County Court Miscellaneous Rules 2019 (Vic)
Version No. 004
County Court Miscellaneous Rules 2019
S.R. No. 28/2019
Version incorporating amendments as at
20 August 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
1.01Object
1.02Title
1.03Authorising provisions
1.04Commencement
1.05Revocation
1.06Definitions
1.07Calculating time
1.08Extension and abridgement
1.09Fixing time
1.10Process in vacation
1.11Time for service
1.12Effect of noncompliance
1.13Amendment of judgment or order
Order 2—Appeals to County Court under section 328 of the Children, Youth and Families Act 2005
2.01Application
2.02Definitions
2.05Notice of appeal and undertaking to prosecute
2.06Legal practitioner to notify that practitioner acts
2.08Notice of abandonment
2.10Notice of abandonment—Registrar to make order
2.11Order striking out appeal
2.12Registrar to fix appeal
2.13Recording of decision
2.14Copies of record
2.15Application to set aside order striking out appeal for failure to appear
Order 3—Remitted and transferred actions
3.01Application
3.02Definition
3.03Proceeding remitted and proceeding tried by consent
3.04Statement of cause of action
3.05Time for taking any step, doing any act
Order 4—Proceedings under the Instruments Act 1958
4.01Application
4.02General
4.02.1Definition
4.03Form 2–4A
4.04Final judgment when leave not obtained
4.05Application for leave to appear and to defend and for leave to commence more than one proceeding on two or more bills
4.06Endorsement of decision
4.07Registrar to inform parties
4.08Leave to defend equivalent to appearance
Order 5—Officers
5.01Registrar to keep seal and registers
5.02Registrar to permit searches in most cases
5.03Registrar to have general administrative control
5.04Additional powers
5.06Deputy registrars
Order 6
Order 7—Arbitration Rules
7.01Order 9 of Chapter II of Rules of the Supreme Court applies
Order 8—Payment into Court by bank guarantee
8.01Application
8.02Payment by way of irrevocable guarantee
8.03Requirement of guarantee
8.04Liability of bank
Order 9
Order 10—Confiscation of property and proceeds of crime
Part 1—Preliminary Matters
10.01Definitions
10.02Application of this Order
10.03Notice by legal practitioner
Part 2—Applications under the Confiscation Act 1997
10.04Making of application to the Court
10.05Notice and service generally
10.06Applications for restraining orders
10.08Application without notice under the Act
10.09Form of certain applications and notices of application
10.10Filing and directions
10.11Notice by person contesting an application
10.12Evidence
10.13Notice of order or declaration
10.14Notice of discharge
10.16Examination under section 98(2) of the Act
Part 3—Applications under the Commonwealth Act
10.17Making of application to the Court under the Commonwealth Act
10.18Notice and service under the Commonwealth Act
10.19Applications for restraining orders and other applications under the Commonwealth Act
10.20Applications for monitoring orders under the Commonwealth Act
10.21Filing and directions
10.22Notice by person contesting an application under the Commonwealth Act
10.23Evidence
10.24Notice of order or declaration under the Commonwealth Act
Order 11
Order 11A—Applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958
11A.01Application of Order and definition
11A.02Application under section 42E
11A.03Application under section 42L
11A.04Application under section 42M
11A.05Application under section 42N
11A.06Application under section 42P
Order 12—Proceedings under the Imprisonment of Fraudulent Debtors Act 1958
12.01Application
12.02Filing of summons
12.03Service of summons
12.04Affidavit of service
12.05Contents of affidavit in support
12.06Witnesses
12.07Warrants to be returned
12.08Certificate of payment
12.09Costs
12.10Indorsement on warrant
12.11Discharge by payment
Order 13—Proceedings under Part IV of the Administration and Probate Act 1958
13.01Definitions
13.02Application
13.03Application by originating motion
13.04Parties to application
13.09Production of probate
13.10Procedure after order for plaintiff before 15 April 2020
13.11Procedure after order for plaintiff on or after 15 April 2020
Order 14
Order 15—Service and execution of process rules
15.01Definitions
15.02How application made
15.03Enforcement of judgment
15.04Costs
Order 16—Applications under the Births, Deaths and Marriages Registration Act 1996
16.01Application of Order and definition
16.02Application for approval of a proposed change of name for a child
16.03Order
16.04Other applications
Order 17—Jury service appeals
17.01Application
17.02Definitions
17.03Lodgment of appeal under section 10
17.04Papers for Judge
17.05Judge to consider papers
17.06Hearing of appeal
17.07If appellant does not appear at hearing
Order 18
Order 19—Proceedings under the Family Violence Protection Act 2008
19.01Application to set aside order striking out appeal for failure to appear
Form 2–2D—Notice of appeal and undertaking to prosecute under section 328 of the Children, Youth and Families Act 2005
Form 2–2G—Notice of abandonment of appeal
Form 2–2N—Application to set aside order striking out appeal for failure to appear
Form 2–4A—Writ—Instruments Act 1958
Form 2–4B—Application for leave to appear and to defend
Form 2–4C—Application for leave to commence more than one proceeding on 2 or more Bills
Form 2–8A—Irrevocable guarantee
Form 2–8B—Notice of discharge and payment into court
Form 2–10A—Application for restraining order
Form 2–10AB—Application for civil forfeiture restraining order
Form 2–10AC—Application for unexplained wealth restraining order
Form 2–10B—Notice of application
Form 2–10C—Application for exclusion order
Form 2–10D—Application under *section 26/*section 36W/*section 40W for further orders
Form 2–10E—Application under section 32 for forfeiture order
Form 2–10F—Application for civil forfeiture order
Form 2–10FA—Application for section 40B exclusion order or section 40ZD exclusion order
Form 2–10FB—Application under section 40ZAA for unexplained wealth order
Form 2–10G—Application under section *45/*45B for relief from undue hardship
Form 2–10GA—Application for relief from automatic forfeiture of property of serious drug offender
Form 2–10H—Application under Part 6 of the Confiscation Act 1997 for exclusion order
Form 2–10J—Application for pecuniary penalty order
Form 2–10L—Application under specified section of the Confiscation Act 1997
Form 2–10LA—Notice of contest of application
Form 2–10M—Notice of restraining order
Form 2–10N—Notice of discharge of forfeiture
Form 2–10P—Application under the Proceeds of Crime Act 2002 of the Commonwealth for restraining order
Form 2–10Q—Application under the Proceeds of Crime Act 2002 of the Commonwealth for an unexplained wealth restraining order
Form 2–10R—Application under the Proceeds of Crime Act 2002 of the Commonwealth for monitoring order
Form 2–10S—Notice of contest of application
Form 2–11AA—Notice of application under section 42l of the Evidence (Miscellaneous Provisions) Act 1958
Form 2–11AB—Notice of application under section 42M, 42N or 42P of the Evidence (Miscellaneous Provisions) Act 1958
Form 2–12A—Affidavit in support of a summons to debtor
Form 2–12B—Certificate of payment
Form 2–16A—Notice of application by a child's parent for approval of a proposed change of name of a child
Form 2–16B—Affidavit in support of application for approval of a proposed change of name of a child
Form 2–16C—Order approving a proposed change of name for a child
Form 2–16D—Notice of application
Form 2–19A—Application to set aside order striking out appeal for failure to appear
Schedule 1—Revoked Statutory Rules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 004
County Court Miscellaneous Rules 2019
S.R. No. 28/2019
Version incorporating amendments as at
20 August 2025
A majority of the Judges of the County Court makes the following Rules:
ORDER 1—PRELIMINARY
1.01Object
The object of these Rules is to remake with amendments Chapter II of the Rules of the County Court which establish procedures for certain miscellaneous proceedings in the Court.
1.02Title
These Rules constitute Chapter II of the Rules of the County Court and are entitled the County Court Miscellaneous Rules 2019.
1.03Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
1.04Commencement
These Rules come into operation on 19 May 2019.
1.05Revocation
The Rules set out in Schedule 1 are revoked.
1.06Definitions
In these Rules—
Chapter Imeans the County Court Civil Procedure Rules 2018[1];
the Actmeans the County Court Act 1958.
1.07Calculating time
(1)Any period of time fixed by these Rules or by any judgment or order or by any document in a proceeding to which these Rules relate 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.
1.08Extension 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.
1.09Fixing time
Where no time is fixed by these Rules or by any judgment or order for doing any act in a proceeding to which these Rules relate, the Court may fix a time.
1.10Process 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.
1.11Time 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.
1.12Effect of noncompliance
(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.
(2)The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
1.13Amendment of judgment or order
The Court may at any time correct the following mistakes or errors in a judgment given or an order made in a proceeding to which these Rules relate—
(a)a clerical mistake; or
(b)an error arising from any accidental slip or omission.
ORDER 2—APPEALS TO COUNTY COURT UNDER SECTION 328 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005
2.01Application
This Order applies to any appeal under section 328 of the Children, Youth and Families Act 2005.
2.02Definitions
In this Order—
appeal means an appeal to which this Order applies;
appellant has a corresponding meaning.
2.03-2.04* * * * *
2.05Notice of appeal and undertaking to prosecute
A notice of appeal and undertaking to prosecute an appeal shall be in Form 2–2D.
2.06Legal practitioner to notify that practitioner acts
(1)If a legal practitioner is engaged to act on behalf of an appellant or respondent, the legal practitioner shall without delay—
(a)notify the Registrar in writing that the practitioner so acts; and
(b)furnish an address for service.
(2)If a legal practitioner ceases to act on behalf of an appellant or respondent or changes the address for service, the legal practitioner shall without delay so notify the Registrar in writing.
2.07* * * * *
2.08Notice of abandonment
A notice of abandonment of an appeal shall be in Form 2–2G.
2.09* * * * *
2.10Notice of abandonment—Registrar to make order
When a notice of abandonment of appeal is filed or leave has been granted to abandon an appeal, the Registrar shall make an order striking out the appeal.
2.11Order striking out appeal
If an order striking out an appeal is made, the Registrar shall cause a copy of the order to be forwarded to the Registrar of the Children's Court at the venue of the court from which that appeal was brought.
2.12Registrar to fix appeal
(1)The Registrar shall—
(a)fix the date and place for hearing of the appeal; and
(b)notify in writing each party and each practitioner who has given notice under Rule 2.06 of the date and place of hearing a reasonable time before the hearing.
(2)Notification in writing under paragraph (1)(b) must be by pre-paid ordinary post.
