Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic)
Version No. 008
Supreme Court (Miscellaneous Civil Proceedings) Rules 2018
S.R. No. 57/2018
Version incorporating amendments as at
1 September 2023
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
Part 1—General
1.01Object and title
1.02Authorising provisions
1.03Commencement
1.04Revocation
1.05Definition
1.06Application
1.07Rules of general procedure
Part 2—Trial Division
1.08Application of Part
1.09Process
1.10Address for service
1.11Jurisdiction of Associate Judges
1.12Reference by Judge of the Court to Associate Judge
1.13Application to be supported by affidavit
Order 2—Commercial Lists in the Commercial Court
2.01Definitions
2.02Commercial List Judges to manage cases in Lists
2.03Entry into a Commercial List
2.04Directions
2.05No certificate of readiness
2.06Removal from a Commercial List
2.07Judgment in default and summary judgment
Order 3—Technology, Engineering and Construction List
3.01Definitions
3.02TEC List Judges to manage cases in List
3.03Entry into TEC List
3.04Directions
3.05Removal from TEC List
Order 4—Appeals from tribunals
Part 1—Introductory matters
4.01Application
4.02Definitions
Part 2—Appeal to Trial Division
4.03Appeal to Court constituted by a Judge of the Court
4.04Commencement of appeal or application for leave to appeal
4.05Extension of time
4.06Notice of appeal
4.07Appellant to file affidavit
4.08Directions
4.14Expedition
Part 3—Application for leave to appeal and appeal to the Court of Appeal
4.15Commencement of application for leave to appeal or appeal
4.16Application of Order 64 of Chapter I
Order 5—Case stated by a tribunal
5.01Application
5.02Definitions
5.03Preparation of draft
5.04Approved or altered draft
5.05Settling of the draft
5.06Delivery to recording officer
5.07Delivery of special case and certification of copies
5.08Reference to documents
5.09Copies of documents
Order 6—Reference by a tribunal of a question of law
6.01Application
6.02Procedure on reference
Order 7—Victorian taxation appeals
Part 1—General
7.01Definitions
7.02Application of this Order
7.03Procedure
7.04Interlocutory applications in Trial Division
Part 2—Appeals from the Commissioner
7.05Setting down
7.06Relevant documents
7.07Affidavit and directions
Order 7A—Appeals under the Unclaimed Money Act 2008
Part 1—General
7A.01Definitions
7A.02Application
7A.03Procedure
7A.04Interlocutory applications in Trial Division
Part 2—Appeals from the Registrar
7A.05Setting down
7A.06Relevant documents
7A.07Affidavit and directions
Order 8—Valuation of land
Part 1—General
8.01Definitions
8.02Application of Order
8.03List
8.04Judge in charge
8.05Directions
8.06Application of Orders 4 and 6
Part 2—Valuation of Land Act 1960
8.07Definitions
8.08Application of this Part
8.09Section 23(1) referral
8.10Section 23(3) application
8.11Rating authority to file documents
Part 3—Land Acquisition and Compensation Act 1986
8.12Definitions
8.13Application of this Part
8.14Section 81(1)(c) application
8.15Filing of notice of referral
8.16Directions
Order 9—Arbitration rules
Part 1—General
9.01Definitions
9.02Documents not in English language
Part 2—International commercial arbitration
9.03Application for stay and referral to arbitration—foreign arbitration agreements
9.04Application to enforce foreign award
9.05Application for referral to arbitration—article 8 of the Model Law
9.06Subpoenas
9.07Application relating to evidence for arbitration
9.08Application relating to disclosure of confidential information
9.09Application for relief under miscellaneous provisions of the Model Law
9.10Application to set aside award—Model Law
9.11Enforcement of award under Model Law
9.12Enforcement of Investment Convention award
Part 3—Domestic commercial arbitration
9.13Application for referral to arbitration
9.14Subpoenas
9.15Application relating to evidence for arbitration
9.16Application relating to disclosure of confidential information
9.17Application for relief under miscellaneous provisions of Commercial Arbitration Act
9.18Preliminary point of law
9.19Application to set aside award
9.20Appeal
9.21Application to enforce award
Order 10—Service and execution of process rules
10.01Definitions
10.02How application is made
10.03Enforcement of judgment
10.04Fees
10.05Costs
Order 11—Registration of judgments under Foreign Judgments Act 1991 of the Commonwealth
11.01Definition
11.02Application of Order
11.03Application under section 6 by originating motion
11.04Affidavit
11.05Security for costs may be ordered
11.06Order on application
11.07Notice of registration
11.08Application to set aside
11.09Enforcement of judgment
11.10Certified copy of Victorian judgment
11.11Certificates
11.12Associate Judge
Order 12—Jury service
Part 1—Appeals
12.01Definitions
12.02Application of Part
12.03Lodgment of appeal under section 10
12.04Papers for Judge of the Court
12.05Judge of the Court to consider papers
12.06Hearing of appeal
12.07If appellant does not appear
Part 2—Absent jurors
12.08Application of Part
12.09Juries Commissioner
12.10Procedure
Order 13—Cross-vesting of jurisdiction rules
13.01Application
13.02Definitions
13.03Heading of documents
13.04Application by Attorney-General
13.05Removal of proceeding
13.06Notice
13.07Procedure after transfer
13.08Conduct of proceeding
13.09Directions
13.10Exercise of powers of the Court
Order 14—Admission to the Australian legal profession, senior counsel and professional practice
Part 1—Admission to practise
14.01Definitions
14.03Appeals under Division 3 of Part 2.2 of the Legal Profession Uniform Law (Victoria)
14.04Oath or affirmation of office
14.05Application for admission
14.06Applicants to appear in person in certain circumstances
14.07Objections
Part 2—Senior counsel
14.08Qualification
14.09Application
14.10Appointment
14.11Written notice of decision to adopt designation of "Senior Counsel"
14.12Recognition of designation of Senior Counsel
Part 3—Professional practice
14.13Removal from Supreme Court roll
14.14Application for change of name on the Supreme Court roll
14.15Court may order Prothonotary to change name on Supreme Court roll
Order 15—Public notaries
15.01Definitions
15.02Application for certificate of eligibility
15.03Certificate of eligibility
15.04Application for appointment as public notary
15.05Notice of application for appointment
15.06Oath or affirmation of office
15.07Notification after appointment
15.08Appeal from Victorian Legal Admissions Board
15.09Roll of public notaries
Order 16—Family provision
16.01Definitions
16.02Application of Order
16.03Mode of application
16.04Parties to application
16.06Summons for directions
16.07Directions
16.08Failure to comply with directions
16.09Production of probate
16.10Procedure after order for plaintiff before 15 April 2020
16.11Procedure after order for plaintiff on or after 15 April 2020
Order 17—Court authorised wills
17.01Definition
17.02Application of Order
17.03Minors
17.04Jurisdiction of Associate Judge under section 20
17.05Want of testamentary capacity
17.07Jurisdiction of Associate Judge under section 21
Order 18—Workers compensation
18.01Definitions
18.02Application of Order
18.03Employer may join in proceeding
18.04When further payments made
18.05If payments are disputed
18.06If payments are not disputed
18.07Other party may seek reduction
18.08When further payments made
18.09If payments are disputed
18.10If payments are not disputed
Order 19—Wards of Court
19.01Application of Order
19.02Application
19.03Notice by defendant
19.04Evidence by affidavit
19.05Minor ceases to be ward of Court
Order 20—Court of Disputed Returns
Part 1—Interpretation
20.01Definitions
20.02Application of Order
Part 2—Petitions
20.03Notice of petition
20.04Summons for directions
20.05Procedure on hearing
Part 3—References of questions
20.06Summons for directions
20.07Parliamentary papers to be evidence
20.08Procedure on hearing
Order 22—Family Violence Protection Act 2008
22.01Application of this Order
22.02Application to set aside order striking out appeal for failure to appear
Order 23—Charter of Human Rights and Responsibilities Act 2006
23.01Application
23.02Definitions
23.03Originating motion
23.04Summons for directions
23.05Service
23.06Directions
23.07Dismissal for non-attendance or non-compliance
Form 2–1A—Notice of address for service
Form 2–9A—Interlocutory application for stay and referral to arbitration—foreign arbitration agreement
Form 2–9B—Originating application to enforce foreign award
Form 2–9C—Interlocutory application for referral to arbitration under Article 8 of the Model Law
Form 2–9D—Originating application for issue of subpoena
Form 2–9E—Subpoena to attend for examination
Form 2–9F—Subpoena to produce documents
Subpoena to produce documents
Form 2–9G—Subpoena to attend for examination and produce documents
Form 2–9H—Originating application for order to give evidence or produce documents
Form 2–9I—Originating application to prohibit or allow disclosure of confidential information
Form 2–9J—Originating application for relief under certain miscellaneous provisions of the Model Law
Form 2–9K—Originating application to set aside award under Article 34 of the Model Law
Form 2–9L—Originating application to enforce award under Article 35 of the Model Law
Form 2–9M—Originating application for leave to enforce award to which Part IV of the International Arbitration Act 1974 of the Commonwealth applies
Form 2–9N—Interlocutory application for referral to arbitration
Form 2–9O—Originating application for issue of subpoena
Form 2–9P—Subpoena to attend for examination
Form 2–9Q—Subpoena to produce documents
Form 2–9R—Subpoena to attend for examination and produce documents
Form 2–9S—Originating application for order to give evidence or produce documents
Form 2–9T—Originating application to prohibit or allow disclosure of confidential information
Form 2–9U—Originating application for order under certain miscellaneous provisions of the Commercial Arbitration Act 2011
Form 2–9V—Originating application for determination of a question of law
Form 2–9W—Originating application to set aside award
Form 2–9X—Originating application for leave to appeal against award
Form 2–9Y—Originating application to enforce award
Form 2–12A—Originating motion
Form 2–12B—Affidavit in support of originating motion to deal with absent juror
Form 2–14—Oath of office and affirmation of office
Form 2–14A—Application for change of name on Supreme Court roll
Form 2–15A—Application for certificate of eligibility
Form 2–15B—Certificate of eligibility
Form 2–15C—Affidavit in support of application for appointment
Form 2–15D—Notice of intention to apply for appointment as a public notary
Form 2–15E—Oath of office and affirmation of office—public notary
Form 2–15F—Notification of particulars and specimen seal
Form 2–18A—Notice by employer seeking judgment
Form 2–18B—Notice of further payments
Form 2–18C—Notice of dispute
Form 2–18D—Notice to reduce payments
Form 2–18E—Notice of further payments
Form 2–18F—Notice to dispute
Form 2–19A—Originating motion
Form 2–22A—Application to set aside order striking out appeal for failure to appear
Form 2–23A—Originating motion
Form 2–23B—Summons for directions
Schedule 1—Revoked statutory rules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 008
Supreme Court (Miscellaneous Civil Proceedings) Rules 2018
S.R. No. 57/2018
Version incorporating amendments as at
1 September 2023
The Judges of the Supreme Court make the following Rules:
ORDER 1—PRELIMINARY
Part 1—General
1.01Object and title
(1)The object of these Rules is to remake with amendments Chapter II of the Rules of the Supreme Court which establish procedures for certain miscellaneous civil proceedings in the Court.
