Supreme Court (General Civil Procedure) Rules 2025 (Vic)

Version No. 001

Supreme Court (General Civil Procedure) Rules 2025

S.R. No. 85/2025

Version as at

8 September 2025

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

Part 1—Citation, 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

1.12Order to review

Part 3—Interpretation

1.13Definitions

Part 4—Miscellaneous

1.14Exercise of power

1.14.1Exercise of powers of Registrar by Associate Judge

1.15Procedure wanting or in doubt

1.16Act by corporation

1.17Corporation a party

1.18Power to act by solicitor

1.19Continuation of address for service

Order 2—Non-compliance with the Rules

2.01Effect of non-compliance

2.02Originating process

2.03Application to set aside for irregularity

2.04Dispensing with compliance

Order 3—Time, sittings and Court office

3.01Calculating time

3.02Extension and abridgement

3.03Fixing time

3.04Process in vacation

3.05Time for service

3.06Proceedings after a year

3.07Sittings and vacation

3.08Office

3.09Office hours

Order 4—Process in the Court

Part 1—General

4.01How proceeding commenced

4.02Interlocutory application

4.03Names of parties

4.04When writ required

4.05When originating motion required

4.06Optional commencement by originating motion

4.07Continuance as writ of proceeding by originating motion

4.08Urgent case

Part 2—Certifications requirements for proceedings

4.09Overarching obligations certification

4.09.1Certification of prior overarching obligations certification

4.10Proper basis certification

Order 5—Content, filing and duration of originating process

5.01Definitions

5.02Form of originating process

5.03Appearance

5.04Indorsement of claim on writ

5.05Indorsement of claim on motion

5.06Indorsement as to capacity

5.07Address of parties

5.08Place and mode of trial

5.09Stay on payment of costs

5.10Petition

5.11Filing of originating process

5.12Duration and renewal of originating process

Order 6—Service

6.01When personal service necessary

6.02Personal service of originating process

6.03How personal service effected

6.04Service on particular defendants

6.05Motor car death or bodily injury

6.06Address for service

6.06.1Solicitor 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 solicitor

6.10Substituted service

6.11Confirmation of informal service

6.12Service by filing

6.13Service on agent

6.14Service under contract

6.15Recovery of vacant land

6.16Service of notice by the Court

6.17Affidavit of service

Order 7—Service out of Australia

Part 1—Service out of Australia

7.01Part 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 appearance

7.07Leave to proceed where no appearance by person

7.08Service of other documents out of Australia

7.09Mode of service

Part 2—Service in foreign country

7.09.1Application

7.10Documents required

7.11Translation

7.12Request and undertaking

7.13Procedure on lodgment and filing

7.14Evidence of service

7.15Order for payment of expenses

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—Appearance

8.01Application

8.02Appearance before taking step

8.03Who to file appearance

8.04Time for appearance

8.05Mode of filing appearance

8.06Address for service of defendant

8.07Late appearance

8.08Conditional appearance

8.09Setting aside writ or originating motion

Order 9—Joinder of claims and parties

9.01Joinder of claims

9.02Permissive joinder of parties

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 trial together

9.13Conduct of proceeding

Order 10—Counterclaim

10.01Application of Order

10.02When counterclaim allowed

10.03Counterclaim against plaintiff and another person

10.04Procedure after counterclaim against another person

10.05Trial of counterclaim

10.06Counterclaim inconvenient

10.07Stay of claim

10.08Counterclaim on stay etc., of original proceeding

10.09Judgment for balance

Order 11—Third party procedure

11.01Claim by third party notice

11.02Statement of claim on third party notice

11.03Time for appearance

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

11.08Appearance by third party

11.09Defence of third party

11.10Counterclaim by third party

11.11Default by third party

11.12Discovery and trial

11.13Third party directions

11.14Judgment 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

12.12Trial of interpleader question

Order 13—Pleadings

13.01Formal requirements

13.02Content of pleading

13.03Document or conversation

13.04Fact presumed true

13.05Condition precedent

13.06Implied contract or relation

13.07Matter which must be pleaded

13.08Subsequent fact

13.09Inconsistent pleading

13.10Particulars of pleading

13.11Order for particulars

13.12Admission and denials

13.13Denial by joinder of issue

13.14Money claim as defence

13.15Counterclaim

Order 14—Service of pleadings

14.01Statement of claim indorsed on writ

14.02Statement of claim not indorsed on writ

14.03Alteration of claim as indorsed on writ

14.04Service of defence

14.05Reply

14.06Pleading after reply

14.07Defence to counterclaim

14.08Close of pleadings

14.09Order as to pleadings

14.10Filing of pleadings

Order 15—Persons under disability

15.01Definition

15.02Litigation guardian of person under disability

15.03Appointment of litigation guardian

15.04No appearance 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

15.09Execution against money in court

15.10Counterclaim and claim by third party notice

Order 16—Executors, administrators and trustees

16.01Representation of unascertained persons

16.02Beneficiaries

16.03Deceased person

Order 17—Partners and sole proprietors

17.01Partners

17.02Disclosure of partners

17.03Service of originating process

17.04Appearance by partners

17.05No appearance except by partners

17.06Appearance under objection of person sued as partner

17.07Enforcement of judgment

17.08Enforcement between partners

17.09Attachment of debts

17.10Person using the business name

17.11Charge on partner's interest

Order 18—Representative proceeding

18.01Application

18.02Proceeding by or against representative

18.03Order for representation by defendant

18.04Effect of judgment

Order 18A—Group proceeding

18A.01Application

18A.02Consent to be group member

18A.04Opting out

18A.05Order involving notice

Order 19—Notice of constitutional matter

19.01Definitions

19.02Notice

19.03Filing and service

Order 20—Change of solicitor

20.01Notice of change

20.02Party appointing solicitor

20.03Solicitor ceasing to act

20.04Removal of solicitor from record

20.05Address for service

20.06Death, retirement etc., of Victorian Government Solicitor or Australian Government Solicitor

Order 21—Judgment in default of appearance or pleading

21.01Default of appearance

21.02Default of defence

21.03Judgment for recovery of debt, damages or property

21.04Judgment other than for recovery of debt, damages or property

21.05Proceeding continued against other defendants

21.06Default of defence to counterclaim

21.07Setting aside judgment

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

22.09Assessment of damages

22.10Judgment where debt amount unascertained

22.11Directions

22.12Continuing for other claim or against other defendant

22.13Judgment for delivery up of chattel

22.14Relief against forfeiture

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 pleading

23.01Stay or judgment in proceeding

23.02Striking out pleading

23.04Affidavit evidence

23.05Declaratory judgment

Order 24—Judgment on failure to prosecute or obey order for particulars or discovery

