Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019 (Vic)

Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019

S.R. No. 49/2019

TABLE OF PROVISIONS

Rule Page

Part 1—Preliminary

1Object
2Authorising provisions
3Commencement

Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009

4Affidavit of service
5Form 7 substituted
6Form 29 substituted

Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010

7Application by electronic message
8Form of document
9Person about to leave Victoria may be ordered to be examined or to produce documents
10Form of affidavit
11Affidavit by illiterate, blind or incapacitated person
12Affidavit by 2 or more deponents
13Alterations
14Annexures and exhibits
15Time for swearing
16Form 6A substituted
17Affidavit of documents
18Freezing order
19Search order
20Certificate identifying exhibit
21Form 61G substituted
22Form 67B substituted
23Form 67C substituted
24Form 72B substituted
25Appendix A—Scale of costs

Part 4—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010

26Leave to defend
27Form 3C substituted
28Form 8A substituted

Part 5—Amendment of Magistrates' Court (Occupational Health and Safety) Rules 2015

29Form 1 substituted

═════════════

Endnotes

STATUTORY RULES 2019

S.R. No. 49/2019

Magistrates' Court Act 1989
Criminal Procedure Act 2009

Magistrates' Court (Oaths and Affirmations Amendment) Rules 2019

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

Part 1—Preliminary

1Object
The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009, the Magistrates' Court General Civil Procedure Rules 2010, the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 and the Magistrates' Court (Occupational Health and Safety) Rules 2015 to implement procedures under the Oaths and Affirmations Act 2018.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and section 419 of the Criminal Procedure Act 2009 and all other enabling powers.
3Commencement
These Rules come into operation on 21 June 2019.

Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009

4Affidavit of service
Rule 13(2) and (3) of the Magistrates' Court Criminal Procedure Rules 2009[1] are revoked.
5Form 7 substituted
For Form 7 of the Magistrates' Court Criminal Procedure Rules 2009 substitute—

"FORM 7

Rule 14

NOTICE TO APPEAR

(Section 21 of the Criminal Procedure Act 2009)

Person served:

Family name:

First name(s):

Street name and number:

Suburb/Town: Postcode:

Date of birth:

YOU ARE REQUIRED TO APPEAR BEFORE THE MAGISTRATES' COURT AT

[Full street address of the venue of the court]

ON AT

[Date] [Time]

YOU ARE SUSPECTED OF HAVING COMMITTED THE FOLLOWING OFFENCES

[These are general particulars of the offence(s) only]

THE SUSPECTED OFFENCES WERE COMMITTED IN THE FOLLOWING MANNER:

[General terms of the circumstances of the suspected offences]

Member of the police force or person authorised to act:

Agency and address:

Phone:

Email:

Fax No.:

Agency ref.:

Date:

IMPORTANT INFORMATION—DO NOT IGNORE THIS NOTICE—SEEK LEGAL ADVICE

You must appear on [date] at [venue] Magistrates' Court if you get a copy of a charge-sheet and a preliminary brief. This means you have been charged with an offence. You will get a copy of the charge-sheet and preliminary brief within 21 days of getting this notice.

You should immediately seek advice from your legal practitioner, Victoria Legal Aid [insert address and telephone number] or a community legal service.

If you do not appear at court, the magistrate may:

●	hear and decide your case and may impose a penalty based on the information in the preliminary brief; or
●	order that you be arrested and brought before the Court.

If a charge is not filed with the Court within 14 days of this notice being given to you the notice will lapse, and you will not have to appear at the Magistrates' Court. Written notice of this will be provided to you 7 days after the notice lapses.

AFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer]*swear/affirm that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/Affirmed at
[place]
in the State of Victoria on [date]
*Before:

ü
ï
ý
ï
þ

[Name and address in legible writing, typing or stamp below signature]

*a person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable.

DECLARATION OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer]*declare that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Declared at [place]
in the State of Victoria on [date]
*Before:

ü
ï
ý
ï
þ

[Name and address in legible writing, typing or stamp below signature]

*a person authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable.

__________________".

6Form 29 substituted
For Form 29 of the Magistrates' Court Criminal Procedure Rules 2009 substitute—

"FORM 29

Rule 46

NOTICE OF COMMITTAL MENTION DATE AND HAND-UP BRIEF

(Section 110 of the Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

TO: [accused(s)]

of [address(es)]

Informant's contact details—[insert name and contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences. A copy of the charge-sheet is attached to this notice.