2.13Recording of decision
(1)When an appeal is determined by the Court, the Associate to the Judge who heard the appeal shall in all cases record particulars of the decision.
(2)The record under paragraph (1) constitutes the final record of the order of the Court on the appeal.
(3)If a number of appeals are heard together, it is necessary for the particulars of each order or dismissal the subject of the appeal to be recorded in full.
2.14Copies of record
(1)The Associate shall deliver—
(a)three copies of the record of the order of the Court to the Registrar who shall—
(i)file one copy;
(ii)send one copy to the Registrar of the Children's Court at the venue of the Court from which the appeal was brought; and
(iii)if the appellant is required to serve a term of imprisonment or detention, deliver one copy to the person responsible for keeping the appellant; and
(b)if the appellant is required to serve a sentence of imprisonment or detention, one copy of the record of the order of the Court to the prison officer responsible for conveying the appellant to the place of imprisonment or detention.
(2)The record shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record.
2.15Application to set aside order striking out appeal for failure to appear
An application to set aside an order striking out an appeal for failure to appear shall be in Form 2–2N.
2.16* * * * *
ORDER 3—REMITTED AND TRANSFERRED ACTIONS
3.01Application
This Order applies to any proceeding—
(a)which is remitted or transferred to the Court by or from another court; or
(b)which was commenced in the Supreme Court before the commencement of section 3 of the Courts Legislation (Jurisdiction) Act 2006 but which has not yet been determined and in which the parties consent under section 37(2)(a) of the Act (as in force immediately before its repeal) to its being in the Court.
Note
Section 37(2)(a) of the Act was repealed on 1 January 2007 by section 3(2) of the Courts Legislation (Jurisdiction) Act 2006.
3.02Definition
In this Order—
other courtmeans the court in which the proceeding was commenced.
3.03Proceeding remitted and proceeding tried by consent
(1)In a proceeding to which this Order applies, the plaintiff or applicant shall file with the Registrar—
(a)in the case of a proceeding ordered to be tried in the Court, the order for remission or transfer and a copy of the originating process; or
(b)in the case of a proceeding to be tried in the Court pursuant to the consent of the parties, the written consent and a copy of the originating process.
(2)The plaintiff or applicant shall apply to the Prothonotary or other proper officer of the other court to send to the Registrar all pleadings, affidavits and other documents filed in the other court relating to the proceeding.
(3)The plaintiff or applicant shall also file with the Registrar a statement of the names and addresses of all parties to the proceeding and their solicitors.
3.04Statement of cause of action
If no statement of the claim has been filed and served in the other court, the plaintiff or applicant shall, before taking any further steps in the proceeding—
(a)file with the Registrar, together with the copy of the originating process, a concise statement of the claim in accordance with the requirements of Chapter I; and
(b)serve a copy of the statement on each other party to the proceeding within 7 days after filing the statement.
3.05Time for taking any step, doing any act
(1)If in any Rule (including a Rule of Chapter I) a time is prescribed for taking any step in a proceeding or for doing any act by reference to the date of filing a notice of appearance, the time for taking such a step or doing such an act shall be determined—
(a)in the case of a proceeding remitted from another court by order of a Judge of that other court, by reference to the date of the order for remission; or
(b)in the case of a proceeding transferred from the Magistrates' Court, by reference to the date of the order for transfer.
(2)In a case where the time prescribed fixes the latest date for taking any step or doing any act, the step may be taken or the act done at any time before that date.
ORDER 4—PROCEEDINGS UNDER THE INSTRUMENTS ACT 1958
4.01Application
This Order applies to any proceeding under the Instruments Act 1958.
4.02General
Except as provided in this Order, a proceeding under the Instruments Act 1958 shall be conducted in accordance with that Act and Chapter I.
4.02.1 Definition
In this Order—
bill has the same meaning as in section 3 of the Instruments Act 1958.
4.03Form 2–4A
A proceeding on a bill commenced after the bill has become due may be commenced by writ in Form 2–4A.
4.04Final judgment when leave not obtained
If the defendant does not obtain leave to defend the proceeding within the time specified in the writ, the plaintiff may enter final judgment for any sum not exceeding the sum claimed in the writ with interest at the rate specified (if any) to the date of judgment together with the costs, charges and expenses fixed by the Registrar.
4.05Application for leave to appear and to defend and for leave to commence more than one proceeding on two or more bills
(1)An application by—
(a)a defendant, for leave to appear and to defend a proceeding; and
(b)a bearer or holder of two or more matured bills for leave to commence more than one proceeding in respect of those bills against the same person—
shall be made to a Judge or a judicial registrar without notice to any person.
(2)An application referred to in paragraph (1) shall—
(a)be supported by affidavit stating the facts upon which the applicant relies; and
(b)be in Form 2–4B or Form 2–4C, as the case requires.
(3)An affidavit for the purposes of this Rule may be made by the applicant or by any other person who can swear positively to the facts.
4.06Endorsement of decision
When the Judge or judicial registrar has received an application under Rule 4.05, the Judge or judicial registrar shall—
(a)endorse the decision upon the application; and
(b)return the application and affidavit to the Registrar.
4.07Registrar to inform parties
When the decision of the Judge or judicial registrar is received by the Registrar, the Registrar shall in writing give notice to the plaintiff and the defendant of the Judge's or judicial registrar's decision.
4.08Leave to defend equivalent to appearance
(1)If in any Rule a time is prescribed for taking any step or doing any act by reference to the date of filing an appearance, the time for taking any step or doing any act shall be determined by the date on which the Registrar gives notice under Rule 4.07.
(2)A defendant who has been given leave to defend a proceeding to which this Order applies shall be taken to have filed an appearance on the day leave was given.
ORDER 5—OFFICERS
5.01Registrar to keep seal and registers
The Registrar—
(a)has the custody of the seal of the Court; and
(b)shall keep the registers as required.
5.02Registrar to permit searches in most cases
(1)The Registrar shall cause a search to be made in the registers in the Registrar's custody—
(a)when requested in writing containing sufficient particulars; and
(b)on payment of any prescribed fee.
(2)Unless the Court otherwise orders, the Registrar, on payment of any prescribed fee, shall permit any person to search any documents filed in any proceeding.
(3)This Rule does not apply to any register or to any documents relating to any proceeding under any of the following Acts or any corresponding previous or subsequent enactment—
(a)the Adoption Act 1984;
(b)the Confiscation Act 1997;
(c)the Births, Deaths and Marriages Registration Act 1996;
(d)the Proceeds of Crime Act 2002 of the Commonwealth;
(e)Part IV of the Status of Children Act 1974.
(4)If at any time the Registrar requires directions as to whether any search shall be made—
(a)the Registrar shall apply to a Judge; and
(b)until the Judge so directs, no such search shall be made.
5.03Registrar to have general administrative control
Subject to the Rules and to any order or direction of the Chief Judge, the Registrar—
(a)shall have general administrative control over all deputy registrars and officers of the Court; and
(b)may give them such directions as are necessary to ensure efficient and uniform practice throughout the entire administration of the Court.
5.04Additional powers
For facilitating the business of the Court, in addition to exercising any other powers or functions conferred or imposed on the Registrar by the Act, the Council of Judges, the Chief Judge or the Rules, the Registrar may in any proceeding—
(a)make an order for the payment or taxation and payment of costs, including any reserved costs; or
(b)by consent of the parties—
(i)give judgment for the recovery of any debt or damages together with interest or damages in the nature of interest;
(ii)discharge any bond lodged in Court;
(iii)strike out or dismiss any proceeding;
(iv)make an order for the payment out of Court of moneys paid into Court; or
(v)make an order for a stay of execution.
5.05* * * * *
5.06Deputy registrars
A deputy registrar has all the powers and functions of the Registrar under this Order, except the powers and functions under Rule 5.03.
ORDER 6
* * * * *
Note
There is no Order 6.
ORDER 7—ARBITRATION RULES
7.01Order 9 of Chapter II of Rules of the Supreme Court applies
Order 9 of Chapter II of the Rules of the Supreme Court applies with any necessary modification to any proceeding in the Court under, and to the extent to which the Court has jurisdiction under, the following—
(a)the International Arbitration Act 1974 of the Commonwealth;
(b)the Commercial Arbitration Act 2011.
ORDER 8—PAYMENT INTO COURT BY BANK GUARANTEE
8.01Application
This Order applies in any proceeding in which the Court makes any of the orders referred to in Rule 8.02.
8.02Payment by way of irrevocable guarantee
If the Court makes an order—
(a)giving leave to defend conditionally upon payment of a sum of money into Court;
(b)requiring a party to pay money into Court as security for costs; or
(c)requiring a party to pay money into Court pending judgment in any action or matter in the Court—
it is sufficient compliance with that order if the person ordered to pay the money into the Court files with the Registrar an irrevocable guarantee given by a bank to pay the sum.
8.03Requirement of guarantee
An irrevocable guarantee given by a bank—
(a)shall be in Form 2–8A;
(b)shall be given by a bank approved by the Registrar; and
(c)shall be sealed by the bank or signed by an officer of the bank who has written authority from the bank to sign such a guarantee on behalf of the bank.
8.04Liability of bank
(1)A bank guarantee which is filed with the Registrar pursuant to an order under Rule 8.02 shall not be amended or revoked without the leave of the Court.
(2)Unless the Court otherwise orders, a bank which has given a guarantee may discharge its liability under the guarantee only—
(a)by payment into Court of the total sum guaranteed; and
(b)by filing a notice of discharge and payment into Court in Form 2–8B.
ORDER 9
** * * *
Note
There is no Order 9.
ORDER 10—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME
Part 1—Preliminary Matters
10.01Definitions
In this Order—
the Actmeans the Confiscation Act 1997;
the Commonwealth Act means the Proceeds of Crime Act 2002 of the Commonwealth.
10.02Application of this Order
(1)Part 2 of this Order applies to a proceeding in the Court under the Act.
(2)Part 3 of this Order applies to a proceeding in the Court under the Commonwealth Act.
10.03Notice by legal practitioner
(1)A legal practitioner who commences to act for an accused or an applicant in a proceeding to which this Order applies shall, as soon as possible after commencing so to act, file a notice stating—
(a)that the legal practitioner is acting for the accused or the applicant, as the case requires;
(b)the contact details of the legal practitioner, including name, address, telephone number, fax number and email address; and
(c)the relevant name and address for service.
(2)The legal practitioner shall be noted in the records of the Court as acting for the accused or the applicant, as the case requires.