24.01Judgment on dismissal

24.02Failure to obey order

24.03Stay on non-payment of costs

24.04Counterclaim and third party claim

24.05Inherent jurisdiction

24.06Setting aside judgment

Order 25—Discontinuance and withdrawal

25.01Withdrawal of appearance

25.02Discontinuance or withdrawal of proceeding or claim

25.03Proceeding not commenced by writ

25.04Notice of discontinuance or withdrawal

25.05Costs

25.06Discontinuance or withdrawal no defence

25.07Stay on non-payment of costs

25.08Dismissal of inactive proceedings

Order 26—Offers of compromise and offers to compromise on appeal

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

26.11Transitional

Part 3—Offer to compromise on appeal

26.12Appeal to Court of Appeal

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

27.07Scandalous matter

Order 28—Filing, sealing and inspection of documents

Part 1—Filing

28.00Application of this Order

28.01Definitions

28.02How and when a document is filed

28.03Powers of Prothonotary or Registrar

28.03.1Powers of Prothonotary in relation to usernames and passwords

28.03.2Authentication of judgments and orders

28.03.3Confidentiality and privacy

Part 2—Sealing and inspection of Court documents

28.04Seal of the Court

28.05Inspection of documents

Order 29—Discovery and inspection of documents

29.01Application and definition

29.01.1Scope of discovery

29.02Notice for discovery

29.03Discovery after notice

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

29.07Order for discovery

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

29.14Default on discovery

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

30.10Non-compliance with order

30.11Answers as evidence

30.12Interrogatories after directions

Order 31—Discovery by oral examination

31.01Definitions

31.02When available

31.03Party a corporation

31.04How consent given

31.05Effect of consent

31.06Appointment of examiner

31.07Attendance on examination

31.08Party a corporation

31.09Powers of examiner

31.10Record of examination

31.11How party to be examined

31.12Procedure on objection to question

31.13Order to answer question

31.14Costs

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

33.08.1Other medical reports to be served

33.09Opinion on liability

33.10Material for Court

33.11Medical report admissible

33.12No evidence unless disclosed in report

Order 34—Directions

34.01Powers of Court

34.02Nature of directions

34.03Admissions and agreements

34.04Duty to obtain directions

34.05Associates may adjourn directions hearings

Order 35—Admissions

35.01Definition

35.02Voluntary admission of facts

35.03Notice for admission of facts

35.04Judgment 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

36.02Failure to amend within time limited

36.03Amendment of writ or other originating process before service and disallowance of amendment

36.04Amendment of pleading and disallowance of amendment

36.05How pleading amendment made

36.06Pleading to an amended pleading

36.07Amendment of judgment or 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

37.06Interim distribution of property or income

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 Judge of the Court

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 solicitors

37B.07Costs

37B.08Service

37B.09Application to be heard by Judge of the Court

Order 38—Injunctions

38.01When Court may grant

38.02Application before trial

38.03Costs and expenses of non-party

38.04Ouster of office

Order 39—Receivers

39.01Application and definitions

39.02Appointment of receiver

39.03Service of order

39.04Consent of receiver

39.05Security by receiver

39.06Remuneration of receiver

39.07Receiver's accounts

39.08Default by receiver

39.09Directions to receivers

Order 40—Evidence generally

40.01Definition

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 trial

40.12Attendance and production

40.13View

Order 41—Evidence before trial

Part 1—Evidence by deposition

41.01Order for witness examination

41.02Documents for examiner

41.03Appointment for examination

41.04Conduct of examination

41.05Examination of additional persons

41.06Objection

41.07Taking of depositions

41.08Authentication and filing

41.08.1Confidentiality of deposition

41.09Report of examiner

41.10Default of witness

41.11Witness allowance

41.12Perpetuation of testimony

41.13Letter of request

41.14Translation

41.15Undertaking

41.16Order for payment of expenses

Part 2—Applications for taking evidence abroad under Part 2 of the Foreign Evidence Act 1994 of the Commonwealth

41.17Definition

41.18Application

41.19How application made

41.20Directions

41.21Notice of application

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 Prothonotary

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 trial

42A.14Subpoena for trial not affected

Order 43—Affidavits

43.00Definitions for this Order

43.01Form of affidavit

43.02Affidavit by illiterate or blind 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

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

45.01Application and definitions

45.02Evidence by affidavit

45.03Judgment where no appearance

45.04Proceedings after appearance

45.05Special procedure

Order 46—Applications

46.01Application of this Order

46.02Application by summons

46.03Notice of application

46.04Form of summons

46.05Service

46.05.1Day for hearing

46.06Adjournment

46.07Absence of party to summons

46.08Setting aside

Order 47—Place and mode of trial

47.01Place of trial

47.02Mode of trial

47.03Payment of jury fees

47.04Separate trial of question

47.05Judgment after determination of preliminary question

Order 48—Fixing a date for trial

48.01Application

48.02Fixing a date

48.03Notice of trial

48.04Default by plaintiff

48.04.1Payment of setting down fees

48.05Subsequent interlocutory steps

48.06Vacating date for trial

48.07Pre-trial conferences

Order 49—Trial

49.01Order of evidence and addresses

49.02Absence of party

49.03Adjournment of trial

49.04Death before judgment

Order 50—References

50.01Reference to special referee

50.02Directions as to procedure

50.03Report on reference

50.04Use of report

50.05Committal

50.06Remuneration of special referee

50.07Reference to mediator

50.07.1Mediation by Associate Judge

50.07.2Mediation by Costs Registrars

50.07.3Mediation by Prothonotary or Deputy Prothonotary

50.07.4Mediation by judicial registrar

50.08Reference to arbitration

Order 51—Assessment of damages or value

51.01Mode of assessment

51.02Notice to other party

51.03Procedure on assessment

51.04Order for damages

51.05Default judgment against some defendants

51.06Continuing cause of action

51.07Value of goods

Order 52—Accounts and inquiries

52.01Account or inquiry at any stage

52.02Directions for account

52.03Form and verification of account

52.04Filing and service of account

52.05Notice of charge, error in account

52.06Allowances

52.07Delay

52.08Fund distribution before all entitled ascertained

52.09Restrictive covenant

Order 53—Summary proceeding for recovery of land

53.01Application of Order

53.02Originating process

53.03Who to be defendant

53.04Affidavit in support

53.05Service

53.06Occupier made a party

53.07Judgment for possession

53.08Warrant of possession

Order 54—Administration of estates and execution of trusts

54.01Definitions

54.02Relief without general administration

54.03Parties

54.04Notice of proceeding and judgment

54.05Relief in proceeding by originating motion

54.06Judgment in administration proceeding

54.07Conduct of sale

Order 55—Sale of land by order of Court

55.01Definition

55.02Power to order sale

55.03Notice of application

55.04Manner of sale

55.05Certifying result of sale

55.06Mortgage, exchange or partition

Order 56—Judicial review

56.01Judgment or order instead of writ

56.02Time for commencement of proceeding

56.03Service of originating motion and of summons for directions

56.04Appearance and summons for directions

56.05Directions generally

56.06Stay

Order 57—Habeas corpus

57.01Definition

57.02Application for writ

57.03Order on application

57.04Further application for writ

57.05Service

57.06Disobedience

57.07Return to the writ

57.08Person detained before Court

57.09Other habeas corpus

57.10Departing debtor

Order 58—Appeals from lower jurisdictions

Part 1—Appeals from the County Court

58.01Procedure

Part 2—Appeals from an associate judge of the County Court

58.02Appeal from associate judge of the County Court by leave

58.03Application for leave

58.04Hearing of appeal

58.05Stay

Part 3—Appeals on a question of law

58.06Application of Part

58.07Commencement of appeal

58.08Notice of appeal

58.09Appellant to file affidavit

58.10Directions

58.11Leave to appeal

58.12Stay

58.13Expedition

58.14Report

Part 4—Appeals under section 271 of, or clause 13 or 18 of Schedule 1 to, the Children, Youth and Families Act 2005

