Magistrates' Court General Civil Procedure Rules 2020 (Vic)
Version No. 010
Magistrates' Court General Civil Procedure Rules 2020
S.R. No. 112/2020
Version incorporating amendments as at
1 January 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
Part 1—Object, authorising provisions, commencement and revocation
1.01Title and object
1.02Authorising provisions
1.03Commencement and revocation
Part 2—Application of Rules
1.04Definitions
1.05Application
1.06Jurisdiction not affected
1.06.1Overriding objective
Part 3—Interpretation
1.13Definitions
1.13.1References to Australian lawyer
Part 4—Miscellaneous
1.14Exercise of power
1.15Procedure wanting or in doubt
1.16Act by corporation
1.17Corporation a party
1.18Power to act by Australian lawyer
1.19Continuation of address for service
1.20Proceedings other than in open court
Order 2—Noncompliance with the Rules
2.01Effect of noncompliance
2.02Commencement of proceeding or complaint
2.03Application to set aside for irregularity
2.04Dispensing with compliance
Order 3—Time, sittings, court office and documents
3.01Calculating time
3.02Extension and abridgement
3.03Fixing time
3.04Process in vacation
3.05Time for service
3.06Proceedings after a year
3.08Office
3.09Office hours
Order 4—Process in the Court
Part 1—General
4.01Claim not to be divided
4.03Names, addresses and representation of parties
4.04Commencement of proceedings
4.08Urgent cases
4.08.4Other miscellaneous matters
Part 2—Certification requirements for proceedings
4.09Overarching obligations certification
4.09.1Certification of prior overarching obligations certification
4.10Proper basis certification
4.10.1Filing of certificates
Order 5—Form of complaint
5.02Form of complaint
5.05Motor vehicle accident
5.07Address of parties
5.09Costs to be specified
5.12Duration
Order 6—Service
6.01When personal service necessary
6.02Complaint to be served personally
6.03How personal service effected
6.04Personal service on particular parties
6.05Claims for personal injury
6.06Address for service
6.06.1Australian lawyer changing address
6.06.2Email address for service
6.06.3Party changing email address for service
6.07How ordinary service effected
6.08Identity of person served
6.09Acceptance of service by Australian lawyer
6.10Substituted service
6.11Confirmation of informal service
6.12Service by filing
6.13Service on agent
6.14Service under contract
6.16Service of notice by the Court
6.17Affidavit or declaration of service
Order 7—Service out of Australia
7.01.1Definition
7.01Order does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings
7.02When allowed without leave
7.03When allowed with leave
7.04Court's discretion whether to assume jurisdiction
7.05Notice to person served out of Australia
7.06Time for filing a notice of defence
7.07Leave to proceed where no notice of defence by person
7.08Service of other documents out of Australia
7.09Mode of service
Order 7A—Trans-Tasman proceedings
7A.01Definitions
7A.02Application of Order
7A.03Commencement of proceeding for order under Trans-Tasman Proceedings Act
7A.04Interlocutory application under Trans‑Tasman Proceedings Act
7A.05Application for interim relief
7A.06Application for leave to serve subpoena in New Zealand
7A.07Form of subpoena
7A.08Application to set aside subpoena
7A.09Application for issue of certificate of non‑compliance with subpoena
7A.10Form of certificate of non-compliance
7A.11Application for registration of NZ judgment
7A.12Notice of registration of NZ judgment
7A.13Application for extension of time to give notice of registration of NZ judgment
7A.14Application to set aside registration of NZ judgment
7A.15Application for stay of enforcement of registered NZ judgment to enable liable person to appeal
7A.16Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal
7A.17Application for order for use of audio link or audiovisual link
Order 8—Notice of defence
8.01Time for giving notice of defence
8.02Late giving of notice of defence
8.03Contents and form of notice of defence
Order 9—Joinder of claims and parties
9.01Joinder of claims
9.02Joinder of parties permitted
9.03Joinder of necessary parties
9.04Joinder inconvenient
9.05Effect of misjoinder or non-joinder of party
9.06Addition, removal, substitution of party
9.07Procedure for addition of party
9.08Defendant dead at commencement of proceeding
9.09Change of party on death, bankruptcy
9.10Failure to proceed after death of party
9.11Amendment of proceedings after change of party
9.12Consolidation or hearing together
9.13Conduct of proceeding
Order 10—Counterclaim
10.02When counterclaim allowed
10.03Counterclaim against plaintiff and another person
10.04Procedure after counterclaim against another person
10.05Hearing of counterclaim
10.06Counterclaim inconvenient
10.07Stay of claim
10.08Counterclaim on stay etc. of original proceeding
10.09Order for balance
Order 11—Third party procedure
11.01Claim by third party notice
11.02Statement of claim on third party notice
11.04Filing and service of third party notice
11.05Time for third party notice
11.06Leave to file third party notice
11.07Other requirements for service
11.09Defence of third party
11.10Counterclaim by third party
11.11Default by third party
11.12Discovery and hearing
11.13Third party directions
11.14Final order between defendant and third party
11.15Claim against another party
11.16Fourth and subsequent parties
11.17Counterclaim
Order 12—Interpleader
12.01Definitions
12.02Stakeholder's interpleader
12.03Sheriff's interpleader
12.04Sheriff's summons to state claim
12.05Notice to execution creditor
12.06Admission of claim
12.07Interpleader summons
12.08Powers of Court
12.09Default by claimant
12.10Neutrality of applicant
12.11Order in several proceedings
12.12Hearing of interpleader question
Order 13—Pleadings
13.01Statement of claim
13.02Defence
13.03Reply
13.04Alternative allegations
13.05Particulars from plaintiff
13.06Particulars from defendant
13.07Time for giving notice
13.08Particulars to be filed
13.09Counterclaim and third party claim
13.10Failure to give particulars
Order 14—Service of pleadings
Order 15—Persons under disability
15.01Definition
15.02Litigation guardian of person under disability
15.03Appointment of litigation guardian
15.04No notice of defence given by person under disability
15.05Application to discharge or vary certain orders
15.06Pleading admission by person under disability
15.07Discovery
15.08Compromise of claim by a person under disability
Order 16—Executors, administrators and trustees
Order 17—Partners and sole proprietors
17.01Partners
17.02Disclosure of partners
17.03Service of complaint
17.04Notice of defence of partners
17.05No notice of defence except by partners
17.06Notice of defence under objection of person sued as partner
17.07Order against partners
17.08Enforcement between partners
17.09Garnishee orders
17.10Person using the business name
Order 18—Representative proceeding
Order 18A—Group proceeding
Order 19—Notice of constitutional matter
19.01Definitions
19.02Notice
19.03Filing and service
Order 20—Change of Australian lawyer
20.01Notice of change
20.02Party appointing Australian lawyer
20.03Australian lawyer ceasing to act
20.04Removal of Australian lawyer from record
20.05Address for service
20.06Death, retirement etc. of Victorian or Australian Government Solicitor
Order 21—Order in default of defence or compliance
Part 1—Order in default of defence
21.01Plaintiff may apply for order
21.02Affidavit required
21.03Application for default judgment processed by CMS
21.04Registrar may make order or refer to Court
21.05Proceeding continued against other defendants
21.06Default of defence to counterclaim
21.07Setting aside order
Part 2—Order in default of compliance
21.08Defendant may apply for costs order
21.09Applications under Rule 21.08
21.10Registrar may make order or refer to Court
Part 3—Dismissal of certain proceedings
21.11Dismissal of complaints
21.12Dismissal of certain adjourned proceedings
21.13Reinstatement
Order 22—Summary judgment
Part 1—General
22.01Scope of Order
22.02Interpretation
Part 2—Application by plaintiff for summary judgment
22.03Application by plaintiff for judgment
22.04Summons and affidavit in support
22.05Defendant to show cause
22.06Affidavit in reply
22.07Cross-examination on affidavit
22.08Hearing of application
22.10Judgment where debt amount unascertained
22.11Directions
22.12Continuing for other claim or against other defendant
22.13Judgment for delivery up of chattel
22.15Setting aside judgment
Part 3—Application by defendant for summary judgment
22.16Application by defendant for judgment
22.17Summons
22.18Affidavit in support
22.19Plaintiff to show cause
22.20Affidavit in reply
22.21Cross-examination on affidavit
22.22Hearing of application
22.23Setting aside judgment
Part 4—Application by or against third or subsequent party
22.24Third or subsequent party
Order 23—Summary stay or dismissal of claim and striking out statement of claim or defence
23.01Stay or judgment in proceeding
23.02Striking out pleading
23.04Affidavit evidence
Order 24—Order on failure to prosecute or obey order for particulars or discovery
24.01Order on dismissal
24.02Failure to obey order
24.03Stay on non-payment of costs
24.04Counterclaim and third party claim
24.06Setting aside order
Order 25—Discontinuance and withdrawal
25.01Withdrawal of notice of defence
25.02Discontinuance or withdrawal of proceeding or claim
25.02.1Small claims—discontinuance or withdrawal of proceeding or claim
25.04Notice of discontinuance or withdrawal
25.05Costs
25.06Discontinuance or withdrawal no defence
25.07Stay on non-payment of costs
Order 26—Offers of compromise
Part 1—Interpretation
26.01Definitions
Part 2—Offers of compromise
26.02Offers of compromise generally
26.03Time for making, accepting etc. offer
26.03.1Time for payment
26.04Effect of offer
26.05Disclosure of offer to Court
26.06Party under disability
26.07Withdrawal of acceptance
26.07.1Failure to comply with accepted offer
26.07.2Multiple defendants
26.08Costs consequences of failure to accept
26.08.1Pre-litigation offers
26.10Contributor parties
Order 27—Content and form of Court documents
27.01Conformity with Rules
27.02Heading and title of document
27.03Form of document
27.04Numbers
27.05Copies on request
27.06Registrar refusing to accept documents
27.07Scandalous matter
Order 28—Filing
28.01Filing of documents
28.01.1Counterclaim or third party notice processed by CMS
28.03Validity of complaint, counterclaim or third party notice
28.04Seal of Court
28.05Inspection of documents
Order 29—Discovery and inspection of documents
29.01Definition
29.01.1Scope of discovery
29.02Notice for discovery
29.03Time for making discovery
29.04Affidavit of documents
29.05Order limiting discovery
29.05.1Order for general discovery
29.05.2Order for expanded discovery
29.06Co-defendants and third party
29.08Order for particular discovery
29.09Inspection of documents referred to in affidavit of documents
29.10Inspection of documents referred to in pleadings and affidavits