(2)These Rules constitute Chapter II of the Rules of the Supreme Court and are entitled the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018.
1.02Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
1.03Commencement
These Rules come into operation on 23 July 2018.
1.04Revocation
The Rules set out in Schedule 1 are revoked.
1.05Definition
In these Rules—
RedCrest means the electronic filing and case management system in operation in the Court from time to time.
1.06Application
These Rules apply to any proceeding in the Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which these Rules come into operation.
1.07Rules of general procedure
Except so far as is otherwise provided by these Rules or any Act, Chapter I of the Rules of the Supreme Court for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply.
Part 2—Trial Division
1.08Application of Part
This Part applies to any proceeding in the Trial Division of the Court to which these Rules apply.
1.09Process
Subject to these Rules—
(a)a proceeding to which this Part applies shall be commenced by originating motion in accordance with Chapter I; and
(b)an interlocutory or other application in a proceeding to which this Part applies and made on notice to any person shall be by summons in accordance with Chapter I.
1.10Address for service
A person served with any process by which a proceeding is commenced shall not take any step in the proceeding or be heard by the Court unless the person has first—
(a)when required to file an appearance, filed an appearance in accordance with Rule 8.05 of Chapter I; or
(b)when not required to file an appearance, filed and served a notice of address for service in Form 2–1A.
1.11Jurisdiction of Associate Judges
(1)Except where otherwise provided by these Rules, an Associate Judge, in addition to exercising the powers and authorities conferred on an Associate Judge by any other provision of these Rules or by any Act may, in any proceeding to which this Part applies, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court.
(2)Subject to paragraph (3) and these Rules—
(a)the trial of a proceeding shall not be held before an Associate Judge; and
(b)an Associate Judge shall not give any judgment or make any order at the trial of a proceeding.
(3)Except as provided by paragraph (4), an Associate Judge may—
(a)at the trial of a proceeding give judgment or make an order by consent of all parties;
(b)hear and determine a trial of an undefended civil proceeding.
(4)An Associate Judge shall not have authority to hear or determine—
(a)any application which by these Rules or any Act is required to be heard only by a Judge of the Court; or
(b)any proceeding relating to the liberty of the subject.
(5)Subject to these Rules, this Rule has effect as if it contained, modified as necessary, Rules 77.03, 77.04, 77.05 and 77.08 of Chapter I.
1.12Reference by Judge of the Court to Associate Judge
(1)If a matter before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, is a matter to which these Rules apply and it appears to the Judge to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge.
(2)If a Judge of the Court refers a matter to an Associate Judge, the Associate Judge may—
(a)hear and determine the matter, subject to any directions in the order referring the matter; or
(b)refer the matter back to the Judge of the Court for hearing and determination.
(3)In hearing and determining a matter referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter.
1.13Application to be supported by affidavit
(1)In a proceeding to which this Part applies, evidence shall be given by affidavit except—
(a)where otherwise provided by any Act or these Rules; or
(b)where the Court otherwise orders.
(2)An affidavit in support of an application made without notice to any person shall show the parties interested and their interests.
(3)Any document referred to as an exhibit to an affidavit shall be made available for inspection by any person on whom service of a copy of the affidavit is required.
ORDER 2—COMMERCIAL LISTS IN THE COMMERCIAL COURT
2.01Definitions
(1)In this Order—
Commercial List or List means a list of commercial proceedings which are to be managed by a Commercial List Judge;
Commercial List Judge means a Judge of the Court nominated by the Chief Justice to manage a Commercial List;
commercial proceeding means any proceeding commenced by writ, originating motion or originating process in Form 5F of Chapter I—
(a)which arises out of ordinary commercial transactions, including any proceeding relating to—
(i)the construction of commercial, shipping or transport documents;
(ii)the export or import of merchandise;
(iii)the carriage of goods for the purpose of trade or commerce;
(iv)insurance;
(v)banking;
(vi)finance;
(vii)commercial agency;
(viii)commercial usage; or
(b)in which there is a question that has importance in trade or commerce.
(2)The Commercial Court comprises the following—
(a)a Commercial List to which Order 2 of this Chapter applies, including, for the avoidance of doubt, the List known as the Insurance List;
(b)the TEC List to which Order 3 of this Chapter applies;
(c)the List known as the Taxation List (which, for the avoidance of doubt, is a List which may include, but is not limited to, proceedings to which Order 7 of this Chapter applies);
(d)the List known as the Arbitration List (which, for the avoidance of doubt, is a List which may include, but is not limited to, proceedings to which Order 9 applies);
(e)the Corporations List to which Chapter V applies;
(f)the Admiralty List to which Chapter VII applies;
(g)the Intellectual Property List to which Chapter VIII applies;
(h)any other list in the Commercial Court managed by a Judge of the Court;
(i)any other commercial proceeding, including those which may be dealt with by an Associate Judge or by a judicial registrar pursuant to any Act or the Rules and any practice note issued by the Court from time to time.
2.02Commercial List Judges to manage cases in Lists
(1)Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in a List shall be exercised only by a Commercial List Judge.
(2)The powers of the Court in relation to a proceeding in a Commercial List may be exercised by a Judge of the Court other than a Commercial List Judge—
(a)if a Commercial List Judge so requests; or
(b)if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.
(3)Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in a Commercial List on a reference by or by leave of a Commercial List Judge.
(4)Subject to paragraph (2) and Rule 1.11(5), an appeal from any judgment given or order made by an Associate Judge in a proceeding in a List shall be heard by a Commercial List Judge.
2.03Entry into a Commercial List
(1)At the option of the plaintiff, the originating process in a commercial proceeding may be marked in the top left-hand corner with the words "Commercial List" and, after the filing of an originating process so marked, the proceeding shall be entered into a Commercial List.
Note
See Order 28A of Chapter I.
(2)Any party to a commercial proceeding in which the originating process has not been so marked may apply to a Commercial List Judge for an order entering the proceeding into a Commercial List.
Note
See Order 28A of Chapter I.
(3)A Commercial List Judge may, on the Judge's own motion, direct that a proceeding be entered into a Commercial List if satisfied that the proceeding should be heard and determined in a Commercial List.
2.04Directions
A Commercial List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
2.05No certificate of readiness
No certificate of readiness for trial shall be necessary in a commercial proceeding.
2.06Removal from a Commercial List
A Commercial List Judge may, at any time, order that a proceeding in a Commercial List be removed from that List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).
2.07Judgment in default and summary judgment
(1)Judgment in default of appearance or pleading shall not be entered in a proceeding in a Commercial List that is managed by a Commercial List Judge unless a Commercial List Judge so orders.
(2)Nothing in this Order shall prevent a party from applying under Order 22 or 23 of Chapter I or Part 4.4 of Chapter 4 of the Civil Procedure Act 2010.
ORDER 3—TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST
3.01Definitions
In this Order—
technology includes—
(a)telecommunications equipment, devices, systems and networks;
(b)computers, computer modules, computer systems and networks and computer software;
(c)electrical circuits and circuit boards;
(d)machines or machinery;
(e)processing operations and facilities;
(f)any component, module, equipment, machine or system which is produced by the application of technology, mechanics or applied science;
technology, engineering and construction case or TEC case means any proceeding in relation to—
(a)the design or carrying out of TEC works;
(b)the supervision or inspection of the construction of TEC works;
(c)the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of TEC works;
(d)the manufacture or provision of any materials for inclusion in TEC works;
(e)the performance of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature;
(f)the sale or supply of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature—
but does not include any proceeding that includes a claim for personal injury;
Technology, Engineering and Construction List, TEC List or List means the list of technology, engineering and construction cases which are to be managed by a TEC List Judge;
TEC List Judge means a Judge of the Court nominated by the Chief Justice to be a TEC List Judge;
TEC works means technology, engineering or building construction works of any description whatsoever.
3.02TEC List Judges to manage cases in List
(1)Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a TEC List Judge.
(2)The powers of the Court in relation to a proceeding in the TEC List may be exercised by a Judge of the Court other than a TEC List Judge—
(a)if a TEC List Judge so requests; or
(b)if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.
(3)Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the TEC List on a reference by or by leave of a TEC List Judge.
