Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020

The Rules establish several distinct procedural regimes. Arbitration (Order 2) applies automatically to proceedings where the monetary relief sought is less than the amount set out in section 102(1) of the Magistrates' Court Act 1989 (r 2.01). Parties in arbitration are prohibited from serving requests for further particulars, replies, notices to admit, discovery notices, interrogatories or expert witness statements (r 2.04). If the claim or counterclaim is $5,000 or more, each party must serve a list of documents identifying documents that support or are injurious to their case, at least 14 days before the pre-hearing conference or arbitration (r 2.05). Offers of compromise in arbitration are governed solely by Rules 2.07A to 2.10A; Rule 26.08 of the General Civil Procedure Rules does not apply (r 2.07A). Cost scales in arbitration are set out in Appendices AA to AD, with caps dependent on the amount awarded and whether the arbitration exceeded two hours, plus additional amounts if a pre-hearing conference or mediation was held (Appendices AA, AB, AC, AD; definitions of Cap A, B, C in r 2.01A). Service and execution of process (Order 3) deals with interstate enforcement; the Court may provide sealed copies of orders in Forms 3A or 3B for registration, and enforcement requires an affidavit in Form 3C stating the order is capable of enforcement (rr 3.03, 3.04). Interest on registered orders must be calculated at the rate specified in the court of rendition (r 3.07). Appeals (Order 5) apply where any Act allows an appeal to a magistrate or the Court; the appellant must file a notice of appeal in Form 5A, serve it, and within 14 days file an affidavit setting out facts relating to the order and grounds (rr 5.01-5.04). The registrar fixes a hearing date at the time of filing (r 5.05). Vexatious proceedings (Order 12) prescribe forms for applications for leave to apply for limited or extended litigation restraint orders (Form 12A), for the orders themselves (Form 12B), for acting in concert orders (Form 12C), and for leave to proceed under each type of restraint order (Forms 12D-12H). Notice of applications for leave to proceed must be given to the Attorney-General and others as directed by the Court, using Form 12I (r 12.08). Applications to vary or revoke restraint orders require prior leave (Forms 12J, 12K) and notice in Form 12L (rr 12.09-12.11). Industrial Division proceedings (Order 13) are commenced by complaint in Form 13A (r 13.02). The defendant must give a response in Form 13B within 14 days if served in Victoria or another part of Australia, 28 days if in Papua New Guinea, or 30 working days if served in New Zealand under the Trans-Tasman Proceedings Act 2010 (r 13.03). No counterclaim, third party claim, joinder, pleadings, discovery or interrogatories are permitted unless the Court orders otherwise (r 13.05). A hearing readiness certificate in Form 13E must be completed by all parties and cannot be filed unless it states the parties are ready with at least 14 days notice (r 13.06).

The Rules affect any person or entity involved in civil proceedings within the Magistrates' Court of Victoria that fall within the specific subject matters covered. This includes plaintiffs and defendants in claims below the arbitration threshold (currently the amount in s 102(1) of the Act), who are automatically subject to the streamlined arbitration procedure (Order 2). Lawyers and litigants in those arbitrations are restricted from using standard pre-trial procedures such as discovery, interrogatories or expert witness statements (r 2.04). Parties seeking to enforce Victorian orders interstate or to register interstate orders in Victoria under the Service and Execution of Process Act 1992 must use the forms and procedures in Order 3. Persons appealing from decisions of tribunals or other bodies to the Magistrates' Court must comply with Order 5, including the 14-day affidavit requirement (r 5.04). Employers, workers and insurers are affected by Order 6, which governs applications for appointment of nominal defendants under the Workers Compensation Act 1958 and for referral of medical questions to a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013 (rr 6.02, 6.04). Corporations and their officers facing proceedings under the Corporations Act in the Magistrates' Court must follow Order 7, including filing a supporting affidavit with the complaint (r 7.02) and serving documents at least 7 days before the mention date (r 7.04). Debtors who may have fraudulently disposed of property are subject to commitment summonses under Order 8, which requires an affidavit in Form 8A (r 8.01). Parties to bills of exchange, promissory notes or orders for payment of money under the Instruments Act 1958 are governed by Order 9, which provides a summary procedure with strict time limits for seeking leave to defend (Forms 9A-9E, rr 9.03-9.07). Claimants and respondents in building and construction payment disputes under the Building and Construction Industry Security of Payment Act 2002 are affected by Order 10, which allows registrars to make orders on adjudication certificates (r 10.03) and provides for stays of payments (r 10.06). Persons whose matters have been transferred from VCAT to the Magistrates' Court under Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 (federal subject matter) are governed by Order 10A, including requirements for substituted proceeding complaints or summons in Form 10A and notices of reply in Form 10B (rr 10A.02, 10A.03). Vexatious litigants and persons acting in concert with them are affected by Order 12, which prescribes forms and procedures for obtaining, challenging and varying litigation restraint orders. Employers and employees involved in industrial claims under federal or state workplace laws are affected by Order 13, which sets out the complaint and response forms (Forms 13A, 13B), restricts counterclaims and other procedures unless the Court grants leave (r 13.05), and requires a hearing readiness certificate (Form 13E) before a matter can proceed to hearing (r 13.06). Registrars, judicial registrars and magistrates are also affected as they exercise powers under these Rules.