(3)A legal practitioner who ceases to act for an accused or an applicant shall, as soon as possible after so ceasing to act—
(a)file a notice stating that the legal practitioner has ceased so to act; and
(b)serve a copy of the notice on—
(i)the Director of Public Prosecutions or the Commonwealth Director of Public Prosecutions, as the case requires; and
(ii)the accused or the applicant, as the case requires.
Part 2—Applications under the
Confiscation Act 1997
10.04Making of application to the Court
If, by the Act, notice of an application is required to be given, the application is taken to be made when the notice of application is filed.
10.05Notice and service generally
If notice is required by or under the Act or this Order to be given to any person, it shall be in writing and served on that person.
Note
See section 137 of the Act.
10.06Applications for restraining orders
(1)An application for a restraining order under the Act (other than a civil forfeiture restraining order or an unexplained wealth restraining order) shall be in Form 2–10A.
(2)An application under section 36K of the Act for a civil forfeiture restraining order shall be in Form 2–10AB.
(3)An application under section 40F of the Act for an unexplained wealth restraining order shall be in Form 2–10AC.
* * * * *
Note
There is no Rule 10.07.
10.08Application without notice under the Act
(1)Except where the Act otherwise provides, an application to the Court under the Act which is made without notice to any other person shall be in writing.
(2)An application to the Court under the Act which is to be made without notice and in writing and for which a form is not prescribed in this Order may be in Form 2–10A with any necessary modification.
(3)If under section 17(1), 36L(1) or 40H(1) of the Act the Court requires notice to be given that the application has been made, the notice shall be in Form 2–10B.
10.09Form of certain applications and notices of application
(1)An application under section 20 of the Act for an exclusion order, under section 36U of the Act for a section 36V exclusion order or under section 40R of the Act for a section 40S exclusion order shall be in Form 2–10C.
(2)An application under section 26, 36W or 40W of the Act for further orders in relation to property the subject of a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order, as the case may be, shall be in Form 2–10D.
(3)An application under section 32 of the Act for a forfeiture order shall be in Form 2–10E.
(4)An application under section 37 of the Act for a civil forfeiture order shall be in Form 2–10F.
(5)An application under section 40A of the Act
for a section 40B exclusion order or under section 40ZC of the Act for a section 40ZD exclusion order shall be in Form 2–10FA.
(5A)An application under section 40ZAA of the Act for an unexplained wealth order shall be in Form 2–10FB.
(6)An application under section 45 or 45B of the Act for relief from undue hardship shall be in Form 2–10G.
(7)An application under section 45A of the Act for relief from automatic forfeiture of property of a serious drug offender shall be in Form 2–10GA.
(8)An application under section 49, 51 or 53 of the Act for an exclusion order shall be in
Form 2–10H.
(9)An application under section 58 of the Act for a pecuniary penalty order shall be in Form 2–10J.
(10)Any other application to be made to the Court under the Act may be in Form 2–10L with any necessary modification.
(11)Where notice of the hearing of an application is required to be given then, unless the Act otherwise provides or the Court otherwise orders, such notice shall be given not less than five days before the day fixed for the hearing of the application.
10.10Filing and directions
(1)Unless the Act otherwise provides or the Court otherwise orders, in a proceeding under the Act the following shall be filed in the Court—
(a)each application;
(b)each affidavit;
(c)a copy of each notice given.
(2)At the time when an application or notice of an application is filed, the Registrar shall insert the time and place at which the application is to be heard and such time and place shall be included in any copy which is served.
(3)After an application or notice of an application has been filed, a Judge may give directions for the hearing of the application, including directions for the production to the Court of any transcript of proceedings relating to a conviction relied upon in the application.
10.11Notice by person contesting an application
(1)A person who is required by the Act to give notice of the grounds on which an application is to be contested shall give notice to the applicant in Form 2–10LA.
(2)Any other person who intends to contest an application made under the Act shall give notice in Form 2–10LA to the applicant of the grounds on which the application is to be contested.
(3)The notice shall be served on the applicant not later than two days before the date fixed for the hearing or the resumed hearing of the application, as the case requires.
10.12Evidence
(1)Unless the Court otherwise directs, evidence in chief on the hearing of all applications under the Act shall be by affidavit.
(2)A copy of an affidavit on which the applicant intends to rely shall be served on any person to whom notice of the application has been given.
(3)A copy of an affidavit on which a person other than the applicant intends to rely shall be served on the applicant and any other person, if known, to whom notice of the application has been given.
10.13Notice of order or declaration
(1)Subject to paragraph (2) and Rule 10.14, where notice is required to be given to any person of an order made by the Court under the Act, notice shall be given by serving a copy of the order on that person in accordance with section 137 of the Act.
(2)In the case of a restraining order made under Part 2 of the Act for the purpose of automatic forfeiture and in the case of an unexplained wealth restraining order made under Part 4A of the Act for the purpose of unexplained wealth forfeiture, a copy of the order shall be accompanied by a notice in Form 2–10M.
(3)If a restraining order, civil forfeiture restraining order, unexplained wealth restraining order, unexplained wealth order, forfeiture order or civil forfeiture order under the Act is made by the Court upon the application of any person, notice of the order shall be given by the applicant to—
(a)each person who the applicant has reason to believe has an interest in any of the property which is subject to the order, unless that person was present when the order was made or was given notice of the making of the application for the order; and
(b)such other person as the Court directs.
(4)If a declaration is made by the Court—
(a)under section 35(3) of the Act, of the date on which a person (in respect of whom a restraining order has been made) is deemed to have been convicted of a Schedule 2 offence; or
(b)under section 36 of the Act, that property has been forfeited—
notice of the order containing the declaration shall be given by the applicant to—
(c)each person who the applicant has reason to believe had an interest in any of the property which is forfeited immediately before the property was forfeited, unless that person was present when the declaration was made or was given notice of the application for the declaration; and
(d)such other person as the Court directs.
10.14Notice of discharge
(1)The following notices under the Act shall be in Form 2–10N—
(a)notice under section 46(2) of discharge of a forfeiture order;
(b)notice under section 47(2) of discharge of automatic forfeiture;
(c)notice under section 48(2) of discharge of a civil forfeiture order;
(d)notice under section 48A(2) of discharge of unexplained wealth forfeiture.
(2)If a pecuniary penalty order registered under the Service and Execution of Process Act 1992 of the Commonwealth is discharged, notice of discharge shall be given by the person who procured the registration of the order.
(3)Notice of discharge under paragraph (2) shall be given by sending a sealed copy of the order of discharge to the Registrar or other proper officer of the court in which the order was registered.
* * * * *
Note
There is no Rule 10.15.
10.16Examination under section 98(2) of the Act
If an order is made under section 98(2) of the Act for the examination of a person before the Court, the examination may be before an Associate Judge.
Part 3—Applications under the Commonwealth Act
10.17Making of application to the Court under the Commonwealth Act
An application under the Commonwealth Act is taken to have been made when it is filed.
10.18Notice and service under the Commonwealth Act
(1)Subject to the Commonwealth Act, if notice is required by or under the Commonwealth Act to be given or served it shall be in writing.
(2)A copy of an application, a copy of an affidavit and a notice given in a proceeding under the Commonwealth Act shall be served personally or in such other manner as the Court directs.
10.19Applications for restraining orders and other applications under the Commonwealth Act
(1)An application for a restraining order under the Commonwealth Act (other than an unexplained wealth restraining order under that Act) shall be in Form 2–10P.
(2)An application for an unexplained wealth restraining order under section 20A of the Commonwealth Act shall be in Form 2–10Q.
(3)Any other application to the Court under the Commonwealth Act for which a form is not prescribed in this Order may be in Form 2–10P with any necessary modification.
10.20Applications for monitoring orders under the Commonwealth Act
An application for a monitoring order under the Commonwealth Act may be in Form 2–10R.
10.21Filing and directions
(1)Unless the Commonwealth Act otherwise provides or the Court otherwise orders, in a proceeding under the Commonwealth Act the following shall be filed in the Court—
(a)each application;
(b)each affidavit;
(c)a copy of each notice given.
(2)At the time when an application or notice of an application is filed, the Registrar shall insert the time and place at which the application is to be heard and such time and place shall be included in any copy which is served.
(3)After an application or notice of an application has been filed, a Judge may give directions for the hearing of the application, including directions for the production to the Court of any transcript of proceedings relating to a conviction relied upon in the application.
10.22Notice by person contesting an application under the Commonwealth Act
(1)A person who is required by the Commonwealth Act to give notice of the grounds on which an application is to be contested shall give notice to the applicant in Form 2–10S.
(2)Any other person who intends to contest an application made under the Commonwealth Act shall give notice in Form 2–10S to the applicant of the grounds on which the application is to be contested.
(3)Subject to any relevant provisions of the Commonwealth Act, the notice shall be served on the applicant not later than two days before the date fixed for the hearing of the application.
10.23Evidence
(1)Unless the Court otherwise directs, evidence in chief on the hearing of all applications under the Commonwealth Act shall be by affidavit.
(2)A copy of an affidavit on which the applicant intends to rely shall be served on any person to whom notice of the application has been given.
(3)A copy of an affidavit on which a person other than the applicant intends to rely shall be served on the applicant and any other person, if known, to whom notice of the application has been given.
10.24Notice of order or declaration under the Commonwealth Act
Where notice is required to be given to any person of an order made by the Court under the Commonwealth Act, notice shall be given by serving a copy of the order on that person in accordance with the Commonwealth Act.
ORDER 11
** * * *
Note
There is no Order 11.
ORDER 11A—APPLICATIONS UNDER PART IIA OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
11A.01 Application of Order and definition
(1)This Order applies to applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958.
(2)In this Order, the Act means the Evidence (Miscellaneous Provisions) Act 1958.
11A.02 Application under section 42E
An application under section 42E(1) of the Act shall be made in accordance with Order 41A of Chapter I.
11A.03 Application under section 42L
Unless the application is made in accordance with section 42L(5) of the Act—
(a)notice of an application under section 42L of the Act shall be in Form 2–11AA;
(b)a copy of the notice shall be served as soon as practicable after the notice has been filed; and
(c)service may be by post.
11A.04 Application under section 42M
Unless the application is made in accordance with section 42M(5) of the Act—
(a)notice of an application under section 42M of the Act shall be in Form 2–11AB;
(b)a copy of the notice shall be served as soon as practicable after the notice has been filed; and
(c)service may be by post.