58.17Application of Part

58.18Institution of appeal

58.19Affidavit in support

58.20Hearing

58.21Stay

Part 7—Appeals under Part 7 of the Coroners Act 2008

58.33Definitions

58.34Commencement of appeal

58.35Notice of appeal

58.36Appeal out of time taken to be application for leave to appeal

58.37Appellant to file affidavit

58.38Certain appeals do not require directions

58.39Directions

58.40Expedition

58.41Report from Coroners Court

Order 59—Judgments and orders

59.01General relief

59.02Date of effect

59.03Time for compliance

59.04Statement of reasons for judgment

59.05Notice of judgment to non-party

59.06Consent judgment or order by filing

59.07Consent to judgment or order by parties not in attendance

59.08Powers of Prothonotary

Order 60—Authentication and filing of judgments and orders

60.01When authentication required

60.02Mode of authentication

60.03Drawing up of judgment or order

60.05Recitals in judgments and orders

60.08Form of judgment or order

60.09Interpretation

Order 61—Judgment debt instalment order

61.01Definitions

61.02Application under section 6 or 8

61.03Instalment agreement under section 7

61.04Summons for oral examination of judgment debtor

61.05Notice of instalment order confirmed, varied or cancelled

61.06Order for imprisonment

61.07Certificate of payment

61.08Notices

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

63.01Definitions and application

63.01.1Taxing of costs in proceedings in County Court, Magistrates' Court and VCAT

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

63.06Officers of Court to assist each other

63.07Taxed or other costs provision

63.08Default judgment

63.09Costs in other court or tribunal

63.10No order for taxation required

63.11Enforcement of order of Costs Court

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

63.17Amendment

63.18Non-admission of fact or document

63.19Interlocutory injunction

63.20Interlocutory application

63.20.1Taxation of costs on interlocutory application or hearing

63.21Inquiry as to ownership of property

63.22Costs reserved

63.23Costs liability of lawyer

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

63.34Costs allowable

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 Court

63.35Powers of Costs Court

63.36Costs of taxation

Part 5—Procedure on taxation

63.37Application

63.38Summons for taxation

63.39Filing of bill

63.40Service of bill

63.41Defendant not appearing

63.42Content of bill of costs

63.43Disbursement or fee not paid

63.44Charge of legal practitioner for work done out of Victoria

63.45Amendment of bill

63.46Agreement as to part of bill

63.47Objection to bill

63.49Taxation where no objection

63.50Attendance of parties

63.51Reference to Judge of the Court

63.52Notice to person interested in fund

63.53Application by person liable to pay

63.54Solicitor at fault

63.55Cross costs

63.56Order on taxation

Part 6—Costs of a solicitor

63.58Application

63.59Basis of taxation of costs payable by client

63.60Taxation between solicitor and client

63.61Basis of taxation of costs payable otherwise than by client

63.63Procedure on taxation

63.65Reference for taxation

63.66Inclusion in bill of disbursement not made

63.67Failure to serve bill or tax

Part 7—Allowances on taxation generally

63.68Application

63.70Unreasonable and careless work

63.71Gross sum for costs

63.75Service of several documents

63.76Defendants with same solicitor

63.77Procuring evidence

63.78Negotiations

63.80Retainer of counsel

63.83Premature brief

Part 8—Alternative assessment procedure

63.86Application of this Part

63.87Notice of estimate and filing of bill

63.88Estimate

63.89Withdrawal of objection

63.89.1Costs of taxation—alternative assessment procedure

Part 9—Review, reconsideration and appeal

63.90Interpretation

63.91Review under section 17H of the Act of costs registrar's determination

63.92Costs Judge may exercise powers under Rule 63.91

63.93Reconsideration of judicial registrar's determination

63.94Review under section 17HA of the Act of judicial registrar's determination

63.95Reconsideration of determinations of Costs Judge

63.96Appeals to the Trial Division

63.97Appeal to be brought by notice of appeal

63.98Time for notice of appeal

63.99Contents of notice of appeal

63.100Leave to appeal

63.101Evidence and grounds in appeals against taxation

63.102Nature of appeal

63.103Powers of the Trial Division

63.104Stay

63.105Cross-appeal

63.106Notice of contention

Order 64—Appeals and applications to the Court of Appeal

64.01Definitions

64.02Commencement of appeal by filing notice of appeal

64.03Applications, including for leave to appeal

64.04Contents of application for leave to appeal or notice of appeal

64.05Time for filing application for leave to appeal or notice of appeal

64.06Service of applications, notices of appeal and related documents

64.07Time for service of application, including for leave to appeal, or notice of appeal

64.08Extension of time to file or serve application, including for leave to appeal, or notice of appeal

64.09Service on non-party

64.10Application for leave to intervene

64.11Documents to be filed and served in response to application, including for leave to appeal, or appeal

64.12Amendment of application for leave to appeal or notice of appeal or written case

64.13Further evidence in application for leave to appeal or appeal

64.14Determination of applications

64.15Procedure for determination of application by single Judge of Appeal

64.16Procedure for determination of application when referred to Court of Appeal constituted by 2 or more Judges of Appeal

64.17Finality of dismissal of application for leave to appeal after oral hearing

64.18Application to set aside or vary dismissal of application for leave to appeal

64.19Application for leave to appeal may be treated as appeal

64.20No notice of appeal or other initiating or responding documents required if leave to appeal granted

64.21Management of applications and appeals

64.22Settling contents of application book and appeal book

64.23Costs of compliance with directions

64.24Notes for guidance

64.25Provision of leave application book and appeal book

64.26Costs of leave application book and appeal book

64.27Referral of applications to Court of Appeal

64.28Registrar may vacate hearing date or refer for dismissal

64.29Discontinuance of application or appeal

64.30Cross-appeal

64.31Cross-application for leave to appeal

64.32Notice of contention

64.33Notice of objection to competency of appeal or application

64.34Effect of cross-application for leave to appeal, cross‑appeal and notice of contention

64.35Time

64.36Powers of the Court of Appeal

64.37New trial

64.38Costs

64.39Stay of execution

64.40Jurisdiction and powers exercisable by a single Judge of Appeal

64.41Jurisdiction and powers exercisable by 2 Judges of Appeal

64.42Powers of and directions given by Associate Judges and Registrar

64.43Further powers of Registrar

64.44Exercise of powers and functions of the Court of Appeal by Associate Judge or Registrar

64.45Application or appeal taken to be abandoned

64.46Dismissal for want of prosecution or non-compliance

64.47Expedition

Order 65

Order 66—Enforcement of judgments and orders

66.01Definitions

66.02Payment of money

66.03Possession of land

66.04Delivery of goods

66.05Doing or abstaining from doing any act

66.06Attendance of natural person

66.07Attendance of corporation

66.08Attendance before another court etc.

66.09Contempt

66.10Service before committal or sequestration

66.11Substituted performance

66.12Enforcement by or against non-party

66.13Non-performance of condition

66.14Matters occurring after judgment

66.15Order in aid of enforcement

66.16Stay of execution

Order 67—Discovery in aid of enforcement

67.01Definitions

67.02Order for examination or production

67.03Corporation

67.04Procedure

67.05Conduct money

67.06Record of examination

Order 68—Warrants of execution generally

68.01Definitions

68.02Leave to issue warrant

68.03Separate execution for costs

68.04Issue of warrant of execution

68.05Duration

68.06Costs of prior execution

68.07Provision for enforcing payment of money

68.08Form of warrant of execution

Order 69—Warrant of seizure and sale

69.01Definitions

69.02New enforcement process

69.03Two or more warrants

69.04Order of sale

69.05Time, place and mode of sale

69.06Advertisement of sale

69.07Notional possession of goods

Order 70—Warrant of possession

70.01Payment of money

70.02Removal of goods on warrant of possession

Order 71—Attachment of debts

71.01Definitions and application

71.02What debts attachable

71.03Bank account

71.04Filing and service of garnishee summons

71.05Evidence on application for garnishee summons

71.06Garnishee summons

71.07Service of summons

71.08What debts attached, when and to what extent

71.09Payment to judgment creditor

71.10Dispute of liability by garnishee

71.11Claim by other person

71.12Discharge of garnishee

71.13Money in court

71.14Costs

Order 72—Attachment of earnings

72.01Definitions

72.02Application for attachment of earnings order

72.03Making of order

72.04Attendance of or information about 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 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

