropriate. (2) Without limiting the generality of paragraph (1)(a)(ii), the steps that may be taken in relation to a thing specified in a search order include— (a) searching premises for, inspecting or removing the thing; and (b) making or obtaining a copy, photograph, film, sample, test or other record of any such thing or any information it may contain. (3) A search order— (a) must not authorise a search of a natural person; and (b) must not be executed at the same time as the execution by the police or other proper authority of a search warrant; and (c) may contain such other provisions as the Court considers appropriate. 37B.06 Independent Australian lawyers (1) If the Court makes a search order, the Court must appoint one or more Australian lawyers, each of whom is independent of the applicant's Australian lawyers (the ***independent Australian lawyers***) and each of whom is prepared to give such undertakings as the Court requires, to supervise the execution of the search order and to do such other things in relation to the search order as the Court considers appropriate. (2) The Court may appoint an independent Australian lawyer to supervise execution of the search order at any one or more premises, and a different independent Australian lawyer or Australian lawyers to supervise execution of the search order at other premises, with each independent Australian lawyer having power to do such other things in relation to the order as the Court considers appropriate. 37B.07 Costs (1) The Court may make any order as to costs it considers appropriate in relation to an order made under this Order. (2) Without limiting the generality of paragraph (1), an order as to costs includes an order as to the costs of any person affected by a search order. 37B.08 Service (1) A search order— (a) must be authenticated pursuant to Rule 60.04; and (b) when served, must be served together with a copy of— (i) the application for the order, or if none was filed, any draft application produced to the Court; and (ii) the material (other than material excepted by the Court as confidential) that was relied on by the applicant at the hearing when the order was made; and (iii) a transcript or, if none is available, a note, of any oral allegation of fact that was made and of any oral submission that was put, to the Court; and (iv) the complaint, or, if none was filed, any draft complaint produced to the Court. (2) Service of the documents referred to in paragraph (1) upon any person who appears to the independent Australian lawyer to be responsible and in charge of the premises or any of the premises at which the search order is to be executed, is taken to be service on the respondent. 37B.09 Application to be heard by magistrate An application under this Order must be heard by a magistrate. Order 38—Injunctions 38.01 When Court may grant The Court may grant an injunction at any stage of a proceeding or, in the circumstances referred to in Rule 4.08, before the commencement of a proceeding. 38.02 Application before hearing (1) In an urgent case, the Court may grant an injunction on application made without notice. (2) If a plaintiff applies for an injunction against a defendant, service of notice of application on that defendant may be made at the time of service of a complaint in the proceeding. 38.03 Costs and expenses of non-party (1) This Rule applies where an application for an injunction is made before the hearing of a proceeding. (2) The Court may grant an injunction on condition that the party applying for the injunction give security for the costs and expenses of any person who might be affected. (3) The Court may make such order as it thinks fit for the payment, either in the first instance or finally, of the costs and expenses of any person not being a party who might be affected by the grant of an injunction. **38.04 * * * * *** Order 39—Receivers Order 40—Evidence generally **40.01 * * * * *** 40.02 Evidence of witness (1) Except where otherwise provided by any Act or these Rules, and subject to any agreement between the parties, evidence must be given— (a) on an interlocutory or other application in any proceeding, by affidavit; (b) at the hearing of a proceeding, orally. (2) If represented by an Australian lawyer, the following parties must give evidence by way of oral summary adopted on oath or affirmation— (a) the parties to an arbitration; (b) the driver of a motor vehicle in a claim for damages from a motor vehicle accident. 40.03 Contrary direction as to evidence (1) Notwithstanding Rule 40.02, the Court may order that evidence be given— (a) orally on the hearing of an interlocutory or other application in any proceeding; (b) by affidavit at the hearing of a proceeding. (2) If the Court makes an order under paragraph (1)(a), it may direct that the party on whose application the order is made give such notice as it thinks fit to the other parties of the oral evidence the party proposes to adduce. (3) If the Court makes an order under paragraph (1)(b), it may order that the deponent attend at the hearing to be examined or that the deponent's attendance be dispensed with. 40.04 Examination on affidavit (1) If an affidavit is filed in any proceeding, the Court— (a) may order that the deponent be examined before the Court; and (b) may order that the deponent attend for that purpose at such time and place as it directs. (2) Unless the Court otherwise orders, a party to a proceeding commenced by complaint on whose behalf an affidavit is filed in the proceeding must cause the deponent to attend at the hearing of the proceeding to be examined if notice that such attendance is required is served on the party by any other party a reasonable time before the commencement of the hearing. (3) If a deponent in respect of whom an order is made under paragraph (1) or a notice is served under paragraph (2) does not attend for examination the Court may order that the affidavit be not received into evidence. 40.05 Evidence of particular facts (1) The Court may order that evidence of any particular fact must be given at the hearing or at any other stage of a proceeding in such manner as it directs. (2) Without limiting paragraph (1), the Court may order that evidence of any particular fact be given— (a) by statement on oath of information and belief; (b) by the production of documents or entries in books; (c) by the production of copies of documents or entries in books. 40.06 Revocation or variation of order The Court may, at or before the hearing of any proceeding, revoke or vary any order made under Rules 40.03 to 40.05. 40.07 Deposition as evidence (1) No deposition taken in a proceeding must be admissible as evidence at the hearing of the proceeding unless— (a) either— (i) the person against whom the evidence is offered consents; or (ii) the deponent is dead or is unfit by reason of the deponent's bodily or mental condition to attend the hearing and testify as a witness; or (iii) the deponent is out of Victoria and it is not reasonably practicable to secure the deponent's attendance; or (iv) the deponent cannot with reasonable diligence be found; and (b) the party who applies to have the deposition received into evidence has given reasonable notice of the application to the other party. (2) A deposition purporting to be signed by the person before whom it was taken is receivable in evidence without proof of the signature of that person. (3) Unless the Court otherwise orders— (a) evidence of facts within paragraph (1)(a) may be given by affidavit; and (b) the affidavit may be made from belief as to those facts, if the grounds for the belief are given. 40.08 Proof of Court documents (1) A document purporting to be sealed with the seal of the Court must be admissible in evidence without further proof. (2) An office copy of a document filed in or issued out of the Court is admissible in evidence in any proceeding between all parties to the same extent as the original would be admissible. (3) A document purporting to be sealed with the seal of the Court and to be a copy of a document filed in or issued out of the Court is admissible as an office copy of the latter document without further proof. 40.09 Evidence of consent The consent of a person to act in a particular capacity, whether as trustee, receiver or otherwise, or to be added as a plaintiff is to be taken as sufficiently evidenced by a written consent signed by that person, dated and verified by the indorsed certificate of an Australian lawyer. 40.10 Defamation A defendant in a proceeding for libel or slander who has not by the defendant's defence alleged the truth of the statement complained of must not, except by leave of the Court at the hearing, give evidence in chief at the hearing with respect to— (a) mitigation of damages; or (b) the circumstances of publication; or (c) the character of the plaintiff— unless the defendant gives particulars of the evidence to the plaintiff by notice served not less than 7 days before the hearing. 40.11 Subsequent use of evidence at hearing The Court may order that any evidence that has been taken at the hearing of a proceeding may be used at any subsequent stage of that hearing. 40.12 Attendance and production (1) The Court may in any proceeding make an order for— (a) the attendance of any person for the purpose of being examined; or (b) the attendance of any person and production by that person of any document or thing specified or described in the order; or (c) the production by any corporation of any document or thing described in the order. (2) An order under paragraph (1) must not operate to require the person against whom the order is made to produce any document which the person could properly object to produce on the ground of privilege. 40.13 View The Court may during the proceeding inspect any place, process or thing. 40.14 Quotation or assessment as evidence (1) In a complaint counterclaim or claim by third party notice which arises from a motor vehicle accident and includes a claim— (a) for the cost of repairs to a motor vehicle, an itemised quotation of the cost of repairs; or (b) for total loss of a motor vehicle, an assessment of the loss— attached to the complaint counterclaim or claim by third party notice is evidence of the cost of repairs or the loss (as the case may be). (2) A party against whom damages are sought may, by notice in writing served on the party claiming relief not more than 42 days after service of the complaint counterclaim or claim by third party notice to which an itemised quotation or assessment is attached, require the maker of the quotation or assessment to attend the hearing for the purposes of cross-examination. 40.15 Person about to leave Victoria may be ordered to be examined or to produce documents (1) If the Court on the application of any party is satisfied by evidence upon oath or affirmation that any person— (a) is able to give material evidence or to produce relevant or material documents or things relating to a pending complaint; and (b) is likely to be absent from Victoria at the time the complaint comes on for hearing— the Court may order that, before the hearing— (c) the evidence of that person be taken; or (d) the documents or things be produced by that person. Order 41—Evidence before trial Order 41A—Application to use audio visual link or audio link 41A.01 Application of Order This Order applies to an application for a direction under section 42E(1) of the **Evidence (Miscellaneous Provisions) Act 1958**. 41A.02 Form of application Notice of an application must be in Form 41AA. 41A.03 Filing The applicant must file the notice at least 14 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court. 41A.04 Service As soon as practicable after the filing of the notice the applicant must serve a copy on every other party. 41A.05 Duty of applicant If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the registrar without delay. 41A.06 Payment of costs (1) Unless the Court otherwise orders, the appropriate amount (if any) prescribed by the regulations (if any) under section 42H(1) of the **Evidence (Miscellaneous Provisions) Act 1958** must be paid in the first instance by the applicant. (2) Unless the Court otherwise orders, the amount payable to the Court in respect of the costs of, and incidental to, the provision of an audio visual or audio link and ancillary equipment for the purposes of this Order, must be paid by the applicant. 41A.07 Application without a hearing The court may determine an application under Rule 41A.01 without a hearing unless the applicant or a party objects. 41A.08 Hearing by audio link or audio visual link For the purposes of determining an application under Rule 41A.01, the court may hold a hearing by audio link or audio visual link. Order 42—Subpoenas 42.01 Definitions In this Order and in Order 42A, unless the contrary intention appears— ***addressee*** means the person who is the subject of the order expressed in a subpoena; or ***conduct money*** means a sum of money or its equivalent, such as prepaid travel, sufficient to meet the reasonable expenses of the addressee of attending court as required by the subpoena and returning after so attending; ***issuing party*** means the party at whose request a subpoena is issued; ***subpoena*** means a summons in writing requiring the addressee— (a) to attend to give evidence; (b) to produce the summons or a copy of it and a document or thing; or (c) to do both of those things— and includes a witness summons; ***subpoena to attend to give evidence*** means a subpoena requiring the addressee to attend to give evidence; ***subpoena to produce*** means a subpoena requiring the addressee to produce the subpoena or a copy of it and a document or thing. 42.02 Issuing of subpoena (1) The Court may, in any proceeding, by subpoena order the addressee— (a) to attend to give evidence as directed by the subpoena; or (b) to produce the subpoena or a copy of it and any document or thing as directed by the subpoena; or (c) to do both of those things. (1A) A subpoena may be issued under this Rule by a principal registrar, registrar or deputy registrar of the Court at any venue of the Court. (2) The registrar must not issue a subpoena— (a) if the Court has made an order, or there is a Rule of the Court, having the effect of requiring that the proposed subpoena— (i) not be issued; or (ii) not be issued without the leave of the Court and that leave has not been given; or (b) requiring the production of a document or thing in the custody of the Court or another court. (3) A subpoena is taken to be issued on its being signed by the registrar. 42.03 Form of subpoena (1) A subpoena must be in accordance with— (a) Form 42A, for a subpoena to attend to give evidence; or (b) Form 42B, for a subpoena to produce; or (c) Form 42C, for a subpoena both to attend to give evidence and to produce. (2) A subpoena— (a) requiring a person to attend for the purpose of giving evidence may be addressed to any number of persons; (b) requiring the production of a document or thing must be addressed to one person only, except in the case of partners, where all the members of the firm may be addressed in the subpoena. (3) Unless the Court otherwise orders, a subpoena must identify the addressee by name or by description of office or position. (4) A subpoena to produce must— (a) identify the document or thing to be produced; and (b) specify the date, time and place for production. (5) A subpoena to attend to give evidence must specify the date, time and place for attendance. (6) The date specified in a subpoena must be the date of hearing or any other date as ordered by the Court. (7) The place specified for production may be the Court or the address of any person authorised to take evidence in the proceeding as ordered by the Court. (8) The last date for service of a subpoena— (a) is a reasonable time before the earliest date on which an addressee is required to comply with the subpoena or an earlier or later date fixed by the Court; and (b) must be specified in the subpoena. (9) If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. 42.03.1 Alteration of date for attendance or production (1) The issuing party may give notice to the addressee of a date or time later than the date or time that is specified in a subpoena as the date or time for attendance or for production or for both. (2) If notice is given under paragraph (1), the subpoena has effect as if the date or time notified appears in the subpoena instead of the date or time that is specified in the subpoena. 42.04 Setting aside or other relief (1) The Court may, of its own motion or on the application of a party or of any person having a sufficient interest, set aside a subpoena in whole or in part, or grant other relief in respect of it. (2) An application under paragraph (1) must be made on notice to the issuing party. (3) The Court may order that the applicant give notice of the application to any other party or to any other person having a sufficient interest. 42.05 Service (1) A subpoena must be served personally on the addressee. (2) The issuing party must serve a copy of a subpoena to produce on each other party as soon as practicable after the subpoena has been served on the addressee, but it is not necessary that the copy served be signed or be served personally. 42.06 Compliance with subpoena (1) An addressee need not comply with the requirements of a subpoena to attend to give evidence (a subpoena in Form 42A) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 42C) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required. (2) An addressee need not comply with the requirements of a subpoena unless it is served on or before the day specified in the subpoena as the last day for service of the subpoena. (3) Despite Rule 42.05(1), an addressee must comply with the requirements of a subpoena even if it has not been served personally on that addressee if the addressee has, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements. (4) The addressee must comply with a subpoena to produce— (a) by attending at the date, time and place specified for production and producing the subpoena or a copy of it and the document or thing to the Court or to the person authorised to take evidence in the proceeding as permitted by the Court; or (b) by delivering or sending the subpoena or a copy of it and the document or thing to the registrar at the address specified for the purpose in the subpoena, so that they are received not less than 2 clear business days before the day specified in the subpoena for attendance and production or, if the addressee has received notice of a later day from the issuing party, before that later day. (5) In the case of a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and of the document or thing in any of the ways permitted by paragraph (4) does not discharge the addressee from the obligation to attend to give evidence. (6) Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena. (7) The copy of a document may be— (i) .doc and .docx—Microsoft Word documents; (ii) .pdf—Adobe Acrobat documents; (iii) .xls and .xlsx—Microsoft Excel spreadsheets; (iv) .jpg—image files; (v) .rtf—rich text format; (vi) .gif—graphics interchange format; (vii) .tif—tagged image format; (viii) any other format agreed with the issuing party. 42.07 Production otherwise than upon attendance (1) This Rule applies if an addressee produces a document or thing in accordance with Rule 42.06(4)(b). (2) The registrar must, if requested by the addressee, give a receipt for the document or thing to the addressee. (3) If the addressee produces more than one document or thing, the addressee must, if requested by the registrar, provide a list of the documents or things produced. 42.08 Removal, return, inspection, copying and disposal of documents and things The Court may give directions in relation to the removal from and return to the Court, and the inspection, copying and disposal, of any document or thing that has been produced to the Court in response to a subpoena. 42.09 Inspection of, and dealing with, documents and things produced otherwise than on attendance (1) This Rule applies if an addressee produces a document or thing in accordance with Rule 42.06(4)(b). (2) On the request in writing of a party, the registrar must inform the party whether production in response to a subpoena has occurred, and, if so, include a description, in general terms, of the document and thing produced. (3) Subject to this Rule, no person may inspect a document or thing produced unless the Court has granted leave and the inspection is in accordance with that leave. (4) Unless the Court otherwise orders, the registrar may permit the parties to inspect at the office of the registrar any document or thing produced unless the addressee, a party or any person having sufficient interest objects to the inspection under this Rule. (5) If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee must, at the time of production, notify the registrar in writing of the objection and of the grounds of the objection. (6) If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may notify the registrar in writing of the objection and of the grounds of the objection. (7) On receiving a notice of an objection under this Rule, the registrar— (a) must not permit any, or any further, inspection of the document or thing the subject of the objection; and (b) must refer the objection to the Court for hearing and determination. (8) The registrar must notify the issuing party of the objection and of the date, time and place at which the objection will be heard, and the issuing party must notify the addressee, the objector and each other party accordingly. (9) The registrar must not permit any document or thing produced to be removed from the office of the registrar except on application in writing signed by the Australian lawyer for a party. (10) An Australian lawyer who signs an application under paragraph (9) and removes a document or thing from the office of the registrar, undertakes to the Court by force of this Rule that— (a) the document or thing will be kept in the personal custody of the Australian lawyer or a barrister briefed by the Australian lawyer in the proceeding; and (b) the document or thing will be returned to the office of the registrar in the same condition, order and packaging in which it was removed, as and when directed by the registrar. (11) The registrar may, in the registrar's discretion, grant an application under paragraph (9) subject to conditions or refuse to grant the application. 