3.03Entry into TEC List
(1)At the option of the plaintiff, the originating process in a TEC case may be marked in the top left-hand corner with the words "TEC List" and, on the filing of an originating process so marked, the proceeding is taken to be entered in the List.
Note
See Order 28A of Chapter I.
(2)Any party in a TEC case in which the originating process has not been so marked may apply to a TEC List Judge for an order entering the proceeding in the TEC List.
(3)By leave of a TEC List Judge, a proceeding may be entered in the TEC List upon a reference from another Judge or an Associate Judge.
Note
See Order 28A of Chapter I.
(4)A TEC List Judge may, on the Judge's own motion, direct that a proceeding be entered into the TEC List if satisfied that the proceeding should be heard and determined in the TEC List.
3.04Directions
A TEC List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
3.05Removal from TEC List
A TEC List Judge may at any time order that a proceeding in the TEC List be removed from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).
ORDER 4—APPEALS FROM TRIBUNALS
Part 1—Introductory matters
4.01Application
(1)Subject to paragraphs (2) and (3), this Order applies to—
(a)an appeal to the Court from a tribunal, including under section 148 of the Victorian Civil and Administrative Tribunal Act 1998; and
(b)an application for leave to appeal from a tribunal, including under section 148 of the Victorian Civil and Administrative Tribunal Act 1998.
(2)This Order does not apply to a proceeding to which Order 7, 7A, 8, 12, 14, 15 or 23 applies, save to the extent provided by that Order.
(3)This Order does not apply to an appeal, or an application for leave to appeal, under Part 10 of the Vexatious Proceedings Act 2014.
4.02Definitions
In this Order—
order includes decision or determination;
tribunal means any person or body, not being a court, in relation to whose orders a right of appeal to the Court is conferred by an Act.
Part 2—Appeal to Trial Division
4.03Appeal to Court constituted by a Judge of the Court
Except as otherwise provided by any Act or Rule, an appeal to the Court from a tribunal shall be heard by a Judge of the Court.
4.04Commencement of appeal or application for leave to appeal
Except as otherwise provided by any Act or Rule—
(a)an appeal or an application for leave to appeal under this Part is commenced by filing a notice of appeal in the Court;
(b)subject to Rule 4.08(9), the appeal or the application for leave to appeal shall be commenced within 28 days after the day of the order of the tribunal; and
(c)the appeal or the application for leave to appeal shall not operate as a stay of proceedings unless the Court otherwise orders.
4.05Extension of time
Except as otherwise provided by any Act or Rule, and unless the Court otherwise orders,
if an extension of time is needed within which to appeal or apply for leave to appeal—(a)an application for that extension may be made to, and determined by, the Court in conjunction with the appeal or the application for leave to appeal, as the case may be; and
(b)if granted, the extension may be granted retrospectively.
4.06Notice of appeal
(1)A notice of appeal under this Part shall—
(a)be signed by the appellant or the appellant's solicitor;
(b)set out or state—
(i)whether an extension of time is needed;
(ii)whether leave to appeal is required;
(iii)the order which is the subject of the appeal or proposed appeal;
(iv)whether the appeal or proposed appeal is from the whole or part only of the order, and, if so, what part;
(v)the question of law upon which the appeal or proposed appeal is brought;
(vi)concisely the grounds or proposed grounds of appeal;
(vii)the order sought in place of that from which the appeal or proposed appeal is brought; and
(c)at its end, name all the persons on whom it is proposed to serve the notice of appeal.
(2)As soon as practicable after filing the notice of appeal, the appellant or applicant shall—
(a)deliver a copy to the registrar or other proper officer of the tribunal; and
(b)unless the Court otherwise orders, serve a copy of the notice on all persons directly affected by the appeal or application.
(3)The Court may give leave to amend the grounds or proposed grounds of appeal or make any other order to ensure the proper determination of the appeal or application for leave to appeal.
4.07Appellant to file affidavit
(1)Within seven days after filing the notice of appeal, the appellant or applicant shall file an affidavit setting out the acts, facts, matters and circumstances relating to—
(a)the order of the tribunal;
(b)if an extension of time is needed, why an extension should be granted;
(c)if leave to appeal is required, why leave to appeal should be given; and
(d)the grounds or proposed grounds set out in the notice of appeal.
(2)There shall be included as exhibits to the affidavit—
(a)a copy of the order from which the appeal is or is proposed to be brought; and
(b) a copy of any reasons given for the order—
or their absence as exhibits shall be accounted for in the affidavit.
4.08Directions
(1)Within seven days after filing the notice of appeal, the appellant or applicant shall apply on summons—
(a)for directions;
(b)if necessary, for an extension of time; and
(c)if necessary, for leave to appeal.
(2)The application under paragraph (1) is taken to be made when the summons is filed.
(3)Not less than 14 days before the day for hearing named in the summons, the appellant or applicant shall serve on the respondent to the appeal the summons together with a copy of the affidavit filed under Rule 4.07 and any exhibit.
(4)The respondent shall file and serve a copy of any affidavit in answer and shall serve a copy of any exhibit not less than five days before the day for hearing named in the summons.
(5)If at any time the Court is satisfied that the hearing of the summons should be expedited, the Court may, on its own motion or on application, bring the summons on for hearing.
(6)Subject to paragraphs (7), (8) and (9), on the return of the summons, the Court shall give directions with respect to the appeal or proposed appeal.
(7)If an extension of time is needed or leave to appeal is required, the Court may, as appropriate—
(a)direct that the application for an extension of time or for leave to appeal be heard and determined by the Court which, if an extension of time or leave to appeal is granted, is to hear and determine the proposed appeal; or
(b)hear and determine the application for an extension of time or for leave to appeal.
(8)The Court may dismiss the appeal or the application for an extension of time or for leave to appeal (as the case may be) if satisfied that—
(a)the notice of appeal does not identify sufficiently or at all a question of law on which the appeal or proposed appeal may be brought;
(b)the appellant or applicant does not or would not have an arguable case on appeal or to refuse leave would impose no substantial injustice; or
(c)the appeal or application is frivolous, vexatious or otherwise an abuse of the process of the Court.
(9)If an extension of time is not required or is granted, and the Court gives leave to appeal, then, except as otherwise provided by any Act and unless the Court otherwise orders—
(a)the appeal is thereupon taken to have been duly commenced by the filing of the notice of appeal;
(b)no further notice of appeal shall be required; and
(c)notwithstanding Rule 4.06, no further copy of the notice of appeal need be served.
(10)The Court may, in a proper case, grant a stay of proceedings under the order of the tribunal.
Note
There are currently no Rules 4.09 to 4.13.
4.14Expedition
(1)If it is satisfied that the delay caused by proceeding in accordance with this Part would or might entail injustice, the Court may make an order under this Part without notice to any party on such terms as to costs or otherwise and subject to such undertaking, if any, as is thought fit.
(2)The Court may set aside any order made under paragraph (1) on the application of any person affected.
Part 3—Application for leave to appeal and appeal to the Court of Appeal
4.15Commencement of application for leave to appeal or appeal
Except as otherwise provided by any Act or Rule, an application for leave to appeal or an appeal to the Court of Appeal from a tribunal shall be commenced in accordance with Order 64 of Chapter I.
4.16Application of Order 64 of Chapter I
(1)Except as otherwise provided by any Act and by this or any other Rule, Order 64 of Chapter I applies to an application for leave to appeal or an appeal under this Part.
(2)Where the context permits, Order 64 of Chapter I applies as if in that Order a reference to an application or an appeal in respect of a decision of a court were a reference to an application or appeal in respect of a decision of a tribunal.
ORDER 5—CASE STATED BY A TRIBUNAL
5.01Application
(1)This Order applies if by any Act provision is made for a question of law to be reserved in the form of a special case or case stated for the opinion of the Court by a person or body other than a court.
(2)This Order does not apply to a referral under section 33 of the Charter of Human Rights and Responsibilities Act 2006.
5.02Definitions
In this Order—
chairman means—
(a)in the case of a body which may reserve a question of law, the presiding member of that body;
(b)in the case where a person alone may reserve a question of law, that person;
recording officer means the registrar, secretary or other person who performs the duties of a registrar for the tribunal;
special case includes case stated;
tribunal means the person who or body which may reserve a question of law.
5.03Preparation of draft
(1)A tribunal which intends to reserve a question of law may direct a party—
(a)to prepare a draft of the special case; and
(b)to deliver the draft to the other party within 21 days or such other time as the tribunal directs.
(2)The draft of the special case shall—
(a)state the question of law for the opinion of the Court and the facts necessary to enable the Court to give proper consideration to that question;
(b)list all documents referred to in the special case;
(c)be divided into paragraphs numbered consecutively; and
(d)if the question of law cannot be reserved without the consent of a specified person, state whether that person has consented.
5.04Approved or altered draft
(1)Within 14 days after receiving the draft or such other time as the tribunal directs, the other party shall return the draft either approved or altered to the party who prepared the draft.
(2)If the draft is approved or the alterations are accepted, the party who prepared the draft shall prepare a sufficient number of copies of the draft.
5.05Settling of the draft
(1)If the draft is not returned within the time allowed or the parties cannot agree on the form of the draft within seven days of its return, the party who prepared the draft shall forward it to the chairman without delay.
(2)On receiving the draft, the chairman may hear the parties or any of them or their counsel or solicitors as the chairman thinks fit and shall settle the draft and return it to the party who prepared the draft and that party shall prepare a sufficient number of copies of the settled draft.
5.06Delivery to recording officer
(1)Within seven days after the draft has been agreed or settled all copies, one of which shall be signed by the parties, shall be delivered to the recording officer.
(2)The recording officer shall submit the signed copy to the chairman for signature and that copy, if and when signed by the chairman, shall be the special case.