73.01Definitions

73.02Order charging securities

73.03Filing and service of charging summons

73.04Evidence on application for charging summons

73.05Charging summons

73.06Service of summons

73.07Effect of service of summons

73.08Order on summons hearing

73.09Effect and enforcement of charge

73.10Variation or discharge of order

73.11Order charging funds in court

73.12Stop order for funds in court

73.13Stop notice on corporation stock not in court

73.14Effect of stop notice

73.15Withdrawal or discharge of stop notice

73.16Prohibition of transfer of or payment on stock

Order 74—Enforcement by appointment of receiver

74.01Procedure

74.02Appointment of receiver by way of equitable execution

Order 75—Contempt

Part 1—Interpretation

75.01Definition

Part 2—Summary proceedings for contempt

75.02Contempt in face of the Court

75.03Procedure on hearing of charge

75.04Custody pending disposal of charge

Part 3—Other procedure for contempt

75.05Application

75.06Procedure

75.07Application by Prothonotary

75.08Arrest of respondent

75.08.1Arrest pending contempt hearing

Part 4—Committal and costs

75.10Application

75.11Punishment for contempt

75.12Discharge

75.13Warrant for committal

75.14Costs

Order 76—Sequestration

76.01Definitions

76.02Enforcement by sequestration

76.03Order for sequestration

76.04Application

Order 77—Authority of Associate Judges

77.01Authority

77.02Limitation on authority

77.03Associate Judge to hear application

77.04Reference by Associate Judge to Judge of the Court

77.05Reference by Judge of the Court to Associate Judge

77.06Appeal to Trial Division constituted by Judge of the Court

77.06.1Bringing an appeal

77.06.2Time for filing of notice of appeal or application for leave to appeal

77.06.3Contents of notice of appeal

77.06.4Service of notice of appeal

77.06.6Stay

77.06.7Cross-appeal

77.06.8Notice of contention

77.06.9Powers of Judge of the Court hearing appeal

77.07Appeal to the Court of Appeal

77.08Associate Judge may act for another

Order 78—Proceedings under judgment

78.01Definition

78.02Directions in judgment

78.03Claims

78.04Interest on debts

78.05Interest on legacies

78.06Account or inquiry by Associate Judge

78.07Associate Judge's order

78.08Appeal from Associate Judge

Order 79—Funds in Court

Part 1—Interpretation

79.01Definitions

Part 2—General

79.02Application of money

79.03Money in court for person under disability

79.04Payment into court for person under disability

79.05Certificate of receipt

79.06Delay

Part 3—Common funds

79.07Investments in name of Senior Master

79.08Investments on separate account

79.09Interest

Part 4—Proceeding in another court

79.10Proceeding in another court

Part 5—Authority of the judicial registrar

79.11References to Senior Master include other Associate Judges

79.12Authority

79.13Reference by Senior Master to the judicial registrar

79.14Powers

79.15Reference by the judicial registrar to Senior Master

79.16Appeals

Order 80—Service under the Hague Convention

Part 1—Preliminary

80.01Definitions

80.02Provisions of this Order to prevail

Part 2—Service abroad of local judicial documents

80.03Application of Part

80.04Application for request for service abroad

80.05How application to be dealt with

80.06Procedure on receipt of certificate of service

80.07Payment of costs

80.08Evidence of service

Part 3—Default judgment following service abroad of initiating process

80.09Application of Part

80.10Restriction on power to enter default judgment if certificate of service filed

80.11Restriction on power to enter default judgment if certificate of service not filed

80.12Setting aside judgment in default of appearance

Part 4—Local service of foreign judicial documents

80.13Application of Part

80.14Certain documents to be referred back to the Attorney-General's Department of the Commonwealth

80.15Service

80.16Affidavit as to service

Order 81—Obtaining evidence for external court or tribunal

81.01Procedure

81.02Examiner

81.03Conduct of examination

81.04Attendance of non-party

81.05Deposition and exhibits

81.06Certificate

Order 82—Procedure under the Open Courts Act 2013

82.01Definitions

82.02Notice of application for suppression order

Order 83—Procedure under the Vexatious Proceedings Act 2014

Part 1—Preliminary

83.01Definitions

Part 2—Applications generally

83.02Applications for litigation restraint orders by person requiring leave

83.03Applications by Attorney-General for litigation restraint orders

Part 3—Own motion procedure

83.04Application of this Part

83.05Application by Prothonotary for litigation order—own motion of Court

83.06Costs

Part 4—Applications where litigation orders are in force

83.07Application for leave to proceed under limited litigation restraint order

83.08Application for leave to proceed under extended litigation restraint order

83.09Application for leave to proceed under general litigation restraint order

83.10Notice of application for leave to proceed

83.11Application for leave to apply for variation or revocation of litigation restraint order

83.12Application to vary or revoke litigation restraint order

83.13Notice of application to vary or revoke litigation restraint order

83.14Power of Prothonotary under Rule 28.03 not limited

Part 5—Appeals on a question of law under Part 10 of the Vexatious Proceedings Act

83.15Application for leave to appeal under Part 10 of Vexatious Proceedings Act

83.16Notice of application for leave to appeal

Order 84—Authority of judicial registrars

84.01Interpretation

84.02Authority of judicial registrars

84.03Reference by Judge of the Court to judicial registrar

84.04Reference by Associate Judge to judicial registrar

84.05Appeal from determination by a judicial registrar

84.06Filing of notice of appeal

84.07Contents of notice of appeal

84.08Service of notice of appeal

84.09Extension of time

84.10Evidence

84.11Appeal incompetent

84.12Appeal does not operate as stay

84.13Judicial registrar may act for another

Order 85—Procedure under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018

85.01Definitions

85.02Nomination of proper defendant

85.03Amendment, filing and service of originating process and statement of claim

85.04Application for order that associated trust be proper defendant

Appendix A—Supreme Court Scale of Costs

Form 4A—Overarching obligations certification

Form 4AB—Certification of prior overarching obligations certification

Form 4B—Proper basis certification

Form 5A—Writ

Form 5B—Originating motion between parties

Form 5C—Originating motion between parties

Form 5D—Originating motion

Form 5E—Originating motion for recovery of land under Order 53

Form 5G—Originating motion for judicial review

Form 7AAA—Service out of Australia— Notice to defendant served out of Australia

Form 7A—Letter of request for service of document

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 appearance

Form 8B—Notice of conditional appearance

Form 10A—Heading and notice on counterclaim where defendant new party

Form 10B—Notice of appearance to counterclaim

Form 11A—Third party notice

Form 11B—Notice by one tortfeasor claiming contribution against another

Form 12A—Notice of claim to goods taken in execution

Form 15A—Order approving compromise of claim of minor

Form 15B—Order approving compromise of claim under Part III of Wrongs Act for benefit of minor

