Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 (Vic)

Magistrates' Court Civil Procedure (Further

Amendment) Rules 1997

S.R. No. 131/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Filing of affidavit or declaration of service after service of a
complaint	1
6.	Form of counterclaim	2
7.	New Form of counterclaim inserted—Form 7A	2
8.	Increase in counsels' fees	4
9.	Miscellaneous amendments	4

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NOTES 6

i

STATUTORY RULES 1997

S.R. No. 131/1997

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Further

Amendment) Rules 1997

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

1998.

4. Principal Rules

In these Rules the Magistrates' Court Civil
Procedure Rules 19891 are called the Principal
Rules.

5.  Filing of affidavit or declaration of service after service of a complaint

(1) In Rule 5.02 of the Principal Rules omit "(1)". (2) Rule 5.02(2) of the Principal Rules is revoked.

Magistrates' Court Civil Procedure (Further Amendment) Rules
1997

r. 6 S.R. No. 131/1997

6. Form of counterclaim

(1) In Rule 7.02(1) of the Principal Rules after "A

counterclaim must" insert "be in Form 7A with Part A or B completed as the case requires and".

(2) In Rule 7.02(2)(b) of the Principal Rules for "of

the loss." substitute "of the loss; and".

(3) After Rule 7.02(2)(b) of the Principal Rules

insert—

"(c) is a claim to which sub-paragraphs (a) or (b)

applies, have included with the particulars of
the counterclaim a sketch plan of the
collision giving its location, names of roads

and the identity of any vehicle involved.".

(4) In Rule 7.02(3) of the Principal Rules for "to

counterclaim" substitute "in Form 9A, with any

necessary modification,".

7. New Form of counterclaim inserted—Form 7A

After Form 5A to the Principal Rules insert—

'RULE 7.02 FORM 7A

COUNTERCLAIM

[heading as in Form 4A]

NATURE OF COUNTERCLAIM (STATE SHORTLY)

AMOUNT OF COUNTERCLAIM

TO THE PLAINTIFF—

TAKE NOTICE that this counterclaim has been brought against you by the defendant for the counterclaim set out in the pages attached.

IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE counterclaim, to—

(a) the defendant whose address for service is— and

Magistrates' Court Civil Procedure (Further Amendment) Rules
1997

S.R. No. 131/1997 r. 7

(b) the registrar of the Magistrates' Court at—

IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.

DATE OF FILING—

[next page]

TO THE DEFENDANT—If your counterclaim arises from a motor vehicle collision, complete Part A.

If your counterclaim does not arise from a motor vehicle collision complete

Part B.

If yours is a combined counterclaim, complete the appropriate parts.

PART A

(COUNTERCLAIM ARISING FROM A MOTOR VEHICLE COLLISION
INCLUDING PERSONAL INJURY)

WHAT IS THE NATURE OF YOUR COUNTERCLAIM? (e.g. cost of repairs to motor vehicle, cost of repairs to damaged fence.)

WHERE DID YOUR CLAIM ARISE? [Give the location of any collision, including a Melway reference if possible, and in the space below draw a sketch plan of the collision with names of roads, etc. Identify your vehicle as "1", the vehicle driven by the plaintiff as "2" and any other vehicles involved as "3", "4", "5", etc.]

WHEN DID YOUR COUNTERCLAIM ARISE?—

HOW DID THE COLLISION HAPPEN?—[You must set out here in as much detail as you can how the collision happened and why you believe the plaintiff is at fault. If the space is insufficient you may attach other sheets.]

HOW MUCH ARE YOU CLAIMING?—

Dated—[e.g. 5 September 19 ].

[To be signed by the Defendant

or the Defendant's Solicitor]

[next page]

PART B
Magistrates' Court Civil Procedure (Further Amendment) Rules
1997

r. 8 S.R. No. 131/1997

(ANY COUNTERCLAIM NOT ARISING FROM A MOTOR VEHICLE
COLLISION)

WHAT IS THE NATURE OF YOUR COUNTERCLAIM? (e.g. work done; money owed; goods or services supplied; personal injury other than that arising from a motor vehicle collision; application to fence; injunction.)

WHERE DID YOUR COUNTERCLAIM ARISE?—

PARTICULARS OF THE COUNTERCLAIM—

[You must set out here in as much detail as you can the substance of your

counterclaim. If the space is insufficient you may attach other sheets.]

HOW MUCH MONEY (IF ANY) ARE YOU CLAIMING?—
WHAT OTHER RELIEF OR REMEDY (IF ANY) ARE YOU CLAIMING?

Dated—[e.g. 5 September 19 ].

[To be signed by the Defendant

or the Defendant's Solicitor]'.

8. Increase in counsels' fees

In Appendix A to the Principal Rules, in Table 1, for the costs relating to item 21 substitute—

"(a)	27	47	66	78	98	118
(b)	180	403	541	650	812	974
(c)	120	269	361	433	541	649
(d)	27	51	66	78	98	118".

9. Miscellaneous amendments

(1) In Rule 27.08(3) of the Principal Rules for

"affadivit" substitute "affidavit".

(2) In Form 27F to the Principal Rules for "judment"

substitute "judgment".

(3) In Form 28K to the Principal Rules omit—

Magistrates' Court Civil Procedure (Further Amendment) Rules
1997

S.R. No. 131/1997 r. 9

"A.B.	Judgment creditor
and
C.D.	Judgment debtor"

(where first occurring).

Dated: 21 November 1997

MICHAEL ANTHONY ADAMS, QC, CM
BRIAN STIRTEVANT BARROW, Deputy CM

PATRICK DENIS STREET, Deputy CM

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Magistrates' Court Civil Procedure (Further Amendment) Rules
1997

Notes S.R. No. 131/1997

NOTES

1 S.R. 199/1989. Reprinted to S.R. No. 81/1997.