Key duties include the obligation of parties in arbitration to serve lists of documents when the claim or counterclaim is $5,000 or more (r 2.05(1)). The list must identify each document that supports or is injurious to the claim or defence (r 2.05(2)). In proceedings relating to motor vehicle accidents, each party must serve assessor's reports or related documents at least 14 days before the pre-hearing conference or arbitration (r 2.06). Parties in arbitration have the right to make offers of compromise (r 2.07A), and cost consequences are set out in Appendices AB, AC and AD depending on whether the offer was accepted or rejected and when it was served. A plaintiff may join a third party as a defendant if the defendant files a third party notice (r 2.07). In instruments proceedings under Order 9, a defendant may apply for leave to defend within the time specified in section 5 of the Instruments Act (r 9.04). If leave is granted but no notice of defence is given within 21 days, the plaintiff may obtain an order (r 9.05(3)(b)(ii)). A defendant may also apply after an order is made, relying on special circumstances, and the Court may set aside the order on terms (r 9.07). Importantly, no steps to enforce the order may be taken for 14 days from filing such an application or until it is heard (r 9.07(4)). In Industrial Division proceedings, a defendant must give a response within the time specified in the complaint (r 13.03) and the plaintiff may apply for an order in default if no response is received (r 13.04). The duty to complete a hearing readiness certificate is imposed on all parties; a party who refuses or neglects to do so allows another party to apply to the Court for an order setting the proceeding down for hearing (r 13.07). The Court has a general power of amendment to determine the real question in issue or correct any defect (r 11.03), and a registrar may amend a complaint before service (r 11.04). The Court may give directions conducive to effective, complete, prompt and economical determination (r 11.05). The Court also has power to order inspection, detention or preservation of property, including authorising entry, taking samples, photographing and conducting experiments (r 11.06). An applicant may be required to give security for costs and expenses (r 11.06(4)).

The Rules themselves do not create penalties but regulate costs, interest and enforcement procedures. In arbitration, if no offer of compromise is served, the Court may award costs in accordance with Appendix AA, which sets maximum professional costs depending on the amount awarded and whether the arbitration exceeded two hours. For example, for an amount awarded of $500 or more but less than $3,000, costs may not exceed $2,039 (or $3,060 if arbitration exceeds two hours) (Appendix AA Table items 1,4). Additional amounts of $385, $478 or $575 apply if a pre-hearing conference or mediation was held (Appendix AA Part B). If an offer of compromise is served by the plaintiff and not accepted, and the plaintiff obtains a no less favourable award, the defendant must pay costs calculated as Cap plus percentages varying from 25% to 75% depending on when the offer was served (Appendix AB). Similar scaled costs apply when the defendant serves an offer not accepted (Appendix AC). Where a plaintiff's offer is accepted, the defendant pays costs at 25%, 50% or 75% of Cap depending on timing (Appendix AD). The Court may also award disbursements, including out-of-pocket expenses and witness and interpreter expenses (r 2.11). For enforcement of orders under the Service and Execution of Process Act 1992, a person seeking enforcement must file an affidavit stating the order is capable of enforcement (r 3.04). Interest must be calculated at the rate specified in the court of rendition and endorsed on the warrant; a warrant without such endorsement cannot be used to calculate or recover interest (r 3.07). In instruments proceedings, after an order is made, a defendant who applies for leave to defend under section 6 of the Instruments Act is protected by a 14-day stay on enforcement steps (r 9.07(4)). In Industrial Division proceedings, if a defendant defaults by not providing a response, the plaintiff may apply for an order, supported by an affidavit in Form 13D (rr 13.04, Forms 13C, 13D). The Court also has power to impose orders costs on adjournments (r 12.15). For vexatious proceedings, the Court may grant limited, extended or general litigation restraint orders, and persons subject to such orders must seek leave to commence or continue proceedings (Order 12). The forms and procedures ensure that non-compliance with restraint orders can be addressed. In substituted proceedings under Order 10A, Order 21 of the General Civil Procedure Rules (default judgment) does not apply (r 10A.06). For building and construction payment disputes, adjudication certificates can be enforced through orders made by a registrar (rr 10.02, 10.03), and stays of payments by a principal are available under section 37(1) of the Act (r 10.06).

The Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers (r 1.02). They operate as Chapter II of the Rules of the Magistrates' Court of Victoria (r 1.01). The Magistrates' Court General Civil Procedure Rules 2020 apply as a default to any proceeding under these Rules, except as otherwise provided (r 1.06). For example, in arbitration, Rule 26.08 of the General Civil Procedure Rules is excluded (r 2.07A), but the remainder of Order 26 on offers of compromise applies so far as practicable (Note to r 2.07A). Order 3 incorporates the Commonwealth Service and Execution of Process Act 1992 and uses its definitions (r 3.01). The Rules specifically interact with the Workers Compensation Act 1958 (Order 6) and the Workplace Injury Rehabilitation and Compensation Act 2013, including referral of medical questions to a Medical Panel under section 304 of the latter (r 6.04). Order 7 applies to proceedings under the Corporations Act and requires compliance with Rule 2.4 of the Supreme Court (Corporations) Rules 2013 for supporting affidavits (r 7.02(2)). Order 8 deals with the Imprisonment of Fraudulent Debtors Act 1958 Part III (r 8.01). Order 9 relates to Part I of the Instruments Act 1958 and references sections 4, 5 and 6 of that Act (rr 9.04, 9.05, 9.07). Order 10 governs proceedings under the Building and Construction Industry Security of Payment Act 2002, particularly sections 28R, 33 and 37 (rr 10.02, 10.05, 10.06). Order 10A was inserted by S.R. No. 143/2021 to implement Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 concerning federal subject matter (r 10A.01). It incorporates sections 57B, 57C, 110, 120, 140 and 141 of the VCAT Act and applies rule 4.10 of the VCAT Rules 2018 to service (r 10A.05). The Vexatious Proceedings Act 2014 is the primary legislation underlying Order 12; the Rules prescribe forms for applications under several sections of that Act (rr 12.02-12.11). Order 13 governs proceedings in the Industrial Division of the Magistrates' Court, which may involve claims under the Fair Work Act 2009 (Commonwealth), Long Service Leave Act 2018, Occupational Health and Safety Act 2004, Outworkers (Improved Protection) Act 2003, Public Holidays Act 1993, and Workplace Injury Rehabilitation and Compensation Act 2013 (Form 13A). The Rules also interact with the Trans-Tasman Proceedings Act 2010 (Commonwealth) for service and for civil registry courts designated in Appendix B (r 11.01(2). The Neighbourhood Justice Division has jurisdiction over proceedings under the Fences Act 1968 and federal family law jurisdiction under sections 39(6) or 69J of the Family Law Act 1975 (Cth) (r 11.02). The Court's general power of amendment (r 11.03) and power to give directions (r 11.05) are exercisable notwithstanding other procedural rules. The Rules also reference the Oaths and Affirmations Act 2018 for affidavit-taking (Form 13D). The Interpretation of Legislation Act 1984 applies to the interpretation of the Rules (Endnotes 1).

The Rules were made on 20 October 2020 and came into operation on 25 October 2020 (r 1.03(1)). Since then, eight amending statutory rules have been incorporated into Version No. 011 as at 1 January 2026. S.R. No. 23/2021 (Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2021) amended definitions of Cap A, Cap B, Cap C in rule 2.01A and Appendix AA, effective from 1 April 2021. S.R. No. 89/2021 (Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs Amendment) Rules 2021) amended headings of rules 2.09, 2.10A, substituted rule 2.10A(1) and amended rule 2.10A(3) and Appendix AD heading, effective 20 July 2021. S.R. No. 143/2021 (Magistrates' Court Chapter II and Judicial Registrars Amendment (Federal Jurisdiction Matters) Rules 2021) inserted Order 10A (rules 10A.01 to 10A.07) and Forms 10A and 10B, effective 29 November 2021. S.R. No. 167/2021 (Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2021) amended definitions of Cap A, Cap B, Cap C in rule 2.01A and Appendix AA, effective 1 January 2022. S.R. No. 20/2022 (Magistrates' Court (Miscellaneous Civil Proceedings) (Industrial Division Amendment) Rules 2022) inserted Order 13 (rules 13.01 to 13.07) and Forms 13A, 13B, 13C, 13D, 13E, effective 11 April 2022. S.R. No. 134/2022 (Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2022) amended definitions in rule 2.01A and Appendix AA, effective 1 January 2023. S.R. No. 68/2023 (Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings Amendment Rules 2023) revoked rule 13.02(2) and amended Forms 13A, 13B, 13C, 13D, effective 1 July 2023. S.R. No. 128/2023 (Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2023) amended definitions in rule 2.01A and Appendix AA, effective 1 January 2024. S.R. No. 134/2024 (Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2024) amended definitions in rule 2.01A and Appendix AA, effective 1 January 2025. S.R. No. 134/2025 (Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2025) amended definitions in rule 2.01A and Appendix AA, effective 1 January 2026. The Rules will sunset on 20 October 2030 under the Subordinate Legislation Act 1994 (Endnotes 1).