There will be a committal mention hearing in relation to *the charge/*those charges at the Magistrates' Court at [venue] on [date] at [time].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Magistrates' Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.

The evidence will include the documents and other things that are contained in the hand-up brief of evidence which is attached to this notice.

Depending on the nature of the case and of the witnesses, you may be able to ask the court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

DISCUSSION OF ISSUES WITH THE PROSECUTOR

At least 7 days before the committal mention date you or your lawyer must discuss your case with the prosecutor. (If you or your lawyer have not already been notified of the prosecutor's contact details, you or your lawyer should be notified of those details no later than 14 days before the committal mention date.)

The purpose of the discussion is to find out matters including—

(a)whether you propose to plead guilty or not guilty;
(b)whether you will be arguing that there is insufficient evidence for the case to go to trial before a jury;
(c)whether you will be asking to cross-examine any of the witnesses whose statements are contained in the hand-up brief of evidence, and whether the prosecutor opposes that cross-examination;
(d)whether you will be calling any of your own witnesses to give evidence;
(e)whether you want to inspect any things that are listed in the hand‑up brief of evidence, and whether the informant objects to that inspection; and
(f)if a charge is to be heard and determined summarily, whether you will be applying to the court to have the charge tried by a Magistrate in the Magistrates' Court rather than by a judge and jury in the County Court or Supreme Court.

THE COMMITTAL MENTION HEARING

A committal mention hearing is one of the stages of a committal proceeding. At a committal mention hearing the court may—

(a)offer or determine any application for a charge to be tried summarily in the Magistrates' Court;
(b)hear and determine an application for leave to cross-examine a witness;
(c)fix a date for a committal hearing;
(d)hear and determine any objection to disclosure of material;
(e)fix another date for a committal mention hearing. If the court is considering fixing another date for a committal mention hearing to enable an accused to obtain legal representation the court must have regard to whether the accused has made reasonable attempts to obtain legal representation;
(f)make any other order or give any direction that the court considers appropriate;
(g)immediately hear and determine the committal proceeding (in other words, it may examine all of the evidence and decide whether or not you should be tried by a judge and jury in the County Court or Supreme Court); and
(h)if the Court decides that you should be tried by a judge and jury in the County Court or Supreme Court, ask you whether or not you plead guilty or not guilty to the charge or charges against you.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a legal practitioner, Victoria Legal Aid or a registrar of the Magistrates' Court as soon as possible.

[Telephone number for Law Institute of Victoria Referral Service—insert details]

[Address and telephone number for Victoria Legal Aid—insert details]

[Address and telephone number of registrar of Magistrates' Court—insert details]

If you come to the committal mention hearing without a lawyer the court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.

AFFIDAVIT OF SERVICE

I [full name]

of [address]

a member of the police force in the State of Victoria *make oath and say/*affirm that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [address] on [day of week] [date] at [time].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place]

in the State of Victoria

on [date] [time]

Before

[Name and address in legible writing, typing or stamp below signature]

*a person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

DECLARATION OF SERVICE

I [full name]

of [address]

a member of the police force in the State of Victoria declare that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [address] on [day of week] [date] at [time].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that a person making a statutory declaration that I know to be untrue is an offence.

*Declared at [place]

in the State of Victoria

on [date] [time]

Before

[Name and address in legible writing, typing or stamp below signature]

*a person authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable.

__________________".

Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010

7Application by electronic message
In Rule 21.03(3) of the Magistrates' Court General Civil Procedure Rules 2010[2]—
(a)in paragraph (f), after "swearing" insert "or affirming";
(b)in paragraph (g), after "sworn or" insert "affirmed or".

8Form of document
In Rule 27.03(10)(c) of the Magistrates' Court General Civil Procedure Rules 2010, after "swearing" insert "or affirming".
9Person about to leave Victoria may be ordered to be examined or to produce documents
In Rule 40.15 of the Magistrates' Court General Civil Procedure Rules 2010, after "upon oath" insert "or affirmation".
10Form of affidavit
Rule 43.01(5), (6) and (7) of the Magistrates' Court General Civil Procedure Rules 2010 are revoked.
11Affidavit by illiterate, blind or incapacitated person
In Rule 43.02(1) of the Magistrates' Court General Civil Procedure Rules 2010, after "is sworn" insert "or affirmed".
12Affidavit by 2 or more deponents
In Rule 43.04 of the Magistrates' Court General Civil Procedure Rules 2010, after "sworn" (where twice occurring) insert "or affirmed".

