Supreme Court (General Civil Procedure) Rules 2015
Endnotes
Supreme Court (General Civil Procedure) Rules 2015
S.R. No. 103/2015
Supreme Court (General Civil Procedure) Rules 2015
S.R. No. 103/2015
table of provisions
RulePage
i
Order 1Preliminary1
Part 1Citation, commencement and revocation1
1.01Title and object1
1.02Authorising provisions1
1.03Commencement and revocation1
Part 2Application of Rules2
1.04Definitions2
1.05Application2
1.06Jurisdiction not affected2
1.12Order to review3
Part 3Interpretation3
1.13Definitions3
Part 4Miscellaneous6
1.14Exercise of power6
1.14.1Exercise of powers of Registrar by Associate Judge6
1.15Procedure wanting or in doubt7
1.16Act by corporation7
1.17Corporation a party7
1.18Power to act by solicitor8
1.19Continuation of address for service8
Order 2Non-compliance with the Rules9
2.01Effect of non-compliance9
2.02Originating process9
2.03Application to set aside for irregularity9
2.04Dispensing with compliance10
Order 3Time, sittings and Court office11
3.01Calculating time11
3.02Extension and abridgement11
3.03Fixing time12
3.04Process in vacation12
3.05Time for service12
3.06Proceedings after a year12
3.07Sittings and vacation13
3.08Office13
3.09Office hours13
Order 4Process in the Court14
Part 1General14
4.01How proceeding commenced14
4.02Interlocutory application14
4.03Names of parties14
4.04When writ required15
4.05When originating motion required15
4.06Optional commencement by originating motion15
4.07Continuance as writ of proceeding by originating motion16
4.08Urgent case16
Part 2Certification requirements for proceedings17
4.09Overarching obligations certification17
4.09.1Certification of prior overarching obligations certification17
4.10Proper basis certification17
Order 5Content, filing and duration of originating process18
5.01Definitions18
5.02Form of originating process18
5.03Appearance18
5.04Indorsement of claim on writ19
5.05Indorsement of claim on motion19
5.06Indorsement as to capacity19
5.07Address of parties19
5.08Place and mode of trial20
5.09Stay on payment of costs20
5.10Petition21
5.11Filing of originating process21
5.12Duration and renewal of originating process23
Order 6Service25
6.01When personal service necessary25
6.02Personal service of originating process25
6.03How personal service effected25
6.04Service on particular defendants26
6.05Motor car death or bodily injury27
6.06Address for service27
6.06.1Solicitor changing address28
6.07How ordinary service effected28
6.08Identity of person served31
6.09Acceptance of service by solicitor31
6.10Substituted service31
6.11Confirmation of informal service32
6.12Service by filing32
6.13Service on agent32
6.14Service under contract33
6.15Recovery of vacant land33
6.16Service of notice by the Court34
6.17Affidavit of service34
Order 7Service out of Australia36
Part 1When service out is allowed36
7.01For what claims36
7.02Indorsement on originating process38
7.03Mode of service out of Australia39
7.04Leave to proceed where no appearance39
7.05Stay, setting aside service etc.40
7.06Service of other process by leave40
7.07Service of counterclaim or third party notice41
7.08Application for leave41
Part 2Service in foreign country42
7.09Application42
7.10Documents required42
7.11Translation43
7.12Request and undertaking43
7.13Procedure on lodgment and filing44
7.14Evidence of service44
7.15Order for payment of expenses45
Order 7ATrans-Tasman proceedings46
7A.01Definitions46
7A.02Application of Order46
7A.03Commencement of proceeding for order under Trans-Tasman Proceedings Act47
7A.04Interlocutory application under Trans-Tasman Proceedings Act47
7A.05Application for interim relief47
7A.06Application for leave to serve subpoena in New Zealand48
7A.07Form of subpoena49
7A.08Application to set aside subpoena50
7A.09Application for issue of certificate of noncompliance with subpoena50
7A.10Form of certificate of non-compliance51
7A.11Notice of registration of NZ judgment51
7A.12Application for extension of time to give notice of registration of NZ judgment51
7A.13Application to set aside registration of NZjudgment52
7A.14Application for stay of enforcement of registered NZjudgment to enable liable person to appeal52
7A.15Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal53
7A.16Application for order for use of audio link or audiovisual link53
Order 8Appearance54
8.01Application54
8.02Appearance before taking step54
8.03Who to file appearance54
8.04Time for appearance54
8.05Mode of filing appearance55
8.06Address for service of defendant55
8.07Late appearance56
8.08Conditional appearance57
8.09Setting aside writ or originating motion57
Order 9Joinder of claims and parties58
9.01Joinder of claims58
9.02Permissive joinder of parties58
9.03Joinder of necessary parties58
9.04Joinder inconvenient59
9.05Effect of misjoinder or non-joinder of party60
9.06Addition, removal, substitution of party60
9.07Procedure for addition of party60
9.08Defendant dead at commencement of proceeding61
9.09Change of party on death, bankruptcy63
9.10Failure to proceed after death of party64
9.11Amendment of proceedings after change of party65
9.12Consolidation or trial together66
9.13Conduct of proceeding67
Order 10Counterclaim68
10.01Application of Order68
10.02When counterclaim allowed68
10.03Counterclaim against plaintiff and another person68
10.04Procedure after counterclaim against another person68
10.05Trial of counterclaim70
10.06Counterclaim inconvenient70
10.07Stay of claim70