The source text of the Rules does not mention any specific cases or litigation history concerning their interpretation or application. The Rules are procedural in nature and typically litigated in the context of appeals from decisions made under them, such as challenges to registrar orders (r 4.02), appeals to a magistrate under Order 5, or applications to set aside default orders. The Rules themselves are subordinate legislation and do not attract independent litigation; disputes arise under the primary Acts they implement. For example, litigants may test the validity of arbitration awards, the enforcement of adjudication certificates under the Building and Construction Industry Security of Payment Act 2002, or the operation of litigation restraint orders under the Vexatious Proceedings Act 2014. The absence of case references in the Rules text means no judicial consideration is recorded in the source. Practitioners should consult case law databases for decisions on the interpretation of the substantive Acts and the General Civil Procedure Rules, which apply residually (r 1.06). It is also relevant that the Court may give directions under r 11.05, and that the Chief Magistrate may issue practice directions not inconsistent with the Rules (r 11.07), which may themselves be the subject of litigation. However, the Rules are designed to be self-executing with prescribed forms, and the only appeal mechanism specifically provided is from a registrar to a magistrate, which is a rehearing (r 4.02(4)). The limited scope of appellate rights under these Rules may influence litigation strategy.

Several traps for practitioners arise from the Rules. In arbitration, the prohibition on pleadings, discovery, interrogatories and expert witness statements (r 2.04) is absolute; a party that files such documents risks having them struck out or costs sanctions. The list of documents obligation under r 2.05 applies only if the claim or counterclaim is $5,000 or more, but the definition of "list of documents" includes documents injurious to the party's own case, not just supportive ones. Failure to serve the list at least 14 days before the pre-hearing conference or arbitration may preclude reliance on undisclosed documents. The costs caps in Appendices AA-AD are maxima, and the Court may award less; the caps are tied to the amount of the award, not the claim. Offers of compromise in arbitration are subject to a specific regime: Rule 26.08 of the General Civil Procedure Rules does not apply, but the remainder of Order 26 does (r 2.07A). This means that the formal requirements for offers (timing, form, withdrawal) are those in Order 26, but the cost consequences are those in the Appendices. In instruments proceedings under Order 9, the time for seeking leave to defend depends on the defendant's distance from Bourke and Elizabeth Streets, Melbourne (Form 9A). The defendant must apply for leave within 16 days if residing within 80 km, otherwise within 21 days. A defendant who fails to apply within time may still apply after an order is made, but only by showing special circumstances (r 9.07(2)). No steps to enforce the order may be taken for 14 days after filing such an application (r 9.07(4)), but this is not an automatic stay; the plaintiff could apply to lift it. In Industrial Division proceedings, the defendant's response time under r 13.03 depends on the place of service: 14 days for Victoria and other parts of Australia, 28 days for Papua New Guinea, and 30 working days for New Zealand under the Trans-Tasman Proceedings Act 2010. If the response is not filed, the plaintiff can apply for default judgment (r 13.04), but must file both an application in Form 13C and an affidavit in Form 13D. However, the plaintiff must also have filed a proper basis certification and overarching obligations certification (Form 13C, item 4). In the Industrial Division, counterclaims, third party claims, joinder, pleadings, discovery and interrogatories are prohibited unless the Court orders otherwise (r 13.05). This is a significant restriction that may catch practitioners accustomed to broader procedural options. The hearing readiness certificate (Form 13E) must be completed by all parties and cannot be filed unless it states they are ready with at least 14 days' notice (r 13.06(2)). A party refusing to complete the certificate allows the other party to apply to set the matter down for hearing (r 13.07). In substituted proceedings under Order 10A, service is not required to be personal (r 10A.05(2)(a)), and the electronic address for service in the complaint or summons is treated as the required electronic contact (r 10A.05(2)(b)). However, Order 21 (default judgment) does not apply (r 10A.06), so a respondent who fails to reply cannot be defaulted; the applicant must still appear at the hearing. In urgent substituted proceedings heard within 14 days, the respondent is not required to file a notice of reply (r 10A.04(3)). In vexatious proceedings, an application for leave to apply for a litigation restraint order under sections 10(1) or 16(1) of the Vexatious Proceedings Act 2014 must be made without notice unless the Court orders otherwise (r 12.02(3)(b)). This means the target of the proposed order will not know of the initial application. The service of applications in vexatious matters (where Part 3 applies) must be within a reasonable time, but in no case later than 2.00 pm on the day before the hearing (r 12.13(2)). If the office was closed on that day, service must be by 2.00 pm on the last day the office was open. This tight deadline requires careful timing. Finally, the general power of amendment under r 11.03 is broad but must be exercised "for the purpose of determining the real question in issue between the parties" or correcting a defect or avoiding multiplicity. A party seeking late amendment may need to show that it does not cause prejudice.