13Alterations
In Rule 43.05(1)(b) of the Magistrates' Court General Civil Procedure Rules 2010, after "is sworn" insert "or affirmed".
14Annexures and exhibits
In Rule 43.06(2)(b) of the Magistrates' Court General Civil Procedure Rules 2010, after "is sworn" insert "or affirmed".
15Time for swearing
(1)In the heading to Rule 43.07 of the Magistrates' Court General Civil Procedure Rules 2010, after "swearing" insert "or affirming".
(2)In Rule 43.07 of the Magistrates' Court General Civil Procedure Rules 2010, after "sworn" insert "or affirmed".
16Form 6A substituted
For Form 6A of the Magistrates' Court General Civil Procedure Rules 2010 substitute—

"FORM 6A

Rule 6.17

AFFIDAVIT/DECLARATION OF SERVICE

[heading as in Form 5A]

I, [full name] of [address and occupation],

*make oath and say

*affirm and say

*declare that

I served [describe each document and whether it was a copy of a document or an original document]

on [name of the person served]

[State all relevant information and facts as required by Rule 6.17(1) in numbered paragraphs which may include answers to the following:

How did you identify the person you served and establish the person's identity?

Was the person you served the person named in the document/s to be served?

At what time, day of the week and date did you serve the document/s on the person?

Where was the person served the document/s? For example, was it at the residence or the business of the person?

How was/were the document/s served on the person? For example, by hand or by post?]

*[For affidavits] The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*[For statutory declarations] I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Sworn/Affirmed/ Declared at
[place]
in the State of Victoria on [date]
Before:

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[Signed by person]

*authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

[Name and address in legible writing, typing or stamp]

*Delete if not applicable.

__________________".

17Affidavit of documents
(1)In Form 29B of the Magistrates' Court General Civil Procedure Rules 2010, for "make oath" substitute "*make oath/*affirm".
(2)In Schedule 2 to Form 29B of the Magistrates' Court General Civil Procedure Rules 2010, for "Sworn," substitute "*Sworn/*Affirm,".
18Freezing order
In paragraph 8(b) of Form 37AA of the Magistrates' Court General Civil Procedure Rules 2010, after "swear" insert "or affirm".
19Search order
In paragraph 23(b) of Form 37BA of the Magistrates' Court General Civil Procedure Rules 2010, after "swear" insert "or affirm".
20Certificate identifying exhibit
In Form 43A of the Magistrates' Court General Civil Procedure Rules 2010, after "at the time of swearing" insert "or affirming".
21Form 61G substituted
For Form 61G of the Magistrates' Court General Civil Procedure Rules 2010 substitute—

"FORM 61G

Rule 61.06(2)

APPLICATION FOR ISSUE OF SUMMONS

(Judgment Debt Recovery Act 1984)

IN THE MAGISTRATES' COURT

OF VICTORIA

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

I, of , the judgment creditor make *oath/*affirm and say that:

1.By an order dated: [insert date] it was ordered that [judgment debtor] pay me the sum of $ and $ for interest and $ for costs.
2.An instalment order for the payment of the sum was made on [date].
3.The judgment debtor has defaulted in the payment of instalment(s) under the order in the following way [set out details of default].
4.I seek the issue of a summons for the oral examination of the judgment debtor.

*Sworn/*Affirmed, etc.

*Delete if not applicable.

__________________".

22Form 67B substituted
For Form 67B of the Magistrates' Court General Civil Procedure Rules 2010 substitute—

"FORM 67B

Rule 67.01(3)(8)

EXAMINATION OF A JUDGMENT DEBTOR

[heading as in Form 5A]

[name of person being examined], the judgment debtor, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.