5.07Delivery of special case and certification of copies
The recording officer shall—
(a)certify all copies of the special case;
(b)retain one copy as a record for the tribunal;
(c)deliver the special case to the Prothonotary;
(d)deliver to the Prothonotary one copy of the special case or, if the question of law is reserved for the opinion of the Court of Appeal, three copies;
(e)deliver one copy to each party; and
(f)deliver any remaining copies to the party who prepared the copies.
5.08Reference to documents
On the hearing of the special case, the Court or a party may refer to the whole contents of any document referred to in the special case.
5.09Copies of documents
If the question of law is reserved for the opinion of the Court of Appeal, the Registrar of the Court of Appeal shall direct a party to provide for the use of the Court of Appeal and for any other party a sufficient number of copies of a document or part of a document to which the party proposes to refer at the hearing.
ORDER 6—REFERENCE BY A TRIBUNAL OF A QUESTION OF LAW
6.01Application
(1)This Order applies if by any Act provision is made for a question of law to be referred to the Court by a person or body other than a court.
(2)This Order does not apply to a referral under section 33 of the Charter of Human Rights and Responsibilities Act 2006.
6.02Procedure on reference
A question of law shall be referred to the Court in accordance with Order 5 which applies to the reference—
(a)as if reserving a question of law in the form of a special case or case stated meant referring a question of law to the Court;
(b)as if "the special case" meant the reference; and
(c)with any further or other modifications as may be necessary.
ORDER 7—VICTORIAN TAXATION APPEALS
Part 1—General
7.01Definitions
In this Order—
objection means an objection made in writing under any Act to an assessment, decision or determination in respect of liability for any tax, duty, levy, fee, charge or other impost;
objector means the maker of an objection;
the Commissioner means the maker of a decision upon an objection, other than VCAT;
the Tribunal means VCAT.
7.02Application of this Order
(1)Subject to paragraph (2), this Order applies to a proceeding in the Trial Division of the Court—
(a)following a decision of the Commissioner upon an objection when the objector requests that the objection be treated as an appeal to the Court;
(b)by way of appeal on a question of law (including the application for leave to appeal) from an order of the Tribunal upon an objection;
(c)by way of referral by the Tribunal of a question of law arising in the review by the Tribunal of a decision of the Commissioner on an objection.
(2)This Order does not apply—
(a)to a proceeding in the Trial Division to which Order 8 applies; or
(b)to a proceeding in the Court of Appeal.
(3)A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(b) or (c) is to be conducted in accordance with Order 4 or 6, as the case requires.
7.03Procedure
(1)Rules 7.04 to 7.07 apply to a proceeding described in Rule 7.02(1)(a).
(2)Subject to Rule 7.04, Order 4, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7.02(1)(b).
(3)Subject to Rule 7.04, Order 6, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7.02(1)(c).
7.04Interlocutory applications in Trial Division
(1)In a proceeding to which this Order applies, an interlocutory application shall be made by summons to a Judge of the Court.
(2)The applicant shall comply with Rule 46.05(1) of Chapter I not later than seven days before the day for hearing named in the summons.
(3)If a Judge of the Court gives directions with respect to affidavits, no affidavit in respect of which the directions have not been complied with shall be used without leave of a Judge of the Court.
Part 2—Appeals from the Commissioner
7.05Setting down
(1)The Commissioner shall file in the Court the objection which an objector has requested be treated as an appeal to the Court.
(2)When the objection is filed, the objection is set down as an appeal.
(3)On the setting down of the appeal, the Prothonotary shall notify the objector in writing that the appeal has been set down.
7.06Relevant documents
Within seven days after the day on which the appeal is set down, the Commissioner shall file in the Court a copy of—
(a)the assessment, order, decision or determination to which the objection was made;
(b)the notice given to the objector of the decision of the Commissioner upon the objection;
(c)the request to treat the objection as an appeal; and
(d)any other documents in the Commissioner's possession or control which are necessary for the hearing and determination of the appeal.
7.07Affidavit and directions
Within 14 days after receiving the notice given under Rule 7.05(3) the objector shall—
(a)file in the Court and serve on the Commissioner an affidavit setting out the acts, facts, matters and circumstances relating to—
(i)the assessment, order, decision or determination to which the objection was made;
(ii)the ground or grounds upon which the objector relies;
(b)apply for directions.
ORDER 7A—APPEALS UNDER THE UNCLAIMED MONEY ACT 2008
Part 1—General
7A.01 Definitions
In this Order—
objection means a written objection made under section 56 of the Act;
objector means a person who lodges an objection under section 56(1) of the Act;
the Act means the Unclaimed Money Act 2008;
the Registrar means the person appointed as Registrar of Unclaimed Money under section 4 of the Act.
7A.02 Application
(1)Subject to paragraph (2), this Order applies to a proceeding in the Trial Division of the Court—
(a)following a determination of an objection by the Registrar under section 57 of the Act when the objector requests, under section 59(2)(b) of the Act, that the objection be treated as an appeal to the Court;
(b)by way of appeal on a question of law (including the application for leave to appeal) from an order of VCAT upon an objection;
(c)by way of referral by VCAT of a question of law arising in the review by VCAT of a determination of an objection by the Registrar.
(2)This Order does not apply—
(a)to a proceeding in the Trial Division to which Order 8 applies; or
(b)to a proceeding in the Court of Appeal.
(3)A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(b) or (c) is to be conducted in accordance with Order 4 or 6, as the case requires.
7A.03 Procedure
(1)Rules 7A.04 to 7A.07 apply to a proceeding described in Rule 7A.02(1)(a).
(2)Subject to Rule 7A.04, Order 4, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7A.02(1)(b).
(3)Subject to Rule 7A.04, Order 6, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7A.02(1)(c).
7A.04 Interlocutory applications in Trial Division
(1)In a proceeding to which this Order applies, an interlocutory application shall be made by summons to a Judge of the Court.
(2)The applicant shall comply with Rule 46.05(1) of Chapter I not later than seven days before the day for hearing named in the summons.
(3)If a Judge of the Court gives directions with respect to affidavits, no affidavit in respect of which the directions have not been complied with shall be used without leave of a Judge of the Court.
Part 2—Appeals from the Registrar
7A.05 Setting down
(1)The Registrar shall file in the Court the objection which an objector has requested be treated as an appeal to the Court.
(2)When the objection is filed, the objection is set down as an appeal.
(3)On the setting down of the appeal, the Prothonotary shall notify the objector in writing that the appeal has been set down.
7A.06 Relevant documents
Within seven days after the day on which the appeal is set down, the Registrar shall file in the Court a copy of—
(a)the assessment, reassessment, decision or determination to which the objection was made;
(b)the notice given to the objector of the determination of the objection by the Registrar under section 57(3) of the Act;
(c)the request under section 59(2)(b) of the Act to treat the objection as an appeal; and
(d)any other documents in the Registrar's possession or control which are necessary for the hearing and determination of the appeal.
7A.07 Affidavit and directions
Within 14 days after receiving the notice given under Rule 7A.05(3), the objector shall—
(a)file in the Court and serve on the Registrar an affidavit setting out the acts, facts, matters and circumstances relating to—
(i)the assessment, reassessment, decision or determination to which the objection was made;
(ii)the ground or grounds upon which the objector relies;
(b)apply for directions.
ORDER 8—VALUATION OF LAND
Part 1—General
8.01Definitions
In this Order—
the Judge means the Judge of the Court in charge of the List;
the List means the Valuation, Compensation and Planning List referred to in Rule 8.03.
8.02Application of Order
(1)This Order applies to any proceeding in the Trial Division of the Court—
(a)under Division 4 of Part III of the Valuation of Land Act 1960;
(b)under Part 10 of the Land Acquisition and Compensation Act 1986 or to which the procedure under Part 10 of that Act applies;
(c)by way of appeal on a question of law (including the application for leave to appeal) from the land valuation list or the planning and environment list of the administrative division of VCAT;
(d)by way of referral from the land valuation list or the planning and environment list of the administrative division of VCAT of a question of law;
(e)which has been entered in the List by order of the Judge under Rule 8.03(2)—
and in respect of which there is no order in force under Rule 8.03(3).
(2)This Order does not apply to a proceeding in the Court of Appeal.
(3)A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(c) or (d) is to be conducted in accordance with Order 4 or 6, as the case requires.
8.03List
(1)A list of proceedings to which this Order applies shall be compiled by the Prothonotary and that list shall be known as the Valuation, Compensation and Planning List.
(2)At any time, on being satisfied that a proceeding in the Trial Division which is not in the List—
(a)raises a question relating to the valuation of land or compensation for resumption of land; or
(b)raises a question relating to land use or environment protection—
and that the proceeding may be conveniently dealt with in the List, the Judge may order that that proceeding be entered in the List.
(3)The Judge may, at any time, order that a proceeding be removed from the List.
8.04Judge in charge
(1)A Judge of the Court nominated by the Chief Justice shall be in charge of the List.
(2)The Judge shall have control of the proceedings in the List, and, subject to any directions of the Judge and to paragraph (3), all interlocutory applications in a proceeding in the List shall be made to the Judge.
(3)The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge of the Court—
(a)if the Judge so requests; or
(b)if in special circumstances that other Judge of the Court thinks fit to exercise them.
8.05Directions
(1)An applicant for directions under this Order shall comply with Rule 46.05(1) of Chapter I not later than seven days before the day for hearing named in the summons for directions.
(2)The Judge may, at any time, whether on the hearing of a summons for directions or otherwise—
(a)direct that each party furnish to the other—
(i)the names of the valuers whose evidence that party proposes to use;
(ii)the amount of the valuation placed by each valuer on the subject land;
(iii)particulars of any comparable sales on which the party proposes to rely;
(b)give directions with respect to the filing and serving of affidavits; and
(c)give any other directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
(3)Unless the Judge otherwise orders, no material in respect of which there has been a failure to comply with a direction under paragraph (2) shall be adduced in evidence.
