Part 1
Citation, commencement and revocation 1
Part 1—Citation, commencement and revocation 1
1.01 Title and object 1
1.02 Authorising provisions 1
1.03 Commencement and revocation 1
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Victoria regulation
The Supreme Court (General Civil Procedure) Rules 2025 set the formal procedures for running civil cases in the Victorian Supreme Court, covering filing, case progression, deadlines and hearings. They apply to plaintiffs, defendants, lawyers and self-represented litigants in civil matters.
Following these rules is essential: non‑compliance can delay or end a case or attract cost penalties. This instrument appears to be a 2025 consolidation updating the earlier procedural rules.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Supreme Court (General Civil Procedure) Rules 2025.
Part 1—Citation, commencement and revocation 1
1.01 Title and object 1
1.02 Authorising provisions 1
1.03 Commencement and revocation 1
Part 2—Application of Rules 2
1.04 Definitions 2
1.05 Application 2
1.06 Jurisdiction not affected 2
1.12 Order to review 3
Part 3—Interpretation 3
1.13 Definitions 3
Part 4—Miscellaneous 6
1.14 Exercise of power 6
1.14.1 Exercise of powers of Registrar by Associate Judge 7
1.15 Procedure wanting or in doubt 7
1.16 Act by corporation 8
1.17 Corporation a party 8
1.18 Power to act by solicitor 8
1.19 Continuation of address for service 9
Order 2—Non-compliance with the Rules 10
2.01 Effect of non-compliance 10
2.02 Originating process 10
2.03 Application to set aside for irregularity 10
2.04 Dispensing with compliance 11
Order 3—Time, sittings and Court office 12
3.01 Calculating time 12
3.02 Extension and abridgement 12
3.03 Fixing time 13
3.04 Process in vacation 13
3.05 Time for service 13
3.06 Proceedings after a year 13
3.07 Sittings and vacation 14
3.08 Office 14
3.09 Office hours 14
Order 4—Process in the Court 15
Part 1—General 15
4.01 How proceeding commenced 15
4.02 Interlocutory application 15
4.03 Names of parties 15
4.04 When writ required 16
4.05 When originating motion required 16
4.06 Optional commencement by originating motion 16
4.07 Continuance as writ of proceeding by originating motion 16
4.08 Urgent case 17
Part 2—Certifications requirements for proceedings 17
4.09 Overarching obligations certification 17
4.09.1 Certification of prior overarching obligations certification 18
4.10 Proper basis certification 18
Order 5—Content, filing and duration of originating process 19
5.01 Definitions 19
5.02 Form of originating process 19
5.03 Appearance 19
5.04 Indorsement of claim on writ 19
5.05 Indorsement of claim on motion 20
5.06 Indorsement as to capacity 20
5.07 Address of parties 20
5.08 Place and mode of trial 21
5.09 Stay on payment of costs 21
5.10 Petition 22
5.11 Filing of originating process 22
5.12 Duration and renewal of originating process 23
Order 6—Service 25
6.01 When personal service necessary 25
6.02 Personal service of originating process 25
6.03 How personal service effected 25
6.04 Service on particular defendants 25
6.05 Motor car death or bodily injury 26
6.06 Address for service 27
6.06.1 Solicitor changing address 27
6.06.2 Email address for service 28
6.06.3 Party changing email address for service 28
6.07 How ordinary service effected 28
6.08 Identity of person served 31
6.09 Acceptance of service by solicitor 32
6.10 Substituted service 32
6.11 Confirmation of informal service 34
6.12 Service by filing 34
6.13 Service on agent 34
6.14 Service under contract 35
6.15 Recovery of vacant land 35
6.16 Service of notice by the Court 36
6.17 Affidavit of service 36
Order 7—Service out of Australia 37
Part 1—Service out of Australia 37
7.01 Part does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings 37
7.02 When allowed without leave 37
7.03 When allowed with leave 42
7.04 Court's discretion whether to assume jurisdiction 42
7.05 Notice to person served out of Australia 43
7.06 Time for filing appearance 43
7.07 Leave to proceed where no appearance by person 44
7.08 Service of other documents out of Australia 44
7.09 Mode of service 44
Part 2—Service in foreign country 44
7.09.1 Application 44
7.10 Documents required 45
7.11 Translation 46
7.12 Request and undertaking 46
7.13 Procedure on lodgment and filing 46
7.14 Evidence of service 47
7.15 Order for payment of expenses 47
Order 7A—Trans-Tasman proceedings 48
7A.01 Definitions 48
7A.02 Application of Order 49
7A.03 Commencement of proceeding for order under Trans-Tasman Proceedings Act 49
7A.04 Interlocutory application under Trans‑Tasman Proceedings Act 49
7A.05 Application for interim relief 49
7A.06 Application for leave to serve subpoena in New Zealand 50
7A.07 Form of subpoena 52
7A.08 Application to set aside subpoena 52
7A.09 Application for issue of certificate of non‑compliance with subpoena 52
7A.10 Form of certificate of non-compliance 53
7A.11 Application for registration of NZ judgment 53
7A.12 Notice of registration of NZ judgment 54
7A.13 Application for extension of time to give notice of registration of NZ judgment 54
7A.14 Application to set aside registration of NZ judgment 55
7A.15 Application for stay of enforcement of registered NZ judgment to enable liable person to appeal 55
7A.16 Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal 56
7A.17 Application for order for use of audio link or audiovisual link 56
Order 8—Appearance 57
8.01 Application 57
8.02 Appearance before taking step 57
8.03 Who to file appearance 57
8.04 Time for appearance 57
8.05 Mode of filing appearance 58
8.06 Address for service of defendant 58
8.07 Late appearance 59
8.08 Conditional appearance 60
8.09 Setting aside writ or originating motion 60
Order 9—Joinder of claims and parties 61
9.01 Joinder of claims 61
9.02 Permissive joinder of parties 61
9.03 Joinder of necessary parties 61
9.04 Joinder inconvenient 62
9.05 Effect of misjoinder or non-joinder of party 63
9.06 Addition, removal, substitution of party 63
9.07 Procedure for addition of party 64
9.08 Defendant dead at commencement of proceeding 64
9.09 Change of party on death, bankruptcy 67
9.10 Failure to proceed after death of party 68
9.11 Amendment of proceedings after change of party 69
9.12 Consolidation or trial together 70
9.13 Conduct of proceeding 70
Order 10—Counterclaim 71
10.01 Application of Order 71
10.02 When counterclaim allowed 71
10.03 Counterclaim against plaintiff and another person 71
10.04 Procedure after counterclaim against another person 71
10.05 Trial of counterclaim 73
10.06 Counterclaim inconvenient 73
10.07 Stay of claim 73
10.08 Counterclaim on stay etc., of original proceeding 73
10.09 Judgment for balance 74
Order 11—Third party procedure 75
11.01 Claim by third party notice 75
11.02 Statement of claim on third party notice 75
11.03 Time for appearance 75
11.04 Filing and service of third party notice 76
11.05 Time for third party notice 76
11.06 Leave to file third party notice 77
11.07 Other requirements for service 77
11.08 Appearance by third party 78
11.09 Defence of third party 78
11.10 Counterclaim by third party 79
11.11 Default by third party 79
11.12 Discovery and trial 80
11.13 Third party directions 81
11.14 Judgment between defendant and third party 82
11.15 Claim against another party 82
11.16 Fourth and subsequent parties 83
11.17 Counterclaim 84
Order 12—Interpleader 85
12.01 Definitions 85
12.02 Stakeholder's interpleader 85
12.03 Sheriff's interpleader 86
12.04 Sheriff's summons to state claim 86
12.05 Notice to execution creditor 87
12.06 Admission of claim 87
12.07 Interpleader summons 88
12.08 Powers of Court 88
12.09 Default by claimant 89
12.10 Neutrality of applicant 90
12.11 Order in several proceedings 90
12.12 Trial of interpleader question 91
Order 13—Pleadings 92
13.01 Formal requirements 92
13.02 Content of pleading 92
13.03 Document or conversation 93
13.04 Fact presumed true 93
13.05 Condition precedent 93
13.06 Implied contract or relation 93
13.07 Matter which must be pleaded 93
13.08 Subsequent fact 94
13.09 Inconsistent pleading 94
13.10 Particulars of pleading 95
13.11 Order for particulars 96
13.12 Admission and denials 96
13.13 Denial by joinder of issue 97
13.14 Money claim as defence 97
13.15 Counterclaim 98
Order 14—Service of pleadings 99
14.01 Statement of claim indorsed on writ 99
14.02 Statement of claim not indorsed on writ 99
14.03 Alteration of claim as indorsed on writ 99
14.04 Service of defence 99
14.05 Reply 100
14.06 Pleading after reply 100
14.07 Defence to counterclaim 100
14.08 Close of pleadings 100
14.09 Order as to pleadings 101
14.10 Filing of pleadings 101