42.10 Disposal of documents and things produced (1) Unless the Court otherwise orders, the registrar may, in the registrar's discretion, return to the addressee any document or thing produced to the registrar in response to the subpoena. (2) Unless the Court otherwise orders, the registrar must not return any document or thing under paragraph (1) unless the registrar has given to the issuing party at least 14 days notice of the intention to do so and that period has expired. (3) The addressee of a subpoena which is in accordance with Form 42B or Form 42C must complete the declaration by the addressee provided for in the subpoena. (4) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena. (5) Subject to paragraph (6), the registrar may, upon the expiry of 4 months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies. (6) The registrar may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal. 42.11 Costs and expenses of compliance (1) The Court may order the issuing party to pay the amount of any reasonable loss or expense incurred in complying with the subpoena. (2) If an order is made under paragraph (1), the Court must fix the amount or direct that it be fixed in accordance with the Court's usual procedure in relation to costs. (3) An amount fixed under this Rule is separate from and in addition to— (a) any conduct money paid to the addressee; (b) any witness expenses payable to the addressee. 42.12 Failure to comply with subpoena—contempt of court Section 134 of the Act sets out the circumstances in which a person is guilty of contempt of court in the Magistrates' Court. 42.13 Documents and things in the custody of a court (1) A party who seeks production of a document or thing in the custody of the Court or of another court may inform the registrar in writing accordingly, identifying the document or thing. (2) If the document or thing is in the custody of the Court, the registrar must produce the document or thing— (a) in Court or to any person authorised to take evidence in the proceeding, as required by the party; or (b) as the Court directs. (3) If the document or thing is in the custody of another court, the registrar must, unless the Court has otherwise ordered— (a) request the other court to send the document or thing to the registrar; and (b) after receiving it, produce the document or thing— (i) in Court or to any person authorised to take evidence in the proceeding as required by the party; or (ii) as the Court directs. Order 42A—Subpoena for production to registrar 42A.01 Application (1) This Order applies where a party who has an Australian lawyer in the proceeding seeks to require a person not a party to produce any document for evidence before the hearing of the proceeding. (2) Order 42 applies so far as is practicable to a subpoena to produce under this Order. 42A.02 Issuing subpoena A subpoena issued under this Order must require the addressee to produce to a registrar on or before a day specified by the registrar in the subpoena the document identified in the subpoena. 42A.03 Form of subpoena A subpoena under this Order must be in Form 42AA. 42A.04 Affidavit of service (1) A subpoena under this Order must be served personally on the addressee. (2) The issuing party must serve a copy of a subpoena to produce under this Order on each other party as soon as practicable after the subpoena has been served on the addressee, but it is not necessary that the copy served be sealed or be served personally. (3) A party who serves a copy of a subpoena under this Order must without delay file an affidavit of service. 42A.05 Compliance with subpoena (1) The addressee must comply with the subpoena under this Order by producing the document to the registrar by delivering or sending it and, if sent, the document must be sent so that the registrar receives it on or before the day specified in the subpoena. (2) Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena. (3) The copy of a document may be— (i) .doc and .docx—Microsoft Word documents; (ii) .pdf—Adobe Acrobat documents; (iii) .xls and .xlsx—Microsoft Excel spreadsheets; (iv) .jpg—image files; (v) .rtf—rich text format; (vi) .gif—graphics interchange format; (vii) .tif—tagged image format; (viii) any other format agreed with the issuing party; or (c) in any other appropriate form. (4) Even where a subpoena specifically requires the production of the original, the addressee may, with the consent of the issuing party, produce a copy, instead of the original, of the document required to be produced. 42A.06 Receipt for document If a document is produced in compliance with a subpoena under this Order the registrar must, if requested to do so, give a receipt to the person producing the document. 42A.07 Objection by addressee or other person If— (a) the addressee has any objection to producing a document identified in the subpoena or to its being inspected by any one or more of the parties to the proceeding; or (b) a person having a sufficient interest, other than a party, has any objection to the production of a document identified in the subpoena or to its being inspected by any one or more of the parties to the proceeding— that person must notify the registrar in writing of that objection and state the grounds of that objection before the day specified in the subpoena. 42A.08 Objection by party to inspection by other party (1) Subject to paragraph (2), if a party has any objection to the inspection by another party of a document identified in the subpoena, the party having the objection must notify the registrar in writing of that objection and state the grounds of that objection before the day specified in the subpoena. (2) If a party other than the plaintiff seeks by subpoena the production of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff may, before taking objection under paragraph (1), inspect the file or record produced to the registrar and notify the registrar thereafter of any objection the plaintiff has to inspection by any other party, provided that the plaintiff makes that inspection and notifies that objection and the grounds of that objection in writing within 14 days after the day specified in the subpoena for production of the file or record to the registrar. 42A.09 Procedure after objection (1) Upon receiving notice under Rule 42A.07 or 42A.08, the registrar must refer the subpoena to a magistrate for the hearing and determination of the objection. (2) The registrar must notify the issuing party in writing of the objection and the grounds of that objection and the time and place at which the objection will be heard and that party must notify the addressee and all other parties accordingly. 42A.10 Inspection of document produced If no objection is notified under Rule 42A.07 or 42A.08 or to the extent that any such objection is disallowed, each party, unless a magistrate otherwise orders, may by appointment with the registrar inspect and take copies of a document produced in compliance with a subpoena under this Order. 42A.11 Removal of document (1) The registrar must not permit any document produced in compliance with a subpoena under this Order to be removed from the office of the registrar except upon application in writing signed by the Australian lawyer for a party. (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. (3) The registrar may, in the registrar's discretion, decline to accede to any application under paragraph (1). 42A.12 Return or disposal of document (1) Subject to any order of the Court, the registrar— (a) may in the registrar's discretion return to the addressee any document produced to the registrar in compliance with the subpoena; (b) must, upon returning the document, inform the addressee that the subpoena to produce remains in force until the hearing or other determination of the proceeding; and (c) may specify a date by which the document is to be produced again to the registrar in compliance with the subpoena. (2) Subject to paragraph (3), the registrar must not return any document under paragraph (1) until after the registrar has given to the issuing party 14 days notice in writing of the registrar's intention to do so. (3) In an urgent case and at the request of— (a) the addressee; or (b) in the case of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff— the registrar may return a document under paragraph (1) without first giving notice under paragraph (2), but in such a case, after returning the document, the registrar must give notice to the issuing party that the document has been returned. (4) The addressee of a subpoena must complete the declaration by the addressee provided for in the subpoena. (5) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena. (6) Subject to paragraph (7), the registrar may, upon the expiry of 4 months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies. (7) The registrar may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal. 42A.13 Production of document at hearing Subject to Rule 42A.12, the registrar must, unless otherwise ordered, produce or hand to the Court for production at the hearing of the proceeding each document produced to the registrar in compliance with a subpoena under this Order. 42A.14 Subpoena for hearing not affected The issuing of a subpoena under this Order does not preclude the issuing of a subpoena otherwise than under this Order. Order 43—Affidavits Rule 43.00 inserted by S.R. No. 54/2022 rule 6. 43.00 Definitions for this Order ***bundle exhibit*** means an exhibit containing one or more documents referred to in an affidavit, ordered in the sequence that those documents are referred to; ***confidential bundle exhibit*** means an exhibit containing one or more documents that the party filing the affidavit claims are confidential. 43.01 Form of affidavit (1) An affidavit must be made in the first person. (2) Unless the Court otherwise orders, an affidavit must state— (a) the place of residence of the deponent and the deponent's occupation or, if the deponent has none, the deponent's description; and (b) that the deponent is a party to the proceeding or employed by a party, if such be the case. (3) Notwithstanding paragraph (2), if a deponent makes an affidavit in a professional or other occupational capacity, the affidavit may, instead of stating the deponent's place of residence, state— (a) the address of the deponent's place of business; and (b) the position the deponent holds; and (c) the name of the deponent's firm or employer, if any. (4) An affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject. 43.02 Affidavit by illiterate, blind or incapacitated person (1) If it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate, blind or physically incapacitated the person must certify in or below the jurat that— (a) the affidavit was read in the person's presence to the deponent; and (b) the deponent seemed to the person to understand it; and (c) the deponent made the deponent's signature or mark in the person's presence. (2) If an affidavit is made by an illiterate, blind or physically incapacitated deponent and a certificate in accordance with paragraph (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed perfectly to understand it. 43.02.1 Affidavit where interpreter required (1) If an affidavit is made which requires an interpreter, an accredited interpreter must include in the jurat of the affidavit, or must swear or affirm in a separate affidavit, the matters set out in paragraph (2). (2) The accredited interpreter must verify that— (a) before sight translating the affidavit, the interpreter— (i) had read the code of conduct in Form 44AA and agreed to be bound by it; and (ii) had been given an adequate opportunity to sight translate the affidavit; and (b) the interpreter sight translated the entire affidavit to the deponent and the deponent then— (i) informed the person before whom the affidavit is sworn or affirmed through the interpreter that the deponent had understood the interpreter and agreed with the entire contents of the affidavit; and (ii) swore or affirmed the affidavit in the presence of the interpreter. (3) In this Rule, ***accredited interpreter*** has the same meaning as it has in Rule 44A.01. See also the requirements in the Rule 44A.06. 43.03 Content of affidavit (1) Except where otherwise provided by or under these Rules an affidavit must be confined to facts which the deponent is able to state of the deponent's own knowledge. (2) In an interlocutory application in a proceeding an affidavit may contain a statement of fact based on information and belief if the grounds are set out in the affidavit. Rule 43.03(3) inserted by S.R. No. 54/2022 rule 7. (3) An affidavit that has a bundle exhibit or confidential bundle exhibit annexed to it must— (a) have the pages sequentially numbered from the first page of the affidavit to the last page of the bundle exhibit or the confidential bundle exhibit (as applicable, and if both, whichever is the latter); and (b) identify, in the body of the affidavit, any reference to a document contained in a bundle exhibit or a confidential bundle exhibit by reference to the page numbers applied to it in accordance with paragraph (a). 43.04 Affidavit by 2 or more deponents If an affidavit is made by 2 or more deponents, the names of the persons making the affidavit must be inserted in the jurat, except that, if the affidavit is sworn or affirmed by both or all the deponents at one time before the same person, it is sufficient to state that it was sworn or affirmed by "each of the abovenamed" deponents. 43.05 Alterations (1) Notwithstanding any interlineation, erasure or other alteration in the jurat or body, an affidavit— (a) may be filed, unless the Court otherwise orders; but (b) may not be used without the leave of the Court unless the person before whom it is sworn or affirmed has initialled the alteration. (2) Paragraph (1) applies to an account verified by affidavit as if the account were part of the affidavit. Rule 43.06 substituted by S.R. No. 54/2022 rule 8. 43.06 Exhibits (1) Subject to paragraph (2), where one or more documents are referred to in an affidavit, they must be annexed to the affidavit as a bundle exhibit. (2) Where one or more documents are referred to in an affidavit and the party filing the affidavit claims that the documents are confidential, they must be annexed to the affidavit as a confidential bundle exhibit. (3) A bundle exhibit to an affidavit must be identified by a certificate annexed to it— (a) bearing the same heading as the affidavit; and (b) signed by the deponent and the person before whom the affidavit is sworn or affirmed. (4) The certificate must— (a) be in Form 43A; and (b) contain in the bottom right hand corner of the page in bold type and in a font size not less than 20 points the distinguishing mark of the exhibit and the words "Bundle of documents referred to in the affidavit of" or "Bundle of confidential documents referred to in the affidavit of" (as applicable) followed by— (i) the name of the deponent; and (ii) the date that the affidavit was made. 43.07 Time for swearing or affirming Unless the Court otherwise orders an affidavit may be used in a proceeding notwithstanding that it was sworn or affirmed before the commencement of the proceeding. 43.08 Irregularity Notwithstanding any irregularity of form an affidavit may with the leave of the Court, be used in evidence. 43.09 Filing (1) Unless the Court otherwise orders, an affidavit— (a) which has not been filed; or (b) which has not been served or filed in compliance with an order in respect of its service or filing— must not be used by the party by or on whose behalf it was made. (2) An affidavit may be filed with the registrar or with the proper officer in court. Order 44—Expert evidence 44.01 Definitions ***expert*** means a person who has specialised knowledge based on the person's training, study or experience; ***opinion*** includes more than one opinion; ***the code*** means the expert witness code of conduct in Form 44A. 44.02 Application of Order (1) This Order does not apply to the following— (a) the evidence of a party who would, if called as a witness at the hearing of a proceeding, be qualified to give evidence as an expert in respect of any question in the proceeding; Rule 44.02 (1)(b) amended by S.R. No. 68/2023 rule 4. (b) except as provided by Rule 44.03(2), any itemised quotation or assessment attached to a complaint under Rule 5.05(2) or (3); (c) an arbitration of a complaint, where the complaint has been referred to arbitration by the Court under section 102 of the Act. (2) With respect to the opinion of a registered medical practitioner, in a proceeding for medical negligence in which the plaintiff claims damages for or in respect of bodily injury this Order applies to an opinion on the liability of the defendant but does not otherwise apply to a medical report to which Order 33 applies. 44.03 Report of expert (1) Unless otherwise provided, a party who intends at the hearing of a proceeding to adduce the evidence of a person as an expert must— (a) as soon as practicable after the engagement of the expert and before the expert makes a report under this Rule, provide the expert with a copy of the code; and (b) in the case of evidence to be adduced by an expert as to the cost of repairs to or replacement of a motor vehicle damaged in a motor vehicle accident, not later than 10 days before the day fixed for the hearing of the proceeding, serve on each other party, a report by the expert in accordance with clause 3 of the code and deliver a copy for the use of the Court; and (c) in any other case, not later than 30 days before the day fixed for the hearing of the proceeding, serve on each other party, a report by the expert in accordance with clause 3 of the code and deliver a copy for the use of the Court. Rule 44.03(2) inserted by S.R. No. 68/2023 rule 5. (2) If a defendant in a proceeding gives notice of defence in respect of a complaint to which an itemised quotation or assessment is attached under Rule 5.05(2) or (3), the plaintiff who made the complaint must— (a) as soon as practicable, provide the expert who made the itemised quotation or assessment with a copy of the code; and (b) not later than 10 days before the day fixed for the hearing of the proceeding, serve on each other party a report by that expert in accordance with clause 3 of the code and deliver a copy for the use of the Court. (3) If the expert provides to a party a supplementary report, including a report indicating that the expert has changed the expert's opinion on a material matter expressed in an earlier report— (a) that party must without delay serve the supplementary report on all other parties; and (b) in default of such service, the party and any other party having a like interest must not use the earlier report or the supplementary report at the hearing without the leave of the Court. (4) Any report provided by the expert pursuant to this Rule must be signed by the expert and must be accompanied by clear copies of any photographs, plans, calculations, analyses, measurements, survey reports or other extrinsic matter to which the report refers. 44.04 Other party's report as evidence Unless otherwise ordered, a party may put in evidence a report served on that party by another party under this Order. 44.05 No evidence unless disclosed in report Except with the leave of the Court or by consent of the parties affected, a party must not except in cross-examination adduce any evidence from a person as an expert at the hearing of a proceeding unless the substance of the evidence is contained within a report or reports which the party has served under this Order. 44.06 Conference between experts (1) The Court may direct expert witnesses— (a) to confer; and (b) to provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons for their not agreeing. (2) The Court may specify the matters on which the experts are to confer. (3) An expert witness may apply to the Court for further directions. (4) The Court may direct the legal representatives of a party— (a) to attend the conference; (b) not to attend the conference; (c) to attend or not to attend at the option of the party whom they represent. (5) Subject to paragraph (1)(b), except as the parties affected agree in writing, no evidence is to be admitted of anything said or done by any person at the conference. (6) An agreement reached during the conference does not bind a party except in so far as the party agrees in writing. **Order 44A—Interpreters** 44A.01 Definitions ***accredited interpreter***, in relation to an other language means an interpreter who is accredited, registered or recognised as an interpreter for the language by a recognised agency; ***code of conduct*** means the court interpreters' code of conduct in Form 44AA; ***interpret*** means the process by which spoken or signed language is conveyed from one language (the ***source language***) to another (the ***target language***) orally; ***other language*** means a spoken or signed language other than English; ***recognised agency*** means the National Accreditation Authority for Translators and Interpreters (NAATI); ***sight translate*** means the process by which an interpreter or a translator presents a spoken interpretation of a written text; ***translate*** means the process by which written language is conveyed from one language (the ***source language***) to another (the ***target language***) in written form. 44A.02 When interpreters may be engaged (1) If the Court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, the witness may give— (a) oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Order; or (b) evidence by an affidavit or a statement in English that has been sight translated to the witness by an interpreter in accordance with Rule 44A.06. Section 30 of the **Evidence Act 2008** provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact. (2) The party calling a witness requiring an interpreter is responsible for engaging an interpreter who meets the standards and requirements under this Order. (3) In any criminal proceeding, the prosecuting agency is responsible for engaging an interpreter who meets the standards and requirements under this Order. (4) If the Court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceeding, the Court may permit the party to use an interpreter who meets the standards and requirements under this Order. 