County Court Civil Procedure Rules 2018 (Vic)

Version No. 019

County Court Civil Procedure Rules 2018

S.R. No. 170/2018

Version incorporating amendments as at

1 January 2025

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

Part 1—General

1.01Title and object

1.02Authorising provisions

1.03Commencement and revocations

Part 2—Application of Rules

1.05Application

1.06Jurisdiction not affected

Part 3—Interpretation

1.13Definitions

Part 4—Miscellaneous

1.14Exercise of power

1.15Procedure wanting or in doubt

1.16Act by corporation

1.17Corporation a party

1.18Power to act by solicitor

1.19Continuation of address for service

Order 2—Non-compliance with the Rules

2.01Effect of non-compliance

2.02Originating process

2.03Application to set aside for irregularity

2.04Dispensing with compliance

Order 3—Time, sittings and Court office

3.01Calculating time

3.02Extension and abridgement

3.03Fixing time

3.04Process in vacation

3.05Time for service

3.06Proceedings after a year

3.07Sittings and vacation

3.08Office

3.09Office hours

Order 4—Process in the Court

Part 1—General

4.01How proceeding commenced

4.02Interlocutory application

4.03Names of parties

4.04When writ required

4.05When originating motion required

4.06Optional commencement by originating motion

4.07Continuation as writ of proceeding by originating motion

4.08Urgent case

Part 2—Certification requirements for proceedings

4.09Overarching obligations certification

4.09.1Certification of prior overarching obligations certification

4.10Proper basis certification

4.12Making of certification

Order 5—Content, filing and duration of originating process

5.01Definition

5.02Form of originating process

5.03Appearance

5.04Indorsement of claim on writ

5.05Indorsement of claim on motion

5.06Indorsement as to capacity

5.07Address of parties

5.08Place and mode of trial

5.09Stay on payment of costs

5.11Filing of originating process

5.12Duration and renewal of originating process

Order 6—Service

6.01When personal service necessary

6.02Personal service of originating process

6.03How personal service effected

6.04Service on particular defendants

6.05Motor car or accidental death or bodily injury

6.06Address for service

6.06.1Solicitor changing address

6.06.2Email address for service

6.06.3Party changing email address for service

6.07How ordinary service effected

6.08Identity of person served

6.09Acceptance of service by solicitor

6.10Substituted service

6.11Confirmation of informal service

6.12Service by filing

6.13Service on agent

6.14Service under contract

6.15Recovery of vacant land

6.16Service of notice by the Court

6.17Affidavit of service

Order 7—Service out of Australia

Part 1—Service out of Australia

7.01Part does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings

7.02When allowed without leave

7.03When allowed with leave

7.04Court's discretion whether to assume jurisdiction

7.05Notice to person served out of Australia

7.06Time for filing appearance

7.07Leave to proceed where no appearance by person

7.08Service of other documents out of Australia

7.09Mode of service

Part 2—Service in foreign country

7.09.1Application

7.10Documents required

7.11Translation

7.12Request and undertaking

7.13Procedure on lodgment and filing

7.14Evidence of service

7.15Order for payment of expenses

Order 7A—Trans-Tasman proceedings

7A.01Definitions

7A.02Application of Order

7A.03Commencement of proceeding for order under Trans‑Tasman Proceedings Act

7A.04Interlocutory application under Trans‑Tasman Proceedings Act

7A.05Application for interim relief

7A.06Application for leave to serve subpoena in New Zealand

7A.07Form of subpoena

7A.08Application to set aside subpoena

7A.09Application for issue of certificate of non‑compliance with subpoena

7A.10Form of certificate of non-compliance

7A.11Application for registration of NZ judgment

7A.12Notice of registration of NZ judgment

7A.13Application for extension of time to give notice of registration of NZ judgment

7A.14Application to set aside registration of NZ judgment

7A.15Application for stay of enforcement of registered NZ judgment to enable liable person to appeal

7A.16Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal

7A.17Application for order for use of audio link or audiovisual link

Order 8—Appearance

8.01Application

8.02Appearance before taking step

8.03Who to file appearance

8.04Time for appearance

8.05Mode of filing appearance

8.06Address for service of defendant

8.07Late appearance

8.08Conditional appearance

8.09Setting aside writ or originating motion

Order 9—Joinder of claims and parties

9.01Joinder of claims

9.02Permissive joinder of parties

9.03Joinder of necessary parties

9.04Joinder inconvenient

9.05Effect of misjoinder or non-joinder of party

9.06Addition, removal, substitution of party

9.07Procedure for addition of party

9.08Defendant dead at commencement of proceeding

9.09Change of party on death, bankruptcy

9.10Failure to proceed after death of party

9.11Amendment of proceedings after change of party

9.12Consolidation or trial together

9.13Conduct of proceeding

Order 10—Counterclaim

10.01Application of Order

10.02When counterclaim allowed

10.03Counterclaim against plaintiff and another person

10.04Procedure after counterclaim against another person

10.05Trial of counterclaim

10.06Counterclaim inconvenient

10.07Stay of claim

10.08Counterclaim on stay etc. of original proceeding

10.09Judgment for balance

Order 11—Third party procedure

11.01Claim by third party notice

11.02Statement of claim on third party notice

11.03Time for appearance

11.04Filing and service of third party notice

11.05Time for third party notice

11.06Leave to file third party notice

11.07Other requirements for service

11.08Appearance by third party

11.09Defence of third party

11.10Counterclaim by third party

11.11Default by third party

11.12Discovery and trial

11.13Third party directions

11.14Judgment between defendant and third party

11.15Claim against another party

11.16Fourth and subsequent parties

11.17Counterclaim

Order 12—Interpleader

12.01Definitions

12.02Stakeholder's interpleader

12.03Sheriff's interpleader

12.04Sheriff's summons to state claim

12.05Notice to execution creditor

12.06Admission of claim

12.07Interpleader summons

12.08Powers of Court

12.09Default by claimant

12.10Neutrality of applicant

12.11Order in several proceedings

12.12Trial of interpleader question

Order 13—Pleadings

13.01Formal requirements

13.02Content of pleading

13.03Document or conversation

13.04Fact presumed true

13.05Condition precedent

13.06Implied contract or relation

13.07Matter which must be pleaded

13.08Subsequent fact

13.09Inconsistent pleading

13.10Particulars of pleading

13.11Order for particulars

13.12Admission and denials

13.13Denial by joinder of issue

13.14Money claim as defence

13.15Counterclaim

Order 14—Service of pleadings

14.01Statement of claim indorsed on writ

14.02Statement of claim not indorsed on writ

14.03Alteration of claim as indorsed on writ

14.04Service of defence

14.05Reply

14.06Pleading after reply

14.07Defence to counterclaim

14.08Close of pleadings

14.09Order as to pleadings

14.10Filing of pleadings

Order 15—Persons under disability

15.01Definitions

15.02Litigation guardian of person under disability

15.03Appointment of litigation guardian

15.04No appearance by person under disability

15.05Application to set aside or vary certain orders

15.06Pleading admission by person under disability

15.07Discovery

15.08Compromise of claim by a person under disability

15.09Execution against money in court

15.10Counterclaim and claim by third party notice

Order 16—Executors, administrators and trustees

16.01Representation of unascertained persons

16.02Beneficiaries

16.03Deceased person

Order 17—Partners and sole proprietors

17.01Partners

17.02Disclosure of partners

17.03Service of originating process

17.04Appearance by partners

17.05No appearance except by partners

17.06Appearance under objection of person sued as partner

17.07Enforcement of judgment

17.08Enforcement between partners

17.09Attachment of debts

17.10Person using the business name

17.11Charge on partner's interest

Order 18—Representative proceeding

18.01Application

18.02Proceeding by or against representative

18.03Order for representation by defendant

18.04Effect of judgment

Order 19—Notice of constitutional matter

19.01Definitions

19.02Notice

19.03Filing and service

Order 20—Change of solicitor

20.01Notice of change

20.02Party appointing solicitor

20.03Solicitor ceasing to act

20.04Removal of solicitor from record

20.05Address for service

20.06Death, retirement etc., of Victorian Government Solicitor or Australian Government Solicitor