Column 1 Questions	Column 2 Answers
1. What is your full name?
2. What is your date of birth?
3. What is your home address and phone number? Do you own, rent or board at this address? Give name, address and phone number of the estate agent or landlord.
4. Do you propose to change your address in the near future? If so, state the new address.
5. Are you single, married or living in a de facto relationship?
6. How many dependants do you have in your care? What is their relationship to you and what are their ages?
7. Do you own or are you buying any land or building? If yes, give details, including— (a) address(es); (b) value; (c) mortgage (naming financier and balance due); (d) 2nd mortgage (naming financier and balance due); (e) caveat(s); (f) when did you buy the property? (g) what was the price paid? (h) are you buying the land or building with any other person? (i) if yes, give the name and address of that other person; (j) are you intending to sell the land or building?
8. Do you own or are you buying a motor vehicle? If yes, give details, including— (a) the make; (b) the model; (c) the condition of the motor vehicle; (d) is the motor vehicle registered? If yes, what is the registration number? (e) is the vehicle subject to finance? If yes, state— —the name of the financier; —account reference number; —how much is owing? —when will payments be finalised? (f) value. Repeat the above information for all extra vehicles.
9. Are you owed any money? If yes, give details, including— (a) who owes you the money; (b) the address, telephone number and reference of the person or company; (c) how much is owed? (d) what circumstances give rise to that indebtedness? (e) when is the debt due and payable to you?
10. Are you employed? If yes, give details— (a) the position you hold? (b) the name of your employer? (c) the address and telephone number of your employer?
11. What income do you receive after tax and compulsory superannuation is deducted? What is the nature of this income (e.g. wages, salary, commission, benefit, etc.)? Is this income received weekly, fortnightly, monthly, or otherwise? Do you receive overtime or other allowances? If you are unemployed, what is your source of income? (e.g. sole parent benefit, disability pension, WorkCover)?
12. (a) If unemployed, how long have you been unemployed? (b) What is the name of your previous employer? (c) Will you be starting employment in the near future? If so, give details.
13. What other source of income do you have? Give details of all sources and amounts (e.g. part‑time work, casual work, dividends, rent, etc.).
14. Have you any accounts at any bank/building society/credit union, etc.? If yes, give details of each account— (a) name and address of financial institution; (b) name of account; (c) type of account; (d) account number; (e) present balance of account. If account is not held solely by you, state name/address/phone number of each other person with whom the account is jointly held.
15. How much cash money do you have readily available?
16. Have you any personal property or assets not previously mentioned? If so, give details, including— (a) investments, shares, debentures; (b) superannuation, life insurance policy; (c) motor boats, caravans, trailers (give descriptions of the boat, caravan, trailer including the registration number and value). If any of the above personal property or assets are held with another person, give the name and address of the other person.
17. Give details of your expenses calculated on a weekly basis, including— (a) rent/mortgage/board; (b) food; (c) gas/electricity; (d) clothing; (e) loan repayments etc. (give details of each loan and the balance owing); (f) credit card repayments (give details of each card, but not the credit card number, and the amount owing);	Balance $ Balance $
(g) house and contents insurance; (h) municipal and water rates; (i) telephone; (j) car expenses (including registration, insurance and maintenance); (k) fuel expenses of running your motor vehicle; (l) education expenses; (m) medical/dental/pharmaceutical; (n) entertainment expenses; (o) other (if any) expenses.
Total: Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute?	$____________ $____________
18. Are there any other unpaid court orders/fines against you? If so, give details including— (a) name/address/phone number of party to whom money is owed; (b) date of court order; (c) amount outstanding; (d) court and reference number (if any).
19. What other moneys do you owe, not previously mentioned?
20. Are you an owner or do you have an interest in any business? If yes, give details, including— (a) What is the name of the business? Is it a registered business name? Is there an ACN and if so what is the ACN? (b) If you have partners give the full name and address of each partner and state each partner's percentage share (including your own) of the business; (c) If a private company, state the number of shares you hold and give the name and address and number of shares of each other shareholder;
(d) What is the value of the goodwill of the business? When was the goodwill last valued? (e) What assets does the business have? Give details of all— (i) real estate, listing— (A) locations (addresses); (B) values; (C) mortgages; (ii) plant and equipment (not included elsewhere) listing— (A) a description; (B) locations; (C) values; (D) are there any claims against these items (e.g. finance, etc.); (iii) motor vehicles, listing for each— (A) make/model/condition; (B) registration number; (C) lease or other finance details; (D) value; (iv) stock (not included elsewhere), listing— (A) a description; (B) locations (address); (C) values; (D) are there any claims against these items (e.g. finance, etc.); (v) other deposits, investments, shares and debentures giving for each details of value and in what business/corporation/firm; (vi) forward orders and/or pending contracts;
(vii) trademarks, labels, intellectual property.
21. Do you have an offer to pay this debt?
22. Have you paid any of the amount ordered? If so, how much and when?

Column 1

Questions

Column 2

Answers

1. What is your full name?

2. What is your date of birth?

3. What is your home address and phone number?

Do you own, rent or board at this address?

