Magistrates' Court Civil Procedure (Amendment No. 1) Rules 1999 (Vic)
Magistrates' Court Civil Procedure (Amendment
No. 1) Rules 1999
S.R. No. 121/1999
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Judgment creditor to serve copy of proposed record of examination 1 6. Attachment of earnings notice 2 7. Extent of employers liability under an attachment of earnings order 2 8. Notice to judgment creditor 2 9. Statement of affairs by corporation 2 10. Statement of affairs by corporation 2 11. Statement of affairs by corporation 2 12. New Rule 35.02.1 3 35.02.1 Registrar's power of amendment 3 13. Amendment of Forms 27D and 27E 3 14. Substitution of Forms 27CC and 27CD 3 15. New form of attachment of earnings order 15 16. Substituted Forms 28A, 28B and new Form 28BA 17 17. Amendments to Appendix A 28
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NOTES 30
i
STATUTORY RULES 1999
S.R. No. 121/1999
Magistrates' Court Act 1989
Magistrates' Court Civil Procedure (Amendment
No. 1) Rules 1999
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
1. Object
The object of these Rules is to make miscellaneous amendments to the Principal Rules.
2. Authorising provisions
These Rules are made under section 16 of the enabling powers.
3. Commencement
These Rules come into operation on 1 January
2000.
4. Principal Rules
In these Rules the Magistrates' Court Civil
Procedure Rules 19991 are called the Principal
Rules.5. Judgment creditor to serve copy of proposed record of examination
After Rule 27.12.1(2) of the Principal Rules insert—
"(2A) The judgment creditor must serve a
summons under paragraph (1) and a copy of Form 27CC, or Form 27CD if the judgment
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debtor is a corporation, not less than 7 days before the day fixed for the examination.".
6. Attachment of earnings notice
Rules 27.19(2) and (3) of the Principal Rules are revoked.
7. Extent of employers liability under an attachment of earnings order
After Rule 27.20(1.1) of the Principal Rules insert—
"(1.2) If at the time of an application under
paragraph (1.1) the judgment debtor is not
employed by the employer against whom an
order is sought to be made, any order against
the employer must not exceed the normal
deductions that ought to have been deducted
by the employer under a binding order under
paragraph (1) whilst the judgment debtorwas employed by that employer.".
8. Notice to judgment creditor
(1) In Rule 27.24(2) of the Principal Rules after
"registrar" insert "and the judgment creditor".
(2) In Rule 27.24(3) of the Principal Rules after
"registrar" insert "and the judgment creditor".
9. Statement of affairs by corporation
In Rule 28.02 of the Principal Rules, in paragraph (b), after "Form 28B" insert "or in Form 28BA if the judgment debtor is a corporation".
10. Statement of affairs by corporation
In Rule 28.03(1) of the Principal Rules, in paragraph (b), after "Form 28B" insert "or in Form 28BA if the judgment debtor is a corporation".
11. Statement of affairs by corporation
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 14 In Rule 28.05 of the Principal Rules, in paragraph (b), after "Form 28B" insert "or in Form 28BA if the judgment debtor is a corporation".
12. New Rule 35.02.1
After Rule 35.02 of the Principal Rules insert—
"35.02.1 Registrar's power of amendment
(1) At the request of a party made before service
of a complaint, the registrar may amend the
complaint.
(2) The registrar must record on the complaint
the date of any amendment.".
13. Amendment of Forms 27D and 27E
(1) In Form 27D to the Principal Rules, for—
"(b) [amount] costs incurred subsequent to order;
(c) [amount] interest to date."
substitute—
"(b) [amount] costs of this attachment application;
(c) [amount] other costs incurred subsequent to order;(d) [amount] interest to date.".
(2) In Form 27E to the Principal Rules, for—
"(b) [amount] costs incurred subsequent to order;
(c) [amount] interest to date."
substitute—
"(b) [amount] costs of this attachment application;
(c) [amount] other costs incurred subsequent to order;(d) [amount] interest to date.".