44A.03 Who may act as an interpreter (1) A person must not act as an interpreter in a proceeding unless the person— (a) is currently an accredited interpreter for the spoken or signed language other than English concerned or otherwise satisfies the Court that the person is qualified to act as an interpreter; and (b) has read and agreed to comply with the code of conduct; and (c) takes an oath or affirms to interpret accurately to the best of the person's ability. (2) A person must not act as an interpreter if the person— (a) is or may become a party to, or a witness in, the proceeding; 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, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person's engagement or appointment; or (d) is or may be unable to fulfil the person's duty of accuracy or impartiality under the code of conduct for any reason including, but not limited to, personal or religious beliefs or cultural or other circumstances. (3) A person acting as an interpreter must— (a) cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in paragraph (2); and (b) immediately disclose the matter to the Court. (4) Despite paragraphs (1) to (3), if it is in the interests of justice, the Court may give permission to a person to act as an interpreter despite not complying with the requirements of those paragraphs if, to the extent practicable— (a) the Court is satisfied that the person is able to interpret and, if necessary, sight translate accurately to the level the Court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and (b) the person takes an oath or affirms to interpret accurately to the best of the person's ability; and (c) the Court is satisfied that the person understands and accepts that, in acting as an interpreter, the person— (i) is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter; and (ii) owes a paramount duty to the court to be impartial and accurate to the best of the person's ability; and (d) the Court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for signed languages; and (e) the person is over the age of 18 years. 44A.04 Functions of interpreters (1) Unless the Court otherwise orders, an interpreter must— (a) interpret questions and all other spoken communications in the conduct of the proceeding for the party from English into the other language and from the other language into English; and (b) subject to paragraph (2), sight translate, whether before or during the course of the witness's evidence, documents shown to the witness. (2) An interpreter may refuse to sight translate if— (a) the interpreter considers that the interpreter is not competent to do so; or (b) the task is too onerous or difficult by reason of the length or complexity of the text. (3) Unless the Court otherwise orders, an interpreter may not assist a party or the party's legal practitioner in the conduct of the proceeding (including a hearing) except by— (a) interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or (b) sight translating documents in connection with the proceeding from English into the other language and from the other language into English. 44A.05 Code of conduct (1) An interpreter must comply with the code of conduct. (2) Unless the Court otherwise orders, as soon as practicable after an interpreter is engaged or appointed for a proceeding, a copy of the code of conduct is to be provided to the interpreter— (a) if an interpreter is engaged by a party, by the party; or (b) as the Court otherwise directs. (3) Unless the Court otherwise orders, a witness may not give evidence using an interpreter unless the Court is satisfied that the interpreter has read the code of conduct and agreed to be bound by it. 44A.06 Translated evidence (1) Unless the Court otherwise orders, a party seeking to rely on a translated affidavit who requires an interpreter is not entitled to rely on the affidavit unless it complies with Rule 43.02.1. (2) Unless the Court otherwise orders, a party seeking to rely on a translated statement of a witness who requires an interpreter is not entitled to rely on the statement unless an accredited interpreter has verified that— (a) before sight translating the statement to the witness, the interpreter— (i) had read the code of conduct and agreed to be bound by it; and (ii) had been given an adequate opportunity to prepare to sight translate the statement; (b) the interpreter sight translated the entire statement to the witness and the witness then— (i) informed the person before whom the statement is made through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the statement; and (ii) where applicable, signed the statement in the presence of the interpreter. 44A.07 Court may give directions concerning interpreters Without limiting any other power of the Court, the Court may, at any time, give directions concerning all or any of the following matters, having regard to the nature of the proceeding (including the type of allegations made and the characteristics of the parties and witnesses)— (a) any particular attributes required or not required for an interpreter, including, but not limited to, gender, age or ethnic, cultural or social background so as to accommodate any cultural or other reasonable concerns of a party or the witness; (b) the number of interpreters required in any proceeding and whether relay interpreting should be used; (c) establishing the expertise of an interpreter; (d) the steps to be taken to obtain an interpreter who is an accredited interpreter for the other language concerned or is otherwise qualified to act as an interpreter; (e) the steps to be taken before permission under Rule 44A.03(4) is given; (f) what information concerning the proceeding, may be provided to a person in advance of any hearing to assist that person to prepare to act as an interpreter at that hearing, including, but not limited to, pleadings, affidavits, lists of witnesses and other documents; (g) when, in what circumstances and under what (if any) conditions the information referred to in paragraph (f) may be provided; (h) whether an interpreter is to interpret the witness' evidence consecutively, simultaneously or in some other way; (i) other resources, such as dictionaries or other reference works that an interpreter may require to consult in the course of acting as an interpreter; (j) the length of time for which an interpreter should interpret during a hearing without a break; (k) security for an interpreter including, where necessary, arrangements to preserve the anonymity of the interpreter; (l) practical matters concerning an interpreter, such as seating for and the location of the interpreter; (m) the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or on the Court's own motion; (n) the payment of interpreters; (o) any other direction the Court considers appropriate. Order 45—Originating motion Order 46—Applications 46.01 Application of Order Unless otherwise provided by these Rules this Order applies to any interlocutory or other application in a proceeding. 46.02 Form of application (1) An application in a proceeding made on notice to any person must be made on summons, unless the Court otherwise orders, and must be supported by an affidavit or affidavits. (2) An application by summons is made when the summons is filed in accordance with Rule 46.04. (3) An application not by summons is made when it comes on for hearing. 46.03 Notice of application On the hearing of an application the Court may order that the person making the application give notice of it to any person having a sufficient interest. 46.04 Form and filing (1) A summons must be in Form 46A. (2) A summons must be filed with a registrar at the proper venue of the Court. 46.05 Service (1) The applicant must serve a copy of a summons and a copy of any affidavit in support on every person to whom notice of the summons is to be given unless otherwise provided by these Rules. (2) Every summons must be served within a reasonable time before the day for hearing named in the application, and in no case later than 2.00 p.m. on the previous day, or where the office of the Court was closed on the day before the day for hearing, not later than 2.00 p.m. on the day the office was last open. 46.05.1 Day for hearing (1) If a summons has not been served a registrar may, at the request of the party who filed it, amend the summons on or before the day for hearing named in the summons to name another day. (2) The summons may be amended— (a) by a magistrate; or (b) by a judicial registrar; or (c) by a registrar. (3) A summons must not be amended under this Rule more than once. (4) This Rule does not limit the power of the Court under Rule 36.01. 46.06 Adjournment (1) The Court may adjourn the hearing of an application on such terms as it thinks fit. (2) The Court constituted by a registrar— (a) may by consent order that the hearing of an application be adjourned to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and (b) must record the adjournment and any reservation of the costs by indorsement on the court file. (3) If the hearing of an application is adjourned under paragraph (2), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit. (4) Rule 63.22 applies to costs reserved under paragraph (2) as if the costs were reserved by order of the Court. 46.07 Absence of party to summons (1) If any person to whom a summons is addressed fails to attend, the Court may hear the application if satisfied that the summons was duly served. (2) If on an application by summons the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit. 46.08 Application for re-hearing (1) An application under section 110 of the Act must be filed. (2) At least 14 days before the day specified in the application, a copy of the application and of any affidavit in support upon which the applicant intends to rely must be served on the other party or parties at the address for service in the complaint or notice of defence (as the case may be) unless the Court otherwise orders. (3) If an application is struck out because the applicant failed to appear at the time fixed for hearing of the application, a further application for re-hearing is taken to be an application for leave to re-apply under section 110(5) of the Act. 46.09 Form of application (1) An application under Rule 46.08 must state— (a) why the applicant did not appear on the hearing of the complaint; and (b) if applicable, why notice of defence was not given. (2) An application under Rule 46.08 must be in Form 46B. 46.10 Setting aside The Court may set aside or vary an order which affects a person where the application for the order— (a) was made on notice to that person, but the person did not attend the hearing of the application; or (b) was not made on notice to that person. Order 47—Place and mode of hearing 47.01 Place of hearing of proceeding (1) A civil proceeding must be heard at the venue of the court at which the complaint was filed. (2) A defendant may object to the venue at which the proceeding is to be heard by giving notice in writing to the plaintiff no later than 14 days after the giving of the notice of defence. (3) If, after giving a notice under paragraph (2), the plaintiff does not agree to a change of venue, the defendant may apply to the Court no later than 14 days after the giving of the notice, for a decision under paragraph (4) as to the appropriate venue. (4) Despite paragraph (1), if the Court is satisfied that the interests of justice so require, the Court may adjourn the hearing of a proceeding to another venue of the Court. (5) In making a decision under paragraph (4), the Court may have regard to any one or more of the following matters— (a) the places of residence of the parties and of the witnesses likely to be called in the proceeding; (b) the place where the subject matter of the complaint arose; (c) the financial circumstances of the parties; (d) any agreement between the parties about the venue of the Court at which the proceedings should be heard; (e) whether a related or similar proceeding has been commenced to which the plaintiff or defendant is a party; (f) any other relevant matter. (6) A proceeding is not void or in any other way affected merely because the proceeding was filed at or was heard and determined at a venue of the court other than the proper venue of the court. **47.02 * * * * *** **47.03 * * * * *** 47.04 Separate hearing of question The Court may order that— (a) any question in a proceeding be heard before, at or after the hearing of the proceeding, and may state the question or give directions as to the manner in which it is to be stated; (b) different questions be heard at different times or places. 47.05 Order after determination of preliminary question If the determination of any question in a proceeding and heard separately from the proceeding substantially disposes of the proceeding or renders the hearing of the proceeding unnecessary, the Court may dismiss the proceeding or make such other order or give such order as it thinks fit. Order 48—Setting down for trial Order 49—Hearing 49.00 Application This Order does not apply to a proceeding to which Order 2 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 applies. 49.01 Order of evidence and addresses (1) The Court may give directions as to the order of evidence and addresses and generally as to the conduct of the hearing. (2) Subject to any direction given under paragraph (1)— (a) if the burden of proof on any question lies on the plaintiff, the plaintiff must begin; (b) if the burden of proof on all the questions lies on the defendant, the defendant must begin. (3) Subject to any direction given under paragraph (1)— (a) if the only parties are one plaintiff and one defendant, and there is no counterclaim, the order of evidence and addresses must be as provided by the following paragraphs of this Rule; and (b) in any other case, the order of evidence and addresses must be as provided by those paragraphs with such modifications as the nature of the case requires. (4) The party who begins may make an address opening the party's case and may then adduce that party's evidence. (5) If, in the course of the case for the party who begins, no document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case— (a) the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party's evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address; (b) the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address. (6) If, in the course of the case for the party who begins, any document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case— (a) the opposite party adduces evidence, the order of proceedings must be as provided by paragraph (5)(a); (b) the opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address. 49.02 Absence of party (1) If, when the hearing of a proceeding is called on, any party is absent, the Court may— (a) order that the hearing be not had unless the proceeding is again fixed for hearing, or unless such other steps are taken as the Court directs; or (b) proceed with the hearing generally or so far as concerns any claim for relief in the proceeding; or (c) adjourn the hearing. (2) The Court may set aside or vary any order obtained if a party is absent at the hearing. 49.03 Adjournment of hearing The Court may adjourn a hearing on such terms as it thinks fit. 49.04 Death before judgment (1) If a party to a proceeding dies after the verdict or finding on the questions of fact, the Court may give judgment notwithstanding the death. (2) Paragraph (1) does not affect the power of the Court under Rules 9.08 and 9.09. Order 50—Appropriate dispute resolution 50.01 Definitions ***acceptable mediator*** means a person determined under Rule 50.02 as an acceptable mediator; ***appropriate dispute resolution*** means a process attended, or participated in, by a party for the purposes of negotiating a settlement of a civil proceeding or resolving or narrowing the issues in dispute, including, but not limited to— (a) pre-hearing conference; (b) mediation; (c) early neutral evaluation; (d) settlement conference; ***complaint*** includes counterclaim and third party notice; ***defence*** includes defence to counterclaim and defence to third party notice; ***defendant*** includes a party who files a counterclaim or a defence to third party notice; ***mediation report*** means a notice in Form 50A; ***plaintiff*** includes a party who files a counterclaim or a third party claim; ***the Court*** means the court constituted by— (a) a magistrate; or (b) a judicial registrar, or (c) a registrar; ***third party*** includes any subsequent party. 50.02 Determination of persons as acceptable mediators (1) For the purposes of this Order, a magistrate, judicial registrar or registrar may determine that a person is an acceptable mediator. (2) For the purposes of paragraph (1), a person includes any of the following— (a) a magistrate; (b) a judicial registrar; (c) a registrar; (d) an Australian legal practitioner— (i) whose home jurisdiction is Victoria; and (ii) who has been approved as a mediator by the Law Institute within the meaning of the **Legal Profession Uniform Law Application Act 2014**; (e) an Australian legal practitioner— (i) whose home jurisdiction is Victoria; and (ii) who has been approved as a mediator by the Victorian Bar within the meaning of the **Legal Profession Uniform Law Application Act 2014**; (f) a mediator accredited by the Resolution Institute, ACN 008 651 232; (g) a mediator within the meaning of section 21K of the **Evidence (Miscellaneous Provisions) Act 1958**; (h) a person working with or for a dispute settlement centre within the meaning of section 21K of the **Evidence (Miscellaneous Provisions) Act 1958**. 50.03 Referral of proceeding for appropriate dispute resolution The Court may make an order referring a civil proceeding or part of a civil proceeding to appropriate dispute resolution. 50.04 Who may conduct appropriate dispute resolution (1) A pre-hearing conference must be conducted by— (a) a magistrate; or (b) a judicial registrar; or (c) a registrar. (2) A mediation must be conducted by an acceptable mediator. (3) An early neutral evaluation must be conducted by a magistrate. (4) A settlement conference must be conducted by a magistrate. 50.05 Confidentiality If a proceeding is referred to appropriate dispute resolution, evidence of anything said or done by any person in the course of the conduct of the appropriate dispute resolution must not be admitted at the hearing of the proceeding unless the Court otherwise orders, having regard to the interests of justice and fairness. 50.06 Parties must attend appropriate dispute resolution (1) If a proceeding or any part of a proceeding is referred to appropriate dispute resolution, all parties must attend the appropriate dispute resolution— (a) personally, unless the Court is satisfied that exceptional circumstances exist; and (b) if a party has appointed an Australian lawyer or other person empowered by law to appear for the party, together with that Australian lawyer or other person. (2) If a party referred to in paragraph (1) is a corporation, the following must attend the appropriate dispute resolution on behalf of the corporation— (a) an Australian lawyer; (b) a person in the exclusive employment of the corporation who is authorised in writing to attend the appropriate dispute resolution on behalf of the corporation. (3) If a party referred to in paragraph (1) is an incorporated association or an owners corporation a person who is authorised in writing to attend the appropriate dispute resolution on behalf of the committee of the incorporated association or owners corporation must attend the appropriate dispute resolution. (4) In addition to the requirements of paragraphs (1), (2) and (3), all parties must have present at the appropriate dispute resolution a person who has the authority to decide whether or not to settle the proceeding or settle the part of the proceeding that has been referred to appropriate dispute resolution. (5) If an insurer is indemnifying a party, the person referred to in paragraph (4) may be an officer or employee of the insurer. 50.07 Consequences of failure to attend appropriate dispute resolution (1) If a party does not attend an appropriate dispute resolution after receiving notice to attend, the Court may— (a) in the case of failure by a plaintiff, dismiss the complaint; or (b) in the case of failure by a defendant, strike out the notice of defence. (2) A defendant whose notice of defence is struck out in accordance with paragraph (1) is to be taken to be a defendant who does not give notice of defence. (3) If the Court dismisses a complaint or strikes out a notice of defence, the court may also— (a) make an order for the defendant's costs of the proceeding; or (b) make an order on the claim for a debt or liquidated demand; or (c) make an order on the claim if it arises from a motor vehicle accident and the claim is only for the cost of repairs or for total loss of the vehicle. 50.08 Adjournment of appropriate dispute resolution (1) The Court may adjourn an appropriate dispute resolution on such terms as it thinks fit. Rule 50.08(2) amended by S.R. No. 54/2022 rule 9. (2) Any other person conducting an appropriate dispute resolution may, with the consent of the parties, adjourn the appropriate dispute resolution to another date at any time. (3) If the Court adjourns an appropriate dispute resolution, the Court may make an order as to the costs of the adjournment in accordance with the applicable scale of costs. 50.09 Power to make order for final disposition If at an appropriate dispute resolution, all the parties to a proceeding agree on the terms in which an order should be made, including an order for the final disposition of a complaint, and the Court is satisfied that the order sought is one proper to be made, the Court may make the order. 50.10 Powers of a registrar in relation to pre-hearing conferences (1) If a proceeding or part of a proceeding is referred to a pre-hearing conference, the Court constituted by a registrar may exercise the powers of the Court under the following— (a) Rule 3.02; (b) Rule 9.12; (c) Rule 11.05(2)(b) or 11.16; (d) Rule 13.10(1), unless the sufficiency of further particulars is in issue; (e) Rule 24.02; (f) Rule 25.01; (g) Rules 29.08, 29.11 and 29.12.1(3) unless the sufficiency of discovery is in issue; (h) Rules 30.09 and 30.09.1(3) unless the sufficiency of answers to interrogatories is in issue; (i) Rule 36.01, but not as to costs, except to order that the question of costs be reserved; (j) Rule 36.08; (k) Rule 37.01(1) for an order for inspection of property, but excluding an order for detention, custody or preservation of property; (l) Rule 47.01(4); (m) Rules 11.03, 11.05 and 11.06(1) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020, except orders as to preservation of property; (n) section 102(3) of the Act (to order that a complaint be heard and determined by the Court and not referred to arbitration); (o) sections 65A and 65B of the **Civil Procedure Act 2010**; (p) section 5 of the **Judgment Debt Recovery Act 1984** on an order for the payment of money made under this Order. (2) If a proceeding or part of a proceeding is referred to a pre-hearing conference, the Court constituted by a registrar may dispense with compliance with any of the requirements specified in paragraph (1), either before or after the occasion for compliance arises. (3) In exercising any power referred to in paragraph (1), the Court constituted by a registrar may make an order requiring a party to file and serve a document or to perform any act and on failure to do so, may order— (a) if the party is a plaintiff, that the complaint be dismissed; or (b) if the party is a defendant, that the party's notice of defence be struck out. 50.11 Mediation report In the case of a mediation of a proceeding by an acceptable mediator who is a person described in paragraphs (d) to (h) of Rule 50.02(2), the acceptable mediator must file a mediation report in Form 50A and provide a copy of the report to each party who attended the mediation within 7 days of a mediation having been completed. 