Give name, address and phone number of the estate agent or landlord.

4. Do you propose to change your address in the near future? If so, state the new address.

5. Are you single, married or living in a de facto relationship?

6. How many dependants do you have in your care?

What is their relationship to you and what are their ages?

7. Do you own or are you buying any land or building?

If yes, give details, including—

(a) address(es);

(b) value;

(d) 2nd mortgage (naming financier and balance due);

(e) caveat(s);

(f) when did you buy the property?

(g) what was the price paid?

(h) are you buying the land or building with any other person?

(i) if yes, give the name and address of that other person;

(j) are you intending to sell the land or building?

8. Do you own or are you buying a motor vehicle?

If yes, give details, including—

(a) the make;

(b) the model;

(d) is the motor vehicle registered? If yes, what is the registration number?

(e) is the vehicle subject to finance? If yes, state—

—the name of the financier;

—account reference number;

—how much is owing?

—when will payments be finalised?

(f) value.

Repeat the above information for all extra vehicles.

9. Are you owed any money? If yes, give details, including—

(a) who owes you the money;

(b) the address, telephone number and reference of the person or company;

(d) what circumstances give rise to that indebtedness?

(e) when is the debt due and payable to you?

10. Are you employed? If yes, give details—

(a) the position you hold?

(b) the name of your employer?

11. What income do you receive after tax and compulsory superannuation is deducted?

What is the nature of this income (e.g. wages, salary, commission, benefit, etc.)?

Is this income received weekly, fortnightly, monthly, or otherwise?

Do you receive overtime or other allowances?

If you are unemployed, what is your source of income? (e.g. sole parent benefit, disability pension, WorkCover)?

12. (a) If unemployed, how long have you been unemployed?

(b) What is the name of your previous employer?

13. What other source of income do you have?

Give details of all sources and amounts (e.g. part‑time work, casual work, dividends, rent, etc.).

14. Have you any accounts at any bank/building society/credit union, etc.? If yes, give details of each account—

(a) name and address of financial institution;

(b) name of account;

(d) account number;

(e) present balance of account.

If account is not held solely by you, state name/address/phone number of each other person with whom the account is jointly held.

15. How much cash money do you have readily available?

16. Have you any personal property or assets not previously mentioned? If so, give details, including—

(a) investments, shares, debentures;

(b) superannuation, life insurance policy;

(c) motor boats, caravans, trailers (give descriptions of the boat, caravan, trailer including the registration number and value).

If any of the above personal property or assets are held with another person, give the name and address of the other person.

17. Give details of your expenses calculated on a weekly basis, including—

(a) rent/mortgage/board;

(b) food;

(d) clothing;

(e) loan repayments etc. (give details of each loan and the balance owing);

(f) credit card repayments (give details of each card, but not the credit card number, and the amount owing);

Balance $

(g) house and contents insurance;

(h) municipal and water rates;

(i) telephone;

(j) car expenses (including registration, insurance and maintenance);

(k) fuel expenses of running your motor vehicle;

(l) education expenses;

(m) medical/dental/pharmaceutical;

(n) entertainment expenses;

(o) other (if any) expenses.

Total:

Are there any persons who contribute to the expenses detailed above? If so, who are they and how much do they contribute?

$____________

18. Are there any other unpaid court orders/fines against you? If so, give details including—

(a) name/address/phone number of party to whom money is owed;

(b) date of court order;

(d) court and reference number (if any).

19. What other moneys do you owe, not previously mentioned?

20. Are you an owner or do you have an interest in any business? If yes, give details, including—

(a) What is the name of the business?

Is it a registered business name?

Is there an ACN and if so what is the ACN?

(b) If you have partners give the full name and address of each partner and state each partner's percentage share (including your own) of the business;

(c) If a private company, state the number of shares you hold and give the name and address and number of shares of each other shareholder;

(d) What is the value of the goodwill of the business?

When was the goodwill last valued?

(e) What assets does the business have?

Give details of all—

(i) real estate, listing—

(A) locations (addresses);

(B) values;

(ii) plant and equipment (not included elsewhere) listing—

(A) a description;

(B) locations;

(D) are there any claims against these items (e.g. finance, etc.);

(iii) motor vehicles, listing for each—

(A) make/model/condition;

(B) registration number;

(D) value;

(iv) stock (not included elsewhere), listing—

(A) a description;

(B) locations (address);

(D) are there any claims against these items (e.g. finance, etc.);

(v) other deposits, investments, shares and debentures giving for each details of value and in what business/corporation/firm;

(vi) forward orders and/or pending contracts;

(vii) trademarks, labels, intellectual property.