29.11Order for discovery
29.12Direction as to documents
29.12.1Default notice
29.13Inspection of document by Court
29.15Continuing obligation to make discovery
29.16Discovery after directions
Order 30—Interrogatories
30.01Definitions
30.02When interrogatories allowed
30.03Statement as to who to answer
30.04Filing interrogatories and time for answers
30.05Source for answers to interrogatories
30.06How interrogatories to be answered
30.07Ground of objection to answer
30.08Who to answer interrogatories
30.09Failure to answer interrogatories
30.09.1Default notice
30.11Answers as evidence
30.12Interrogatories after directions
Order 31—Discovery by oral examination
Order 32—Preliminary discovery and discovery from non‑party
32.01Definitions
32.02Privilege
32.03Discovery to identify a defendant
32.04Party an applicant
32.05Discovery from prospective defendant
32.06Party an applicant
32.07Discovery from non-party
32.08Procedure
32.09Inspection of documents
32.10Directions as to documents
32.11Costs
Order 33—Medical examination and service of hospital and medical reports
33.01Application
33.02Counterclaim
33.03Definitions
33.04Notice for examination
33.05Expenses
33.06Report of examination of plaintiff
33.07Service of reports by plaintiff
33.08Service of reports by defendant
33.09Other medical reports to be served
33.10Opinion on liability
33.11Medical report admissible
33.12No evidence unless disclosed in report
Order 34—Directions
Order 35—Admissions
35.01Definition
35.02Voluntary admission of facts
35.03Notice for admission of facts
35.04Order on admissions
35.05Notice for admission of documents
35.06Cost of non-admission of fact or document
35.07Restrictive effect of admission
35.08Notice to produce documents
Order 36—Amendment
36.01General power of amendment
36.02Failure to amend within time limited
36.03Amendment of pleading
36.04Disallowance of pleading amendment
36.05Registrar's power of amendment
36.06How pleading amendment made
36.07Pleading to an amended pleading
36.08Amendment of order
Order 37—Inspection, detention and preservation of property
37.01Inspection, detention etc. of property
37.02Inspection from prospective defendant
37.03Procedure
37.04Disposal of perishable property
37.05Payment into Court in discharge of lien
37.07Jurisdiction of Court not affected
Order 37A—Freezing orders
37A.01Definitions
37A.02Freezing order
37A.03Ancillary order
37A.04Respondent need not be party to proceeding
37A.05Order against judgment debtor or prospective judgment debtor or third party
37A.06Jurisdiction of Court not limited
37A.07Service
37A.08Costs
37A.09Application to be heard by magistrate
Order 37B—Search orders
37B.01Definitions
37B.02Search order
37B.03Requirements for grant of search order
37B.04Jurisdiction of Court not limited
37B.05Terms of search order
37B.06Independent Australian lawyers
37B.07Costs
37B.08Service
37B.09Application to be heard by magistrate
Order 38—Injunctions
38.01When Court may grant
38.02Application before hearing
38.03Costs and expenses of non-party
Order 39—Receivers
Order 40—Evidence generally
40.02Evidence of witness
40.03Contrary direction as to evidence
40.04Examination on affidavit
40.05Evidence of particular facts
40.06Revocation or variation of order
40.07Deposition as evidence
40.08Proof of Court documents
40.09Evidence of consent
40.10Defamation
40.11Subsequent use of evidence at hearing
40.12Attendance and production
40.13View
40.14Quotation or assessment as evidence
40.15Person about to leave Victoria may be ordered to be examined or to produce documents
Order 41—Evidence before trial
Order 41A—Application to use audio visual link or audio link
41A.01Application of Order
41A.02Form of application
41A.03Filing
41A.04Service
41A.05Duty of applicant
41A.06Payment of costs
41A.07Application without a hearing
41A.08Hearing by audio link or audio visual link
Order 42—Subpoenas
42.01Definitions
42.02Issuing of subpoena
42.03Form of subpoena
42.03.1Alteration of date for attendance or production
42.04Setting aside or other relief
42.05Service
42.06Compliance with subpoena
42.07Production otherwise than upon attendance
42.08Removal, return, inspection, copying and disposal of documents and things
42.09Inspection of, and dealing with, documents and things produced otherwise than on attendance
42.10Disposal of documents and things produced
42.11Costs and expenses of compliance
42.12Failure to comply with subpoena—contempt of court
42.13Documents and things in the custody of a court
Order 42A—Subpoena for production to registrar
42A.01Application
42A.02Issuing subpoena
42A.03Form of subpoena
42A.04Affidavit of service
42A.05Compliance with subpoena
42A.06Receipt for document
42A.07Objection by addressee or other person
42A.08Objection by party to inspection by other party
42A.09Procedure after objection
42A.10Inspection of document produced
42A.11Removal of document
42A.12Return or disposal of document
42A.13Production of document at hearing
42A.14Subpoena for hearing not affected
Order 43—Affidavits
43.00Definitions for this Order
43.01Form of affidavit
43.02Affidavit by illiterate, blind or incapacitated person
43.02.1Affidavit where interpreter required
43.03Content of affidavit
43.04Affidavit by 2 or more deponents
43.05Alterations
43.06Exhibits
43.07Time for swearing or affirming
43.08Irregularity
43.09Filing
Order 44—Expert evidence
44.01Definitions
44.02Application of Order
44.03Report of expert
44.04Other party's report as evidence
44.05No evidence unless disclosed in report
44.06Conference between experts
Order 44A—Interpreters
44A.01Definitions
44A.02When interpreters may be engaged
44A.03Who may act as an interpreter
44A.04Functions of interpreters
44A.05Code of conduct
44A.06Translated evidence
44A.07Court may give directions concerning interpreters
Order 45—Originating motion
Order 46—Applications
46.01Application of Order
46.02Form of application
46.03Notice of application
46.04Form and filing
46.05Service
46.05.1Day for hearing
46.06Adjournment
46.07Absence of party to summons
46.08Application for re-hearing
46.09Form of application
46.10Setting aside
Order 47—Place and mode of hearing
47.01Place of hearing of proceeding
47.04Separate hearing of question
47.05Order after determination of preliminary question
Order 48—Setting down for trial
Order 49—Hearing
49.00Application
49.01Order of evidence and addresses
49.02Absence of party
49.03Adjournment of hearing
49.04Death before judgment
Order 50—Appropriate dispute resolution
50.01Definitions
50.02Determination of persons as acceptable mediators
50.03Referral of proceeding for appropriate dispute resolution
50.04Who may conduct appropriate dispute resolution
50.05Confidentiality
50.06Parties must attend appropriate dispute resolution
50.07Consequences of failure to attend appropriate dispute resolution
50.08Adjournment of appropriate dispute resolution
50.09Power to make order for final disposition
50.10Powers of a registrar in relation to pre-hearing conferences
50.11Mediation report
50.12Extension of time limits where proceeding has been referred to mediation
Order 51—Assessment of damages or value
Order 52—Account and enquiries
Order 53—Summary proceeding for recovery of land
Order 54—Administration of estates and execution of trusts
Order 55—Sale of land by order of Court
Order 56—Judicial review
Order 57—Habeas corpus
Order 58—Appeals from inferior jurisdictions
Order 59—Orders
59.01General relief
59.02Date of effect
59.03Time for compliance
59.04Statement of reasons for order
59.07Consent to order by parties not in attendance
59.08Orders may be drawn up and certified extract
59.09Order where excess abandoned
59.10Setting aside or varying self-executing order
Order 60—Authentication and filing of orders
60.04Order signed by magistrate
60.05Authentication of an order
60.06Issue and authentication of process
60.07Authentication of warrants
Order 61—Judgment debt instalment orders
61.01Definitions
61.02Application under section 6 or 8
61.03Notice of objection
61.04Agreement under section 7
61.05Order in absence of parties
61.06Summons for examination
61.07Warrant of apprehension
61.08Forms of notice
61.09Warrant of commitment
61.10Payments to be made to registrar
61.11Certificate of discharge
61.12Service and notification
61.13Adjournment
Order 62—Security for costs
62.01Definitions
62.02When security for costs may be ordered
62.03Manner of giving security
62.04Failure to give security
62.05Variation or setting aside
Order 63—Costs
Part 1—Preliminary
63.00.1Costs in accordance with Appendix A
63.00.2Application of scale
63.00.3Fixing or taxing of costs in accordance with scale at the time work done
63.00Costs to be fixed on day of hearing
63.01Definitions and application
63.02General powers of Court
63.03Time for costs order and payment
63.04Costs of question or part of proceeding
63.05By whom costs to be taxed
63.07Taxed or other costs provision
63.08Default order
63.10No order for taxation required
63.11Enforcement of order of taxing officer
63.12Costs in account
Part 2—Entitlement to costs
63.13Order for payment
63.14Extension or abridgement of time
63.15Discontinuance or withdrawal
63.16Offer of compromise
63.16.1Failure to make discovery or answer interrogatories
63.16.2Proceeding or counterclaim dismissed
63.17Amendment
63.18Non-admission of fact or document
63.19Interlocutory injunction
63.21.1Costs in proceedings before registrar or Costs Court
63.22Costs reserved
63.26Trustee or mortgagee
Part 3—Costs of party in a proceeding
63.27Application
63.28Bases of taxation
63.30Standard basis
63.30.1Indemnity basis
63.31Usual basis of taxation
63.34Charges of Australian lawyer
Part 3A—Costs for pro bono representation
63.34.1Definitions for this Part
63.34.2Orders for legal costs
63.34.3Taxation or assessment and recovery of legal costs
Part 4—Costs of taxation
Part 5—Procedure on taxation
63.37Application
63.38Application for taxation
63.48Discretionary costs
63.51Reference to a magistrate
63.52Notice to person interested in fund
63.53Application by person liable to pay
63.54Australian lawyer at fault
Part 6—Costs of Australian lawyer
63.58Application
63.59Basis of taxation of costs payable by client
63.60Taxation between Australian lawyer and client
63.61Basis of taxation of costs payable otherwise than by client
63.63Procedure on taxation
63.65Reference for taxation
Part 7—Allowances on taxation generally
63.68Application
63.70Unnecessary work
63.71Gross sum for costs
63.72Increase or decrease of amounts in Scale
Order 64—Appeal to Court of Appeal
Order 65—Applications to Court of Appeal
Order 66—Enforcement of orders
66.01Definitions
66.02Enforcement of orders for the payment of money
66.04Enforcement of orders for the delivery of goods
66.05Enforcement of orders for the doing or abstaining from doing of any act
66.06Attendance of natural person
66.07Attendance of corporation
66.10Service of orders to be enforced
66.11Substituted performance
66.12Enforcement by or against non-party
