County Court (Chapter I Service and Default Judgments Amendment) Rules 2023 (Vic)

County Court (Chapter I Service and Default Judgments Amendment) Rules 2023

S.R. No. 73/2023

table of provisions

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Principal Rules

Part 2—Service

5How ordinary service effected

Part 3—Default judgment

6Default of defence

7Default of defence to counterclaim

8New Form 21A inserted

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Endnotes

statutory rules 2023

S.R. No. 73/2023

County Court Act 1958

County Court (Chapter I Service and Default Judgments Amendment) Rules 2023

A majority of the Judges of the County Court makes the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapter I of the Rules of the County Court—

(a)to make further provision in relation to service by email; and

(b)to impose an additional requirement on a plaintiff who intends to enter or apply for judgment against a defendant who does not serve a defence within the time limited.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 1 August 2023.

4Principal Rules

In these Rules, the County Court Civil Procedure Rules 2018[1] are called the Principal Rules.

PART 2—SERVICE

5How ordinary service effected

(1)In Rule 6.07(2.2) of the Principal Rules, after "operative hyperlink" insert "(which must not expire before 120 days after the email is sent)".

(2)For Rule 6.07(2.4) of the Principal Rules substitute—

"(2.4)A document (including any affidavit) that is more than 10 megabytes may be sent—

(a)by multiple emails, none of which has more than 10 megabytes of attachments; or

(b)by operative hyperlink which must not expire before 120 days after the email is sent.".

PART 3—DEFAULT JUDGMENT

6Default of defence

(1)For Rule 21.02(1) of the Principal Rules substitute—

"(1)Where any defendant, being required to serve a defence, does not do so within the time limited, the plaintiff may serve on the defendant a notice in Form 21A informing the defendant that the plaintiff intends to enter or apply for judgment against the defendant.

(1A)If the defendant does not serve a defence within seven days of service of the notice under paragraph (1), the plaintiff may enter or apply for judgment against the defendant in accordance with this Order.".

(2)In Rule 21.02(2) of the Principal Rules, for "unless an affidavit proving the default is filed." substitute "unless the plaintiff files an affidavit proving—

(a)the defendant's failure to serve a defence within the time limited;

(b)the service on the defendant of the notice under paragraph (1); and

(c)the defendant's failure to serve a defence within seven days of service of that notice.".

(3)In Rule 21.02(3) of the Principal Rules, for "Paragraphs (1) and (2)" substitute "Paragraphs (1), (1A) and (2)".

7Default of defence to counterclaim

For Rule 21.06(c) of the Principal Rules substitute—

"(c)the plaintiff were the defendant—

and Form 21A applies with the corresponding modifications.".

8New Form 21A inserted

After Form 19A of the Principal Rules insert—

"Form 21A—Notice of intention to enter or apply for judgment in default of defence

Rule 21.02(1)

[heading as in originating process]

NOTICE OF INTENTION TO ENTER OR APPLY FOR JUDGMENT IN DEFAULT OF DEFENCE

To the defendant [name]

YOU have failed to serve a defence within the time limited by the Rules [or as directed by order of the Court on e.g. 20 June 20    ].

TAKE NOTICE that unless you serve a defence within 7 days of the day of service of this notice on you the plaintiff will enter or apply to the Court for default judgment against you.

Dated [insert date].

[Signed]".

Dated: 19 July 2023

PETER KIDD, Chief Judge	K L BOURKE
M. E. SEXTON, Deputy Chief Judge	P M E WISCHUSEN
FRANCES E. HOGAN	FRANK GUCCIARDO
S S DAVIS	MARK GAMBLE
J G MORRISH	MICHAEL H. TINNEY

G CANNON	S LEIGHFIELD
JOHN CARMODY	DAVID J. N. PURCELL
P COSGRAVE	F H TODD
SARA HINCHEY	MY ANH TRAN
A J CHAMBERS	J VANDERSTEEN
GREGORY LYON	JULIE CLAYTON
C R GWYNN	A ROBERTSON
D A TRAPNELL	M DEMPSEY
M G O'CONNELL	S BURCHELL
A M RYAN	P TIWANA
P J F HIGHAM	KATE HAWKINS
T E WRAIGHT	S BAYLES
MICHAEL CAHILL	K BLAIR
S. DAWES	NOLA KARAPANAGIOTIDIS
S. JOHNS	DANIEL P HOLDING
D A SEXTON	ANGELA ELLIS
MARTINE MARICH	ANDREW FRAATZ
ELIZABETH BRIMER	SIMON MOGLIA
G A GEORGIOU	GARY CLARK
A S PILLAY	CAITLIN ENGLISH
R E CARLIN	A M MAGEE
ANNE HASSAN	JOHN KELLY
KEVIN DOYLE	B A MYERS
JOHN CAIN	D MANOVA
F. L. DALZIEL	ROBYN L HARPER

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ENDNOTES

[1] Rule 4: S.R. No. 170/2018 as amended by S.R. Nos 29/2019, 69/2019, 106/2019, 142/2019, 16/2020, 27/2020, 28/2021, 158/2021, 99/2022 and 131/2022.