Order 21—Judgment in default of appearance or pleading

21.01Default of appearance

21.02Default of defence

21.03Judgment for recovery of debt, damages or property

21.04Judgment other than for recovery for debt, damages or property

21.05Proceeding continued against other defendants

21.06Default of defence to counterclaim

21.07Setting aside judgment

Order 22—Summary judgment

Part 1—General

22.01Scope of Order

22.02Interpretation

Part 2—Application by plaintiff for summary judgment

22.03Application by plaintiff for judgment

22.04Summons and affidavit in support

22.05Defendant to show cause

22.06Affidavit in reply

22.07Cross-examination on affidavit

22.08Hearing of application

22.09Assessment of damages

22.10Judgment where debt amount unascertained

22.11Directions

22.12Continuing for other claim or against other defendant

22.13Judgment for delivery up of chattel

22.14Relief against forfeiture

22.15Setting aside judgment

Part 3—Application by defendant for summary judgment

22.16Application by defendant for judgment

22.17Summons

22.18Affidavit in support

22.19Plaintiff to show cause

22.20Affidavit in reply

22.21Cross-examination on affidavit

22.22Hearing of application

22.23Setting aside judgment

Part 4—Application by or against third or subsequent party

22.24Third or subsequent party

Order 23—Summary stay or dismissal of claim and striking out pleading

23.01Stay or judgment in proceeding

23.02Striking out pleading

23.04Affidavit evidence

23.05Declaratory judgment

Order 24—Judgment on failure to prosecute or obey order for particulars or discovery

24.01Judgment on dismissal

24.02Failure to obey order

24.03Stay on non-payment of costs

24.04Counterclaim and third party claim

24.05Inherent jurisdiction

24.06Setting aside judgment

Order 25—Discontinuance and withdrawal

25.01Withdrawal of appearance

25.02Discontinuance or withdrawal of proceeding or claim

25.03Proceeding not commenced by writ

25.04Notice of discontinuance or withdrawal

25.05Costs

25.06Discontinuance or withdrawal no defence

25.07Stay on non-payment of costs

Order 26—Offers of compromise

Part 1—Interpretation

26.01Definitions

Part 2—Offers of compromise

26.02Offers of compromise generally

26.03Time for making, accepting etc. offer

26.03.1Time for payment

26.04Effect of offer

26.05Disclosure of offer to Court

26.06Party under disability

26.07Withdrawal of acceptance

26.07.1Failure to comply with accepted offer

26.07.2Multiple defendants

26.08Costs consequences of failure to accept

26.08.1Pre-litigation offers

26.10Contributor parties

Order 27—Content and form of Court documents

27.01Conformity with Rules

27.02Heading of document

27.03Form of document

27.04Numbers

27.05Copies on request

27.06Registrar refusing to seal or accept document

27.07Scandalous matter

Order 28—Filing and sealing of Court documents

Part 1—General

28.01How document filed

28.02Proceedings commenced outside Melbourne

28.03Date of filing

28.04Seal of Court

28.04ARequirements for seal of the Court if electronic filing used

28.05Inspection of documents

28.06Production of Court document

Part 2—Electronic filing

28.08Application of Part

28.09Definitions

28.10Authorised provider may send request to file documents electronically

28.11Registrar may accept a document for filing

28.12Registrar may reject a document

28.15Production of original document

28.16Retention of original documents

Order 29—Discovery and inspection of documents

29.01Application and definition

29.01.1Scope of discovery

29.02Notice for discovery

29.03Discovery after notice

29.04Affidavit of documents

29.05Order limiting discovery

29.05.1Order for general discovery

29.05.2Order for expanded discovery

29.06Co-defendants and third party

29.07Order for discovery

29.08Order for particular discovery

29.09Inspection of documents referred to in affidavit of documents

29.10Inspection of documents referred to in pleadings and affidavits

29.11Order for discovery

29.12Direction as to documents

29.12.1Default notice

29.13Inspection of document by Court

29.14Default on discovery

29.15Continuing obligation to make discovery

Order 30—Interrogatories

30.01Definitions

30.02When interrogatories allowed

30.03Statement as to who to answer

30.04Filing interrogatories and time for answers

30.05Source for answers to interrogatories

30.06How interrogatories to be answered

30.07Ground of objection to answer

30.08Who to answer interrogatories

30.09Failure to answer interrogatories

30.09.1Default notice

30.10Non-compliance with order

30.11Answers as evidence

Order 31—Discovery by oral examination

31.01Definitions

31.02When available

31.03Party a corporation

31.04How consent given

31.05Effect of consent

31.06Appointment of examiner

31.07Attendance on examination

31.08Party a corporation

31.09Powers of examiner

31.10Record of examination

31.11How party to be examined

31.12Procedure on objection to question

31.13Order to answer question

31.14Costs

Order 32—Preliminary discovery and discovery from non‑party

32.01Definitions

32.02Privilege

32.03Discovery to identify a defendant

32.04Party an applicant

32.05Discovery from prospective defendant

32.06Party an applicant

32.07Discovery from non-party

32.08Procedure

32.09Inspection of documents

32.10Directions as to documents

32.11Costs

Order 33—Medical examination and service of hospital and medical reports

33.01Application

33.02Counterclaim

33.03Definitions

33.04Notice for examination

33.05Expenses

33.06Report of examination of plaintiff

33.07Service of reports by plaintiff

33.08Service of reports by defendant

33.08.1Other medical reports to be served

33.09Opinion on liability

33.10Material for Court

33.11Medical report admissible

33.12No evidence unless disclosed in report

Order 34—Directions

34.01Powers of Court

34.02Nature of directions

34.03Admissions and agreements

34.04Duty to obtain directions

Order 34A—Case management

Part 1—Court lists

34A.01Application of Part

34A.02Court Divisions

34A.03Common Law Division

34A.03.1Effect of certain proceedings being within Common Law Division

34A.04Lists of Common Law Division

34A.05Commercial Division

34A.06Lists of Commercial Division

34A.09Entry of proceeding in Division and List

34A.10Mode of entry in Division and List

34A.11Transfer from one Division or List to another

Part 2—List Judges

34A.13AApplication of this Part

34A.14Control of proceedings

Part 3—Dismissal of proceeding

34A.14AApplication of this Part

34A.15Dismissal of proceeding

34A.16Reinstatement

Part 4—Discovery by leave

34A.16AApplication of this Part

34A.17Discovery of documents and interrogatories

34A.17.1Discovery other than by affidavit

Part 5—Directions hearing

34A.17.2Application of this Part

34A.18Application of this Part

34A.19Directions

34A.19.1Expert reports

34A.20Admissions and agreements

34A.21Mediation or arbitration

34A.22Reference to special referee

34A.23Personal attendance of parties

34A.24Time for first directions hearing

34A.25Other directions hearing

Part 6—Setting down for trial

34A.25AApplication of this Part

34A.26No certificate of readiness

Part 7—Court book

34A.26AApplication of this Part

34A.27No trial without court book

34A.28Time for serving and filing court book

34A.29Failure to include document in court book

Part 8—Transitional provisions

34A.30County Court (Chapter I Miscellaneous Amendments) Rules 2021

Order 35—Admissions

35.01Definition

35.02Voluntary admission of facts

35.03Notice for admission of facts

35.04Judgment on admissions

35.05Notice for admission of documents

35.06Cost of non-admission of fact or document

35.07Restrictive effect of admission

35.08Notice to produce documents

Order 36—Amendment

36.01General

36.02Failure to amend within time limited

36.03Amendment of writ or other originating process before service and disallowance of amendment

36.04Amendment of pleading and disallowance of amendment

36.05How pleading amendment made

36.06Pleading to an amended pleading

36.07Amendment of judgment or order

Order 37—Inspection, detention and preservation of property

37.01Inspection, detention etc. of property

37.02Inspection from prospective defendant

37.03Procedure

37.04Disposal of perishable property

37.05Payment into Court in discharge of lien

37.06Interim distribution of property or income

37.07Jurisdiction of Court not affected

Order 37A—Freezing orders

37A.01Definitions

37A.02Freezing order

37A.03Ancillary order

37A.04Respondent need not be party to proceeding

37A.05Order against judgment debtor or prospective judgment debtor or third party

37A.06Jurisdiction of Court not limited

37A.07Service

37A.08Costs

37A.09Application to be heard by Judge

Order 37B—Search orders

37B.01Definitions

37B.02Search order

37B.03Requirements for grant of search order

37B.04Jurisdiction of Court not limited

37B.05Terms of search order

37B.06Independent solicitors

37B.07Costs

37B.08Service of search order etc.