11A.05 Application under section 42N
Unless the application is made in accordance with section 42N(3) of the Act—
(a)notice of an application under section 42N of the Act shall be in Form 2–11AB;
(b)a copy of the notice shall be served as soon as practicable after the notice has been filed; and
(c)service may be by post.
11A.06 Application under section 42P
Unless the application is made in accordance with section 42P(5) of the Act—
(a)notice of an application under section 42P of the Act shall be in Form 2–11AB;
(b)a copy of the notice shall be served as soon as practicable after the notice has been filed; and
(c)service may be by post.
ORDER 12—PROCEEDINGS UNDER THE IMPRISONMENT OF FRAUDULENT DEBTORS
ACT 1958
12.01Application
This Order applies to any proceeding under the Imprisonment of Fraudulent Debtors Act 1958.
12.02Filing of summons
A summons to debtor shall be supported by affidavit filed when the summons is filed.
12.03Service of summons
(1)A summons to debtor shall be served personally not less than six days before the day the summons is listed for hearing.
(2)The summons must be served personally unless the Court otherwise orders.
12.04Affidavit of service
Unless the Court otherwise orders, an affidavit of service of the summons shall be filed not less than three days before the day the summons is listed for hearing.
12.05Contents of affidavit in support
An affidavit filed in support of the summons to debtor shall—
(a)state the date and amount of the judgment;
(b)state if the amount of the judgment has been reduced, the means of and amount of the reduction;
(c)state the amount due on the judgment at the date of swearing the affidavit;
(d)state whether any other form of execution is still outstanding; and
(e)be in Form 2–12A.
12.06Witnesses
Any witness may be summoned to appear at the hearing of a summons to debtor.
12.07Warrants to be returned
As soon as possible after filing a summons to debtor, the judgment creditor shall give notice of the filing of the summons to the sheriff or other person to whom any warrant, filed as a result of the judgment, has been issued.
12.08Certificate of payment
A certificate of payment by a prisoner shall be in Form 2–12B.
12.09Costs
(1)Unless the Court otherwise orders, costs incurred by a judgment creditor in endeavouring to enforce a judgment are recoverable under an order or judgment.
(2)Unless the Court otherwise orders, if the amount for which judgment is given is less than $1000, no costs shall be allowed.
12.10Indorsement on warrant
If a debtor is ordered to be committed to prison, the warrant of commitment shall be indorsed with—
(a)the amount to be paid on the judgment;
(b)all costs to be paid; and
(c)the period of imprisonment.
12.11Discharge by payment
(1)At any time before a debtor is delivered into the custody of the gaoler, the debtor may pay to the sheriff, bailiff, or other person to whom the warrant is issued the full amount indorsed on the warrant.
(2)Upon payment of the full amount the debtor shall be discharged.
ORDER 13—PROCEEDINGS UNDER PART IV OF THE
ADMINISTRATION AND PROBATE ACT 1958
13.01Definitions
In this Order—
Part IV means Part IV of the Administration and Probate Act 1958;
personal representative does not include an executor who has not proved.
13.02Application
This Order applies to any proceeding in the Court under Part IV.
13.03Application by originating motion
(1)An application under Part IV—
(a)shall be made by originating motion; and
(b)in addition to the requirement of Rule 27.02(2) of Chapter I, shall be entitled "In the matter of the estate of [name of deceased], deceased".
(2)* * * * *
* * * * *
13.04Parties to application
(1)Each personal representative shall be a defendant unless that personal representative is a plaintiff.
(2)If a plaintiff is the sole personal representative, the defendant shall be a person having a substantial interest in opposing the application.
(3)No other person shall be a defendant to the application in the first instance.
13.05–13.08* * * * *
13.09Production of probate
(1)On the trial of the proceeding the personal representative shall produce to the Court the probate of the will of the deceased or the letters of administration of the deceased's estate.
(2)This Rule does not apply to a grant of representation of a deceased's estate granted on or after 15 April 2020.
Note
On and after 15 April 2020, grants of representation will be issued in RedCrest-Probate: see Order 1A of Chapter III of the Rules of the Supreme Court.
13.10Procedure after order for plaintiff before 15 April 2020
(1)If an order is made in favour of a plaintiff, the Judge's Associate shall deliver the probate or letters of administration to the Registrar.
(2)The Registrar shall deliver the probate or letters of administration to the Registrar of Probates together with four copies of the order authenticated in accordance with Order 60A of Chapter I.
(3)The Registrar of Probates shall attach to the probate or letters of administration a copy of the order and shall—
(a)deliver the probate or letters of administration to the personal representative or the personal representative's solicitor; and
(b)deliver a copy of the order to the plaintiff or the plaintiff's solicitor.
(4)This Rule applies to any order made in respect of a grant of representation made before the commencement of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019.
13.11Procedure after order for plaintiff on or after 15 April 2020
(1)This Rule applies to any order made in respect of a grant of representation made on or after the commencement of Part 2 of the Supreme Court (Probate E-Filing and Other Amendments) Rules 2019.
(2)If an order is made in favour of a plaintiff, the Registrar shall provide to the Registrar of Probates an electronic copy of the authenticated order.
ORDER 14
** * * *
Note
There is no Order 14.
ORDER 15—SERVICE AND EXECUTION OF PROCESS RULES
15.01Definitions
In this Order—
court of rendition has the same meaning as in Part 6 of the Act;
place of rendition has the same meaning as in Part 6 of the Act;
the Act means the Service and Execution of Process Act 1992 of the Commonwealth.
15.02How application made
An application under section 71 or 72 of the Act shall be made by originating motion in Form 5C of Chapter I.
15.03Enforcement of judgment
A person who seeks to enforce a judgment registered under the Act shall before taking any step under the Act or Chapter I for such enforcement file an affidavit stating—
(a)that the judgment is capable of being enforced in or by the court of rendition
or a court in the place of rendition; and
(b)the extent to which it is so capable.
15.04Costs
The same costs shall be allowed in relation to the enforcement of a judgment registered under the Act in a court in Victoria as are allowed upon the enforcement of a like judgment of the Victorian court.
ORDER 16—APPLICATIONS UNDER THE BIRTHS,
DEATHS AND MARRIAGES REGISTRATION ACT 1996
16.01Application of Order and definition
(1)This Order applies to applications to the Court under the Births, Deaths and Marriages Registration Act 1996.
(2)In this Order, the Act means the Births, Deaths and Marriages Registration Act 1996.
16.02Application for approval of a proposed change of name for a child
(1)An application under section 26(4) of the Act shall be—
(a)by notice in Form 2–16A; and
(b)supported by affidavit in Form 2–16B at the time the notice is filed.
(2)Unless the Court otherwise orders, a copy of the notice and the affidavit in support shall be served on the respondent as soon as practicable after the notice has been filed.
16.03Order
An order approving a proposed change of name for a child under section 26(4) of the Act shall be in Form 2–16C.
16.04Other applications
Any other application to the Court under the Act—
(a)may be by notice in Form 2–16D; and
(b)shall be supported by affidavit.
ORDER 17—JURY SERVICE APPEALS
17.01Application
This Order applies to any proceeding in the Court under section 10 of the Juries Act 2000.
17.02Definitions
In this Order—
appellant means any person who is aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 of the Act;
the Act means the Juries Act 2000.
17.03Lodgment of appeal under section 10
(1)An appellant shall deliver or send by post to the Juries Commissioner a notice of appeal stating—
(a)the reasons why the appellant is aggrieved by the Juries Commissioner's decision; and
(b)whether the appellant wishes to have the appeal determined by the Judge without any attendance by or on behalf of the appellant.
(2)If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Juries Commissioner shall send to the appellant a notice—
(a)directing that the appellant, within 14 days of the date of service of the notice, deliver or send by post reasons in writing to the Juries Commissioner; and
(b)stating that if the appellant fails to do so the appeal will be taken to be abandoned.
(3)If the appellant fails to deliver or send by post written reasons in accordance with the notice in paragraph (2), the appeal is abandoned.
17.04Papers for Judge
After receiving a notice of appeal and reasons the Juries Commissioner shall without delay deliver all papers relating to the appeal to a Judge nominated by the Chief Judge.
17.05Judge to consider papers
(1)If the appellant has expressed the wish to have the appeal determined without any attendance by or on behalf of the appellant, the Judge after examining the papers may—
(a)determine the appeal on the papers; or
(b)set a date, time and place for hearing the appeal.
(2)In any other case, the Judge after examining the papers may—
(a)allow the appeal on the papers; or
(b)set a date, time and place for hearing the appeal.
(3)The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule.
17.06Hearing of appeal
Subject to Rule 17.07, at the hearing of an appeal the Judge—
(a)shall hear the appellant;
(b)may permit the Juries Commissioner to take part in the appeal; and
(c)shall conduct the appeal in such manner as the interests of justice require.
17.07If appellant does not appear at hearing
(1)If at the hearing of the appeal there is no attendance by or on behalf of the appellant, the Judge may determine the appeal on the papers.
(2)The Juries Commissioner shall without delay notify the appellant of the Judge's determination under this Rule.
ORDER 18
* * * * *
Note
There is no Order 18.
ORDER 19—PROCEEDINGS UNDER THE FAMILY VIOLENCE PROTECTION ACT 2008
19.01Application to set aside order striking out appeal for failure to appear
An application under section 118A(3) of the Family Violence Protection Act 2008 shall be in Form 2–19A.
FORM 2–2D—NOTICE OF APPEAL AND UNDERTAKING TO PROSECUTE UNDER SECTION 328 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005
Rule 2.05
NOTICE OF APPEAL AND UNDERTAKING TO PROSECUTE UNDER SECTION 328 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005
The name of the appellant is:
The name and address of the respondent is:
1.To the Registrar of the Children's Court at:
2.To the Registrar of the County Court at:
3.And to the abovenamed respondent:
A.The proceeding(s) appealed from—
1.Venue of the Children's Court appealed from:
2.Date(s) of order(s) made in the Children's Court:
3.Particulars of order(s) [if space insufficient attach extra page(s)]
B.The appeal is to be heard by the County Court—
*at [time] on [date], at [venue].
*at a time and place to be fixed by the Registrar of the County Court:
C.General Grounds of Appeal
[insert particulars]
D.1. Appellant's personal address for service:
2.Solicitor's name and address for service:
E.The appellant requests the Registrar of the County Court to list the appeal.