Order 15—Persons under disability 102
15.01 Definition 102
15.02 Litigation guardian of person under disability 102
15.03 Appointment of litigation guardian 102
15.04 No appearance by person under disability 104
15.05 Application to discharge or vary certain orders 104
15.06 Pleading admission by person under disability 104
15.07 Discovery 105
15.08 Compromise of claim by a person under disability 105
15.09 Execution against money in court 106
15.10 Counterclaim and claim by third party notice 107
Order 16—Executors, administrators and trustees 108
16.01 Representation of unascertained persons 108
16.02 Beneficiaries 109
16.03 Deceased person 110
Order 17—Partners and sole proprietors 111
17.01 Partners 111
17.02 Disclosure of partners 111
17.03 Service of originating process 112
17.04 Appearance by partners 112
17.05 No appearance except by partners 113
17.06 Appearance under objection of person sued as partner 113
17.07 Enforcement of judgment 114
17.08 Enforcement between partners 115
17.09 Attachment of debts 115
17.10 Person using the business name 116
17.11 Charge on partner's interest 116
Order 18—Representative proceeding 118
18.01 Application 118
18.02 Proceeding by or against representative 118
18.03 Order for representation by defendant 118
18.04 Effect of judgment 118
Order 18A—Group proceeding 120
18A.01 Application 120
18A.02 Consent to be group member 120
18A.04 Opting out 120
18A.05 Order involving notice 120
Order 19—Notice of constitutional matter 121
19.01 Definitions 121
19.02 Notice 121
19.03 Filing and service 121
Order 20—Change of solicitor 123
20.01 Notice of change 123
20.02 Party appointing solicitor 123
20.03 Solicitor ceasing to act 123
20.04 Removal of solicitor from record 124
20.05 Address for service 125
20.06 Death, retirement etc., of Victorian Government Solicitor or Australian Government Solicitor 126
Order 21—Judgment in default of appearance or pleading 127
21.01 Default of appearance 127
21.02 Default of defence 127
21.03 Judgment for recovery of debt, damages or property 128
21.04 Judgment other than for recovery of debt, damages or property 130
21.05 Proceeding continued against other defendants 130
21.06 Default of defence to counterclaim 130
21.07 Setting aside judgment 130
Order 22—Summary judgment 131
Part 1—General 131
22.01 Scope of Order 131
22.02 Interpretation 131
Part 2—Application by plaintiff for summary judgment 131
22.03 Application by plaintiff for judgment 131
22.04 Summons and affidavit in support 131
22.05 Defendant to show cause 132
22.06 Affidavit in reply 133
22.07 Cross-examination on affidavit 133
22.08 Hearing of application 133
22.09 Assessment of damages 134
22.10 Judgment where debt amount unascertained 134
22.11 Directions 135
22.12 Continuing for other claim or against other defendant 135
22.13 Judgment for delivery up of chattel 136
22.14 Relief against forfeiture 136
22.15 Setting aside judgment 136
Part 3—Application by defendant for summary judgment 136
22.16 Application by defendant for judgment 136
22.17 Summons 136
22.18 Affidavit in support 136
22.19 Plaintiff to show cause 137
22.20 Affidavit in reply 137
22.21 Cross-examination on affidavit 138
22.22 Hearing of application 138
22.23 Setting aside judgment 139
Part 4—Application by or against third or subsequent party 139
22.24 Third or subsequent party 139
Order 23—Summary stay or dismissal of claim and striking out pleading 140
23.01 Stay or judgment in proceeding 140
23.02 Striking out pleading 140
23.04 Affidavit evidence 141
23.05 Declaratory judgment 141
Order 24—Judgment on failure to prosecute or obey order for particulars or discovery 142
24.01 Judgment on dismissal 142
24.02 Failure to obey order 142
24.03 Stay on non-payment of costs 143
24.04 Counterclaim and third party claim 143
24.05 Inherent jurisdiction 143
24.06 Setting aside judgment 143
Order 25—Discontinuance and withdrawal 145
25.01 Withdrawal of appearance 145
25.02 Discontinuance or withdrawal of proceeding or claim 145
25.03 Proceeding not commenced by writ 146
25.04 Notice of discontinuance or withdrawal 146
25.05 Costs 146
25.06 Discontinuance or withdrawal no defence 147
25.07 Stay on non-payment of costs 147
25.08 Dismissal of inactive proceedings 147
Order 26—Offers of compromise and offers to compromise on appeal 149
Part 1—Interpretation 149
26.01 Definitions 149
Part 2—Offers of compromise 149
26.02 Offers of compromise generally 149
26.03 Time for making, accepting etc. offer 150
26.03.1 Time for payment 151
26.04 Effect of offer 151
26.05 Disclosure of offer to Court 152
26.06 Party under disability 152
26.07 Withdrawal of acceptance 152
26.07.1 Failure to comply with accepted offer 153
26.07.2 Multiple defendants 153
26.08 Costs consequences of failure to accept 154
26.08.1 Pre-litigation offers 156
26.10 Contributor parties 157
26.11 Transitional 158
Part 3—Offer to compromise on appeal 158
26.12 Appeal to Court of Appeal 158
Order 27—Content and form of Court documents 161
27.01 Conformity with Rules 161
27.02 Heading and title of document 161
27.03 Form of document 162
27.04 Numbers 164
27.05 Copies on request 164
27.07 Scandalous matter 164
Order 28—Filing, sealing and inspection of documents 165
Part 1—Filing 165
28.00 Application of this Order 165
28.01 Definitions 165
28.02 How and when a document is filed 166
28.03 Powers of Prothonotary or Registrar 166
28.03.1 Powers of Prothonotary in relation to usernames and passwords 168
28.03.2 Authentication of judgments and orders 168
28.03.3 Confidentiality and privacy 169
Part 2—Sealing and inspection of Court documents 169
28.04 Seal of the Court 169
28.05 Inspection of documents 170
Order 29—Discovery and inspection of documents 172
29.01 Application and definition 172
29.01.1 Scope of discovery 172
29.02 Notice for discovery 173
29.03 Discovery after notice 174
29.04 Affidavit of documents 174
29.05 Order limiting discovery 175
29.05.1 Order for general discovery 175
29.05.2 Order for expanded discovery 175
29.06 Co-defendants and third party 175
29.07 Order for discovery 176
29.08 Order for particular discovery 176
29.09 Inspection of documents referred to in affidavit of documents 177
29.10 Inspection of documents referred to in pleadings and affidavits 178
29.11 Order for discovery 180
29.12 Direction as to documents 180
29.12.1 Default notice 181
29.13 Inspection of document by Court 182
29.14 Default on discovery 182
29.15 Continuing obligation to make discovery 182
29.16 Discovery after directions 183
Order 30—Interrogatories 184
30.01 Definitions 184
30.02 When interrogatories allowed 184
30.03 Statement as to who to answer 184
30.04 Filing interrogatories and time for answers 185
30.05 Source for answers to interrogatories 185
30.06 How interrogatories to be answered 187
30.07 Ground of objection to answer 187
30.08 Who to answer interrogatories 188
30.09 Failure to answer interrogatories 189
30.09.1 Default notice 189
30.10 Non-compliance with order 190
30.11 Answers as evidence 190
30.12 Interrogatories after directions 191
Order 31—Discovery by oral examination 192
31.01 Definitions 192
31.02 When available 192
31.03 Party a corporation 192
31.04 How consent given 193
31.05 Effect of consent 193
31.06 Appointment of examiner 193
31.07 Attendance on examination 194
31.08 Party a corporation 194
31.09 Powers of examiner 194
31.10 Record of examination 194
31.11 How party to be examined 195
31.12 Procedure on objection to question 196
31.13 Order to answer question 196
31.14 Costs 196
Order 32—Preliminary discovery and discovery from non-party 197
32.01 Definitions 197
32.02 Privilege 197
32.03 Discovery to identify a defendant 197
32.04 Party an applicant 198
32.05 Discovery from prospective defendant 198
32.06 Party an applicant 199
32.07 Discovery from non-party 199
32.08 Procedure 200
32.09 Inspection of documents 200
32.10 Directions as to documents 200
32.11 Costs 201
Order 33—Medical examination and service of hospital and medical reports 202
33.01 Application 202
33.02 Counterclaim 202
33.03 Definitions 202
33.04 Notice for examination 204
33.05 Expenses 204
33.06 Report of examination of plaintiff 205
33.07 Service of reports by plaintiff 205
33.08 Service of reports by defendant 206
33.08.1 Other medical reports to be served 207
33.09 Opinion on liability 207
33.10 Material for Court 208
33.11 Medical report admissible 208
33.12 No evidence unless disclosed in report 209
Order 34—Directions 210
34.01 Powers of Court 210
34.02 Nature of directions 210
34.03 Admissions and agreements 210
34.04 Duty to obtain directions 211
34.05 Associates may adjourn directions hearings 211
Order 35—Admissions 212