Form 18AA—Notice of consent to be a group member

Form 18AB—Notice of opting out by group member

Form 19A—Notice of a constitutional matter

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 39A—Deed of guarantee

Form 41A—Order for examination within Victoria

Form 41B—Order for examination out of Victoria

Form 41C—Order for letter of request to judicial authority out of Victoria

Form 41D—Letter of request for examination of witness

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 Prothonotary

Form 43A—Certificate identifying exhibit or exhibits

Form 44A—Expert witness code of conduct

Form 44AA—Court interpreters' code of conduct

Form 45A—Summons on originating motion—proceedings after appearance

Form 45B—Summons on originating motion—special procedure

Form 46A—Summons

Form 48A—Notice of trial

Form 48B—Notice of trial

Form 53A—Judgment in summary proceeding for recovery of land

Form 53B—Warrant of possession in summary proceeding for recovery of land

Form 57A—Writ of habeas corpus

Form 58A—Notice of appeal

Form 59A—Notice of judgment

Form 60A—General form of judgment given

Form 60B—General form of judgment entered

Form 60C—General form of order

Form 60D—Judgment at trial without a jury

Form 60E—Judgment at trial by Judge with a jury

Form 60F—Judgment or Order at trial of preliminary question

Form 60G—Default judgment for debt

Form 60H—Default judgment for recovery of land

Form 60J—Interlocutory or interlocutory and final judgment for damages in default

Form 60K—Final judgment for damages or value in default

Form 60L—Interlocutory or interlocutory and final judgment for detention of goods in default

Form 61A—Application for order for payment of judgment debt by instalments

Form 61B—Application for order in substitution for order for payment of judgment debt by instalments

Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments

Form 61D—Order relating to payment of judgment debt by instalments

Form 61E—Notice of order or refusal of order for payment of judgment debt by instalments

Form 61F—Notice of objection

Form 61G—Notice of hearing of objection

Form 61H—Notice by Court relating to payment of judgment debt by instalments

Form 61J—Instalment agreement

Form 61K—Order for instalment payment of judgment debt after agreement

Form 61L—Notice of order for instalment payment of judgment debt after agreement

Form 61M—Summons to attend for oral examination

Form 61N—Warrant of apprehension on disobedience to summons

Form 61P—Notice to judgment creditor of summons or warrant to judgment debtor

Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order

Form 61R—Certificate of payment

Form 63A—Summons for taxation of costs

Form 64A—Application for leave to appeal/notice of appeal/cross-application for leave to appeal/notice of cross-appeal

Form 64B—Application other than for leave to appeal or to cross-appeal

Form 64C—List of persons served

Form 64D—Notice of opposition to application other than for leave to appeal

Form 64E—Notice of intention not to respond or contest

Form 64F—Application to have dismissal of application for leave set aside or varied

Form 64G—Notice of contention

Form 64H—Notice of objection to competency

Form 68A—Warrant of seizure and sale

Form 68B—Warrant of possession

Form 68C—Warrant of delivery

Form 69A—Advertisement of sale by the sheriff

Form 71A—Garnishee summons

Form 71B—Garnishee order

Form 71C—Garnishee order

Form 72A—Attachment of earning summons

Form 72B—Affidavit in support of application for attachment of earnings order

Form 72C—Judgment debtor's statement of financial situation

Form 72D—Summons for an order to attend for examination or furnish particulars

Form 72E—Affidavit in support of summons for an order to attend for examination or furnish particulars

Form 72F—Order that judgment debtor attend or give statement

Form 72G—Order that person indebted to or employer of judgment debtor give statement

Form 72H—Attachment of earnings order

Form 72J—Notice to employer

Form 72K—Notice by employer that judgment debtor is not in employer's employ

Form 72L—Notice of cessation of attachment of earnings order

Form 73A—Charging summons

Form 73B—Affidavit as to stock

Form 73C—Notice as to stock

Form 75A—Arrest warrant in summary proceedings for contempt in face of Supreme Court

Form 75B—Arrest warrant in contempt proceedings by summons or originating motion

Form 75BA—Arrest warrant pending contempt hearing

Form 75C—Committal warrant

Form 77A—Notice of address for service

Form 80A—Request for service abroad of judicial documents and certificate

Form 80B—Summary of the document to be served

Form 82A—Notice of application for suppression order

Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order

Form 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order

Form 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order

Form 83D—Application for leave to continue proceeding by person subject to general litigation restraint order

Form 83E—Application for leave to commence proceeding by person subject to general litigation restraint order

Form 83F—Notice of application for leave to proceed

Form 83G—Application for leave to apply to vary or revoke litigation restraint order

Form 83H—Application to vary or revoke litigation restraint order

Form 83I—Notice of application to vary or revoke litigation restraint order

Form 83J—Application for leave to appeal on question of law

Form 83K—Notice of application for leave to appeal on a question of law

Form 84A—Notice of address for service

Form 85A—Nomination of proper defendant

Schedule 1—Revoked Statutory Rules

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

Supreme Court (General Civil Procedure) Rules 2025

S.R. No. 85/2025

Version as at

8 September 2025

ORDER 1—PRELIMINARY

Part 1—Citation, commencement and revocation

1.01Title and object

(1)These Rules constitute Chapter I of the Rules of the Supreme Court and are entitled the Supreme Court (General Civil Procedure) Rules 2025.

(2)The object of these Rules is to re-make the general rules of procedure in civil proceedings to constitute a new Chapter I of the Rules of the Supreme Court.

1.02Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

1.03Commencement and revocation

(1)These Rules come into operation on 8 September 2025.

(2)The Rules listed in Schedule 1 are revoked.

Part 2—Application of Rules

1.04Definitions

In this Part—

commencement date means 8 September 2025;

former Rules means the Supreme Court (General Civil Procedure) Rules 2015;

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 Rule 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 any other Chapter of the Rules of the Supreme Court applies except as that Chapter provides.

(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 this Part, anything so done or omitted is taken to have been done or omitted under these Rules.

1.06Jurisdiction not affected

Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement date.

1.07–1.11 *                *                *                *                *

Note

There are currently no Rules 1.07 to 1.11.

1.12Order to review

(1)Unless the Court otherwise orders, subject to paragraph (2), these Rules apply, with any necessary modification, to an order for review under the Administrative Law Act 1978.

(2)A proceeding of a kind referred to in paragraph (1) shall not be commenced by writ or originating motion.

Part 3—Interpretation

1.13Definitions

(1)In these Rules, unless the context or subject matter otherwise requires—

Act includes any Act passed by the Parliament of the Commonwealth;

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;

Convention, other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;

Convention country, other than in Order 80, means a foreign country to which a Convention applies;

corporation means any body corporate, whether formed within or out of Victoria;

defendant includes respondent;

discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination, and make discovery of documents means make 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;

judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

judicial officer means—

(a)Judge of the Court;

(b)Associate Judge;

(c)judicial registrar;

officer, in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;

order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;

originating process means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;

pdf., in relation to a document, means portable document format;

pleadingincludes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;

practice note means any practice note issued from time to time by or on behalf of the Chief Justice;

proceeding means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;

question means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;

RedCrest means the electronic filing system in operation in the Court from time to time;

Registrar means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;

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 Supreme Court Act 1986.

(2)In these Rules, unless the context or subject matter otherwise requires—

(a)a reference to a Judge of the Court is a reference to the Court constituted by a Judge of the Court;

(b)a reference to an Associate Judge is a reference to the Court constituted by an Associate Judge;

(c)a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;

(d)a reference to the Costs Court is a reference to—

(i)the Costs Court constituted by a Costs Judge or by a judicial registrar; and

(ii)the exercise of a power of the Costs Court by a judicial registrar, Costs Registrar or a Deputy Costs Registrar.

(e)a reference to a judicial officer is a reference to the Court constituted by the relevant judicial officer.

(3)Where these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.

Part 4—Miscellaneous

1.14Exercise of power

(1)In exercising any power under these Rules the Court—

(a)shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined;

(b)may give any direction or impose any term or condition it thinks fit.

(2)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.

