Sch 1Revoked Statutory Rules 117

Schedule 1—Revoked Statutory Rules 117 ═════════════ Endnotes 118 1 General information 118 2 Table of Amendments 120 3 Explanatory details 122 **Version No.** **011** **Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020** **S.R. No. 113/2020** Version incorporating amendments as at Order 1—Preliminary 1.01 Title and Object (1) These Rules constitute Chapter II of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020. (2) The object of these Rules is to further provide for rules of civil procedure in the Magistrates' Court. 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**. 1.04 Definition In these Rules— ***the Act*** means the **Magistrates' Court Act 1989**, unless the context otherwise requires. 1.05 Application These Rules apply to any proceeding in the Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which they come into operation. 1.06 Rules of general procedure Except so far as is otherwise provided by these Rules or any Act, the Magistrates' Court General Civil Procedure Rules 2020[[1]](#endnote-1) for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply. Order 2—Arbitration 2.01 Application This Order applies to a proceeding in which the monetary relief sought is less than the amount set out in section 102(1) of the Act and which the Court must refer to arbitration in accordance with that section. 2.01A Definitions Rule 2.01A def. of *Cap A* amended by S.R. Nos 23/2021 rule 6(1), 167/2021 rule 6(1), 134/2022 rule 6(1), 128/2023 rule 6(1), 134/2024 rule 6(1), 134/2025 rule 6(1). ***Cap A*** means— (i) $2039; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $2039 and $385; and (i) $3060; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $3060 and $385; Rule 2.01A def. of *Cap B* amended by S.R. Nos 23/2021 rule 6(2), 167/2021 rule 6(2), 134/2022 rule 6(2), 128/2023 rule 6(2), 134/2024 rule 6(2), 134/2025 rule 6(2). ***Cap B*** means— (i) $2199; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $2199 and $478; and (i) $3299; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $3299 and $478; Rule 2.01A def. of *Cap C* amended by S.R. Nos 23/2021 rule 6(3), 167/2021 rule 6(3), 134/2022 rule 6(3), 128/2023 rule 6(3), 134/2024 rule 6(3), 134/2025 rule 6(3). ***Cap C*** means— (i) $2357; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $2357 and $575; and (i) $3536; or (ii) if a complaint has been the subject of a pre-hearing conference—the sum of $3536 and $575. 2.02 Statement of claim The statement of claim in a proceeding referred to in Rule 2.01 must state with particularity the date, place, circumstances and cause of action upon which the claim is based together with the amount or other relief or remedy sought. 2.03 Defence The notice of defence in a proceeding referred to in Rule 2.01 must state with particularity the date, place, circumstances, facts or matters relied on in defence of the claim. 2.04 No pleadings, discovery, interrogatories etc. No party in a proceeding referred to in Rule 2.01 may— (a) serve a request for further and better particulars of claim, counterclaim or defence; (b) serve and file a reply; (c) serve a notice to admit any fact or the authenticity of any document; (d) serve a notice for discovery; (e) serve interrogatories; (f) serve an expert witness statement. 2.05 Parties to serve a list of documents (1) If the amount of the claim or the counterclaim in a proceeding referred to arbitration in accordance with this Order is $5000 or more, each party must serve on each other party a list of documents not less than 14 days before the date fixed for a pre‑hearing conference or, if no such date is fixed, then 14 days before the date fixed for the arbitration. (2) A list of documents must identify each document in the possession of the party serving the list that— (a) supports the claim, defence, or counterclaim; or (b) is injurious to that claim, defence or counterclaim. 2.06 Service of reports and assessments in relation to proceedings relating to motor vehicle accidents (1) If in any proceeding that has been referred to arbitration in accordance with this Order there is a claim or counterclaim for damages arising out of a motor vehicle accident, each party (the ***serving party***) must serve on each other party a copy of any assessor's report or documents relating to such an assessment in the possession of the serving party. (2) Any report or documents required to be served under subrule (1) must be served not less than 14 days before the date fixed for a pre-hearing conference or, if no such date is fixed, then 14 days before the date fixed for the arbitration. 2.07 Plaintiff may join third party (1) If in any proceeding that has been referred to arbitration in accordance with this Order the defendant files a third party notice against a person, the plaintiff may join that person as a defendant. (2) The plaintiff must give notice in writing to the third party, the defendant or defendants and the registrar that the third party is joined as defendant. (3) When the notice is filed and served the third party becomes a defendant to the proceeding. 2.07A Offers of compromise Rule 26.08 of the Magistrates' Court General Civil Procedure Rules 2020 does not apply in respect of a proceeding referred to arbitration. Under Rule 1.06, the remainder of Order 26 of the Magistrates' Court General Civil Procedure Rules 2020 applies so far as practicable in relation to a proceeding referred to arbitration. 2.08 Costs in respect of an arbitration if no offer of compromise served (1) This Rule applies if no offer of compromise is served in a proceeding referred to arbitration. (2) For the purposes of section 105(2) of the Act, the Court may award, to a party in the proceeding, costs in respect of the arbitration in accordance with Appendix AA. Rule 2.09 (Heading) amended by S.R. No. 89/2021 rule 4. 2.09 Costs in respect of an arbitration if offer of compromise served by plaintiff in the proceeding not accepted (1) This Rule applies if a plaintiff in a proceeding referred to arbitration— (a) serves an offer of compromise on a defendant in the proceeding that is not accepted by the defendant; and (b) is awarded an amount in the arbitration that is no less favourable than that stated in the offer of compromise. (2) For the purposes of section 105(2) of the Act, the Court may award to the plaintiff costs in respect of the arbitration (which the defendant must pay to the plaintiff) in accordance with Appendix AB. 2.10 Costs in respect of an arbitration if offer of compromise served by defendant in the proceeding (1) This Rule applies if a defendant in a proceeding referred to arbitration— (a) serves an offer of compromise on the plaintiff in the proceeding that is not accepted by the plaintiff; and (b) the plaintiff is awarded an amount in the arbitration that is less favourable than that stated in the offer of compromise. (2) For the purposes of section 105(1) and (2) of the Act, the Court may award costs in respect of the arbitration as follows— (a) to the defendant (which the plaintiff must pay to the defendant) in accordance with Appendix AC; (b) to the plaintiff (which the defendant must pay to the plaintiff) in accordance with Appendix AC. Rule 2.10A (Heading) amended by S.R. No. 89/2021 rule 5(1). 2.10A Costs in respect of an arbitration if offer of compromise served by plaintiff accepted Rule 2.10A(1) substituted by S.R. No. 89/2021 rule 5(2). (1) This Rule applies if— (a) a plaintiff in a proceeding referred to arbitration serves an offer of compromise on a defendant in the proceeding; and (b) the defendant accepts that offer of compromise. (2) This Rule does not limit Rule 2.09 or 2.10. Rule 2.10A(3) amended by S.R. No. 89/2021 rule 5(3). (3) For the purposes of section 105(2) of the Act, the Court may award to the plaintiff costs in respect of the arbitration (which the defendant must pay to the plaintiff) in accordance with Appendix AD. 2.11 Disbursements In addition to the costs that may be awarded under Rule 2.08, 2.09 and 2.10, the Court may award to a party in the proceeding money properly paid or payable out of pocket and the expenses of witnesses and interpreters. Order 3—Service and execution of process rules 3.01 Definitions ***appropriate court*** has the same meaning as in Part 6 of the Act; ***court of rendition*** has the same meaning as in Part 6 of the Act; ***place of rendition*** has the same meaning as in Part 6 of the Act; ***the Act*** means the Service and Execution of Process Act 1992 of the Commonwealth. 3.02 How application made (1) An application to the Court under the Act must be made in accordance with Order 46 of the Magistrates' Court General Civil Procedure Rules 2020. (2) Where an application under subrule (1) is filed by facsimile transmission, the address for service of the applicant must include a facsimile telephone number. (3) When an application is filed the registrar must forthwith fix a hearing date and as soon as practicable notify the applicant. 3.03 Sealed copy of order For the purpose of registration of an order of the Court in the appropriate court of another State or Territory, the registrar may provide a sealed copy of the judgment in Form 3A or Form 3B, as the case requires. 3.04 Enforcement of order A person who seeks to enforce an order registered under the Act must before taking any step under the Act or these Rules for such enforcement file an affidavit in Form 3C stating that the order is capable of being enforced in or by the court of rendition or a court in the place of rendition and the extent to which it is so capable. 3.05 Fees (1) The fees to be allowed in relation to the service under the Act of the process of the Court must be calculated on the same basis as fees allowable in the appropriate court for service of process at the place where the process was served. (2) The same fees must be paid in relation to the enforcement under the Act by the Court of the process or order of a court of another part of Australia as are charged for the like enforcement of the process or judgment of the Court, together with the fees set out in the Schedule to Rule 10.05 of Chapter II of the Rules of the Supreme Court. 3.06 Costs The same costs must be allowed in relation to the enforcement of an order registered under the Act as are allowed upon the enforcement of an order of the Court. 3.07 Interest (1) A person who seeks to recover interest payable under section 108 of the Act must specify by affidavit the interest rate or rates applying to the order in the court of rendition and must include a calculation showing the amount of interest recoverable under the order. (2) The interest rate or rates applying in the court of rendition specified in an affidavit pursuant to subrule (1) must be endorsed on a warrant to seize property which is filed to enforce an order registered under the Act. (3) The person to whom a warrant to seize property is directed must calculate and recover interest on an order registered under the Act at the rate or rates specified in the warrant. (4) The person to whom a warrant to seize property is directed must not calculate or recover interest on an order registered under the Act where the warrant does not contain a statement of the interest rate or rates applying to the order in the court of rendition and does not contain a calculation of the interest recoverable under the order. Order 4—Registrars 4.01 Reference to a magistrate If on an application to a registrar under the Act, the Magistrates' Court General Civil Procedure Rules 2020 or these Rules, the registrar considers that it is proper that the application be determined by a magistrate, the registrar may refer the application to a magistrate. 