10.08Counterclaim on stay etc., of original proceeding70
10.09Judgment for balance71
Order 11Third party procedure72
11.01Claim by third party notice72
11.02Statement of claim on third party notice72
11.03Time for appearance72
11.04Filing and service of third party notice73
11.05Time for third party notice73
11.06Leave to file third party notice74
11.07Other requirements for service74
11.08Appearance by third party75
11.09Defence of third party75
11.10Counterclaim by third party76
11.11Default by third party76
11.12Discovery and trial77
11.13Third party directions78
11.14Judgment between defendant and third party79
11.15Claim against another party79
11.16Fourth and subsequent parties80
11.17Counterclaim80
Order 12Interpleader81
12.01Definitions81
12.02Stakeholder's interpleader81
12.03Sheriff's interpleader82
12.04Sheriff's summons to state claim82
12.05Notice to execution creditor83
12.06Admission of claim83
12.07Interpleader summons84
12.08Powers of Court84
12.09Default by claimant85
12.10Neutrality of applicant86
12.11Order in several proceedings86
12.12Trial of interpleader question87
Order 13Pleadings88
13.01Formal requirements88
13.02Content of pleading88
13.03Document or conversation89
13.04Fact presumed true89
13.05Condition precedent89
13.06Implied contract or relation89
13.07Matter which must be pleaded89
13.08Subsequent fact90
13.09Inconsistent pleading90
13.10Particulars of pleading90
13.11Order for particulars92
13.12Admission and denials92
13.13Denial by joinder of issue93
13.14Money claim as defence93
13.15Counterclaim94
Order 14Service of pleadings95
14.01Statement of claim indorsed on writ95
14.02Statement of claim not indorsed on writ95
14.03Alteration of claim as indorsed on writ95
14.04Service of defence95
14.05Reply96
14.06Pleading after reply96
14.07Defence to counterclaim96
14.08Close of pleadings96
14.09Order as to pleadings97
14.10Filing of pleadings97
Order 15Persons under disability98
15.01Definitions98
15.02Litigation guardian of person under disability98
15.03Appointment of litigation guardian98
15.04No appearance by person under disability100
15.05Application to discharge or vary certain orders100
15.06Pleading admission by person under disability100
15.07Discovery100
15.08Compromise of claim by a person under disability101
15.09Execution against money in court102
15.10Counterclaim and claim by third party notice103
Order 16Executors, administrators andtrustees104
16.01Representation of unascertained persons104
16.02Beneficiaries105
16.03Deceased person106
Order 17Partners and sole proprietors107
17.01Partners107
17.02Disclosure of partners107
17.03Service of originating process108
17.04Appearance by partners108
17.05No appearance except by partners109
17.06Appearance under objection of person sued as partner109
17.07Enforcement of judgment110
17.08Enforcement between partners111
17.09Attachment of debts111
17.10Person using the business name111
17.11Charge on partner's interest112
Order 18Representative proceeding113
18.01Application113
18.02Proceeding by or against representative113
18.03Order for representation by defendant113
18.04Effect of judgment113
Order 18AGroup proceeding115
18A.01Application115
18A.02Consent to be group member115
18A.04Opting out115
18A.05Order involving notice115
Order 19Notice of constitutional matter116
19.01Definitions116
19.02Notice116
19.03Filing and service116
Order 20Change of solicitor118
20.01Notice of change118
20.02Party appointing solicitor118
20.03Solicitor ceasing to act118
20.04Removal of solicitor from record119
20.05Address for service120
20.06Death, retirement etc., of Victorian Government Solicitor121
Order 21Judgment in default of appearance or pleading122
21.01Default of appearance122
21.02Default of defence122
21.03Judgment for recovery of debt, damages or property123
21.04Judgment other than for recovery of debt, damages or property124
21.05Proceeding continued against other defendants125
21.06Default of defence to counterclaim125
21.07Setting aside judgment125
Order 22Summary judgment126
Part 1General126
22.01Scope of Order126
22.02Interpretation126
Part 2Application by plaintiff for summary judgment126
22.03Application by plaintiff for judgment126
22.04Summons and affidavit in support126
22.05Defendant to show cause127
22.06Affidavit in reply128
22.07Cross-examination on affidavit128
22.08Hearing of application128
22.09Assessment of damages129
22.10Judgment where debt amount unascertained129
22.11Directions130
22.12Continuing for other claim or against other defendant130
22.13Judgment for delivery up of chattel130
22.14Relief against forfeiture131
22.15Setting aside judgment131
Part 3Application by defendant for summary judgment131
22.16Application by defendant for judgment131
22.17Summons131
22.18Affidavit in support131
22.19Plaintiff to show cause132
22.20Affidavit in reply132
22.21Cross-examination on affidavit133
22.22Hearing of application133
22.23Setting aside judgment133
Part 4Application by or against third or subsequent party134
22.24Third or subsequent party134
Order 23Summary stay or dismissal of claim and striking out pleading135
23.01Stay or judgment in proceeding135
23.02Striking out pleading135
23.04Affidavit evidence136
23.05Declaratory judgment136
Order 24Judgment on failure to prosecute or obey order for particulars or discovery137
24.01Judgment on dismissal137
24.02Failure to obey order137
24.03Stay on non-payment of costs138
24.04Counterclaim and third party claim138