66.13Non-performance of condition
66.14Matters occurring after order
66.15Order in aid of enforcement
66.16Stay of execution
Order 67—Examination of judgment debtor
67.01AADefinition
67.01Examination of judgment debtor
67.02Application for examination summons processed by CMS
Order 68—Warrants of execution
Part 1—Warrants generally
68.01Definition
68.03Separate execution for costs
68.04Issue of warrant
68.05Duration
68.06Costs of prior execution
68.07Order against 2 or more persons
68.08Order against partners
68.09Request for warrant processed by CMS
68.10Application of certain rules, practice and procedure of Supreme Court
68.11Form of warrant to seize property and warrant of delivery
Part 2—Warrants of delivery
68.12Warrant of delivery
Order 69—Warrants to seize property
69.01Warrant to seize property
69.03Notice to person responsible for safe-keeping of seized property
69.07Notional possession of goods
Order 70—Warrants of possession
Order 71—Garnishee orders
71.01Definitions and application
71.02Attachable debts
71.03Bank account
71.04Garnishee
71.05Dispute of liability by garnishee
71.06Claim by another person
71.07Discharge of garnishee
Order 72—Attachment of earnings
72.01Definitions
72.02Application for attachment of earnings order
72.03Attachment of earnings order
72.04Examination of judgment debtor
72.05Contents of order
72.06Service of order
72.07Employer to make payments
72.08Attachment of earnings in place of other orders
72.09Execution after attachment of earnings
72.10Discharge or variation of order
72.11Cessation of attachment of earnings order
72.12Two or more attachment of earnings orders in force
72.13When varied order taken to be made
72.14Notice to judgment debtor of payments
72.15Determination of earnings
72.16Service
Order 73—Charging orders and stop orders and notices
Order 74—Enforcement by appointment of receiver
Order 75—Contempt
Order 76—Sequestration
Order 77—Authority of masters
Order 78—Proceedings under judgment
Order 79—Funds in court
Order 80—Service of foreign process
Order 81—Obtaining evidence for external tribunal
Order 82—Procedure under the Open Courts Act 2013
82.01Definition
82.02Notice of application for suppression order
82.03Notice of application to review suppression order
Form 4A—Overarching obligations certification
Form 4AB—Certification of prior overarching obligations certification
Form 4B—Proper basis certification
Form 5A—Complaint
Form 6A—Affidavit/declaration of service
Form 7A—Service out of Australia—Notice to defendant served out of Australia
Form 7AA—Subpoena to give evidence (New Zealand)
Form 7AB—Subpoena to produce documents (New Zealand)
Form 7AC—Subpoena to give evidence and produce documents (New Zealand)
Form 7AD—Certificate of non-compliance with subpoena (New Zealand)
Form 8A—Notice of defence
Form 10A—Counterclaim
Form 10B—Counterclaim
Form 11A—Third party notice
Form 11B—Notice claiming contribution
Form 12A—Stakeholder's interpleader summons
Form 12B—Notice of claim to goods taken in execution
Form 12C—Sheriff's interpleader summons
Form 15A—Order approving compromise of claim of person under a disability
Form 19A—Notice of a constitutional matter
Form 21A—Application for order in default of defence
Form 21B—Application for an order for costs
Form 22A—Summons for application for summary judgment by plaintiff
Form 22B—Summons for application for summary judgment by defendant
Form 29A—Notice for discovery
Form 29B—Affidavit of documents
Form 29C—Notice to produce
Form 29D—Notice of default in making discovery of documents
Form 30A—Notice of default in answering interrogatories
Form 35A—Notice to admit
Form 35B—Notice of dispute
Form 37AA—Freezing order
Form 37BA—Search order
Form 41AA—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958
Form 42A—Subpoena to attend to give evidence
Form 42B—Subpoena to produce
Form 42C—Subpoena both to attend to give evidence and to produce
Form 42AA—Subpoena for production to registrar
Form 43A—Certificate identifying exhibit or exhibits
Form 44A—Expert witness code of conduct
Form 44AA—Court interpreters' code of conduct
Form 46A—Summons
Form 46B—Application for re-hearing
Form 50A—Mediation report
Form 61A—Application
Form 61B—Statement of affairs by an individual
Form 61C—Statement of affairs by an officer of a corporation
Form 61D—Notice of objection
Form 61E—Instalment agreement
Form 61F—Summons for examination
Form 61G—Application for issue of summons
Form 61H—Warrant of apprehension
Form 61I—Notice
Form 61J—Notice
Form 61K—Notice
Form 61L—Warrant of commitment
Form 61M—Certificate of discharge
Form 67A—Summons to attend for oral examination
Form 67B—Examination of a judgment debtor
Form 67C—Examination of an officer of a judgment debtor which is a corporation
Form 67D—Summons to attend to give evidence or produce documents
Form 68A—Warrant to seize property
Form 68B—Warrant of delivery
Form 69A—Notice to person responsible for safe-keeping of property seized under a warrant to seize property
Form 71A—Garnishee order
Form 71B—Garnishee order
Form 72A—Attachment of earnings summons
Form 72B—Affidavit in support of application for attachment of earnings order
Form 72C—Judgment debtor's statement of financial position
Form 72D—Order that judgment debtor attend for examination
Form 72E—Order that person indebted or employer of judgment debtor give statement
Form 72F—Attachment of earnings order
Form 82A—Application for suppression order
Form 82B—Application to review a suppression order
Appendix A—Scale of costs
Appendix B—Civil Registry Courts—Filing of complaints under Workers Compensation Act 1958 or Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013
Appendix C—Civil Registry Courts—Filing of complaints in proceedings to which the Trans‑Tasman Proceedings Act 2010 of the Commonwealth applies
Schedule—Revoked Statutory Rules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 010
Magistrates' Court General Civil Procedure Rules 2020
S.R. No. 112/2020
Version incorporating amendments as at
1 January 2025
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
ORDER 1—PRELIMINARY
Part 1—Object, authorising provisions, commencement and revocation
1.01Title and object
(1)These Rules constitute Chapter I of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court General Civil Procedure Rules 2020.
(2)The object of these Rules is to remake with amendments the rules of procedure in civil proceedings in the Magistrates' Court of Victoria.
1.02Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
1.03Commencement and revocation
(1)These Rules come into operation on 25 October 2020.
(2)The Rules set out in the Schedule are revoked.
Part 2—Application of Rules
1.04Definitions
In this Part—
commencement date means 25 October 2020;
former Rules means the Magistrates' Court Civil Procedure Rules 2010;
pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied.
1.05Application
(1)Subject to this Part and to any transitional or other provision in these Rules to the contrary, these Rules apply to every civil proceeding commenced in the Court, whether before, on or after the commencement date.
(2)These Rules do not apply to a civil proceeding to which the following Rules of the Magistrates' Court apply except as those Rules provide—
(a)the Magistrates' Court (Family Violence Protection) Rules 2018[1];
(b)the Magistrates' Court (Occupational Health and Safety) Rules 2015[2];
(c)the Magistrates' Court (Outworkers) Rules 2016[3];
(d)the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[4];
(e)the Magistrates' Court Authentication Rules 2011[5].
(3)The revocation of the former Rules does not affect anything done or omitted to be done in a pending proceeding and, except as provided in these Rules, anything so done or omitted to be done is taken to have been done or omitted to be done under these Rules.
1.06Jurisdiction not affected
Nothing in these Rules limits the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules.
1.06.1 Overriding objective
The overriding objective of these Rules is to enable the Court to deal with a case justly and in accordance with the requirements of the Civil Procedure Act 2010.
1.07–1.12* * * * *
Part 3—Interpretation
1.13Definitions
In these Rules—
Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
* * * * *
bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
bodily injury includes any impairment of mental condition or disease;
CMS means the computer system in operation in the Court from time to time which, among other things—
(a)deals with process; and
(b)issues documents; and
(c)stores and retrieves documents and information;
Example
Process and court orders.
corporation means any body corporate, whether formed within or out of Victoria;
discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination and make discovery of documents means an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;
electronic communication has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
* * * * *
file electronically means any of the following—
(a)lodging data or a document into CMS in accordance with the requirements of CMS;
(b)sending a document by electronic communication for—
(i)lodging into CMS in accordance with the requirements of CMS; or
(ii)storing in another computer storage and retrieval system in operation in the Court from time to time;
incorporated association has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
judgment creditor means a person entitled to enforce an order for the payment of money other than an order for the payment of money into court;
judgment debtor means a person required by an order to pay money otherwise than into court;
office of the Court means, in relation to a proper venue of the Court, the designated place at that venue of the Court at which documents may be filed;
ordermade means an order made by the Court at the hearing of a proceeding or on the hearing of an application in a proceeding;
person named means a person to whom a subpoena or a sealed copy is addressed;
personal representative has the same meaning as in section 5(1) of the Administration and Probate Act 1958;
plaintiffincludes a claimant under section 44(1) of the Workers Compensation Act 1958;
proceeding means any matter in the Court commenced by complaint or as otherwise provided by or under any Act or these Rules;
public officer has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
registrarmeans the principal registrar or the registrar or deputy registrar of the Court at the proper venue of the Court in relation to a proceeding;
secretary has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
sheriff includes—
(a)the sheriff employed under section 6 of the Sheriff Act 2009; and
(b)any person to whom a warrant referred to in these Rules is directed;
the Act means the Magistrates' Court Act 1989.
1.13.1 References to Australian lawyer
In these Rules, a reference to an Australian lawyer includes a reference to a firm of Australian lawyers.