37B.09Application to be heard by Judge

Order 38—Injunctions

38.01When Court may grant

38.02Application before trial

38.03Costs and expenses of non-party

Order 39—Receivers

39.01Application and definitions

39.02Appointment of receiver

39.03Service of order

39.04Consent of receiver

39.05Security by receiver

39.06Remuneration of receiver

39.07Receiver's accounts

39.08Default by receiver

39.09Directions to receivers

Order 40—Evidence generally

40.01Definition

40.02Evidence of witness

40.03Contrary direction as to evidence

40.04Examination on affidavit

40.05Evidence of particular facts

40.06Revocation or variation of order

40.07Deposition as evidence

40.08Proof of Court documents

40.09Evidence of consent

40.10Defamation

40.11Subsequent use of evidence at trial

40.12Attendance and production

40.13View

Order 41—Evidence by deposition

41.01Order for witness examination

41.02Documents for examiner

41.03Appointment for examination

41.04Conduct of examination

41.05Examination of additional persons

41.06Objection

41.07Taking of depositions

41.08Authentication and filing

41.08.1Confidentiality of deposition

41.09Report of examiner

41.10Default of witness

41.11Witness allowance

41.12Perpetuation of testimony

Order 41A—Application to use audio visual or audio link

41A.01Application of Order

41A.02Form of application

41A.03Filing

41A.04Service

41A.05Duty of applicant

41A.06Payment of costs

Order 41B—Application for leave in relation to confidential communication

41B.01Form of notice of application for leave

41B.02Service

41B.03Declaration by proposed recipient of subpoena

41B.04Disposal of documents produced by proposed recipient of subpoena

Order 42—Subpoenas

42.01Definitions

42.02Issuing of subpoena

42.03Form of subpoena

42.04Setting aside or other relief

42.05Service

42.06Compliance with subpoena

42.07Production by delivering or sending

42.08Removal, return, inspection, copying and disposal of documents and things

42.08AInspection of, and dealing with, documents produced in eCase

42.09Inspection of, and dealing with, documents and things produced by delivering or sending

42.10Disposal of documents and things produced

42.11Costs and expenses of compliance

42.12Failure to comply with subpoena—contempt of court

42.13Documents and things in the custody of a court

Order 42A—Subpoena for production to Registrar

42A.01Application

42A.02Issuing subpoena

42A.03Form of subpoena

42A.04Affidavit of service

42A.05Compliance with subpoena

42A.06Receipt for document or thing

42A.07Objection by addressee

42A.07AObjection by person having sufficient interest

42A.08Objection by party to inspection by other party

42A.09Procedure after objection

42A.10Inspection of document or thing produced

42A.11Removal of document or thing

42A.12Return or disposal of document or thing

42A.13Production of document or thing at trial

42A.14Subpoena for trial not affected

Order 43—Affidavits

43.00Definitions for this Order

43.01Form of affidavit

43.02Affidavit by illiterate or blind person

43.02.1Affidavit where interpreter required

43.03Content of affidavit

43.04Affidavit by two or more deponents

43.05Alterations

43.06Exhibits

43.07Time for swearing

43.08Irregularity

43.09Filing

Order 44—Expert evidence

Part 1—General

44.01Definitions

44.02Application

44.03Report of expert

44.04Other party's report as evidence

44.05No evidence unless disclosed in report

44.06Conference between experts

Part 2—Civil Procedure Act 2010

44.07Exemption from requirement that party seek direction of Court to adduce expert evidence

Order 44A—Interpreters

44A.01Definitions

44A.02When interpreters may be engaged

44A.03Who may act as an interpreter

44A.04Functions of interpreters

44A.05Code of Conduct

44A.06Translated evidence

44A.07Court may give directions concerning interpreters

Order 45—Originating motion

45.01Definitions

45.02Evidence by affidavit

45.03Judgment where no appearance

45.04Proceedings after appearance

45.05Special procedure

Order 46—Applications

46.01Application

46.02Application by summons

46.03Notice of application

46.04Form and filing of summons

46.05Service

46.05.1Day for hearing

46.06Adjournment

46.07Absence of party to summons

46.08Setting aside

Order 47—Place and mode of trial

47.01Place of trial

47.02Mode of trial

47.03Payment of jury fees

47.04Separate trial of question

47.05Judgment after determination of preliminary question

47.06Directions

Order 48

Order 49—Trial

49.01Order of evidence and addresses

49.02Absence of party

49.03Adjournment of trial

49.04Death before judgment

Order 50—References out of Court

50.01Reference to special referee

50.02Directions as to procedure

50.03Report on reference

50.04Use of report

50.05Committal

50.06Remuneration of special referee

50.07Reference to mediator

50.07.1Mediation by judicial registrar

50.07.2Mediation by Registrar

50.08Reference to arbitration

Order 51—Assessment of damages or value

51.01Mode of assessment

51.02Notice to other party

51.03Procedure on assessment

51.04Order for damages

51.05Default judgment against some defendants

51.06Continuing cause of action

51.07Value of goods

Order 52—Accounts and inquiries

52.01Account or inquiry at any stage

52.02Directions for account

52.03Form and verification of account

52.04Filing and service of account

52.05Notice of charge, error in account

52.06Allowances

52.07Delay

52.08Fund distribution before all entitled ascertained

52.09Restrictive covenant

Order 53—Summary proceeding for recovery of land

53.01Application of Order

53.02Originating process

53.03Who to be defendant

53.04Affidavit in support

53.05Service

53.06Occupier made a party

53.07Judgment for possession

53.08Warrant of possession

Order 54—Administration of estates and execution of trusts

54.01Definitions

54.02Relief without general administration

54.03Parties

54.04Notice of proceeding and judgment

54.05Relief in proceeding by originating motion

54.06Judgment in administration proceeding

54.07Conduct of sale

Order 55—Sale of land by order of Court

55.01Definition

55.02Power to order sale

55.03Notice of application

55.04Manner of sale

55.05Certifying result of sale

55.06Mortgage, exchange or partition

Order 56

Order 57

Order 58—Appeals from inferior jurisdictions

58.01Appeals from inferior courts

Order 59—Judgments and orders

59.01General relief

59.02Date of effect

59.03Time for compliance

59.04Statement of reasons for judgment

59.05Notice of judgment to non-party

59.06Consent judgment or order by filing

59.07Consent to judgment or order by parties not in attendance

Order 60

Order 60A—Authentication of judgments and orders

60A.01Definition

60A.02How judgment or order authenticated

60A.04Judge, associate judge, judicial registrar or Registrar to authenticate judgment given or order