24.05Inherent jurisdiction138
24.06Setting aside judgment139
Order 25Discontinuance and withdrawal140
25.01Withdrawal of appearance140
25.02Discontinuance or withdrawal of proceeding or claim140
25.03Proceeding not commenced by writ141
25.04Notice of discontinuance or withdrawal141
25.05Costs141
25.06Discontinuance or withdrawal no defence142
25.07Stay on non-payment of costs142
Order 26Offers of compromise and offers to compromise on appeal143
Part 1Interpretation143
26.01Definitions143
Part 2Offers of compromise143
26.02Offers of compromise generally143
26.03Time for making, accepting etc. offer144
26.03.1Time for payment145
26.04Effect of offer145
26.05Disclosure of offer to Court146
26.06Party under disability146
26.07Withdrawal of acceptance146
26.07.1Failure to comply with accepted offer147
26.07.2Multiple defendants147
26.08Costs consequences of failure to accept148
26.08.1Pre-litigation offers151
26.10Contributor parties151
26.11Transitional152
Part 3Offer to compromise on appeal152
26.12Appeal to Court of Appeal152
Order 27Content and form of Courtdocuments154
27.01Conformity with Rules154
27.02Heading and title of document154
27.03Form of document155
27.04Numbers157
27.05Copies on request158
27.06Prothonotary refusing to seal or accept document158
27.07Scandalous matter159
Order 28Filing and sealing of Courtdocuments160
Part 1General160
28.00Application of this Part160
28.01How document filed160
28.02Proceedings commenced outside Melbourne160
28.03Date of filing161
28.04Seal of Court161
28.05Inspection of documents162
28.06Production of Court document163
Part 2Electronic filing other than in RedCrest163
28.07Application of Part163
28.08Definitions163
28.09Authorised provider may make documents available163
28.10Prothonotary may accept a document for filing164
28.11Prothonotary may reject a document165
28.12Authorised user may make copies165
28.13Documents that may not be filed electronically165
28.14Evidence of filing166
28.15Production of original document166
28.16Retention of original documents166
28.17Authorised provider167
Order 28AElectronic filing in RedCrest168
28A.01Application of this Order168
28A.02Definitions168
28A.03Exclusive method of filing168
28A.04How document filed168
28A.05Time of filing170
28A.06Non-compliance with Rules and documents that may be set aside etc.171
28A.07Seal of the Court171
28A.08Signatures on documents172
28A.09Production of original document172
28A.10Retention of original signed document172
28A.11Authentication of judgments and orders in RedCrest173
28A.12Access to RedCrest174
28A.13Limited access174
28A.14Refusal to issue and cancellation of username and password175
28A.15Review by Court of access to RedCrest176
28A.16Order for electronic service176
28A.17Confidentiality and privacy176
Order 29Discovery and inspection of documents177
29.01Application and definition177
29.01.1Scope of discovery177
29.02Notice for discovery178
29.03Discovery after notice178
29.04Affidavit of documents179
29.05Order limiting discovery180
29.05.1Order for general discovery180
29.05.2Order for expanded discovery180
29.06Co-defendants and third party180
29.07Order for discovery181
29.08Order for particular discovery181
29.09Inspection of documents referred to in affidavit of documents182
29.10Inspection of documents referred to in pleadings and affidavits183
29.11Order for discovery184
29.12Direction as to documents185
29.12.1Default notice186
29.13Inspection of document by Court187
29.14Default on discovery187
29.15Continuing obligation to make discovery187
29.16Discovery after directions188
29.17Transitional provisionSupreme Court (Chapter I Amendment No.18) Rules2010188
Order 30Interrogatories189
30.01Definitions189
30.02When interrogatories allowed189
30.03Statement as to who to answer189
30.04Filing interrogatories and time for answers190
30.05Source for answers to interrogatories190
30.06How interrogatories to be answered192
30.07Ground of objection to answer192
30.08Who to answer interrogatories193
30.09Failure to answer interrogatories194
30.09.1Default notice194
30.10Non-compliance with order195
30.11Answers as evidence195
30.12Interrogatories after directions196
Order 31Discovery by oral examination197
31.01Definitions197
31.02When available197
31.03Party a corporation197
31.04How consent given198
31.05Effect of consent198
31.06Appointment of examiner198
31.07Attendance on examination199
31.08Party a corporation199
31.09Powers of examiner199
31.10Record of examination199
31.11How party to be examined200
31.12Procedure on objection to question201
31.13Order to answer question201
31.14Costs201
Order 32Preliminary discovery and discovery from non-party202
32.01Definitions202
32.02Privilege202
32.03Discovery to identify a defendant202
32.04Party an applicant203
32.05Discovery from prospective defendant203
32.06Party an applicant204
32.07Discovery from non-party204
32.08Procedure205
32.09Inspection of documents205
32.10Directions as to documents205
32.11Costs206
Order 33Medical examination and service of hospital and medical reports207
33.01Application207
33.02Counterclaim207
33.03Definitions207
33.04Notice for examination209
33.05Expenses209
33.06Report of examination of plaintiff210
33.07Service of reports by plaintiff210
33.08Service of reports by defendant211
33.08.1Other medical reports to be served212
33.09Opinion on liability212
33.10Material for Court213
33.11Medical report admissible213
33.12No evidence unless disclosed in report215