14. Substitution of Forms 27CC and 27CD
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| r. 14 | S.R. No. 121/1999 |
For Forms 27CC and 27CD of the Principal Rules substitute—
"RULE 27.12.1 FORM 27CC
EXAMINATION OF A JUDGMENT DEBTOR
[heading as in Form 4A]
[name of person being examined], having been sworn, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.
Column 1 Column 2 Questions Answers 1. What is your full name?
2. What is your date of birth?
3. What is your home address and phone number?
Do you own, rent or board at this address?
Give name, address and phone number of the estateagent or landlord.
4. Do you propose to change your address in the near
future? If so, state the new address.
5. Are you single, married or living in a defacto
relationship?
6. How many dependents do you have in your care?
What is their relationship to you and what are their
ages? 7. Do you own or are you buying any land or building? If yes, give details, including—
(a) address(es); (b) value;
(c) mortgage (naming financier and balance due);
(d) 2nd mortgage (naming financier and balance due);
(e) caveat(s);
Column 1 Column 2 Questions Answers
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1999
S.R. No. 121/1999 r. 14
(f) when did you buy the property? (g) what was the price paid? (h) are you buying the land or building with any other person?
(i) if yes, give the name and address of that other
person;
(j) are you intending to sell the land or building? 8. Do you own or are you buying a motor vehicle?
If yes, give details, including—
(a) the make;
(b) the model; (c) the condition of the motor vehicle; (d) is the motor vehicle registered? If yes, what is the registration number?
(e) is the vehicle subject to finance? If yes, state—
—the name of the financier;
—account reference number;
—how much is owing?
—when will payments be finalised?
(f) value.
Repeat the above information for all extra vehicles.9. Are you owed any money? If yes, give details,
including—
(a) who owes you the money; (b) the address, telephone number and reference of the person or company;
(c) how much is owed? (d) what circumstances give rise to that indebtedness?
(e) when is the debt due and payable to you? 10. Are you employed? If yes, give details—
(a) the position you hold?
Column 1 Column 2 Questions Answers (b) the name of your employer?
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(c) the address and telephone number of your employer?
11. What income do you receive after tax and
compulsory superannuation is deducted?
What is the nature of this income(e.g. wages,
salary, commission, benefit, etc.)?
Is this income received weekly, fortnightly,
monthly, or otherwise?
Do you receive overtime or other allowances?
If you are unemployed, what is your source of
income? (e.g. sole parent benefit, disabilitypension, WorkCover)?
12.
(a) If unemployed, how long have you been unemployed?
(b) What is the name of your previous employer? (c) Will you be starting employment in the near future? If so, give details.
13. What other source of income do you have?
Give details of all sources and amounts (e.g. part-
time work, casual work, dividends, rent, etc.).
14. Have you any accounts at any bank/building
society/credit union, etc.? If yes, give details of
each account—
(a) name and address of financial institution; (b) name of account; (c) type of account; (d) account number; (e) present balance of account. If account is not held solely by you, state
name/address/phone number of each other person
with whom the account is jointly held.
15. How much cash money do you have readily
available?
Column 1 Column 2 Questions Answers 16. Have you any personal property or assets not
previously mentioned? If so, give details,
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 14 including—
investments, shares, debentures;
superannuation, life insurance policy;
motor boats, caravans, trailers (give descriptions ofthe boat, caravan, trailer including the registration
number and value)
If any of this personal property or asset is held with
another person, give the name and address of the other
person.17. Give details of your expenses calculated on a
weekly basis, including—
(a) rent/mortgage/board; (b) food; (c) gas/electricity; (d) clothing;
(e) loan repayments etc. (give details of each
loan and the balance owing) Balance $
(f) credit card repayments; (give details of each
card and the balance owing) Balance $ (g) house and contents insurance; (h) municipal and water rates; (i) telephone;
(j) car expenses; (including registration, insurance and maintenance)
(k) fuel expenses of running your motor vehicle; (l) education expenses; (m) medical/dental/pharmaceutical;
(n) entertainment expenses; (o) other (and what) expenses. Total: $____________ Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute? $____________ Column 1 Column 2 Questions Answers 18. Are there any other unpaid court orders/fines
against you? If so, give details including—
(a) name/address/phone number of party to
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whom money is owed;
(b) date of court order; (c) amount outstanding; (d) court and reference number (if any). 19. What other moneys do you owe, not previously
mentioned?