21. Do you have an offer to pay this debt?

22. Have you paid any of the amount ordered? If so, how much and when?

[Signature]

Recorded at

this / /

before me:

[Signature of registrar]

I order the judgment debtor to pay the sum of $ being the costs of this examination.

Filing fee	$
Hearing fee	$
Conduct money	$
Service fee (including attempt(s) and travelling)	$
Professional costs	$
TOTAL	$

[Signature of registrar]

IMPORTANT
PRE-EXAMINATION INFORMATION

To the judgment debtor

You have been served with a Summons to Attend for Oral Examination (Form 67A) and an Examination Sheet (Form 67B).

The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear or affirm that the answers on this Examination Sheet are true until the examination is conducted.

Care must be taken to provide complete and accurate answers as you will be required to take an oath or make an affirmation as to the accuracy of the answers on the day of the examination and the information you provide will be forwarded to the judgment creditor/judgment creditor's Australian lawyers.

If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.

Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.

__________________".

23Form 67C substituted
For Form 67C of the Magistrates' Court General Civil Procedure Rules 2010 substitute—

"FORM 67C

Rule 67.01(3)(8)

EXAMINATION OF AN OFFICER OF A JUDGMENT DEBTOR WHICH IS A CORPORATION

[heading as in Form 5A]

[name of person being examined], an officer of the judgment debtor corporation, having been sworn or affirmed, has answered the questions set out in Column 1 below in the manner set out in Column 2 below.

Column 1 Questions	Column 2 Answers
1. What is your full name?
2. What is your address?
3. What position do you hold in the judgment debtor corporation?
4. What is the address of the registered office of the corporation?
5. Is the corporation— (a) registered; or
(b) deregistered— at the Australian Securities and Investment Commission?
6. Is the corporation still trading? If not, when did it last trade?
7. What is the nature of the business of the corporation?
8. At what addresses does the corporation carry on business? If the premises are leased, give details of— (a) the name of the landlord; (b) the expiration date of the lease.
9. What is the corporation's average weekly turnover?
10. Is the company owed any money? If yes, give details including— (a) who owes the money? (b) the address, telephone number and reference of the person or company; (c) how much is owed? (d) what are the circumstances that give rise to the indebtedness? (e) when is the debt due and payable to the corporation? (give details).
11. Give details of the corporation's accounts at any bank/building society/credit union/etc. For each account give details, including— (a) name of bank etc.; (b) type of account; (c) account number; (d) name of account; (e) present balance of account.
12. Do you produce a balance sheet of the corporation? If yes— (a) is it the most up to date balance sheet available?
(b) does the balance sheet reflect the corporation's present position? (give differences).
13. What other assets does the corporation have? Give details of all— (1) real estate, listing— (a) locations (addresses); (b) values; (c) mortgages (and financier); (2) plant and equipment (not included elsewhere)listing— (a) a description; (b) locations (addresses); (c) values; (d) are there any claims against these items (e.g. finance, etc.); (3) motor vehicles, listing for each— (a) make/model/condition; (b) registration number; (c) lease or other finance details; (d) value; (4) stock (not included elsewhere), listing— (a) a description; (b) locations (address); (c) values; (d) are there any claims against these items (e.g. finance, etc.); (5) other deposits, investments, shares and debentures, giving for each details of value and in what business/corporation/firm; (6) forward orders and/or pending contracts; (7) trademarks, labels, intellectual property.
14. Is there a registered debenture over the assets of the corporation? If yes, identify the debenture holder, state when the debenture was given and state the amount secured by the debenture.
15. Are there any other unpaid court orders/fines against the corporation? If so, give details of each court order/fine including— (a) (for court orders) name/address/phone number of party to whom the money is owed; (b) date of court order/fine; (c) amount outstanding; (d) reference number (if any).
16. What other monies does the corporation owe, not previously mentioned?
17. Has the corporation paid any/all of the amount ordered? If so, how much and when?
18. Do you produce a profit and loss statement for the corporation? If yes— (a) is it the most up to date profit and loss statement available?
(b) does the profit and loss statement reflect the corporation's present position? (detail differences).
19. Does the corporation have a proposal to pay the amount claimed by the judgment creditor?