Order 34Directions216
34.01Powers of Court216
34.02Nature of directions216
34.03Admissions and agreements216
34.04Duty to obtain directions217
Order 35Admissions218
35.01Definition218
35.02Voluntary admission of facts218
35.03Notice for admission of facts218
35.04Judgment on admissions219
35.05Notice for admission of documents219
35.06Cost of non-admission of fact or document220
35.07Restrictive effect of admission220
35.08Notice to produce documents220
Order 36Amendment221
36.01General221
36.02Failure to amend within time limited222
36.03Amendment of writ or other originating process before service and disallowance of amendment222
36.04Amendment of pleading and disallowance of amendment223
36.05How pleading amendment made224
36.06Pleading to an amended pleading224
36.07Amendment of judgment or order225
Order 37Inspection, detention and preservation of property226
37.01Inspection, detention etc. of property226
37.02Inspection from prospective defendant227
37.03Procedure228
37.04Disposal of perishable property229
37.05Payment into Court in discharge of lien229
37.06Interim distribution of property or income229
37.07Jurisdiction of Court not affected230
Order 37AFreezing orders231
37A.01Definitions231
37A.02Freezing order231
37A.03Ancillary order232
37A.04Respondent need not be party to proceeding233
37A.05Order against judgment debtor or prospective judgment debtor or third party233
37A.06Jurisdiction of Court not limited235
37A.07Service235
37A.08Costs236
37A.09Application to be heard by Judge of the Court236
Order 37BSearch orders237
37B.01Definitions237
37B.02Search order237
37B.03Requirements for grant of search order237
37B.04Jurisdiction of Court not limited239
37B.05Terms of search order240
37B.06Independent solicitors241
37B.07Costs241
37B.08Service242
37B.09Application to be heard by Judge of the Court242
Order 38Injunctions243
38.01When Court may grant243
38.02Application before trial243
38.03Costs and expenses of non-party243
38.04Ouster of office243
Order 39Receivers245
39.01Application and definitions245
39.02Appointment of receiver245
39.03Service of order245
39.04Consent of receiver245
39.05Security by receiver246
39.06Remuneration of receiver246
39.07Receiver's accounts246
39.08Default by receiver247
39.09Directions to receivers248
Order 40Evidence generally249
40.01Definition249
40.02Evidence of witness249
40.03Contrary direction as to evidence249
40.04Examination on affidavit250
40.05Evidence of particular facts250
40.06Revocation or variation of order251
40.07Deposition as evidence251
40.08Proof of Court documents252
40.09Evidence of consent252
40.10Defamation253
40.11Subsequent use of evidence at trial253
40.12Attendance and production253
40.13View254
Order 41Evidence before trial255
Part 1Evidence by deposition255
41.01Order for witness examination255
41.02Documents for examiner255
41.03Appointment for examination255
41.04Conduct of examination256
41.05Examination of additional persons256
41.06Objection257
41.07Taking of depositions257
41.08Authentication and filing258
41.08.1Confidentiality of deposition259
41.09Report of examiner259
41.10Default of witness259
41.11Witness allowance260
41.12Perpetuation of testimony260
41.13Letter of request260
41.14Translation261
41.15Undertaking262
41.16Order for payment of expenses262
Part 2Applications for taking evidence abroad under Part 2 of the Foreign Evidence Act 1994 of the Commonwealth263
41.17Definition263
41.18Application263
41.19How application made263
41.20Directions263
41.21Notice of application263
Order 41AApplication to use audio visual link or audio link264
41A.01Application of Order264
41A.02Form of application264
41A.03Filing264
41A.04Service264
41A.05Duty of applicant264
41A.06Payment of costs264
Order 42Subpoenas265
42.01Definitions265
42.02Issuing of subpoena265
42.03Form of subpoena266
42.03.1Alteration of date for attendance or production267
42.04Setting aside or other relief268
42.05Service268
42.06Compliance with subpoena268
42.07Production otherwise than upon attendance270
42.08Removal, return, inspection, copying and disposal of documents and things270
42.09Inspection of, and dealing with, documents and things produced otherwise than on attendance270
42.10Disposal of documents and things produced272
42.11Costs and expenses of compliance273
42.12Failure to comply with subpoenacontempt of court274
42.13Documents and things in the custody of a court274
Order 42ASubpoena for production to Prothonotary276
42A.01Application276
42A.02Issuing subpoena276
42A.03Form of subpoena276
42A.04Affidavit of service276
42A.05Compliance with subpoena277
42A.06Receipt for document277
42A.07Objection by addressee or other person277
42A.08Objection by party to inspection by other party278
42A.09Procedure after objection278
42A.10Inspection of document produced278
42A.11Removal of document279
42A.12Return of document279
42A.13Production of document at trial280
42A.14Subpoena for trial not affected280
Order 43Affidavits281
43.01Form of affidavit281
43.02Affidavit by illiterate or blind person282
43.03Content of affidavit282
43.04Affidavit by two or more deponents282
43.05Alterations283
43.06Annexures and exhibits283
43.07Time for swearing284
43.08Irregularity284
43.09Filing284
Order 44Expert evidence285
44.01Definitions285
44.02Application of Order285
44.03Report of expert285
44.04Other party's report as evidence287
44.05No evidence unless disclosed in report288
44.06Conference between experts288