20. Are you an owner or do you have an interest in any
business? If yes, give details, including—
(a) What is the name of the business? Is it a registered business name?
Is there an ACN and if so what is the ACN?
(b) If you have partners give the full name and address of each partner and state each
partner's percentage share (including your
own) of the business;
(c) If a private company, state the number of shares you hold and give the name and
address and number of shares of each other
shareholder;
(d) What is the value of the goodwill of the business?
When was the goodwill last valued?
(e) What assets does the business have? Give details of all—
(i) real estate, listing—
(a) locations (addresses) (b) values (c) mortgages; (ii) plant and equipment (not included
elsewhere) listing—
(a) a description
Column 1 Column 2 Questions Answers
(b) locations (c) values (d) are there any claims against these items (e.g. finance, etc.);
(iii) motor vehicles, listing for each—
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
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S.R. No. 121/1999
(a) make/model/condition (b) registration number (c) lease or other finance details (d) value; (iv) stock (not included elsewhere), listing—
(a) a description (b) locations (address) (c) values (d) are there any claims against these
items (e.g. finance, etc.);
(v) other deposits, investments, shares and
debentures giving for each details of
value and in what business/corporation/
firm;(vi) forward orders and/or pending contracts; (vii) trademarks, labels, intellectuals property.
21. Do you have an offer to pay this debt?
22. Have you paid any of the amount ordered? If so,
how much and when?
[Signature]
Recorded at
this / /before me:
[Signature of Registrar]
I order the judgment debtor to pay the sum of $ being the costs of this examination.
Filing fee $ Hearing fee $ Conduct money $ Service fee (including attempt(s) and travelling) $ Professional costs $ TOTAL $
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| r. 14 | S.R. No. 121/1999 |
[Signature of Registrar]
IMPORTANT
PRE-EXAMINATION INFORMATION
To the judgment debtor
You have been served with a Summons to Attend for Oral Examination
(Form 27CA) and an Examination Sheet (Form 27CC).
The Examination Sheet sets out the questions you will be asked. It may
assist you to complete the answers to the questions before the examination is
conducted. You will not have to swear that the answers on this Examination Sheet are true until the examination is conducted. Care must be taken to provide complete and accurate answers as you will be
required to take an oath as to the accuracy of the answers on the day of the
examination and the information you provide will be forwarded to the
judgment creditor/judgment creditor's solicitors.If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's solicitor.
_______________
RULE 27.12.1 FORM 27CD
EXAMINATION OF AN OFFICER OF A JUDGMENT
DEBTOR WHICH IS A CORPORATION
[heading as in Form 4A]
[name of person being examined], an officer of the judgment debtor
corporation, having been sworn, has answered the questions set out in
Column 1 below in the manner set out in Column 2 below.
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
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S.R. No. 121/1999 r. 14 r. 14
Column 1 Column 2 Questions Answers 1. What is your full name?
2. What is your address?
3. What position do you hold in the judgment debtor
corporation?
4. What is the address of the registered office of the
corporation?
5. Is the corporation—
(a) registered; or
(b) deregistered— at the Australian Securities and Investment
Commission?
6. Is the corporation still trading? If not, when did it
last trade?
7. What is the nature of the business of the
corporation?
8. At what addresses does the corporation carry on
business? If the premises are leased, give details
of—
(a) the name of the landlord; (b) the expiration date of the lease. 9. What is the corporation's average weekly turnover?
10. Is the company owed any money? If yes, give
details including—
(a) who owes the money?
Column 1 Column 2 Questions Answers (b) the address, telephone number and reference of the person or company;
(c) how much is owed? (d) what are the circumstances that give rise to the indebtedness?
(e) when is the debt due and payable to the corporation? (give details).
11. Give details of the corporation's accounts at any
bank/building society/credit union/etc. For each
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account give details, including—
(a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account. 12. Do you produce a balance sheet of the
corporation? If yes—
(a) is it the most up to date balance sheet available?
(b) does the balance sheet reflect the corporation's present position? (give
differences).