4.02 Appeal from registrar (1) Any person affected by any order made by a registrar may appeal to a magistrate. (2) An appeal must be commenced within 14 days after the day the registrar made the order. (3) An appeal may be made by application in accordance with Order 46 of the Magistrates' Court General Civil Procedure Rules 2020. (4) An appeal is a re-hearing of the application to the registrar. (5) Unless a magistrate otherwise orders, an appeal does not operate as a stay on the order of the registrar. (6) This Rule does not apply to an order in default of defence made by a registrar under Order 21 of the Magistrates' Court General Civil Procedure Rules 2020 or any corresponding previous enactment. Order 5—Appeals 5.01 Application of order Where by or under any Act a person (in this Order called ***the appellant***) may appeal to a magistrate or to the Magistrates' Court, this Order applies. 5.02 Notice of appeal (1) Except as provided by any Act, an appeal must be commenced by filing a notice of appeal at the proper venue of the Court. (2) The notice of appeal must— (a) be in Form 5A; and (b) set out— (i) the order or decision of the person from whom or the body from which the appeal is brought (in this order called ***the respondent***); (ii) concisely the grounds of appeal. (3) As soon as practicable after filing the notice of appeal the appellant must serve a copy on the respondent. 5.03 Amendment of grounds The Magistrates' Court or a magistrate may give leave to amend the grounds of appeal. 5.04 Affidavit Within 14 days after filing the notice of appeal the appellant must file in the Court and serve on the respondent an affidavit setting out the facts, matters and circumstances relating to— (a) the order or decision appealed against; and (b) the grounds of appeal. 5.05 Date for hearing At the time of filing the notice of appeal the registrar must fix a date for the hearing of the appeal. Order 6—Particular applications under the Workers Compensation Act 1958 and the Workplace Injury Rehabilitation and Compensation Act 2013 6.01 Definitions ***Authority*** means the Victorian WorkCover Authority established under section 18(1) of the **Accident Compensation Act 1985** and continued in existence under section 491(1) of the **Workplace Injury Rehabilitation and Compensation Act 2013**; ***Conciliation Officer*** means a person holding office under section 531 of the **Workplace Injury Rehabilitation and Compensation Act 2013**; ***employer***, in a proceeding under— (a) the **Workplace Injury Rehabilitation and Compensation Act 2013**, has the same meaning as in section 3 of that Act; (b) the **Workers Compensation Act 1958**, has the same meaning as in section 3(1) of that Act; ***Medical Panel*** means a Medical Panel under the **Workplace Injury Rehabilitation and Compensation Act 2013**; ***medical question***, in a proceeding under the **Workplace Injury Rehabilitation and Compensation Act 2013**, has the same meaning as in section 3 of that Act; ***the Act*** means the **Workers Compensation Act 1958**. 6.02 Application for appointment of nominal defendant—Forms 6A and 6B (1) An application for the appointment of a nominal defendant under section 5A, 16 or 25E of the Act must be— (a) made after the filing of a complaint; (b) accompanied by an affidavit in support of the application; (c) in Form 6A. (2) The affidavit in support of the application must— (a) state the reasons for the application; (b) give details of any attempts to identify or find the employer or the employer's insurer; (c) if the employer was a company which has been wound up, exhibit advice from the Australian Securities and Investment Commission that the company has been wound up; (d) except where the application is to have the Authority named as the nominal defendant, exhibit the consent in writing of the person proposed for appointment as nominal defendant. (3) If the Court makes an order for the appointment of a nominal defendant on an application under paragraph (1), unless the Court directs otherwise, the party obtaining the order must give notice of the appointment to all parties to the complaint and serve on the nominal defendant— (a) a notice of the appointment in Form 6B; (b) a copy of the application; (c) a copy of the affidavit in support; (d) notice of any hearing date subsequent to the appointment, fixed in the proceeding, if any; (e) a copy (including any amended copies) of the complaint (if any) showing the nominal defendant as defendant and giving full particulars of the claim against the alleged employer in respect of whom the nominal defendant was appointed; (f) where appropriate, particulars of the claim for contribution. 6.03 Application for discharge (1) At any time after receiving notice of appointment, the nominal defendant appointed by the Court may apply to the Court to be discharged from acting in that capacity. (2) Unless the Court directs otherwise, or the application is by consent, the application must be supported by an affidavit setting out the facts on which the discharge is requested. 6.04 Request for referral of a medical question to a Medical Panel—Form 6C (1) A request by a party for the Court to refer a medical question to a Medical Panel for an opinion under section 304 of the **Workplace Injury Rehabilitation and Compensation Act 2013** must— (a) state clearly the medical question for referral; (b) be in Form 6C. (2) A copy of the request must be served on all other parties to the proceeding who have an address for service not less than 14 days before the request is to be considered by the Court. 6.05 Application for revocation of direction of Conciliation Officer An application under section 299(2) of the **Workplace Injury Rehabilitation and Compensation Act 2013** for the revocation of a direction given by a Conciliation Officer pursuant to Division 2 of Part 6 of that Act must be— (a) in Form 6D with such modification as is necessary; and (b) accompanied by an affidavit in support of the application. Order 7—Particular rules as to the Corporations Act 7.01 Definitions ***corporations proceeding*** means a proceeding under the Act that is brought in the Court; ***the Act*** means the Corporations Act. 7.02 Commencement of originating process (1) An originating process under the Act in the Court must be commenced by a complaint in accordance with Order 5 of the Magistrates' Court General Civil Procedure Rules 2020. (2) A complaint to which paragraph (1) applies, when lodged for filing, must be accompanied by a supporting affidavit, in accordance with Rule 2.4 of the Supreme Court (Corporations) Rules 2013[[2]](#endnote-2). (3) An affidavit to which paragraph (2) applies, subject to that paragraph, must comply with the Magistrates' Court General Civil Procedure Rules 2020. 7.03 Notice to defendant In any corporations proceeding the plaintiff must prepare a notice to the defendant in the form of Form 7A. 7.04 Service of complaint and notices In a corporations proceeding, the complaint and any notice of defence, affidavit of service and notice to the defendant under Rule 7.03 must be served on the defendant at least 7 days before the mention date for the proceedings. 7.05 Application for order in default of defence In a corporations proceeding, an application for an order in default of defence must not be made before the mention date for the proceeding. Order 8—Imprisonment of fraudulent debtors 8.01 Application for summons (1) An application for the issue of a summons under Part III of the **Imprisonment of Fraudulent Debtors Act 1958** must be made by affidavit in Form 8A. (2) An affidavit under paragraph (1) may contain statements of fact based on information and belief if the grounds are set out. Order 9—Instruments Act rules 9.01 Definition ***the Act*** means the **Instruments Act 1958**. 9.02 Application of Order (1) This Order applies to any proceeding in the Court under Part I of the Act. (2) Except where inconsistent with the Act or this Order, the Magistrates' Court General Civil Procedure Rules 2020 and the remaining provisions of these Rules apply to any proceeding under Part I of the Act. 9.03 Form of complaint (1) A complaint upon a bill of exchange commenced after the bill has become due must be in Form 9A. (2) The amount of costs stated in the indorsement on the complaint must be the amount of scale costs applicable to the amount claimed plus the fees (if any) for the filing and service of the complaint. 9.04 Leave to defend (1) Leave to defend under section 5 of the Act may be given by the Court. (2) An application for leave to defend must be made without notice to any person, within the time allowed by section 5 of the Act. (3) An application for leave must be in Form 9B and must be filed. (4) The applicant for leave must file in support of the application an affidavit sworn or affirmed by the applicant or by another person who can depose to the facts from the person's own knowledge. 9.05 Order where leave not granted or notice of defence not given (1) A plaintiff who is entitled to an order under section 4 of the Act may apply to the registrar for an order for the amount claimed together with costs and fees (if any) for filing and service of the complaint as the scale allows. (2) An application for such an order must be filed and must be in Form 9C. (3) Where the registrar is satisfied that— (a) the complaint has been served in accordance with section 4 of the Act; and (b) the defendant— (i) has not been given leave to defend under section 5 of the Act; or (ii) has been given leave to defend under section 5 of the Act, but has not given notice of defence to the plaintiff within 21 days after the date on which leave to defend was given— the registrar must make an order. 9.06 Notice to parties As soon as practicable after the Court has made a decision on an application for leave to defend, the registrar must notify the parties by notice in Form 9D. 9.07 Leave to defend after order made (1) A defendant who wishes to apply under section 6 of the Act must— (a) file an application in Form 9E; and (b) not less than 5 days before the day for hearing of the application serve a copy of the application on the complainant personally. (2) An application under section 6 of the Act must state the special circumstances relied upon by the applicant. (3) The Court may set aside the order on such terms as the Court thinks fit. (4) Upon filing an application under section 6 of the Act, no steps to enforce the order shall be taken for 14 days from the date of filing or until the application is heard (whichever is the earlier). (5) An applicant who fails to appear on the hearing of the application must not make a further application without the leave of the Court. Order 10—Particular proceedings under the Building and Construction Industry Security of Payment Act 2002 10.01 Definitions ***adjudication certificate*** has the same meaning as in section 4 of the Act; ***authorised nominating authority*** has the same meaning as in section 4 of the Act; ***claimant*** has the same meaning as in section 4 of the Act; ***principal*** has the same meaning as in section 4 of the Act; ***the Act*** means the **Building and Construction Industry Security of Payment Act 2002**. 10.02 Commencement of proceeding under section 28R of the Act A proceeding under section 28R of the Act may be commenced by a person, who has been provided with an adjudication certificate by an authorised nominating authority, applying to the Court by filing in the Court the certificate and affidavit that are required to be filed under section 28R of the Act. 10.03 Power of registrar to make order in proceedings under section 28R of the Act In any proceeding commenced under Rule 10.02, the Court constituted by a registrar may make an order that the respondent pay the person applying under that Rule the unpaid amount if the registrar is satisfied that— (a) the adjudication certificate has been provided by the authorised nominating authority; and (b) an amount payable under section 28M or 28N of the Act has not been paid. 10.04 Setting aside an order Order 46 of the Magistrates' Court General Civil Procedure Rules 2020, with any necessary modifications, applies to making an application to set aside an order in any proceeding under section 28R of the Act. 10.05 Certification of debt by Court (1) For the purposes of section 33 of the Act, the court may be constituted by a registrar. (2) An application for an order under section 33(1) of the Act may be made in writing and Order 46 of the Magistrates' Court General Civil Procedure Rules 2020 does not apply to any such application. 