Order 45Originating motion289
45.01Definitions289
45.02Evidence by affidavit289
45.03Judgment where no appearance289
45.04Proceedings after appearance290
45.05Special procedure290
Order 46Applications293
46.01Application of Order293
46.02Application by summons293
46.03Notice of application293
46.04Form and filing of summons293
46.05Service294
46.05.1Day for hearing294
46.06Adjournment295
46.07Absence of party to summons295
46.08Setting aside296
Order 47Place and mode of trial297
47.01Place of trial297
47.02Mode of trial297
47.03Payment of jury fees297
47.04Separate trial of question298
47.05Judgment after determination of preliminary question299
Order 48Fixing a date for trial300
48.01Application300
48.02Fixing a date300
48.03Notice of trial300
48.04Default by plaintiff300
48.04.1Payment of setting down fees301
48.05Subsequent interlocutory steps301
48.06Vacating date for trial302
48.07Pre-trial conferences302
Order 49Trial304
49.01Order of evidence and addresses304
49.02Absence of party305
49.03Adjournment of trial306
49.04Death before judgment306
Order 50References307
50.01Reference to special referee307
50.02Directions as to procedure307
50.03Report on reference308
50.04Use of report308
50.05Committal308
50.06Remuneration of special referee309
50.07Reference to mediator309
50.07.1Mediation by Associate Judge310
50.07.2Mediation by Costs Registrars311
50.07.3Mediation by Prothonotary or Deputy Prothonotary311
50.07.4Mediation by judicial registrar312
50.08Reference to arbitration312
Order 51Assessment of damages or value314
51.01Mode of assessment314
51.02Notice to other party314
51.03Procedure on assessment314
51.04Order for damages314
51.05Default judgment against some defendants315
51.06Continuing cause of action315
51.07Value of goods315
Order 52Accounts and inquiries316
52.01Account or inquiry at any stage316
52.02Directions for account316
52.03Form and verification of account317
52.04Filing and service of account317
52.05Notice of charge, error in account317
52.06Allowances317
52.07Delay318
52.08Fund distribution before all entitled ascertained318
52.09Restrictive covenant318
Order 53Summary proceeding for recovery of land319
53.01Application of Order319
53.02Originating process319
53.03Who to be defendant319
53.04Affidavit in support319
53.05Service320
53.06Occupier made a party320
53.07Judgment for possession321
53.08Warrant of possession321
Order 54Administration of estates and execution of trusts322
54.01Definitions322
54.02Relief without general administration322
54.03Parties323
54.04Notice of proceeding and judgment324
54.05Relief in proceeding by originating motion324
54.06Judgment in administration proceeding325
54.07Conduct of sale326
Order 55Sale of land by order of Court327
55.01Definition327
55.02Power to order sale327
55.03Notice of application327
55.04Manner of sale327
55.05Certifying result of sale328
55.06Mortgage, exchange or partition329
Order 56Judicial review330
56.01Judgment or order instead of writ330
56.02Time for commencement of proceeding331
Order 57Habeas corpus332
57.01Definition332
57.02Application for writ332
57.03Order on application333
57.04Further application for writ333
57.05Service333
57.06Disobedience334
57.07Return to the writ334
57.08Person detained before Court334
57.09Other habeas corpus335
57.10Departing debtor335
Order 58Appeals from lower jurisdictions336
Part 1Appeals from the County Court336
58.01Procedure336
Part 2Appeals from an associate judge of the County Court336
58.02Appeal from associate judge of the County Court by leave336
58.03Application for leave336
58.04Hearing of appeal337
58.05Stay338
Part 3Appeals on a question of law338
58.06Application of Part338
58.07Commencement of appeal338
58.08Notice of appeal338
58.09Appellant to file affidavit339
58.10Directions340
58.11Leave to appeal341
58.12Stay341
58.13Expedition342
58.14Report342
Part 4Appeals under section 271 of, or clause13or 18 of Schedule 1 to, the Children, Youthand Families Act 2005342
58.17Application of Part342
58.18Institution of appeal342
58.19Affidavit in support343
58.20Hearing343
58.21Stay343
Part 5Appeals under section 328 of the Children, Youth and Families Act 2005344
58.22Application of Part344
58.23Definitions344
58.24Notice of appeal and undertaking to prosecute344
58.25Solicitor to notify that he or she acts344
58.26Prothonotary to fix hearing344
58.27Abandonment of appeal345
58.30Application to set aside order striking out appeal for failure toappear345
Part 7Appeals under Part 7 of the Coroners Act2008345
58.33Definitions345
58.34Commencement of appeal346
58.35Notice of appeal346
58.36Appeal out of time taken to be application for leave to appeal347
58.37Appellant to file affidavit347
58.38Certain appeals do not require directions348
58.39Directions348
58.40Expedition349
58.41Report from Coroners Court350
Order 59Judgments and orders351
59.01General relief351
59.02Date of effect351
59.03Time for compliance351
59.04Statement of reasons for judgment352
59.05Notice of judgment to non-party352
59.06Consent judgment or order by filing353
59.07Consent to judgment or order by parties not in attendance356
59.08Powers of Prothonotary356
Order 60Authentication and filing of judgments and orders358
60.01When authentication required358
60.02Mode of authentication358
60.03Drawing up of judgment or order359
60.05Recitals in judgments and orders359
60.06Drawing up and settling360
60.07Copy of judgment or order361