Compliance depends on the specific proceeding type. For arbitration, practitioners should ensure the statement of claim states with particularity the date, place, circumstances and cause of action (r 2.02), and the defence likewise (r 2.03). No request for particulars, discovery or interrogatories should be served (r 2.04). If the claim or counterclaim is $5,000 or more, prepare a list of documents identifying all relevant documents and serve it at least 14 days before the pre-hearing conference or arbitration (r 2.05). For motor vehicle accident claims, also serve assessor's reports within the same timeframe (r 2.06). Consider whether to make an offer of compromise; if so, follow Order 26 of the General Civil Procedure Rules (except r 26.08) and be aware of the cost consequences in Appendices AB-AD. For service and execution of process under the Service and Execution of Process Act 1992, use Forms 3A or 3B for registration and Form 3C for enforcement, and ensure interest calculations are correctly endorsed on warrants (Order 3). For appeals, file a notice of appeal in Form 5A, serve it, and within 14 days file an affidavit setting out the facts relating to the order and grounds (r 5.04). For workers compensation applications, use Forms 6A, 6B, 6C or 6D as applicable, and serve copies of requests for medical questions at least 14 days before they are considered (r 6.04(2)). For corporations proceedings, commence by complaint, file a supporting affidavit complying with Supreme Court (Corporations) Rules 2013 Rule 2.4 (r 7.02), prepare a notice in Form 7A, and ensure service at least 7 days before the mention date (r 7.04). For instruments proceedings, the procedure is summary: file a complaint in Form 9A; the defendant must apply for leave to defend within the statutory time using Form 9B, supported by affidavit. If leave is refused or no defence given within 21 days, the plaintiff may apply for an order using Form 9C (r 9.05). Beware of allowing a defendant to make a late application under section 6 of the Instruments Act. For building and construction security of payment claims, an adjudication certificate and affidavit must be filed under section 28R of the Act (r 10.02); the registrar may then order payment (r 10.03). For stays, apply in the existing proceeding (r 10.06). For substituted proceedings under Order 10A, use Form 10A for the complaint or summons and ensure the application demonstrates federal jurisdiction subject matter. Serve the document (not required to be personal) and, unless the proceeding is urgent, the respondent must give a notice of reply in Form 10B within 14 days (r 10A.03). In urgent matters heard within 14 days, the respondent need not file a reply (r 10A.04). For vexatious proceedings, use the prescribed forms (Forms 12A-12L) depending on the stage of the application. Applications for leave to apply for a restraint order must be made without notice unless the Court orders otherwise (r 12.02(3)(b)). Ensure service of applications within the tight timeline under r 12.13. For Industrial Division proceedings, complete the complaint in Form 13A, serve it with the response time per r 13.03, and if no response is filed, apply for an order in default using Form 13C and an affidavit in Form 13D. Prepare and file a hearing readiness certificate (Form 13E) once the matter is ready for trial; all parties must endorse it. If a party refuses to complete the certificate, the other party may apply to set the matter down for hearing (r 13.07). Throughout all proceedings, consider using the general power of amendment (r 11.03) and directions (r 11.05) to manage the case efficiently. Ensure any application for preservation of property is supported by a possible security for costs (r 11.06). Check the current version of the Rules, as the costs caps in the Appendices are adjusted annually and the monetary thresholds may change. Finally, consult any practice notes issued by the Chief Magistrate under r 11.07, as they may provide additional guidance on compliance.