13. What other assets does the corporation have? Give
details of all—
(1) real estate, listing—
(a) locations (addresses); (b) values;
(c) mortgages (and financier).
(2) plant and equipment (not included else where) listing—
(a) a description; (b) locations (addresses); (c) values;
(d) are there any claims against these items (e.g. finance, etc.).
Column 1 Column 2 Questions Answers (3) motor vehicles, listing for each— (a) make/model/condition;
(b) registration number; (c) lease or other finance details; (d) value. (4) stock (not included elsewhere), listing—
(a) a description; (b) locations (address); (c) values;
(d) are there any claims against these items
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
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S.R. No. 121/1999 r. 14 (e.g. finance, etc.).
(5) other deposits, investments, shares and debentures, giving for each details of value and in what business/corporation/ firm. (6) forward orders and/or pending contracts. (7) trademarks, labels, intellectual property. 14. Is there a registered debenture over the assets of
the corporation?
If yes, identify the debenture holder, state when thedebenture was given and state the amount secured by the
debenture.15. Are there any other unpaid court orders/fines
against the corporation? If so, give details of each
court order/fine including—
(a) (for court orders) name/address/phone number of party to whom the money is
owed;
(b) date of court order/fine; (c) amount outstanding; (d) reference number (if any). 16. What other monies does the corporation owe, not
previously mentioned?
17. Has the corporation paid any/all of the amount
ordered? If so, how much and when?
Column 1 Column 2 Questions Answers 18. Do you produce a profit and loss statement for the
corporation? If yes—
(a) is it the most up to date profit and loss statement available?
(b) does the profit and loss statement reflect the corporation's present position? (detail
differences).
19. Does the corporation have a proposal to pay the
amount claimed by the judgment creditor?
[Signature]
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999
Recorded at
this / /Before me:
[Signature of Registrar]
I order the judgment debtor to pay the sum of $ being the costs of this examination.
Filing fee $ Hearing fee $ Conduct money $ Service fee (including attempt(s) and travelling) $ Professional costs $ TOTAL $
[Signature of Registrar]
IMPORTANT
PRE-EXAMINATION INFORMATION
To the officer of the judgment debtor corporation
You have been served with a Summons to Attend for Oral Examination
(Form 27CA) and an Examination Sheet (Form 27CD).
The Examination Sheet sets out the questions you will be asked. It may
assist you to complete the answers to the questions before the examination is
conducted. You will not have to swear that the answers on the
Examination Sheet are true until the examination is conducted.
Care must be taken to provide complete and accurate answers as you will be required to take an oath as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's solicitors.
If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 15 Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's solicitor.".
15. New form of attachment of earnings order
For Forms 27L, 27M and 27N of the Principal
Rules substitute—
'Rule 27.18(6) FORM 27L
ATTACHMENT OF EARNINGS ORDER
[heading as in Form 4A]
THE COURT ORDERS THAT:
1. [name] of [address], the employer of the [judgment debtor] ("the judgment debtor") on each pay day whilst this order is in force, subject to paragraph 2 of this order, deduct from the earnings of the judgment debtor, the sum of $ [amount per week/fortnight/month] ("the normal deduction rate") until a total sum of $ [amount] has been deducted and remit each payment made under this order to [name and address of person to whom payments are to be made].
2. The protected earnings rate, that is, the rate below which the earnings of the judgment debtor may not be reduced by a payment under this order, shall be $ [amount] per [week/fortnight/month].
3. A deduction on a pay day is only to be made if the net earnings of the judgment debtor exceed the protected earnings.
4. If any deduction is not made from the judgment debtor's earnings on any pay day (or is not made in full) by reason of the protected earnings rate, the employer shall make good such deduction from the excess of any
subsequent earnings of the judgment debtor.
5. The employer may deduct each pay day $ [amount] for clerical and administrative costs in complying with this order.
6. In the event that—
(a) you are not the employer of the judgment debtor; (b)
if you were the employer of the judgment debtor at the time of service of this order but have since ceased to be the employer—
you must give written notice of such fact (and the date you ceased to be the employer of the judgment debtor), to the registrar of the Magistrates' Court of Victoria at [venue] and to the judgment creditor at [address of
judgment creditor or judgment creditor's solicitor].