60.08Form of judgment or order361
60.09Interpretation361
Order 61Judgment debt instalment order362
61.01Definitions362
61.02Application under section 6 or 8362
61.03Instalment agreement under section 7364
61.04Summons for oral examination of judgment debtor365
61.05Notice of instalment order confirmed, varied or cancelled366
61.06Order for imprisonment366
61.07Certificate of payment366
61.08Notices366
Order 62Security for costs368
62.01Definitions368
62.02When security for costs may be ordered368
62.03Manner of giving security369
62.04Failure to give security369
62.05Variation or setting aside369
Order 63Costs370
Part 1Preliminary370
63.01Definitions and application370
63.01.1Taxing of costs in proceedings in County Court, Magistrates' Court and VCAT372
63.02General powers of Court372
63.03Time for costs order and payment372
63.04Costs of question or part of proceeding373
63.05By whom costs to be taxed373
63.06Officers of Court to assist each other373
63.07Taxed or other costs provision374
63.08Default judgment374
63.09Costs in other court or tribunal375
63.10No order for taxation required375
63.11Enforcement of order of Costs Court376
63.12Costs in account376
Part 2Entitlement to costs376
63.13Order for payment376
63.14Extension or abridgement of time376
63.15Discontinuance or withdrawal376
63.16Offer of compromise377
63.16.1Failure to make discovery or answer interrogatories377
63.17Amendment377
63.18Non-admission of fact or document377
63.19Interlocutory injunction377
63.20Interlocutory application378
63.20.1Taxation of costs on interlocutory application or hearing378
63.21Inquiry as to ownership of property378
63.22Costs reserved378
63.23Costs liability of lawyer378
63.24Money claim in wrong court380
63.25Other claim in wrong court381
63.26Trustee or mortgagee381
Part 3Costs of party in a proceeding382
63.27Application382
63.28Bases of taxation382
63.30Standard basis382
63.30.1Indemnity basis382
63.31Usual basis of taxation382
63.34Charges of legal practitioner383
Part 4Costs Court383
63.35Powers of Costs Court383
63.36Costs of taxation383
Part 5Procedure on taxation384
63.37Application384
63.38Summons for taxation385
63.39Filing of bill386
63.40Service of bill386
63.41Defendant not appearing386
63.42Content of bill of costs386
63.43Disbursement or fee not paid387
63.44Charge of legal practitioner for work done out of Victoria387
63.45Amendment of bill388
63.46Agreement as to part of bill388
63.47Objection to bill388
63.48Discretionary costs389
63.49Taxation where no objection389
63.50Attendance of parties390
63.51Reference to Judge of the Court390
63.52Notice to person interested in fund390
63.53Application by person liable to pay391
63.54Solicitor at fault391
63.55Cross costs392
63.56Order on taxation392
63.56.1Reconsideration of order of Costs Judge393
63.56.2Reconsideration or review by Costs Court constituted by judicial registrar394
63.56.3Costs Judge may exercise powers under Rule63.56.2396
63.56.4Review by Costs Judge of judicial registrar decisions397
63.57Review by Judge of the Court398
Part 6Costs of a solicitor400
63.58Application400
63.59Basis of taxation of costs payable by client400
63.60Taxation between solicitor and client400
63.61Basis of taxation of costs payable otherwise than by client401
63.62Contentious business401
63.63Procedure on taxation402
63.64Appointment to tax402
63.65Reference for taxation402
63.66Inclusion in bill of disbursement not made403
63.67Failure to serve bill or tax403
Part 7Allowances on taxation generally404
63.68Application404
63.70Unnecessary or careless work404
63.71Gross sum for costs404
63.72Increase or decrease of amounts in Scales405
63.73Copy documents405
63.74Folio405
63.75Service of several documents405
63.76Defendants with same solicitor405
63.77Procuring evidence406
63.78Negotiations406
63.79Conference406
63.80Retainer of counsel406
63.81Advice and other work of counsel406
63.82Hearing and trial fees407
63.83Premature brief408
63.85Bill reduced by 15 per cent408
Part 8Alternative assessment procedure408
63.86Application of this Part408
63.87Notice of estimate and filing of bill408
63.88Estimate409
63.89Withdrawal of objection409
Order 64Appeals and applications to the Court of Appeal411
64.01Definitions411
64.02Commencement of appeal by filing notice of appeal412
64.03Applications, including for leave to appeal412
64.04Contents of application for leave to appeal or notice of appeal413
64.05Time for filing application for leave to appeal or notice of appeal414
64.06Service of applications, notices of appeal and related documents415
64.07Time for service of application, including for leave to appeal, or notice of appeal416
64.08Extension of time to file or serve application, including for leave to appeal, or notice of appeal417
64.09Service on non-party419
64.10Application for leave to intervene419
64.11Documents to be filed and served in response to application, including for leave to appeal, or appeal420
64.12Amendment of application for leave to appeal or notice of appeal or written case422
64.13Further evidence in application for leave to appeal or appeal423
64.14Determination of applications424
64.15Procedure for determination of application by single Judge of Appeal424
64.16Procedure for determination of application when referred to Court of Appeal constituted by two or more Judges of Appeal426
64.17Finality of dismissal of application for leave to appeal after oral hearing426