1.14.1   Exercise of powers of Registrar by Associate Judge

Any Associate Judge may exercise any power or authority conferred on the Registrar by or under these Rules.

1.15Procedure wanting or in doubt

(1)Where 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 shall 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 shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.

1.16Act by corporation

Where 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 or as the Court otherwise orders, a corporation, whether or not a party, shall not take any step in a proceeding save by a solicitor.

(2)If a corporation a party to a proceeding in the Court changes its name it shall—

(a)file written notice of the change of name with the Prothonotary; and

(b)serve a copy of that notice on all other parties to the proceeding.

(3)The notice shall—

(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.

(4)After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".

1.18Power to act by solicitor

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 solicitor.

1.19Continuation of address for service

Subject to these Rules, where 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.

ORDER 2—NON-COMPLIANCE WITH THE RULES

2.01Effect of non-compliance

(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document, judgment or order in the proceeding, a nullity.

(2)Subject to Rules 2.02 and 2.03, where 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, judgment or order in the proceeding;

(c)exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.

2.02Originating process

The Court shall not wholly set aside any proceeding or the originating process 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 shall not set aside any proceeding or any step taken in any proceeding or any document, judgment or order in any proceeding on the ground of a failure to which Rule 2.01 applies on the application of any party unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.

2.04Dispensing with compliance

(1)The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

(2)Without limiting paragraph (1), the Registrar may dispense with compliance with any of the requirements of Order 64, either before or after the occasion for compliance arises.

ORDER 3—TIME, SITTINGS AND COURT OFFICE

3.01Calculating time

(1)Any period of time fixed by these Rules or by any judgment or order or by any document in any proceeding shall be calculated in accordance with this Rule.

(2)Where a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded.

(3)Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.

(4)Where a period of 5 days or less would include a day on which the office of the Court is closed, that day shall be excluded.

(5)Where the last day for doing any act is a day on which the office of the Court 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

Where no time is fixed by these Rules or by any judgment or 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 shall be excluded, unless the Court otherwise orders.

(2)Where the Court makes an order under paragraph (1), the party on whose application the order was made shall serve a copy of the order—

(a)in the case of an order with respect to the time for appearance to originating process, with the originating process;

(b)in any other case, on every other party forthwith.

3.05Time for service

(1)In this Rule document does not include originating process.

(2)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time any document which is served after 4.00 p.m. or on any day the office of the Court is closed shall be taken to have been served on the next day the office is open.

3.06Proceedings after a year

Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give to every other party not less than one month's notice in writing of that party's desire.

Note

See also Rule 25.08.

3.07Sittings and vacation

The sittings and vacations of the Court shall be held at such times as the Judges of the Court shall direct.

3.08Office

The office of the Court shall be open on every day of the year except—

(a)Saturdays and Sundays; and

(b)every day duly appointed as a general public holiday.

3.09Office hours

The hours of the office of the Court are from 9.30 a.m. to 4.00 p.m.

ORDER 4—PROCESS IN THE COURT

Part 1—General

4.01How proceeding commenced

Except where otherwise provided by or under any Act or these Rules a proceeding in the Court shall be commenced by writ or by originating motion.

4.02Interlocutory application

An interlocutory or other application in a proceeding made on notice to any person shall be by summons.

4.03Names of parties

(1)Except as provided by this Rule, a person who commences a proceeding shall be called a plaintiff and a person against whom a proceeding is commenced shall be called a defendant.

(2)A person who commences a proceeding under Rule 32.03, 32.05, 37.02 or 75.06(3) shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent.

(3)A person who commences a proceeding referred to in Rule 1.12 shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent.

(4)A person who appeals shall be called an appellant and any other party to the appeal shall be called a respondent.

(5)Where any appellant or respondent on an appeal is a party to a proceeding, the appellant or respondent shall be so identified in any document in the appeal by the expression "(Plaintiff)", "(Defendant)", "(Applicant)" or other description of party after the word "Appellant" or "Respondent" in the title of the document.

4.04When writ required

Except as provided by Rules 1.12, 4.05 and 4.06 and Order 58, every proceeding shall be commenced by writ.

4.05When originating motion required

A proceeding shall be commenced by originating motion—

(a)where there is no defendant to the proceeding;

(b)where by or under any Act an application is authorised to be made to the Court; or

(c)where required by these Rules.

4.06Optional commencement by originating motion

A proceeding may be commenced by originating motion where—

(a)it is unlikely that there will be any substantial dispute of fact; and

(b)for that reason it is appropriate that there be no pleadings or discovery.

4.07Continuance as writ of proceeding by originating motion

(1)Where a proceeding in which there is a defendant is commenced by originating motion, but ought by or under any Act or these Rules to have been commenced by writ, or might in the opinion of the Court more conveniently continue as if commenced by writ—

(a)the Court may order that the proceeding continue as if it had been commenced by writ and, in particular, may order that any affidavits already filed in the proceeding shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof or that pleadings be served between the parties, and that the parties have discovery of each other; and

(b)by virtue of that order, the proceeding shall be taken to have been duly commenced for all purposes on the day the originating motion was filed.

(2)Any reference in these Rules to a proceeding commenced by writ shall, unless the context otherwise requires, be taken to include a reference to a proceeding in respect of which an order has been made under paragraph (1).

4.08Urgent case

In an urgent case, on the application of a person who intends to commence a proceeding and upon that 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.

Part 2—Certifications requirements for proceedings

4.09Overarching obligations certification

For the purposes of section 41(2) of the Civil Procedure Act 2010, the overarching obligations certification shall 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 shall 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 judgments 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 shall be in Form 4B.

ORDER 5—CONTENT, FILING AND DURATION OF ORIGINATING PROCESS

5.01Definitions

In this Order—

originating process means writ, originating motion or other process by which a proceeding is commenced;

writ does not include writ of habeas corpus.

5.02Form of originating process

(1)A writ shall be in Form 5A.

(2)An originating motion shall be in Form 5B, 5C, 5D, 5E or 5G, whichever is appropriate.

5.03Appearance

(1)A writ and, unless there is no defendant, an originating motion shall be indorsed with a statement to the effect that, if the defendant does not file an appearance within the time stated in the originating process, the plaintiff may obtain judgment against the defendant without further notice.

(2)Except as provided in paragraph (3), the time for appearance to be stated in the originating process shall be as provided by Rule 8.04.

(3)An originating motion under Order 53 or Order 56 which names a defendant shall state that the defendant may file an appearance on or before the day specified in the originating motion for application to the Associate Judge.

5.04Indorsement of claim on writ

(1)A writ shall contain an indorsement of claim.

(2)The indorsement of claim shall be—

(a)a statement of claim; or

(b)a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding.

(3)An indorsement of claim on a writ shall constitute a statement of claim if, but only if, it is headed "Statement of Claim".

5.05Indorsement of claim on motion

An originating motion shall specify—

(a)the relief or remedy sought and the Act, if any, under which the claim is made; and

(b)where it includes any question to be answered, the question shall be stated.

5.06Indorsement as to capacity

Where a party sues or is sued in a representative capacity, the originating process shall be indorsed with a statement showing that capacity.

5.07Address of parties

(1)An originating process shall be indorsed with—

(a)the address of the plaintiff;

(b)the address of any defendant;

(c)where the plaintiff sues by a solicitor, the name or firm and the business address of the solicitor and also, if the solicitor is the 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)On the application of the plaintiff, the Prothonotary, at any time, for special reason, may dispense with the requirement in paragraph (1)(a) or (d).