10.06 Application for stay of payments (1) For the purposes of section 37(1) of the Act, an application by a principal for a stay of payments under that section must be made in the proceeding in which the claimant has obtained an order for the adjudicated amount or part of the adjudicated amount as referred to in section 30(c) of the Act. (2) Order 46 of the Magistrates' Court General Civil Procedure Rules 2020, with any necessary modifications, applies to an application under section 37(1) of the Act. Order 10A (Headings and rules 10A.01–10A.07) inserted by S.R. No. 143/2021 rule 4. Order 10A—Proceedings under Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 (Federal subject matter) Part 1—Interpretation Rule 10A.01 inserted by S.R. No. 143/2021 rule 4. 10A.01 Definitions ***applicant*** means a person who makes an application under section 57B of the **Victorian Civil and Administrative Tribunal Act 1998**; ***enabling enactment*** has the same meaning as in the **Victorian Civil and Administrative Tribunal Act 1998**; ***substituted proceeding*** has the same meaning as in section 57A of the **Victorian Civil and Administrative Tribunal Act 1998**; ***substituted proceeding complaint or summons*** means an application under section 57B of the **Victorian Civil and Administrative Tribunal Act 1998** that is in Form 10A; ***Tribunal*** means Victorian Civil and Administrative Tribunal. Part 2—Filing and service Rule 10A.02 inserted by S.R. No. 143/2021 rule 4. 10A.02 Form of application for substituted proceeding An application under section 57B of the **Victorian Civil and Administrative Tribunal Act 1998** must be in Form 10A. Rule 10A.03 inserted by S.R. No. 143/2021 rule 4. 10A.03 Time for giving notice of reply (1) Subject to Rule 10A.04, unless the Court otherwise orders, a respondent in a substituted proceeding must give a notice of reply to the applicant within 14 days after being served a substituted proceeding complaint or summons. (2) A notice of reply must be in Form 10B. Rule 10A.04 inserted by S.R. No. 143/2021 rule 4. 10A.04 Urgent substituted proceedings (1) This Rule applies if— (a) under the **Victorian Civil and Administrative Tribunal Act 1998** or an enabling enactment, the Court is required to hear a substituted proceeding within 14 days after the commencement of the proceeding; and (b) the Court schedules a date for the hearing of the substituted proceeding within that 14 day period. (2) Despite the Magistrates' Court General Civil Procedure Rules 2020, the applicant must serve a substituted proceeding complaint or summons on the respondent in the substituted proceeding before 4 p.m. on the day before the day that the Court has scheduled for the hearing of the proceeding. (3) In addition, despite the Magistrates' Court General Civil Procedure Rules 2020, a respondent in the substituted proceeding is not required to file a notice of reply with the Court. Rule 10A.05 inserted by S.R. No. 143/2021 rule 4. 10A.05 Service (1) Without limiting section 57C(2) and (3) of the **Victorian Civil and Administrative Tribunal Act 1998**, sections 140 and 141 of the **Victorian Civil and Administrative Tribunal Act 1998** and rule 4.10 of the Victorian Civil and Administrative Tribunal Rules 2018[[3]](#endnote-3) apply to a substituted proceeding as if, in those sections and that rule— (a) a reference to the Tribunal were a reference to the Court; and (b) a reference to the principal registrar of the Tribunal were a reference to the principal registrar of the Court. (2) In addition— (a) despite the Magistrates' Court General Civil Procedure Rules 2020, a substituted proceeding complaint or summons is not required to be served personally; and (b) for the purposes of paragraph (1)— (i) the electronic address for service included in a substituted proceeding complaint or summons is to be treated as the electronic address for receipt of electronic communication that must be included in an address for service by the applicant; and (ii) the electronic address for service included in a notice of reply by a respondent is to be treated as the electronic address for receipt of electronic communication that must be included in an address for service by the respondent. See rule 4.10(3) of the Victorian Civil and Administrative Tribunal Rules 2018. Rule 10A.06 inserted by S.R. No. 143/2021 rule 4. 10A.06 Order 21 of General Civil Procedure Rules 2020 does not apply Order 21 of the Magistrates' Court General Civil Procedure Rules 2020 does not apply in relation to a substituted proceeding. Part 3—Particular Court powers exercised by principal registrars Rule 10A.07 inserted by S.R. No. 143/2021 rule 4. 10A.07 Particular powers of principal registrar in relation to certain substituted proceedings (1) This Rule applies if the Court decides to hear and determine a substituted proceeding in respect of a matter under the **Residential Tenancies Act 1997**. (2) The Court constituted by the principal registrar has the following powers in relation to the substituted proceeding— (a) the power to determine adjournment applications by a residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner on the first listing of an application for possession for rent or hiring charge arrears under the **Residential Tenancies Act 1997** where the request is for an adjournment of 3 months or less; (b) the power to stay a warrant— (i) on an application under section 120 of the **Victorian Civil and Administrative Tribunal Act 1998** for a review of an order or on a request for the extension of a warrant; or (ii) under section 110 of the Act; Section 120 of the **Victorian Civil and Administrative Tribunal Act 1998** applies for the purposes of a substituted proceeding in addition to section 110 of the Act—see section 57C(3)(g) of the **Victorian Civil and Administrative Tribunal Act 1998**. (c) the power to stay and extend a warrant of possession issued under the **Residential Tenancies Act 1997**— (i) on an application under section120 of the **Victorian Civil and Administrative Tribunal Act 1998** for a review of an order; or (ii) under section 110 of the Act. Section 120 of the **Victorian Civil and Administrative Tribunal Act 1998** applies for the purposes of a substituted proceeding in addition to section 110 of the Act—see section 57C(3)(g) of the **Victorian Civil and Administrative Tribunal Act 1998**. Order 11—Miscellaneous Rules 11.01 Civil registry courts (1) The civil registry courts are those venues of the Court listed in Appendix A to these Rules. (2) Despite paragraph (1), in relation to a proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies, the civil registry courts are those venues of the Court listed in Appendix B to these Rules. 11.02 Jurisdiction of Neighbourhood Justice Division For the purposes of section 4O(3)(d) of the Act, with respect to the civil jurisdiction of the Court, the following are specified— (a) a proceeding under the **Fences Act 1968**; and (b) a proceeding under the Family Law Act 1975 of the Commonwealth in which the Court has federal jurisdiction under section 39(6) or 69J of that Act. 11.03 General power of amendment For the purpose of determining the real question in issue between the parties to any proceeding, or of correcting any defect or error in any proceeding, or of avoiding multiplicity of proceedings, the Court may at any stage order that any document (including a complaint) in a proceeding be amended or that any party have leave to amend any document in the proceeding. 11.04 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. 11.05 Directions At any stage of a proceeding the Court may give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination. 11.06 Preservation of property (1) In any proceeding, the Court may make an order for the inspection, detention 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) If the Court makes an order under paragraph (1) the Court may make an order for the costs and expenses of any person who is not a party to the proceeding. (4) The Court may make an order under this Rule on condition that the person applying for the order gives security for the costs and expenses of any person, whether or not a party, who will be affected by the order. 11.07 Practice notes The Chief Magistrate may from time to time issue practice directions or notes not inconsistent with the Act or these Rules. Order 12—Procedure under the Vexatious Proceedings Act 2014 Part 1—Interpretation 12.01 Definitions An expression used in the **Vexatious Proceedings Act 2014** has the same meaning in this Order as it has in that Act. Part 2—Applications and notices 12.02 Applications for leave to apply for limited and extended litigation restraint orders (1) An application under section 10(1) of the **Vexatious Proceedings Act 2014** by a person referred to in section 10(1)(b) or (c) of that Act for leave to apply for a limited litigation restraint order must be in Form 12A. (2) An application under section 16(1) of the **Vexatious Proceedings Act 2014** by a person referred to in section 16(1)(b) or (c) of that Act for leave to apply for an extended litigation restraint order must be in Form 12A. (3) An application referred to in this Rule— (a) must be supported by an affidavit; and (b) must be made without notice to any person unless the Court orders otherwise. 12.03 Applications for limited and extended litigation restraint orders (1) An application under section 10(1) or 16(1) of the **Vexatious Proceedings Act 2014** for a limited litigation restraint order or an extended litigation restraint order (as the case requires) must be in Form 12B. (2) An application referred to in this Rule must be supported by an affidavit. (3) In addition, a copy of the order granting leave to apply for the limited litigation restraint order or the extended litigation restraint order (as the case requires) must be attached to the application. 12.04 Applications for acting in concert orders (1) An application under section 34 of the **Vexatious Proceedings Act 2014** for an acting in concert order must be in Form 12C. (2) An application referred to in this Rule must be supported by an affidavit. 12.05 Application for leave to proceed under limited litigation restraint order An application under section 50 of the **Vexatious Proceedings Act 2014** by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates must be in Form 12D. 12.06 Application for leave to proceed under extended litigation restraint order An application under section 52(1) of the **Vexatious Proceedings Act 2014** by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be— (a) in Form 12E, in the case of an application to continue a proceeding; and (b) in Form 12F, in the case of an application to commence a proceeding. 12.07 Application for leave to proceed under general litigation restraint order An application under section 54 of the **Vexatious Proceedings Act 2014** by a person subject to a general litigation restraint order for leave to commence or continue a proceeding must be— (a) in Form 12G, in the case of an application to continue a proceeding; and (b) in Form 12H, in the case of an application to commence a proceeding. 