64.18Application to set aside or vary dismissal of application for leave to appeal427
64.19Application for leave to appeal may be treated as appeal428
64.20No notice of appeal or other initiating or responding documents required if leave to appeal granted428
64.21Management of applications and appeals429
64.22Settling contents of application book and appeal book429
64.23Costs of compliance with directions430
64.24Notes for guidance431
64.25Delivery of leave application book and appeal book431
64.26Costs of leave application book and appeal book432
64.27Referral of applications to Court of Appeal432
64.28Registrar may vacate hearing date or refer for dismissal433
64.29Discontinuance of application or appeal434
64.30Cross-appeal435
64.31Cross-application for leave to appeal436
64.32Notice of contention437
64.33Notice of objection to competency of appeal or application438
64.34Effect of cross-application for leave to appeal, crossappeal and notice of contention439
64.35Time440
64.36Powers of the Court of Appeal440
64.37New trial442
64.38Costs443
64.39Stay of execution444
64.40Jurisdiction and powers exercisable by a single Judge of Appeal444
64.41Jurisdiction and powers exercisable by two Judges of Appeal445
64.42Powers of and directions given by Associate Judges and Registrar445
64.43Further powers of Registrar447
64.44Exercise of powers and functions of the Court of Appeal by Associate Judge or Registrar449
64.45Application or appeal taken to be abandoned449
64.46Dismissal for want of prosecution or non-compliance450
64.47Expedition451
Order 65453
Order 66Enforcement of judgments andorders454
66.01Definitions454
66.02Payment of money454
66.03Possession of land455
66.04Delivery of goods455
66.05Doing or abstaining from doing any act456
66.06Attendance of natural person457
66.07Attendance of corporation458
66.08Attendance before another court etc.458
66.09Contempt458
66.10Service before committal or sequestration459
66.11Substituted performance460
66.12Enforcement by or against non-party461
66.13Non-performance of condition461
66.14Matters occurring after judgment461
66.15Order in aid of enforcement461
66.16Stay of execution462
Order 67Discovery in aid of enforcement463
67.01Definitions463
67.02Order for examination or production463
67.03Corporation464
67.04Procedure464
67.05Conduct money464
67.06Record of examination464
Order 68Warrants of execution generally465
68.01Definitions465
68.02Leave to issue warrant465
68.03Separate execution for costs466
68.04Issue of warrant of execution467
68.05Duration468
68.06Costs of prior execution469
68.07Provision for enforcing payment of money469
68.08Form of warrant of execution469
Order 69Warrant of seizure and sale470
69.01Definitions470
69.02New enforcement process470
69.03Two or more warrants470
69.04Order of sale470
69.05Time, place and mode of sale471
69.06Advertisement of sale471
69.07Notional possession of goods473
Order 70Warrant of possession474
70.01Payment of money474
70.02Removal of goods on warrant of possession474
Order 71Attachment of debts475
71.01Definitions and application475
71.02What debts attachable475
71.03Bank account476
71.04Filing and service of garnishee summons477
71.05Evidence on application for garnishee summons477
71.06Garnishee summons478
71.07Service of summons479
71.08What debts attached, when and to what extent479
71.09Payment to judgment creditor480
71.10Dispute of liability by garnishee481
71.11Claim by other person481
71.12Discharge of garnishee481
71.13Money in court482
71.14Costs482
Order 72Attachment of earnings483
72.01Definitions483
72.02Application for attachment of earnings order485
72.03Making of order486
72.04Attendance of or information about judgment debtor486
72.05Contents of order488
72.06Service of order490
72.07Employer to make payments490
72.08Attachment of earnings in place of other orders491
72.09Execution after attachment of earnings492
72.10Discharge or variation of order492
72.11Cessation of attachment of earnings order492
72.12Two or more orders in force493
72.13When varied order taken to be made494
72.14Notice to judgment debtor of payments494
72.15Determination of earnings494
72.16Service495
Order 73Charging orders and stop orders and notices496
73.01Definitions496
73.02Order charging securities497
73.03Filing and service of charging summons497
73.04Evidence on application for charging summons497
73.05Charging summons498
73.06Service of summons498
73.07Effect of service of summons499
73.08Order on summons hearing499
73.09Effect and enforcement of charge500
73.10Variation or discharge of order500
73.11Order charging funds in court500
73.12Stop order for funds in court500
73.13Stop notice on corporation stock not in court501
73.14Effect of stop notice502
73.15Withdrawal or discharge of stop notice503
73.16Prohibition of transfer of or payment on stock503
Order 74Enforcement by appointment of receiver504
74.01Procedure504
74.02Appointment of receiver by way of equitable execution504
Order 75Contempt505
Part 1Interpretation505
75.01Definition505
Part 2Summary proceedings for contempt505
75.02Contempt in face of the Court505
75.03Procedure on hearing of charge506
75.04Custody pending disposal of charge506
Part 3Other procedure for contempt506
75.05Application506
75.06Procedure507
75.07Application by Prothonotary507
75.08Arrest of respondent507
75.08.1Arrest pending contempt hearing508
Part 4Committal and costs510
75.10Application510
75.11Punishment for contempt510
75.12Discharge510
75.13Warrant for committal510