8.06Application of Orders 4 and 6
(1)Subject to Rules 8.04 and 8.05, Order 4, so
far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 8.02(1)(c).
(2)Subject to Rules 8.04 and 8.05, Order 6, so
far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 8.02(1)(d).
Part 2—Valuation of Land Act 1960
8.07Definitions
In this Part—
rating authority has the same meaning given in section 2(1) of the Act;
the Act means the Valuation of Land Act 1960.
8.08Application of this Part
This Part applies to a proceeding in the Trial Division of the Court under Division 4 of Part III of the Act.
8.09Section 23(1) referral
An appeal by way of a referral under section 23(1) of the Act is taken to have commenced when a copy of an order of VCAT referring the matter is received by the Prothonotary from VCAT.
8.10Section 23(3) application
An application under section 23(3) of the Act shall be made by originating motion supported by affidavit.
8.11Rating authority to file documents
Within seven days after notification to the rating authority by the Prothonotary of the commencement of an appeal under section 23(1) of the Act or within seven days after service of a copy of the originating motion filed under Rule 8.10, the rating authority shall file in the Court a copy of—
(a)the assessment, order, decision or determination to which the objection was made;
(b)the notice of objection;
(c)the notice given to the objector of the decision or determination, if the objector is dissatisfied with a decision or determination of the Commissioner of State Revenue, the valuer or the valuer-general upon the objection; and
(d)any other documents in its possession or control which are necessary for the hearing and determination of the reference, application or appeal.
Part 3—Land Acquisition and
Compensation Act 1986
8.12Definitions
In this Part—
the Act means the Land Acquisition and Compensation Act 1986;
the Authority has the meaning given in section 3(1) of the Act.
8.13Application of this Part
This Part applies to a proceeding in the Trial Division of the Court under Part 10 of the Act or to which the procedure under Part 10 of the Act applies.
8.14Section 81(1)(c) application
An application under section 81(1)(c) of the Act shall be made by originating motion supported by affidavit.
8.15Filing of notice of referral
(1)A notice of referral to the Court of a disputed claim under section 80(b) of the Act shall be filed in the Court and served within seven days after filing.
Note
The form of this notice of referral is prescribed in regulations made under the Land Acquisition and Compensation Act 1986. See Form 16 in Schedule 2 to the Land Acquisition and Compensation Regulations 2010[1].
(2)When the notice of referral is filed, the disputed claim is taken to have commenced.
(3)On the commencement of the disputed claim, the Prothonotary shall notify the other party in writing that the disputed claim has commenced.
8.16Directions
Within 14 days after serving a notice of referral the party serving the notice shall apply on summons for directions.
ORDER 9—ARBITRATION RULES
Part 1—General
9.01Definitions
(1)In this Order—
arbitration means an arbitration to which the Commercial Arbitration Act or the International Arbitration Act applies, as the case requires;
Commercial Arbitration Act means the Commercial Arbitration Act 2011;
International Arbitration Act means the International Arbitration Act 1974 of the Commonwealth;
Model Law means the UNCITRAL Model Law on International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law on 21 June 1985, as amended by the United Nations Commission on International Trade Law on 7 July 2006, the English text of which is set out in Schedule 2 to the International Arbitration Act.
(2)Unless the contrary intention appears—
(a)expressions used in this Part have the same meaning as in the International Arbitration Act or the Commercial Arbitration Act, as the case requires;
(b)expressions used in Part 2 of this Order and in the Forms prescribed by that Part have the same meaning as in the International Arbitration Act; and
(c)expressions used in Part 3 of this Order and in the Forms prescribed by that Part have the same meaning as in the Commercial Arbitration Act.
9.02Documents not in English language
A party to a proceeding to which this Order applies who seeks to rely on a document that is not in the English language shall provide a certified English translation of the document—
(a)to the Court; and
(b)to any other party to the proceeding.
Notes
1Section 9 of the International Arbitration Act also deals with the translation of awards and arbitration agreements in proceedings to which Part II of the International Arbitration Act applies.
2Section 35 of the Commercial Arbitration Act also deals with the translation of awards and arbitration agreements in proceedings to which the Commercial Arbitration Act applies.
Part 2—International commercial arbitration
9.03Application for stay and referral to arbitration—foreign arbitration agreements
(1)An application under section 7 of the International Arbitration Act to stay the whole or part of a proceeding and refer the parties to arbitration shall be in Form 2–9A.
(2)The application shall be accompanied by—
(a)a copy of the arbitration agreement; and
(b)an affidavit stating the material facts on which the application for relief is based.
9.04Application to enforce foreign award
(1)An application under section 8(2) of the International Arbitration Act to enforce a foreign award shall be in Form 2–9B.
(2)The application shall be accompanied by—
(a)the documents referred to in section 9 of the International Arbitration Act; and
(b)an affidavit stating—
(i)the extent to which the foreign award has not been complied with, at the date the application is made; and
(ii)the usual or last-known place of residence or business of the person against whom it is sought to enforce the foreign award or, if the person is a company, the last-known registered office of the company.
9.05Application for referral to arbitration—article 8 of the Model Law
(1)An application under article 8 of the Model Law to refer parties to arbitration shall be in
Form 2–9C.
(2)The application shall be accompanied by—
(a)a copy of the arbitration agreement; and
(b)an affidavit stating the material facts on which the application for relief is based.
9.06Subpoenas
(1)An application for the issue of a subpoena under section 23(3) of the International Arbitration Act shall be in Form 2–9D.
(2)The application shall be accompanied by—
(a)a draft subpoena in accordance with paragraph (3); and
(b)an affidavit stating the following—
(i)the names of the parties to the arbitration;
(ii)the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration;
(iii)the place where the arbitration is being conducted;
(iv)the nature of the arbitration;
(v)the terms of the permission given by the arbitral tribunal for the application;
(vi)the conduct money (if appropriate) to be paid to the addressee; and
(vii)the witness expenses payable to the addressee.
(3)For the purposes of paragraph (2)(a), the draft subpoena shall be—
(a)for a subpoena to attend for examination before an arbitral tribunal—in Form 2–9E;
(b)for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena—in Form 2–9F; or
(c)for a subpoena to attend for examination and produce documents—in Form 2–9G.
(4)The Court may—
(a)fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and
(b)direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.
(5)An amount fixed under paragraph (4) may be in addition to any conduct money or witness expenses referred to in paragraph (2)(b).
(6)A subpoena shall be—
(a)for a subpoena to attend for examination before an arbitral tribunal—in Form 2–9E;
(b)for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena—in Form 2–9F; or
(c)for a subpoena to attend for examination and produce documents—in Form 2–9G.
(7)A person served with a subpoena shall comply with the subpoena in accordance with its terms.
(8)Order 42 of Chapter I applies so far as is practicable to a subpoena referred to in this Rule.
9.07Application relating to evidence for arbitration
(1)An application for an order under section 23A(3) of the International Arbitration Act shall be in Form 2–9H.
(2)An application under paragraph (1) shall be accompanied by an affidavit stating—
(a)the name of the person against whom the order is sought;
(b)the order sought;
(c)the ground under section 23A(1) of the International Arbitration Act relied on;
(d)the terms of the permission given by the arbitral tribunal for the application; and
(e)the material facts relied on.
9.08Application relating to disclosure of confidential information
(1)An application under section 23F or 23G of the International Arbitration Act for an order prohibiting or allowing the disclosure of confidential information shall be in Form 2–9I.
(2)An application under paragraph (1) shall be accompanied by an affidavit stating—
(a)the name of the person against whom the order is sought;
(b)the order sought;
(c)the material facts relied on;
(d)if the application is made under section 23F of the International Arbitration Act—the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; and
(e)if the application is made under section 23G of the International Arbitration Act either—
(i)the date the arbitral tribunal's mandate was terminated; or
(ii)the date and the terms—
(A)of the request made to the arbitral tribunal for disclosure of the confidential information; and
(B)of the arbitral tribunal's refusal to make the order.
9.09Application for relief under miscellaneous provisions of the Model Law
(1)An application for relief under article 11(3), 11(4), 13(3), 14, 16(3), 17H(3), 17I, 17J or 27 of the Model Law shall be in Form 2–9J.
(2)The application shall be accompanied by an affidavit stating the material facts on which the application for relief is based.
9.10Application to set aside award—Model Law
(1)An application under article 34 of the Model Law to set aside an award shall be in Form 2–9K.
(2)The application shall identify—
(a)if the applicant relies on article 34(2)(a) of the Model Law—which subparagraph of article 34(2)(a) is relied upon;
(b)if the applicant relies on article 34(2)(b) of the Model Law—which subparagraph of article 34(2)(b) is relied upon; and
(c)brief grounds for seeking the order.
(3)The application shall be accompanied by an affidavit—
(a)exhibiting—
(i)a copy of the arbitration agreement; and
(ii)a copy of the award including the reasons of the arbitral tribunal for the award; and
(b)identifying—
(i)the detailed grounds for seeking the order;
(ii)the material facts relied on; and
(iii)the date on which the applicant received the award or, if a request was made under article 33 of the Model Law to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.
(4)The application and supporting affidavit shall be served on any person whose interest might be affected by the setting aside of the award.
(5)Any application by a party to the arbitration under article 34(4) of the Model Law shall be made by summons in the proceeding commenced under paragraph (1).
9.11Enforcement of award under Model Law
(1)An application under article 35 of the Model Law to enforce an award shall be in Form 2–9L.
