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Supreme Court (General Civil Procedure) Rules 2025
Part 9Review, reconsideration and appeal 407
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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
64.31 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
64.36 Powers of the Court of Appeal 459
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
Order 66—Enforcement of judgments and orders 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
66.10 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
67.02 Order for examination or production 482
67.06 Record of examination 483
Order 68—Warrants of execution generally 484
68.02 Leave to issue warrant 484
68.03 Separate execution for costs 485
68.04 Issue of warrant of execution 486
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
69.02 New enforcement process 489
69.03 Two or more warrants 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
71.04 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
Order 72—Attachment of earnings 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
Order 73—Charging orders and stop orders and notices 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
74.02 Appointment of receiver by way of equitable execution 523
Part 1—Interpretation 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
75.07 Application by Prothonotary 526
75.08 Arrest of respondent 527
75.08.1 Arrest pending contempt hearing 527
Part 4—Committal and costs 529
75.11 Punishment for contempt 529
75.13 Warrant for committal 529
Order 76—Sequestration 530
76.02 Enforcement by sequestration 530
76.03 Order for sequestration 530
Order 77—Authority of Associate Judges 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
77.06.8 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
78.02 Directions in judgment 545
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
79.02 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
79.07 Investments in name of Senior Master 553
79.08 Investments on separate account 553
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
79.13 Reference by Senior Master to the judicial registrar 556
79.15 Reference by the judicial registrar to Senior Master 556
Order 80—Service under the Hague Convention 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
80.16 Affidavit as to service 574
Order 81—Obtaining evidence for external court or tribunal 576
81.03 Conduct of examination 577
81.04 Attendance of non-party 577
81.05 Deposition and exhibits 577
Order 82—Procedure under the Open Courts Act 2013 579
82.02 Notice of application for suppression order 579
Order 83—Procedure under the Vexatious Proceedings Act 2014 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
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
84.02 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
84.11 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
85.02 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 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 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