35.01 Definition 212
35.02 Voluntary admission of facts 212
35.03 Notice for admission of facts 212
35.04 Judgment on admissions 213
35.05 Notice for admission of documents 213
35.06 Cost of non-admission of fact or document 214
35.07 Restrictive effect of admission 214
35.08 Notice to produce documents 214
Order 36—Amendment 215
36.01 General 215
36.02 Failure to amend within time limited 216
36.03 Amendment of writ or other originating process before service and disallowance of amendment 216
36.04 Amendment of pleading and disallowance of amendment 217
36.05 How pleading amendment made 218
36.06 Pleading to an amended pleading 218
36.07 Amendment of judgment or order 219
Order 37—Inspection, detention and preservation of property 220
37.01 Inspection, detention etc. of property 220
37.02 Inspection from prospective defendant 221
37.03 Procedure 222
37.04 Disposal of perishable property 223
37.05 Payment into Court in discharge of lien 223
37.06 Interim distribution of property or income 223
37.07 Jurisdiction of Court not affected 224
Order 37A—Freezing orders 225
37A.01 Definitions 225
37A.02 Freezing order 225
37A.03 Ancillary order 226
37A.04 Respondent need not be party to proceeding 227
37A.05 Order against judgment debtor or prospective judgment debtor or third party 227
37A.06 Jurisdiction of Court not limited 229
37A.07 Service 229
37A.08 Costs 230
37A.09 Application to be heard by Judge of the Court 230
Order 37B—Search orders 231
37B.01 Definitions 231
37B.02 Search order 231
37B.03 Requirements for grant of search order 232
37B.04 Jurisdiction of Court not limited 234
37B.05 Terms of search order 234
37B.06 Independent solicitors 235
37B.07 Costs 235
37B.08 Service 236
37B.09 Application to be heard by Judge of the Court 236
Order 38—Injunctions 237
38.01 When Court may grant 237
38.02 Application before trial 237
38.03 Costs and expenses of non-party 237
38.04 Ouster of office 237
Order 39—Receivers 239
39.01 Application and definitions 239
39.02 Appointment of receiver 239
39.03 Service of order 239
39.04 Consent of receiver 239
39.05 Security by receiver 240
39.06 Remuneration of receiver 240
39.07 Receiver's accounts 240
39.08 Default by receiver 241
39.09 Directions to receivers 242
Order 40—Evidence generally 243
40.01 Definition 243
40.02 Evidence of witness 243
40.03 Contrary direction as to evidence 243
40.04 Examination on affidavit 244
40.05 Evidence of particular facts 244
40.06 Revocation or variation of order 245
40.07 Deposition as evidence 245
40.08 Proof of Court documents 246
40.09 Evidence of consent 246
40.10 Defamation 246
40.11 Subsequent use of evidence at trial 247
40.12 Attendance and production 247
40.13 View 248
Order 41—Evidence before trial 249
Part 1—Evidence by deposition 249
41.01 Order for witness examination 249
41.02 Documents for examiner 249
41.03 Appointment for examination 249
41.04 Conduct of examination 250
41.05 Examination of additional persons 250
41.06 Objection 251
41.07 Taking of depositions 252
41.08 Authentication and filing 252
41.08.1 Confidentiality of deposition 253
41.09 Report of examiner 253
41.10 Default of witness 253
41.11 Witness allowance 254
41.12 Perpetuation of testimony 254
41.13 Letter of request 254
41.14 Translation 255
41.15 Undertaking 256
41.16 Order for payment of expenses 256
Part 2—Applications for taking evidence abroad under Part 2 of the Foreign Evidence Act 1994 of the Commonwealth 257
41.17 Definition 257
41.18 Application 257
41.19 How application made 257
41.20 Directions 257
41.21 Notice of application 257
Order 42—Subpoenas 258
42.01 Definitions 258
42.02 Issuing of subpoena 258
42.03 Form of subpoena 259
42.03.1 Alteration of date for attendance or production 260
42.04 Setting aside or other relief 261
42.05 Service 261
42.06 Compliance with subpoena 261
42.07 Production otherwise than upon attendance 263
42.08 Removal, return, inspection, copying and disposal of documents and things 264
42.09 Inspection of, and dealing with, documents and things produced otherwise than on attendance 264
42.10 Disposal of documents and things produced 266
42.11 Costs and expenses of compliance 267
42.12 Failure to comply with subpoena—contempt of court 267
42.13 Documents and things in the custody of a court 268
Order 42A—Subpoena for production to Prothonotary 269
42A.01 Application 269
42A.02 Issuing subpoena 269
42A.03 Form of subpoena 269
42A.04 Affidavit of service 269
42A.05 Compliance with subpoena 270
42A.06 Receipt for document 271
42A.07 Objection by addressee or other person 271
42A.08 Objection by party to inspection by other party 271
42A.09 Procedure after objection 272
42A.10 Inspection of document produced 272
42A.11 Removal of document 272
42A.12 Return or disposal of document 273
42A.13 Production of document at trial 274
42A.14 Subpoena for trial not affected 275
Order 43—Affidavits 276
43.00 Definitions for this Order 276
43.01 Form of affidavit 276
43.02 Affidavit by illiterate or blind person 277
43.02.1 Affidavit where interpreter required 278
43.03 Content of affidavit 279
43.04 Affidavit by 2 or more deponents 279
43.05 Alterations 279
43.06 Exhibits 280
43.07 Time for swearing 281
43.08 Irregularity 281
43.09 Filing 281
Order 44—Expert evidence 282
44.01 Definitions 282
44.02 Application of Order 282
44.03 Report of expert 282
44.04 Other party's report as evidence 283
44.05 No evidence unless disclosed in report 283
44.06 Conference between experts 284
Order 44A—Interpreters 285
44A.01 Definitions 285
44A.02 When interpreters may be engaged 285
44A.03 Who may act as an interpreter 286
44A.04 Functions of interpreters 288
44A.05 Code of conduct 289
44A.06 Translated evidence 290
44A.07 Court may give directions concerning interpreters 291
Order 45—Originating motion 293
45.01 Application and definitions 293
45.02 Evidence by affidavit 293
45.03 Judgment where no appearance 293
45.04 Proceedings after appearance 294
45.05 Special procedure 294
Order 46—Applications 296
46.01 Application of this Order 296
46.02 Application by summons 296
46.03 Notice of application 296
46.04 Form of summons 296
46.05 Service 296
46.05.1 Day for hearing 297
46.06 Adjournment 297
46.07 Absence of party to summons 298
46.08 Setting aside 298
Order 47—Place and mode of trial 299
47.01 Place of trial 299
47.02 Mode of trial 299
47.03 Payment of jury fees 299
47.04 Separate trial of question 300
47.05 Judgment after determination of preliminary question 300
Order 48—Fixing a date for trial 302
48.01 Application 302
48.02 Fixing a date 302
48.03 Notice of trial 302
48.04 Default by plaintiff 302
48.04.1 Payment of setting down fees 303
48.05 Subsequent interlocutory steps 303
48.06 Vacating date for trial 304
48.07 Pre-trial conferences 304
Order 49—Trial 306
49.01 Order of evidence and addresses 306
49.02 Absence of party 307
49.03 Adjournment of trial 308
49.04 Death before judgment 308
Order 50—References 309
50.01 Reference to special referee 309
50.02 Directions as to procedure 309
50.03 Report on reference 310
50.04 Use of report 310
50.05 Committal 310
50.06 Remuneration of special referee 311
50.07 Reference to mediator 311
50.07.1 Mediation by Associate Judge 312
50.07.2 Mediation by Costs Registrars 313
50.07.3 Mediation by Prothonotary or Deputy Prothonotary 313
50.07.4 Mediation by judicial registrar 314
50.08 Reference to arbitration 314
Order 51—Assessment of damages or value 316
51.01 Mode of assessment 316
51.02 Notice to other party 316
51.03 Procedure on assessment 316
51.04 Order for damages 316
51.05 Default judgment against some defendants 316
51.06 Continuing cause of action 317
51.07 Value of goods 317
Order 52—Accounts and inquiries 318
52.01 Account or inquiry at any stage 318
52.02 Directions for account 318
52.03 Form and verification of account 319
52.04 Filing and service of account 319
52.05 Notice of charge, error in account 319
52.06 Allowances 319
52.07 Delay 319
52.08 Fund distribution before all entitled ascertained 320
52.09 Restrictive covenant 320
Order 53—Summary proceeding for recovery of land 321
53.01 Application of Order 321
53.02 Originating process 321
53.03 Who to be defendant 321
53.04 Affidavit in support 321
53.05 Service 322
53.06 Occupier made a party 322
53.07 Judgment for possession 323
53.08 Warrant of possession 323
Order 54—Administration of estates and execution of trusts 324
54.01 Definitions 324
54.02 Relief without general administration 324
54.03 Parties 325
54.04 Notice of proceeding and judgment 326
54.05 Relief in proceeding by originating motion 326
54.06 Judgment in administration proceeding 327
54.07 Conduct of sale 328