Part 4—Miscellaneous
1.14Exercise of power
The Court may exercise any power under these Rules—
(a)of its own motion; or
(b)on the application of a party or of any person who has a sufficient interest.
1.15Procedure wanting or in doubt
(1)If the manner or form of the procedure—
(a)for commencing, or for taking any step, in a proceeding; or
(b)by which the jurisdiction, power or authority of the Court is exercisable—
is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court must determine what procedure is to be adopted and may give directions.
(2)An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.
(3)An application for directions with respect to the commencement of a proceeding must be made by complaint in which no person is named as defendant and an application for directions with respect to a proceeding already commenced must be made by application in the proceeding.
1.16Act by corporation
If the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.
1.17Corporation a party
(1)Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, must not take any step in a proceeding save by an Australian lawyer.
(2)Paragraph (1) does not apply to the following—
(a)the filing of a complaint;
(b)the giving of a notice of defence;
(c)in a case to which Part 1 of Order 21 applies, obtaining an order by a corporation which is a party or by an employee, authorised in writing, of a corporation which is a party;
(d)a request to issue a warrant to seize property.
(3)If a corporation that is a party to a proceeding in the Court changes its name it must—
(a)file written notice of the change of name in the office of the Court at the proper venue of the Court; and
(b)serve a copy of that notice on all other parties to the proceeding.
(4)The notice must—
(a)bear the title of the proceeding showing the name of the corporation before the change; and
(b)specify the new name of the corporation and the date on which the name was changed.
(5)After a corporation has filed a notice of change of name, the corporation must be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".
1.18Power to act by Australian lawyer
Unless the context or subject matter otherwise requires, any act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's Australian lawyer.
1.19Continuation of address for service
Subject to these Rules, if in relation to a proceeding a party has an address for service under these Rules, that is the address for service of the party until the conclusion of the proceeding, whether at first instance or on appeal.
1.20Proceedings other than in open court
Unless the Court otherwise orders, the following proceedings need not be conducted in open court—
(a)an application to extend the validity of a complaint, summons or subpoena under Rule 5.12(2);
(b)an application for substituted service under Rule 6.10;
(c)an application for an order in default of defence or compliance under Part 1 or Part 2 of Order 21;
(d)an application for an order upon default of compliance of the provisions of the compromise of a proceeding;
(e)a pre-hearing conference conducted by a magistrate, judicial registrar or registrar;
(f)a mediation conducted by an acceptable mediator;
(g)an application for an order (subsequent to a party failing to attend a mediation) under Rule 50.06;
(h)an application to extend the validity of a warrant under Rule 68.05(2);
(i)an examination of a judgment debtor conducted by a registrar under Rule 72.04;
(j)an attachment of earnings order under Rule 72.03 or an examination of the judgment debtor or another person under Rule 72.04;
(k)an application for a garnishee order under Rule 71.02;
(l)an application to approve a compromise and for any other orders under Rule 15.08;
(m)a case transfer application and an application to review a case transfer decision under the Courts (Case Transfer) Act 1991;
(n)an application for leave to defend under section 5 of the Instruments Act 1958;
(o)an application under section 6 of the Judgment Debt Recovery Act 1984;
(p)an application for the issue of a warrant to arrest under section 134(6) of the Act;
(q)an application for the issue of an entry permit under section 83 of the Occupational Health and Safety Act 2004;
(r)any application, notice of which is not required to be given by or under any Act or these Rules to another person, whether or not a party.
ORDER 2—NONCOMPLIANCE WITH THE RULES
2.01Effect of noncompliance
(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document or order in the proceeding a nullity.
(2)Subject to Rules 2.02 and 2.03, if there has been a failure to comply with these Rules, the Court may—
(a)set aside the proceeding, either wholly or in part;
(b)set aside any step taken in the proceeding, or any document or order therein;
(c)exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.
2.02Commencement of proceeding or complaint
The Court must not wholly set aside any proceeding or the complaint by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process.
2.03Application to set aside for irregularity
The Court must not set aside any proceeding or any step in any proceeding or any document or order in any proceeding on the ground of a failure to comply with these Rules on the application of any party unless the application is made—
(a)within a reasonable time after the applicant becomes aware of the failure; and
(b)before the applicant has taken any fresh step (save for filing a notice of defence) after becoming aware of the failure.
2.04Dispensing with compliance
The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
ORDER 3—TIME, SITTINGS, COURT OFFICE AND DOCUMENTS
3.01Calculating time
(1)Any period of time fixed by these Rules or by any order or by any document in any proceeding must be calculated in accordance with this Rule.
(2)If 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 must be excluded.
(3)If 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 must be included.
(4)If a period of 5 days or less would include a day on which an office of the Court is closed, that day must be excluded.
(5)If the last day for doing any act at an office of the Court is a day on which the office is closed, the act may be done on the next day the office is open.
3.02Extension and abridgement
(1)The Court may extend or abridge any time fixed by these Rules or by any order fixing, extending or abridging time.
(2)The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.
(3)Unless the Court otherwise orders, any time fixed by these Rules or by any order fixing, extending or abridging time may be extended by consent without an order of the Court.
3.03Fixing time
If no time is fixed by these Rules or by order for doing any act in a proceeding, the Court may fix a time.
3.04Process in vacation
(1)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 9 January next following must be excluded, unless the Court otherwise orders.
(2)If the Court makes an order under paragraph (1), it may give any direction as to service as it thinks fit.
3.05Time for service
(1)In this Rule, document does not include a complaint.
(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 an office of the Court is closed must be taken to have been served on the next day the office is open.
3.06Proceedings after a year
If a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue must give to every other party not less than one month's notice in writing of that party's desire.
3.07* * * * *
3.08Office
The office of the Court is open on every day of the year except—
(a)a Saturday or a Sunday; and
(c)a public holiday within the meaning of the Public Holidays Act 1993 in the place in which that venue of the court is located; and
(d)a day directed or appointed by the Chief Magistrate in accordance with section 5 of the Act as a day on which that venue of the Court is closed.
3.09Office hours
The hours of the office of the Court are from 10:00 a.m. to 4:00 p.m.
ORDER 4—PROCESS IN THE COURT
Part 1—General
4.01Claim not to be divided
(1)A plaintiff must not divide a claim or cause of action for the purpose of making 2 or more complaints.
(2)A plaintiff who has a claim for more than the amount for which a claim may be made in the Court may abandon the excess by so stating in the statement of claim.
4.02* * * * *
4.03Names, addresses and representation of parties
A complaint must—
(a)state the full name and address of the plaintiff and an address for service of documents on the plaintiff; and
(b)if the plaintiff sues in person, state an address for service of documents on the plaintiff within Victoria in accordance with Rule 6.06; and
(c)if the plaintiff sues or the defendant is sued in a representative capacity, state the capacity in which the plaintiff sues or the defendant is sued in a representative capacity; and
(d)state the name and address of the defendant; and
(e)if the plaintiff sues by an Australian lawyer, state the name or firm and business address of the Australian lawyer and also, if the Australian lawyer is the agent of another, the name or firm and business address of the principal.
4.04Commencement of proceedings
(1)Subject to paragraphs (1A) and (1B), a civil proceeding must be commenced by the filing of a complaint at the proper venue of the Court.
(1A)A proceeding under the Workers Compensation Act 1958, the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 must be commenced by the filing of a complaint at the venue of the Court specified in Appendix B.
(1B)A proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies must be commenced by the filing of a complaint at a venue of the Court specified in Appendix C that is nearest to—
(a)the place where the subject matter of the complaint arose; or
(b)the place of residence of the defendant.
(2)Filing may be effected by—
(a)filing at the office of the Court at that venue; or
(b)filing electronically.
(3)A complaint filed electronically may be processed by CMS.
4.05–4.07 * * * * *
4.08Urgent cases
In an urgent case, on the application of a person who intends to commence a proceeding and upon the person's undertaking to commence the proceeding within such time as the Court directs, the Court may make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding.
* * * * *
4.08.4 Other miscellaneous matters
(1)A complaint is valid for all purposes if it bears the allocated Court number and the date of filing.
* * * * *
Part 2—Certification requirements for proceedings
4.09Overarching obligations certification
For the purposes of section 41(2) of the Civil Procedure Act 2010 the overarching obligations certification must be in Form 4A.
4.09.1 Certification of prior overarching obligations certification
(1)For the purposes of section 41(5)(a)(i) of the Civil Procedure Act 2010, the specified period is the period of 2 years prior to the date of the certification under section 41(5)(b) of that Act.
(2)For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act must be in Form 4AB.
4.10Proper basis certification
(1)For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of orders are exempt from the proper basis certification requirements under the Civil Procedure Act 2010.
(2)For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification must be in Form 4B.
4.10.1 Filing of certificates
Filing of a certificate under Rule 4.09 or 4.10 may be effected by—
(a)filing at the office of the Court at the proper venue of the Court; or
(b)filing electronically.
* * * * *
ORDER 5—FORM OF COMPLAINT
5.01* * * * *
5.02Form of complaint
(1)Unless paragraph (2) applies, a complaint must be in Form 5A.
(2)If a complaint is to be served out of Australia, the complaint must be in the form required by Rule 7.02(1).
(3)A complaint must contain a statement of claim in accordance with Rule 13.01.
5.03–5.04* * * * *
5.05Motor vehicle accident
(1)This Rule applies if the plaintiff's claim arises out of a motor vehicle accident and the claim includes a claim for the cost of repairs to the vehicle or for the total loss of the vehicle.
(2)If the claim includes a claim for the cost of repairs, an itemised quotation of the cost of repairs must be attached to the complaint.
(3)If the claim includes a claim for the total loss of the vehicle, an assessment of the loss must be attached to the complaint.
5.06* * * * *
5.07Address of parties
(1)A complaint must include—
(a)the address of the plaintiff, and, where the plaintiff's address is outside Victoria, also an address for service in accordance with Rule 6.06;
(b)the address of any defendant;
(c)if the plaintiff is represented by an Australian lawyer, the name or firm and the business address of the Australian lawyer and also, if the Australian lawyer is agent of another, the name or firm and the business address of the principal; and
(d)an email address for service on the plaintiff.
(1.1)The Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (d).".