Dated:
*[signature of appellant] / *[signature of solicitor for appellant]
* Delete if not applicable.
UNDERTAKING TO PROSECUTE
I, [name]
of [address] UNDERTAKE to
(1)*appear at the County Court to prosecute the appeal at [time] on [date], at 250 William Street, Melbourne, to appear in the County Court for the duration of the appeal; and
OR
*appear at the County Court sitting at [venue] to prosecute the appeal on a day to be fixed by the Registrar of the County Court and to appear for the duration of the appeal; and
(2)to notify the Registrar of the County Court in writing of any change of address from that appearing in the notice of appeal.
Dated:
[signature of appellant]
In the presence of:
* Delete if not applicable.
* * * * *
Note
There are no Forms 2–2E and 2–2F.
FORM 2–2G—NOTICE OF ABANDONMENT OF APPEAL
Rule 2.08
IN THE COUNTY COURT Appeal No:
OF VICTORIA
AT
NOTICE OF ABANDONMENT OF APPEAL
The name of the appellant is:
The name and address of the respondent(s) are:
I wish to abandon my appeal against the order(s) made by the Children's Court. I give notice of the abandonment of the appeal, particulars of which are set out below:
1.Venue of the Children's Court at which order(s) were made:
2.Date of order(s):
3.Particulars of order(s): [if space insufficient attach extra page(s)]
I acknowledge that the order(s) appealed from shall now take effect.
Dated:
[signature of appellant]
** * * *
Note
There are no Forms 2–2H, 2–2I, 2–2J, 2–2K, 2–2L
and 2–2M.
FORM 2–2N—APPLICATION TO SET ASIDE ORDER
STRIKING OUT APPEAL FOR FAILURE TO APPEAR
Rule 2.15
IN THE COUNTY COURT Appeal No:
OF VICTORIA
AT
APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR
To: The Registrar of the County Court
at: 250 William Street, Melbourne
and
To: The Respondent
of:
Appellant's name: [name]
Address: [address]
CHILDREN'S COURT APPEALED FROM:
I hereby apply for an order setting aside an order made on [date] striking out my appeal for my failure to appear.
The application is made on the grounds that the appellant's failure to appear was not due to fault or neglect on the part of the appellant [give details].
Dated:
[signature of appellant]
[Notice of this application must be served on the respondent a reasonable time before making of the application and in the same way as a notice of appeal.]
If the County Court grants the application it must order the reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Office use only]
To: 1. The Appellant
2. Criminal Trial Listing Directorate
3. Prosecuting Agency
The Application for reinstatement is listed for [date] at [time].
Registrar
FORM 2–4A—WRIT—INSTRUMENTS ACT 1958
Rule 4.03
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN
A.B. Plaintiff
*and
*C.D. Defendant
WRIT—INSTRUMENTS ACT 1958
TO THE DEFENDANT
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.
IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE NOTICE of your intention by first obtaining the leave of the Court to file an appearance and then filing an appearance within the proper time for appearance stated below.
YOU OR YOUR LEGAL PRACTITIONER may file the appearance. An appearance is filed by—
(a)filing a "Notice of Appearance" in the Registrar's office in the County Court, 250 William Street, Melbourne, or, where the writ has been filed in the office of another Registrar, in the office of that Registrar; and
(b)on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this writ.
IF YOU FAIL to obtain the leave of the Court to file an appearance within the proper time and to file an appearance within that time, the plaintiff may ENTER JUDGMENT AGAINST YOU on the claim without further notice.
THE PROPER TIME FOR OBTAINING LEAVE TO FILE AN APPEARANCE AND FOR FILING AN APPEARANCE is as follows—
(a)if you reside within 80 kilometres of the post office corner of Bourke and Elizabeth Streets, Melbourne, within 16 days after service;
(b)if you reside beyond that distance, within 21 days after service.
If you pay the amount claimed, namely, [amount] and [amount] for legal costs to the plaintiff or the plaintiff's legal practitioner within the proper time stated above, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court.
APPLICATION FOR LEAVE TO DEFEND must be made within the proper time stated above to the Court. It is not necessary to give notice of the application to the plaintiff.
THE COURT MAY GIVE LEAVE TO DEFEND if you—
(a)pay into the Court the amount claimed, namely, [amount]; or
(b)file affidavits satisfactory to the Court which disclose—
(i)facts which disclose defence; or
(ii)such facts as would make it incumbent on the holder to prove consideration; or
(iii)such other facts as the Court considers sufficient to support the application.
FILED [date].
Registrar
THIS WRIT is to be served within one year from the date it is filed or within such further period as the Court orders.
The plaintiff claims [amount] principal and interest [or [amount] balance of principal and interest] due to the plaintiff as the *payee / *indorsee / *bearer of a *bill of exchange / *promissory note / *order for the payment of money of which the following is a copy:
[Here copy bill and all indorsements on it]
Complete as follows:
1.Place of trial:
(If no place of trial is specified, trial will be at Melbourne.)
2.Mode of trial:
(If trial before a Judge and jury is not specified, trial will be before a Judge sitting alone.)
3.This writ was filed—
*by the plaintiff in person.
*for the plaintiff by [name or firm of legal practitioner], legal practitioner, of [business address of legal practitioner].
*for the plaintiff by [name or firm of legal practitioner], legal practitioner, of [business address of legal practitioner] as agent for [name or firm of principal legal practitioner], legal practitioner, of [business address of principal].
4.The address of the plaintiff is:
5.The address for service of the plaintiff is:
[If the plaintiff sues by a legal practitioner, the address for service is the business address of the legal practitioner or, if the legal practitioner acts by an agent, the business address of the agent. If the plaintiff sues without a legal practitioner, the address for service is stated in 4, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria.]
6.The address of the defendant is:
* Delete if not applicable.
FORM 2–4B—APPLICATION FOR LEAVE TO APPEAR AND TO DEFEND
Rule 4.05
IN THE COUNTY COURT Court ref:
OF VICTORIA
AT
BETWEEN
A.B. Plaintiff
*and
*C.D. Defendant
APPLICATION FOR LEAVE TO APPEAR AND TO DEFEND
(Instruments Act 1958)
PARTICULARS OF APPLICATION
THE DEFENDANT seeks the leave of the Court to file an appearance to the writ and to defend the proceeding.
*1. On [date] the sum of [amount] (being the sum claimed in the writ) was paid into court by the defendant.
*1. The affidavit(s) of [name of deponents] setting out the facts upon which the defendant relies in this application are filed herewith.
2. The date of service of the writ was [date].
Dated:
[signature of defendant / defendant's legal practitioner]
* Delete if not applicable.
FORM 2–4C—APPLICATION FOR LEAVE TO COMMENCE MORE THAN ONE PROCEEDING
ON 2 OR MORE BILLS
Rule 4.05
IN THE COUNTY COURT
OF VICTORIA Court ref:
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
APPLICATION FOR LEAVE TO COMMENCE MORE THAN ONE PROCEEDING ON 2 OR MORE BILLS
(Instruments Act 1958)
PARTICULARS OF APPLICATION
THE PLAINTIFF seeks the leave of the Court to commence the following further proceeding under the Instruments Act 1958 against [name of defendant].
The following is a copy of the proposed writ in the further proceeding—
[Here attach copy of proposed writ]
The plaintiff has previously commenced the following proceedings(s) under the Instruments Act 1958 in respect of matured bills against the defendant—
[Here set out details of the proceeding(s) and in respect of each proceeding include its title, relevant court reference, amount claimed and amount outstanding]
Dated:
[signature]
FORM 2–8A—IRREVOCABLE GUARANTEE
Rule 8.03
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
BETWEEN
A.B. Plaintiff
*and
*C.D. Defendant
IRREVOCABLE GUARANTEE
The [name of bank] of [address] undertakes to hold itself responsible for the payment into Court of [amount] ordered to be paid by the *plaintiff/*defendant in the above matter by order of His/Her Honour
*Judge /*Associate Judge on [date of order].
The bank acknowledges that this undertaking can be amended or revoked only with the leave of the Court or discharged by payment of the sum of
[amount] into Court.
Dated:
*[sealed by the bank] / *[signed by an officer of the bank
authorised in writing]
* Delete if not applicable.
FORM 2–8B—NOTICE OF DISCHARGE AND PAYMENT INTO COURT
Rule 8.04(2)(b)
[heading as in Form 2–8A]
NOTICE OF DISCHARGE AND PAYMENT INTO COURT
The [name of bank] of [address] which guaranteed the payment of [amount] into Court on behalf of the *plaintiff/*defendant in the above matter hereby discharges the guarantee and pays into Court the total sum of money so guaranteed.
Dated:
*[sealed by the bank] / *[signed by an officer of the bank
authorised in writing]
* Delete if not applicable.
FORM 2–10A—APPLICATION FOR RESTRAINING ORDER
Rules 10.06(1), 10.08(2)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the *Confiscation Act 1997
and
IN THE MATTER of *an accused, XY [name in full]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION [INSERT RELEVANT
PROVISION OF SECTION 16 OF CONFISCATION ACT 1997]
FOR RESTRAINING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under
* section *16(1)/*16(2) of the Confiscation Act 1997 ("the Confiscation Act") FOR A RESTRAINING ORDER in respect of property in which the said XY has an interest or which is tainted property within the meaning of the Confiscation Act.
* section 16(2A) of the Confiscation Act 1997 FOR A SERIOUS DRUG OFFENCE RESTRAINING ORDER in respect of property where—
* a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that—
(i)within the next 48 hours a person will be charged with a serious drug offence; and
(ii)that person has an interest in the property.
* a person has been charged with a serious drug offence and that person has an interest in the property.
* a person has been convicted of a serious drug offence and that person has an interest in the property.
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* XY has been charged with
* within the next 48 hours, XY will be charged with
* XY has been convicted of
* a police officer or an authorised person believes that within the next 48 hours XY will be charged with
[state offence and, if relevant, details of conviction]
and that offence is—
* a Schedule 1 offence within the meaning of the Confiscation Act.
* a Schedule 2 offence within the meaning of the Confiscation Act.
* a serious drug offence within the meaning of the Confiscation Act.
2. THE APPLICANT is—
* the Director of Public Prosecutions.
* a prescribed person.
* a person belonging to a prescribed class of persons, namely [identify class].
3. THE APPLICATION IS IN RESPECT OF the following property or interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or interest in property the subject of the order will be available—
* to satisfy any forfeiture order that may be made under Division 1 of Part 3 of the Confiscation Act.