Order 55—Sale of land by order of Court 329
55.01 Definition 329
55.02 Power to order sale 329
55.03 Notice of application 329
55.04 Manner of sale 329
55.05 Certifying result of sale 330
55.06 Mortgage, exchange or partition 331
Order 56—Judicial review 332
56.01 Judgment or order instead of writ 332
56.02 Time for commencement of proceeding 334
56.03 Service of originating motion and of summons for directions 334
56.04 Appearance and summons for directions 334
56.05 Directions generally 335
56.06 Stay 335
Order 57—Habeas corpus 336
57.01 Definition 336
57.02 Application for writ 336
57.03 Order on application 337
57.04 Further application for writ 337
57.05 Service 338
57.06 Disobedience 338
57.07 Return to the writ 338
57.08 Person detained before Court 339
57.09 Other habeas corpus 339
57.10 Departing debtor 339
Order 58—Appeals from lower jurisdictions 340
Part 1—Appeals from the County Court 340
58.01 Procedure 340
Part 2—Appeals from an associate judge of the County Court 340
58.02 Appeal from associate judge of the County Court by leave 340
58.03 Application for leave 340
58.04 Hearing of appeal 341
58.05 Stay 342
Part 3—Appeals on a question of law 342
58.06 Application of Part 342
58.07 Commencement of appeal 343
58.08 Notice of appeal 343
58.09 Appellant to file affidavit 344
58.10 Directions 344
58.11 Leave to appeal 345
58.12 Stay 346
58.13 Expedition 346
58.14 Report 346
Part 4—Appeals under section 271 of, or clause 13 or 18 of Schedule 1 to, the Children, Youth and Families Act 2005 346
58.17 Application of Part 346
58.18 Institution of appeal 346
58.19 Affidavit in support 347
58.20 Hearing 347
58.21 Stay 347
Part 7—Appeals under Part 7 of the Coroners Act 2008 348
58.33 Definitions 348
58.34 Commencement of appeal 348
58.35 Notice of appeal 348
58.36 Appeal out of time taken to be application for leave to appeal 349
58.37 Appellant to file affidavit 349
58.38 Certain appeals do not require directions 350
58.39 Directions 350
58.40 Expedition 352
58.41 Report from Coroners Court 352
Order 59—Judgments and orders 353
59.01 General relief 353
59.02 Date of effect 353
59.03 Time for compliance 353
59.04 Statement of reasons for judgment 354
59.05 Notice of judgment to non-party 354
59.06 Consent judgment or order by filing 355
59.07 Consent to judgment or order by parties not in attendance 357
59.08 Powers of Prothonotary 358
Order 60—Authentication and filing of judgments and orders 360
60.01 When authentication required 360
60.02 Mode of authentication 360
60.03 Drawing up of judgment or order 361
60.05 Recitals in judgments and orders 361
60.08 Form of judgment or order 362
60.09 Interpretation 362
Order 61—Judgment debt instalment order 363
61.01 Definitions 363
61.02 Application under section 6 or 8 363
61.03 Instalment agreement under section 7 365
61.04 Summons for oral examination of judgment debtor 366
61.05 Notice of instalment order confirmed, varied or cancelled 367
61.06 Order for imprisonment 367
61.07 Certificate of payment 367
61.08 Notices 367
Order 62—Security for costs 369
62.01 Definitions 369
62.02 When security for costs may be ordered 369
62.03 Manner of giving security 370
62.04 Failure to give security 370
62.05 Variation or setting aside 370
Order 63—Costs 371
Part 1—Preliminary 371
63.01 Definitions and application 371
63.01.1 Taxing of costs in proceedings in County Court, Magistrates' Court and VCAT 373
63.02 General powers of Court 373
63.03 Time for costs order and payment 373
63.04 Costs of question or part of proceeding 374
63.05 By whom costs to be taxed 374
63.06 Officers of Court to assist each other 374
63.07 Taxed or other costs provision 375
63.08 Default judgment 375
63.09 Costs in other court or tribunal 376
63.10 No order for taxation required 376
63.11 Enforcement of order of Costs Court 377
63.12 Costs in account 377
Part 2—Entitlement to costs 377
63.13 Order for payment 377
63.14 Extension or abridgement of time 378
63.15 Discontinuance or withdrawal 378
63.16 Offer of compromise 378
63.16.1 Failure to make discovery or answer interrogatories 378
63.17 Amendment 378
63.18 Non-admission of fact or document 378
63.19 Interlocutory injunction 379
63.20 Interlocutory application 379
63.20.1 Taxation of costs on interlocutory application or hearing 379
63.21 Inquiry as to ownership of property 379
63.22 Costs reserved 380
63.23 Costs liability of lawyer 380
63.26 Trustee or mortgagee 381
Part 3—Costs of party in a proceeding 382
63.27 Application 382
63.28 Bases of taxation 382
63.30 Standard basis 382
63.30.1 Indemnity basis 382
63.31 Usual basis of taxation 383
63.34 Costs allowable 383
Part 3A—Costs for pro bono representation 384
63.34.1 Definitions for this Part 384
63.34.2 Orders for legal costs 385
63.34.3 Taxation or assessment and recovery of legal costs 385
Part 4—Costs Court 386
63.35 Powers of Costs Court 386
63.36 Costs of taxation 386
Part 5—Procedure on taxation 387
63.37 Application 387
63.38 Summons for taxation 387
63.39 Filing of bill 388
63.40 Service of bill 388
63.41 Defendant not appearing 389
63.42 Content of bill of costs 389
63.42.1 Goods and Services Tax 392
63.43 Disbursement or fee not paid 392
63.44 Charge of legal practitioner for work done out of Victoria 393
63.45 Amendment of bill 393
63.46 Agreement as to part of bill 393
63.47 Objection to bill 393
63.49 Taxation where no objection 394
63.50 Attendance of parties 394
63.51 Reference to Judge of the Court 395
63.52 Notice to person interested in fund 395
63.53 Application by person liable to pay 395
63.54 Solicitor at fault 396
63.55 Cross costs 397
63.56 Order on taxation 397
Part 6—Costs of a solicitor 398
63.58 Application 398
63.59 Basis of taxation of costs payable by client 399
63.60 Taxation between solicitor and client 399
63.61 Basis of taxation of costs payable otherwise than by client 399
63.63 Procedure on taxation 400
63.65 Reference for taxation 400
63.66 Inclusion in bill of disbursement not made 400
63.67 Failure to serve bill or tax 401
Part 7—Allowances on taxation generally 402
63.68 Application 402
63.70 Unreasonable and careless work 402
63.71 Gross sum for costs 402
63.75 Service of several documents 403
63.76 Defendants with same solicitor 403
63.77 Procuring evidence 403
63.78 Negotiations 404
63.80 Retainer of counsel 404
63.83 Premature brief 404
Part 8—Alternative assessment procedure 404
63.86 Application of this Part 404
63.87 Notice of estimate and filing of bill 405
63.88 Estimate 405
63.89 Withdrawal of objection 406
63.89.1 Costs of taxation—alternative assessment procedure 406
Part 9—Review, reconsideration and appeal 407
63.90 Interpretation 407
63.91 Review under section 17H of the Act of costs registrar's determination 407
63.92 Costs Judge may exercise powers under Rule 63.91 411
63.93 Reconsideration of judicial registrar's determination 412
63.94 Review under section 17HA of the Act of judicial registrar's determination 414
63.95 Reconsideration of determinations of Costs Judge 419
63.96 Appeals to the Trial Division 421
63.97 Appeal to be brought by notice of appeal 423
63.98 Time for notice of appeal 423
63.99 Contents of notice of appeal 424
63.100 Leave to appeal 425
63.101 Evidence and grounds in appeals against taxation 425
63.102 Nature of appeal 426
63.103 Powers of the Trial Division 426
63.104 Stay 427
63.105 Cross-appeal 427
63.106 Notice of contention 428
Order 64—Appeals and applications to the Court of Appeal 429
64.01 Definitions 429
64.02 Commencement of appeal by filing notice of appeal 430
64.03 Applications, including for leave to appeal 430
64.04 Contents of application for leave to appeal or notice of appeal 431
64.05 Time for filing application for leave to appeal or notice of appeal 433
64.06 Service of applications, notices of appeal and related documents 434
64.07 Time for service of application, including for leave to appeal, or notice of appeal 436
64.08 Extension of time to file or serve application, including for leave to appeal, or notice of appeal 436
64.09 Service on non-party 438
64.10 Application for leave to intervene 439
64.11 Documents to be filed and served in response to application, including for leave to appeal, or appeal 440
64.12 Amendment of application for leave to appeal or notice of appeal or written case 442
64.13 Further evidence in application for leave to appeal or appeal 443
64.14 Determination of applications 444
64.15 Procedure for determination of application by single Judge of Appeal 444
64.16 Procedure for determination of application when referred to Court of Appeal constituted by 2 or more Judges of Appeal 446