(2)Where any originating process is indorsed with the name of a solicitor—

(a)the solicitor shall, on request in writing by a defendant, declare in writing whether the originating process was filed by the solicitor; and

(b)if the solicitor declares in writing that the originating process was not filed by the solicitor, the Court may stay the proceeding.

5.08Place and mode of trial

(1)A writ shall be indorsed with a statement of the place and mode of trial desired.

(2)If the writ is not indorsed with a statement as to the place of trial, the plaintiff shall be taken to desire trial in Melbourne, and, if the writ is not indorsed with a statement as to the mode of trial, the plaintiff shall be taken to desire trial without a jury.

(3)The plaintiff may indorse an originating motion with a statement of the place of trial desired, and, if the originating motion is not so indorsed, the plaintiff shall be taken to desire trial in Melbourne.

5.09Stay on payment of costs

(1)Where in a proceeding commenced by writ the plaintiff claims a debt only, the writ shall be indorsed with—

(a)a statement of the amount of the debt and the amount claimed for costs; and

(b)a statement that the proceeding will come to an end if, within the time limited for filing an appearance, the defendant pays the amounts so claimed to the plaintiff or the plaintiff's solicitor.

(2)Where a writ is indorsed in accordance with paragraph (1), and the defendant pays the amounts claimed within the time limited for filing an appearance, then, except as provided by paragraph (3), the proceeding shall come to an end.

(3)The defendant may, notwithstanding the payment, have the costs taxed, and, if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.

5.10Petition

A petition shall include at the end—

(a)a statement of the person intended to be served, if any; or

(b)if no person is intended to be served, a statement to that effect.

5.11Filing of originating process

(1)A proceeding shall be commenced by filing the originating process.

(1.1)An originating process is filed when the originating process has been dealt with in accordance with Rule 28.02.

(2)The originating process for filing shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person, but need not be signed by the Prothonotary.

(3)Subject to paragraph (4), in a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, where it exceeds 25 pages, of the relevant parts shall be lodged with the Prothonotary at the time the originating motion is filed.

(4)In a proceeding commenced by originating motion filed in RedCrest, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, if it exceeds 25 pages, of the relevant parts shall be filed in RedCrest together with the originating motion.

(5)If the Prothonotary's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be submitted in RedCrest for filing when it is next possible to do so—

(a)the Court may—

(i)initial the originating process and such number of copies as are required for service; or

(ii)send an email to the plaintiff, with the originating process attached, stating that the originating process is filed pursuant to this Rule and that copies of that originating process with the email attached may be used for service; and

(b)on such initialing or the sending of the email the originating process shall be taken to have been sealed and filed.

5.12Duration and renewal of originating process

(1)A writ or an originating motion shall be valid for service for one year after the day it is filed.

(2)Where a writ or originating motion has not been served on a defendant, the Court may, from time to time, by order extend the period of validity for such period from the day of the order as the Court directs, being not more than one year from that day.

FILED [insert date]

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83B—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 83.08

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

(Section 52(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].

In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83C—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

Rule 83.08

IN THE SUPREME COURT

OF VICTORIA

20       No.

IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER

I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.

In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to commence a proceeding, namely [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83D—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 83.09

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

(Section 54 of the Vexatious Proceedings Act 2014)

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].

In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to continue *this proceeding/*a proceeding, namely [identify the proceeding];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83E—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

Rule 83.09

IN THE SUPREME COURT

OF VICTORIA

20       No.

IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER

I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.

In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

1.leave to commence a proceeding, namely [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];

2.[set out any other orders sought].

ACCOMPANYING AFFIDAVIT

This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—

(a)details of each application for leave to proceed made by the applicant;

(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—

(i)that is a vexatious application or a vexatious proceeding (as defined in the Act); or

(ii)which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);

(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83F—NOTICE OF APPLICATION FOR LEAVE TO PROCEED

Rule 83.10

[heading as used in application for leave to proceed]

NOTICE OF APPLICATION FOR LEAVE TO PROCEED

(Section 60 of the Vexatious Proceedings Act 2014)

TO:

(a)the Attorney-General;

(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows:  [describe the relief sought in the application].

Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.

This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.

You are entitled to make submissions in relation to the application.

Date:

Any Questions?

If you have any questions, please contact the Prothonotary's Office at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

FORM 83G—APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.11

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that leave to apply should be given to *vary the order/*revoke the order, on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks leave to apply for—

*1.variation of the order in the following manner [specify variation of order sought];

*1.revocation of the order;

2.[set out any other orders sought].

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83H—APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.12

*[heading as in originating process]/*[heading in accordance with Rule 27.02]

APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 65(1) of the Vexatious Proceedings Act 2014)

I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs].

ORDERS SOUGHT

The applicant seeks—

*1.variation of the order in the following manner [specify variation of order sought];

*1.revocation of the order;

2.[set out any other orders sought].

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83I—NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

Rule 83.13

[heading as used in application for leave to vary or revoke litigation restraint order]

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER

(Section 67 of the Vexatious Proceedings Act 2014)

TO:

(a)the Attorney-General;

(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].

TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order.

Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you.

This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application.

You are entitled to make submissions in relation to the application for *variation/*revocation.

Date:

Any Questions?

If you have any questions, please contact the Prothonotary's Office at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours: 9:30 am to 4:00 pm each business day.

*delete if inapplicable

FORM 83J—APPLICATION FOR LEAVE TO APPEAL ON QUESTION OF LAW

Rule 83.15

IN THE SUPREME COURT

OF VICTORIA

20       No.

IN THE

*TRIAL DIVISION/*COURT OF APPEAL

IN THE MATTER of an application by [name of applicant] for leave to appeal under section 79 of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO APPEAL ON QUESTION OF LAW

(Section 79 of the Vexatious Proceedings Act 2014)

I, [name], apply for leave under section 79 of the Vexatious Proceedings Act 2014 to appeal on a question of law arising in the decision of [specify relevant Victorian court or tribunal which made the decision] in the matter of [state the title and file number of the proceeding in the Victorian court or tribunal] on [date] to—

*refuse leave to apply for a litigation restraint order;

*make a litigation restraint order or an acting in concert order;

*refuse to make a litigation restraint order or an acting in concert order;

*vary or revoke a litigation restraint order;

*refuse to vary or revoke a litigation restraint order;

*refuse an application for leave to proceed.

[In a case relating to a refusal of an application for leave to proceed, state whether there is any appeal restriction order in place and, if so, identify the order and its terms].

ACCOMPANYING AFFIDAVIT

Filed with this application is an affidavit and exhibits in accordance with Rule 83.09(6) and (7) of Chapter I of the Rules of the Supreme Court.

FILED [insert date].

This application was filed—

*(a)by the applicant personally.

*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].

*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

The address of the applicant is:

The address for service of the applicant is:

Date:

Signed

*delete if inapplicable

FORM 83K—NOTICE OF APPLICATION FOR LEAVE TO APPEAL ON A QUESTION OF LAW

Rule 83.16

[heading as used in application for leave to appeal]

NOTICE OF APPLICATION FOR LEAVE TO APPEAL ON A QUESTION OF LAW

(Section *81/*82 of the Vexatious Proceedings Act 2014)

TO:

*(a)the Attorney-General;

(b)[name of person to be given notice of the application in accordance with the Court's direction under section *81(2)/*82(2) of the Act and if more than one, list separately].

TAKE NOTICE that [name] of [address], has made an application to the *Trial Division of the Supreme Court/*Court of Appeal for leave to appeal as follows: [describe the relief sought in the application].

Under section *81(2)/*82(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to appeal be given to you.