50.12 Extension of time limits where proceeding has been referred to mediation Despite any other Rules, but subject to any order made under Rule 50.07, if a proceeding is referred to mediation, the time for taking any step in a proceeding under any of those Rules must be calculated from the date of filing of a mediation report and not the day on which notice of defence is given. Order 51—Assessment of damages or value Order 52—Account and enquiries Order 53—Summary proceeding for recovery of land Order 54—Administration of estates and execution of trusts Order 55—Sale of land by order of Court Order 56—Judicial review Order 57—Habeas corpus Order 58—Appeals from inferior jurisdictions Order 59—Orders 59.01 General relief The Court may at any stage of a proceeding on the application of any party make such order as the case requires notwithstanding that the order was not sought in the complaint or in any other document of the party in the proceeding. 59.02 Date of effect An order made by the Court must, unless the Court otherwise orders, bear the date of and take effect on and from the day it is made. 59.03 Time for compliance (1) Subject to paragraph (3), an order which requires a person to do an act is to be taken to mean, unless the Court otherwise orders, that the act must be done within 14 days after service of an order or of a certified extract from the register of the order. (2) If an order requires a person to do an act within a fixed time, the Court may, by order, fix another time. (3) Paragraph (1) does not apply to— (a) so much of an order as requires a person to pay money otherwise than into Court; or (b) an order for the delivery of goods. (4) If an order requires a person to do an act but does not fix a time within which the person is required to do the act, the Court may, by order, fix a time. (5) If the Court fixes a time under paragraph (4), the Court, by subsequent order, may fix another time. 59.04 Statement of reasons for order If the Court makes any order the reasons for which have been reduced to writing, it is sufficient to state the result orally without reasons, but the written reasons must then and there be published by delivery to the registrar. **59.05 * * * * *** **59.06 * * * * *** 59.07 Consent to order by parties not in attendance (1) If parties to a proceeding are agreed upon the terms in which an order should be made, in the proceeding, the Court may, if satisfied that the parties who are to be bound consent, make an order in those terms without requiring the attendance of the parties. (2) As evidence of the consent of a party not in attendance, the Court may accept a document or facsimile copy of a document signed by the Australian lawyer on the record for that party, or the barrister (within the meaning of the Legal Profession Uniform Law (Victoria)) for the party. (3) Any document accepted under paragraph (2) must be placed on the Court file. (4) Notwithstanding paragraph (1), the Court may require a party to attend upon the making of an order in the proceeding. (5) The Court constituted by a registrar may make any order (which order may include an order for costs) in any proceeding, summons or application with or without appearance of any party if satisfied that the order sought is by the consent of the parties to the proceeding, summons or application. (6) If the registrar is not satisfied that an order should be made under paragraph (5), the registrar may, or if a party requests must, refer the matter to the Court for decision. 59.08 Orders may be drawn up and certified extract (1) An order may be drawn up by a party and verified by the registrar if a party so desires. (2) Except where a special form of order is prescribed by these Rules, a certified extract from the Court record of any order is sufficient for any purpose for which an order is required. 59.09 Order where excess abandoned An order of the Court in a complaint referred to in Rule 4.01(2) is conclusive evidence for any purpose of abandonment of the excess of a claim above the jurisdictional limit of the Court. 59.10 Setting aside or varying self-executing order (1) In this Rule, ***self-executing order*** means an order that upon the failure of a party to do any act or take any step which under these Rules the party is required to do or take or to comply with an order that the party do any such act or take any such step— (a) if the party is a plaintiff, that the complaint be dismissed; (b) if the party is a defendant, that the notice of defence of the party, if any, be struck out. (2) A defendant whose defence is struck out upon the failure to comply with a self-executing order is, for the purpose of Part 1 of Order 21, taken to be a defendant who does not give notice of defence. (3) The Court may set aside or vary, as the case requires— (a) a self-executing order; (b) the dismissal of a complaint upon the failure of a plaintiff to comply with a self-executing order; (c) the striking out of a notice of defence upon the failure of a defendant to comply with a self-executing order; (d) an order made under Rule 21.01 upon the failure of a defendant to comply with a self‑executing order; (e) an order made under Rule 21.08 upon the failure of a plaintiff to comply with a self‑executing order. Order 60—Authentication and filing of orders **60.01–60.03 * * * * *** 60.04 Order signed by magistrate (1) Where a magistrate makes an order, the magistrate— (a) may sign the order; or (b) may direct that the order be drawn up by a party and signed by the magistrate. (2) Where that magistrate is unable for sufficient cause to sign the order, it may be signed by another magistrate, as the case requires. 60.05 Authentication of an order For the purposes of section 18(2) of the Act, an order is authenticated— (a) when the order is recorded in writing and signed by the person who constituted the Court; or (b) if the order is entered into a computerised data storage and retrieval system, when it is confirmed in that system. Rule 60.06 substituted by S.R. No. 102/2022 rule 20. 60.06 Issue and authentication of process Process may be issued— (a) by a person— (i) signing it; or (ii) stamping with a signature stamp; or (b) by CMS with an electronic signature or seal. 60.07 Authentication of warrants For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy— (a) the person's name; and (b) the date of issue of the warrant. **60.08-60.09** * * * * * Order 61—Judgment debt instalment orders 61.01 Definitions ***proper officer*** means a registrar; ***the Act*** means the **Judgment Debt Recovery Act 1984**. 61.02 Application under section 6 or 8 (1) An application under section 6 or 8 of the Act must— (a) be in Form 61A; (b) if made by a judgment debtor, be accompanied by a Statement of Affairs in Form 61B or in Form 61C if the judgment debtor is a corporation; (c) be filed. (2) An affidavit or declaration of service of an application under section 6 or 8 must be filed within a reasonable time after service of the application. (3) If an applicant under section 8 of the Act fails to comply with paragraph (2)— (a) the applicant must be taken to have abandoned the application; and (b) the proper officer must give notice in writing to the applicant of that abandonment. 61.03 Notice of objection (1) The period for filing a notice of objection under section 6(5) of the Act is 14 days. (2) A notice of objection must be in Form 61D. 61.04 Agreement under section 7 An instalment agreement under section 7 of the Act must— (a) be in Form 61E; and (b) be accompanied by a Statement of Affairs in Form 61B or in Form 61C if the judgment debtor is a corporation; and (c) be filed. 61.05 Order in absence of parties An order made by a proper officer under section 7(3) of the Act may be made in the absence of the parties. 61.06 Summons for examination (1) A summons under section 14 or 17 of the Act must be in Form 61F. (2) An application for issue of a summons under section 17 of the Act must be made by affidavit in Form 61G. (3) An affidavit under paragraph (2) may contain statements of fact based on information and belief if the grounds are set out. 61.07 Warrant of apprehension A warrant of apprehension under section 14 or 17 of the Act must be in Form 61H. 61.08 Forms of notice A notice— (a) under section 6(4), 6(7), 7(4) or 18(2) of the Act must be in Form 61I; (b) under section 14(6) or 17(5) of the Act must be in Form 61J; (c) under section 6(6) or 8 of the Act must be in Form 61K. 61.09 Warrant of commitment A warrant of commitment under section 19 of the Act must be in Form 61L. 61.10 Payments to be made to registrar Payments under section 19(3) of the Act must be made to the proper officer. 61.11 Certificate of discharge A certificate under section 19(3) of the Act must be in Form 61M. 61.12 Service and notification (1) A summons required to be served under the Act or this Order must be served personally. (2) If any notice is required to be given or any document is required to be served under this Order, it is sufficient to serve the notice or document by post. 61.13 Adjournment The proper officer may at any time adjourn an application or proceeding as the proper officer thinks fit. Order 62—Security for costs 62.01 Definitions ***defendant*** includes any person against whom a claim is made in a proceeding; ***originating process*** means a complaint, counterclaim, notice or any other process in which a claim is made; ***plaintiff*** includes any person who makes a claim in a proceeding. 62.02 When security for costs may be ordered (a) the plaintiff is ordinarily resident out of Victoria; (b) the plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues, not for the plaintiff's own benefit, but for the benefit of some other person, and there is reason to believe that the plaintiff has insufficient assets in Victoria to pay the costs of the defendant if ordered to do so; (c) a proceeding by the plaintiff in another court for the same claim against the same defendant is pending; (d) subject to paragraph (2), the address of the plaintiff is not stated or is not stated correctly in the plaintiff's originating process; (e) the plaintiff has changed the plaintiff's address after the commencement of the proceeding in order to avoid the consequences of the proceeding; (f) under any Act the Court may require security for costs— the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against the defendant be stayed until the security is given. (2) The Court must not require a plaintiff to give security by reason only of paragraph (1)(d) if in failing to state the plaintiff's address or to state the plaintiff's correct address the plaintiff acted innocently and without intention to deceive. 62.03 Manner of giving security If an order is made requiring the plaintiff to give security for costs, security must be given in the manner and at the time the Court directs. 62.04 Failure to give security If a plaintiff fails to give the security required by an order, the Court may dismiss the plaintiff's complaint. 62.05 Variation or setting aside The Court may set aside or vary any order requiring a plaintiff to give security for costs. Order 63—Costs Part 1—Preliminary 63.00.1 Costs in accordance with Appendix A Costs for work done in a proceeding must be fixed or determined in accordance with Appendix A to these Rules. 63.00.2 Application of scale (1) In fixing or taxing costs for work done in a proceeding the appropriate scales in Table 1 andTable 2 to Appendix A to apply must be determined as follows— (a) as between— (i) party and party, the amount recovered or the value of the property in litigation regulates the scale of the plaintiff's costs, and the amount sought to be recovered or the value of the property in litigation regulates the scale of the defendant's costs; and (ii) Australian lawyer and client, unless the Court otherwise orders, the amount sued for, or the value of the property in litigation, regulates the scale without reference to the result; (b) in a proceeding for an injunction coupled with a claim for damages or without such claim or in a proceeding or matter within the equitable jurisdiction of the Court, the Court, may, despite any other provision of this paragraph, either at the hearing or within a reasonable time after the hearing, at its discretion, fix the scale of costs which applies; (c) where a counter claim is made the scale on which the costs of the parties are to be fixed or taxed must be determined as follows— (i) if the plaintiff is successful on both claim and counter claim, by the amount which the plaintiff recovers on the claim, unless the amount of the defendant's claim is the larger, in which case the costs incurred subsequently to the delivery of the counter claim must be determined by the amount of that counter claim; (ii) if the defendant is successful on both claim and counter claim by the amount which the defendant recovers on the counter claim, or the amount of the plaintiff's claim, whichever may be the larger; (iii) if both parties are successful, by the amounts which they recover on their respective claims; and if both claims fail, by the amount claimed by the opposite party; (d) in a proceeding or matter for which no provision has been specifically made, the Court may direct that the scale of costs specified by the Court applies; (e) despite anything in these Rules, if in a proceeding or matter the Court considers that the provisions of paragraphs (a) and (c) are inappropriate or unjust the Court may, either at the hearing, or within a reasonable time after the hearing, fix the scale of costs which applies. (2) For the purposes of paragraph (1)(a) the amount recovered is— (a) the amount of the order in the plaintiff's favour including any amount for interest or damages in the nature of interest; and (b) any interest or damages in respect of the amount awarded by the Court under any Act— but does not include any amount recovered by or awarded to the plaintiff for interest or damages in the nature of interest relating to the period after the day the payment into Court was made or the offer of compromise was served. 63.00.3 Fixing or taxing of costs in accordance with scale at the time work done (1) The Court, when fixing the costs for work done in a proceeding, must do so as follows— (a) as to any work done on or after the commencement of these Rules, according tothe scales in Table 1 and Table 2 in Appendix A, as in force at the time the work is done; (b) as to any work done before the commencement of these Rules, according to the scale of costs contained in any previous corresponding Rules in force at the time the work was done. (2) The Costs Court, when taxing the costs for work done in a proceeding, must do so as follows— (a) as to any work done on or after the commencement of these Rules, according tothe scales in Table 1 and Table 2 in Appendix A, as in force at the time the workis done; (b) as to any work done before the commencement of these Rules, according to the scale of costs contained in any previous corresponding Rules in force at the time the work was done. (3) Subject to the provisions of any Act for the time being in force, in proceedings which have been remitted or transferred to the Magistrates' Court from some other Court, the costs incurred in the other Court before the remission or transfer must be fixed or taxed according to the scale of costs and fees in use in the other Court at the time the work was done, unless this Court otherwise directs. (4) Paragraphs (1) and (2) have effect despite anything to the contrary in Rule 1.06. 63.00 Costs to be fixed on day of hearing (1) Unless it is impracticable to do so, the Court must fix the costs of any complaint or application on the day on which the complaint or application is heard and determined. (2) If costs are not fixed by the Court as provided for by paragraph (1), the costs must be taxed in accordance with this Order. 63.01 Definitions and application ***bill*** means bill of costs, account, or statement of charges; ***costs*** includes disbursements and reasonable costs of recording and transcript; ***party*** includes— (a) a person not a party to a proceeding by or to whom costs in respect of the proceeding are payable by or under any Act or these Rules or any order of the Court; (b) in the case of a proceeding in another court or before a tribunal or of an arbitration, a person whether or not a party to that proceeding or arbitration by or to whom costs in respect of the proceeding or arbitration are payable where by or under any Act or these Rules or any order of the Court the costs are to be taxed in the Costs Court; ***taxation*** or ***taxation of costs*** means the assessment, settling, taxation or review of costs; ***taxed costs*** means costs taxed in accordance with this Order; ***trustee*** includes an executor of a will and an administrator of the estate of a deceased person. (2) In this Order— (a) references to the Costs Court, a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Supreme Court conducting a taxation of costs under this Order or the Supreme Court Rules; (b) references to a fund held by a trustee include references to any property to which the trustee is entitled as trustee, whether alone or together with any other person and whether the property is for the time being in the possession of the trustee or not. (3) This Order applies to costs payable or to be taxed under these Rules or under any order of the Court and to costs to be taxed under any Act. (4) This Order applies subject to the powers of the Supreme Court and the Costs Court in relation to costs under Division 2 of Part 6 of the **Supreme Court Act 1986**. 63.02 General powers of Court The power and discretion of the Court as to costs under section 131 of the Act must be exercised subject to and in accordance with this Order. 63.03 Time for costs order and payment (1) The Court may in any proceeding exercise its power and discretion as to costs— (a) at any stage of the proceeding; or (b) after the conclusion of the proceeding. (2) Costs which a party is required to pay under any of these Rules or an order of the Court must, unless the Court otherwise orders, be paid without delay. (2.1) Costs which a party is required to pay under an order of the Costs Court must, unless the Costs Court otherwise orders, be paid without delay. (3) If the Court makes an interlocutory order for costs, the Court may then or thereafter order that if the party liable to pay the costs fails to do so— (a) if that party is the plaintiff, that the proceeding be stayed or dismissed; (b) if that party is a defendant, that the defendant's defence is to be struck out. (4) In paragraph (3)— ***defendant*** includes any person against whom a claim is made in a proceeding; ***plaintiff*** includes any person who makes a claim in a proceeding. 63.04 Costs of question or part of proceeding (1) The Court may make an order for costs in relation to a particular question in or a particular part of a proceeding. (2) If the Court makes an order under paragraph (1), the Court must by order fix the proportion of the total costs of the proceeding which is attributable to the particular question in or the particular part of the proceeding. 63.05 By whom costs to be taxed Unless the Court otherwise orders, costs taxed in accordance with this Order must be taxed— (a) in the Costs Court by a Costs Judge; or (b) if a Costs Judge so directs, by a judicial registrar within the meaning of the **Supreme Court Act 1986**, a Costs Registrar, Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires. **63.06 * * * * *** 63.07 Taxed or other costs provision (1) Subject to this Order, if by or under these Rules or any order of the Court costs are to be paid to a party, that party is entitled to taxed costs. (2) If the Court orders that costs are to be paid to a party, the Court may then or thereafter order that as to the whole or any part of the costs specified in the order, instead of taxed costs, that party is entitled to— (a) a portion specified in the order of taxed costs; (b) taxed costs from or up to a stage of the proceeding specified in the order; (c) a gross sum specified in the order instead of taxed costs; (d) a sum in respect of costs to be determined in such manner as the Court directs. 63.08 Default order (1) If an order is made for costs in default of defence under Part 1 of Order 21 or compliance under Part 2 of Order 21, unless the Court otherwise orders, the costs must not be taxed but must be fixed by a registrar in accordance with the appropriate scale in Appendix A. (2) Where costs are fixed under paragraph (1), the party by whom or the party to whom the costs are payable may appeal to the Costs Court, in accordance with the Rules of the Supreme Court, in respect of the amount so fixed on the ground that the registrar did not fix the proper amount. **63.09 * * * * *** 63.10 No order for taxation required If— (a) the Court makes an order for costs; or (b) a proceeding is dismissed with costs; or (c) an application in a proceeding is refused with costs; or (d) a party is otherwise liable under these Rules to pay the costs of another party; or (e) a party may tax costs under any of these Rules; or (f) parties have agreed in writing that costs payable by one party to another may be taxed, and the agreement is filed— the costs may be taxed, in the Costs Court, without an order for taxation. 63.11 Enforcement of order of taxing officer (1) If costs are taxed otherwise than under an order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as an order for the payment of money. (2) Paragraph (1) applies to an interim order for payment of any item in a bill of costs. 63.12 Costs in account If the Court orders that an account be taken and the amount consists in part of costs, the Court may, then or thereafter, direct that those costs be fixed, or be taxed in accordance with this Order. Part 2—Entitlement to costs 63.13 Order for payment Subject to these Rules, a party to a proceeding is not entitled to recover any costs of the proceeding from any other party except by order of the Court. 