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BY THE COURT
Dated:
Registrar
NOTES:
1. The first deduction required to be made under this order is on the first pay day following 7 days after the day of service of this order.
2. "Earnings" attached by this order means, in relation to a judgment debtor—
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or (b) by way of pension, including— (i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolishment or relinquishment, or any diminution in the emoluments, of any office or employment—
but does not include any pension payable to the judgment debtor under the Commonwealth Acts known as the Social Security Act 1947 as amended from time to time, the Veterans' Entitlements
Act 1986 as amended from time to time or the Seamen's War
Pensions and Allowances Act 1940 as amended from time to time.
3. Where you are or have been served with two or more attachment of earnings orders, you are required to—
(a) comply with those orders according to the respective day on which they took effect and disregard a subsequent order until an earlier order has been complied with; and (b) comply with any order as if the earnings to which it relates were residue of the earnings of the judgment debtor after the making of any payment under an earlier order. 4. You are required to give the judgment debtor a notice specifying particulars of the payments made by you under this attachment of earnings order.
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 15 5. You are required to give the judgment debtor notice of any deductions made under paragraph 5 of this order.
WARNING:
1. It is an offence to fail to comply with an attachment of earnings order. 6 months imprisonment or both.
2. It is an offence to dismiss an employee or injure an employee or alter an employee's position to the prejudice of the employee because of the making of an attachment of earnings order or because of a requirement to make payments under an attachment of earnings order. The maximum penalty is 5 penalty units.
3. If you fail to comply with this order, the judgment creditor may apply to the court to have you the employer liable to pay the deductions.'.
16. Substituted Forms 28A, 28B and new Form 28BA For Forms 28A and 28B of the Principal Rules substitute—
"RULE 28.02 FORM 28A 28.03
APPLICATION
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA ATCourt Number Judgment Creditor
and
Judgment Debtor
An order was made at the Court on / / This application is for—
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
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S.R. No. 121/1999
* an instalment order; * an instalment order in substitution of a previous instalment order; * the variation of an instalment order (section 8); * the cancellation of an instalment order (section 8). 1. Details of Applicant (*Debtor/*Creditor)
Name: Address: Postcode
Telephone: Home Business
2. Details of Respondent (*Debtor/*Creditor)
Name:
3. State:
(a) amount ordered Claim $
Interest $ Costs $ Total (judgment debt) $
LESS
(b) amount paid since order of / /
(State amounts and – $ dates paid)
EQUALS
(c) balance of judgment
debt owing = $ PLUS (d) interest on the judgment debt until
the date of this
application + $ PLUS (e) any other amounts recoverable or
payable in respect of
the order of / /
(including any costsof warrant);
Please specify—
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 16 (i) $
(ii) $
_________
Sub-total $ + $
EQUALS
(f) Total amount
owing = $ (g) Amount to be paid
per instalment: $ (h)
Periodical time for *weekly; payment: *fortnightly; *monthly.
(i) Proposed date of
first instalment / / (j) Person/corporation/ firm to whom
instalments are to be
made—
Name:
Address:
4. If this is an application
for variation of an
instalment order, state—
(a) the date of the current instalment
order / /
(b) the amount of each
instalment ordered $ *weekly; *fortnightly;
*monthly.
5. Reasons for the
application—
6. State any other relevant
details—
Dated:
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| r. 16 | S.R. No. 121/1999 |
Signature of *Applicant/*Applicant's solicitor
PLEASE NOTE:
1. IF THE APPLICANT IS THE JUDGMENT DEBTOR, A STATEMENT OF AFFAIRS TO THE EFFECT OF FORM 28B (OR FORM 28AB IF A CORPORATION) MUST BE FILED WITH THIS APPLICATION.
2. A COPY OF THIS APPLICATION AND, IF THE APPLICATION IS BY THE JUDGMENT DEBTOR A STATEMENT OF AFFAIRS, MUST BE SERVED ON THE RESPONDENT PARTY.
3. IF YOU DO NOT UNDERSTAND THIS DOCUMENT, YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY. YOU MAY ALSO NEED TO OBTAIN FINANCIAL COUNSELLING.