12.08 Notice of applications for leave to proceed—litigation restraint orders (1) Notice required to be given by a direction of the Court under section 60(2) of the **Vexatious Proceedings Act 2014** must be in Form 12I. (2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates. Further requirements are stated in section 60(4) of the **Vexatious Proceedings Act 2014**. 12.09 Application for leave to apply for variation or revocation of litigation restraint order An application under section 65(1) of the **Vexatious Proceedings Act 2014** by a person subject to a litigation restraint order for leave to apply to vary or revoke the order must be in Form 12J. 12.10 Application to vary or revoke litigation restraint order (1) An application under section 65(1) of the **Vexatious Proceedings Act 2014** by a person subject to a litigation restraint order to vary or revoke the order must be in Form 12K. (2) In addition, a copy of the order granting leave to apply to vary or revoke the limited litigation restraint order must be attached to the application. 12.11 Notice of application to vary or revoke litigation restraint order (1) Notice required to be given by a direction of the Court under section 67(2) of the **Vexatious Proceedings Act 2014** must be in Form 12L. (2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application. Further requirements are stated in section 67(4) of the **Vexatious Proceedings Act 2014**. Part 3—Provisions applying to applications 12.12 Application of Part This Part applies to an application that is made under any of the following sections of the **Vexatious Proceedings Act 2014**— (a) section 10(1); (b) section 16(1); (c) section 34 in the case where the application relates to a person who is acting in concert with a person who is subject to a litigation restraint order that is not an extended litigation restraint order that relates to intervention order legislation. 12.13 Service of applications (1) The applicant must serve a copy of the application and a copy of any affidavit in support on every person to whom notice of the application is to be given unless otherwise provided by these Rules. (2) The application 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. 12.14 Day for hearing (1) If an application has not been served a registrar may, at the request of the party who filed it, amend the application on or before the day for hearing named in the application to name another day. (2) The application may be amended— (a) by a magistrate; or (b) by a judicial registrar; or (c) by a registrar. (3) An application shall not be amended under this Rule more than once. (4) This Rule does not limit the power of the Court under Rule 36.01 of Magistrates' Court General Civil Procedure Rules 2020. 12.15 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. 12.16 Absence of party to application (1) If any person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served. (2) If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit. Order 13 (Heading and rules 13.01–13.07) inserted by S.R. No. 20/2022 rule 4. Order 13—Proceedings in the Industrial Division Rule 13.01 inserted by S.R. No. 20/2022 rule 4. 13.01 Application of Order This Order applies to the commencement, hearing and determination of a proceeding in the Industrial Division of the Court. Rule 1.06 provides that, except so far as is otherwise provided by these Rules or any Act, the Magistrates' Court General Civil Procedure Rules 2020 for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply. Rule 13.02 inserted by S.R. No. 20/2022 rule 4. 13.02 Commencement of proceeding—form of complaint (1) A proceeding in the Industrial Division of the Court may be commenced by a complaint that contains the information set out in Form 13A. Rule 13.02(2) revoked by S.R. No. 68/2023 rule 7. * * * * * Rule 13.03 inserted by S.R. No. 20/2022 rule 4. 13.03 Response (1) A response must contain the information set out in Form 13B. (2) Unless the Court otherwise orders, the time stated in the complaint for the defendant to give a notice of response must be— (a) where the complaint is to be served in Victoria, not less than 14 days after service; or (b) where the complaint is to be served out of Victoria and in another part of Australia, not less than 14 days after service; or (c) where the complaint is to be served in Papua New Guinea, not less than 28 days after service; or (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. Rule 13.04 inserted by S.R. No. 20/2022 rule 4. 13.04 Plaintiff may apply for order (1) If a defendant does not give notice of a response in accordance with Rule 13.03 after the service of a complaint or within any other time fixed by the Court for giving notice, the plaintiff may apply for an order. (2) An application under paragraph (1) must— (a) contain the information set out in Form 13C; and (b) be accompanied by an affidavit in support which must contain the information set out in Form 13D. Rule 13.05 inserted by S.R. No. 20/2022 rule 4. 13.05 No counterclaim, third party claim, joinder, pleadings, discovery etc. Unless the Court otherwise orders, no party in a proceeding in the Industrial Division of the Court may— (a) file and serve any counterclaim; or (b) file and serve any reply; or (c) file and serve a request for further and better particulars of claim, counterclaim or defence; or (d) serve a notice to admit any fact or the authenticity of any document; or (e) serve a notice for discovery; or (f) serve interrogatories; or (g) serve an expert witness statement. Rule 13.06 inserted by S.R. No. 20/2022 rule 4. 13.06 Hearing readiness certificate (1) A hearing readiness certificate must— (a) contain the information set out in Form 13E; and (b) be completed by all parties to the proceeding in the manner indicated in the form before it is filed. (2) Except with the leave of the Court, a hearing readiness certificate must not be filed unless it states that the parties are ready to proceed to hearing with not less than 14 days' notice of the date of hearing. Rule 13.07 inserted by S.R. No. 20/2022 rule 4. 13.07 Failure to complete hearing readiness certificate (1) If a party to a proceeding in the Industrial Division of the Court refuses or neglects to complete a hearing readiness certificate, any other party may apply to the Court for an order that the proceeding proceed to hearing. (2) On an application referred to in paragraph (1), the Court may, by order, set down for hearing the proceeding with such directions as it thinks fit. Form 3A—Service and Execution of Process Act 1992 Rule 3.03 ORDER **AT** (*full name*) OF (*address of plaintiff*) and (*full name*) OF (*address of defendant*) Magistrate: Date of order: Nature of complaint: How obtained: [*state whether on hearing or arbitration or on application before hearing, identifying party filing application*] Attendances: [*set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor*] Other matters: [*state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court*] The Court orders that: 1. 2. [*terms of order*] I certify that this is a true and correct record. Form 3B—Service and Execution of Process Act 1992 Rule 3.03 DEFAULT ORDER FOR DEBT Date of order: Nature of proceedings: How obtained: In default of notice of defence. The order of the Court is that: [*e.g.*: *The defendant pay the plaintiff $ and $ interest and $ costs*]. I certify that this is a true and correct record. Form 3C—Service and Execution of Process Act 1992 Rule 3.04 AFFIDAVIT IN SUPPORT OF ENFORCEMENT I, [*name*] of [*address*] in the State of *MAKE OATH/*AFFIRM AND SAY: 1. I am *the plaintiff *a solicitor in the firm of [*name of firm*], solicitors for the plaintiff, and I have the care and conduct of this matter and make this affidavit according to my information and belief. 2. Judgment was entered in the [*name of court*] at [*place*] in the State of [*State*] on [*date*]. The terms of the judgment were that the defendant pay the plaintiff the sum of $ [*claim*] with $ [*interest*] and $ [*costs*]. 3. The nature of the proceedings was for [*describe the nature of proceedings/cause of action*]. 4. The amount of the judgment which is sought to be enforced is $ [*amount*] and is the extent the judgment is capable of being enforced in the court of rendition. 5(a). The reasonable costs and expenses of and incidental to obtaining and lodging the copy of the judgment are $ [*amount*], being the sum paid to obtain a sealed copy of the judgment and $ [*amount*], being the cost of registering the judgment in Victoria, making a total of $ [*amount*]. 5(b). The costs and expenses reasonably incurred in attempting to execute the judgment in the court of rendition or in another State are— [*set out details of the costs and expenses*]. 6. Pursuant to section [*description*] of the [*name of the relevant legislation*], interest is payable on the judgment from [*date*] to the date of payment of the judgment [*describe the provisions of the legislation referred to which provides the basis of interest calculation*]. 7. At the date of judgment the applicable interest rate was [*percentage figure*] %. On [*date*] the interest rate *will be/*was variedto [*percentage* *figure*] %. 8. At the date of swearing or affirming this affidavit, interest in the sum of $ [*amount*] has accrued and is calculated as follows— [*date of judgment*] to [*date*], [*number*] days @ [*percentage figure*] % = $ . [*If relevant, provide additional calculations taking into account payments or variations in interest rate e.g.—* [*date*] to [*date*], [*number*] days @ [*percentage figure*] % = $ .] *Sworn/*Affirmed etc. Form 5A—Notice of appeal Rule 5.02(2) Notice of Appeal IN THE MAGISTRATES' COURT 20 No. AT In the matter of an appeal pursuant to [*name of the Act and section of Act under which appeal is brought*]. APPLICANT: [*name and address*] RESPONDENT: [*name and address*] The appellant appeals against [*set out briefly the substance of the order or decision appealed against*]. Date of order or decision: Grounds of appeal: [*set out specifically the grounds of appeal*] [*Signed by appellant*] Form 6A—Application for appointment of nominal defendant Rule 6.02(1)(c) Application for Appointment of Nominal Defendant TO: [*Identify each party (if any) to whom application is addressed*] YOU are summoned to attend before the Court on the hearing of an application by the [*identify party*]. The [*identify party*] applies to the Court for an order to appoint a nominal defendant for the purposes of a claim for compensation. The circumstances and grounds of the application are set out in the accompanying affidavit. FILED: [*e.g.* 5 September 20 ]. This application was filed by , Australian lawyer for the [*identify party*]. Form 6B—Notice of appointment of nominal defendant Rule 6.02(3)(a) Notice of Appointment of Nominal Defendant In the matter of the **Workers Compensation Act 1958** TAKE NOTICE THAT: At the request of [*identify party*] the Court has this day appointed [*name of nominal defendant*] of [*address*] as a nominal defendant for the purposes of these proceedings, *in place of an alleged employer—[*name of alleged employer*] *in the place of an employer who cannot be identified [*or as the case may be*]. A copy of the application for appointment and the accompanying affidavit, together with a copy of the originating process in these proceedings is attached to this Notice. The complaint is listed for [*nature of hearing*] by the Court at [*venue*] at [*time*] on [*date*]. [*Signature of party or Australian lawyer for party who obtained order*] Form 6C—Notice of request pursuant to section 304 of the Workplace Injury Rehabilitation and Compensation Act 2013 Rule 6.04(1)(b) Notice of Request Pursuant to Section 304 of the Workplace Injury Rehabilitation and Compensation Act 2013 In the matter of the **Workplace Injury Rehabilitation and Compensation Act 2013***. Take notice that [*identify party*] will request the Magistrates' Court at [*venue*] on [*date*] at [*time*] to refer the following medical questions to a medical panel for an opinion— (a) (b) (c) Signed: Form 6D—Application Rule 6.05(1)(a) or (2)(a) Application TO: [*identify each party to whom application is addressed*] YOU are summoned to attend before the Court on the hearing of an application by the [*party*] for [*describe the order sought*]. The application will be heard by the Court at [*venue*] at [*time*] on [*date*]. FILED: [*e.g.