63.14 Extension or abridgement of time If a party applies for an extension or abridgement of any time fixed by these Rules or by any order fixing, extending or abridging time, that party must, unless the Court otherwise orders, pay the costs of and occasioned by the application. 63.15 Discontinuance or withdrawal Unless the Court otherwise orders, a party who discontinues or withdraws part of a proceeding, counterclaim or claim by third party notice must pay the costs of the party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal. 63.16 Offer of compromise If an offer of compromise is served and the offer has not been accepted at the time a final order is made on the claim that relates to the offer, liability for costs must be determined in accordance with Rule 26.08. 63.16.1 Failure to make discovery or answer interrogatories A party on whom a notice is served in accordance with Rule 29.12.1 or 30.09.1 must pay the costs of the notice unless the Court otherwise orders. 63.16.2 Proceeding or counterclaim dismissed (1) A proceeding that is or stands dismissed by or under an order of the Court or these Rules must, unless the Court otherwise orders, be taken to be a proceeding that is dismissed with costs. (2) Paragraph (1), with any necessary modification applies to a counterclaim and to a claim by third party notice as if the counterclaim or third party claim were a complaint. 63.17 Amendment If a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders. 63.18 Non-admission of fact or document If a party serves a notice— (a) under Rule 35.03(1) disputing a fact, and afterwards that fact is proved in the proceeding; (b) under Rule 35.05(1) disputing the authenticity of a document, and afterwards the authenticity of that document is proved in the proceeding— that party must pay the costs of proof, unless the Court otherwise orders. 63.19 Interlocutory injunction If the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction must, unless the Court otherwise orders, include the costs of the first injunction. **63.20 * * * * *** **63.21 * * * * *** 63.21.1 Costs in proceedings before registrar or Costs Court If in any proceeding before the registrar or the Costs Court— (a) any party is guilty of neglect or delay; or (b) puts any other party to unnecessary or improper expense relative to the proceeding— the registrar or the Costs Court may direct that party to pay any costs that the registrar or the Costs Court, as the case requires, thinks proper. 63.22 Costs reserved If by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the proceeding, unless the Court otherwise orders. **63.23 * * * * *** **63.24 * * * * *** **63.25 * * * * *** 63.26 Trustee or mortgagee A party who sues or is sued as trustee or mortgagee must, unless the Court otherwise orders, be entitled to the costs of the proceeding out of the fund held by the trustee or out of the mortgaged property in so far as the costs are not paid by any other person. Part 3—Costs of party in a proceeding 63.27 Application This Part applies to costs in a proceeding that by or under any Act or these Rules or any order of the Court are to be paid to a party to the proceeding either by another party or out of a fund. 63.28 Bases of taxation Subject to this Part, costs in a proceeding which are to be taxed must be taxed on— (a) the standard basis; or (b) the indemnity basis; or (c) such other basis as the Court may direct. 63.30 Standard basis Subject to Rule 63.00.1, on a taxation on the standard basis, all costs reasonably incurred and of reasonable amount must be allowed. 63.30.1 Indemnity basis (1) Subject to paragraph (2), on a taxation on the indemnity basis all costs must be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred. (2) Any doubt which the Costs Court may have as to whether the costs were unreasonably incurred or were unreasonable in amount must be resolved in favour of the party to whom the costs are payable. 63.31 Usual basis of taxation Except as provided by these Rules or any order of the Court, including the Costs Court, costs must be taxed on the standard basis. 63.34 Charges of Australian lawyer (1) The Australian lawyer for the party to whom costs are payable is entitled to charge and be allowed the fees set out in Appendix A. (2) Witnesses' expenses are to be fixed in accordance with Appendix A. Part 3A—Costs for pro bono representation 63.34.1 Definitions for this Part (1) In this Part— ***assisted party*** means a party receiving legal assistance provided by an Australian lawyer on a pro bono basis; ***legal assistance*** means any legal services provided in connection with a proceeding in the Court; ***pro bono costs order*** means an order made under Rule 63.34.2(1). (2) For the purposes of this Part, an Australian lawyer provides legal assistance on a ***pro bono basis*** when the Australian lawyer provides legal assistance on the basis that— (a) the Australian lawyer is to receive no professional fees from or on behalf of the person to or for whom the legal assistance is provided; (b) the Australian lawyer is to receive such professional fees only to the extent that an order for costs covering such professional fees is made in favour of the assisted party; or (c) the Australian lawyer is to receive such professional fees only to the extent that payment is made in satisfaction or part satisfaction of such an order for costs. 63.34.2 Orders for legal costs (1) If an Australian lawyer provides legal assistance to an assisted party in a proceeding on a pro bono basis, the Court may make, in favour of the assisted party, any order for the recovery of the costs of the legal assistance that the Court might have made had the legal assistance been provided not on a pro bono basis but on the basis that the assisted party was under an obligation to pay for the legal assistance in the ordinary way. (2) When making a pro bono costs order, the Court may order that a party or other person against whom the pro bono costs order is made, pay the costs, including any disbursements incurred by the Australian lawyer acting on a pro bono basis, directly to the Australian lawyer instead of to the assisted party. (3) A payment made to an Australian lawyer acting on a pro bono basis pursuant to an order made under paragraph (2) satisfies the pro bono costs order in favour of the assisted party to the extent of that payment. 63.34.3 Taxation or assessment and recovery of legal costs On the taxation of costs payable to or in favour of an assisted party, the Costs Court must not disallow an item merely because— (a) the assisted party is, by reason of being an assisted party, under no obligation to pay, in whole or in part, for the service to which the item relates; or (b) in the case of a disbursement (whether for counsel's fees or otherwise) the amount of the disbursement has not been paid prior to the taxation. Part 4—Costs of taxation **63.35 * * * * *** **63.36 * * * * *** Part 5—Procedure on taxation 63.37 Application (1) This Part applies to the costs of any proceeding in the Court. (2) Subject to Part 6, this Part applies to the taxation of costs payable to an Australian lawyer by the Australian lawyer's client. 63.38 Application for taxation An application to the Costs Court for costs to be taxed must be made in accordance with the Supreme Court Rules. **63.39 * * * * *** **63.40 * * * * *** **63.41 * * * * *** **63.42 * * * * *** **63.43 * * * * *** **63.44 * * * * *** **63.45 * * * * *** **63.46 * * * * *** **63.47 * * * * *** 63.48 Discretionary costs (1) Except as these Rules or any order of the Court otherwise provides, the fees and allowances that are discretionary that are referred to in Appendix A must be allowed at the discretion of a registrar or the Costs Court. (2) In exercising the discretion under paragraph (1), the Costs Court must have regard to the following— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the Australian lawyer or counsel; (d) the number and importance of the documents prepared and perused, regardless of length; (e) the amount or value of money or property involved; (f) research and consideration of questions of law and fact; (g) the general care and conduct of the Australian lawyer or counsel, having regard to the instructions and all relevant circumstances; (h) the time within which the work was required to be done; (i) allowances otherwise made in accordance with the Scale in Appendix A; (j) any other relevant matter. **63.49 * * * * *** **63.50 * * * * *** 63.51 Reference to a magistrate In the exercise of its jurisdiction, the Costs Court may refer to a magistrate for directions any question arising on a taxation. 63.52 Notice to person interested in fund (1) If costs are payable out of a fund, the Costs Court may— (a) adjourn the taxation to a specified day; and (b) order that the party to whom the costs are payable serve on any person interested in the fund, without charge to that person, a copy of the whole or any part of the bill and a notice in accordance with paragraph (2). (2) A notice under paragraph (1)(b) must state— (a) that the costs are payable out of the fund, identifying it, and that the bill is being taxed; (b) the day to which the taxation is adjourned; and (c) such other information as the Costs Court may direct. (3) Unless the Costs Court otherwise orders, service under paragraph (1)(b) must be personal. 63.53 Application by person liable to pay (1) If a party who is entitled to be paid costs and to have the costs taxed under this Part does not apply to have the costs taxed within 30 days after service on that party of a request in writing to do so by a party liable for the costs, a registrar— (a) may order the party entitled to file and serve a summons in the Costs Court under the Supreme Court Rules; and (b) may fix a time for compliance. (2) If a party in respect of whom an order is made under paragraph (1) fails to comply with the order, a registrar may— (a) disallow the costs of the party or allow a nominal or other sum for costs; (b) order the party to pay the costs of any other party. 63.54 Australian lawyer at fault (1) This Rule applies if— (a) a party fails to apply to have costs taxed within a time fixed under Rule 63.53(1) and the failure is occasioned by the neglect or delay of the party's Australian lawyer; or (b) in any proceedings before a registrar the Australian lawyer for any party— (i) is guilty of neglect or delay; or (ii) causes any other party unnecessary expense. (2) A registrar may— (a) order the Australian lawyer to pay costs to any party in respect of the proceedings before the registrar; (b) refuse to allow the fees to which the Australian lawyer would otherwise be entitled for drawing any bill or for any attendance before the registrar. **63.55 * * * * *** **63.56 * * * * *** Part 6—Costs of Australian lawyer 63.58 Application This Part applies— (a) if costs are payable to an Australian lawyer by the Australian lawyer's client in respect of a proceeding in the Court, and by or under any Act or these Rules or any order of the Court or any agreement between the Australian lawyer and the client the costs are required or permitted to be taxed in the Court; (b) if any person not the client of an Australian lawyer is liable to pay or, having been so liable, has paid costs which are or were chargeable by the Australian lawyer to the client, in respect of a proceeding in the Court, and by or under any Act or these Rules or any order of the Court or any agreement between that person and the client the costs are required or permitted to be taxed in the Court. 63.59 Basis of taxation of costs payable by client Subject to Rule 63.60, costs payable to an Australian lawyer by the lawyer's client to which this Part applies must, subject to any Act or any order of the Court or any agreement between the lawyer and the client, be taxed on the standard basis as defined by Rule 63.30. 63.60 Taxation between Australian lawyer and client (1) Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to an Australian lawyer against a client if— (a) the costs were incurred with the authority of or the amount was authorised by the client; and (b) before the costs were incurred the Australian lawyer expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party. (2) An authority for the purpose of this Rule may be express or implied. (3) If the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client. 63.61 Basis of taxation of costs payable otherwise than by client Costs payable to an Australian lawyer by a person other than the client to which this Part applies must, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis as defined by Rule 63.30. **63.62 * * * * *** 63.63 Procedure on taxation Subject to these Rules and to any Act or order of the Court, costs under this Part must be taxed as provided by the Supreme Court Rules. **63.64 * * * * *** 63.65 Reference for taxation (1) This Rule applies if the Court by order, whether or not made by or under any Act, refers a bill of costs to the Costs Court for taxation or directs that a bill of costs be taxed. (2) The taxation must be brought before the Costs Court by application in accordance with the Supreme Court Rules. **63.66 * * * * *** **63.67 * * * * *** Part 7—Allowances on taxation generally 63.68 Application This Part applies to any taxation of costs in the Court. 63.70 Unnecessary work (1) The Court by order or a registrar on a taxation may disallow the costs of any work that is not necessary or is done without due care. (2) If a document is of unnecessary length, for the purpose of paragraph (1) work that is not necessary includes work for the part of the document that is not necessary. (3) A party whose costs for work is disallowed under paragraph (1) must, unless the Court or a registrar otherwise orders, pay costs for any work by another party occasioned by the work for which the costs were disallowed. 63.71 Gross sum for costs (1) If costs are incurred improperly or without reasonable cause or are wasted by undue delay or negligence or by any other misconduct or default or from any other cause the amount of costs is excessive— (a) only costs that were reasonable and proper must be allowed; and (b) a registrar may assess those costs at a gross sum. (2) A registrar may apportion costs assessed under paragraph (1) among different parties. 63.72 Increase or decrease of amounts in Scale In any particular taxation of costs, the Costs Court may increase or decrease the amount or value of any allowance or expense in Appendix A as the Costs Court thinks fit. **63.73 * * * * *** **63.74 * * * * *** **63.75 * * * * *** **63.76 * * * * *** **63.77 * * * * *** **63.78 * * * * *** **63.79 * * * * *** **63.80 * * * * *** **63.81 * * * * *** **63.82 * * * * *** **63.83 * * * * *** **63.85 * * * * *** Order 64—Appeal to Court of Appeal Order 65—Applications to Court of Appeal Order 66—Enforcement of orders 66.01 Definitions ***officer*** of a corporation has the same meaning as in section 9 of the Corporations Act; ***order*** means an order made by the Court— (a) for the payment of money with or without costs; or (b) for the payment of costs alone; or (c) for the delivery of goods; or (d) for the delivery of goods or the payment of their assessed value. 66.02 Enforcement of orders for the payment of money See section 111(1) of the Act which provides that an order made by the Court in a civil proceeding for the payment of money may be enforced by one or more of the following— (a) a warrant to seize property; (b) an attachment of earnings order; (c) an attachment of debts order. **66.03 * * * * *** 66.04 Enforcement of orders for the delivery of goods See section 111(8) of the Act, which provides for— (a) an order for the delivery of goods; or (b) an order for the delivery of goods or the payment of their assessed value— to be enforced by a warrant of delivery. 66.05 Enforcement of orders for the doing or abstaining from doing of any act See section 135 of the Act which provides that the Court may exercise a power given to the Court under the Act or any other Act by an order— (a) requiring any person to do or abstain from doing any act or thing, other than the payment of money; or (b) requiring any act or thing, other than the payment of money, to be done or left undone. 66.06 Attendance of natural person For enforcement of attendance of a natural person, see section 134 of the Act which sets out the circumstances in which a person is guilty of contempt of court and the manner in which the Court may enforce a contempt of court, or section 135 of the Act. 66.07 Attendance of corporation (1) This Rule applies where— (a) the Court by subpoena or otherwise makes an order in any proceeding for the production by a corporation of any document or thing; and (b) after service of the order the corporation defaults in producing the document or thing in accordance with the order. (2) In the circumstances referred to in paragraph (1), the Court may— (a) make an order that the officer of the corporation produce the document or thing; and (b) order the corporation to pay any costs and expenses occasioned by the default. **66.08 * * * * *** **66.09 * * * * *** 66.10 Service of orders to be enforced (1) If an order under section 135 of the Act is made against a person— (a) a copy of the order must be served on the person by— (i) leaving a copy of the document with the person to be served; or (ii) if the person to be served does not accept the copy, by putting down a copy in the person's presence and telling the person the nature of the document; and (b) if the order requires the person to do any act within a fixed time, the copy of the order must be served a reasonable time before the expiry of the time fixed for the doing of the act. (2) If an order under section 135 of the Act is made against a corporation— (a) a copy of the order must be served personally on any officer of the corporation; and (b) if the order requires the corporation to do an act within a fixed time, the copy of the order must be served on the officer of the corporation a reasonable time before the expiry of the time fixed for the doing of the act. (3) A copy of an order that is served under this Rule must be indorsed, with a notice, naming the person who is to be served with the order and stating that the person so named is liable to a fine or a term of imprisonment under section 135 of the Act if the person does not comply with the order. (4) If an order under section 135 of the Act is made against a person that requires the person to do an act and an order is made under Rule 59.03 fixing a time within which the act is to be done, a copy of— (a) the order requiring the act to be done, indorsed with a notice under paragraph (3); and (b) the order fixing the time within which the act is to be done— must be served on the person within a reasonable time before the expiry of the time fixed for the doing of the act. (5) Paragraphs (1) to (4) of this Rule do not apply to an order under section 135 of the Act if the person against whom the order has been made has notice of the order— (a) by being present when the order is made; or (b) by being notified of the terms of the order, whether by telephone or otherwise. (6) The Court may dispense with service under this Rule. 66.11 Substituted performance (1) If an order that has been made against a person requires the person to do an act and the person does not do the act, the Court may— (a) direct that the act be done by a person appointed by the Court; and (b) order the person against whom the order has been made to pay any costs and expenses occasioned by the default. (2) Paragraph (1) does not affect the power of the Court to punish for contempt. 66.12 Enforcement by or against non-party (1) A person not being a party who obtains an order or in whose favour an order is made may enforce the order by the same means as if that person were a party. (2) If an order may be enforced against a person not a party, the order may be enforced against the person by the same means as if the person were a party. (3) If an order may be enforced against a corporation not a party, the processes of enforcement apply to an officer of the corporation as if the corporation were a party. 66.13 Non-performance of condition A person entitled to an order subject to the fulfilment of a condition who fails to fulfil the condition must be taken to have abandoned the benefit of the order, and, unless the Court otherwise orders, any other person interested may take any steps which are warranted by the order or which might have been taken if the order had not been made. 66.14 Matters occurring after order The Court may stay execution of an order, or make any order that the nature of the case requires, on the ground of matters occurring after the order. 66.15 Order in aid of enforcement (1) The Court may make any order that it thinks fit in aid of the enforcement of a warrant of execution and for that purpose may make an order that any person, whether or not a party— (a) attend before the Court to be examined; (b) do or abstain from doing any act. (2) An application for an order under paragraph (1) may be made by the sheriff or other person to whom a warrant of execution is directed. 66.16 Stay of execution The Court may stay execution of an order. Order 67—Examination of judgment debtor 67.01AA Definition ***conduct money*** means a sum of money or its equivalent, such as prepaid travel, sufficient to meet the reasonable expenses of the person to be examined of attending court as required by the summons and returning after so attending. 