(2)The application shall be accompanied by an affidavit—
(a)exhibiting the documents referred to in article 35(2) of the Model Law; and
(b)stating—
(i)the extent to which the award has not been complied with, at the date the application is made; and
(ii)the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.
9.12Enforcement of Investment Convention award
(1)An application under section 35(2) of the International Arbitration Act for leave to enforce an award to which Part IV of the Act applies shall be in Form 2–9M.
(2)The application shall be accompanied by an affidavit stating—
(a)the extent to which the award has not been complied with, at the date the application is made; and
(b)the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.
Part 3—Domestic commercial arbitration
9.13Application for referral to arbitration
(1)An application under section 8 of the Commercial Arbitration Act to refer the parties to arbitration shall be in Form 2–9N.
(2)The application must be accompanied by an affidavit—
(a)exhibiting a copy of the arbitration agreement; and
(b)stating the material facts on which the application for relief is based.
9.14Subpoenas
(1)An application for the issue of a subpoena under section 27A of the Commercial Arbitration Act shall be in Form 2–9O.
(2)The application shall be accompanied by—
(a)a draft subpoena in accordance with paragraph (3); and
(b)an affidavit stating—
(i)the names of the parties to the arbitration;
(ii)the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration;
(iii)the place where the arbitration is being conducted;
(iv)the nature of the arbitration;
(v)the terms of the permission given by the arbitral tribunal for the application;
(vi)the conduct money (if appropriate) to be paid to the addressee; and
(vii)the witness expenses payable to the addressee.
(3)For the purposes of paragraph (2)(a), the draft subpoena shall be—
(a)for a subpoena to attend for examination before an arbitral tribunal—in Form 2–9P;
(b)for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena—in Form 2–9Q; or
(c)for a subpoena to attend for examination and produce documents—in Form 2–9R.
(4)The Court may—
(a)fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and
(b)direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.
(5)An amount fixed under paragraph (4) may be in addition to any conduct money or witness expenses referred to in paragraph (2)(b).
(6)A subpoena shall be—
(a)for a subpoena to attend for examination before an arbitral tribunal—in Form 2–9P;
(b)for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena—in Form 2–9Q; or
(c)for a subpoena to attend for examination and produce documents—in Form 2–9R.
(7)A person served with a subpoena shall comply with the subpoena in accordance with its terms.
(8)Order 42 of Chapter I applies so far as is practicable to a subpoena referred to in this Rule.
9.15Application relating to evidence for arbitration
(1)An application for an order under section 27B of the Commercial Arbitration Act shall be in Form 2–9S.
(2)An application under paragraph (1) shall be accompanied by an affidavit stating—
(a)the name of the person against whom the order is sought;
(b)the order sought;
(c)the ground under section 27B of the Commercial Arbitration Act relied on;
(d)the terms of the permission given by the arbitral tribunal for the application; and
(e)the material facts relied on.
9.16Application relating to disclosure of confidential information
(1)An application under section 27H or 27I of the Commercial Arbitration Act for an order prohibiting or allowing the disclosure of confidential information shall be in Form 2–9T.
(2)An application under paragraph (1) shall be accompanied by an affidavit stating—
(a)the name of the person against whom the order is sought;
(b)the order sought;
(c)the material facts relied on;
(d)if the application is made under section 27H of the Commercial Arbitration Act—the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; and
(e)if the application is made under section 27I of the Commercial Arbitration Act either—
(i)the date the arbitral tribunal's mandate was terminated; or
(ii)the date and terms—
(A)of the request made to the arbitral tribunal for disclosure of the confidential information; and
(B)of the arbitral tribunal's refusal to make the order.
9.17Application for relief under miscellaneous provisions of Commercial Arbitration Act
(1)An application for relief under section 11(3), 11(4), 13(4), 14, 16(9), 17H, 17I, 17J, 19(6) or 27 of the Commercial Arbitration Act shall be in Form 2–9U.
(2)The application shall be accompanied by an affidavit stating the material facts on which the application for relief is based.
9.18Preliminary point of law
(1)An application under section 27J of the Commercial Arbitration Act for leave to apply for determination of a question of law arising in the course of an arbitration and, if leave is granted, for the determination of the question of law, shall be in Form 2–9V.
(2)The application shall be accompanied by an affidavit—
(a)exhibiting—
(i)a copy of the arbitration agreement; and
(ii)evidence of the consent of the arbitrator or the consent of all the other parties as required by section 27J(2) of the Commercial Arbitration Act; and
(b)identifying—
(i)the name and usual or last known place of residence or business of any person whose interest might be affected by the proposed determination of the question of law or, if the person is a company, the last known registered office of the company;
(ii)the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises;
(iii)the facts on the basis of which the question of law is to be determined and the basis on which those facts are stated, including whether they are agreed, assumed, found by the arbitral tribunal or otherwise; and
(iv)the detailed grounds on which it is contended that leave should be granted.
(3)The application and supporting affidavit shall be served on any person whose interest might be affected by determination of the question of law.
(4)The Court may, if it thinks fit, hear and determine the question of law at the same time as the application for leave to apply for the determination of the question.
(5)If the Court first hears and grants the application for leave, it may make such orders as it thinks fit for the hearing and determination of the question of law.
9.19Application to set aside award
(1)An application under section 34 of the Commercial Arbitration Act to set aside an award shall be in Form 2–9W.
(2)The application shall identify—
(a)if the applicant relies on section 34(2)(a) of the Commercial Arbitration Act—which subparagraph of section 34(2)(a) is relied upon;
(b)if the applicant relies on section 34(2)(b) of the Commercial Arbitration Act—which subparagraph of section 34(2)(b) is relied upon; and
(c)brief grounds for seeking the order.
(3)The application shall be accompanied by an affidavit—
(a)exhibiting—
(i)a copy of the arbitration agreement; and
(ii)a copy of the award including the reasons of the arbitral tribunal for the award; and
(b)identifying—
(i)the detailed grounds for seeking the order;
(ii)the material facts relied on; and
(iii)the date on which the applicant received the award or, if a request was made under section 33 of the Commercial Arbitration Act to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.
(4)The application and supporting affidavit shall be served on any person whose interest might be affected by the setting aside of the award.
(5)Any application by a party to the arbitration under section 34(4) of the Commercial Arbitration Act shall be made by interlocutory application in the proceeding commenced under paragraph (1).
9.20Appeal
(1)An application under section 34A of the Commercial Arbitration Act for leave to appeal on a question of law arising out of an award shall be in Form 2–9X.
(2)The application shall state—
(a)the question of law to be determined; and
(b)the grounds on which it is alleged that leave to appeal should be granted.
(3)The application shall be accompanied by an affidavit showing that, before the end of the appeal period referred to in section 34A(1) and (6) of the Commercial Arbitration Act, the parties agreed that an appeal may be made under section 34A of that Act.
(4)The affidavit shall exhibit—
(a)a copy of the arbitration agreement; and
(b)a copy of the award, including the reasons of the arbitral tribunal for the award.
(5)The application shall be accompanied by a submission setting out—
(a)the name and usual or last known place of residence or business of any person whose interest might be affected by the proposed appeal or, if the person is a company, the last known registered office of the company;
(b)the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises;
(c)when and how the arbitral tribunal was asked to determine the question of law and where in the award or the reasons, and in what way, the arbitral tribunal determined it;
(d)the relevant facts found by the arbitral tribunal on the basis of which the question of law is to be determined by the Court;
(e)the basis on which it is contended that the determination of the question of law will substantially affect the rights of one or more parties;
(f)the basis on which it is contended that—
(i)the decision of the arbitral tribunal on the question of law is obviously wrong; or
(ii)the question of law is of general public importance and the decision of the arbitral tribunal is open to serious doubt;
(g)the basis on which it is contended that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in the circumstances for the Court to determine the question; and
(h)a succinct statement of the argument in support of the application for leave and the appeal if leave is granted.
(6)The application and the supporting material shall be served on any person whose interest might be affected by the proposed appeal.
(7)Within 14 days after service on a party or within such further period as the Court may allow, that party shall file and serve any answering material, including a succinct statement of any argument in opposition to the application for leave and the appeal if leave is granted.
(8)If it appears to the Court that an oral hearing of the application for leave to appeal is required, the Court may, if it thinks fit, hear and determine the appeal on the question of law at the same time as it hears the application for leave to appeal.
(9)If the Court grants the application for leave before hearing the appeal, it may make such orders as it thinks fit for the hearing and determination of the appeal.
(10)When an application for leave to appeal is brought or leave to appeal is granted, the Court may suspend or discharge any enforcement order made in respect of the award the subject of the proposed appeal.
9.21Application to enforce award
(1)An application under section 35 of the Commercial Arbitration Act to enforce an award shall be in Form 2–9Y.
(2)The application shall be accompanied by—
(a)the documents referred to in section 35 of the Commercial Arbitration Act; and
(b)an affidavit stating—
(i)the extent to which the award has not been complied with, at the date the application is made; and
(ii)the usual or last-known place of residence or business of the person against whom it is sought to enforce the domestic award or, if the person is a company, the last-known registered office of the company.
ORDER 10—SERVICE AND EXECUTION OF PROCESS RULES
10.01Definitions
In this Order—
appropriate court has the meaning given in section 105(6) of the Act;
court of rendition has the meaning given in Part 6 of the Act;
place of rendition has the meaning given in Part 6 of the Act;
the Act means the Service and Execution of Process Act 1992 of the Commonwealth.
10.02How application is made
An application under section 71, 72 or 86 of the Act shall be made by originating motion in Form 5C of Chapter I.
10.03Enforcement of judgment
A person who seeks to enforce a judgment registered under the Act shall, before taking any step under the Act or Chapter I for such enforcement, file an affidavit stating that the judgment is capable of being enforced in or by the court of rendition or a court in the place of rendition and the extent to which it is so capable.