5.08* * * * *
5.09Costs to be specified
(1)If the plaintiff claims a sum of money only, the complaint must be indorsed with a statement as follows—
"If you pay the amount of $ and costs of
$ to the plaintiff or the plaintiff's Australian lawyer without giving notice of defence and the plaintiff accepts the amounts paid as full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance.".
(2)If a complaint is indorsed in accordance with paragraph (1), and—
(a)the defendant pays the amounts claimed within the time limited for giving notice of defence; and
(b)the plaintiff accepts the amounts paid as full satisfaction of the claim
(including any interest and costs)—
the proceeding ends on that acceptance.
(3)The amount of costs in an indorsement referred to in paragraph (1) must be—
(a)in the case of a claim for debt, liquidated demand or claim arising from a motor vehicle accident for cost of repairs only or for total loss of vehicle only—
(i)the amount of scale costs in item 1 in Appendix A applicable to the amount claimed; and
(ii)if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and
(iii)the fees (if any) for the filing and service of the complaint; or
(b)in any other case—
(i)the amount of scale costs in item 3 in Table 1 to Appendix A applicable to the amount claimed; and
(ii)if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and
(iii)the fees (if any) for the filing and service of the complaint.
(4)A registrar, upon application made before service of any complaint, may fix an amount in respect of additional disbursements reasonably and necessarily incurred which amount must be included in the indorsement on the complaint.
5.10–5.11 * * * * *
5.12Duration
(1)A complaint, summons or subpoena is valid for service for one year after the day it is filed.
(2)If a complaint or summons has not been served on a defendant or if a subpoena has not been served on a witness, the Court may from time to time extend the validity of the complaint, summons or subpoena for such period from the day of the order as the Court directs, not being more than one year from that day.
(3)An order may be made under paragraph (2) before or after expiry.
(4)The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard, the Court must—
(a)adjourn the further hearing; and
(b)direct the plaintiff to give notice to the defendant by summons or otherwise.
(5)If an order is made under paragraph (2), the registrar must stamp any complaint, summons or subpoena for service with the date of the order and the extended date of validity.
ORDER 6—SERVICE
6.01When personal service necessary
Any document required or permitted to be served in a proceeding may be served personally, but unless personal service is required by these Rules or by order, need not be served personally.
6.02Complaint to be served personally
Except where otherwise provided by these Rules, a complaint must be served personally on each defendant, together with 2 notices of defence.
6.03How personal service effected
(1)Personal service of a document is effected—
(a)by leaving a copy of the document with the person to be served or, if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document; or
(b)by delivering a copy of the document to the place of residence of the person to be served to a person apparently above the age of 16 years who resides at that place but when the place of residence is a hotel, boarding house or similar establishment, to some person apparently above that age who is apparently in charge of the establishment or engaged in the office of the establishment; or
(c)if the person to be served conducts a business, by delivering a copy of the document to the place of business of the person to be served to a person apparently above the age of 16 years who is apparently in charge of that business or is employed in the office of that business; or
(d)by sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business.
(2)To effect personal service it is not necessary to produce the original document at the time of service.
6.04Personal service on particular parties
Personal service of a document may be effected by serving the document in accordance with Rule 6.03, in the case of—
(a)a corporation—
(i)on the mayor, chairman, president or other head officer of the corporation; or
(ii)on the chief executive officer, clerk, treasurer, manager, secretary or other similar officer of the corporation; or
(iii)by serving the document in accordance with any provision of an Act or legislation of the Commonwealth, another State or a Territory that provides for the service of that corporation;
Examples
Section 109X of the Corporations Act and section 9 of the Service and Execution of Process Act 1992 of the Commonwealth.
(b)a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom the minor resides or in whose care the minor is;
(c)a person under disability as defined in Rule 15.01, on—
(i)the person who, in accordance with Rule 15.03(2), would be entitled to be litigation guardian in any proceeding to which that person under disability was party; or
(ii)if there is no such person, the person with whom the person under disability resides or in whose care that person is;
(d)the Crown in right of the Commonwealth or the Commonwealth, on the Attorney-General of the Commonwealth or on a person appointed by the Attorney-General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth;
(e)the Crown in right of Victoria or the State of Victoria, on the Victorian Government Solicitor;
(f)an incorporated association, on the secretary or public officer of that incorporated association;
(g)the estate of a deceased person, on the personal representative of the deceased person.
6.05Claims for personal injury
(1)In any proceeding in which the plaintiff claims damages in respect of personal injury caused by or arising out of the use of a motor car, a complaint must not be taken to have been served on the defendant unless a copy of the complaint is served on the defendant in accordance with these Rules and also on the Transport Accident Commission.
(2)If in a proceeding to which paragraph (1) applies a copy of the complaint has been duly served on the defendant but not on the Transport Accident Commission the Court may, notwithstanding paragraph (1), order that the complaint be taken to have been served on the defendant.
(3)Service on the Transport Accident Commission for the purposes of this Rule may be by ordinary service in accordance with Rule 6.07.
6.06Address for service
(1)The address for service of a plaintiff is—
(a)if the plaintiff sues by an Australian lawyer, the business address of that Australian lawyer indorsed on the complaint or, if the Australian lawyer acts by an agent, the business address of the agent;
(b)if the plaintiff sues in person, the plaintiff's address indorsed on the complaint.
(2)The address for service of a defendant is as provided in Rule 8.03.
6.06.1 Australian lawyer changing address
(1)If the business address of an Australian lawyer or of the agent of an Australian lawyer given in accordance with Rule 6.06 or 8.03 is changed, the Australian lawyer must immediately file notice of the change and serve a copy of the notice on every party.
(2)Upon the filing and service of notice in accordance with paragraph (1), the address for service of the party for whom the Australian lawyer acts is the new business address of the Australian lawyer or, if the business address of the agent of the Australian lawyer is changed, the new business address of the agent, stated in the notice.
(3)If an Australian lawyer required under paragraph (1) to file and serve notice does not do so, a document not required to be served personally on the party for whom the Australian lawyer acts may, until notice is filed and served, be served on the party either at—
(a)the address given in accordance with Rule 6.06; or
(b)the new business address of the Australian lawyer or of the agent, as the case may be.
6.06.2 Email address for service
(1)Subject to Rule 5.07(1.1), an email address for service indorsed on a complaint is the email address for service of the plaintiff.
(2)The email address for service of a defendant is the address provided in accordance with Rule 8.03.
6.06.3 Party changing email address for service
(1)If a party's email address for service is changed, the party must file notice of the change and serve a copy of the notice on every other party.
(2)Upon the filing and service of a notice in accordance with paragraph (1), the email address for service of the party is the new email address stated in the notice.
6.07How ordinary service effected
(1)If personal service of a document is not required, the document may be served—
(a)by leaving the document at the address for service of the person to be served; or
(b)by posting the document to the person to be served at that person's address for service; or
(c)if provision is made by or under any Act for service of a document on a corporation, by serving the document in accordance with that provision; or
(d)if the Australian lawyer for a party has facilities for the reception of documents in a document exchange, by delivering the document into those facilities; or
(e)if the Australian lawyer for a party has a facility for the reception of documents by facsimile transmission, by transmitting the document to that facility; or
(f)by emailing the document to the person's email address.
Note
The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.
(2)For the purpose of paragraph (1), the proper address of a person is the address for service of that person in the proceeding, but if at the time service is to be effected that person has no address for service, the proper address is—
(a)in the case of an individual, the individual's usual or last known place of residence or of business;
(b)in the case of individuals suing or being sued in the name of a firm, the principal or last known place of business of the firm;
(c)in the case of a corporation, the registered or principal office of the corporation.
(3)If no person can be found at the address for service of a plaintiff who sues or a defendant who has appeared in person, any document in the proceeding may be served on that plaintiff or defendant by filing it.
(3.1)A party who serves a document by filing in accordance with paragraph (3) must indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service.
(4)Service in accordance with paragraph (1)(a) or (1)(e) which is effected after 4.00 p.m. is, for the purpose of calculating any period of time after that service, to be taken to have been effected on the next day the registrar's office is open.
(5)The day of service of a document must, if the document—
(a)is sent by post in accordance with paragraph (1)(b)—be taken to be the day it would be delivered in the normal course of post;
(b)is delivered into the facilities of a document exchange in accordance with paragraph (1)(d)—be taken to be the day following the day upon which it is so delivered or, where a document is delivered on a Friday, be taken to be the following Monday—
or on such other day as may be proved.
(6)In this Rule, document exchange means any document exchange for the time being approved by the Chief Justice on the recommendation of the Council of the Law Institute of Victoria.
6.08Identity of person served
For the purposes of proof of service, evidence of a statement by a person of that person's identity or that the person holds some office is evidence of that person's identity or that the person holds that office.
6.09Acceptance of service by Australian lawyer
(1)This Rule applies to service of a document whether or not required to be served personally.
(2)If an Australian lawyer makes a note on a copy of a document that service of the document is accepted on behalf of a person, the document must be taken to have been served on the person on the day the Australian lawyer made the note, unless the Australian lawyer is shown not to have had authority to accept service.
(3)Paragraph (2) does not limit other service of the document on the person or proof of such service.
6.10Substituted service
(1)If for any reason it is impracticable to serve a document in the manner required by these Rules, the Court may order that, instead of service, such steps be taken as the Court specifies for the purpose of bringing the document to the notice of the person to be served.
(2)If the Court makes an order under paragraph (1), the Court may order that the document be taken to have been served—
(a)on the happening of any specified event; or
(b)on the expiry of any specified time.
(3)The Court may make an order under paragraph (1) even though the person to be served—
(a)is out of Victoria; or
(b)was out of Victoria when the proceeding commenced.
6.11Confirmation of informal service
If for any reason a document has not been served in the manner required by these Rules, but the document has come to the notice of the person to be served, the document must be taken to have been served on the day it came to the person's notice.
6.12Service by filing
(1)If the service of a document on a party to a proceeding is required or permitted, but personal service is not required, and that party has no address for service in the proceeding, the filing of the document must, unless the Court otherwise orders, have effect as service of the document on that person.
(2)A party who serves a document by filing in accordance with paragraph (1) must indorse upon a backsheet or on the back of the last sheet a statement that the document is filed as such service.