* 5 September 20 ]. This application was filed by , Australian lawyer for [*identify party*]. Form 7A—Notice to defendant under Corporations Act Rule 7.03 Notice to Defendant under Corporations Act TO: [*name and address of each defendant (if any)*] This complaint will be mentioned at [*venue*] at [*time*] on [*date*]. If you intend to defend the complaint you must attend: (a) in person or instruct a legal practitioner to attend on your behalf on the mention date; and (b) give a notice of defence in accordance with Order 8 of the Magistrates' Court General Civil Procedure Rules 2020. If you or your legal practitioner do not attend on the mention date the Court may: (a) make a final order; (b) give directions as to the future conduct of the proceeding; or (c) hear any application. Dated: [*e.g.* 5 September, 20 ]. Form 8A—Affidavit in support of summons for commitment Rule 8.01(1) Affidavit in Support of Summons for Commitment I, of , the abovenamed plaintiff [*or* Australian lawyer for the abovenamed plaintiff] *make oath/*affirm and say: 1. By an order dated [*e.g. 5 September, 20* ] it was ordered that [*judgment debtor*] should pay me [*or* the plaintiff] the sum of $ [*amount*] together with $ [*amount*] costs [*or as the case may be*]. 2. The sum of $ [*amount*] ordered to be paid [*or* $ [*amount*]], part of the sum ordered to be paid is still due and unpaid. 3. I am informed by [*name and address*] and believe that since the date of the order made against the defendant, the defendant has had sufficient means and ability to pay the sum in respect of which the defendant has made default and has refused or neglected and still refuses or neglects to pay. *Sworn/*Affirmed, etc. Form 9A—Complaint Rule 9.03(1) Complaint TO THE DEFENDANT TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this Complaint. IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE NOTICE of your intention by first obtaining the leave of the Court to defend the claim and then giving notice of defence. IF YOU DO NOT OBTAIN THE LEAVE OF THE COURT TO DEFEND, the plaintiff may OBTAIN AN ORDER (JUDGMENT) AGAINST YOU on the claim without further notice. THE PROPER TIME FOR OBTAINING LEAVE TO DEFEND is as follows— (a) where you reside within 80 kilometres of the North East corner of Bourke and Elizabeth Streets, Melbourne, within 16 days of service; (b) where you reside beyond that distance, within 21 days after service. IF YOU PAY the amount of the claim, namely $ [*amount*] and $ [*amount*] for legal costs to the plaintiff or to the plaintiff's Australian lawyer within the proper time stated above, this proceeding will come to an end. Notwithstanding the payment you may have the costs fixed by the Court. APPLICATION FOR LEAVE TO DEFEND must be made within the proper time stated above to the Court at the venue of the Court at which this Complaint was filed. THE COURT MAY GIVE LEAVE TO DEFEND if you— (a) pay into Court the amount claimed, namely, $ [*amount*]; or (b) file affidavits satisfactory to the Court which disclose— (i) a defence; or (ii) such facts as would make it incumbent on the holder to prove consideration; or (iii) such other facts as the Court considers sufficient to support the application. THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Particulars of Claim The Plaintiff claims $ [*amount*] principal and interest [*or* $ [*amount*] balance of principal and interest] due to the payee [indorsee *or* bearer] of a bill of exchange [promissory note *or* order for the payment of money] of which the following is a copy. [*Here copy bill and all indorsements on it*] 1. This Complaint was filed— * by the plaintiff in person; * for the plaintiff by [*name of firm of Australian lawyer*], Australian lawyer(s), of [*business address within Victoria of Australian lawyer*]. 2. The address of the plaintiff is— 3. The address for service of the plaintiff is—[*If the plaintiff sues by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the plaintiff sues in person, the address in* 2.] 4. The address of the defendant is— IMPORTANT INFORMATION FOR THE DEFENDANT Interpreters If you need an interpreter to help you read this document, contact details for most languages are listed at www.mcv.vic.gov.au. Legal and financial advice 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 making an APPLICATION TO OBTAIN LEAVE TO DEFEND, 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 obtain leave to 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. Form 9B—Application for leave to defend Rule 9.04(3) Application for Leave to Defend THE DEFENDANT APPLIES for leave to defend this claim. * On [*date*] the sum of $ [*amount*] (being the sum claimed in the complaint) was paid into Court by the defendant. * The affidavit(s) of [*names of deponents*] setting out the facts upon which the defendant relies in the application are filed herewith. * Defendant * Defendant's Australian lawyer 1. This application was filed— * by the defendant in person; * 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— 3. The address for service of the defendant is—[*If the defendant defends by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the defendant defends in person, the address in* 2.] 4. The date of service of the complaint was [*date*]. * Delete if inapplicable. Form 9C—Application for order Rule 9.05(2) Application for Order 1. The plaintiff requests that an order be made for $ [*amount*] plus interest at the rate of [*rate*]% to the date of the order. 2. The defendant— * has not been given leave to defend this complaint within the time provided for in section 5 of the **Instruments Act 1958**. * has been given leave to defend this complaint within the time provided for in section 5 of the **Instruments Act 1958**, but has not given notice of defence to the plaintiff within 21 days after the date on which leave to defend was given. 3. An affidavit stating the matter in which the complaint was served has been previously filed with the Court. 4. The plaintiff's costs are— * Plaintiff * Plaintiff's Australian lawyer Form 9D—Notification of decision Rule 9.06 Notification of Decision TO THE PLAINTIFF AND TO THE DEFENDANT APPLICATION FOR LEAVE TO DEFEND was filed on [*date*] and has been considered by the Court. The Court orders as follows— * Application for leave to defend refused. * Application for leave to defend granted upon condition—[*set out conditions, if any*]. Dated: [*e.g.* 5 September, 20 ]. Form 9E—Application for leave to defend after order made Rule 9.07(1)(a) Application for Leave to Defend after Order Made TO THE PLAINTIFF THE DEFENDANT did not obtain leave to defend the above complaint and on [*date*] an order was made against the defendant for $ [*amount*] with $ [*amount*] costs. TAKE NOTICE that the defendant will apply to the Court at [*time*] on [*date*] for an order that the order made be set aside and that leave to defend the complaint be granted. The special circumstances upon which the defendant relies in support of this application are—[*set out special circumstances*]. * Defendant * Defendant's Australian lawyer 1. This application was filed— *by the defendant in person; *for the defendant by [*name or firm or Australian lawyer*], Australian lawyer(s), of [*business address within Victoria of Australian lawyer*]. 2. The address of the defendant is— 3. The address for service of the defendant is—[*If the defendant defends by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the defendant defends in person, the address in* 2.] Form 10A inserted by S.R. No. 143/2021 rule 5. Form 10A—Substituted proceeding complaint or summons Rule 10A.02 **SUBSTITUTED PROCEEDING COMPLAINT OR SUMMONS** **(Part 3A of the Victorian Civil and Administrative Tribunal Act 1998)** AT [*insert proper venue*] BETWEEN *A.B.* Applicant OF and *C.D.* Respondent OF [*address of respondent*] 1. The address of the applicant is— 2. The electronic address for service of the applicant is— 3. *Name and address of the Australian lawyer for the applicant— [*insert name and address*]. 4. The applicant/s sue/s in the following representative capacity *(individual, organisation, company or other)*— 5. The respondent/s is/are being sued in the following representative capacity *(individual, organisation, company or other)*— 6. *Amount the applicant is claiming—[*$* ]. **NOTICE TO THE RESPONDENT** 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 applicant's claim against you is set out in the Application Information.** You **MUST READ** the Application Information. **IF YOU INTEND TO DEFEND this substituted proceeding complaint or summons**, **YOU MUST GIVE NOTICE OF REPLY within 14 days** after the day you were served with this substituted proceeding complaint or summons, to— (a) the applicant (at the address for service of the applicant as stated above); and (b) the registrar of the Magistrates' Court of Victoria at [*insert proper venue and address*]. **NOTICE OF REPLY** must be given in the proper form (Form 10B, 2 copies of which have been served with this substituted proceeding complaint or summons) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed. **IF YOU PROVIDE THE RELIEF SOUGHT** by the applicant **within 14 days** after service of this substituted proceeding complaint or summons to the applicant or to the applicant's Australian lawyer without giving notice of reply and the applicant accepts the relief or 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 REPLY WITHIN 14 DAYS** after service of this substituted proceeding complaint or summons and have not provided relief or paid the claim and the costs, the applicant, upon hearing of this claim by the Court and without giving you any further notice, may apply to the Court for an **ORDER (JUDGMENT) AGAINST YOU** for the relief or the amount of the claim and interest and costs **AND** take steps to enforce the order (judgment) and obtain payment. **IF THIS IS AN URGENT APPLICATION** (listed for hearing in less than 14 days after receiving this summons) you do not need to file a notice of reply. You **MUST** contact the registrar at the Court at [*insert proper venue and address*] that is hearing this substituted proceeding complaint or summons. **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 REPLY**, 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** reply to this claim and do not reach agreement with the applicant 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. **Part A—Federal jurisdiction information** *(The substituted proceeding complaint or summons* *must demonstrate that the application raises a controversy involving federal jurisdiction subject matter under Part 3A of the* ***Victorian Civil and Administrative Tribunal Act 1998****. Federal jurisdiction matters are those within sections 75 and 76 of the Commonwealth Constitution and include matters where the Commonwealth is a party, the dispute is between residents of different states or the dispute arises under a Commonwealth law.* *Please briefly outline, in numbered paragraphs, the facts which cause this matter to come within federal jurisdiction subject matter to be heard by the Magistrates' Court).