* Delete if not applicable
_______________
RULE 28.02 FORM 28B 28.03 28.05
STATEMENT OF AFFAIRS BY AN INDIVIDUAL
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA
ATCourt Number Judgment Creditor
and
Judgment Debtor
To the Registrar,
1. Amount and Source of Weekly Income (*Complete (a)—(c) where
applicable)
*(a) Employed persons
Occupation:
Name and address of employer:
Gross wage: $
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
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S.R. No. 121/1999 r. 16
Current overtime (if any): $ Car and other allowances and commissions: $ $
*(b) Self-employed persons
Average earnings from self-employment or
partnership for last 12 months: $
*(c) Unemployed persons or persons not working If unemployed, state length of last employment, date when last employment ceased, and gross weekly amount earned:
Pension or Benefit received: $ WorkCover received: $ $
(d) All persons
Maintenance received: $ Superannuation received: $ Board or rent received: $ Average weekly income from investments in
banks, building societies, shares, etc.: $
Other (e.g. family allowance—give details) $
TOTAL GROSS WEEKLY INCOME: $
2. Weekly expenses
Income tax: $ Superannuation: $ Health Insurance: $ Union fees: $ Housing (mortgage, board, rent): $ Municipal rates: $ Water and sewerage rates: $ Land tax: $ Child care costs (kindergarten, day care, etc.): $
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Maintenance actually paid: $ Instalment payments:
(state purpose)...........................$
...........................$
$
Electricity: $ Gas: $ Telephone: $ Food: $ Other general household expenses: $ Car expenses (registration, insurance, maintenance, fuel): $ Fares: $ Insurance Policies: $ School fees and other schooling costs: $ Clothing and shoes: $ Medical and chemist expenses: $ Entertainment: $ Payments on court orders and fines: $ Other expenses (give details): ...............................$
...............................$
TOTAL WEEKLY EXPENSES: $
3. Are there any persons who contribute to paying your expenses? If
so, who are they and how much do they contribute?
.............................................................................................................
.............................................................................................................
4. Property and Assets
Market value of house (place of residence)
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S.R. No. 121/1999
owned: $ Amount owing on mortgage $ Net value of interest on house: $ Market value of any other house or land
owned: $ Amount owing on mortgage: $
Net value or interest in other house or
land owned: Market value of motor vehicle(s):
$
(a) Year: Make/Model: $ (b) Year: Make/Model: $ Amounts owing, under finance, on motor vehicles:
(a) $ (b) $
Net value of interest(s) on motor
vehicles: Cash in banks, building societies, etc:
$
$ Cash on hand: $ Value of other investments including shares, debentures, bonds: $ Money owed to you:
(state reason)...................................................$
...................................................$ $
Value of interest in partnership or business
(including stock, goodwill equipment,
debtors): $ State approximate re-sale value of furniture and personal goods: $ Amount owing on these furniture and personal goods: Net value of interest:
$
$
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Other assets (give details): $
TOTAL NET VALUE: $
Life insurance policies (specify insurer, policy number, surrender value(s)):
...................................................................... $
TOTAL PROPERTY AND ASSETS: $
Are any assets jointly owned? Give details:
...................................................................................................
...................................................................................................
....................................................................................................
5. Debts and liabilities (give details)
(Hire purchase, leases, credit cards, credit contracts, personal
loans, store accounts, guarantees being paid off, etc.):
Total amount due: $ To: Total amount due: $ To: Total amount due: $ To:
TOTAL OTHER DEBTS: $
6. Have any of the above debts been jointly incurred with any other
person? Give details:
.............................................................................................................
.............................................................................................................
.............................................................................................................
7. Give details of any other circumstances which affect your financial
position (e.g. number and age of dependants, marital status, health,
etc.):
.............................................................................................................
.............................................................................................................
.............................................................................................................
Date:
[Signature]
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999 r. 16
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED
_______________
RULE 28.02 FORM 28BA 28.03
28.05
STATEMENT OF AFFAIRS BY AN OFFICER OF A
CORPORATION
(Judgment Debt Recovery Act 1984)
IN THE MAGISTRATES' COURT
OF VICTORIA ATCourt number Judgment Creditor
and
Judgment Debtor
1. State the address of the registered office of the
judgment debtor corporation?