This notice is accompanied by a copy of the application for leave to appeal, by a copy of the affidavit in support (and exhibits) and by a copy of every order made or direction given by the Court in the application to which this notice relates.

You are entitled to be heard in relation to the application but, under section 84 of the Act, the Court may determine the application for leave to appeal on the basis of written submissions without the appearance of parties.

Date:

Any Questions?

If you have any questions, please contact the *Prothonotary's Office/*Court of Appeal Registry at the Supreme Court [insert address] Melbourne, Tel: [insert telephone number] Hours:  9:30 am to 4:00 pm each business day.

*delete if inapplicable

FORM 84A—NOTICE OF ADDRESS FOR SERVICE

Rule 84.08(5)(a)

NOTICE OF ADDRESS FOR SERVICE

[Heading as in notice of appeal]

The address in Australia for service of [full name of person or party] is:

[If the person or party is legally represented] The name or firm and the business address within Australia of the solicitor for [full name of person or party] is:

Dated:

[Signed]

FORM 85A—NOMINATION OF PROPER DEFENDANT

Rule 85.02

NOMINATION OF PROPER DEFENDANT UNDER SECTION 7 OF THE LEGAL IDENTITY OF DEFENDANTS (ORGANISATIONAL CHILD ABUSE) ACT 2018

[heading as in originating process]

To:    The Prothonotary

The Plaintiff

The Proper Defendant

NOMINATION OF PROPER DEFENDANT

[Insert name of non-government organisation that is an unincorporated association or body], a non-government organisation that is an unincorporated association or body (the "NGO") to which the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 applies, under section 7 of that Act, nominates [insert name of entity that is capable of being sued] as a proper defendant under the Act.

[Name of entity]

is an entity that is capable of acting as a proper defendant to the claim on behalf of the NGO.

[Signed]

Signature of NGO or the NGO's solicitor:

Address of NGO:

CONSENT OF NOMINATED ENTITY TO BE PROPER DEFENDANT

[Name of entity nominated as proper defendant] consents to this nomination.

[Signed]

Signature of nominated entity or the nominated entity's solicitor:

Address for service of nominated entity:

Date: [insert date]

Filed: [insert date filed]

SCHEDULE 1—REVOKED STATUTORY RULES

Rule 1.03(2)

S.R. No.	Title
103/2015	Chapter I of the Rules of the Supreme Court, the Supreme Court (General Civil Procedure) Rules 2015
143/2015	Supreme Court (Miscellaneous Amendments) Rules 2015
144/2015	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2015
14/2016	Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016
51/2016	Supreme Court (Chapter I Judicial Review Amendment) Rules 2016
52/2016	Supreme Court (Chapter I Expert Witness Code Amendment) Rules 2016
106/2016	Supreme Court (Chapter I Court of Appeal Amendments) Rules 2016
108/2016	Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016
109/2016	Supreme Court (Service Out of Australia Amendment) Rules 2016
138/2016	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2016
139/2016	Supreme Court (Chapter I Litigation Guardian Amendment) Rules 2016
14/2017	Supreme Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017
15/2017	Supreme Court (E-Filing Amendments) Rules 2017
32/2017	Supreme Court (Chapter I Email Service Amendment) Rules 2017
33/2017	Supreme Court (Chapter I Senior Master's Powers Amendment) Rules 2017
97/2017	Supreme Court (Chapters I and II Amendment) Rules 2017
98/2017	Supreme Court (Harmonised Subpoenas Amendment) Rules 2017
124/2017	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2017
125/2017	Supreme Court (Chapter I Order 42A Amendment) Rules 2017
127/2017	Supreme Court (E-Filing Further Amendment) Rules 2017
32/2018	Supreme Court (Appeals to the Trial Division, Judicial Review and Further Powers of Judicial Registrars Amendment) Rules 2018
33/2018	Supreme Court (Chapters I and VI Miscellaneous Amendments) Rules 2018
58/2018	Supreme Court (E-Filing and Other Amendments) Rules 2018
131/2018	Supreme Court (Chapter I Costs Court Amendment) Rules 2018
132/2018	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2018
168/2018	Supreme Court (Chapters I, IV and VI Further Amendment) Rules 2018
19/2019	Supreme Court (Chapters II and III Miscellaneous Amendments) Rules 2019
21/2019	Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019
38/2019	Supreme Court (Hague Convention and Powers of Judicial Registrars Amendments) Rules 2019
73/2019	Supreme Court (Court of Appeal E-Filing and Other Amendments) Rules 2019
90/2019	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2019
122/2019	Supreme Court (Chapter I Warrant of Seizure and Sale Amendment) Rules 2019
124/2019	Supreme Court (Probate E-Filing and Other Amendments) Rules 2019
29/2020	Supreme Court (Chapter I Interpreters Amendment) Rules 2020
30/2020	Supreme Court (Chapter I Legal Identity of Defendants (Organisational Child Abuse) Amendment) Rules 2020
57/2020	Supreme Court (Chapter I Miscellaneous Amendments) Rules 2020
98/2020	Supreme Court (Chapters I and II Judicial Registrars, Admission to Legal Profession and Public Notaries Amendment) Rules 2020
16/2021	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2021
17/2021	Supreme Court (Chapters I and VI Suppression Orders Amendment) Rules 2021
105/2021	Supreme Court (Chapter I (Inspection and Affidavits) Amendment) Rules 2021
144/2021	Supreme Court (Chapter I Appendices A and B) Amendment Rules 2021
34/2022	Supreme Court (Chapters I and VI Dual Commission Holder and Joinder Amendments) Rules 2022
132/2022	Supreme Court (Chapter I Substituted Service Amendment) Rules 2022
133/2022	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2022
21/2023	Supreme Court (DX, Address and References to the Sovereign Amendments) Rules 2023
95/2023	Supreme Court (Chapters I and V and Library Amendments) Rules 2023
123/2023	Supreme Court (Chapter I Interrogatories Amendment) Rules 2023
124/2023	Supreme Court (Chapter I Appendices A and B Amendment) Rules 2023
14/2024	Supreme Court (Chapter I Vexatious Proceedings Amendment) Rules 2024
78/2024	Supreme Court (Chapter I Judicial Review Amendment) Rules 2024
83/2024	Supreme Court (Chapter I Costs Amendment) Rules 2024
6/2025	Supreme Court (Chapters I, V and VI Amendments) Rules 2025

Dated:28 August 2025

R. NIALL, C.J.

DAVID F. R. BEACH, J.A.

S. G. E. McLEISH, J.A.

K. WALKER, J.A.

L. A. TAYLOR, J.A.

R. J. ORR, J.A.

MELINDA RICHARDS, J.

JAMES D. ELLIOTT, J.

MELANIE SLOSS, J.

CHRISTOPHER W. BEALE, J.

JANE DIXON, J.

A. J. KEOGH, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

S. A. O'MEARA, J.

RICHARD ATTIWILL, J.

AMANDA FOX, J.

ANDREA TSALAMANDRIS, J.

P. MATTHEWS, J.

P. R. D. GRAY, J.

I. WALLER, J.

C. M. HARRIS, J.

A. J. WATSON, J.

P. COSGRAVE, J.

ADRIAN FINANZIO, J.

L. J. HANNON, J.

R. G. CRAIG, J.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Supreme Court (General Civil Procedure) Rules 2025, S.R. No. 85/2025 were made on 28 August 2025 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986 and came into operation on 8 September 2025: rule 1.03(1).

The Supreme Court (General Civil Procedure) Rules 2025 will sunset 10 years after the day of making on 28 August 2035 (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

There are no amendments made to the Supreme Court (General Civil Procedure) Rules 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.