* **Part B—Application information**** **DESCRIPTION OF CLAIM** *(Briefly outline the circumstances of the dispute in numbered paragraphs)*. **DESCRIPTION OF RELIEF SOUGHT** *(Briefly outline the relief sought from the Court in numbered paragraphs, including any amounts claimed)*. **This substituted proceeding complaint or summons **must be lodged with an accompanying annexure if applicable to the application type**. The full list of accompanying annexures can be obtained from the Magistrates' Court of Victoria's website at www.mcv.vic.gov.au. THIS SUBSTITUTED PROCEEDING COMPLAINT OR SUMMONS IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Dated: [*insert date*] [*To be signed by the applicant or the applicant's Australian lawyer*] You are summoned to attend before the Court on the hearing of an application by [*insert name of applicant*]. The application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [*insert date*] at a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows. This substituted proceeding complaint or summons was filed by [*insert name of Australian lawyer*] of [*insert name and address of firm of Australian lawyer*], Australian lawyer for the [*identify party*]. Form 10B inserted by S.R. No. 143/2021 rule 5. Form 10B—Notice of reply Rule 10A.03(2) **NOTICE OF REPLY** **(Part 3A of the Victorian Civil and Administrative Tribunal Act 1998)** AT [*insert proper venue*] BETWEEN *A.B.* Applicant OF and *C.D.* Respondent OF [*address of respondent*] TO THE APPLICANT: AND TO THE REGISTRAR AT THE MAGISTRATES' COURT AT: TAKE NOTICE that the respondent intends to defend this substituted proceeding complaint or summons. AND TAKE NOTICE THAT the respondent's reply is as follows— [*Briefly outline, in numbered paragraphs, the reply of the respondent to the dispute*] Dated: [*insert date*] [*To be signed by the respondent or the respondent's Australian lawyer*] 1. This notice was signed— * by the respondent in person. * for the respondent corporation by [*name of person*] of [*address*] who holds the position of [*director, secretary or other person authorised in writing by the respondent corporation*]. * for the respondent by [*name or firm of Australian lawyer*], Australian lawyer(s), of [*business address of Australian lawyer*]. 2. The address of the respondent is— 3. The address for service of the respondent is— [**If the Service and Execution of Process Act 1992 of the Commonwealth applies*] The address for service of the respondent within Australia is [*insert address*]. [**If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies*] The address for service of the respondent in Australia or New Zealand is [*insert address*]. [**If neither of those Acts applies and the respondent appears in person*] The address for service of the respondent within Victoria is [*insert address of the defendant within Victoria, not being a post office box*]. [**If neither of those Acts applies and the respondent defends by an Australian lawyer*] The name or firm and the business address of the Australian lawyer of the respondent 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 electronic address for service of the respondent is— Form 12A—Application for leave to apply for limited litigation restraint order or extended litigation restraint order Rule 12.02 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Leave to Apply for Limited Litigation Restraint Order or Extended Litigation Restraint Order (Section 10(1) or 16(1) of the **Vexatious Proceedings Act 2014**) I, [*name*], apply under section *10(1)/*16(1) of the **Vexatious Proceedings Act 2014** for leave to apply for *a limited litigation restraint order/*an extended litigation restraint order. In accordance with section *10(3)/*16(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [*set out the grounds in numbered paragraphs*]. 1. leave to apply for *a limited litigation restraint order/*an extended litigation restraint order; * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12B—Application for limited litigation restraint order or extended litigation restraint order Rule 12.03 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Limited Litigation Restraint Order or Extended Litigation Restraint Order (Section 10(1) or 16(1) of the **Vexatious Proceedings Act 2014**) I, [*name*], apply for *a limited litigation restraint order/*an extended litigation restraint order under section *10(1)/*16(1) of the **Vexatious Proceedings Act 2014**. Leave was granted to me to apply by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order. I contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*]. 1. *a limited litigation restraint order/*an extended litigation restraint order; **SUMMONS** To: [*identify each party or other person to whom the application is addressed and state address of each person not a party*]. You are summoned to attend before the Court on the hearing of the application for the orders sought. The application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [e.g. 20 June 20 ] at [*insert time*] a.m. [*or* p.m.] or so soon afterwards as the business of the Court allows. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12C—Application for acting in concert order Rule 12.04 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Acting In Concert Order (Section 34 of the **Vexatious Proceedings Act 2014**) I, [*name*], am a person referred to in section *34(a)/*34(b) of the **Vexatious Proceedings Act 2014** and apply under that section for an acting in concert order. I contend that the order should be made on the following grounds: [*set out the grounds in numbered paragraphs*]. 1. an acting in concert order; **SUMMONS** To: [*identify each party or other person to whom the application is addressed and state address of each person not a party*]. You are summoned to attend before the Court on the hearing of the application for the orders sought. The application will be heard in the Magistrates' Court of Victoria at [*insert venue*] on [e.g. 20 June 20 ] at [*insert time*] a.m. [or p.m.] or so soon afterwards as the business of the Court allows. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12D—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order Rule 12.05 [*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*] Application for Leave to Make or Continue Interlocutory Application in Proceeding by Person Subject to Limited Litigation Restraint Order (Section 50 of the **Vexatious Proceedings Act 2014**) I, [*name*], a person subject to a limited litigation restraint order [*identify the relevant order*], apply under section 50 of the **Vexatious Proceedings Act 2014** for leave to *make/*continue an interlocutory application in this proceeding. In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [*set out the grounds in numbered paragraphs*]. 1. leave to *make/*continue the following interlocutory application [*specify*]; This application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows— (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12E—Application for leave to continue proceeding by person subject to extended litigation restraint order Rule 12.06 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Leave to Continue Proceeding by Person Subject to Extended Litigation Restraint Order (Section 52(1) of the **Vexatious Proceedings Act 2014**) I, [*name*], a person subject to an extended litigation restraint order [*identify the relevant order*], apply under section 52(1) of the **Vexatious Proceedings Act 2014** for leave to continue *this proceeding/*a proceeding to which the order relates, namely [*identify the relevant proceeding*]. In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*]. 1. leave to continue this proceeding/*a proceeding, namely [*identify relevant proceeding*]; This application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows— (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12F—Application for leave to commence proceeding by person subject to extended litigation restraint order Rule 12.06 IN THE MAGISTRATES' COURT 20 No. AT IN THE MATTER of an application under section 52(1) of the **Vexatious Proceedings Act 2014***.* Application for Leave to Commence Proceeding by Person Subject to Extended Litigation Restraint Order I, [*name*], a person subject to an extended litigation restraint order [*identify the relevant order*], apply under section 52(1) of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding *against a personor other entity protected by the order/*in respect of a matter described in the order. In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [*set out the grounds in numbered paragraphs*]. 1. leave to commence a proceeding, namely, [*set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties*]; This application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows— (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12G—Application for leave to continue proceeding by person subject to general litigation restraint order Rule 12.07 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Leave to Continue Proceeding by Person Subject to General Litigation Restraint Order (Section 54 of the **Vexatious Proceedings Act 2014**) I, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to continue *this proceeding/*a proceeding, namely [*identify relevant proceeding*]. In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [*set out the grounds in numbered paragraphs*]. 1. leave to continue *this proceeding/*a proceeding, namely [*identify the proceeding*]; This application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows— (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12H—Application for leave to commence proceeding by person subject to general litigation restraint order Rule 12.07 IN THE MAGISTRATES' COURT 20 No. AT IN THE MATTER of an application under section 54 of the **Vexatious Proceedings Act 2014***.* Application for Leave to Commence Proceeding by Person Subject to General Litigation Restraint Order I, [*name*], a person subject to a general litigation restraint order [*identify the relevant order*], apply under section 54 of the **Vexatious Proceedings Act 2014** for leave to commence a proceeding. In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [*set out the grounds in numbered paragraphs*]. 1. leave to commence a proceeding, namely, [*set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties*]; This application is accompanied by an affidavit disclosing the details required under section 56 of the **Vexatious Proceedings Act 2014** as follows— (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the **Supreme Court Act 1986**, as in force immediately before its repeal; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12I—Notice of application for leave to proceed Rule 12.08 [*heading as used in application for leave to proceed*] Notice of Application for Leave to Proceed (Section 60 of the **Vexatious Proceedings Act 2014**) TO: (a) the Attorney-General; (b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*]. TAKE NOTICE that [*name*] of [*address*], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [*describe the relief sought in the application*]. Under section 60(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for leave to proceed be given to you. This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates. You are entitled to make submissions in relation to the application. Any Questions? If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9:00 a.m. to 4:30 p.m. each business day. Form 12J—Application for leave to apply to vary or revoke litigation restraint order Rule 12.09 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application for Leave to Apply to Vary or Revoke Litigation Restraint Order (Section 65(1) of the **Vexatious Proceedings Act 2014**) I, [*name*], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [*identify the relevant order*] apply for leave to apply to *vary/*revoke that order under section 65(1) of the **Vexatious Proceedings Act 2014**. I contend that leave to apply should be given to *vary the