[Signature]

Recorded at

this / /

Before me:

[Signature of registrar]

I order the judgment debtor to pay the sum of $ being the costs of this examination.

Filing fee	$
Hearing fee	$
Conduct money	$
Service fee (including attempt(s) and travelling)	$
Professional costs	$
TOTAL	$

[Signature of registrar]

IMPORTANT
PRE-EXAMINATION INFORMATION

To the officer of the judgment debtor corporation

You have been served with a Summons to Attend for Oral Examination (Form 67A) and an Examination Sheet (Form 67C).

The Examination Sheet sets out the questions you will be asked. It may assist you to complete the answers to the questions before the examination is conducted. You will not have to swear or affirm that the answers on the Examination Sheet are true until the examination is conducted.

If you have difficulty in completing any of the answers or have any other queries about the proceedings, you may contact the Magistrates' Court of Victoria for advice.

Payment toward the judgment debt must be made to the judgment creditor/judgment creditor's Australian lawyer.

__________________".

24Form 72B substituted
For Form 72B of the Magistrates' Court General Civil Procedure Rules 2010 substitute—

"FORM 72B

Rule 72.02(3)

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

[heading as in Form 5A]

I, of

the judgment creditor, make *oath/*affirm and say that:

1.By an order dated: [insert date] it was ordered that [judgment debtor] pay me the sum of [amount] together with costs.

2. [amount] is due and unpaid in respect of the order, being—

(a)     [amount] due under the order;
(b)     [amount] costs of this attachment application;
(c)     [amount] other costs incurred subsequent to order;
(d)     [amount] interest to date.

[judgment debtor] has persistently failed to comply with an order with respect to the order made by the Court on [date] that [insert terms or order not complied with].

3. [judgment debtor] is employed by [name and address of employer] as a [occupation].

4. No warrant committing [judgment debtor] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.

A warrant committing [judgment debtor] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has been returned unexecuted.

*Sworn/*Affirmed, etc.

*Delete if not applicable.

__________________".

25Appendix A—Scale of costs
(1)In item 14 of the scale of costs in Appendix A to the Magistrates' Court General Civil Procedure Rules 2010, after "swearing," insert "affirming,".
(2)In item 17 of the scale of costs in Appendix A to the Magistrates' Court General Civil Procedure Rules 2010, after "swearing," insert "affirming,".
(3)In item 31 of the scale of costs in Appendix A to the Magistrates' Court General Civil Procedure Rules 2010, after "swearing," insert "affirming,".
(4)In item 32 of the scale of costs in Appendix A to the Magistrates' Court General Civil Procedure Rules 2010, after "swearing" insert "or affirming".
(5)In note E to items 76 to 79 of the scale of costs in Appendix A to the Magistrates' Court General Civil Procedure Rules 2010, after "evidence on oath" insert "or affirmation".

Part 4—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010

26Leave to defend
In Rule 9.04(4) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[3], after "sworn" insert "or affirmed".
27Form 3C substituted
For Form 3C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 substitute—

"CHAPTER II

RULE 3.04

FORM 3C

SERVICE AND EXECUTION OF PROCESS ACT 1992

AFFIDAVIT IN SUPPORT OF ENFORCEMENT

[heading as in Form 3A]

I, [name] of [address]

in the State of MAKE *OATH/*AFFIRM AND SAY:

1.I am *the plaintiff
*a solicitor in the firm of [name of firm], solicitors for the plaintiff, and I have the care and conduct of this matter and make this affidavit according to my information and belief.

2.Judgment was entered in the [name of court] at [place] in the State of [State] on [date]. The terms of the judgment were that the defendant pay the plaintiff the sum of $ [claim] with $ [interest] and $ [costs].
3.The nature of the proceedings was for [describe the nature of proceedings/cause of action].
4.The amount of the judgment which is sought to be enforced is $ [amount] and is the extent the judgment is capable of being enforced in the court of rendition.
5(a).The reasonable costs and expenses of and incidental to obtaining and lodging the copy of the judgment are $ [amount], being the sum paid to obtain a sealed copy of the judgment and $ [amount], being the cost of registering the judgment in Victoria, making a total of $ [amount].
5(b).The costs and expenses reasonably incurred in attempting to execute the judgment in the court of rendition or in another State are—
[set out details of the costs and expenses].
6.Pursuant to section [description] of the [name of the relevant legislation], interest is payable on the judgment from [date] to the date of payment of the judgment [describe the provisions of the legislation referred to which provides the basis of interest calculation].
7.At the date of judgment the applicable interest rate was [percentage figure] %. On [date] the interest rate *will be/*was variedto [percentage figure] %.
8.At the date of swearing or affirming this affidavit, interest in the sum of $ [amount] has accrued and is calculated as follows—
[date of judgment] to [date], [number] days @ [percentage figure] % = $ .
[If relevant, provide additional calculations taking into account payments or variations in interest rate e.g.—
[date] to [date], [number] days @ [percentage figure] % = $ .]
*Sworn/*Affirmed etc.
*Delete if inapplicable