60A.05Registrar to authenticate judgment entered or order of the Registrar

60A.06Form of judgment or order

60A.07Drawing up and lodging of judgment or order

60A.08Recitals in judgments and orders

60A.09Drawing up of judgment or order by Registrar

60A.10Copy of judgment or order

Order 61—Judgment debt instalment orders

61.01Definitions

61.02Application under section 6 or 8

61.03Instalment agreement under section 7

61.04Summons for oral examination of judgment debtor

61.05Notice of instalment order confirmed, varied or cancelled

61.06Order for imprisonment

61.07Certificate of payment

61.08Notices

Order 62—Security for costs

62.01Definitions

62.02When security for costs may be ordered

62.03Manner of giving security

62.04Failure to give security

62.05Variation or setting aside

Order 63

Order 63A—Costs

Part 1—Preliminary

63A.01Definitions and application

63A.02General powers of Court

63A.03Time for costs order and payment

63A.04Costs of question or part of proceeding

63A.05Costs to be taxed by Costs Court

63A.07Taxed or other costs provision

63A.08Default judgment

63A.09Costs in other court or tribunal

63A.10No order for taxation required

63A.11Enforcement of order of Costs Court

63A.12Costs in account

Part 2—Entitlement to costs

63A.13Order for payment

63A.14Extension or abridgment of time

63A.15Discontinuance or withdrawal

63A.16Offer of compromise

63A.16.1Failure to make discovery or answer interrogations

63A.16.2Proceeding or counterclaim dismissed

63A.17Amendment

63A.18Non-admission of fact or document

63A.19Interlocutory injunction

63A.20Interlocutory application

63A.20.1Taxation of costs on interlocutory application or hearing

63A.21Inquiry as to ownership of property

63A.21.1Costs in proceedings before Registrar or Costs Court

63A.22Costs reserved

63A.23Costs liability of lawyer

63A.24Money claim in wrong court

63A.25Other claim in wrong court

63A.26Trustee or mortgagee

Part 3—Costs of party in a proceeding

63A.27Application

63A.28Bases of taxation

63A.30Standard basis

63A.30.1Indemnity basis

63A.31Usual basis of taxation

63A.34Costs allowable

63A.34ACosts incurred in other Court before remittal or transfer to County Court

Part 3A—Costs for pro bono representation

63A.35.1Definitions for this Part

63A.35.2Orders for legal costs

63A.35.3Taxation or assessment and recovery of legal costs

Part 4

Part 5—Procedure on taxation

63A.37Application

63A.38Application to the Costs Court for taxation

63A.44Charge of legal practitioner for work done out of Victoria

63A.51Reference to Judge

Part 6—Costs of solicitor

63A.58Application

63A.59Basis of taxation of costs payable by client

63A.60Taxation between solicitor and client

63A.61Basis of taxation of costs payable otherwise than by client

63A.63Procedure on taxation

63A.65Reference for taxation

Part 8—Transitional provisions

63A.83Transitional provision

Order 64

Order 64A—Appeals to the Court of Appeal

64A.01Definitions

64A.02Application

64A.03Application for leave to appeal

64A.04Statements of evidence etc. to be submitted to trial judge

64A.05Judge's notes

Order 65

Order 66—Enforcement of judgments and orders

66.01Definitions

66.02Payment of money

66.03Possession of land

66.04Delivery of goods

66.05Doing or abstaining from doing any act

66.06Attendance of natural person

66.07Attendance of corporation

66.08Attendance before another court etc.

66.09Contempt

66.10Service before committal or sequestration

66.11Substituted performance

66.12Enforcement by or against non-party

66.13Non-performance of condition

66.14Matters occurring after judgment

66.15Order in aid of enforcement

66.16Stay of execution

Order 67—Discovery in aid of enforcement

67.01Definitions

67.02Order for examination or production

67.03Corporation

67.04Procedure

67.05Conduct money

67.06Record of examination

Order 68—Warrants of execution generally

68.01Definitions

68.02Leave to issue warrant

68.03Separate execution for costs

68.04Issue of warrant of execution

68.05Duration

68.06Costs of prior execution

68.07Provision for enforcing payment of money

68.08Form of warrant of execution

Order 69—Warrant of seizure and sale

69.01Definitions

69.03Two or more warrants

69.04Order of sale

69.05Time, place and mode of sale

69.06Advertisement of sale

69.07Notional possession of goods

Order 70—Warrant of possession

70.01Payment of money

70.02Removal of goods on warrant of possession

Order 71—Attachment of debts

71.01Definitions and application

71.02What debts attachable

71.03Bank account

71.04Filing and service of garnishee summons

71.05Evidence on application for garnishee summons

71.06Garnishee summons

71.07Service of summons

71.08What debts attached, when and to what extent

71.09Payment to judgment creditor

71.10Dispute of liability by garnishee

71.11Claim by other person

71.12Discharge of garnishee

71.13Money in court

71.14Costs

Order 72—Attachment of earnings

72.01Definitions

72.02Application for attachment of earnings order

72.03Making of order

72.04Attendance of or information about judgment debtor

72.05Contents of order

72.06Service of order

72.07Employer to make payments

72.08Attachment of earnings in place of other orders

72.09Execution after attachment of earnings

72.10Discharge or variation of order

72.11Cessation of attachment of earnings order

72.12Two or more orders in force

72.13When varied order taken to be made

72.14Notice to judgment debtor of payments

72.15Determination of earnings

72.16Service

Order 73—Charging orders and stop orders and notices

73.01Definitions

73.02Order charging securities

73.03Filing and service of charging summons

73.04Evidence on application for charging summons

73.05Charging summons

73.06Service of summons

73.07Effect of service of summons

73.08Order on summons hearing

73.09Effect and enforcement of charge

73.10Variation or discharge of order

73.11Order charging funds in court

73.12Stop order for funds in court

73.13Stop notice on corporation stock not in court

73.14Effect of stop notice

73.15Withdrawal or discharge of stop notice

73.16Prohibition of transfer of or payment on stock

Order 74—Enforcement by appointment of receiver

74.01Procedure

74.02Appointment of receiver by way of equitable execution

Order 75—Contempt

Part 1—Interpretation

75.01Definition

Part 2—Summary proceedings for contempt

75.02Contempt in face of the Court

75.03Procedure on hearing of charge

75.04Custody pending disposal of charge

Part 3—Other procedure for contempt

75.05Application

75.06Procedure

75.07Application by Registrar

75.08Arrest of respondent

75.08.1Arrest pending contempt hearing

Part 4—Committal and costs

75.10Application

75.11Punishment for contempt

75.12Discharge

75.13Warrant for committal

75.14Costs

Order 76—Sequestration

76.01Definitions

76.03Order for sequestration

76.04Application

Order 77

Order 77A—Authority of associate judges

77A.01Authority

77A.02Limitation upon authority

77A.03Reference by associate judge to Judge

Order 78—Proceedings under judgment

78.01Definition

78.02Directions in judgment

78.03Claims

78.04Interest on debts

78.05Interest on legacies

78.06Account or inquiry by associate judge or judicial registrar

78.07Order of associate judge or judicial registrar

Order 79—Funds in Court

Part 1—Interpretation

79.01Definition

Part 2—General

79.02Application of money

79.03Money in court for person under disability

79.04Payment into court for person under disability

79.05Certificate of receipt

79.06Delay

Part 3—Funds

79.10Proceeding in another court

Order 80—Service under the Hague Convention

Part 1—Preliminary

80.01Definitions

80.02Provisions of this Order to prevail

Part 2—Service abroad of local judicial documents

80.03Application of Part

80.04Application for request for service abroad

80.05How application to be dealt with

80.06Procedure on receipt of certificate of service

80.07Payment of costs

80.08Evidence of service

Part 3—Default judgment following service abroad of initiating process

80.09Application of Part

80.10Restriction on power to enter default judgment if certificate of service filed

80.11Restriction on power to enter default judgment if certificate of service not filed

80.12Setting aside judgment in default of appearance

Order 81

Order 82—Procedure under the Open Courts Act 2013

82.01Definitions

82.02Notice of application for suppression order

Order 83—Procedure under the Vexatious Proceedings Act 2014

83.01Definitions

83.02Application for leave to proceed under limited litigation restraint order

83.03Application for leave to proceed under extended litigation restraint order

83.04Application for leave to proceed under general litigation restraint order

83.05Notice of application for leave to proceed

83.06Application for leave to apply for variation or revocation of litigation restraint order

83.07Application to vary or revoke litigation restraint order

83.08Notice of application to vary or revoke litigation restraint order

Order 84—Powers of judicial registrars

84.01Interpretation

84.02Proceedings that may be dealt with by judicial registrars

84.03Review by Judge of judicial registrar determinations

84.04Judicial registrar may act for another

Form 4A—Overarching obligations certification

Form 4AB—Certification of prior overarching obligations certification

Form 4B—Proper basis certification

Form 5A—Writ

Form 5B—Originating motion between parties

Form 5C—Originating motion between parties

Form 5D—Originating motion

Form 5E—Originating motion for recovery of land under Order 53

Form 7AAA—Service out of Australia—notice to defendant served out of Australia

Form 7A—Letter of request for service of document

Form 7AA—Subpoena to give evidence (New Zealand)

Form 7AB—Subpoena to produce documents (New Zealand)

Form 7AC—Subpoena to give evidence and produce documents (New Zealand)

Form 7AD—Certificate of non-compliance with subpoena (New Zealand)

Form 8A—Notice of appearance

Form 8B—Notice of conditional appearance

Form 10A—Heading and notice of counterclaim where defendant new party

Form 10B—Notice of appearance to counterclaim

Form 11A—Third party notice

Form 11B—Person liable in respect of damage claiming contribution against another

Form 12A—Notice of claim to goods taken in execution

Form 15A—Order approving compromise of claim of minor

Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor

Form 19A—Notice of a constitutional matter

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

Form 28—Filing confirmation notice

Form 29A—Notice for discovery

Form 29B—Affidavit of documents

Form 29C—Notice to produce

Form 29D—Notice of default in making discovery of documents

Form 30A—Notice of default in answering interrogatories

Form 35A—Notice to admit

Form 35B—Notice of dispute

Form 37AA—Freezing order

Form 37BA—Search order

Form 39A—Deed of guarantee

Form 41A—Order for examination within Victoria

Form 41B—Order for examination out of Victoria

Form 41AA—Notice of application for audio visual link or audio link

Form 41BA—Notice of intention to apply for leave in relation to confidential communication