order/*revoke the order, on the following grounds: [*set out the grounds in numbered paragraphs*]. The applicant seeks leave to apply for— *1. variation of the order in the following manner [*specify variation of order sought*]; *1. revocation of the order; * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12K—Application to vary or revoke litigation restraint order Rule 12.10 *[*heading as in Form 5A of the Magistrates' Court General Civil Procedure Rules 2020*]/*[*heading in accordance with Rule 27.02*] Application to Vary or Revoke Litigation Restraint Order (Section 65(1) of the **Vexatious Proceedings Act 2014**) I, [*name*], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [*identify the relevant order*] apply to *vary/*revoke that order under section 65(1) of the **Vexatious Proceedings Act 2014**. Leave was granted to me to apply to *vary/*revoke that order by order of [*insert name of Court*] on [*insert date*]. Attached to this application is a copy of that order. I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [*set out the grounds in numbered paragraphs*]. *1. variation of the order in the following manner [*specify variation of order sought*]; *1. revocation of the order; * for the applicant by [*name or firm of Australian lawyer*], Australian lawyer, of [*business address of Australian lawyer*]. * for the applicant 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*]. Form 12L—Notice of application to vary or revoke litigation restraint order Rule 12.11 [*heading as used in application for leave to vary or revoke litigation restraint order*] Notice of Application to Vary or Revoke Litigation Restraint Order (Section 67 of the **Vexatious Proceedings Act 2014**) TO: (a) the Attorney-General; (b) [*name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately*]. TAKE NOTICE that [*name*] of [*address*], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [*describe variation sought*]/*revoke the litigation restraint order. Under section 67(2) of the **Vexatious Proceedings Act 2014**, the Court has directed that notice of the application for *variation/*revocation be given to you. This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application. You are entitled to make submissions in relation to the application for *variation/*revocation. Any Questions? If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [*venue*], Tel: [*insert telephone number*], Hours: 9:00 a.m. to 4:30 p.m. each business day. Form 13A inserted by S.R. No. 20/2022 rule 5, amended by S.R. No. 68/2023 rule 8. Form 13A—Complaint Rule 13.02(1) COMPLAINT OF and OF TO THE DEFENDANT TAKE NOTICE that this COMPLAINT has been brought against you on the basis set out in the pages attached. If you intend to defend this complaint you must complete a response within 14 days after service on you of this complaint and give it to— (a) the plaintiff whose address for service is set out in this Form; AND (b) the Registrar of the Magistrates' Court of Victoria at Melbourne. You should have received a blank copy of the response when served with this complaint. If you have a claim against the plaintiff, you may counterclaim against the plaintiff in the proceeding with leave of the Court. If you intend to counterclaim you must give notice of intention to counterclaim in the response form. If you submit a response the Court will write to you and tell you the date you need to attend a pre-hearing conference. **IF YOU WANT TO DEFEND THE COMPLAINT** but fail to submit a response within 14 days after service on you of the complaint the plaintiff may be able to obtain an order against you for the amount claimed together with costs without further notice to you. **PLAINTIFF DETAILS** Date of Birth: (*only provide date of birth if under 21 years of age*) Address for service of court documents: (*if different from above*) Mobile: If the plaintiff is an organisation: Trading as: ABN: (*if an individual business*) ACN: *(if a company)* **PLAINTIFF REPRESENTATIVE DETAILS** Are you represented? (*if not, go to the next section*) Who is representing you? Union Australian lawyer Other Name of representative: Representative contact person details: Mobile: **DEFENDANT DETAILS** You may sue the defendant in ONE of the following capacities. Please provide details for ONE applicable option below: Individual Individual business Company Trading as: ABN: (*only if complaint is against a defendant that is an individual business*) ACN: (*only if complaint is against a defendant that is a company*) If the complaint is against a company, the address is the company's registered office (as per ASIC search). **PLAINTIFF EMPLOYMENT DETAILS** Job title: Date employment commenced: Are you still employed by the defendant? Yes No Date employment ended: **NATURE OF EMPLOYMENT** On what basis are or were you employed? Full time Part time Casual Fixed term Seasonal Outworker Do or did you work regular hours? Yes If Yes, please indicate your start and finish times in the table below No If No, how many hours per week did you work? (*provide average or range*) | *Day* | *Start time* | *Finish time* | | Monday | a.m./p.m. | a.m./p.m. | | Tuesday | a.m./p.m. | a.m./p.m. | | Wednesday | a.m./p.m. | a.m./p.m. | | Thursday | a.m./p.m. | a.m./p.m. | | Friday | a.m./p.m. | a.m./p.m. | | Saturday | a.m./p.m. | a.m./p.m. | | Sunday | a.m./p.m. | a.m./p.m. | What is your applicable Modern Award or Enterprise Agreement? What is your classification level under the applicable Modern Award or Enterprise Agreement? Do you have a written contract of employment? Yes No **COMPLAINT TYPE** The claim is made because the defendant has breached (*select each one that applies*): **Claims under the Fair Work Act 2009 of the Commonwealth** A term of a modern award (*specify name of award*) A term of an Enterprise Agreement (or transitional agreement) (*specify name of agreement*) A term of the National Employment Standards (*specify the relevant terms*) A term of an order of the Fair Work Commission (*specify the term of the order*) The Fair Work Act 2009 of the Commonwealth (*specify relevant section*) The Fair Work Regulations 2009 of the Commonwealth (*specify relevant regulation*) **Claims under Victorian legislation etc.** The Long Service Leave Act 2018 The Occupational Health and Safety Act 2004 The Outworkers (Improved Protection) Act 2003 The Public Holidays Act 1993 The Workplace Injury Rehabilitation and Compensation Act 2013 Contract of employment Other (*specify*) **BREACHES** Please indicate which of the following are applicable and the amounts you are claiming (*select each one that applies*): Failure to pay wages: $ Failure to pay commission: $ Failure to pay entitlements (*e.g. sick leave, annual leave or carers leave*): $ Failure to pay penalty rates: $ Failure to pay allowances: $ Failure to comply with National EmploymentStandards (NES): $ Failure to give notice of termination of employment: $ Unauthorised deduction from wages: $ Other: (*specify*) $ Total of all breaches: $ **NATURE OF BREACHES** Briefly describe each breach you have selected above. Be clear and include enough information to enable the defendant to understand the claim. If claiming money, you must include details of each amount claimed (*attach further sheets if you require more space*). The plaintiff seeks orders that the defendant do either or both of the following: Pay monies in the sum of the breaches claimed: $(*insert amount*) Impose a penalty (*this is for claims under section 546 of the Fair Work Act 2009 of the Commonwealth but is not available if the small claims procedure under section 548 of that Act is elected*) Yes No Do something else (*please specify*). **SMALL CLAIMS PROCEDURE** If your complaint is brought under the Fair Work Act 2009 of the Commonwealth you can elect to have your matter heard as a small claim and simplified procedures will apply. The small claims procedure applies for claims of $100 000 or less. I elect to have this matter heard as a small claim under section 548 of the Fair Work Act 2009 of the Commonwealth. The small claims procedure does not allow a party to be represented by a legal practitioner unless the Court grants permission. Do you intend to seek to be represented? Yes No If you intend to seek leave to be represented, please provide the representative details in the "Plaintiff Representative Details" section above. Signed by the plaintiff or plaintiff's representative Form 13B inserted by S.R. No. 20/2022 rule 5, amended by S.R. No. 68/2023 rule 9. Form 13B—Response Rule 13.03(1) Response OF and OF TO THE PLAINTIFF AND TO THE REGISTRAR OF THE MAGISTRATES' COURT AT MELBOURNE TAKE NOTICE that the defendant's response to a claim made by the plaintiff is attached. **RESPONSE TO A CLAIM MADE BY THE PLAINTIFF** **DEFENDANT DETAILS** Is the defendant correctly identified in the complaint? Yes (*Go to "Contact person details"*) No (*Go to next question*) What is the correct name? Registered office or trading address: Contact person details: Position: Phone: **REPRESENTATIVE DETAILS** Is anyone representing the defendant? Yes (*Go to next question*) No (*Go to next section*) Who is representing the defendant? Australian lawyer Industry group/association Other Name of representative: Representative contact person details: Phone: **ADDRESS FOR SERVICE** Court documents and notice to the defendant must be sent to: Defendant directly Defendant's representative **INDUSTRIAL INSTRUMENT** Does the defendant agree that the award, agreement or order (if any) referred to in the complaint is correct? Yes No If No, state the award, agreement or other order under which the plaintiff is or was employed: **RESPONSE TO CLAIM** The defendant opposes each of the following claims made in the complaint (*tick as appropriate and attach further sheets if necessary*): Wages: $ Commission: $ Leave entitlements: $ Penalty rates: $ Allowances: $ Notice of termination: $ Unauthorised deduction from wages: $ Response to any other alleged breach: **NOTICE OF INTENTION TO COUNTERCLAIM BY DEFENDANT** The defendant may counterclaim against the plaintiff in the proceeding only with leave of the Court. This section is to be completed if the defendant intends to make a counterclaim against the plaintiff in the proceeding. The defendant intends to make a counterclaim against the plaintiff as follows (*provide details of the nature of the breaches, applicable legislation if known, and any amounts claimed*): **SMALL CLAIMS PROCEDURE** Only applicable if the matter is a small claim under the Fair Work Act 2009 of the Commonwealth. The small claims procedure does not allow a party to be represented by a legal practitioner unless the Court grants permission. Do you intend to seek to be represented? Yes No If you intend to seek leave to be represented, please provide the representative details in the "Representative Details" section above. Signed by the defendant or defendant's representative: Form 13C inserted by S.R. No. 20/2022 rule 5, amended by S.R. No. 68/2023 rule 10. Form 13C—Application for Order in default under Rule 13.04 Rule 13.04(2)(a) Application for order in Default under Rule 13.04 OF and OF 1. The plaintiff applies for an order for the claim with interest, to the date of this application, shown below. 2. The defendant has not provided a response Form 13B within 14 days after service of the plaintiff's complaint. 3. An "affidavit/*declaration of service'' of the complaint and an 'affidavit in support' has been filed with the Court. 4. A "proper basis certification" and an "overarching obligations certification" has been filed with the Court. 5. An ASIC search has been filed with the Court confirming that the complaint has been served at the registered address of the company (*if this claim is against a company*). 