6.13Service on agent
(1)If a contract has been entered into within Victoria by or through an agent residing or carrying on business within Victoria on behalf of a principal residing or carrying on business out of Victoria, a complaint in a proceeding relating to or arising out of such contract may, by leave of the Court given before the determination of the agent's authority or of the agent's business relations with the principal, be served on the agent.
(2)If an order giving leave is made under paragraph (1)—
(a)the order must limit the time within which the defendant must file a defence; and
(b)a copy of the order and of the complaint must immediately be sent by post to the defendant at the defendant's address out of Victoria.
6.14Service under contract
If the parties to any proceeding have, before or after the commencement of the proceeding, agreed that the complaint or any other document in the proceeding may be served on a party or on a person on behalf of a party in a manner or at a place (whether within or outside Victoria) specified in the agreement, service in accordance with the agreement is sufficient service.
6.15* * * * *
6.16Service of notice by the Court
Unless the Rules otherwise provide or the Court otherwise orders, if under these Rules or under an order of the Court any notice or other document is to be given to or served on any person by the Court, the notice or document must be sufficiently given or served in any manner in which a document not requiring personal service may be served under this Order.
6.17Affidavit or declaration of service
(1)An affidavit or declaration of service must state—
(a)what document was served; and
(b)who served the document; and
(c)the hour of the day, day of the week and date on which the document was served; and
(d)the place the document was served; and
(e)how the document was served on the person served; and
(f)in the case of personal service, how the person served was identified; and
(g)all relevant facts that support paragraphs (a) to (f).
(1A)An affidavit or declaration of service must be in Form 6A.
(2)A document purporting to be an affidavit or declaration of service must be taken to be evidence of the proper service of a document unless the contrary is proved.
(3)An affidavit of service must be filed as soon as practicable after service of an application or summons.
ORDER 7—SERVICE OUT OF AUSTRALIA
7.01.1 Definition
In this Order, unless the context or subject matter otherwise requires—
originating process means a complaint, counterclaim, notice or any other process in which a claim is made.
7.01Order does not apply to service in New Zealand of documents for or in certain Trans-Tasman proceedings
This Order (which contains rules on service out of Australia) does not apply to service in New Zealand of an originating process for, or of any other document to be served in or for, a proceeding an originating process for which may be served in New Zealand under Division 2 of Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth.
7.02When allowed without leave
An originating process may be served out of Australia without leave in the following cases—
(a)when the claim is founded on a tortious act or omission—
(i)which was done or which occurred wholly or partly in Victoria; or
(ii)in respect of which the damage was sustained wholly or partly in Victoria;
(b)when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which—
(i)was made or entered into in Victoria; or
(ii)was made by or through an agent trading or residing within Victoria; or
(iii)was to be wholly or in part performed in Victoria; or
(iv)was by its terms or by implication to be governed by Victorian law or to be enforceable or cognizable in a Victorian court;
(c)when the claim is in respect of a breach in Victoria of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach out of Victoria that rendered impossible the performance of that part of the contract that ought to have been performed in Victoria;
(d)when the claim—
(i)is for an injunction to compel or restrain the performance of any act in Victoria; or
(ii)is for interim or ancillary relief in respect of any matter or thing in or connected with Victoria, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Victoria; or
(iii)without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Order 37A in respect of any matter or thing in or connected with Victoria;
(e)when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Victorian law;
(f)when any person out of Australia is—
(i)a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Victoria or outside Victoria) under any other provision of these Rules; or
(ii)a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court;
(g)when the claim arises under an Victorian enactment and—
(i)any act or omission to which the claim relates was done or occurred in Victoria; or
(ii)any loss or damage to which the claim relates was sustained in Victoria; or
(iii)the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or
(iv)the enactment expressly or by implication confers jurisdiction on the Court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with);
(h)when the person to be served has submitted to the jurisdiction of the Court;
(i)when a claim is made for restitution or for the remedy of constructive trust and the person to be alleged liability of the person to be served arises out of an act or omission that was done or occurred wholly or partly in Victoria;
(j)when it is sought to recognise or enforce any judgment;
(k)when the claim is founded on a cause of action arising in Victoria;
(l)when the claim affects the person to be served in respect of the person's membership of a corporation incorporated in Victoria, or of a partnership or an association formed or carrying on any part of its affairs in Victoria;
(m)when the claim—
(i)relates to an arbitration held in Victoria or governed by Victorian law; or
(ii)is to enforce in Victoria an arbitral award wherever made; or
(iii)is for orders necessary or convenient for carrying into effect in Victoria the whole or any part of an arbitral award wherever made;
(n)when the claim, so far as concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs.
Note
If a proceeding is commenced in the Court and originating process is served out of Australia under this Rule but the Court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the Jurisdiction of Courts (Cross-vesting) Act 1987 may enable the proceeding to be transferred to the Supreme Court to make an order transferring the proceeding to the Supreme Court or to the Supreme Court of that other Australian jurisdiction.
7.03When allowed with leave
(1)In any proceeding when service is not allowed under Rule 7.02, an originating process may be served out of Australia with the leave of the Court.
(2)An application for leave under this Rule must be made on notice to every party other than the person intended to be served.
(3)A sealed copy of every order made under this Rule must be served with the document to which it relates.
(4)An application for leave under this Rule must be supported by an affidavit stating any facts or matters related to the desirability of the Court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen.
(5)The Court may grant an application for leave if satisfied that—
(a)the claim has a real and substantial connection with Victoria; and
(b)Victoria is an appropriate forum for the hearing of the proceeding; and
(c)in all the circumstances the Court should assume jurisdiction.
7.04Court's discretion whether to assume jurisdiction
(1)On application by a person on whom an originating process has been served out of Australia, the Court may by order set aside the originating process or its service on the person or dismiss or stay the proceeding.
(2)Without limiting paragraph (1), the Court may make an order under this Rule if satisfied—
(a)that service out of Australia of the originating process is not authorised by these Rules; or
(b)that the Court is an inappropriate forum for the hearing of the proceeding; or
(c)that the claim has insufficient prospects of success to warrant putting the person served out of Australia to the time, expense and trouble of defending the claim.
7.05Notice to person served out of Australia
If a person is to be served out of Australia with an originating process, the person must also be served with a notice in Form 7A informing the person of—
(a)the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia; and
(b)the grounds alleged by the plaintiff to found jurisdiction; and
(c)the person's right to apply for an order setting aside the originating process or its service on the person or dismissing or staying the proceeding.
7.06Time for filing a notice of defence
Except when the Court otherwise orders, a defendant who has been served out of Australia must give notice of defence within 42 days from the date of service.
7.07Leave to proceed where no notice of defence by person
(1)If an originating process is served on a person out of Australia and the person does not give notice of defence, the party serving the document may not proceed against the person served except by leave of the Court.
(2)An application for leave under paragraph (1) may be made without serving notice of the application on the person served with the originating process.
7.08Service of other documents out of Australia
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| 17. | Answers to interrogatories including perusal of interrogatories, instructions, attendances on counsel, copies, swearing, affirming, filing and service. |
| Brief to advise | |
| 18. | Brief to advise including preparation of memorandum to counsel, attendances on counsel and perusal of advice. |
| Notices, certificates, undertakings, etc. | |
| 19. | Any necessary notice (including notices before proceeding), certificate (including certificates before proceeding), undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service. |
| 20. | Notice to admit including perusal of admissions, copies, filing and service. |
| 21. | Admissions, including perusal of notice to admit, copies, filing and service. |
| 22. | Offer of compromise or notice of acceptance of offer including copies, filing and service. |
| Witnesses and expert witnesses | |
| 23. | Subpoena including instructions, copies and issuing. |
| 24. | Attendance on witness to arrange attendance to give evidence without subpoena, including reminders. |
| 25. | Arranging examination or inspection by an expert witness and notifying party, supplying relevant documents to witness, obtaining and perusing report. |
| 26. | Notifying party of examination or inspection arranged by opposite party. |
| * * * * * * | |
| Applications | |
| 28. | Application or summons or any notice under the Judgment Debt Recovery Act 1984 including copies, issuing and affidavit of service. |