67.01 Examination of judgment debtor (1) If an order has been made for the recovery or payment of money (with or without costs) or for costs alone a registrar may upon application of the judgment creditor issue a summons requiring the judgment debtor (or, if the judgment debtor is a corporation, an officer of the corporation) to appear before the Court to be orally examined by the registrar as to— (a) the amount and source of the income of the judgment debtor; and (b) the property and assets of the judgment debtor; and (c) the cash that is readily available to the judgment debtor or that can be made so available; and (d) the debts, liabilities and other financial obligations of the judgment debtor— and the registrar may examine the person as to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the order. (2) A summons under paragraph (1) must be in Form 67A. (3) The judgment creditor must serve a summons under paragraph (1) on a judgment debtor together with— (a) in the case of a natural person, a copy of Form 67B; or (b) in the case of corporation, a copy of Form 67C. (3A) A summons and the relevant Form referred to in paragraph (3) must be served personally on the judgment debtor not less than 7 days before the day named for the examination. (3B) The judgment creditor must ensure that conduct money is given to a judgment debtor served with documents in accordance with paragraph (3). (4) The person must be examined on oath or affirmation. (5) The registrar may issue a summons calling on other persons to give evidence or produce documents or to give evidence and produce documents. (6) A summons under paragraph (5) must be in Form 67D. (7) An examination under this Part must be conducted by the registrar or counsel for the judgment creditor (if present) and no persons other than the judgment debtor being examined and the creditor's counsel and the judgment creditor and the debtor's counsel may be present without the consent of both parties. (8) If the examination is conducted by the registrar a copy of the record in Form 67B or 67C must be sent to the judgment creditor. (9) At an examination the registrar may make an order as to the costs of the examination in accordance with the scale of costs in Appendix A, the fees, if any, for filing and service of the summons and any other prescribed fees. (10) A registrar may adjourn an examination under this Rule as the registrar thinks fit. (11) If a summons under this Rule has not been served, the registrar may, on application of the judgment creditor— (a) in the case of a summons under paragraph (1), alter, to a later day, the day named in the summons for the examination of the judgment debtor; or (b) in the case of a summons under paragraph (5), alter, to a later day, the day named in the summons for the person to give evidence or produce documents, or to give evidence and produce documents. (12) Despite paragraph (11), the registrar must not— (a) alter, to a later day, a day named in a summons under this Rule more than once unless the registrar is satisfied that reasonable efforts have been made to serve the summons; or (b) alter a day named in a summons under this Rule when the summons has ceased to be valid under Rule 5.12. Rule 67.02 substituted by S.R. No. 102/2022 rule 21. 67.02 Application for examination summons processed by CMS (1) An application under Rule 67.01(1) that is filed electronically may be processed by CMS. (2) An examination summons may be issued by CMS. (3) An examination summons is valid for all purposes if it bears— (a) the allocated Court number; and (b) the name of the principal registrar; and (c) the date of its issue; and (d) the hearing venue; and (e) the date and time for the person named in the summons to be orally examined. Order 68—Warrants of execution Part 1—Warrants generally 68.01 Definition ***warrant of execution*** means a warrant to seize property and a warrant of delivery. **68.02 * * * * *** 68.03 Separate execution for costs A person entitled to enforce an order entered or given with costs may have execution to enforce the order and, when the costs become payable, have execution separately to enforce payment of the costs. 68.04 Issue of warrant Rule 68.04(1) amended by S.R. No. 102/2022 rule 22(1)(a). (1) A warrant must not be issued unless the person requesting it to be issued— (a) files with the registrar a form of the warrant; (b) if the warrant is to enforce an order for the payment of money, files a request to issue a warrant which must state— (i) the date of the order; and (ii) the amount for which the order was made; and Rule 68.04(1)(b)(iia) inserted by S.R. No. 102/2022 rule 22(1)(b). (iia) whether the Act under which the order was made provides for enforcement by distress or does not specify the method of enforcement; and (iii) the amount, including any interest accrued and any costs due and payable in respect of the order at the date of request with particulars stating how that amount is calculated or made up; and (iv) the daily amount of interest, if any, which subject to any future payment under the order, will accrue after the date of request in respect of the amount of the order and costs; and (iva) the name of the court or tribunal that made the order and, in the case where the order was made by a court (other than the Court) or by a tribunal, the date the order was registered in the Court; and (v) particulars of any amounts paid on account or recovered under any previous warrant or other proceeding. Rule 68.04(2) substituted by S.R. No. 102/2022 rule 22(2). (2) A warrant referred to in paragraph (1) may be issued— (a) by being sealed by the registrar with the seal of the Court; or (b) by CMS with an electronic signature or seal. (3) A warrant referred to in paragraph (1) must bear the date of its issue. 68.05 Duration (1) A warrant is valid for the purpose of execution for one year after the day it is issued. (2) Despite paragraph (1), a registrar may from time to time extend the period of the validity of the warrant for the purpose of execution for a period of not more than one year from the day on which it would otherwise expire and so on from time to time. (3) An extension under paragraph (2) must not be made after the day of expiry of the warrant. (4) An application for an order under paragraph (2) may be made without notice to any person. (5) A copy of an order under paragraph (2) must be delivered to the sheriff by the party obtaining the order. (6) The priority of a warrant in respect of which an extension under paragraph (2) had been made must be determined by reference to the date on which the warrant was originally delivered to the person to whom it is directed. 68.06 Costs of prior execution The amount for which a warrant of execution may be issued must, unless the Court otherwise orders, include— (a) the costs, fees and expenses (including the costs of any unsuccessful previously attempted execution of the order) incurred in respect of any prior warrant of execution on the same order, whether the prior warrant was or was not productive; and (b) money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth. 68.07 Order against 2 or more persons (1) If in a complaint an order is made against 2 or more defendants jointly, the order may be enforced by warrant or otherwise against any of the defendants as if the order had been made against that defendant separately. (2) If an order against 2 or more defendants jointly is satisfied by any of the defendants, no further steps may be taken by the party in whose favour the order so satisfied was made against any other defendant. 68.08 Order against partners (1) An order made against a firm may be enforced against any or all of the persons who were members of the firm at the time the cause of action arose. (2) If a person is sued under Rule 17.10 in a name or style other than the person's own name and an order is made against the person in that name or style, the order may be enforced against the person. (3) An enforcement proceeding must not be commenced under an order referred to in paragraph (1) or (2) against a person whose name is not mentioned in the order or complaint unless the person in whose favour the order was made files with the registrar an affidavit stating— (a) the name and address of the person against whom it is proposed to commence the enforcement proceeding; and (b) that, at the time the cause of action arose, that person was a member of the firm or was carrying on business in the name or style in which the order was made; and (c) the enforcement proceeding it is desired to take under the order. Rule 68.09 substituted by S.R. No. 102/2022 rule 23. 68.09 Request for warrant processed by CMS (1) A request for a warrant under Rule 68.04 may be processed by CMS if the request for warrant— (a) is filed electronically; and (b) is for the issue of a warrant to enforce an order for the payment of money. (2) A warrant referred to in paragraph (1) may be issued by CMS. (3) A warrant is valid for all purposes if it bears the name of the principal registrar. 68.10 Application of certain rules, practice and procedure of Supreme Court Subject to this Order and except where otherwise expressly provided by these Rules, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with such modifications as are necessary, to the execution of warrants to seize property and warrants of delivery. 68.11 Form of warrant to seize property and warrant of delivery (1) For the purposes of section 111(1)(a) of the Act, a warrant to seize property must be in Form 68A. (2) For the purposes of section 111(8) of the Act, a warrant of delivery must be in Form 68B. Part 2—Warrants of delivery 68.12 Warrant of delivery (1) If an order is made by the Court— (a) for delivery of goods; or (b) for delivery of goods or recovery of their assessed value— a registrar may issue a warrant of delivery. (2) If the order of the Court is for the assessed value of goods only, the order may be enforced by the same means as any other order for the payment of money. Order 69—Warrants to seize property 69.01 Warrant to seize property (1) If an order is made by the Court, a registrar may, in the circumstances referred to in paragraph (2), issue a warrant to seize property for the purpose of satisfying the judgment debt. (2) Paragraph (1) applies if the Act under which the order is made either specifies no method of enforcement of the order or provides for enforcement by distress. (3) Money or bank notes belonging to a judgment debtor may be seized under a warrant to seize property but need not be sold. (4) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to a judgment debtor may be seized under a warrant to seize property and held as security for the judgment debt or the unsatisfied part of the judgment debt and when the time of payment arrives the person to whom the warrant is directed may demand and receive payment of them and may sue in any proper court in the name of the judgment debtor or in the name of any person in whose name the judgment debtor might have sued for the recovery of the money secured or made payable by them. **69.02 * * * * *** 69.03 Notice to person responsible for safe-keeping of seized property The prescribed form of notice under section 111(7A) of the Act is Form 69A. **69.04–69.06 * * * * *** 69.07 Notional possession of goods Notwithstanding that the sheriff leaves land on which goods have been seized under a warrant, the sheriff shall be taken to remain in possession of the goods if the sheriff leaves in a prominent position on or about the land on which the goods were seized or upon the goods seized a notice of the seizure listing the items seized. Order 70—Warrants of possession Order 71—Garnishee orders 71.01 Definitions and application (1) In this Order, unless the context or subject matter otherwise requires— ***co-operative*** means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative; ***garnishee*** means a person from whom a judgment creditor claims that a debt is due or accruing to a judgment debtor. (2) In this Order a reference to a garnishee order includes a reference to an attachment of debts order. (3) This Order does not apply to debts being earnings within the meaning of Order 72 due or accruing to the judgment debtor. 71.02 Attachable debts A debt may be attached under this Order if the debt is due or accruing to the judgment debtor from the garnishee on the day an application is made for a garnishee order. 71.03 Bank account An amount standing to the credit of a judgment debtor in an account in a bank or a co-operative is, for the purpose of this Order, a debt due or accruing to the judgment debtor, notwithstanding that any of the following conditions applicable to the account has not been satisfied— (a) that a demand or notice is required before money is withdrawn; (b) that a personal application must be made before money is withdrawn; (c) that a deposit book must be produced before money is withdrawn; (d) that a receipt for money deposited in the account must be produced before money is withdrawn. ***Bank*** is defined in Rule 1.13. 71.04 Garnishee (1) The Court constituted by a registrar may, on the application of the judgment creditor, order that all debts (other than earnings within the meaning of this Order) due or accruing from a garnishee to a judgment debtor be attached to answer the judgment debt. (2) An application for an order under paragraph (1)— (a) must be made by affidavit accompanied by a draft form of the order sought; and (b) may be made without notice to any person; and (c) may be made either before or after the examination of the judgment debtor under Order 67. (3) An order must not be made under paragraph (1) unless it is shown by affidavit— (a) that the judgment debt is unsatisfied, either wholly or to a stated extent; and (b) that— (i) a debt is due or accruing to the judgment debtor from the garnishee; and (ii) the garnishee is within Victoria; or (iii) if the garnishee is a partnership, one partner or some person apparently having the control or management of the partnership business, is within Victoria. (4) The registrar may refuse to make an order under paragraph (1) if the registrar is of the opinion that the remedy being sought is worthless or vexatious on account of the smallness of the amount to be recovered or of the debt sought to be attached or otherwise. (5) The judgment creditor may appeal to a magistrate against the refusal of the registrar to make an order under paragraph (1). (6) Any order made under paragraph (1) must be served on the garnishee personally within 7 days of the making of the order and such order binds the debts to which it applies upon service of the order. (7) An order under paragraph (1) must be in Form 71A or 71B whichever is appropriate. 71.05 Dispute of liability by garnishee If the garnishee disputes liability to pay the debt attached, the garnishee may make application to the Court, within 14 days of service of the garnishee order, to determine liability or to give directions for its determination. 71.06 Claim by another person Any person other than the judgment debtor who claims to be entitled to the attached debt or to a charge or lien on it may make application to the Court to determine the claim of entitlement or to give directions for its determination. 71.07 Discharge of garnishee Any payment made by a garnishee in compliance with, and any execution levied against a garnishee under a garnishee order is a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid or levied even if subsequently the garnishee proceedings are set aside or the order from which they arose is reversed or varied. Order 72—Attachment of earnings 72.01 Definitions ***attachment of earnings order*** means an order under Rule 72.03 or such order as varied from time to time; ***earnings***, in relation to a judgment debtor, means any amounts payable to the judgment debtor— (a) by way of wages or salary, including any fees, bonus commission, overtime pay or other emoluments payable in addition to wages or salary; or (b) by way of pension, including— (i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and (ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment— but does not include any pension payable to the judgment debtor under the Commonwealth Acts known as the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth; ***employer***, in relation to a judgment debtor, means a person (including the Crown, a Minister of the Crown, and any statutory authority representing the Crown) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the judgment debtor; ***judgment debt*** means the amount of money payable under an order and includes the costs of recovering that amount; ***net earnings*** in relation to a pay-day means the amount of the earnings becoming payable by a particular employer on that pay-day after making all proper deductions under income tax legislation of the Commonwealth; ***normal deduction***, in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay-day and either the last preceding pay‑day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer; ***pay-day*** means an occasion on which earnings to which the attachment of earnings order relates becomes payable; ***protected earnings*** in relation to an attachment of earnings order and in relation to a pay-day means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay-day and either— (a) the last preceding pay-day; or (b) where there is no last preceding pay‑day, the date on which the employer became, or last became, the judgment debtor's employer; ***the Court*** includes the Court constituted by a registrar. 72.02 Application for attachment of earnings order (1) A judgment creditor may apply for an attachment of earnings order. (2) An application under paragraph (1) must be by summons in Form 72A and must be supported by an affidavit which may contain statements of fact based on information and belief if the grounds are set out. (3) The affidavit must be in Form 72B. (4) The summons, a copy of the affidavit and a notice in Form 72C as to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor must be served on the judgment debtor not less than 14 days before the day for hearing named in the summons. (5) The Court must not make an attachment of earnings order to secure the payment of a judgment debt if a warrant has been issued in that case committing the judgment debtor to prison under the **Imprisonment of Fraudulent Debtors Act 1958** and has not been executed, but in that case the Court may discharge the warrant with a view to making an attachment of earnings order instead. 72.03 Attachment of earnings order (1) If the Court is satisfied— (a) that a judgment debtor is a person to whom earnings are payable or are likely to become payable; and (b) that a judgment debtor has failed to comply with an order with respect to a judgment debt— the Court may order a person who appears to the Court to be the judgment debtor's employer in respect of those earnings or part of those earnings to make out of those earnings or that part of those earnings payments in accordance with Rule 72.07. (2) If the Court constituted by a registrar is not satisfied that an order should be made under this Part, the registrar may, or if a party requests must, refer the matter to the Court for decision. 72.04 Examination of judgment debtor (1) On an application for an attachment of earnings order the Court may— (a) direct the judgment debtor to attend for an oral examination at the time and place specified in the direction; or (b) direct any person who appears to the Court to owe money to the judgment debtor or to be the employer of the judgment debtor to give the Court a statement signed by or on behalf of that person containing such particulars as are specified in the direction of money owed by that person to the judgment debtor that became payable during a period specified in the direction. (2) On an oral examination the Court must examine a judgment debtor as to the following matters— (a) the amount and source of the income of the judgment debtor; (b) the property and assets of the judgment debtor; (c) the cash that is readily available to the judgment debtor or can be made so available; (d) the debts, liabilities and other financial obligations of the judgment debtor— and may examine a judgment debtor as to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the judgment debt. (3) A document purporting to be a statement referred to in paragraph (1)(b) that may be in Form 72C is admissible in evidence in any proceedings for the enforcement of the order. (4) If an application is made to the Court for an attachment of earnings order and the Court is satisfied— (a) that the judgment debtor has been served with a copy of the application; and (b) that the judgment debtor has had a reasonable opportunity of attending the hearing; and (c) that the judgment debtor is employed by a known employer; and (d) as to the earnings of the judgment debtor— the Court may make an attachment of earnings order in the absence of the judgment debtor. (5) For the purposes of this Rule the Court may act on— (a) evidence given by or on behalf of the judgment debtor's employer; or (b) evidence given by the judgment debtor's spouse; or (c) any statement or information furnished under paragraph (1). (6) If the Court is considering an application for an attachment of earnings order in the absence of the judgment debtor or the judgment debtor's spouse and— (a) has before it sufficient evidence, in the opinion of the Court, on which to specify a protected earnings rate and a normal deduction rate, the Court must specify those rates; (b) does not have such evidence before it, the Court may, without specifying those rates, make an order requiring the payment by the judgment debtor's employer to the judgment creditor of such amount as the Court thinks reasonable having regard to the circumstances of the judgment debtor so far as they are known to the Court. (7) The provisions of paragraph (1)(a) are without prejudice to any other mode of enforcing the attendance of the judgment debtor before the Court. (8) An order under paragraph (1) must be in Form 72D or 72E, whichever is appropriate. 72.05 Contents of order (1) An attachment of earnings order (except an order under Rule 72.04(6)(b)) must specify either generally or in relation to any particular pay-day or pay-days the normal deduction rate, that is to say, the rate at which the Court considers it to be reasonable that the earnings of the judgment debtor should be applied in satisfying the order to which the attachment of earnings order relates but not exceeding a rate that appears to the Court to be necessary for the purpose of— (a) securing payment of the amount due and unpaid under the order; and (b) securing payment within a reasonable time of any costs ordered by the Court to be paid by the judgment debtor. (2) An attachment of earnings order may specify a normal deduction rate to apply for a specified number of pay-days after the order comes into force and a lower or higher normal deduction rate to apply to subsequent pay-days. (3) An attachment of earnings order (except an order under Rule 72.04(6)(b)) must also specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and needs of the judgment debtor and of any other person for whom the judgment debtor must or reasonably may provide, the Court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order. (4) An attachment of earnings order must specify an amount in respect of the clerical and administrative costs of making payments under the order which an employer is entitled to deduct in respect of each payment from the earnings of the judgment debtor in addition to any other amount. (5) Unless the Court— (a) has received from the judgment debtor a completed form pursuant to the notice in Form 72C given under Rule 72.02(4) as to the property and assets of the judgment debtor and the debts, liabilities and the financial obligations of the judgment debtor; or (b) has examined the judgment debtor as to those matters— the Court must not under paragraph (3) specify as the protected earnings rate a rate that is less than 80 per cent of the net earnings of the judgment debtor. (6) An attachment of earnings order must be in Form 72F. 72.06 Service of order (1) An attachment of earnings order must be served on the judgment debtor and on the person to whom the order is directed. (2) The order must not come into force until the expiration of 7 days after the day on which the order is served on the person to whom the order is directed. 