* to satisfy automatic forfeiture of property that may occur under Division 2 of Part 3 of the Confiscation Act.
* to satisfy automatic forfeiture of property that may occur under Division 4 of Part 3 of the Confiscation Act.
* to satisfy any pecuniary penalty order that may be made under Part 8 of the Confiscation Act.
* to satisfy any order for restitution or compensation that may be made under the Sentencing Act 1991.
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time]/*after sentence.
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10AB—APPLICATION FOR CIVIL FORFEITURE RESTRAINING ORDER
Rule 10.06(2)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of property a *police officer/*person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds is tainted property in relation to a Schedule 2 offence
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 36K FOR CIVIL FORFEITURE RESTRAINING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 36K of the Confiscation Act 1997 ("theConfiscation Act") FOR A CIVIL FORFEITURE RESTRAINING ORDER in respect of property that a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds is tainted property.
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property in respect of which the application is made is tainted property.
2. THE APPLICANT is—
* the Director of Public Prosecutions.
* a prescribed person.
* a person belonging to a prescribed class of persons, namely [identify class].
3. THE APPLICATION IS IN RESPECT OF the following property or interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or interest in property the subject of the order will be available to satisfy any civil forfeiture order that may be made under Division 2 of Part 4 of the Confiscation Act.
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time].
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10AC—APPLICATION FOR UNEXPLAINED WEALTH RESTRAINING ORDER
Rule 10.06(3)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of property *of a person who a police officer suspects on reasonable grounds has engaged in serious criminal activity/*which a police officer suspects on reasonable grounds was not lawfully acquired/*of a person who a police officer suspects on reasonable grounds has wealth in excess of their lawfully obtained wealth
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 40F
FOR UNEXPLAINED WEALTH RESTRAINING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section *40F(1)/*40F(2)/*40F(2A) of the Confiscation Act 1997 ("the Confiscation Act") FOR AN UNEXPLAINED WEALTH RESTRAINING ORDER in respect of property.
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because a police officer suspects on reasonable grounds—
* in accordance with section 40F(1) of the Confiscation Act, that—
(a)a person has engaged in serious criminal activity; and
(b)that person has an interest in the property that is the subject of the application; and
(c)in the case of property located outside Victoria—that serious criminal activity occurred within Victoria; and
(d)the total value of the property is $50 000 or more.
* in accordance with section 40F(2) of the Confiscation Act, that—
(a)the property was not lawfully acquired; and
(b)either—
(i) the property is located in Victoria; or
(ii) the person who has acquired the property is ordinarily resident in Victoria.
* in accordance with section 40F(2A) of the Confiscation Act having regard to the matters set out in section 40ZAAC of that Act, that—
(a)a person has wealth that exceeds their lawfully acquired wealth; and
(b)the total value of the wealth that is not lawfully acquired is $200 000 or more; and
(c)the person has an interest in the property sought to be restrained.
2. THE APPLICANT is—
* the Director of Public Prosecutions.
* an appropriate officer within the meaning of the Confiscation Act.
3. THE APPLICATION IS IN RESPECT OF the following property or interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or interest in property the subject of the order will be available to satisfy any forfeiture under Division 2 of Part 4A of the Confiscation Act.
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time].
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10B—NOTICE OF APPLICATION
Rule 10.08(3)
[heading as in Form 2–10A]
NOTICE OF APPLICATION MADE UNDER *SECTION 16/ *SECTION 36K/*SECTION 40F
TO: [name and address of person(s) to whom this notice is to be given]
TAKE NOTICE THAT APPLICATION HAS BEEN MADE to the County Court of Victoria under *section 16 of the Confiscation Act 1997 for a restraining order/*section 36K of the Confiscation Act 1997 for a civil forfeiture restraining order/*section 40F of the Confiscation Act 1997 for an unexplained wealth restraining order in respect of certain property or an interest in certain property belonging to [name in full].
A copy of the application is attached.
THIS NOTICE is given to you as a person who may have an interest in the property which is the subject of the application. This Notice is given by the Applicant pursuant to an order of the County Court made in this proceeding on [date].
THE HEARING of this application will be resumed by the Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time]/*after sentence.
[signature of Registrar]
AS A PERSON TO WHOM THIS NOTICE IS GIVEN—
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence will not prevent the Court from making the order which is being sought.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the resumed hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
Dated:
[signature of Applicant]
NOTE:If a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order is made under the Confiscation Act 1997 then in certain events the property or interest in property in respect of which the order is made may be taken by the State and any interest you have in that property may be lost.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10C—APPLICATION FOR EXCLUSION ORDER
Rule 10.09(1)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of an accused, XY [name in full]
BETWEEN:
AB Applicant
and
CD Respondent
APPLICATION UNDER SECTION *20/*36U/*40R
FOR EXCLUSION ORDER
TO: [name and address of the person(s) on whom this application is to be served]
("the Respondent(s)")
[name of the person making the application] ("the Applicant") APPLIES under
*section 20 of the Confiscation Act 1997 ("the Confiscation Act") for an order under section *21/*22/*22A of the Act excluding from a restraining order a certain interest or interests in property.
*section 36U of the Confiscation Act for an order under section 36V of the Act excluding from a civil forfeiture restraining order a certain interest or interests in property.
*section 40R of the Confiscation Act for an order under section 40S of the Act excluding from an unexplained wealth restraining order a certain interest or interests in property.
THE ADDRESS FOR SERVICE of the Applicant is [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order sought arises because—
* a restraining order has been made under section 18 of the Confiscation Act
* a civil forfeiture restraining order has been made under section 36M of the Confiscation Act in relation to the property of [name in full]
* an unexplained wealth restraining order has been made under section 40I of the Confiscation Act in relation to the property of [name in full]
on the application of [name of applicant for restraining order, civil forfeiture restraining order or unexplained wealth restraining order, as the case requires].
2. THE APPLICANT is a person claiming the following interest or interests in property which is otherwise subject to the *restraining order/*civil forfeiture restraining order/*unexplained wealth restraining order: [describe in detail the interest or interests in property in respect of which exclusion is sought].
3. THE RESPONDENT(S) to this application is/are—
* a person who the Applicant has reason to believe has an interest in property in respect of which exclusion is sought.
* the applicant for the abovementioned *restraining order/*civil forfeiture restraining order/*unexplained wealth restraining order.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*5. [In the case of an application under section 20 of the Confiscation Act] PURSUANT TO section 20(2A) of the Confiscation Act, included with this application is documentary evidence of a transaction or transactions relating to the transfer of property alleged by the Applicant to have occurred that would support the application, namely [list the documentary evidence included with the application].
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time or occasion].
[signature of Registrar]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS SERVED
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
Rule 10.09(7)
[heading as in Form 2–10C]
APPLICATION UNDER SECTION 45A
FOR RELIEF FROM AUTOMATIC FORFEITURE OF PROPERTY OF SERIOUS DRUG OFFENDER
TO: [name and address of the person(s) on whom this application is to be served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section 45A of the Confiscation Act 1997 ("theConfiscation Act") FOR an order that an amount referred to in section 45A(4) of the Act [specify amount] be paid to [name of payee, being a dependant of a serious drug offender] out of the proceeds of the sale of the forfeited residence for the purpose of securing new accommodation.
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1.THE JURISDICTION to make the order(s) sought arises because the residence of XY (a serious drug offender) has been forfeited under section 36GA of the Confiscation Act.
2.THE APPLICANT *is/*is not a person under the age of 18 years and is a dependant of XY.
3.THE RESPONDENT to this application is *the Minister/*a person prescribed for the purposes of section 44(1) of the Confiscation Act.
4.THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time or occasion].
[signature of Registrar]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS SERVED
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10H—APPLICATION UNDER PART 6 OF THE CONFISCATION ACT 1997 FOR EXCLUSION ORDER
Rule 10.09(8)
[heading as in Form 2–10C]
APPLICATION UNDER PART 6 OF THE CONFISCATION ACT 1997 FOR EXCLUSION ORDER
TO: [name and address of the person(s) on whom this application is to be served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section *49/*51/*53 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE EXCLUSION FROM FORFEITURE of the following interest in property: [describe in detail the interest in property which it is sought to have excluded from forfeiture]
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1.THE JURISDICTION to make the order(s) sought arises because certain property—
* has been forfeited, or is sought to be forfeited, under a forfeiture order.
* has been forfeited under section 35 of the Confiscation Act.
* has been forfeited under section 36GA of the Confiscation Act.
2.THE APPLICANT is—
*(a) [in the case of an application under section 49] a person (other than the accused) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited.
*(b) [in the case of an application under section 51 or 53] a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited.
3. THE RESPONDENT(S) to this application is/are—
* the applicant for the forfeiture order.
* [in the case of an application under section 51 or 53] the Director of Public Prosecutions.
* a person who the Applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited.
* a person prescribed for the purposes of section 44(1) of the Confiscation Act.
4.THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time or occasion].
[signature of Registrar]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS SERVED
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
** * * *
Note
There is no Form 2–10I.
FORM 2–10J—APPLICATION FOR PECUNIARY PENALTY ORDER
Rule 10.09(9)
[heading as in Form 2–10C]
APPLICATION UNDER SECTION 58
FOR PECUNIARY PENALTY ORDER
TO: [full name and address of XY]
("the Respondent")
[name of the person making the application]
("the Applicant")
APPLIES FOR A PECUNIARY PENALTY ORDER under section 58 of the Confiscation Act 1997 ("the Confiscation Act").
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1.THE JURISDICTION to make the order(s) sought arises because XY has been convicted of the offence of [describe the offence] which, within the meaning of the Confiscation Act, is—
* a Schedule 2 offence.
* a Schedule 1 offence other than a Schedule 2 offence.
2.THE APPLICANT is the Director of Public Prosecutions.
3.THE RESPONDENT to this application is the person who has been convicted of the offence described above.
4.THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*5.THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived.
*THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time or occasion].
[signature of Registrar]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS SERVED
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
** * * *
Note
There is no Form 2–10K.
FORM 2–10L—APPLICATION UNDER SPECIFIED SECTION OF THE CONFISCATION
ACT 1997
Rule 10.09(10)
[heading as in Form 2–10C]
APPLICATION TO BE MADE UNDER
SECTION [INSERT NUMBER] OF THE
CONFISCATION ACT 1997
TO: [name and address of the person(s) on whom this application is to be served]
("the Respondent(s)")
[name of the person making the application]
("the Applicant")
APPLIES under section [number] of the Confiscation Act 1997 FOR THE FOLLOWING ORDER(S)—
[set out in detail the order(s) sought]
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1.THE JURISDICTION to make the order(s) sought arises because [set out circumstances giving rise to the jurisdiction].