64.17 Finality of dismissal of application for leave to appeal after oral hearing 446
64.18 Application to set aside or vary dismissal of application for leave to appeal 446
64.19 Application for leave to appeal may be treated as appeal 448
64.20 No notice of appeal or other initiating or responding documents required if leave to appeal granted 448
64.21 Management of applications and appeals 449
64.22 Settling contents of application book and appeal book 449
64.23 Costs of compliance with directions 450
64.24 Notes for guidance 450
64.25 Provision of leave application book and appeal book 451
64.26 Costs of leave application book and appeal book 452
64.27 Referral of applications to Court of Appeal 452
64.28 Registrar may vacate hearing date or refer for dismissal 453
64.29 Discontinuance of application or appeal 454
64.30 Cross-appeal 455
64.31 Cross-application for leave to appeal 456
64.32 Notice of contention 457
64.33 Notice of objection to competency of appeal or application 458
64.34 Effect of cross-application for leave to appeal, cross‑appeal and notice of contention 459
64.35 Time 459
64.36 Powers of the Court of Appeal 459
64.37 New trial 461
64.38 Costs 462
64.39 Stay of execution 464
64.40 Jurisdiction and powers exercisable by a single Judge of Appeal 464
64.41 Jurisdiction and powers exercisable by 2 Judges of Appeal 464
64.42 Powers of and directions given by Associate Judges and Registrar 465
64.43 Further powers of Registrar 467
64.44 Exercise of powers and functions of the Court of Appeal by Associate Judge or Registrar 468
64.45 Application or appeal taken to be abandoned 469
64.46 Dismissal for want of prosecution or non-compliance 470
64.47 Expedition 471
Order 65 472
Order 66—Enforcement of judgments and orders 473
66.01 Definitions 473
66.02 Payment of money 473
66.03 Possession of land 474
66.04 Delivery of goods 474
66.05 Doing or abstaining from doing any act 475
66.06 Attendance of natural person 476
66.07 Attendance of corporation 477
66.08 Attendance before another court etc. 477
66.09 Contempt 477
66.10 Service before committal or sequestration 478
66.11 Substituted performance 479
66.12 Enforcement by or against non-party 480
66.13 Non-performance of condition 480
66.14 Matters occurring after judgment 480
66.15 Order in aid of enforcement 480
66.16 Stay of execution 481
Order 67—Discovery in aid of enforcement 482
67.01 Definitions 482
67.02 Order for examination or production 482
67.03 Corporation 483
67.04 Procedure 483
67.05 Conduct money 483
67.06 Record of examination 483
Order 68—Warrants of execution generally 484
68.01 Definitions 484
68.02 Leave to issue warrant 484
68.03 Separate execution for costs 485
68.04 Issue of warrant of execution 486
68.05 Duration 487
68.06 Costs of prior execution 488
68.07 Provision for enforcing payment of money 488
68.08 Form of warrant of execution 488
Order 69—Warrant of seizure and sale 489
69.01 Definitions 489
69.02 New enforcement process 489
69.03 Two or more warrants 489
69.04 Order of sale 489
69.05 Time, place and mode of sale 490
69.06 Advertisement of sale 490
69.07 Notional possession of goods 492
Order 70—Warrant of possession 493
70.01 Payment of money 493
70.02 Removal of goods on warrant of possession 493
Order 71—Attachment of debts 494
71.01 Definitions and application 494
71.02 What debts attachable 495
71.03 Bank account 495
71.04 Filing and service of garnishee summons 496
71.05 Evidence on application for garnishee summons 496
71.06 Garnishee summons 497
71.07 Service of summons 498
71.08 What debts attached, when and to what extent 498
71.09 Payment to judgment creditor 499
71.10 Dispute of liability by garnishee 500
71.11 Claim by other person 500
71.12 Discharge of garnishee 500
71.13 Money in court 501
71.14 Costs 501
Order 72—Attachment of earnings 502
72.01 Definitions 502
72.02 Application for attachment of earnings order 504
72.03 Making of order 505
72.04 Attendance of or information about judgment debtor 505
72.05 Contents of order 507
72.06 Service of order 509
72.07 Employer to make payments 510
72.08 Attachment of earnings in place of other orders 511
72.09 Execution after attachment of earnings 511
72.10 Discharge or variation of order 511
72.11 Cessation of attachment of earnings order 512
72.12 Two or more orders in force 512
72.13 When varied order taken to be made 513
72.14 Notice to judgment debtor of payments 513
72.15 Determination of earnings 513
72.16 Service 514
Order 73—Charging orders and stop orders and notices 515
73.01 Definitions 515
73.02 Order charging securities 516
73.03 Filing and service of charging summons 516
73.04 Evidence on application for charging summons 516
73.05 Charging summons 517
73.06 Service of summons 517
73.07 Effect of service of summons 518
73.08 Order on summons hearing 518
73.09 Effect and enforcement of charge 519
73.10 Variation or discharge of order 519
73.11 Order charging funds in court 519
73.12 Stop order for funds in court 519
73.13 Stop notice on corporation stock not in court 520
73.14 Effect of stop notice 521
73.15 Withdrawal or discharge of stop notice 522
73.16 Prohibition of transfer of or payment on stock 522
Order 74—Enforcement by appointment of receiver 523
74.01 Procedure 523
74.02 Appointment of receiver by way of equitable execution 523
Order 75—Contempt 524
Part 1—Interpretation 524
75.01 Definition 524
Part 2—Summary proceedings for contempt 524
75.02 Contempt in face of the Court 524
75.03 Procedure on hearing of charge 525
75.04 Custody pending disposal of charge 525
Part 3—Other procedure for contempt 525
75.05 Application 525
75.06 Procedure 526
75.07 Application by Prothonotary 526
75.08 Arrest of respondent 527
75.08.1 Arrest pending contempt hearing 527
Part 4—Committal and costs 529
75.10 Application 529
75.11 Punishment for contempt 529
75.12 Discharge 529
75.13 Warrant for committal 529
75.14 Costs 529
Order 76—Sequestration 530
76.01 Definitions 530
76.02 Enforcement by sequestration 530
76.03 Order for sequestration 530
76.04 Application 531
Order 77—Authority of Associate Judges 532
77.01 Authority 532
77.02 Limitation on authority 534
77.03 Associate Judge to hear application 535
77.04 Reference by Associate Judge to Judge of the Court 536
77.05 Reference by Judge of the Court to Associate Judge 537
77.06 Appeal to Trial Division constituted by Judge of the Court 537
77.06.1 Bringing an appeal 538
77.06.2 Time for filing of notice of appeal or application for leave to appeal 538
77.06.3 Contents of notice of appeal 539
77.06.4 Service of notice of appeal 539
77.06.6 Stay 540
77.06.7 Cross-appeal 540
77.06.8 Notice of contention 541
77.06.9 Powers of Judge of the Court hearing appeal 542
77.07 Appeal to the Court of Appeal 543
77.08 Associate Judge may act for another 544
Order 78—Proceedings under judgment 545
78.01 Definition 545
78.02 Directions in judgment 545
78.03 Claims 546
78.04 Interest on debts 547
78.05 Interest on legacies 548
78.06 Account or inquiry by Associate Judge 548
78.07 Associate Judge's order 549
78.08 Appeal from Associate Judge 549
Order 79—Funds in Court 550
Part 1—Interpretation 550
79.01 Definitions 550
Part 2—General 550
79.02 Application of money 550
79.03 Money in court for person under disability 551
79.04 Payment into court for person under disability 551
79.05 Certificate of receipt 552
79.06 Delay 552
Part 3—Common funds 553
79.07 Investments in name of Senior Master 553
79.08 Investments on separate account 553
79.09 Interest 554
Part 4—Proceeding in another court 554
79.10 Proceeding in another court 554
Part 5—Authority of the judicial registrar 555
79.11 References to Senior Master include other Associate Judges 555
79.12 Authority 555
79.13 Reference by Senior Master to the judicial registrar 556
79.14 Powers 556
79.15 Reference by the judicial registrar to Senior Master 556
79.16 Appeals 557
Order 80—Service under the Hague Convention 559
Part 1—Preliminary 559
80.01 Definitions 559
80.02 Provisions of this Order to prevail 562
Part 2—Service abroad of local judicial documents 562
80.03 Application of Part 562
80.04 Application for request for service abroad 562
80.05 How application to be dealt with 564
80.06 Procedure on receipt of certificate of service 565
80.07 Payment of costs 567
80.08 Evidence of service 567
Part 3—Default judgment following service abroad of initiating process 568
80.09 Application of Part 568
80.10 Restriction on power to enter default judgment if certificate of service filed 568
80.11 Restriction on power to enter default judgment if certificate of service not filed 569
80.12 Setting aside judgment in default of appearance 570
Part 4—Local service of foreign judicial documents 571
