VICIn ForceRegulation
Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020
Part 3Particular Court powers exercised by principal registrars 30
Start here
Get a plain-English read of Part 3
Turn the raw legal text into a practical explanation grounded in Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020.
Part 3—Particular Court powers exercised by principal registrars 30
10A.07 Particular powers of principal registrar in relation to certain substituted proceedings 30
Order 11—Miscellaneous Rules 32
11.01 Civil registry courts 32
11.02 Jurisdiction of Neighbourhood Justice Division 32
11.03 General power of amendment 32
11.04 Registrar's power of amendment 32
11.05 Directions 33
11.06 Preservation of property 33
11.07 Practice notes 33
Order 12—Procedure under the Vexatious Proceedings Act 2014 34
Part 1—Interpretation 34
12.01 Definitions 34
Part 2—Applications and notices 34
12.02 Applications for leave to apply for limited and extended litigation restraint orders 34
12.03 Applications for limited and extended litigation restraint orders 34
12.04 Applications for acting in concert orders 35
12.05 Application for leave to proceed under limited litigation restraint order 35
12.06 Application for leave to proceed under extended litigation restraint order 35
12.07 Application for leave to proceed under general litigation restraint order 36
12.08 Notice of applications for leave to proceed—litigation restraint orders 36
12.09 Application for leave to apply for variation or revocation of litigation restraint order 36
12.10 Application to vary or revoke litigation restraint order 36
12.11 Notice of application to vary or revoke litigation restraint order 37
Part 3—Provisions applying to applications 37
12.12 Application of Part 37
12.13 Service of applications 37
12.14 Day for hearing 38
12.15 Adjournment 38
12.16 Absence of party to application 39
Order 13—Proceedings in the Industrial Division 40
13.01 Application of Order 40
13.02 Commencement of proceeding—form of complaint 40
13.03 Response 40
13.04 Plaintiff may apply for order 41
13.05 No counterclaim, third party claim, joinder, pleadings, discovery etc. 41
13.06 Hearing readiness certificate 42
13.07 Failure to complete hearing readiness certificate 42
Form 3A—Service and Execution of Process Act 1992 43
Form 3B—Service and Execution of Process Act 1992 45
Form 3C—Service and Execution of Process Act 1992 46
Form 5A—Notice of appeal 48
Form 6A—Application for appointment of nominal defendant 49
Form 6B—Notice of appointment of nominal defendant 50
Form 6C—Notice of request pursuant to section 304 of the Workplace Injury Rehabilitation and Compensation Act 2013 51
Form 6D—Application 52
Form 7A—Notice to defendant under Corporations Act 53
Form 8A—Affidavit in support of summons for commitment 54
Form 9A—Complaint 55
Form 9B—Application for leave to defend 58
Form 9C—Application for order 59
Form 9D—Notification of decision 60
Form 9E—Application for leave to defend after order made 61
Form 10A—Substituted proceeding complaint or summons 62
Form 10B—Notice of reply 66
Form 12A—Application for leave to apply for limited litigation restraint order or extended litigation restraint order 68
Form 12B—Application for limited litigation restraint order or extended litigation restraint order 70
Form 12C—Application for acting in concert order 72
Form 12D—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 74
Form 12E—Application for leave to continue proceeding by person subject to extended litigation restraint order 76
Form 12F—Application for leave to commence proceeding by person subject to extended litigation restraint order 78
Form 12G—Application for leave to continue proceeding by person subject to general litigation restraint order 80
Form 12H—Application for leave to commence proceeding by person subject to general litigation restraint order 82
Form 12I—Notice of application for leave to proceed 84
Form 12J—Application for leave to apply to vary or revoke litigation restraint order 85
Form 12K—Application to vary or revoke litigation restraint order 87
Form 12L—Notice of application to vary or revoke litigation restraint order 89
Form 13A—Complaint 90
Form 13B—Response 96
Form 13C—Application for Order in default under Rule 13.04 100
Form 13D—Affidavit in support 102
Form 13E—Hearing readiness certificate 104
Appendix AA—Professional costs in respect of an arbitration where no offer of compromise made 109
Appendix AB—Professional costs to be awarded to plaintiff where defendant does not accept offer of compromise 111
Appendix AC—Professional costs to be awarded where plaintiff does not accept offer of compromise 112
Appendix AD—Professional costs to be awarded to plaintiff where defendant accepts offer of compromise 114
Appendix A—Civil Registry Courts 115
Appendix B—Civil Registry Courts—Proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies 116