72.07 Employer to make payments (1) An employer to whom an attachment of earnings order is directed must, in respect of each pay-day while the order is in force, if the net earnings of the judgment debtor exceed the sum of— (a) the protected earnings of the judgment debtor; and (b) so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any other previous pay-day— pay, so far as that excess permits, to the person specified in the order the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day. (2) If an employer fails to comply with a binding order under paragraph (1), the judgment creditor may apply to the Court to have the order enforced against the employer. (3) If at the time of an application under paragraph (2) the judgment debtor is not employed by the employer against whom an order is sought to be made, any order against the employer must not exceed the normal deductions that ought to have been deducted by the employer under a binding order under paragraph (1) while the judgment debtor was employed by that employer. (4) A payment made by an employer under paragraph (1) is a valid discharge to the employer as against the judgment debtor to the extent of the amount paid. 72.08 Attachment of earnings in place of other orders On the hearing of an application to enforce an order for the payment of money, the Court may, instead of making any other order, make an attachment of earnings order. 72.09 Execution after attachment of earnings Unless the Court otherwise orders, if an attachment of earnings order is in force, a warrant or other process of execution must not issue and an order must not be made for the enforcement of the order to which the attachment of earnings order relates. 72.10 Discharge or variation of order (1) If an attachment of earnings order is in force the Court may, on the application of the judgment creditor or the judgment debtor, discharge, suspend or vary the order. (2) The order suspending or varying an attachment of earnings order must be served on the respondent to the application and the person to whom the attachment of earnings order is directed. (3) An order suspending or varying an attachment of earnings order does not come into force until the expiration of 7 days after the day on which the order is served on the person to whom it is directed. 72.11 Cessation of attachment of earnings order (1) An attachment of earnings order ceases to have effect— (a) on being discharged under Rule 72.10; or (b) unless the Court otherwise orders, on the making of any other order for the recovery of the money owing under the order in relation to which the attachment of earnings order was made. (2) If an attachment of earnings order ceases to have effect, the registrar must without delay give notice accordingly to the person to whom the order was directed. (3) If an attachment of earnings order ceases to have effect, the person to whom the order is directed does not incur any liability in consequence of treating the order as still in force at any time before the expiration of 7 days after the day on which the notice required by paragraph (2) or a copy of the order discharging the attachment of earnings order, as the case requires, is served on that person. 72.12 Two or more attachment of earnings orders in force If earnings become payable to a judgment debtor and there are in force 2 or more attachment of earnings orders, whether made under these Rules or otherwise, in relation to those earnings, the person to whom the orders are directed— (a) must comply with those orders according to the respective dates on which they took effect and must disregard any order until the earlier order has been complied with; and (b) must comply with any order as if the earnings to which the order relates were the residue of the earnings of the judgment debtor after the making of any payment under an earlier order. 72.13 When varied order taken to be made For the purpose of this Rule, an attachment of earnings order which has been varied under Rule 72.10 is to be taken to have been made as so varied on the day on which the attachment of earnings order was made. 72.14 Notice to judgment debtor of payments (1) A person who makes a payment in compliance with an attachment of earnings order must give to the judgment debtor a notice specifying the particulars of the payment. (2) If a person served with an attachment of earnings order directed to that person is not the employer of the judgment debtor at the time of service of the order, that person must, without delay after service of the order, give notice in writing accordingly to the registrar and the judgment creditor. (3) If a person served with an attachment of earnings order directed to that person is the employer of the judgment debtor at the time of service of the order but ceases to be the judgment debtor's employer at any time thereafter, that person must, without delay after ceasing to be the judgment debtor's employer, give notice in writing accordingly to the registrar and the judgment creditor. 72.15 Determination of earnings (1) The Court must, on the application of the person to whom an attachment of earnings order is directed, determine whether payments to the judgment debtor of a particular class or description specified in the application are earnings for the purpose of that order. (2) A person to whom an attachment of earnings order is directed who makes an application under paragraph (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made by that person to the judgment debtor while the application, or any appeal from an order made on the application, is pending. (3) Paragraph (2) does not apply in respect of any payment made after an application is withdrawn or an appeal from an order made on the application is abandoned. 72.16 Service An order or document that is required or permitted to be served on a person under this Order must be served on that person— (a) personally; or (b) by registered post. Order 73—Charging orders and stop orders and notices Order 74—Enforcement by appointment of receiver Order 75—Contempt Order 76—Sequestration Order 77—Authority of masters Order 78—Proceedings under judgment Order 79—Funds in court Order 80—Service of foreign process Order 81—Obtaining evidence for external tribunal Order 82—Procedure under the Open Courts Act 2013 82.01 Definition ***the Act*** means the **Open Courts Act 2013**. (2) An expression used in the **Open Courts Act 2013** has the same meaning in this Order as it has in that Act. 82.02 Notice of application for suppression order (1) A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82A. (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. 82.03 Notice of application to review suppression order (1) A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82B. (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. Form 4A—Overarching obligations certification Rule 4.09 Overarching Obligations Certification In accordance with section 41 of the **Civil Procedure Act 2010**, I [*name of party*] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of that Act. [*To be signed personally by* *party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance*] Form 4AB—Certification of prior overarching obligations certification Rule 4.09.1 Certification of Prior Overarching Obligations Certification In accordance with section 41(5)(b) of the **Civil Procedure Act 2010**, I [*name of legal practitioner*] certify to the Court that [*name of party*] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification. [*To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court*] Form 4B—Proper basis certification Rule 4.10(2) Proper Basis Certification In accordance with section 42 of the **Civil Procedure Act 2010**, I [*name of legal practitioner or if not legally represented, name of party*] certify to the Court that, in relation to [*identify document to which certification relates*] filed on behalf of [*specify party*], on the factual and legal material available to me at present: [*in a civil proceeding which involves allegations of fact:*] *(a) each allegation of fact in the document has a proper basis; *(b) each denial in the document has a proper basis; *(c) there is a proper basis for each non-admission in the document. [*in a civil proceeding commenced by a complaint seeking a particular legal relief or remedy:*] *(a) each claim in the document has a proper basis; *(b) each response in the document to a claim has a proper basis; *(c) each question posed to the Court in the document has a proper basis; *(d) each response in the document to each question posed to the Court has a proper basis. Form 5A—Complaint Rule 5.02(1) Complaint IN THE MAGISTRATES' COURT Court Number AT [*insert proper venue*] BETWEEN *A.B.* Plaintiff [*full name*] OF and *C.D.* Defendant [*full name*] OF [*address of defendant*] 1. The address for service of the plaintiff is—[*address must be within Victoria if the plaintiff sues in person*] *2. Name and business address of the Australian lawyer for the plaintiff—[*if the Australian lawyer is acting as agent for another Australian lawyer, state the name and business address of the principal lawyer*] *3. The plaintiff sues (*or* the defendant is sued) in the following representative capacity [*e.g. as administrator of the estate of*]. 4. The email address for service on the plaintiff is— **NOTICE TO THE DEFENDANT** If you need an interpreter to help you read this document contact details for most languages are listed at www.mcv.vic.gov.au. **The plaintiff's claim against you is set out in the Statement of Claim.** You **MUST READ** the Statement of Claim. **IF YOU INTEND TO DEFEND this Complaint**, **YOU MUST GIVE NOTICE OF DEFENCE within 21 days** of the day you were served with this Complaint, to— (a) the plaintiff (at the address for service of the plaintiff as stated above); and (b) the registrar of the Magistrates' Court of Victoria at [*insert proper venue and address*]. **NOTICE OF DEFENCE** must be given in the proper form (Form 8A, 2 copies of which have been served with this Complaint) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed. **IF YOU PAY** the Plaintiff **within 21 days** of service of this Complaint the amount of $ [*insert amount*] and the costs of $ [*insert amount*] to the plaintiff or to the plaintiff's Australian lawyer without giving notice of defence and the plaintiff accepts that payment in full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance. **IF YOU DO NOT GIVE NOTICE OF DEFENCE** **WITHIN 21 DAYS** of service of this Complaint and have not paid the claim and the costs, the plaintiff may, **without there being a hearing of this claim by the Court and without giving you any further notice**, apply to the Court for an **ORDER (JUDGMENT) AGAINST YOU** for the amount of the claim and interest and costs **AND** take steps to enforce the order (judgment) and obtain payment. **The Court's registrars do NOT provide legal or financial advice** but may provide some information to you about the actions and processes you must undertake in order to defend this claim. If **before** giving **NOTICE OF DEFENCE**, you wish to get **FREE LEGAL or FINANCIAL ADVICE** you may be able to do so from free legal advice services and free financial counselling services. Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates' Court of Victoria's website at www.mcv.vic.gov.au. Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you. **Payment of Judgment Debt by Instalments** **IF YOU DO NOT** defend this claim and do not reach agreement with the plaintiff relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome. The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments. **STATEMENT OF CLAIM** 1. [*Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the defendant including particulars of every fact or matter.* *If the claim arises by or under any statute, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.* *If the claim arises out of a motor vehicle accident and the claim includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this complaint*.] 2. [*etc.*] THIS COMPLAINT IS VALID IF IT BEARS THE COURT NUMBER AND THE DATE OF FILING. [*To be signed by the plaintiff or the plaintiff's Australian lawyer*] Form 6A—Affidavit/declaration of service Rule 6.17 AFFIDAVIT/DECLARATION OF SERVICE I, [*full name*] of [*address and occupation*], *make oath and say *affirm and say *declare that I served [*describe each document and whether it was a copy of a document or an original document*] on [*name of the person served*] [*State all relevant information and facts as required by Rule 6.17(1) in numbered paragraphs which may include answers to the following:* *How did you identify the person you served and establish the person's identity?* *Was the person you served the person named in the document(s) to be served?* *At what time, day of the week and date did you serve the document(s) on the person?* *Where was the person served the document(s)? For example, was it at the residence or the business of the person?* *How was/were the document(s) served on the person? For example, by hand or by post?*] *[*For affidavits*] The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury. *[*For statutory declarations*] I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence. | *Sworn/Affirmed/ Declared at [*place*] in the State of Victoria on [*date*] Before: |  ⎪  ⎪  | [*Signed by person*] *authorised under section 30(2) of the **Oaths and Affirmations Act 2018** to witness the signing of a statutory declaration. *authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit. [*Name and address in legible writing, typing or stamp*] Form 7A—Service out of Australia—Notice to defendant served out of Australia Rule 7.05 Service out of Australia—Notice to defendant served out of Australia To the Defendant: 1. You have been served with an originating process out of Australia under Rules 7.01.1 to 7.09 of the Magistrates' Court General Civil Procedure Rules 2020 of the Magistrates' Court of Victoria. A copy of those Rules is enclosed for your information. They show the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia. 2. The grounds alleged by the plaintiff to support its claim to be entitled to serve you out of Australia are: [*specify grounds*] 3. If you do not give notice of defence in accordance with the Rules of the Court, the Court may, on application made by you, make an order setting aside the complaint or its service on you or dismissing or staying the proceeding. Without limiting the Court's powers in this regard, the Court may make such an order if satisfied that— (a) the service was not authorised by the Rules of the Court; or (b) this Court is an inappropriate forum for the trial of the proceeding; or (c) the claim has insufficient prospects of success to warrant putting you to the time, expense and trouble of defending the claim. 4. Alternatively you may give notice of defence (in the form prescribed by the Rules of the Court) within the time required under the Rules of the Court. 5. If you give notice of defence, additional procedural obligations (such as an obligation to file a notice of defence) may apply to you in accordance with the Rules of the Court. 6. If you do not give notice of defence within the time required under the Rules of the Court and you have not made an application of a kind referred to in paragraph 3, the Court may give leave to the plaintiff to proceed against you without further notice. Form 7AA—Subpoena to give evidence (New Zealand) Rule 7A.07(a) Subpoena to Give Evidence (New Zealand) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the Magistrates' Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the Magistrates' Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. **Note:** Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice. Unless the subpoena is set aside, you must comply with the attached subpoena if— (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either— (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and If you do not comply with the subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have the necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. **Note:** The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND) AT TO: [*name* *and* *address*] **You are ordered to attend to give evidence.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition **Please read Notes 1 to 8 at the end of this subpoena.** Date, time and place at which you must attend to give evidence, unless you receive a 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. **Notes:** (a) a copy of the order giving leave to serve this subpoena in New Zealand; and 2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of this subpoena. 3. 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 this subpoena, actual knowledge of this subpoena and of its requirements. 4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer. 5. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this 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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena. 7. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AB—Subpoena to produce documents (New Zealand) Rule 7A.07(b) Subpoena to Produce Documents (New Zealand) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the Magistrates' Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the Magistrates' Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. **Note:** Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice. 1. Unless the subpoena is set aside, you must comply with the attached subpoena if— (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either— (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and 2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena. If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. **Note:** The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND) AT TO: [*name* *and* *address*] **You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition **Please read Notes 1 to 16 at the end of this subpoena.** 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 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 below to— (i) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one 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 (ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 6–12) Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things: Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted: **Schedule** [*If insufficient space attach list*] **Notes*** (a) a copy of the order giving leave to serve the subpoena in New Zealand; and 2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of the subpoena. 3. 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 this subpoena, actual knowledge of this subpoena and of its requirements. 4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer. 5. In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to— (a) the Registrar at the address specified in this subpoena for the purpose, or 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 this subpoena for attendance and production; or (b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. 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 this 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. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce. 9A. The copy of a document may be— (b) in an electronic form that the issuing party has indicated will be acceptable. **Return or destruction of documents or copies** 10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed. 11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you. 12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this 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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena. **Banker's book** 14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand). 15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AC—Subpoena to give evidence and produce documents (New Zealand) Rule 7A.07(c) Subpoena to Give Evidence and Produce Documents (New Zealand) AT The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)). 1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena. 2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: '**Your obligations**'). 3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the Magistrates' Court of Victoria that you be paid the additional amount you incurred. 4. You may apply to the Magistrates' Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible. 5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand. **Note:** Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice. 1. Unless the subpoena is set aside, you must comply with the attached subpoena if— (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either— (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and 2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena. If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed. (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or (d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or (e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence). (a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense; (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means. **Note:** The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application. 3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address. 4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application. 5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing. 6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand. 7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used. SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND) AT TO: [*name and address*] **You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule.** See next page for details. **Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition **Please read Notes 1 to 16 at the end of this subpoena.