2.THE APPLICANT is [describe the standing of the Applicant to make the application].
3.*THE APPLICATION IS IN RESPECT OF the following property or interest in property—[describe the property or interest in detail].
4.THE RESPONDENT(S) to this application is/are—
[identify the respondent(s) and state in what capacity each is named as respondent(s)].
5.THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application].
*THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] at [time or occasion].
[signature of Registrar]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS SERVED
1.You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.
2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 2–10LA of Chapter II of the Rules of the County Court. This notice is to be given not later than two days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10LA—NOTICE OF CONTEST OF APPLICATION
Rule 10.11(1) and (2)
[heading as in Form 2–10C]
NOTICE OF CONTEST OF APPLICATION
TO: [full name and address of applicant]
TAKE NOTICE THAT [full name of the person intending to contest the application] INTENDS TO CONTEST the application in this proceeding.
THE GROUNDS on which this application is to be contested are as follows—
[set out in detail the grounds on which the application is to be contested]
1.
2.
3.
THE ADDRESS FOR SERVICE of the person intending to contest the application is: [address]
[If the person is legally represented] The name or firm and the business address within Victoria of the solicitor for [full name of person] is:
Dated:
[signature]
FORM 2–10M—NOTICE OF RESTRAINING ORDER
Rule 10.13(2)
[heading as in Form 2–10A]
IMPORTANT NOTICE
TO: [name and address of person being served with copy of restraining order]
Enclosed is a copy of *a restraining order/*a serious drug offence restraining order/*an unexplained wealth restraining order made by the County Court of Victoria on [date] in relation to the property of XY.
The restraining order was made under the Confiscation Act 1997. The Act provides for the automatic forfeiture of property that is the subject of the restraining order unless an application is made to the Court for an exclusion order.
[For a restraining order that is not an unexplained wealth restraining order or a serious drug offence restraining order]
*An application may be made under section 20 of the Act for an exclusion order under section 22 of the Act. Section 20 provides that the application must be made within 30 days after the service of this notice. That period may be extended by a court if the property has not already been forfeited.
[For a serious drug offence restraining order]
*An application may be made under section 20 of the Act for an exclusion order under section 22A of the Act. Section 20 provides that the application must be made within 30 days after the service of this notice. That period may be extended by a court if the property has not already been forfeited.
[For an unexplained wealth restraining order]
*An application may be made under section 40R of the Act for a section 40S exclusion order. Section 40R provides that the application must be made within 90 days after service of this notice. That period may be extended by a court if the property has not already been forfeited.
The Act also provides for applications to be made, in certain circumstances and within certain limited periods, for exclusion, discharge or other relief in respect of property after the property has been forfeited or has been made the subject of an application for forfeiture.
The circumstances in which the Court may make an exclusion order excluding property (including any interest in property) from the operation of a restraining order are set out in the Act.
IF YOU WISH TO MAKE AN APPLICATION FOR AN EXCLUSION ORDER, YOU MUST ACT PROMPTLY. YOU ARE STRONGLY ADVISED TO SEEK LEGAL ADVICE.
Dated:
[signature]
* Delete if not applicable.
FORM 2–10N—NOTICE OF DISCHARGE OF FORFEITURE
Rule 10.14(1)
IN THE COUNTY COURT OF VICTORIA Proceeding No.
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of an accused, XY [name in full]
NOTICE OF DISCHARGE OF FORFEITURE
TO: [name and address of person(s) to whom this notice is to be given]
TAKE NOTICE that—
*a forfeiture order which was made by the County Court of Victoria on [date] under Division 1 of Part 3 of the Confiscation Act 1997 has been discharged under section 46 of the Act
*the automatic forfeiture of property under Division 2
or Division 4 of Part 3 of the Confiscation Act 1997 has been discharged under section 47 of the Act*a civil forfeiture order made by the County Court of Victoria on [date] under Part 4 of the Confiscation Act 1997 has been discharged under section 48 of the Act
*the forfeiture under section 40ZA of the Confiscation Act 1997 of property the subject of an unexplained wealth restraining order has been discharged under section 48A of the Act
otherwise than by payment in accordance with section 56 or 57 of the Act.
THIS NOTICE is given by—
*[in the case of a forfeiture order or a civil forfeiture order,] the person on whose application the order was made.
*[in the case of automatic forfeiture,] the Director of Public Prosecutions.
THIS NOTICE is given to you as—
*a person who the person giving this notice has reason to believe may have had an interest in the property immediately before it was forfeited.
*a person to whom notice of the application for the civil forfeiture order was given under Part 4 of the Act.
*a person to whom, or as one within a class of persons to whom, the [name] Court has required that notice be given.
If you claim to have had an interest in the property immediately before it was forfeited, you may make an application to the Minister under section 55 of the Act for the return of the property or its value.
Dated:
[signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
** * * *
Note
There is no Form 2–10O.
FORM 2–10P—APPLICATION UNDER THE PROCEEDS OF CRIME ACT 2002 OF THE COMMONWEALTH FOR RESTRAINING ORDER
Rule 10.19(1) and (3)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of *an offender or alleged offender, XY [name in full]
*a suspect, CD [name in full]
*the property [insert details]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION [INSERT RELEVANT SECTION] OF THE PROCEEDS OF CRIME ACT 2002 FOR RESTRAINING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section *17/*18/*19/*20 of the Proceeds of Crime Act 2002 of the Commonwealth ("the Commonwealth Act") FOR A RESTRAINING ORDER in respect of property which may be the subject of a restraining order under that Act [insert relevant details].
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* XY has been charged with
* it is proposed that XY will be charged with
* XY has been convicted of an indictable offence within the meaning of the Commonwealth Act
[insert relevant details].
* there are reasonable grounds to suspect that XY has committed a serious offence within the meaning of the Commonwealth Act [insert relevant details].
* there are reasonable grounds to suspect that certain property is the proceeds of:
*a terrorism offence
*another indictable offence
*a foreign indictable offence
*an indictable offence of Commonwealth concern
within the meaning of the Commonwealth Act [insert relevant details].
* there are reasonable grounds to suspect that the property is an instrument of a serious offence within the meaning of the Commonwealth Act [insert relevant details].
* there are reasonable grounds to suspect that XY has committed *an indictable offence/*a foreign indictable offence and that XY has derived literary proceeds in relation to the offence [insert relevant details].
2. THE APPLICANT is—
* the Commonwealth Director of Public Prosecutions.
* the Commissioner of the Australian Federal Police.
3. THE APPLICATION IS IN RESPECT OF the following property or interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time]/*after sentence.
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10Q—APPLICATION UNDER THE PROCEEDS OF CRIME ACT 2002 OF THE COMMONWEALTH FOR AN UNEXPLAINED WEALTH RESTRAINING ORDER
Rule 10.19(2)
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of the property [insert details]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 20A OF THE
PROCEEDS OF CRIME ACT 2002 OF THE
COMMONWEALTH FOR AN UNEXPLAINED WEALTH RESTRAINING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 20A of the Proceeds of Crime Act 2002 of the Commonwealth ("the Commonwealth Act") FOR AN UNEXPLAINED WEALTH RESTRAINING ORDER in respect of property which may be the subject of an unexplained wealth restraining order under that Act [insert relevant details].
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because:
there are reasonable grounds to suspect that XY's total wealth within the meaning of the Commonwealth Act exceeds the value of XY's wealth that was lawfully acquired; and
there are reasonable grounds to suspect *the following/*both of the following:
* that XY has committed an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect within the meaning of the Commonwealth Act [insert relevant details];
* that the whole or any part of XY's wealth was derived or realised, directly or indirectly, from an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect within the meaning of the Commonwealth Act [insert relevant details].
2. THE APPLICANT is:
* the Commonwealth Director of Public Prosecutions.
* the Commissioner of the Australian Federal Police.
3. THE APPLICATION IS IN RESPECT OF the following property or interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application *and served with it [delete if application is made ex parte].
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time]/*after sentence.
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10R—APPLICATION UNDER THE PROCEEDS OF CRIME ACT 2002 OF THE COMMONWEALTH FOR MONITORING ORDER
Rule 10.20
IN THE COUNTY COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 219 OF THE
PROCEEDS OF CRIME ACT 2002 OF THE COMMONWEALTH FOR MONITORING ORDER
TO: the Registrar of the County Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 219 of the Proceeds of Crime Act 2002 of the Commonwealth ("the Commonwealth Act") FOR A MONITORING ORDER directing a financial institution to give to [insert details of enforcement agency] information in respect of transactions conducted during a particular period through an account held by [specify details of account].
THE ADDRESS FOR SERVICE of the Applicant is: [address]
PARTICULARS OF APPLICATION
1.THE APPLICANT is an authorised officer of an enforcement agency within the meaning of the Commonwealth Act.
2.THE APPLICATION IS IN RESPECT OF the following *account/*stored value card [insert relevant details].
3.THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application.
Dated:
[signature of Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the County Court, 250 William Street, Melbourne, on [date] *at [time]/*after sentence.
[signature of Registrar]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable.
FORM 2–10S—NOTICE OF CONTEST OF APPLICATION
Rule 10.22
[heading as in Form 2–10P]
NOTICE OF CONTEST OF APPLICATION UNDER PROCEEDS OF CRIME ACT 2002 OF THE COMMONWEALTH
TO: [full name and address of applicant]
TAKE NOTICE THAT [full name of the person intending to contest the application] INTENDS TO CONTEST the application in this proceeding.
THE GROUNDS on which this application is to be contested are as follows—
[set out in detail the grounds on which the application is to be contested]
1.
2.
3.
THE ADDRESS FOR SERVICE of the person intending to contest the application is: [address]
[If the person is legally represented] The name or firm and the business address within Victoria of the solicitor for [full name of person] is: [insert relevant details]
Dated:
[signature]
FORM 2–11AA—NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
Rule 11A.03
IN THE COUNTY COURT
OF VICTORIA
AT
The King
v.
[name of accused]
NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it.
Type of hearing: [insert details].
Date of hearing: [insert details].
The grounds on which this application is made are: [set out grounds].