| 29. | Application for an order under Rule 21.01 (in addition to item 1 if applicable) or 21.08 including copies and issuing. |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| 29A | To draw or settle any necessary medical panel referral documents including medical questions, lists of documents and submissions pursuant to the Accident Compensation Act 1985 etc. |
| 29B | To draw or settle any necessary medical panel referral documents including medical questions, section 304 statements, lists of documents and submissions pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 etc. |
| Notice of objection | |
| 30. | Notice of objection under the Judgment Debt Recovery Act 1984 including copies, issuing and affidavit of service. |
| Affidavits | |
| 31. | Affidavit including attendances on counsel, copies, swearing, affirming, filing and service. |
| 32 | Affidavit of service, including swearing or affirming and filing (not otherwise provided for). |
| General preparation | |
| 33. | For work necessarily and properly done in preparing for hearing and not otherwise provided for, including— |
| (a) taking instructions for examination of any party or witness; (b) considering the facts and the law; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and taking proofs of their evidence; (e) obtaining reports or advice from experts and maps, plans, photographs and models; (f) making search in any public office and elsewhere for relevant documents; (g) inspecting any property or place material to the proceeding; (h) perusing relevant documents; (i) general care and conduct of the proceeding. | |
| Pre-hearing conference | |
| 34. | Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, correspondence and perusals. |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| 35. | Attendance at conference whether by counsel or Australian lawyer. |
| Mediation | |
| 36. | Preparation including all necessary instructions, instructions for brief for counsel or brief notes for Australian lawyer, all necessary correspondence, perusals, etc. |
| 37. | Attending mediation by Australian lawyer, for first 4 hours or part thereof. |
| 38. | For each subsequent hour. |
| 39. | Attending mediation with counsel (where necessary) per hour. |
| 40. | If Australian lawyer attends at a place more than 50 kilometres from the Australian lawyer's place of business, an additional fee may be allowed. |
| 41. | The reasonable costs of a mediation held before the commencement of proceedings may be allowed. |
| Court attendance | |
| 42. | Attendance at Court or upon magistrate or officer of the Court on application, summons, appeal or to hear reserved judgment. |
| 43. | Attendance of Australian lawyer without counsel at a directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer including a WorkCover directions hearing or at the hearing of an application for revocation of a direction of a conciliation officer. |
| 44. | Attending WorkCover mentions. |
| 45. | Attendance at Court on hearing—Australian lawyer without counsel for the first 6 hours (including any luncheon adjournment). |
| 46. | If attendance at Court exceeds 6 hours—for each hour thereafter. |
| 47. | Attendance at Court by Australian lawyer on hearing with counsel for the first 3 hours. |
| 48. | If attendance exceeds 3 hours—for each hour thereafter. |
| Conference with counsel | |
| 49. | Appointment and attendance per hour (when necessary). |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| Fees to counsel | |
| 50. | To draw or settle any necessary document including notice before action, particulars of claim or defence (including special defence), counterclaim, interrogatories etc. |
| 51. | To confer, prepare, view or consult—per hour. |
| 52. | To advise on evidence or give opinion. |
| 53. | Brief on hearing for each day or part of a day. |
| * * * * * * | |
| 55. | Attending mediation, for the first 4 hours or part thereof. |
| 56. | For each subsequent hour. |
| 57. | Attending at WorkCover directions hearing. |
| 57A. | Attending at the hearing of an application for revocation of a direction of a conciliation officer. |
| Documents | |
| 58. | Drawing any document or brief (where not otherwise provided for)—per folio. |
| 59. | Typing any document or brief (where not otherwise provided for)—per folio. |
| 60. | Copies— For the first 50 pages of photocopying in a proceeding, $2.96 per page. For any photocopying after the first 50 pages in a proceeding, 84 cents per page. |
| Perusals | |
| 61. | Of any document or part of a document (where not otherwise provided for)—per folio. |
| 62. | Examination or scanning any document which is not necessary to peruse—per folio. |
| Correspondence | |
| 63. | Special letter. |
| 64. | Ordinary letter (including an agency letter). |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| 65. | Circular letter. After the first, postage may be claimed as a disbursement. |
| Attendances | |
| 66. | Attendance—such as an attendance at the office of the registrar or on a process server or to serve or an attendance which is capable of being made by a clerk. |
| 67. | Attendance (personal or by telephone) of an Australian lawyer or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour. |
| 68. | Attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour. |
| Warrant, summons, etc. | |
| 69. | Warrant to seize property or of delivery including instructions, preparation and issuing. |
| 70. | Summons for oral examination, including instructions, preparation of summons and affidavit, issuing, arranging service, forwarding summons and affidavit to registrar with letter. |
| 71. | Proceedings for attachment of debts including all professional costs. |
| 72. | Summons for attachment of earnings, including instructions, preparation of summons, affidavit and Form 72A, issuing summons, arranging service, forwarding summons and affidavit to registrar with a letter (including affidavit of service). |
| 73. | Form 72F, including preparation, filing and service. |
| 74. | Order to attend or to give a statement under Rule 72.04 including preparation, issuing and arranging service. |
| 75. | Registration of interstate judgment. |
| Service | |
| 76. | For service of Court documents on each person to be served. |
| 77. | For service of Court documents on each person to be served where service is effected by post or by leaving at a document exchange. |
| 78. | For every necessary visit made in attempting service of Court documents and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit. |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| 79. | In addition to the abovementioned service fees an allowance at the rate of 84 cents for each 1 kilometre in respect of any distance measured both ways from the nearest court house or other building where the Court is held, or the residence of the person who served the court document, whichever is the closer, to the place of service or attempted service of the document. |
| Notes to items 76 to 79 inclusive: A In these items Court documents include complaint, summons, application or other document used in a court proceeding. B A registrar, upon application made before service of any Court document, may fix and indorse on the document an amount representing an allowance calculated at 84 cents for each kilometre of the distance both ways by the shortest practicable route, from the nearest court house or other building where the Court is held, or the residence of the process server, whichever is the closer to the place of service and the Court in assessing costs on the hearing must have regard to the amount so fixed and indorsed. C For service of 2 or more Court documents in the same proceeding on the same person who was or could have been served at the same time and place, only one service fee must be allowed. D For service of a Court document in the same proceeding on 2 or more persons who were or could have been served at the same time and place, only one service fee shall be allowed. E No costs shall be allowed for service of any Court document where service has been effected by an employee of the plaintiff or defendant, unless the Court is satisfied by evidence on oath or affirmation or affidavit that the employee is exclusively engaged on the service of legal process for the employer. | |
| Substituted service | |
| 80. | Order for substituted service including all professional costs. |
| 81. | If an advertisement in lieu of service is ordered, the necessary and reasonable costs of the advertisement in addition. |
| Item | Particulars of Service (Costs for items 2 to 80 are set out in Table 1) |
| Witnesses' expenses | |
| 82. | Subject to item 82A, witnesses giving evidence in an expert or professional capacity, up to $347 per hour or part thereof, but not to exceed $2446 per day. Other witnesses—up to $86 per hour or part thereof, but not to exceed $431 per day. |
| 82A. | Witnesses giving evidence in the capacity of motor vehicle loss assessors, up to $183 per hour or part thereof, but not to exceed $997 per day. |
| Circuit fees | |
| 83. | (a) A circuit fee may be charged by counsel where the claim or the counterclaim is $40 000 or more. No circuit fee may be charged where the claim or the counterclaim is less than $40 000, unless the Court otherwise orders; |
| (b) A circuit fee must be calculated on the same basis as a fee for counsel on the hearing of a proceeding; | |
| (c) Any circuit fee allowed under paragraph (a) or (b) must be in accordance with Schedule 1 to Chapter I of the Rules of the County Court unless the circuit town appears in Table 2, in which case Table 2 applies. Whether or not Schedule 1 to Chapter I of the Rules of the County Court Table 2 applies, not more than one circuit fee must be allowed in any one day in relation to any proceeding or matter; | |
| (d) A circuit fee may be charged by a mediator who conducts a mediation following a referral of a proceeding or part of a proceeding to mediation. A circuit fee may also be charged for a pre-issue mediation held in accordance with a Practice Direction. A circuit fee may only be charged by a mediator with the agreement of the parties to the mediation. | |
| Interpreter Allowances | |
| 84. | Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel— (a) per hour or part thereof reasonably absent from professional rooms or place of business—$77 (b) but in any event not to exceed in any one day—$534. |
| 85. | (a) for absence from place of residence or business for 4 hours or less—$305 (b) and for each hour or part thereof in excess of 4 hours—$77 (c) but in any event not to exceed in any one day—$534. |
| For the purposes of items 84 and 85, the Magistrates' Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter. Notwithstanding anything in the above scale, the Magistrates' Court may allow an increased amount to a professional interpreter in special circumstances. | |
TABLE 1
(Costs in dollars for items 2 to 85)
|
| A
| B $500 | C $5000 | D $7500 | E $20 000 | F $40 000 to less | G
|