Form 41BB—Declaration by proposed recipient of the subpoena—physical production

Form 42A—Subpoena to attend to give evidence

Form 42B—Subpoena to produce

Form 42C—Subpoena both to attend to give evidence and to produce

Form 42AA—Subpoena for production to registrar

Form 43A—Certificate identifying exhibit or exhibits

Form 44A—Expert witness code of conduct

Form 44AA—Court interpreters' Code of Conduct

Form 45A—Summons on originating motion

Form 46A—Summons

Form 53A—Judgment in summary proceeding for recovery of land

Form 53B—Warrant of possession in summary proceeding for recovery of land

Form 59A—Notice of judgment

Form 60A—General form of judgment given

Form 60B—General form of judgment entered

Form 60C—General form of order

Form 60D—Judgment at trial by judge without a jury

Form 60E—Judgment at trial by judge with a jury

Form 60F—Judgment or order at trial of preliminary question

Form 60G—Default judgment for debt

Form 60H—Default judgment for recovery of land

Form 60J—Interlocutory or interlocutory and final judgment for damages or value in default

Form 60K—Final judgment for damages or value in default

Form 60L—Interlocutory or interlocutory and final judgment for detention of goods in default

Form 61A—Application to Registrar for order for payment of judgment debt by instalments

Form 61B—Application to Registrar for order in substitution for order for payment of judgment debt by instalments

Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments

Form 61D—Order relating to payment of judgment debt by instalments

Form 61E—Notice of order or refusal of order by Registrar for payment of judgment debt by instalments

Form 61F—Notice of objection

Form 61G—Notice of hearing of objection

Form 61H—Notice by Court relating to payment of judgment debt by instalments

Form 61J—Instalment agreement

Form 61K—Order for instalment payment of judgment debt after agreement

Form 61L—Notice of order for instalment payment of judgment debt after agreement

Form 61M—Summons to attend for oral examination

Form 61N—Warrant of apprehension on disobedience to summons

Form 61P—Notice to judgment creditor of summons or warrant to judgment debtor

Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order

Form 61R—Certificate of payment

Form 64AB—Application for copy of Judge's notes

Form 68A—Warrant of seizure and sale

Form 68B—Warrant of possession

Form 68C—Warrant of delivery

Form 69A—Advertisement of sale by the sheriff

Form 71A—Garnishee summons

Form 71B—Garnishee order

Form 71C—Garnishee order

Form 72A—Attachment of earnings summons

Form 72B—Affidavit in support of application for attachment of earnings orders

Form 72C—Judgment debtor's statement of financial situation

Form 72D—Summons for an order to attend for examination or furnish particulars

Form 72E—Affidavit support of summons for an order to attend for examination or furnish particulars

Form 72F—Order that judgment debtor attend or give statement

Form 72G—Order that person indebted to or employer of judgment debtor give statement

Form 72H—Attachment of earnings order

Form 72J—Notice to employer

Form 72K—Notice by employer that judgment debtor is not in employer's employ

Form 72L—Notice of cessation of attachment of earnings order

Form 73A—Charging summons

Form 73B—Affidavit as to stock

Form 73C—Notice as to stock

Form 75A—Arrest warrant in summary proceedings for contempt in face of County Court

Form 75B—Arrest warrant in contempt proceedings by summons or originating motion

Form 75BA—Arrest warrant pending contempt hearing

Form 75C—Committal warrant

Form 80A—Request for service abroad of judicial documents and certificate

Form 80B—Summary of the document to be served

Form 82A—Notice of application for suppression order

Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order

Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order

Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order

Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order

Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order

Form 83F—Notice of application for leave to proceed

Form 83G—Application for leave to apply to vary or revoke litigation restraint order

Form 83H—Application to vary or revoke litigation restraint order

Form 83I—Notice of application to vary or revoke litigation restraint order

Schedule 1—Circuit fees

Schedule 3—Revoked Statutory Rules

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 019

County Court Civil Procedure Rules 2018

S.R. No. 170/2018

Version incorporating amendments as at

1 January 2025

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

ORDER 1—PRELIMINARY

Part 1—General

1.01Title and object

(1)These Rules constitute Chapter I of the Rules of the County Court and are entitled the County Court Civil Procedure Rules 2018.

(2)The object of these Rules is to remake with amendments Chapter I of the Rules relating to procedure in civil proceedings in the County Court.

1.02Authorising provisions

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

1.03Commencement and revocations

(1)These Rules come into operation on

19 November 2018.

(2)The Rules set out in Schedule 3 are revoked.

(3)In the County Court Miscellaneous Rules 2009[1]—

(a)Order 18 is revoked;

(b)the following Forms are revoked—

(i)Form 2—18A;

(ii)Form 2—18B;

(iii)Form 2—18C;

(iv)Form 2—18D;

(v)Form 2—18E;

(vi)Form 2—18F;

(vii)Form 2—18G;

(viii)Form 2—18H;

(ix)Form 2—18I.

Part 2—Application of Rules

1.04*               *               *                *               *

1.05Application

(1)Subject to this Rule, these Rules apply to every civil proceeding commenced in the Court whenever commenced.

(2)These Rules do not apply to a civil proceeding to which Chapter II or III of the Rules of the County Court applies except as that Chapter provides.

Note

Rule 34A.03.1 deals further with the application of this Chapter of the Rules of the County Court, and other Chapters, to proceedings within the Common Law Division of the Court.

1.06Jurisdiction not affected

Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules.

1.07-1.12        *               *               *                *               *

Part 3—Interpretation

1.13Definitions

(1)In these Rules, unless the context or subject matter otherwise requires—

Act includes any Act passed by the Parliament of the Commonwealth;

associate judge means an associate judge of the County Court;

Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;

bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

bodily injury includes any impairment of physical or mental condition or disease;

CITEC Confirm means the authorised provider of civil electronic filing services as in operation in the Court from time to time;

Convention, other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;

Convention country, other than in Order 80, means a foreign country to which a Convention applies;

corporation means any body corporate, whether formed within or out of Victoria;

*                *                *                *                *

defendant includes respondent;

discoveryincludes discovery and inspection of documents and discovery by written interrogatories or oral examination and make discovery of documents means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;

eCase means the electronic system—

(a)that provides for—

(i)the lodging of documents produced in response to subpoenas;

(ii)the inspection of those documents;

(iii)the lodging of objections to the inspection of those documents; and

(iv)the lodging of objections to the production of documents in response to subpoenas; and

(b)that is in operation in the Court from time to time;

judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

officer, in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;

order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

originating process means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;

pleading includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;

proceedingmeans any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;

questionmeans any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;

sheriff includes—

(a)the sheriff employed under section 6 of the Sheriff Act 2009; and

(b)any person to whom a warrant referred to in these Rules is directed;

Supreme Court costs scale means Appendix A to Chapter I of the Rules of the Supreme Court, and for the purposes of that scale the circuit fees are set out in Schedule 1;

the Act means the County Court Act 1958.

(2)In these Rules, unless the context or subject matter otherwise requires—

(a)a reference to a Judge is a reference to the Court constituted by a Judge;

(b)a reference to an associate judge is a reference to the Court constituted by an associate judge;

(ba)a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;

(c)a reference to the Costs Court is a reference to—

(i)the Costs Court constituted by a Costs Judge; and

(ii)the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the Supreme Court Act 1986 or a Deputy Costs Registrar.

(3)If these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.

Part 4—Miscellaneous

1.14Exercise of power

(1)In exercising any power under these Rules the Court—

(a)shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined;

(b)may give any direction or impose any term or condition it thinks fit.

(2)The Court may exercise any power under these Rules of its own motion or on the application of a party or of any person who has a sufficient interest.

1.15Procedure wanting or in doubt

(1)Where the manner or form of the procedure—

(a)for commencing, or for taking any step in, a proceeding; or

(b)by which the jurisdiction, power or authority of the Court is exercisable—

is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions.

(2)An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.

(3)An application for directions with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.

1.16Act by corporation

Where the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.

1.17Corporation a party

(1)Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, shall not take any step in a proceeding save by a solicitor.

(2)If a corporation a party to a proceeding in the Court changes its name it shall—

(a)file written notice of the change of name in the Registrar's office; and

(b)serve a copy of that notice on all other parties to the proceeding.

(3)The notice shall—

(a)bear the title of the proceeding showing the name of the corporation before the change; and

(b)specify the new name of the corporation and the date on which the name was changed.