Dated:
[signature]
FORM 2–11AB—NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
Rules 11A.04, 11A.05 and 11A.06
IN THE COUNTY COURT
OF VICTORIA
AT
The King
v.
[name of accused]
NOTICE OF APPLICATION UNDER
SECTION 42M, 42N OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
PART 1—PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link.
1.Type of hearing: [insert details].
2.Date of hearing: [insert details].
3.The grounds on which this application is made are: [set out grounds].
4.Is this application being made with the consent of the parties to the proceeding? [insert details]
5.If the answer to question 4 is No, what parties have not given consent? [insert details]
6.If the accused is in custody, do facilities exist for an audio visual link? [insert details]
Dated:
[signature]
PART 2—PARTICULARS OF HEARING
[to be completed by the Registrar]
The application will be heard before the Judge at the County Court, [venue], on [date] at [time] or so soon afterwards as the business of the Court allows.
FILED [date].
FORM 2–12A—AFFIDAVIT IN SUPPORT OF A SUMMONS TO DEBTOR
Rule 12.05(e)
IN THE COUNTY COURT
OF VICTORIA 20 No.
AT
AFFIDAVIT IN SUPPORT OF A SUMMONS TO DEBTOR
I, A.B., of [address] make oath and say, as follows:
1.On [date], I [name] obtained judgment in this Court for the sum of [amount] (and costs) against the defendant C.D., and the same is unsatisfied.
2.The amount of the judgment has been partly satisfied by the defendant by payment of the following amounts on the following dates, namely (or by such other means as the defendant has partly satisfied the judgment).
3.There is still due on the said judgment the sum of [amount].
4.[Set out whether any and if so, what form of execution on the judgment is still outstanding.]
5.The defendant C.D. lives at [address],
and carries on the business of a [type of business].
Sworn etc.
FORM 2–12B—CERTIFICATE OF PAYMENT
Rule 12.08
[heading as in Form 2–12A]
CERTIFICATE OF PAYMENT
I hereby certify that the said A.B., has paid into my hands the sum of [amount] in satisfaction of the sums mentioned in the Order for Commitment made herein on [date].
| Amount of Judgment (or Order) made on |
|
|
|
| Taxed (or Fixed) costs | $ | . | |
| Interest at the rate of | per centum |
|
|
| Cost of fruitless writs of execution and levies |
|
| |
| Costs of Summons to Debtor (and examination) | $ | . | |
| $ | . | ||
Dated:
Registrar
FORM 2–16A—NOTICE OF APPLICATION BY A CHILD'S PARENT FOR APPROVAL OF A PROPOSED CHANGE OF NAME OF A CHILD
Rule 16.02(1)(a)
IN THE COUNTY COURT
OF VICTORIA
AT
BETWEEN
A.B. Applicant
and
C.D. Respondent
NOTICE OF APPLICATION BY A CHILD'S PARENT FOR APPROVAL OF A PROPOSED CHANGE OF NAME OF A CHILD
(Section 26(4) of the Births, Deaths and Marriages Registration Act 1996)
PART 1—PARTICULARS OF APPLICATION
To the Respondent—
1. TAKE NOTICE that the applicant, a parent of [set out full name[s] of child/children whose name[s] is/are sought to be changed] intends to apply to the Court for approval for the name[s] of—
[insert name[s] of child/children]
to be changed to—
[insert proposed name[s] for child/children].
2. The Respondent is the other parent of the child/children referred to in paragraph 1.
[If approval is sought for changing the name of more than one child and the Respondent is not the other parent of that child, a separate application must be made]
Date
[signature]
PART 2—PARTICULARS OF HEARING
(to be completed by the Registrar)
The application will be heard before the Judge/Associate Judge at the County Court, 250 William Street, Melbourne, on [date]
at [time] or so soon afterwards as the business of the Court allows.
FILED [date].
FORM 2–16B—AFFIDAVIT IN SUPPORT OF APPLICATION FOR APPROVAL OF A PROPOSED CHANGE OF NAME OF A CHILD
Rule 16.02(1)(b)
[heading as in application]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR APPROVAL OF A PROPOSED CHANGE OF
NAME OF A CHILD
1.I, [name of applicant], c/o the Registrar, County Court at [venue] [or address of applicant], [occupation], am a parent of [insert full name[s] of child/children whose name[s] *is/*are sought to be changed].
2.The date of birth of [name of child] is—
[Insert extra name[s] and dates[s] of birth if application is for more than one child and the Respondent is the other parent of the other child/children]
3.The other parent of the *child/*children is the Respondent in these proceedings whose full name and address is—
[Insert details]
*4.That I was married to the Respondent at [place] on [date].
or
*4.That I had a de facto relationship with the Respondent from [date].
5.That I last resided with the Respondent on [date].
6.[If applicable] That I was divorced from the Respondent in the Family Court of Australia at [place] on [date].
7.I *have made/*can make the following attempts to contact the Respondent about this application—
[Insert details]
8.The Respondent last *had/*sought personal contact with the *child/*children on—
[Insert details]
9.The Respondent last contributed to the financial support of the *child/*children on [date].
*10.The following order was made by the [name of Court] at [place] on [date] with respect to the *residence of and parental contact with/ *custody of and access to the *child/*children—
or
*10.No Court orders have been made with respect to the residence of and *parental contact with/*custody of and access to the *child/*children.
11.I believe that it is in the best interests of the *child/*children that the name[s] of the *child/*children be changed for the following reasons—
[Set out reasons]
* Delete if not applicable.
Sworn etc.
FORM 2–16C—ORDER APPROVING A PROPOSED CHANGE OF NAME FOR A CHILD
Rule 16.03
ORDER APPROVING A PROPOSED CHANGE OF NAME FOR A CHILD
JUDGE [or ASSOCIATE JUDGE]:
DATE MADE:
HOW OBTAINED:
Application dated [date] supported by affidavit sworn [date].
ORDER:
The Court being satisfied that the proposed change of name is in the child's best interests APPROVES of the proposal of the applicant that the name of [full name of child] who was born on [date] be changed to [proposed name].
[If order is for approval for changing the names of more than one child, a separate order is required for each child].
FORM 2–16D—NOTICE OF APPLICATION
Rule 16.04
IN THE COUNTY COURT
OF VICTORIA Court ref:
AT
BETWEEN
A.B. Applicant
and
C.D. Respondent
NOTICE OF APPLICATION
(Section [number] of the Births, Deaths and Marriages Registration Act 1996)
PART 1—PARTICULARS OF APPLICATION
*To the Respondent—
TAKE NOTICE that the applicant intends to apply to the Court for the following orders under the above Act—
[set out orders sought]
PART 2—PARTICULARS OF HEARING
(to be completed by the Registrar)
The application will be heard before the Judge/Associate Judge at the County Court, 250 William Street, Melbourne, on [date]
at [time] or so soon afterwards as the business of the Court allows.
FILED [date].
* Delete if no respondent.
FORM 2–19A—APPLICATION TO SET ASIDE ORDER
STRIKING OUT APPEAL FOR FAILURE TO APPEAR
Rule 19.01
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
THIS MATTER WAS LISTED ON: [date]
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.: Email address:
Address for service:
*I have Legal Representation [complete below]
*I do not have Legal Representation
*I represent the applicant
Firm: Practitioner's Name:
Solicitor Code: Ref.:
TO the Registrar of the County Court at:
AND TO the Respondent: [name] of [address]
An appeal was lodged against a decision of the Magistrates' Court at [place] on [date].
The Magistrates' Court reference number is
The applicant wishes to apply for an order to set aside the order striking out the applicant's appeal for the applicant's failure to appear made by the County Court on [date].
Reasons for application
The application is made on the grounds that the failure to appear was not due to fault or neglect on the applicant's part. The reasons are: [give details]
Dated:
[signature of applicant / applicant's legal practitioner]
The filing of this application does not stay the original order.
LISTING OF APPLICATION
This application is listed for hearing before the County Court at [place] at [time] on [date].
Dated:
Registrar/Deputy Registrar
* Delete if not applicable.
SCHEDULE 1—REVOKED STATUTORY RULES
Rule 1.05
| S.R. No | Title |
| 56/2009 | County Court Miscellaneous Rules 2009 |
| 177/2014 | County Court (Chapter II Vexatious Proceedings Amendments) Rules 2014 |
| 35/2015 | County Court (Chapter II Arbitration and Other Amendment) Rules 2015 |
| 5/2017 | County Court (Chapter II Confiscation Amendment) Rules 2017 |
| 34/2018 | County Court (Chapter II Family Violence Protection Amendment) Rules 2018 |
Dated: 17 April 2019
| P. B. KIDD, Chief Judge | P. G. MISSO |
| R. A. LEWITAN | K. L. BOURKE |
| S. M. COHEN | P. M. E. WISCHUSEN |
| M. E. SEXTON | P. G. LACAVA |
| F. E. HOGAN | F. R. GUCCIARDO |
| I. E. LAWSON | F. SACCARDO |
| E. M. GAYNOR | K. E. KINGS |
| P. J. COISH | M. H. TINNEY |
| W. A. WILMOTH | G. T. CANNON |
| F. MILLANE | M. E. DEAN |
| S. S. DAVIS | R. H. SMITH |
| F. P. HAMPEL | M. F. MACNAMARA |
| J. G. MORRISH | D. G. BROOKES |
| L. A. HANNAN | J. A. JORDAN |
| M. D. MURPHY | C. J. RYAN |
| C. M. O'NEILL | P. J. COSGRAVE |
| R. W. DYER | P. HIGHAM |
| S. L. HINCHEY | T. E. WRAIGHT |
| S. L. MARKS | J. CONDON |
| E .W. WOODWARD | S. K. DAWES |
| C. R. GWYNN | D. A. SEXTON |
| D. TRAPNELL | M. E. MARICH |
| A. M. RYAN |
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The County Court Miscellaneous Rules 2019, S.R. No. 28/2019 were made on 17 April 2019 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 May 2019: rule 1.04.
The County Court Miscellaneous Rules 2019 will sunset 10 years after the day of making on 17 April 2029 (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 Miscellaneous Rules 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 10–13 on 25.10.22: 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 10, 11 on 4.12.23: rule 3
County Court (Chapter II Confiscation Amendment) Rules 2025, S.R. No. 75/2025
Date of Making: 6.8.25 Date of Commencement: 20.8.25: rule 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Rule 1.06 def. of Chapter I: S.R. No. 170/2018.
0
0
0