| 2. | 93 | 93 | 93 | 138 | 175 | 207 | 241 |
| 3. | 270 | 566 | 695 | 835 | 1036 | 1249 | 1493 |
| 4. | n/a | n/a | 201 | 265 | 270 | 288 | 305 |
| 5. | 124 | 268 | 332 | 396 | 494 | 593 | 712 |
| 6. | 144 | 298 | 365 | 437 | 539 | 651 | 780 |
| 7. | 64 | 64 | 64 | 64 | 64 | 64 | 64 |
| 8. | 94 | 213 | 258 | 308 | 385 | 459 | 546 |
| 9. | 86 | 179 | 214 | 258 | 319 | 386 | 461 |
| 10. | n/a | n/a | 216 | 300 | 325 | 365 | 409 |
| 11. | n/a | n/a | 23 | 61 | 61 | 61 | 61 |
| 12. | 61 | 101 | 124 | 147 | 187 | 218 | 253 |
| 13. | 76 | 144 | 169 | 209 | 262 | 312 | 368 |
| 14. | 150 | 314 | 386 | 461 | 584 | 689 | 817 |
| 15. | 61 | 94 | 124 | 150 | 187 | 218 | 253 |
| 16. | 121 | 252 | 305 | 365 | 458 | 545 | 630 |
| 17. | 162 | 344 | 439 | 527 | 651 | 784 | 928 |
| 18. | n/a | n/a | 216 | 300 | 325 | 365 | 408 |
| 19. | 60 | 107 | 125 | 151 | 189 | 220 | 267 |
| 20. | 162 | 162 | 162 | 220 | 279 | 338 | 401 |
| 21. | 162 | 162 | 162 | 220 | 279 | 338 | 401 |
| 22. | 138 | 138 | 138 | 207 | 258 | 308 | 368 |
| 23. | 31 | 52 | 71 | 71 | 93 | 112 | 132 |
| 24. | 30 | 32 | 32 | 53 | 58 | 66 | 79 |
| 25. | 86 | 89 | 90 | 135 | 169 | 201 | 241 |
| 26. | 17 | 17 | 17 | 64 | 83 | 101 | 120 |
| * * * * * * | |||||||
| 28. | 52 | 116 | 125 | 144 | 178 | 213 | 251 |
| 29. | 56 | 56 | 56 | 56 | 56 | 56 | 56 |
| 29A. | 122 | 228 | 308 | 344 | 461 | 553 | 642 |
| 29B. | 122 | 228 | 308 | 344 | 461 | 553 | 642 |
| 30. | 55 | 55 | 55 | 55 | 55 | 55 | 55 |
| 31. | 121 | 252 | 305 | 365 | 458 | 539 | 629 |
| 32. | 53 | 53 | 53 | 53 | 53 | 53 | 53 |
| 33. | 491 | 1603 | 1980 | 2378 | 2974 | 4298 | 6683 |
| 34. | 118 | 363 | 485 | 587 | 727 | 874 | 1001 |
| 35. | 214 | 383 | 588 | 727 | 908 | 1096 | 1278 |
| 36. | 118 | 356 | 485 | 587 | 713 | 857 | 982 |
| 37. | 214 | 411 | 588 | 727 | 896 | 1077 | 1256 |
| 38. | 62 | 116 | 146 | 170 | 221 | 268 | 311 |
| 39. | 62 | 116 | 146 | 170 | 221 | 268 | 311 |
| 40. | refer to item 40 | ||||||
| 41. | refer to item 41 | ||||||
| 42. | 125 | 284 | 351 | 426 | 530 | 637 | 759 |
| 43. | 214 | 411 | 589 | 730 | 915 | 1100 | 1280 |
| 44. | 192 | 192 | 192 | 192 | 192 | 192 | 192 |
| 45. | 452 | 908 | 1371 | 1643 | 2054 | 2454 | 2856 |
| 46. | 97 | 179 | 214 | 262 | 325 | 390 | 457 |
| 47. | 206 | 351 | 438 | 527 | 651 | 784 | 905 |
| 48. | 62 | 116 | 146 | 171 | 213 | 258 | 302 |
| 49. | 62 | 125 | 161 | 204 | 255 | 306 | 360 |
| 50. | 83 | 153 | 199 | 231 | 299 | 359 | 415 |
| 51. | 83 | 153 | 199 | 231 | 299 | 359 | 415 |
| 52. | n/a | n/a | 264 | 401 | 432 | 483 | 724 |
| 53. | 546 | 1224 | 1650 | 1978 | 2468 | 2964 | 3237 |
| * * * * * * | |||||||
| 55. | 225 | 440 | 624 | 771 | 967 | 1161 | 1354 |
| 56. | 68 | 123 | 152 | 181 | 245 | 288 | 338 |
| 57. | 229 | 446 | 633 | 782 | 982 | 1180 | 1417 |
| 57A. | 782 | 782 | 782 | 782 | 782 | 782 | 782 |
| 58. | 5.60 | 13.30 | 13.30 | 14.60 | 17.00 | 19.40 | 26.30 |
| 59. | 3.60 | 3.60 | 3.60 | 3.60 | 3.60 | 3.60 | 3.60 |
| 60. | refer to item 60 | ||||||
| 61. | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 | 3.50 |
| 62. | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 | 1.70 |
| 63. | 53 | 53 | 53 | 53 | 53 | 53 | 53 |
| 64. | 36 | 36 | 36 | 36 | 36 | 36 | 36 |
| 65. | 20 | 20 | 20 | 20 | 20 | 20 | 20 |
| 66. | 36 | 36 | 36 | 36 | 36 | 36 | 36 |
| 67. | 62 | 62 | 62 | 62 | 62 | 62 | 62 |
| 68. | 31 | 31 | 31 | 31 | 31 | 31 | 31 |
| 69. | 69 | 143 | 169 | 213 | 267 | 319 | 375 |
| 70. | 72 | 171 | 207 | 228 | 289 | 351 | 408 |
| 71. | 206 | 413 | 465 | 557 | 693 | 829 | 1086 |
| 72. | 368 | 522 | 561 | 704 | 880 | 1055 | 1383 |
| 73. | 62 | 108 | 125 | 151 | 189 | 220 | 255 |
| 74. | 62 | 108 | 125 | 151 | 189 | 220 | 255 |
| 75. | 93 | 93 | 93 | 138 | 138 | 138 | 138 |
| 76. | 89 | 89 | 89 | 89 | 89 | 89 | 89 |
| 77. | 16 | 16 | 16 | 16 | 16 | 16 | 16 |
| 78. | 61 | 61 | 61 | 61 | 61 | 61 | 61 |
| 79. | refer to item 79 | ||||||
| 80. | 183 | 330 | 391 | 460 | 581 | 684 | 796 |
| 81. | refer to item 81 | ||||||
| 82. | refer to item 82 | ||||||
| 82A. | refer to item 82A | ||||||
| 83. | refer to item 83 | ||||||
| 84. | refer to item 84 | ||||||
| 85. | refer to item 85 | ||||||
TABLE 2—CIRCUIT FEES
| Circuit town | Fee for each day or part of day |
| Ararat | 634 |
| Benalla | 672 |
| Colac | 532 |
| Echuca | 672 |
| La Trobe Valley | 521 |
| Mansfield | 532 |
| Portland | 734 |
| Stawell | 672 |
| Swan Hill | 672 |
* * * * *
APPENDIX B—CIVIL REGISTRY COURTS—FILING OF COMPLAINTS UNDER WORKERS COMPENSATION ACT 1958 OR ACCIDENT COMPENSATION ACT 1985 OR WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013
If the place where the subject matter of the complaint arose or the place of residence of the defendant is—
(a)within the metropolitan area (being the inner urban, southern suburbs, northern and eastern suburbs and western suburbs regions)—Melbourne Magistrates' Court;
(b)within the Western Districts region—Geelong, Ballarat or Warrnambool Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(c)within the Wimmera-Mallee region—Bendigo or Mildura Magistrates' Court, whichever of those Courts is nearest to the place where the subject matter of the complaint arose or the place of residence of the defendant;
(d)within the Upper Murray region—Wangaratta Magistrates' Court;
(e)within the Gippsland region—Latrobe Valley Magistrates' Court.
APPENDIX C—CIVIL REGISTRY COURTS—FILING OF COMPLAINTS IN PROCEEDINGS TO WHICH THE TRANS‑TASMAN PROCEEDINGS ACT 2010 OF THE COMMONWEALTH APPLIES
| Bairnsdale | Heidelberg | Seymour |
| Ballarat | Horsham | Shepparton |
| Bendigo | Latrobe Valley | Wangaratta |
| Broadmeadows | Melbourne | Warrnambool |
| Dandenong | Mildura | Werribee |
| Echuca | Moorabbin Justice Centre | Wodonga |
| Frankston | Ringwood | |
| Geelong | Sale |
SCHEDULE—REVOKED STATUTORY RULES
Rule 1.03(2)
REVOKED STATUTORY RULES
| S.R. No. | Title |
| 140/2010 | Magistrates' Court General Civil Procedure Rules 2010 |
| 152/2010 | Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 |
| 36/2011 | Magistrates' Court General Civil Procedure (Amendment No. 2) Rules 2011 |
| 149/2011 | Magistrates' Court General Civil Procedure (Scale of Costs and Fees Amendment) Rules 2011 |
| 2/2012 | Magistrates' Court General Civil Procedure (Amendment No. 3) Rules 2012 |
| 28/2012 | Magistrates' Court General Civil Procedure (Amendment No. 4) Rules 2012 |
| 109/2012 | Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 |
| 110/2012 | Magistrates' Court General Civil Procedure (Trans-Tasman Proceedings Amendment) Rules 2012 |
| 158/2012 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Scale of Costs and Other Amendments) Rules 2012 |
| 35/2013 | Magistrates' Court General Civil Procedure (Certification Amendments) Rules 2013 |
| 89/2013 | Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 |
| 155/2013 | Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 |
| 178/2013 | Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2013 |
| 11/2014 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014 |
| 70/2014 | Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014 |
| 105/2014 | Magistrates' Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 |
| 180/2014 | Magistrates' Court General Civil Procedure (Scale of Costs Amendment) Rules 2014 |
| 3/2015 | Magistrates' Court General Civil Procedure (Forms and Related Amendments) Rules 2015 |
| 163/2015 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2015 |
| 164/2015 | Magistrates' Court (Chapter I Miscellaneous Amendments) Rules 2015 |
| 17/2016 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2016 |
| 82/2016 | Magistrates' Court General Civil Procedure (Expert Witness Code Amendment) Rules 2016 |
| 135/2016 | Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 |
| 137/2016 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2016 |
| 103/2017 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2017 |
| 128/2017 | Magistrates' Court General Civil Procedure and Miscellaneous Proceedings (Costs Amendment) Rules 2017 |
| 158/2018 | Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2018 |
| 159/2018 | Magistrates' Court General Civil Procedure Amendment (Service Out of Jurisdiction) Rules 2018 |
| 167/2018 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2018 |
| 32/2019 | Magistrates' Court General Civil Procedure Amendment Rules 2019 |
| 49/2019 | Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019 |
| 144/2019 | Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2019 |
Dated: 20 October 2020
LISA HANNAN,
Chief MagistrateFELICITY BROUGHTON,
Deputy Chief MagistrateSUSAN WAKELING,
Deputy Chief Magistrate
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Magistrates' Court General Civil Procedure Rules 2020, S.R. No. 112/2020 were made on 20 October 2020 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and all other enabling powers and came into operation on 25 October 2020: rule 1.03(1).
The Magistrates' Court General Civil Procedure Rules 2020 will sunset 10 years after the day of making on 20 October 2030 (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 Magistrates' Court General Civil Procedure Rules 2020 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2021, S.R. No. 23/2021
Date of Making: 25.3.21 Date of Commencement: Rule 5 on 1.4.21: rule 3
Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs Amendment) Rules 2021, S.R. No. 89/2021
Date of Making: 20.7.21 Date of Commencement: Rule 7 on 20.7.21
Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2021, S.R. No. 167/2021
Date of Making: 14.12.21 Date of Commencement: Rule 5 on 1.1.22: rule 3
Magistrates' Court General Civil Procedure Amendment Rules 2022, S.R. No. 54/2022
Date of Making: 14.7.22 Date of Commencement: 15.7.22: rule 3
Magistrates' Court General Civil Procedure and Authentication Amendment Rules 2022, S.R. No. 102/2022
Date of Making: 29.9.22 Date of Commencement: Rules 4–26 on 3.10.22: rule 3
Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2022, S.R. No. 134/2022
Date of Making: 22.12.22 Date of Commencement: Rule 5 on 1.1.23: rule 3
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings Amendment Rules 2023, S.R. No. 68/2023
Date of Making: 29.6.23 Date of Commencement: Rules 4–6 on 1.7.23: rule 3
Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs) Amendment Rules 2023, S.R. No. 128/2023
Date of Making: 8.12.23 Date of Commencement: Rule 5 on 1.1.24: rule 3
Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2024, S.R. No. 134/2024
Date of Making: 16.12.24 Date of Commencement: Rule 5 on 1.1.25: rule 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Rule 1.05(2)(a): S.R. No. 182/2018 as amended by S.R. No. 59/2019.
[2] Rule 1.05(2)(b): S.R. No. 41/2015 as amended by S.R. No. 49/2019.
[3] Rule 1.05(2)(c): S.R. No. 41/2016.
[4] Rule 1.05(2)(d): S.R. No. 96/2011 as amended by S.R. Nos 203/2014 and 59/2019.
[5] Rule 1.05(2)(e): S.R. No. 58/2011 as amended by S.R. No. 82/2019.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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