10.04Fees
(1)The fees to be allowed in relation to the service under the Act of the process of a court in Victoria shall be calculated on the same basis as fees allowable in the appropriate court for service of process at the place where the process was served.
(2)The same fees shall be paid in relation to the enforcement under the Act by a court in Victoria of the process or judgment of a court of another part of Australia as are charged for the like enforcement of the process or judgment of the Victorian court, together with the fees set out in the Schedule to Rule 10.05.
10.05Costs
The same costs shall be allowed in relation to the enforcement of a judgment registered under the Act in a court in Victoria as are allowed on the enforcement of a like judgment of the Victorian Court.
Schedule
Lodgement of sealed copy judgment for registration
$60.00If registered in the County Court
$60.00
If registered in any other court
$60.00
ORDER 11—REGISTRATION OF JUDGMENTS UNDER FOREIGN JUDGMENTS ACT 1991
OF THE COMMONWEALTH
11.01Definition
In this Order, the Act means the Foreign Judgments Act 1991 of the Commonwealth.
11.02Application of Order
This Order applies to any proceeding in the Court under the Act.
11.03Application under section 6 by originating motion
(1)An application under section 6 of the Act for the registration of a judgment to which Part 2 of the Act applies may be made without notice to any person.
(2)The application—
(a)shall be by originating motion; and
(b)shall be supported by affidavit.
11.04Affidavit
(1)An affidavit under Rule 11.03 shall state to the best of the information and belief of the deponent—
(a)that the plaintiff is entitled to enforce the judgment;
(b)that the judgment is final and conclusive between the parties;
(c)facts demonstrating that the Court is the appropriate court under section 6(1) of the Act;
and
IN THE MATTER of an application by [full name]
APPLICATION FOR CERTIFICATE OF ELIGIBILITY
TO: The Victorian Legal Admissions Board
[insert address]
I, [full name, address and occupation], apply to the Board for a certificate that I am eligible to be appointed as a public notary under the Public Notaries Act 2001 of the State of Victoria.
Date:
Signed:
[State clearly: Mr, Ms, Mrs, Miss]
MY DATE OF BIRTH is:
MY BUSINESS TELEPHONE NUMBER is:
AS REQUIRED, I SUPPLY THE FOLLOWING INFORMATION:
1.I am an Australian lawyer and am on the Supreme Court roll or on a Supreme Court roll as defined in the Legal Profession Uniform Law (Victoria).
2.I am *a/*the principal of a law practice (as defined in the Legal Profession Uniform Law (Victoria)), namely [insert name] and I carry on practice at the office of that law practice at [address where applicant most often works] [*The law practice also has offices in [identify location of other offices, if any] ].
3.I have held for a period of [number] years an Australian practising certificate authorising me to engage in legal practice as a principal within the meaning of the Legal Profession Uniform Law (Victoria) [*and previous corresponding enactments] and a certificate of standing issued by the Law Institute of Victoria is annexed.
4.I have completed a course of study related to notarial practice approved by the Victorian Legal Admissions Board, namely the course [identify the course of study undertaken and completed], and a certificate from the [name of institution] that I have completed that course is annexed hereto.
5.If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001, I wish to comply with Rule 15.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/*making an affirmation.
6.[*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to any designated local regulatory authority as defined in the Legal Profession Uniform Law (Victoria) is pending either in Victoria or elsewhere.
*7.I bring to the notice of the Board the facts set out in the document which is exhibited to my affidavit and I ask the Board to consider whether those facts adversely affect my application.
*Delete if inapplicable.
AFFIDAVIT OF VERIFICATION
I, [full name, address and occupation], *make oath/*affirm and say as follows:
1.I am the abovenamed applicant.
2. All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.
*3.Now produced and shown to me and marked with the letter "A" is the document setting out the further facts that I seek to draw to the Board's attention, all of which further facts are to the best of my knowledge and belief true and correct in every particular.
*Sworn/*Affirmed, etc.
*Delete if inapplicable.
FORM 2–15B—CERTIFICATE OF ELIGIBILITY
Rule 15.03
[heading as in Form 2-15A]
CERTIFICATE OF ELIGIBILITY
IT APPEARING TO the Victorian Legal Admissions Board that the person named below has completed to the satisfaction of the Board a course of study related to notarial practice approved by the Board and—
*otherwise meets all of the requirements of section 4 of the Public Notaries Act 2001
[or]
*otherwise meets all of the requirements of section 4 of the Public Notaries Act 2001 except the requirement of paragraph (c) which the Board—
*dispensed with [or]
*varied as follows, that is to say, by requiring instead
[insert details].
THE VICTORIAN LEGAL ADMISSIONS BOARD CERTIFIES THAT
[full name, address and occupation]
is eligible for appointment as a public notary under that Act.
Dated:
Signed, for the Victorian Legal Admissions Board,
Members:
*Delete if inapplicable.
FORM 2–15C—AFFIDAVIT IN SUPPORT OF APPLICATION FOR APPOINTMENT
Rule 15.04
[heading as in Form 2–15A]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR APPOINTMENT
I, [full name, address and occupation], make oath and say as follows—
1.I am the abovenamed applicant and I make this affidavit in support of my application for appointment as a public notary under the Public Notaries Act 2001 ("the Act").
2.I was born on [date].
3.I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [insert name of law practice] and I carry on practice at [address].
4.The Victorian Legal Admissions Board has issued to me a certificate of eligibility dated [date] under section 5 of the Act, certifying that I am eligible for appointment as a public notary, and I have filed that certificate with the originating motion in this proceeding.
*5.Now produced and shown to me and marked with the letter "A" is a cash register receipt [or other evidence, as the case may be] in proof that I have paid the fee referred to in section 6(3) of the Act.
*6[If the application for appointment as a public notary to which this affidavit relates will be heard and determined without an oral hearing, complete the below]
I am aware that I have the choice to take an oath of office or make an affirmation of office. I have chosen to *take an oath of office/*make an affirmation of office.
At the time of making this affidavit and in the presence of the person taking it, I have said aloud:
*the oath of office set out in Form 2–15E
*the affirmation of office set out in Form 2–15E.
At the time of making this affidavit and in the presence of the person taking it, I have entered my signature inside the signature box below:
I authorise and consent to the Prothonotary extracting my signature from the signature box and affixing it to the roll of public notaries as my signature.
*Sworn/*Affirmed, etc.
*Delete if inapplicable.
FORM 2–15D—NOTICE OF INTENTION TO APPLY FOR APPOINTMENT AS A PUBLIC NOTARY
Rule 15.05
[heading as in Form 2–15A]
NOTICE OF INTENTION TO APPLY FOR APPOINTMENT AS A PUBLIC NOTARY
TAKE NOTICE that I, [full name, address and occupation], intend to apply [if application to be heard in open court] *on [date] at [time] to the Court constituted by the Chief Justice for appointment as a public notary under section 6 of the Public Notaries Act 2001.
I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [insert name of law practice] and I carry on practice at [address].
Dated:
[Signed]
*Delete if inapplicable.
FORM 2–15E—OATH OF OFFICE AND AFFIRMATION OF OFFICE—PUBLIC NOTARY
Rule 15.06
OATH OF OFFICE
I, [full name] of [address], do swear that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.
AFFIRMATION OF OFFICE
I, [full name] of [address], do solemnly and sincerely affirm that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.
FORM 2–15F—NOTIFICATION OF PARTICULARS AND SPECIMEN SEAL
Rule 15.07
[heading as in Form 2-15A]
NOTIFICATION OF PARTICULARS AND SPECIMEN SEAL
TO: the Prothonotary
AND TO: the Victorian Legal Services Board
TAKE NOTICE that pursuant to the provisions of the Public Notaries Act 2001 I was appointed and enrolled as a public notary on [date].
My particulars are as follows:
Name:
Address:
Date of birth:
Firm Name:
Telephone No:
Facsimile No:
Email:
Dated:
Signed:
SPECIMEN
IMPRINT OF SEAL:
FORM 2–18A—NOTICE BY EMPLOYER SEEKING JUDGMENT
Rule 18.03(1)
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
NOTICE BY EMPLOYER SEEKING JUDGMENT
TO THE PLAINTIFF AND
TO THE DEFENDANT
TAKE NOTICE that under the Workers Compensation Act 1958, [name of employer] has made payments of compensation set out in the Schedule to this application in respect of an injury suffered on [insert date] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding.
AND TAKE NOTICE that under section 66(1)(a) of the Workers Compensation Act 1958, [name of employer] seeks judgment for the amount of the payments of compensation and says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount.
Dated:
[Signed by employer or employer's solicitor]
FILED:
[Schedule of payments to be attached]
FORM 2–18B—NOTICE OF FURTHER PAYMENTS
Rule 18.04
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
and
E.F. Employer
NOTICE OF FURTHER PAYMENTS
TO THE PLAINTIFF AND
TO THE DEFENDANT
TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Application of the Employer filed on [insert date], the employer has made further payments of compensation set out in the Schedule.
Dated:
[Signed by party or party's solicitor]
FILED:
[Schedule of further payments to be attached]
FORM 2–18C—NOTICE OF DISPUTE
Rule 18.05(1)
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
and
E.F. Employer
NOTICE OF DISPUTE
TO THE DEFENDANT AND
TO THE EMPLOYER
TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made as alleged in this proceeding [give particulars of disputed payments] and requires that this dispute be settled by the Court at the trial of the proceeding.