80.13 Application of Part 571
80.14 Certain documents to be referred back to the Attorney-General's Department of the Commonwealth 572
80.15 Service 573
80.16 Affidavit as to service 574
Order 81—Obtaining evidence for external court or tribunal 576
81.01 Procedure 576
81.02 Examiner 576
81.03 Conduct of examination 577
81.04 Attendance of non-party 577
81.05 Deposition and exhibits 577
81.06 Certificate 578
Order 82—Procedure under the Open Courts Act 2013 579
82.01 Definitions 579
82.02 Notice of application for suppression order 579
Order 83—Procedure under the Vexatious Proceedings Act 2014 580
Part 1—Preliminary 580
83.01 Definitions 580
Part 2—Applications generally 580
83.02 Applications for litigation restraint orders by person requiring leave 580
83.03 Applications by Attorney-General for litigation restraint orders 582
Part 3—Own motion procedure 582
83.04 Application of this Part 582
83.05 Application by Prothonotary for litigation order—own motion of Court 583
83.06 Costs 584
Part 4—Applications where litigation orders are in force 584
83.07 Application for leave to proceed under limited litigation restraint order 584
83.08 Application for leave to proceed under extended litigation restraint order 584
83.09 Application for leave to proceed under general litigation restraint order 585
83.10 Notice of application for leave to proceed 585
83.11 Application for leave to apply for variation or revocation of litigation restraint order 585
83.12 Application to vary or revoke litigation restraint order 585
83.13 Notice of application to vary or revoke litigation restraint order 586
83.14 Power of Prothonotary under Rule 28.03 not limited 586
Part 5—Appeals on a question of law under Part 10 of the Vexatious Proceedings Act 586
83.15 Application for leave to appeal under Part 10 of Vexatious Proceedings Act 586
83.16 Notice of application for leave to appeal 588
Order 84—Authority of judicial registrars 589
84.01 Interpretation 589
84.02 Authority of judicial registrars 589
84.03 Reference by Judge of the Court to judicial registrar 590
84.04 Reference by Associate Judge to judicial registrar 591
84.05 Appeal from determination by a judicial registrar 592
84.06 Filing of notice of appeal 593
84.07 Contents of notice of appeal 594
84.08 Service of notice of appeal 594
84.09 Extension of time 595
84.10 Evidence 595
84.11 Appeal incompetent 596
84.12 Appeal does not operate as stay 596
84.13 Judicial registrar may act for another 596
Order 85—Procedure under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 602
85.01 Definitions 602
85.02 Nomination of proper defendant 602
85.03 Amendment, filing and service of originating process and statement of claim 602
85.04 Application for order that associated trust be proper defendant 603
Appendix A—Supreme Court Scale of Costs 604
Form 4A—Overarching obligations certification 608
Form 4AB—Certification of prior overarching obligations certification 609
Form 4B—Proper basis certification 610
Form 5A—Writ 611
Form 5B—Originating motion between parties 614
Form 5C—Originating motion between parties 616
Form 5D—Originating motion 617
Form 5E—Originating motion for recovery of land under Order 53 618
Form 5G—Originating motion for judicial review 622
Form 7AAA—Service out of Australia— Notice to defendant served out of Australia 625
Form 7A—Letter of request for service of document 626
Form 7AA—Subpoena to give evidence (New Zealand) 627
Form 7AB—Subpoena to produce documents (New Zealand) 633
Form 7AC—Subpoena to give evidence and produce documents (New Zealand) 642
Form 7AD—Certificate of non-compliance with subpoena (New Zealand) 651
Form 8A—Notice of appearance 653
Form 8B—Notice of conditional appearance 654
Form 10A—Heading and notice on counterclaim where defendant new party 655
Form 10B—Notice of appearance to counterclaim 657
Form 11A—Third party notice 658
Form 11B—Notice by one tortfeasor claiming contribution against another 661
Form 12A—Notice of claim to goods taken in execution 662
Form 15A—Order approving compromise of claim of minor 663
Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor 665
Form 18AA—Notice of consent to be a group member 667
Form 18AB—Notice of opting out by group member 668
Form 19A—Notice of a constitutional matter 669
Form 29A—Notice for discovery 670
Form 29B—Affidavit of documents 671
Form 29C—Notice to produce 673
Form 29D—Notice of default in making discovery of documents 674
Form 30A—Notice of default in answering interrogatories 675
Form 35A—Notice to admit 676
Form 35B—Notice of dispute 677
Form 37AA—Freezing order 678
Form 37BA—Search order 686
Form 39A—Deed of guarantee 698
Form 41A—Order for examination within Victoria 699
Form 41B—Order for examination out of Victoria 700
Form 41C—Order for letter of request to judicial authority out of Victoria 701
Form 41D—Letter of request for examination of witness 702
Form 42A—Subpoena to attend to give evidence 704
Form 42B—Subpoena to produce 707
Form 42C—Subpoena both to attend to give evidence and to produce 712
Form 42AA—Subpoena for production to Prothonotary 717
Form 43A—Certificate identifying exhibit or exhibits 723
Form 44A—Expert witness code of conduct 724
Form 44AA—Court interpreters' code of conduct 727
Form 45A—Summons on originating motion—proceedings after appearance 730
Form 45B—Summons on originating motion—special procedure 731
Form 46A—Summons 732
Form 48A—Notice of trial 733
Form 48B—Notice of trial 734
Form 53A—Judgment in summary proceeding for recovery of land 735
Form 53B—Warrant of possession in summary proceeding for recovery of land 736
Form 57A—Writ of habeas corpus 737
Form 58A—Notice of appeal 738
Form 59A—Notice of judgment 740
Form 60A—General form of judgment given 741
Form 60B—General form of judgment entered 742
Form 60C—General form of order 743
Form 60D—Judgment at trial without a jury 744
Form 60E—Judgment at trial by Judge with a jury 745
Form 60F—Judgment or Order at trial of preliminary question 746
Form 60G—Default judgment for debt 747
Form 60H—Default judgment for recovery of land 748
Form 60J—Interlocutory or interlocutory and final judgment for damages in default 749
Form 60K—Final judgment for damages or value in default 750
Form 60L—Interlocutory or interlocutory and final judgment for detention of goods in default 751
Form 61A—Application for order for payment of judgment debt by instalments 752
Form 61B—Application for order in substitution for order for payment of judgment debt by instalments 753
Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments 755
Form 61D—Order relating to payment of judgment debt by instalments 757
Form 61E—Notice of order or refusal of order for payment of judgment debt by instalments 758
Form 61F—Notice of objection 759
Form 61G—Notice of hearing of objection 760
Form 61H—Notice by Court relating to payment of judgment debt by instalments 761
Form 61J—Instalment agreement 763
Form 61K—Order for instalment payment of judgment debt after agreement 764
Form 61L—Notice of order for instalment payment of judgment debt after agreement 765
Form 61M—Summons to attend for oral examination 766
Form 61N—Warrant of apprehension on disobedience to summons 767
Form 61P—Notice to judgment creditor of summons or warrant to judgment debtor 768
Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order 769
Form 61R—Certificate of payment 770
Form 63A—Summons for taxation of costs 771
Form 64A—Application for leave to appeal/notice of appeal/cross-application for leave to appeal/notice of cross-appeal 772
Form 64B—Application other than for leave to appeal or to cross-appeal 775
Form 64C—List of persons served 777
Form 64D—Notice of opposition to application other than for leave to appeal 779
Form 64E—Notice of intention not to respond or contest 781
Form 64F—Application to have dismissal of application for leave set aside or varied 783
Form 64G—Notice of contention 785
Form 64H—Notice of objection to competency 787
Form 68A—Warrant of seizure and sale 789
Form 68B—Warrant of possession 791
Form 68C—Warrant of delivery 792
Form 69A—Advertisement of sale by the sheriff 794
Form 71A—Garnishee summons 795
Form 71B—Garnishee order 797
Form 71C—Garnishee order 798
Form 72A—Attachment of earning summons 799
Form 72B—Affidavit in support of application for attachment of earnings order 800
Form 72C—Judgment debtor's statement of financial situation 801
Form 72D—Summons for an order to attend for examination or furnish particulars 805
Form 72E—Affidavit in support of summons for an order to attend for examination or furnish particulars 806