(4)After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".

1.18Power to act by solicitor

Unless the context or subject matter otherwise requires, any act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's solicitor.

1.19Continuation of address for service

Subject to these Rules, where in relation to a proceeding a party has an address for service under these Rules, that is the address for service of the party until the conclusion of the proceeding whether at first instance or on appeal.

ORDER 2—NON-COMPLIANCE WITH THE RULES

2.01Effect of non-compliance

(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document, judgment or order in the proceeding a nullity.

(2)Subject to Rules 2.02 and 2.03, where there has been a failure to comply with these Rules, the Court may—

(a)set aside the proceeding, either wholly or in part;

(b)set aside any step taken in the proceeding, or any document, judgment or order in the proceeding;

(c)exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.

2.02Originating process

The Court shall not wholly set aside any proceeding or the originating process by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process.

2.03Application to set aside for irregularity

The Court shall not set aside any proceeding or any step taken in any proceeding or any document, judgment or order in any proceeding on the ground of a failure to which Rule 2.01 applies on the application of any party unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.

2.04Dispensing with compliance

The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

ORDER 3—TIME, SITTINGS AND COURT OFFICE

3.01Calculating time

(1)Any period of time fixed by these Rules or by any judgment or order or by any document in any proceeding shall be calculated in accordance with this Rule.

(2)Where a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded.

(3)Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.

(4)Where a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded.

(5)Where the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open.

3.02Extension and abridgement

(1)The Court may extend or abridge any time fixed by these Rules or by any order fixing, extending or abridging time.

(2)The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.

(3)Any time fixed by these Rules or by any order fixing, extending or abridging time may be extended by consent without an order of the Court.

3.03Fixing time

Where no time is fixed by these Rules or by any judgment or order for doing any act in a proceeding, the Court may fix a time.

3.04Process in vacation

(1)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders.

(2)Where the Court makes an order under paragraph (1), the party on whose application the order was made shall serve a copy of the order—

(a)in the case of an order with respect to the time for appearance to originating process, with the originating process;

(b)in any other case, on every other party forthwith.

3.05Time for service

(1)In this Rule document does not include originating process.

(2)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time any document which is served after 4.00 p.m. or on any day the office of the Court is closed shall be taken to have been served on the next day the office is open.

3.06Proceedings after a year

Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give to every other party not less than one month's notice in writing of that party's desire.

3.07Sittings and vacation

The sittings and vacations of the Court shall be held at such times as the Chief Judge shall direct.

3.08Office

The office of the Court shall be open on every day of the year except Saturdays, Sundays, the Tuesday following Easter, and every day duly appointed as a general public holiday.

3.09Office hours

The hours of the office of the Court are from 9.00 a.m. to 4.00 p.m.

ORDER 4—PROCESS IN THE COURT

Part 1—General

4.01How proceeding commenced

Except where otherwise provided by or under any Act or these Rules, a proceeding in the Court shall be commenced by writ or by originating motion.

4.02Interlocutory application

Unless the Court otherwise orders and subject to any practice note applying to a proceeding in a specialist list, an interlocutory or other application in a proceeding made on notice to any person shall be by summons and, if not on notice, shall be made orally.

4.03Names of parties

(1)Except as provided by paragraph (2), a person who commences a proceeding shall be called a plaintiff and a person against whom a proceeding is commenced shall be called a defendant.

(2)A person who commences a proceeding under Rule 32.03, 32.05, 37.02 or 75.06(3) shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent.

(3)A person who appeals shall be called an appellant and any other party to the appeal shall be called a respondent.

(4)Where any appellant or respondent is a party, the appellant or respondent shall be so identified in any document in the proceeding in relation to the appeal by the expression "(Plaintiff)", "(Defendant)", "(Applicant)" or other description of party after the word "Appellant" or "Respondent" in the title of the document.

4.04When writ required

Except as provided by Rules 4.05 and 4.06, every proceeding shall be commenced by writ.

4.05When originating motion required

A proceeding shall be commenced by originating motion—

(a)where there is no defendant to the proceeding;

(b)where by or under any Act an application is authorised to be made to the Court; or

(c)where required by these Rules.

4.06Optional commencement by originating motion

A proceeding may be commenced by originating motion where—

(a)it is unlikely that there will be any substantial dispute of fact; and

(b)for that reason it is appropriate that there be no pleadings or discovery.

4.07Continuation as writ of proceeding by originating motion

(1)Where a proceeding in which there is a defendant is commenced by originating motion, but ought by or under any Act or these Rules to have been commenced by writ, or might in the opinion of the Court more conveniently continue as if commenced by writ—

(a)the Court may order that the proceeding continue as if it had been commenced by writ and may, in particular, order that any affidavits already filed in the proceeding shall stand in place of pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof or that pleadings be served between the parties, and that the parties have discovery of each other; and

(b)by virtue of that order, the proceeding shall be taken to have been duly commenced for all purposes on the day the originating motion was filed.

(2)Any reference in these Rules to a proceeding commenced by writ shall, unless the context otherwise requires, be taken to include a reference to a proceeding in respect of which an order has been made under paragraph (1).

4.08Urgent case

In an urgent case, on the application of a person who intends to commence a proceeding and upon that person's undertaking to commence the proceeding within such time as the Court directs, the Court may make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding.

Part 2—Certification requirements for proceedings

4.09Overarching obligations certification

For the purposes of section 41(2) of the Civil Procedure Act 2010 the overarching obligations certification shall be in Form 4A.

4.09.1   Certification of prior overarching obligations certification

(1)For the purposes of section 41(5)(a)(i) of the CivilProcedure Act 2010, the specified period is the period of two years prior to the date of the certification under section 41(5)(b) of that Act.

(2)For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act shall be in Form 4AB.

4.10Proper basis certification

(1)For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of judgments are exempt from the proper basis certification requirements under the Civil Procedure Act2010.

(2)For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification shall be in Form 4B.

4.11*               *               *                *               *

4.12Making of certification

A certification required by Part 4.1 of Chapter 4 of the Civil Procedure Act 2010 is to be bound into or attached to the relevant document to which the certification relates.

ORDER 5—CONTENT, FILING AND DURATION OF ORIGINATING PROCESS

5.01Definition

In this Order, originating process means writ, originating motion or other process by which a proceeding is commenced.

5.02Form of originating process

(1)A writ shall be in Form 5A.

(2)An originating motion shall be in Form 5B, 5C, 5D or 5E, whichever is appropriate.

5.03Appearance

(1)A writ and, unless there is no defendant, an originating motion shall be indorsed with a statement to the effect that if the defendant does not file an appearance within the time stated in the originating process, the plaintiff may obtain judgment against the defendant without further notice.

(2)Except as provided in paragraph (3), the time for appearance to be stated in the originating process shall be as provided by Rule 8.04.

(3)An originating motion under Order 53 which names a defendant shall state that the defendant may file an appearance on or before the day specified in the originating motion for application to the judge.

5.04Indorsement of claim on writ

(1)A writ shall contain an indorsement of claim.

(2)The indorsement of claim shall be—

(a)a statement of claim; or

(b)a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding.

(3)An indorsement of claim on a writ shall constitute a statement of claim if, but only if, it is headed "Statement of Claim".

5.05Indorsement of claim on motion

An originating motion shall specify the relief or remedy sought and the Act, if any, under which the claim is made and, where it includes any question to be answered, the question shall be stated.

5.06Indorsement as to capacity

Where a party sues or is sued in a representative capacity, the originating process shall be indorsed with a statement showing that capacity.

5.07Address of parties

(1)An originating process shall be indorsed with—

(a)the address of the plaintiff, and, where the plaintiff sues in person and that address is outside Victoria, also an address within Victoria for service in accordance with Rule 6.06;

(b)the address of any defendant;

(c)where the plaintiff sues by a solicitor, the name or firm and the business address within Victoria of the solicitor and also, if the solicitor is the agent of another, the name or firm and the business address of the principal; and

(d)an email address for service on the plaintiff.

(1.1)On the application of the plaintiff, the Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (1)(d).

(2)Where any originating process is indorsed with the name of a solicitor—

(a)the solicitor shall, on request in writing by a defendant declare in writing whether the originating process was filed by the solicitor; and

(b)if the solicitor declares in writing that the originating process was not filed by the solicitor, the Court may stay the proceeding.

5.08Place and mode of trial

(1)A writ shall be indorsed with a statement of the place and mode of trial desired.