** **Details of subpoena to give evidence** 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. **Details of subpoena to produce documents** In so far as you are required by this subpoena to produce this 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 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 below to— (i) the Registrar at the address specified in this subpoena for the purpose, or 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 this subpoena for attendance and production; or (ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. (See Notes 6–12) Date, time and place at which you must attend to produce this subpoena or a copy of it and documents or things: Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted: **Schedule** [*If insufficient space attach list*] **Notes:** (a) a copy of the order giving leave to serve this subpoena in New Zealand; and 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. 3. 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 this subpoena, actual knowledge of this subpoena and of its requirements. 4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer. 5. In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to— (a) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or (b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. 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 this 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. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that this subpoena requires you to produce. 9A. The copy of a document may be— (b) in an electronic form that the issuing party has indicated will be acceptable. **Return or destruction of documents or copies** 10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed. 11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you. 12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this 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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena. **Banker's book** 14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand). 15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand). 16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. Form 7AD—Certificate of non-compliance with subpoena (New Zealand) Rule 7A.10 Certificate of Non-compliance with Subpoena (New Zealand) AT TO THE HIGH COURT OF NEW ZEALAND The Magistrates' Court of Victoria certifies that— (a) the Court gave leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 of the Commonwealth on [*insert date of leave*]; and (b) [*person named in subpoena*] has failed to comply with the subpoena. A copy of the subpoena and a copy of the order giving leave to serve in New Zealand are annexed to this certificate. *No application to set aside the subpoena either wholly or in part has been made. OR *An application to set aside the subpoena was dismissed by order made on [*insert date*]. A copy of this order is annexed to this certificate. Form 8A—Notice of defence Rules 8.03(1), 10.04(7), 11.07(5) Notice Of Defence TO THE PLAINTIFF AND TO THE REGISTRAR OF THE MAGISTRATES' COURT AT TAKE NOTICE that the defendant intends to defend this complaint. AND TAKE NOTICE that the defendant's defence is as follows [*set out the defence of the defendant in paragraphs numbered consecutively with each fact or matter stated so far as practicable in a separate paragraph*]. 1. 2. etc. **Notes** 1. A defence— (a) must state which of the facts in the statement of claim are admitted, denied or not admitted—see Rule 13.02(1); and (b) if the proceeding is referred to arbitration, must state with particularity the date, place, circumstances, facts or other matters relied on in defence of the claim. 2. A defendant who in the defence does not state whether a fact stated in the statement of claim is admitted, denied, or not admitted, will be taken to admit the fact—see Rule 13.02(2). 3. A defendant who states that a fact stated in the statement of claim is denied must— (a) give the reason for denying the fact; and (b) if the defendant intends to prove a fact different from that stated in the statement of claim, state with necessary particulars the fact that the defendant intends to prove—see Rule 13.02(3). 4. Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not except in cross‑examination adduce any evidence with respect to that fact at the hearing of the proceeding—see Rule 13.02(4). 5. The defendant must state specifically with particulars any fact or matter which— (a) makes the claim of the plaintiff not maintainable; or (b) if not stated specifically, might take the plaintiff by surprise; or (c) raises questions of fact not arising out of the statement of claim—see Rule 13.02(5). 6. If the defence arises by or under any Act, the defence must identify the specific provision relied on—see Rule 13.02(6). * Defendant [*signed*] * Defendant's Australian lawyer [*signed*] 1. **This notice was signed**— * by the defendant in person; * for the defendant corporation by [*name of person*] of [*address*] who holds the position of [*director, secretary or other person authorised in writing by the defendant corporation*]; * for the defendant by [*name or firm of Australian lawyer*], Australian lawyer(s), of [*business address of Australian lawyer*]. 2. **The address of the defendant is**— [*insert address*]. 3. **The address for service of the defendant is**— [**If the Service and Execution of Process Act 1992 of the Commonwealth applies*] The address for service of the defendant within Australia is [*insert address*]. [**If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies*] The address for service of the defendant in Australia or New Zealand is [*insert address*]. [**If neither of those Acts applies and the defendant appears in person*] The address for service of the defendant within Victoria is [*insert address of the defendant within Victoria, not being a post office box*]. [**If neither of those Acts applies and the defendant defends by an Australian lawyer*] The name or firm and the business address of the Australian lawyer of the defendant is [*insert name or firm and business address*]. [**If neither of those Acts applies and the Australian lawyer is an agent of another*] The name or firm and business address of the principal is [*insert name or firm and business address*]. 4. **The email address for service of the defendant is**— Form 10A amended by S.R. No. 102/2022 rule 24. Form 10A—Counterclaim Rule 10.02(4) and 10.04(5) Counterclaim NAME AND ADDRESS of Australian lawyer for the defendant— [*If no Australian lawyer*] Address for service of the defendant— **STATEMENT OF COUNTERCLAIM** [*Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.* *If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.* *If the counterclaim arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim.*] **TO THE PLAINTIFF** **TAKE NOTICE** that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim. IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, **within 21 days of service upon you of this counterclaim**, to— (a) the defendant; and (b) the registrar of the Magistrates' Court of Victoria at [*insert proper venue*]. IF YOU GIVE NOTICE OF DEFENCE, the Court will write to you and tell you of the hearing date. IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice. 1. The address of the defendant is— [*insert address*]. 2. The address for service of the defendant is— [**If the Service and Execution of Process Act 1992 of the Commonwealth applies*] The address for service of the defendant within Australia is [*insert address*]. [**If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies*] The address for service of the defendant in Australia or New Zealand is [*insert address*]. [**If neither of those Acts applies and the defendant appears in person*] The address for service of the defendant within Victoria is [*insert address of the defendant within Victoria, not being a post office box*]. [**If neither of those Acts applies and the defendant defends by an Australian lawyer*] The name or firm and the business address of the Australian lawyer of the defendant is [*insert name or firm and business address*]. [**If neither of those Acts applies and the Australian lawyer is an agent of another*] The name or firm and business address of the principal is [*insert name or firm and business address*]. 3. The email address of the defendant is— [*insert email address*]. THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Form 10B—Counterclaim Rule 10.02(5) and 10.04(6) Counterclaim (*service outside Australia*) NAME AND ADDRESS of Australian lawyer for the defendant— [*If no Australian lawyer*] Address for service of the defendant— **STATEMENT OF COUNTERCLAIM** [*Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.* *If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.* *If the counterclaim arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim.*] **TO THE PLAINTIFF** TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim. IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, **within the proper time to give notice of defence**, to— (a) the defendant; and (b) the registrar of the Magistrates' Court of Victoria at [*insert proper venue*]. **IF YOU GIVE NOTICE OF DEFENCE THE ADDRESS FOR SERVICE OF THE DEFENDANT MUST BE IN VICTORIA**; and THE COURT will write to you and tell you of the hearing date. IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN THE PROPER TIME TO GIVE NOTICE OF DEFENCE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice. *****THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows— (a) where you are served with the counterclaim in Papua New Guinea, within 28 days after service; (b) where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (c) where you are served with the counterclaim in any other place out of Australia, within 42 days after service. THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Form 11A amended by S.R. No. 102/2022 rule 25. Form 11A—Third party notice Rules 11.02, 11.15(4) Third Party Notice IN THE MAGISTRATES' COURT 20 No. OF VICTORIA AT BETWEEN *A.B*. Plaintiff and *C.D.* Defendant and *E.F.* Third Party To E.F. If you need an interpreter to help you read this document contact details for most languages are listed at www.mcv.vic.gov.au. **TAKE NOTICE** that— (a) the plaintiff has brought this proceeding against the defendant for the claim set out in the complaint and statement of claim; and (b) the defendant disputes the plaintiff's claim on the grounds set out in the defendant's Notice of Defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice. **IF YOU INTEND TO DISPUTE** the plaintiff's claim against the defendant, or the defendant's claim against you, **YOU MUST GIVE NOTICE OF DEFENCE** within the *proper time for giving Notice of Defence stated below. **NOTICE OF DEFENCE** must be given in the proper form (Form 8A, 2 copies of which have been served with this Notice) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed. **YOU OR YOUR AUSTRALIAN LAWYER** may file a Notice of Defence at the above venue of the Court. **IF YOU DO NOT** give a Notice of Defence within the *proper time you will be taken to admit the validity of any final order (judgment) against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may **OBTAIN A FINAL ORDER (JUDGMENT)** **AGAINST YOU** without further notice. ***THE PROPER TIME TO GIVE NOTICE OF DEFENCE** is as follows— (a) where you are served with the notice in Victoria, within 21 days after service; (b) where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service; (c) where you are served with the notice in Papua New Guinea, within 28 days after service; (d) where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed; (e) where you are served with the notice in any other place, within 42 days after service. **The Court's registrars do NOT provide legal or financial advice** but may provide some information to you about the actions and processes you must undertake in order to dispute the plaintiff's claim against the defendant, or the defendant's claim against you. If **before** giving **NOTICE OF DEFENCE**, you wish to get **FREE LEGAL or FINANCIAL ADVICE** you may be able to do so from free legal advice services and free financial counselling services. Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates' Court of Victoria's website at www.mcv.vic.gov.au. Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you. **Payment of Judgment Debt by Instalments** **IF YOU DO NOT** defend this claim and do not reach agreement relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome. The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments. THIS THIRD PARTY NOTICE IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING STATEMENT OF CLAIM [*Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the third party including particulars of every fact or matter.* *If the claim against the third party arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.* *If the claim against the third party arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this claim*.] 1. **This notice was filed— (a) by the defendant in person; (b) for the defendant by [*name of firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]; (c) for the defendant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*] as agent for [*name or firm of principal Australian lawyer*], Australian lawyer, of [*business address of principal*]. 2. The address of the defendant is— 3. The address for service of the defendant is— 4. The address of the third party is— 5. The email address of the third party is— ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * [*Strike out this paragraph where order made fixing time for giving notice of defence and substitute* "THE PROPER TIME TO GIVE NOTICE OF DEFENCE is within days after service on you of this notice.] ** [Complete or strike out as appropriate.] Form 11B—Notice claiming contribution Rule 11.15(5) Notice Claiming Contribution TO THE DEFENDANT TAKE NOTICE that the plaintiff has brought this proceeding against the defendants to recover damages for loss sustained [*give brief statement of plaintiff's claim*]. AND TAKE NOTICE that the [*identify party*] claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover against that party in the proceeding [*where appropriate* to the extent of such amount as may be found by the Court to be just and equitable, having regard to your responsibility for such damages on the ground that [*insert ground(s)*]]. Form 12A—Stakeholder's interpleader summons Rule 12.02(3)(c) Stakeholder's Interpleader Summons To [*the claimants*] The claimant or claimants, [*name of claimant or claimants*] has claimed the goods [*or* certain goods] [*if only certain goods are claimed, list them*] [*or* the proceeds of sale of [*goods*]] that are property in dispute in this proceeding. TAKE NOTICE that the Court will hear the claim at [*time*] on [*date*]. Form 12B—Notice of claim to goods taken in execution Rule 12.05(1)(b) Notice of Claim to Goods Taken in Execution To the [*execution creditor*] TAKE NOTICE that *A*.*B*. has claimed the goods [*or* certain goods] [*where only certain goods are claimed here enumerate them*] taken in execution by the sheriff under the warrant of execution issued in this proceeding. WITHIN 5 days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of *A*.*B*. to the goods. IF you do not within the period of 5 days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of 5 days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given. Sheriff Form 12C—Sheriff's interpleader summons Rule 12.07(2)(c) Sheriff's Interpleader Summons To [*execution creditor*] and To the [*claimant*] The claimant, [*name of claimant*] has claimed the goods [*or* certain goods] [*if only certain goods are claimed, list them*] [*or* the proceeds of sale of [*goods*]] taken in execution by [*person to whom warrant was directed*] under the warrant to seize property in this proceeding. TAKE NOTICE that the Court will hear the claim at [*time*] on [*date*]. Form 15A—Order approving compromise of claim of person under a disability Rule 15.08(7) ORDER APPROVING COMPROMISE OF CLAIM OF PERSON UNDER A DISABILITY MAGISTRATE: DATE MADE: HOW OBTAINED: [*state whether on application by summons before hearing with date of summons, or at hearing with date of commencement of hearing*] ATTENDANCE: OTHER MATTERS: 1. The plaintiff was born on [*insert date of birth*]. 2. By a compromise entered into on [*insert date*] the defendant proposes to pay and the plaintiff desires to accept $ for the benefit of the plaintiff and the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceeding. 3. The Court read the following material: (a) [*identify affidavits by date and name of deponent*]; (b) the exhibits to the affidavits including the opinion of of Counsel dated [*insert date*]. 4. The defendant consents to the proposed compromise. THE COURT ORDERS THAT: 1. [*where order is made by a Magistrate*] There be special leave for the application to be made to a Magistrate. 2. The compromise be approved. 3. The defendant within [*insert number of days*] days after service of a copy of this order on the defendant's Australian lawyers pay $ to the Senior Master of the Supreme Court for the benefit of the plaintiff [*where appropriate* and $ to the Australian lawyers for the plaintiff, to be disbursed or retained by them in payment of the items totalling $ referred to in the affidavit of dated [*insert date*]]. 4. The costs of the plaintiff, including the costs of this application, be taxed, and when taxed, paid by the defendant. 5. Subject to any further order, the Senior Master of the Supreme Court invest $ for the plaintiff to be paid out with the interest accrued thereon to the plaintiff upon his or her attaining the age of 18 years. 6. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed. 7. Each party have liberty to apply. 8. The exhibits to the affidavits [*where appropriate* and a transcript of the evidence with respect to the application] be transmitted to the Senior Master's clerk. DATE AUTHENTICATED: Form 19A—Notice of a constitutional matter Rule 19.02(3) Notice of a Constitutional Matter 1. The [*party whose case raises the matter*] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth. 2. [*State specifically the nature of the matter*]. 3. [*State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies*]. And to Form 21A—Application for order in default of defence Rule 21.01(2)(a) Application for Order in Default of Defence 1. The plaintiff applies for an order for the claim with interest to the date of the order and costs shown below. 2. The defendant has not given notice of defence to the plaintiff. 3. An affidavit/declaration of service of the complaint has been filed. 4. Details of the order sought are: CLAIM | Claim | $ | | | Less amounts paid since claim | $ | | INTEREST | Date of issue of complaint: | | | | to , days @ % | $ | | | to , days @ % | $ | | [*Attach schedule where necessary*] COSTS | Professional costs | $ | | | Fee on complaint | $ | | | Fee on this application | $ | | | Service fee | $ | | | Attempted service fee(s)—total | $ | | | Distance fee | $ | | | Search fee | $ | | | Necessary affidavit(s) [*specify*] | $ | | | Other(s) [*specify*] | $ | | | Subtotal | $ | | | Less any costs paid | $ | | [*plaintiff or plaintiff's Australian lawyer*] Form 21B—Application for an order for costs Rule 21.08(2) Application for an Order for Costs 1. The defendant applies for an order for costs against the plaintiff. 2. The complaint was dismissed on [*insert date or date of noncompliance*]. 3. Details of the order sought are: COSTS | Instructions to defend | $ | | Fee on this application | $ | | Necessary affidavit(s) [*specify*] | $ | | Other(s) [*specify*] | $ | [*defendant or defendant's Australian lawyer*] Form 22A—Summons for application for summary judgment by plaintiff Rule 22.04(1A) Summons for Application for Summary Judgment by Plaintiff **(Section 61 of the Civil Procedure Act 2010)** To: [*insert name of the defendant*]. You are summoned to attend before the Court on the hearing of an application by the plaintiff for summary judgment in the proceeding. 1. The plaintiff applies for summary judgment of the claim with interest to the date of the judgment and costs on the grounds set out in the accompanying affidavit(s). 2. UNLESS you satisfy the Court, by affidavit or otherwise, that you have a real prospect of success of defending the claim or part of the claim, or disclose facts deemed by the Court sufficient to entitle you to defend the claim, or part of the claim, the Court may give judgment in favour of the plaintiff for the amount of the claim, or part of the claim. 3. The application will be heard in 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. This summons was filed by , Australian lawyer for the [*identify party*]. Form 22B—Summons for application for summary judgment by defendant Rule 22.17 Summons for Application for Summary Judgment by Defendant **(Section 62 of the Civil Procedure Act 2010)** To: [*insert name of the plaintiff*]. You are summoned to attend before the Court on the hearing of an application by the defendant for summary judgment in the proceeding. 1. The defendant applies for summary judgment in the proceeding and costs [**on the grounds set out in the accompanying affidavit(s)*]. 2. UNLESS you satisfy the Court, by affidavit or otherwise, that your claim, or part of your claim, has a real prospect of success, or disclose facts deemed by the Court sufficient to entitle you to make your claim, or part of your claim, the Court may give judgment in favour of the defendant. 3. The application will be heard in 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. This summons was filed by , Australian lawyer for the [*identify party*]. Form 28A revoked by S.R. No. 102/2022 rule 26. Form 29A—Notice for discovery Rule 29.02(2) Notice for Discovery You are required to make discovery of documents within 28 days after service of this notice on you. Form 29B—Affidavit of documents Rule 29.04 Affidavit of Documents I, the abovenamed [*insert name*], *make oath/*affirm and say as follows: 1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered. 2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground— (a) as to documents numbered 4 to 6, that [*state the ground*]; (b) as to document numbered 7, that [*state the ground*]. 3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered. 4. Document numbered [*e.g. 8*], referred to in Schedule 2, was last in my possession, custody or power on [*state when*] and I believe that [*state belief as to what has become of it*]. 5. To the best of my knowledge, information and belief neither I nor my Australian lawyer nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2. *6. In making a reasonable search as required by Rule 29.01.1 of the Magistrates' Court General Civil Procedure Rules 2020, I did not search for the following category or class of document [*specify which category or class of document for which no search was made*]. *7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [*specify reason*]. [*Describe each document in the Schedules as original or copy*.]