Form 72F—Order that judgment debtor attend or give statement 807
Form 72G—Order that person indebted to or employer of judgment debtor give statement 808
Form 72H—Attachment of earnings order 809
Form 72J—Notice to employer 811
Form 72K—Notice by employer that judgment debtor is not in employer's employ 813
Form 72L—Notice of cessation of attachment of earnings order 814
Form 73A—Charging summons 815
Form 73B—Affidavit as to stock 817
Form 73C—Notice as to stock 818
Form 75A—Arrest warrant in summary proceedings for contempt in face of Supreme Court 819
Form 75B—Arrest warrant in contempt proceedings by summons or originating motion 820
Form 75BA—Arrest warrant pending contempt hearing 821
Form 75C—Committal warrant 822
Form 77A—Notice of address for service 823
Form 80A—Request for service abroad of judicial documents and certificate 824
Form 80B—Summary of the document to be served 826
Form 82A—Notice of application for suppression order 828
Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 829
Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order 831
Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order 833
Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order 835
Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order 837
Form 83F—Notice of application for leave to proceed 839
Form 83G—Application for leave to apply to vary or revoke litigation restraint order 840
Form 83H—Application to vary or revoke litigation restraint order 842
Form 83I—Notice of application to vary or revoke litigation restraint order 844
Form 83J—Application for leave to appeal on question of law 845
Form 83K—Notice of application for leave to appeal on a question of law 847
Form 84A—Notice of address for service 848
Form 85A—Nomination of proper defendant 849
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 003
Supreme Court (General Civil Procedure) Rules 2025
S.R. No. 85/2025
Version incorporating amendments as at
1 January 2026
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary 1
Part 1—Citation, commencement and revocation 1
1.01 Title and object 1
1.02 Authorising provisions 1
1.03 Commencement and revocation 1
Part 2—Application of Rules 2
1.04 Definitions 2
1.05 Application 2
1.06 Jurisdiction not affected 2
1.12 Order to review 3
Part 3—Interpretation 3
1.13 Definitions 3
Part 4—Miscellaneous 6
1.14 Exercise of power 6
1.14.1 Exercise of powers of Registrar by Associate Judge 7
1.15 Procedure wanting or in doubt 7
1.16 Act by corporation 8
1.17 Corporation a party 8
1.18 Power to act by solicitor 8
1.19 Continuation of address for service 9
Order 2—Non-compliance with the Rules 10
2.01 Effect of non-compliance 10
2.02 Originating process 10
2.03 Application to set aside for irregularity 10
2.04 Dispensing with compliance 11
Order 3—Time, sittings and Court office 12
3.01 Calculating time 12
3.02 Extension and abridgement 12
3.03 Fixing time 13
3.04 Process in vacation 13
3.05 Time for service 13
3.06 Proceedings after a year 13
3.07 Sittings and vacation 14
3.08 Office 14
3.09 Office hours 14
Order 4—Process in the Court 15
Part 1—General 15
4.01 How proceeding commenced 15
4.02 Interlocutory application 15
4.03 Names of parties 15
4.04 When writ required 16
4.05 When originating motion required 16
4.06 Optional commencement by originating motion 16
4.07 Continuance as writ of proceeding by originating motion 16
4.08 Urgent case 17
Part 2—Certifications requirements for proceedings 17
4.09 Overarching obligations certification 17
4.09.1 Certification of prior overarching obligations certification 18
4.10 Proper basis certification 18
Order 5—Content, filing and duration of originating process 19
5.01 Definitions 19
5.02 Form of originating process 19
5.03 Appearance 19
5.04 Indorsement of claim on writ 19
5.05 Indorsement of claim on motion 20
5.06 Indorsement as to capacity 20
5.07 Address of parties 20
5.08 Place and mode of trial 21
5.09 Stay on payment of costs 21
5.10 Petition 22
5.11 Filing of originating process 22
5.12 Duration and renewal of originating process 23
Order 6—Service 25
6.01 When personal service necessary 25
6.02 Personal service of originating process 25
6.03 How personal service effected 25
6.04 Service on particular defendants 25
6.05 Motor car death or bodily injury 26
6.06 Address for service 27
6.06.1 Solicitor changing address 27
6.06.2 Email address for service 28
6.06.3 Party changing email address for service 28
6.07 How ordinary service effected 28
6.08 Identity of person served 31
6.09 Acceptance of service by solicitor 32
6.10 Substituted service 32
6.11 Confirmation of informal service 34
6.12 Service by filing 34
6.13 Service on agent 34
6.14 Service under contract 35
6.15 Recovery of vacant land 35
6.16 Service of notice by the Court 36
6.17 Affidavit of service 36
Order 7—Service out of Australia 37
Part 1—Service out of Australia 37
7.01 Part does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings 37
7.02 When allowed without leave 37
7.03 When allowed with leave 42
7.04 Court's discretion whether to assume jurisdiction 42
7.05 Notice to person served out of Australia 43
7.06 Time for filing appearance 43
7.07 Leave to proceed where no appearance by person 44
7.08 Service of other documents out of Australia 44
7.09 Mode of service 44
Part 2—Service in foreign country 44
7.09.1 Application 44
7.10 Documents required 45
7.11 Translation 46
7.12 Request and undertaking 46
7.13 Procedure on lodgment and filing 46
7.14 Evidence of service 47
7.15 Order for payment of expenses 47
Order 7A—Trans-Tasman proceedings 48
7A.01 Definitions 48
7A.02 Application of Order 49
7A.03 Commencement of proceeding for order under Trans-Tasman Proceedings Act 49
7A.04 Interlocutory application under Trans‑Tasman Proceedings Act 49
7A.05 Application for interim relief 49
7A.06 Application for leave to serve subpoena in New Zealand 50
7A.07 Form of subpoena 52
7A.08 Application to set aside subpoena 52
7A.09 Application for issue of certificate of non‑compliance with subpoena 52
7A.10 Form of certificate of non-compliance 53
7A.11 Application for registration of NZ judgment 53
7A.12 Notice of registration of NZ judgment 54
7A.13 Application for extension of time to give notice of registration of NZ judgment 54
7A.14 Application to set aside registration of NZ judgment 55
7A.15 Application for stay of enforcement of registered NZ judgment to enable liable person to appeal 55
7A.16 Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal 56
7A.17 Application for order for use of audio link or audiovisual link 56
Order 8—Appearance 57
8.01 Application 57
8.02 Appearance before taking step 57
8.03 Who to file appearance 57
8.04 Time for appearance 57
8.05 Mode of filing appearance 58
8.06 Address for service of defendant 58
8.07 Late appearance 59
8.08 Conditional appearance 60
8.09 Setting aside writ or originating motion 60
Order 9—Joinder of claims and parties 61
9.01 Joinder of claims 61
9.02 Permissive joinder of parties 61
9.03 Joinder of necessary parties 61
9.04 Joinder inconvenient 62
9.05 Effect of misjoinder or non-joinder of party 63
9.06 Addition, removal, substitution of party 63
9.07 Procedure for addition of party 64
9.08 Defendant dead at commencement of proceeding 64
9.09 Change of party on death, bankruptcy 67
9.10 Failure to proceed after death of party 68
9.11 Amendment of proceedings after change of party 69
9.12 Consolidation or trial together 70
9.13 Conduct of proceeding 70
Order 10—Counterclaim 71
10.01 Application of Order 71
10.02 When counterclaim allowed 71
10.03 Counterclaim against plaintiff and another person 71
10.04 Procedure after counterclaim against another person 71
10.05 Trial of counterclaim 73
10.06 Counterclaim inconvenient 73
10.07 Stay of claim 73
10.08 Counterclaim on stay etc., of original proceeding 73
10.09 Judgment for balance 74
Order 11—Third party procedure 75
11.01 Claim by third party notice 75
11.02 Statement of claim on third party notice 75
11.03 Time for appearance 75
11.04 Filing and service of third party notice 76
11.05 Time for third party notice 76
11.06 Leave to file third party notice 77
11.07 Other requirements for service 77
11.08 Appearance by third party 78
11.09 Defence of third party 78
11.10 Counterclaim by third party 79
11.11 Default by third party 79
11.12 Discovery and trial 80
11.13 Third party directions 81
11.14 Judgment between defendant and third party 82
11.15 Claim against another party 82
11.16 Fourth and subsequent parties 83
11.17 Counterclaim 84
Order 12—Interpleader 85
12.01 Definitions 85
12.02 Stakeholder's interpleader 85
12.03 Sheriff's interpleader 86
12.04 Sheriff's summons to state claim 86