(2)If the writ is not indorsed with a statement as to the place of trial, the plaintiff shall be taken to desire trial in Melbourne and, if the writ is not indorsed with a statement as to the mode of trial, the plaintiff shall be taken to desire trial without a jury.

(3)The plaintiff may indorse an originating motion with a statement of the place of trial desired and, if the originating motion is not so indorsed, the plaintiff shall be taken to desire trial in Melbourne.

5.09Stay on payment of costs

(1)Where in a proceeding commenced by writ the plaintiff claims a debt only, the writ shall be indorsed with—

(a)a statement of the amount of the debt and the amount claimed for costs; and

(b)a statement that the proceeding will come to an end if, within the time limited for filing an appearance, the defendant pays the amounts so claimed to the plaintiff or the plaintiff's solicitor.

(2)Where a writ is indorsed in accordance with paragraph (1), and the defendant pays the amounts claimed within the time limited for filing an appearance, then, except as provided by paragraph (3), the proceeding shall come to an end.

(3)The defendant may, notwithstanding the payment, have the costs taxed and, if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.

5.10*               *               *                *               *

5.11Filing of originating process

(1)A proceeding—

(a)shall be commenced by filing the originating process;

(b)is filed—

(i)when the Registrar or proper officer receives the originating process and seals and dates the same; or

(ii)if the originating process is sent to the Court electronically, when it is received by CITEC Confirm.

(2)The originating process filed shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person.

(3)Upon an originating process being filed or at any later time, the Registrar on the request of the plaintiff shall seal a sufficient number of copies of the originating process for service and proof of service.

(4)In a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, where it exceeds 25 pages, of the relevant parts shall be lodged with the Registrar at the time the originating motion is filed.

(5)If the Registrar's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be lodged in the Registrar's office on the day the office is next open—

(a)the Court may initial the originating process and such number of copies as are required for service or proof of service; and

(b)upon such initialling the originating process shall be taken to have been filed.

5.12Duration and renewal of originating process

(1)A writ or an originating motion shall be valid for service for one year after the day it is filed.

(2)Where a writ or an originating motion has not been served on a defendant, the Court may from time to time by order extend the period of validity for such period from the day of the order as the Court directs, being not more than one year from that day.

(3)An order may be made under paragraph (2) before or after expiry.

(4)The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard the Court shall adjourn the further hearing and direct the plaintiff to give notice to the defendant by summons or otherwise.

(5)Where an order is made under paragraph (2), the Registrar shall stamp any sealed copy originating process for service with the date of the order and the extended date of validity.

ORDER 6—SERVICE

6.01When personal service necessary

Any document required or permitted to be served in a proceeding may be served personally but, unless personal service is required by these Rules or by order, need not be served personally.

6.02Personal service of originating process

(1)Except where otherwise provided by or under any Act or these Rules, originating process shall be served personally on each defendant.

(2)Where a defendant to any originating process files an unconditional appearance, the originating process shall be taken to have been served on the defendant personally on the day on which the appearance is filed or on such earlier day as may be proved.

6.03How personal service effected

(1)Personal service of a document is effected by—

(a)leaving a copy of the document with the person to be served; or

(b)if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document.

(2)In the case of originating process—

(a)the copy for service shall be sealed in accordance with Rule 5.11; and

(b)if the originating process was filed electronically in accordance with Part 2 of Order 28, and a filing confirmation notice was produced in respect of it under Rule 28.11(1)(c)(ii), shall have attached to it a copy of the filing confirmation notice.

(3)To effect personal service it shall not be necessary to show the original document.

6.04Service on particular defendants

Personal service of a document may be effected by serving the document in accordance with Rule 6.03, in the case of—

(a)a corporation—

(i)on the mayor, chairman, president or other head officer of the corporation; or

(ii)on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation; or

(iii)if provision is made by or under any Act for service on a corporation by serving the document in accordance with that provision;

(b)a minor, on a parent or guardian of the minor and, if there is none, on the person with whom the minor resides or in whose care the minor is;

(c)a handicapped person as defined in Rule 15.01, on—

(i)the person who, in accordance with Rule 15.03(2), would be entitled to be litigation guardian in any proceeding to which the handicapped person was party; or

(ii)if there is no such person, the person with whom the handicapped person resides or in whose care the handicapped person is;

(d)the Crown in right of the Commonwealth or the Commonwealth—

(i)on the Attorney-General of the Commonwealth; or

(ii)on a person appointed by the Attorney‑General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth;

(e)the Crown in right of Victoria or the State of Victoria, on the Victorian Government Solicitor.

6.05Motor car or accidental death or bodily injury

(1)In any proceeding in which the plaintiff claims damages in respect of death or bodily injury caused by or arising out of the use of a motor car, originating process shall not be taken to have been served on the defendant unless a copy of the originating process is served on the defendant in accordance with these Rules and also on the Transport Accident Commission.

(2)In any proceeding in which the plaintiff claims damages in respect of death or bodily injury suffered on or after 1 September 1985 arising out of or in the course of employment, originating process shall not be taken to have been served on the defendant unless a copy of the originating process is served on the defendant in accordance with these Rules and also on the Victorian WorkCover Authority.

(3)If, in a proceeding to which paragraph (1) or (2) applies, a copy of the originating process has been duly served on the defendant but not on the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) the Court may, notwithstanding paragraph (1) or (2), order that the originating process be taken to have been served on the defendant.

6.06Address for service

(1)The address for service of a plaintiff shall be—

(a)where the plaintiff sues by a solicitor, the business address of that solicitor indorsed on the originating process or, where the solicitor acts by an agent, the business address of the agent;

(b)where the plaintiff sues in person, the plaintiff's address in Victoria indorsed on the originating process.

(2)The address for service of a defendant shall be as provided in Rule 8.06.

6.06.1   Solicitor changing address

(1)Where the business address of a solicitor or of the agent of a solicitor given in accordance with Rule 6.06 or 8.06 is changed, the solicitor shall forthwith file notice of the change and serve a copy of the notice on every party.

(2)Upon the filing and service of notice in accordance with paragraph (1) the address for service of the party for whom the solicitor acts shall be the new business address of the solicitor or, if the business address of the agent of the solicitor is changed, the new business address of the agent, stated in the notice.

(3)If a solicitor required under paragraph (1) to file and serve notice does not do so, a document not required to be served personally on the party for whom the solicitor acts may, until notice is filed and served, be served on the party either at—

(a)the address given in accordance with Rule 6.06; or

(b)the new business address of the solicitor or of the agent, as the case may be.

6.06.2   Email address for service

(1)Subject to Rule 5.07(1.1), the email address for service indorsed on the originating process shall be the email address for service of a plaintiff.

(2)The email address for service of a defendant shall be provided as in Rule 8.06.

6.06.3   Party changing email address for service

(1)If a party's email address for service is changed, the party shall forthwith file notice of the change and serve a copy of the notice on every other party.

(2)Upon the filing and service of a notice in accordance with paragraph (1), the email address for service of the party shall be the new email address stated in the notice.

6.07How ordinary service effected

(1)Where personal service of a document is not required, the document may be served—

(a)by leaving the document at the proper address of the person to be served on any day on which the Registrar's office is open;

(b)by posting the document to the person to be served at the person's proper address;

(c)where provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision;

*                *                *                *                *

(e)where the solicitor for a party has facilities for the reception by telephone transmission of a facsimile of a document, by telephone transmission of the document in accordance with paragraph (2.1); or

(f)by emailing the document to the person's email address in accordance with paragraph (2.2).

Note

The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including by facsimile transmission and email, in accordance with that Act.

(2)For the purpose of paragraph (1), the proper address of a person shall be the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address shall be—

(a)in the case of an individual, the individual's usual or last known place of residence or of business;

(b)in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm;

(c)in the case of a corporation, the registered or principal office of the corporation.

(2.1)A document that is served by telephone transmission shall include a cover page stating—

(a)the name, address and telephone number of the sender;

(b)the name of the solicitor to be served;

(c)the date and time of transmission;

(d)the total number of pages transmitted, including the cover page;

(e)the telephone number from which the document is transmitted;

(f)the name and telephone number of a person to contact in the event of any problem in transmission of the document;

(g)that the transmission is by way of service under paragraph (1)(e).