__________________".

28Form 8A substituted
For Form 8A of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 substitute—

"CHAPTER II

RULE 8.01(1)

FORM 8A

AFFIDAVIT IN SUPPORT OF SUMMONS FOR COMMITMENT

[heading as in Form 3A]

I, of , the abovenamed plaintiff [or Australian lawyer for the abovenamed plaintiff] make *oath/*affirm and say:

1.By an order dated [e.g. 5 September, 20 ] it was ordered that [judgment debtor] should pay me [or the plaintiff] the sum of $ [amount] together with $ [amount] costs [or as the case may be].
2.The sum of $ [amount] ordered to be paid [or $ [amount]], part of the sum ordered to be paid is still due and unpaid.
3.I am informed by [name and address] and believe that since the date of the order made against the defendant, the defendant has had sufficient means and ability to pay the sum in respect of which the defendant has made default and has refused or neglected and still refuses or neglects to pay.
*Sworn/*Affirmed, etc.
*Delete if inapplicable

__________________".

Part 5—Amendment of Magistrates' Court (Occupational Health and Safety) Rules 2015

29Form 1 substituted
For Form 1 of the Magistrates' Court (Occupational Health and Safety) Rules 2015[4] substitute—

"Form 1

Rule 6

APPLICATION FOR ISSUE OF ENTRY PERMIT

Occupational Health and Safety Act 2004

Section 83

TO: The Registrar of the Magistrates' Court at [venue]

I [name of applicant], [occupation], being a—

*member of the committee of management

*a member of the committee of management of the [name of branch] branch

of the [name of registered employee organisation] of [address of organisation], which is a registered employee organisation within the meaning of section 79 of the Occupational Health and Safety Act 2004, apply for an entry permit to be issued to [name of prospective permit holder] by the Court under section 83 of that Act.

*STATUTORY DECLARATION/AFFIDAVIT IN SUPPORT OF APPLICATION

I, [name of prospective permit holder]—

*declare that—

*make oath/*affirm and say—

1.I am qualified under section 81 of the Occupational Health and Safety Act 2004 to hold an entry permit.
2.The issue of an entry permit to me would not exceed any limit set out in a Minister's determination under section 80 of the Occupational Health and Safety Act 2004.
*3.   No entry permits issued to me have been revoked.
or
*3.   [insert relevant number] entry permit/*permits issued to me *has/*have been revoked.
4.I *have/*have not been convicted or found guilty of an offence under Part 8 of the Occupational Health and Safety Act 2004.
5.I *have/*have not been convicted or found guilty of an indictable offence within the previous 5 years.
*6.   [in the case of a statutory declaration, this paragraph must be included] I acknowledge that this declaration is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury.

*Declared/*sworn etc.

Registrar

*Delete if inapplicable.".

Dated: 20 June 2019

PETER LAURITSEN,

Chief Magistrate
LANCE IVAN MARTIN,

Deputy Chief Magistrate
FELICITY BROUGHTON,

Deputy Chief Magistrate

═════════════

Endnotes

[1] Rule 4: S.R. No. 181/2019. Reprint No. 1 as at 4 December 2014. Reprinted to S.R. No. 203/2014. Subsequently amended by S.R. Nos 113/2015, 45/2016, 115/2016, 82/2017, 9/2018 and 29/2018.

[2] Rule 7: S.R. No. 140/2010. Reprint No. 3 as at 15 March 2018. Reprinted to S.R. No. 128/2017. Subsequently amended by S.R. Nos 158/2018, 159/2018, 167/2018 and 32/2019.

[3] Rule 26: S.R. No. 141/2010. Reprint No. 2 as at 15 March 2018. Reprinted to S.R. No. 128/2017. Subsequently amended by S.R. No. 167/2018.

[4] Rule 29: S.R. No. 41/2015.