12.05 Notice to execution creditor 87
12.06 Admission of claim 87
12.07 Interpleader summons 88
12.08 Powers of Court 88
12.09 Default by claimant 89
12.10 Neutrality of applicant 90
12.11 Order in several proceedings 90
12.12 Trial of interpleader question 91
Order 13—Pleadings 92
13.01 Formal requirements 92
13.02 Content of pleading 92
13.03 Document or conversation 93
13.04 Fact presumed true 93
13.05 Condition precedent 93
13.06 Implied contract or relation 93
13.07 Matter which must be pleaded 93
13.08 Subsequent fact 94
13.09 Inconsistent pleading 94
13.10 Particulars of pleading 95
13.11 Order for particulars 96
13.12 Admission and denials 96
13.13 Denial by joinder of issue 97
13.14 Money claim as defence 97
13.15 Counterclaim 98
Order 14—Service of pleadings 99
14.01 Statement of claim indorsed on writ 99
14.02 Statement of claim not indorsed on writ 99
14.03 Alteration of claim as indorsed on writ 99
14.04 Service of defence 99
14.05 Reply 100
14.06 Pleading after reply 100
14.07 Defence to counterclaim 100
14.08 Close of pleadings 100
14.09 Order as to pleadings 101
14.10 Filing of pleadings 101
Order 15—Persons under disability 102
15.01 Definition 102
15.02 Litigation guardian of person under disability 102
15.03 Appointment of litigation guardian 102
15.04 No appearance by person under disability 104
15.05 Application to discharge or vary certain orders 104
15.06 Pleading admission by person under disability 104
15.07 Discovery 105
15.08 Compromise of claim by a person under disability 105
15.09 Execution against money in court 106
15.10 Counterclaim and claim by third party notice 107
Order 16—Executors, administrators and trustees 108
16.01 Representation of unascertained persons 108
16.02 Beneficiaries 109
16.03 Deceased person 110
Order 17—Partners and sole proprietors 111
17.01 Partners 111
17.02 Disclosure of partners 111
17.03 Service of originating process 112
17.04 Appearance by partners 112
17.05 No appearance except by partners 113
17.06 Appearance under objection of person sued as partner 113
17.07 Enforcement of judgment 114
17.08 Enforcement between partners 115
17.09 Attachment of debts 115
17.10 Person using the business name 116
17.11 Charge on partner's interest 116
Order 18—Representative proceeding 118
18.01 Application 118
18.02 Proceeding by or against representative 118
18.03 Order for representation by defendant 118
18.04 Effect of judgment 118
Order 18A—Group proceeding 120
18A.01 Application 120
18A.02 Consent to be group member 120
18A.04 Opting out 120
18A.05 Order involving notice 120
Order 19—Notice of constitutional matter 121
19.01 Definitions 121
19.02 Notice 121
19.03 Filing and service 121
Order 20—Change of solicitor 123
20.01 Notice of change 123
20.02 Party appointing solicitor 123
20.03 Solicitor ceasing to act 123
20.04 Removal of solicitor from record 124
20.05 Address for service 125
20.06 Death, retirement etc., of Victorian Government Solicitor or Australian Government Solicitor 126
Order 21—Judgment in default of appearance or pleading 127
21.01 Default of appearance 127
21.02 Default of defence 127
21.03 Judgment for recovery of debt, damages or property 128
21.04 Judgment other than for recovery of debt, damages or property 130
21.05 Proceeding continued against other defendants 130
21.06 Default of defence to counterclaim 130
21.07 Setting aside judgment 130
Order 22—Summary judgment 131
Part 1—General 131
22.01 Scope of Order 131
22.02 Interpretation 131
Part 2—Application by plaintiff for summary judgment 131
22.03 Application by plaintiff for judgment 131
22.04 Summons and affidavit in support 131
22.05 Defendant to show cause 132
22.06 Affidavit in reply 133
22.07 Cross-examination on affidavit 133
22.08 Hearing of application 133
22.09 Assessment of damages 134
22.10 Judgment where debt amount unascertained 134
22.11 Directions 135
22.12 Continuing for other claim or against other defendant 135
22.13 Judgment for delivery up of chattel 136
22.14 Relief against forfeiture 136
22.15 Setting aside judgment 136
Part 3—Application by defendant for summary judgment 136
22.16 Application by defendant for judgment 136
22.17 Summons 136
22.18 Affidavit in support 136
22.19 Plaintiff to show cause 137
22.20 Affidavit in reply 137
22.21 Cross-examination on affidavit 138
22.22 Hearing of application 138
22.23 Setting aside judgment 139
Part 4—Application by or against third or subsequent party 139
22.24 Third or subsequent party 139
Order 23—Summary stay or dismissal of claim and striking out pleading 140
23.01 Stay or judgment in proceeding 140
23.02 Striking out pleading 140
23.04 Affidavit evidence 141
23.05 Declaratory judgment 141
Order 24—Judgment on failure to prosecute or obey order for particulars or discovery 142
24.01 Judgment on dismissal 142
24.02 Failure to obey order 142
24.03 Stay on non-payment of costs 143
24.04 Counterclaim and third party claim 143
24.05 Inherent jurisdiction 143
24.06 Setting aside judgment 143
Order 25—Discontinuance and withdrawal 145
25.01 Withdrawal of appearance 145
25.02 Discontinuance or withdrawal of proceeding or claim 145
25.03 Proceeding not commenced by writ 146
25.04 Notice of discontinuance or withdrawal 146
25.05 Costs 146
25.06 Discontinuance or withdrawal no defence 147
25.07 Stay on non-payment of costs 147
25.08 Dismissal of inactive proceedings 147
Order 26—Offers of compromise and offers to compromise on appeal 149
Part 1—Interpretation 149
26.01 Definitions 149
Part 2—Offers of compromise 149
26.02 Offers of compromise generally 149
26.03 Time for making, accepting etc. offer 150
26.03.1 Time for payment 151
26.04 Effect of offer 151
26.05 Disclosure of offer to Court 152
26.06 Party under disability 152
26.07 Withdrawal of acceptance 152
26.07.1 Failure to comply with accepted offer 153
26.07.2 Multiple defendants 153
26.08 Costs consequences of failure to accept 154
26.08.1 Pre-litigation offers 156
26.10 Contributor parties 157
26.11 Transitional 158
Part 3—Offer to compromise on appeal 158
26.12 Appeal to Court of Appeal 158
Order 27—Content and form of Court documents 161
27.01 Conformity with Rules 161
27.02 Heading and title of document 161
27.03 Form of document 162
27.04 Numbers 164
27.05 Copies on request 164
27.07 Scandalous matter 164
Order 28—Filing, sealing and inspection of documents 165
Part 1—Filing 165
28.00 Application of this Order 165
28.01 Definitions 165
28.02 How and when a document is filed 166
28.03 Powers of Prothonotary or Registrar 166
28.03.1 Powers of Prothonotary in relation to usernames and passwords 168
28.03.2 Authentication of judgments and orders 168
28.03.3 Confidentiality and privacy 169
Part 2—Sealing and inspection of Court documents 169
28.04 Seal of the Court 169
28.05 Inspection of documents 170
Order 29—Discovery and inspection of documents 172
29.01 Application and definition 172
29.01.1 Scope of discovery 172
29.02 Notice for discovery 173
29.03 Discovery after notice 174
29.04 Affidavit of documents 174
29.05 Order limiting discovery 175
29.05.1 Order for general discovery 175
29.05.2 Order for expanded discovery 175
29.06 Co-defendants and third party 175
29.07 Order for discovery 176
29.08 Order for particular discovery 176
29.09 Inspection of documents referred to in affidavit of documents 177
29.10 Inspection of documents referred to in pleadings and affidavits 178
29.11 Order for discovery 180
29.12 Direction as to documents 180
29.12.1 Default notice 181
29.13 Inspection of document by Court 182
29.14 Default on discovery 182
29.15 Continuing obligation to make discovery 182
29.16 Discovery after directions 183
Order 30—Interrogatories 184
30.01 Definitions 184
30.02 When interrogatories allowed 184
30.03 Statement as to who to answer 184
30.04 Filing interrogatories and time for answers 185
30.05 Source for answers to interrogatories 185
30.06 How interrogatories to be answered 187
30.07 Ground of objection to answer 187
30.08 Who to answer interrogatories 188
30.09 Failure to answer interrogatories 189
30.09.1 Default notice 189
30.10 Non-compliance with order 190
30.11 Answers as evidence 190
30.12 Interrogatories after directions 191
Order 31—Discovery by oral examination 192
31.01 Definitions 192
31.02 When available 192
31.03 Party a corporation 192
31.04 How consent given 193
31.05 Effect of consent 193
31.06 Appointment of examiner 193
31.07 Attendance on examination 194
31.08 Party a corporation 194
31.09 Powers of examiner 194
31.10 Record of examination 194
31.11 How party to be examined 195
31.12 Procedure on objection to
This is an opening excerpt, not the complete document.