6. Details of the order sought are set out below. **CLAIM** Claim amount: $ Less amounts paid since claim: $ Total: $ **INTEREST** Note: Interest can be calculated from the date the Court issued your complaint to the date you make this application. Date of issue of complaint: $ Date of this application: $ [ ] days at applicable interest rate. Total interest claimed: $ Total amount being claimed: $ Signature of plaintiff Form 13D inserted by S.R. No. 20/2022 rule 5, amended by S.R. No. 68/2023 rule 11. Form 13D—Affidavit in support Rule 13.04(2)(b) Affidavit in Support OF and OF I (*insert name of plaintiff and occupation*) of (*insert address*) *make oath and say/*affirm and say— 1. A complaint Form 13A has been served on the defendant. 2. An 'affidavit/declaration of service' has been filed with the Court. 3. I have not received a response Form 13B from the defendant at the date of swearing or affirming this affidavit. 4. The amount of $ (*insert amount*), calculated based on (*specify the basis on which the amount is calculated*), remains outstanding. 5. Nil or $ (*insert amount*) has been paid since filing and service of the complaint. 6. Any other relief sought and the basis on which it is sought is as follows: (*specify any other relief sought and set out all material facts on which you rely in support*). 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. *Sworn/*Affirmed at [*insert place*]: in the State of Victoria on [*date*]: (*signed by the plaintiff*) Before: (s*ignature*) (*Name, capacity and address in legible writing or typed or stamped*) Authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit. Form 13E inserted by S.R. No. 20/2022 rule 5. Form 13E—Hearing readiness certificate Rule 13.06(1)(a) Hearing Readiness Certificate OF and OF **HEARING COUNSEL** Plaintiff: Defendant: Third party: **INSTRUCTING LAWYERS** Plaintiff: Defendant: Third party: **HEARING ESTIMATE** What is the agreed hearing estimate? (*insert number of days*) Is there any pre-hearing legal argument required? Yes No What is the pre-hearing legal argument duration? (*insert text*) What is the nature of the legal argument? (*insert text*) **PRIORITY LISTING FACTORS** Are there any priority listing factors that apply to this matter? Yes No If Yes, which priority listing factors apply: Previously "not-reached" Other (*please provide details*) **RESOLUTION DISCUSSIONS** Have all reasonable efforts been made to seek resolution in this proceeding? Yes No **DISCOVERY** Are there any outstanding matters concerning discovery? Yes No If Yes, provide details of the material or issues outstanding. **SUBPOENAS** Are there any documents that are to be produced at the trial that will need to be the subject of a subpoena? Yes No If Yes, which documents will need to be the subject of a subpoena? **HEARING** Has the Court Book (or list of documents) been filed? Yes No Are there witness availability issues? Yes No If Yes, specify witness, unavailable dates and reason for unavailability. Plaintiff expert witnesses. Does the plaintiff propose to call any expert witness? Yes No Has the plaintiff filed and served expert witness statements? Yes No **Defendant expert witnesses** Does the defendant propose to call any expert witness? Yes No Has the defendant filed and served expert witness statements? Yes No **Third party expert witnesses** Does the third party propose to call any expert witness: Yes No Has the third party filed and served expert witness statements? Yes No **INTERPRETERS** **Plaintiff interpreters** Does the plaintiff require an interpreter? Yes No **Defendant interpreters** Does the defendant require an interpreter? Yes No **Third party interpreters** Does the third party require an interpreter? Yes No Signed by: **ENDORSEMENT** **Plaintiff endorsement** Yes No Name of plaintiff's Australian lawyer/*self-represented litigant: **Defendant endorsement** Yes No Name of defendant's Australian lawyer/*self-represented litigant: **Third party endorsement** Yes No Name of third party's Australian lawyer/*self-represented litigant: **Appendix AA amended by S.R. Nos 23/2021 rule 7, 167/2021 rule 7, 134/2022 rule 7, 128/2023 rule 7, 134/2024 rule 7, 134/2025 rule 7.** Appendix AA—Professional costs in respect of an arbitration where no offer of compromise made Rule 2.08 Part A—Professional costs 1.1 The Court may award a party to a proceeding referred to arbitration costs for all professional costs incurred in the proceeding (including Australian lawyers' costs and fees to counsel) in accordance with the following Table— | *Item* | *If any of the following things occur...* | *The amount of costs that may be awarded is not more than...* | | 1 | If the amount awarded in arbitration is $500 or more but is less than $3000 | If the arbitration does not exceed 2 hours—$2039<br>If the arbitration exceeds 2 hours—$3060 | | 2 | If the amount awarded in arbitration is $3000 or more but is less than $5000 | If the arbitration does not exceed 2 hours—$2199<br>If the arbitration exceeds 2 hours—$3299 | | 3 | If the amount awarded in arbitration is $5000 or more but is less than $10 000 | If the arbitration does not exceed 2 hours—$2357<br>If the arbitration exceeds 2 hours—$3536 | | 4 | If a party is awarded costs only and the amount claimed in the complaint is $500 or more but is less than $3000 | If the arbitration does not exceed 2 hours—$2039<br>If the arbitration exceeds 2 hours—$3060 | | 5 | If a party is awarded costs only and the amount claimed in the complaint is $3000 or more but is less than $5000 | If the arbitration does not exceed 2 hours—$2199<br>If the arbitration exceeds 2 hours—$3299 | | 6 | If a party is awarded costs only and the amount claimed in the complaint is $5000 or more but is less than $10 000 | If the arbitration does not exceed 2 hours—$2357<br>If the arbitration exceeds 2 hours—$3536 | Part B—Additional amounts of professional costs—pre‑hearing conferences and mediations 1.2 In addition to the amounts that may be awarded under clause 1.1, if a complaint has been the subject of a pre-hearing conference under section 107 of the **Magistrates' Court Act 1989** or a mediation under section 108 of the **Magistrates' Court Act 1989**, the Court may award a party to a proceeding referred to arbitration the following amounts— (a) $385, if item 1 or 4 of the Table to clause 1.1 applies; (b) $478, if item 2 or 5 of the Table to clause 1.1 applies; (c) $575, if item 3 or 6 of the Table to clause 1.1 applies. Appendix AB—Professional costs to be awarded to plaintiff where defendant does not accept offer of compromise Rule 2.09 | *Item* | *Amount of award* | *If offer of compromise was served within 21 days after notice of defence given* | *If offer of compromise was served within 21 days after pre-hearing conference (if held)* | *If offer of compromise was served at least 14 days before arbitration* | | 1 | $500 or more but does not exceed $3000 | Cap A plus 75% of Cap A | Cap A plus 50% of Cap A | Cap A plus 25% of Cap A | | 2 | $3001 or more but less than $5000 | Cap B plus 75% of Cap B | Cap B plus 50% of Cap B | Cap B plus 25% of Cap B | | 3 | $5000 or more but less than $10000 | Cap C plus 75% of Cap C | Cap C plus 50% of Cap C | Cap C plus 25% of Cap C | Appendix AC—Professional costs to be awarded where plaintiff does not accept offer of compromise Rule 2.10 **Table** | *Item* | *Amount of award* | *If offer of compromise was served within 21 days after notice of defence given* | *If offer of compromise was served within 21 days after pre-hearing conference (if held)* | *If offer of compromise was served at least 14 days before arbitration* | | 1 | Nil and no other relief granted | **Plaintiff pays—**<br>Cap A plus 75% of Cap A | **Plaintiff pays—**<br>Cap A plus 50% of Cap A | **Plaintiff pays—**<br>Cap A plus 25% of Cap A | | 2 | $1 or more but less than $500 | **Plaintiff pays—**<br>80% of Cap A (the ***base amount***) plus 75% of the base amount | **Plaintiff pays—**<br>60% of Cap A (the ***base amount***) plus 50% of the base amount | **Plaintiff pays—**<br>30% of Cap A (the ***base amount***) plus 25% of the base amount | | 3 | $500 or more but does not exceed $3000 | **Plaintiff pays—**<br>80% of Cap A (the ***base amount***) plus 75% of the base amount<br>**Defendant pays—**<br>20% of Cap A | **Plaintiff pays—**<br>60% of Cap A (the ***base amount***) plus 50% of the base amount<br>**Defendant pays—**<br>40% of Cap A | **Plaintiff pays—**<br>30% of Cap A (the ***base amount***) plus 25% of the base amount<br>**Defendant pays—**<br>70% of Cap A | | 4 | $3001 or more but less than $5000 | **Plaintiff pays—**<br>80% of Cap B (the ***base amount***) plus 75% of the base amount<br>**Defendant pays—**<br>20% of Cap B | **Plaintiff pays—**<br>60% of Cap B (the ***base amount***) plus 50% of the base amount<br>**Defendant pays—**<br>40% of Cap B | **Plaintiff pays—**<br>30% of Cap B (the ***base amount***) plus 25% of the base amount<br>**Defendant pays—**<br>70% of Cap B | | 5 | $5000 or more but less than $10 000 | **Plaintiff pays—**<br>80% of Cap C (the ***base amount***) plus 75% of the base amount<br>**Defendant pays—**<br>20% of Cap C | **Plaintiff pays—**<br>60% of Cap C (the ***base amount***) plus 50% of the base amount<br>**Defendant pays—**<br>40% of Cap C | **Plaintiff pays—**<br>30% of Cap C (the ***base amount***) plus 25% of the base amount<br>**Defendant pays—**<br>70% of Cap C | **Appendix AD (Heading) amended by S.R. No. 89/2021 rule 6.** Appendix AD—Professional costs to be awarded to plaintiff where defendant accepts offer of compromise Rule 2.10A | *Item* | *Amount of award* | *If offer of compromise was accepted within 28 days after notice of defence given* | *If offer of compromise was accepted within 28 days after pre-hearing conference (if held)* | *If offer of compromise was accepted at least 7 days before arbitration* | | 1 | $500 or more but does not exceed $3000 | 25% of Cap A | 50% of Cap A | 75% of Cap A | | 2 | $3001 or more but less than $5000 | 25% of Cap B | 50% of Cap B | 75% of Cap B | | 3 | $5000 or more but less than $10000 | 25% of Cap C | 50% of Cap C | 75% of Cap C | Appendix A—Civil Registry Courts | Ararat | Hamilton | Orbost | | Bacchus Marsh | Heidelberg | Ouyen | | Bairnsdale | Hopetoun | Portland | | Ballarat | Horsham | Ringwood | | Benalla | Kerang | Robinvale | | Bendigo | Korumburra | St. Arnaud | | Broadmeadows | Kyneton | Sale | | Castlemaine | Latrobe Valley | Seymour | | Cobram | Mansfield | Shepparton | | Colac | Maryborough | Stawell | | Neighbourhood Justice Centre, Collingwood | Melbourne | Sunshine | | Corryong | Mildura | Swan Hill | | Dandenong | Moe | Wangaratta | | Dromana | Moorabbin Justice Centre | Warrnambool | | Echuca | Myrtleford | Werribee | | Frankston | Nhill | Wodonga | | Geelong | Omeo | Wonthaggi | Appendix B—Civil Registry Courts—Proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies | Bairnsdale | Heidelberg | Seymour | | Ballarat | Horsham | Shepparton | | Bendigo | Latrobe Valley | Wangaratta | | Broadmeadows | Melbourne | Warrnambool | | Dandenong | Mildura | Werribee | | Echuca | Moorabbin Justice Centre | Wodonga | | Frankston | Ringwood | | | Geelong | Sale | | Schedule 1—Revoked Statutory Rules Rule 1.03(2) | *S.R. No*. | *Title* | | 141/2010 | Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 | | 124/2011 | Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 1) Rules 2011 | | 27/2012 | Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012 | | 106/2014 | Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 | | 4/2015 | Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs and Forms Amendment) Rules 2015 | | 81/2019 | Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2019 | | 94/2020 | Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2020 | Dated: 20 October 2020 LISA HANNAN, *Chief Magistrate* FELICITY BROUGHTON, *Deputy Chief Magistrate* SUSAN WAKELING, *Deputy Chief Magistrate* ═════════════ Endnotes