2. Is the corporation still trading? If no, when did it
last trade?
3. What is the corporation's average weekly
turnover?
4. Is the corporation owed any money? If yes, give
details including—
(a) who owes the money? (b) the address, telephone number and reference of the person or corporation;
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
| r. 16 | S.R. No. 121/1999 |
(c) how much is owed? (d) what are the circumstances that give rise to the indebtedness?
(e) when is the debt due and payable to the corporation? Give details.
5. Give details of the corporation's accounts at any
bank/building society/credit union/etc.?
For each account give details, including—
(a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account. 6. Do you produce a balance sheet of the
corporation? If yes—
(a) is it the most up to date balance sheet available?
(b) does the balance sheet reflect the corporation's present position? (give
differences).
7. What other assets does the corporation have?
Give details of all—
(1) real estate, listing—
(a) locations (addresses); (b) values; (c) mortgages.
(2) plant and equipment (not included elsewhere), listing—
(a) a description; (b) locations (addresses); (c) values; (d) are there any claims against these items, eg. finance, etc.
(3) motor vehicles, listing for each—
(a) make/model/condition; (b) registration number; (c) lease or other finance details;
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999
(d) value.
(4) stock (not included elsewhere), listing—
(a) a description; (b) locations (address); (c) values; (d) are there any claims against these items, eg. finance, etc.
(5) other deposits, investments, shares and debentures, giving for each details of value and in what business/corporation/ firm. (6) forward orders and/or pending contracts. (7) trademarks, labels, intellectual property. 8. Is there a registered debenture over the assets
of the corporation? If yes, identify the
debenture holder, state when the debenture was
given and state the amount secured by thedebenture.
9. Are there any other unpaid court orders/fines
against the corporation? If so, give details of
each court order/fine including—
(a) (for court orders) name/address/phone number of party to whom the money is
owed;
(b) date of court order/fine; (c) amount outstanding; (d) reference number (if any). 10. What other monies does the corporation owe, not
previously mentioned?
11. Do you produce a profit and loss statement for
the corporation? If yes—
(a) is it the most up to date profit and loss statement available?
(b) does the profit and loss statement reflect the corporation's present position (detail
differences)?
12. Give details of any other circumstances which affect the financial
position of the corporation.
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
| r. 16 | S.R. No. 121/1999 |
.............................................................................................................
.............................................................................................................
Date:
[Signature]
Full name:
Position held in judgment debtor corporation:
WARNING
AN INSTALMENT ORDER THAT IS MADE AS A RESULT OF A FALSE STATEMENT MAY BE VARIED OR CANCELLED".
17. Amendments to Appendix A
In Appendix A to the Principal Rules—
(a) after item 28 insert—
"28A.
(a)
Summons for Attachment of Earnings, including instructions, preparation of summons, affidavit and Form 27F, issuing summons, arranging service, forwarding summons and affidavit to Registrar with a letter (including affidavit of service)
(b) Preparation, filing and serving Form 27L (c)
Preparation of order to attend or to give a statement under Rule 27.16 issue and arranging service.";
(b) in Table 1, for item 21 substitute—
"21. (a) 29 50 71 83 105 126 (b) 192 430 578 694 866 1039 (c) 128 287 385 462 578 692
(d) 29 54 71 83 105 126"; (c) in Table 1, after item 28 insert—
"28A (a) 149 239 256 322 402 481 . (b) 26 44 53 61 76 91 (c) 26 44 53 61 76 91". Dated: 11 November 1999
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
S.R. No. 121/1999
MICHAEL ANTHONY ADAMS QC,
Chief Magistrate
BRIAN STIRTEVANT BARROW,
Deputy Chief Magistrate
JELENA POPOVIC,
Deputy Chief Magistrate
═══════════════
Magistrates' Court Civil Procedure (Amendment No. 1) Rules
1999
| Notes | S.R. No. 121/1999 |
NOTES
1 Rule 4: S.R. No. 58/1999.
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