Dated:
[Signed by Plaintiff or Plaintiff's solicitor]
FILED:
FORM 2–18D—NOTICE TO REDUCE PAYMENTS
Rule 18.07(1)
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
NOTICE TO REDUCE PAYMENTS
TO [party(ies) to be served]
TAKE NOTICE that under the Workers Compensation Act 1958, [name of employer] has made payments of compensation set out in the Schedule to this Notice in respect of any injury suffered on [insert date] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding.
AND TAKE NOTICE that under section 66(1)(b) of the Workers Compensation Act 1958 the [party giving notice] says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount.
Dated:
[Signed by party or party's solicitor]
FILED:
[Schedule of payments to be attached]
FORM 2–18E—NOTICE OF FURTHER PAYMENTS
Rule 18.08
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
NOTICE OF FURTHER PAYMENTS
TO [party(ies) to be served]
TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Notice of the [party] filed on [insert date], the employer has made the further payments of compensation set out in the Schedule.
Dated:
[Signed by party or party's solicitor]
FILED:
[Schedule of further payments to be attached]
FORM 2–18F—NOTICE TO DISPUTE
Rule 18.09(1)
IN THE SUPREME COURT
OF VICTORIA 20 No.
AT
BETWEEN
A.B. Plaintiff
and
C.D. Defendant
NOTICE TO DISPUTE
TO [party(ies) to be served]
TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made by the employer as alleged in this proceeding [give particulars of disputed payments] and requires that this dispute be settled by the Court at the trial of the proceeding.
Dated:
[Signed by Plaintiff or Plaintiff's solicitor]
FILED:
FORM 2–19A—ORIGINATING MOTION
Rule 19.02(1)
[heading as in Form 5A of Chapter I]
ORIGINATING MOTION
(WARDSHIP APPLICATION)
TO THE DEFENDANT
TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for an order that M.N. a minor be made a ward of the Court [and if other relief is claimed, state the relief].
ALSO TAKE NOTICE that the proceeding will be heard before the Judge in the Practice Court, Supreme Court, 210 William Street, Melbourne, on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
IF YOU INTEND TO DEFEND the proceeding—
(a)you must file a notice which gives an address in Victoria at which documents in the proceeding may be served on you; and
(b)you must attend before the Court at the time and place set out above.
FILED:
Prothonotary
Page 2
1.This originating motion was filed—
*(a)by the plaintiff in person;
*(b)for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor];
*(c)for the plaintiff 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 solicitor].
2.The address of the plaintiff is—
3.The address for the service of the plaintiff is—
[If the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, if the solicitor acts by an agent, the business address of the agent. If the plaintiff sues without a solicitor, the address for service is stated in 2, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria.]
4.The address of the defendant is—
*Delete if inapplicable.
FORM 2–22A—APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR
Rule 22.02
IN THE SUPREME COURT
OF VICTORIA
AT
IN THE MATTER OF:
APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
THIS MATTER WAS LISTED ON: [date]
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.: Email address:
Address for service:
*I have legal representation [complete below]
*I do not have legal representation
*I represent the appellant
Firm: Practitioner's Name:
Solicitor Code: Ref.:
TO the Prothonotary:
AND TO the Respondent: [name] of [address]
An appeal was made under section 114 of the Family Violence Protection Act 2008 against a decision of the *Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder'*Children's Court constituted by *the President of the Children's Court/*the Chief Magistrate who is a dual commission holder at [place] on [date].
The *Magistrates' Court/*Children's Court reference number is:
The applicant applies under section 118A(3) of the Family Violence Protection Act 2008 for an order to set aside the order striking out the appeal for the applicant's failure to appear made by the Supreme Court on [date].
Reasons for application
The application is made on the grounds that the failure to appear was not due to fault or neglect on the applicant's part.
The reasons are: [give details]
Date:
[Signature of Applicant/
Applicant's legal practitioner]
The filing of this application does not stay the original order.
LISTING OF APPLICATION
This application is listed for hearing before the Supreme Court at [place] at [time] on [date].
Date:
Prothonotary
*Delete if inapplicable.
FORM 2–23A—ORIGINATING MOTION
Rule 23.03(1) and (4)
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
COMMON LAW DIVISION
IN THE MATTER of the Charter of Human Rights and Responsibilities Act 2006
IN THE MATTER of a referral to the Supreme Court under section 33 of the Charter of Human Rights and Responsibilities Act 2006
A.B. Plaintiff(s)
and
C.D. Defendant(s)
ORIGINATING MOTION
TO: the Defendant(s)
TAKE NOTICE that this proceeding by originating motion has been brought by the plaintiff(s) pursuant to *Rule 23.03(1)/*Rule 23.03(4) of Chapter II of the Rules of the Supreme Court to implement a referral under section 33 of the Charter of Human Rights and Responsibilities for the determination of a question of law relating to the application of the Charter of Human Rights and Responsibilities, or a question with respect to the interpretation of a statutory provision in accordance with the Charter of Human Rights and Responsibilities.
The referral was made by [identify the court or tribunal] on [state date] on the application of [identify the party who made the application for referral.]
A copy of the order or direction or other document recording the referral is attached to this originating motion.
ALSO TAKE NOTICE that this originating motion is served with a summons for a hearing at which the Court may give directions for the conduct of the proceeding.
FILED: [date]
PROTHONOTARY
THIS ORIGINATING MOTION is to be served within seven days from the date it is filed or within such further time as the Court orders.
1.This originating motion was filed—
*(a)by the plaintiff in person;
*(b)for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor];
*(c)for the plaintiff 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 solicitor].
2.The address of the plaintiff is:
3.The address for service of the plaintiff is:
[If the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, if the solicitor acts by an agent, the business address of the agent. If the plaintiff sues without a solicitor, the address for service is stated in 2, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria.]
4.The address of each defendant is:
[An address for service in the proceeding from which the referral was made may be stated as that defendant's address.]
*Delete if inapplicable.
FORM 2–23B—SUMMONS FOR DIRECTIONS
Rule 23.04
[heading as in Form 2–23A]
SUMMONS FOR DIRECTIONS
TO: [identify each party to whom summons is addressed].
You are summoned to attend before the Court for a hearing at which the Court may give directions for the conduct of the proceeding.
The hearing will be before the *Judge of the Court/*Associate Judge/*Judicial Registrar at [insert address or other location details of hearing], on [insert date] at [insert time] or so soon afterwards as the business of the Court allows.
NOTE: Under Rule 23.03 of Chapter II of the Rules of the Supreme Court, a party named as a defendant and served with a copy of an originating motion may notify the Court and the plaintiff in writing that the party does not wish to be heard in this proceeding and will abide the decision of the Court on the referral under section 33 of the Charter of Human Rights and Responsibilities Act 2006.
FILED: [date].
This summons was filed by [identify party].
*Delete if not applicable.
SCHEDULE 1—REVOKED STATUTORY RULES
Rule 1.04
| S.R. No. | Title |
| 94/2008 | Chapter II of the Rules of the Supreme Court, the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 |
| 42/2009 | Supreme Court (Chapter II Amendment No. 2) Rules 2009 |
| 208/2014 | Supreme Court (Chapters II and III Family Provision and Other Matters Amendment) Rules 2014 |
| 142/2015 | Supreme Court (Chapter II Legal Profession Amendments) Rules 2015 |
| 14/2016 | Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016 |
| 15/2017 | Supreme Court (E-Filing Amendments) Rules 2017 |
| 97/2017 | Supreme Court (Chapters I and II Amendment) Rules 2017 |
Dated: 17 May 2018
ANNE FERGUSON, C.J.
CHRISTOPHER MAXWELL, P.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
KIM HARGRAVE, J.A.
KEVIN H. BELL, J.
ANTHONY CAVANOUGH, J.
TERRY FORREST, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN R. DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
GREG GARDE, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANE A. DIXON, J.
A. J. KEOGH, J.
MICHELLE QUIGLEY, J.
J. R. CHAMPION, J.
M. N. CONNOCK, J
MELINDA RICHARDS, J
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Supreme Court (Miscellaneous Civil Proceedings) Rules 2018, S.R. No. 57/2018 were made on 17 May 2018 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986 and came into operation on 23 July 2018: rule 1.03.
The Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 will sunset 10 years after the day of making on 17 May 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 by statutory rules, subordinate instruments and Acts.
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Supreme Court (Chapters II and III Miscellaneous Amendments) Rules 2019, S.R. No. 19/2019
Date of Making: 21.3.19 Date of Commencement: Rule 4 on 25.3.19: rule 3
Supreme Court (Probate E-filing and Other Amendments) Rules 2019, S.R. No. 124/2019
Date of Making: 26.11.19 Date of Commencement: Rules 26–28 on 15.4.20: rule 3(2)
Supreme Court (Chapters I and II Judicial Registrars, Admission to Legal Profession and Public Notaries Amendment) Rules 2020, S.R. No. 98/2020
Date of Making: 28.9.20 Date of Commencement: Rules 6–12 on 5.10.20: rule 3
Supreme Court (Chapter II Order 14 Objections Amendment) Rules 2020, S.R. No. 131/2020
Date of Making: 26.11.20 Date of Commencement: 1.12.20: rule 3
Supreme Court (DX, Address and References to the Sovereign Amendments) Rules 2023, S.R. No. 21/2023
Date of Making: 30.3.23 Date of Commencement: Rules 5, 20, 23 on 1.4.23: rule 3
Supreme Court (Chapter II Supreme Court Roll Amendment) Rules 2023, S.R. No. 31/2023
Date of Making: 17.5.23 Date of Commencement: 1.6.23: rule 3
Supreme Court (Chapter II Senior Counsel Amendment) Rules 2023, S.R. No. 96/2023
Date of Making: 31.8.23 Date of Commencement: 1.9.23: rule 3
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3 Explanatory details
[1] Note to Rule 8.15(1): S.R. No. 44/2010.
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