(2.2)For the purposes of paragraph (1)(f), but subject to paragraphs (2.3) and (2.4), a document may be served either by attaching it to an email sent to the person's email address for service or by providing, in an email sent to the person's email address for service, an operative hyperlink (which must not expire before 120 days after the email is sent) to the document, and in either case the email shall state—

Tel: [insert number]

Mobile No.: [insert number]

Email:

*delete whichever is inapplicable.

FORM 83A—APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

Rule 83.02

[heading as in originating process]

APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER

(Section 50 of the Vexatious Proceedings Act 2014)

I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.

In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to *make/*continue the following interlocutory application [specify];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date]

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83B—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 83.03

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

(Section 52(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].

In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83C—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 83.03

IN THE COUNTY COURT  20     No.

OF VICTORIA

AT

IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.

In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83D—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 83.04

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

(Section 54 of the Vexatious Proceedings Act 2014)

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].

In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83E—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 83.04

IN THE COUNTY COURT  20     No.

OF VICTORIA

AT

IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.

In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83F—NOTICE OF APPLICATION FOR LEAVE TO PROCEED

Rule 83.05

[heading as used in application for leave to proceed]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

(Section 60 of the Vexatious Proceedings Act 2014)

TO:

(a)the Attorney-General;

(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows:  [describe the relief sought in the application].

Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.

This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.

You are entitled to make submissions in relation to the application.

Date:

Any Questions?

If you have any questions, please contact the Registrar's Office at the County Court [insert address] Melbourne, Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

FORM 83G—APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.06

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that leave to apply should be given to *vary the order/*revoke the order on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks leave to apply for—

*1.variation of the order in the following manner [specify variation of order sought];

*1.revocation of the order;

2.[set out any other orders sought].

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83H—APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.07

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

*1.variation of the order in the following manner
[specify variation of order sought];

*1.revocation of the order;

2.[set out any other orders sought].

FILED [insert date].

This application was filed—

*(a)by the applicant in person.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83I—NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.08

[heading as used in application for leave to vary or revoke litigation restraint order]

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 67 of the Vexatious Proceedings Act 2014)

TO:

(a)the Attorney-General;

(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.

Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.

This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.

You are entitled to make submissions in relation to the application for *variation/*revocation.

Date:

Any Questions?

If you have any questions, please contact the Registrar's Office at the County Court [insert address] Melbourne, Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

SCHEDULE 1—CIRCUIT FEES

Rule 1.13(1)

Circuit town	Fee for first day	Further fee for each subsequent day
Bairnsdale	$747.00	$496.00
Ballarat	$472.00	$320.00
Bendigo	$563.00	$374.00
Geelong	$403.00	$255.00
Hamilton	$773.00	$516.00
Horsham	$773.00	$516.00
Mildura	$946.00	$628.00
Morwell	$570.00	$374.00
Sale	$670.00	$444.00
Shepparton	$649.00	$436.00
Wangaratta	$712.00	$469.00
Warrnambool	$747.00	$496.00
Wodonga	$773.00	$516.00

*                *                *                *                *

SCHEDULE 3—REVOKED STATUTORY RULES

Rule 1.03(2)

S.R. No	Title
148/2008	County Court Civil Procedure Rules 2008
7/2015	County Court (Chapter I Judicial Registrars Amendment) Rules 2015
34/2015	County Court (Chapter I Amendment No. 9) Rules 2015
129/2015	County Court (Chapter I Amendment No. 10) Rules 2015
162/2015	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2015
43/2016	County Court (Chapters I and II Miscellaneous Amendments) Rules 2016
144/2016	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2016
21/2017	County Court (Chapter I Amendment No. 11) Rules 2017
36/2017	County Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017
92/2017	County Court (Chapter I Email Service Amendment) Rules 2017
142/2017	County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2017
143/2017	County Court (Chapters I and III Miscellaneous Amendments) Rules 2017

Dated:   22 October 2018

P. B. KIDD, Chief Judge	M. E. DEAN
J. A. SMALLWOOD	J. F. CARMODY
S. M. COHEN	R. H. SMITH
M. E. SEXTON	M. F. MACNAMARA
F. E. HOGAN	W. E. STUART
I. E. LAWSON	D. G. BROOKES
E. M. GAYNOR	P. J. COSGRAVE
P. J. COISH	G. F. MEREDITH
W. A. WILMOTH	R. W. DYER
F. MILLANE	C. M. QUIN
J. G. MORRISH	A. J. CHAMBERS
P. G. MISSO	A. J. TSALAMANDRIS
K. L. BOURKE	S. L. MARKS
P. M. E. WISCHUSEN	E .W. WOODWARD
P. G. LACAVA	D. TRAPNELL
F. R. GUCCIARDO	A. RYAN
P. M. TAFT	P. RIDDELL
F. SACCARDO	J. CONDON
G. P. MULLALY	M. FOX
K. E. KINGS	M. CAHILL
J. L. PARRISH	D. SEXTON
M. H. TINNEY	P. J. GINNANE

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The County Court Civil Procedure Rules 2018, S.R. No. 170/2018 were made on 22 October 2018 by a majority of the Judges of the County Court under section 78 of the County Court Act 1958, No. 6230/1958 and came into operation on 19 November 2018: rule 1.03(1).

The County Court Civil Procedure Rules 2018 will sunset 10 years after the day of making on 22 October 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the County Court Civil Procedure Rules 2018 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

County Court (Chapter I Miscellaneous Amendments) Rules 2019, S.R. No. 29/2019

Date of Making:	17.4.19
Date of Commencement:	1.5.19: rule 3

County Court (Chapter I Hague Convention Amendments) Rules 2019, S.R. No. 69/2019

Date of Making:	13.8.19
Date of Commencement:	27.8.19: rule 3

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2019, S.R. No. 106/2019

Date of Making:	30.10.19
Date of Commencement:	1.1.20: rule 3

County Court (Chapter I Case Management Amendment) Rules 2019, S.R. No. 142/2019

Date of Making:	12.12.19
Date of Commencement:	16.12.19: rule 3

County Court (Chapters I and III Judicial Registrar Amendment) Rules 2020, S.R. No. 16/2020

Date of Making:	4.3.20
Date of Commencement:	Rules 5−7 on 10.3.20: rule 3

County Court (Chapter I Warrant of Seizure and Sale Amendment) Rules 2020, S.R. No. 27/2020

Date of Making:	28.4.20
Date of Commencement:	28.4.20

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2021, S.R. No. 28/2021

Date of Making:	1.4.21
Date of Commencement:	1.4.21

County Court (Chapter I Miscellaneous Amendments) Rules 2021, S.R. No. 158/2021

Date of Making:	10.12.21
Date of Commencement:	Rules 5–10 on 10.12.21: rule 3(1); Pt 3 (rules 11, 12) on 1.1.22: rule 3(2); Pt 4 (rules 13, 14) on 31.1.22: rule 3(3); Pt 5 (rules 15–17) on 1.3.22: rule 3(4)

County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2022, S.R. No. 90/2022

Date of Making:	26.9.22
Date of Commencement:	Rules 4–9 on 25.10.22: rule 3

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2022, S.R. No. 131/2022

Date of Making:	15.12.22
Date of Commencement:	1.1.23: rule 3

County Court (Chapter I Service and Default Judgments Amendment) Rules 2023, S.R. No. 73/2023

Date of Making:	19.7.23
Date of Commencement:	1.8.23: rule 3

County Court (Chapters I and III Confidential Communications and Protected Health Information Amendment) Rules 2023, S.R. No. 77/2023

Date of Making:	27.7.23
Date of Commencement:	Rules 4, 5 on 14.8.23: rule 3

County Court (Chapters I and III Subpoena Amendment) Rules 2023, S.R. No. 81/2023

Date of Making:	8.8.23
Date of Commencement:	Rules 5–26 on 14.8.23: rule 3

County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2023, S.R. No. 120/2023

Date of Making:	22.11.23
Date of Commencement:	Rules 4–9 on 4.12.23: rule 3

County Court (Chapter I Fees, Expenses, Allowances and Interpreters Amendment) Rules 2023, S.R. No. 130/2023

Date of Making:	11.12.23
Date of Commencement:	1.1.24: rule 3

County Court (Chapter I Costs Amendment) Rules 2024, S.R. No. 135/2024

Date of Making:	16.12.24
Date of Commencement:	1.1.25: rule 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Rule 1.03(3): S.R. No. 56/2009. Reprint No. 1 as at 1 March 2016. Reprinted to S.R. No. 35/2015. Subsequently amended by S.R. Nos 43/2016, 5/2017 and 34/2018.