75.14Costs510
Order 76Sequestration511
76.01Definitions511
76.02Enforcement by sequestration511
76.03Order for sequestration511
76.04Application512
Order 77Authority of Associate Judges513
77.01Authority513
77.02Limitations on authority515
77.03Associate Judge to hear application516
77.04Reference by Associate Judge to Judge of the Court517
77.05Reference by Judge of the Court to Associate Judge517
77.06Appeals to Trial Division constituted by Judge of the Court518
77.06.1Bringing an appeal518
77.06.2Time for notice of appeal518
77.06.3Contents of notice of appeal519
77.06.4Service of notice of appeal520
77.06.5Filing of notice of appeal and list520
77.06.6Stay521
77.06.7Cross-appeal521
77.06.8Notice of contention522
77.06.9Powers of Judge of the Court hearing appeal522
77.07Appeal to the Court of Appeal523
77.08Associate Judge may act for another524
Order 78Proceedings under judgment525
78.01Definition525
78.02Directions in judgment525
78.03Claims526
78.04Interest on debts527
78.05Interest on legacies528
78.06Account or inquiry by Associate Judge528
78.07Associate Judge's order529
78.08Appeal from Associate Judge529
Order 79Funds in Court530
Part 1Interpretation530
79.01Definitions530
Part 2General530
79.02Application of money530
79.03Money in court for person under disability531
79.04Payment into court for person under disability531
79.05Certificate of receipt532
79.06Delay532
Part 3Common funds533
79.07Investments in name of Senior Master533
79.08Transfer533
79.09Interest533
Part 4Proceeding in another court534
79.10Proceeding in another court534
Part 5Authority of the judicial registrar535
79.11References to Senior Master include other Associate Judges535
79.12Authority535
79.13Reference by Senior Master to the judicial registrar535
79.14Powers535
79.15Reference by the judicial registrar to Senior Master536
79.16Appeals536
Order 80Service under the Hague Convention538
Part 1Preliminary538
80.01Definitions538
80.02Provisions of this Order to prevail541
Part 2Service abroad of local judicial documents541
80.03Application of Part541
80.04Application for request for service abroad541
80.05How application to be dealt with543
80.06Procedure on receipt of certificate of service544
80.07Payment of costs546
80.08Evidence of service546
Part 3Default judgment following service abroad of initiating process547
80.09Application of Part547
80.10Restriction on power to enter default judgment if certificate of service filed547
80.11Restriction on power to enter default judgment if certificate of service not filed548
80.12Setting aside judgment in default of appearance549
Part 4Local service of foreign judicial documents550
80.13Application of Part550
80.14Certain documents to be referred back to the Attorney-General's Department of the Commonwealth551
80.15Service552
80.16Affidavit as to service553
Order 81Obtaining evidence for external court or tribunal555
81.01Procedure555
81.02Examiner555
81.03Conduct of examination556
81.04Attendance of non-party556
81.05Deposition and exhibits556
81.06Certificate557
Order 82Procedure under the Open Courts Act 2013558
82.01Definitions558
82.02Notice of application for suppression order558
Order 83Procedure under the Vexatious Proceedings Act 2014559
83.01Definitions559
83.02Application for leave to proceed under limited litigation restraint order559
83.03Application for leave to proceed under extended litigation restraint order559
83.04Application for leave to proceed under general litigation restraint order559
83.05Notice of application for leave to proceed560
83.06Application for leave to apply for variation or revocation of litigation restraint order560
83.07Application to vary or revoke litigation restraint order560
83.08Notice of application to vary or revoke litigation restraint order560
83.09Application for leave to appeal under Part10 of Vexatious Proceedings Act 2014561
83.10Notice of application for leave to appeal562
Order 84Authority of judicial registrars564
84.01Interpretation564
84.02Authority of judicial registrars564
84.03Reference by Judge of the Court to judicial registrar566
84.04Reference by Associate Judge to judicial registrar566
84.05Appeal from determination by a judicial registrar567
84.06Filing of notice of appeal568
84.07Contents of notice of appeal569
84.08Service of notice of appeal569
84.09Extension of time570
84.10Evidence571
84.11Appeal incompetent571
84.12Appeal does not operate as stay571
84.13Judicial registrar may act for another571
Form 4AOverarching obligations certification572
Form 4ABCertification of prior overarching obligations certification573
Form 4BProper basis certification574
Form 5AWrit575
Form 5BOriginating motion between parties578
Form 5COriginating motion between parties581
Form 5DOriginating motion582
Form 5EOriginating motion for recovery of land under Order53583
Form 5FOriginating processRedCrest586
Form 7ALetter of request for service of document594
Form 7AASubpoena to give evidence (NewZealand)595
Form 7ABSubpoena to produce documents (New Zealand)601
Form 7ACSubpoena to give evidence and produce documents (New Zealand)610
Form 7ADCertificate of non-compliance with subpoena (NewZealand)619
Form 8ANotice of appearance621
Form 8ABNotice of appearanceRedCrest622
Form 8ACNotice of conditional appearanceRedCrest624
Form 8BNotice of conditional appearance626
Form 10AHeading and notice on counterclaim where defendant new party627
Form 10BNotice of appearance to counterclaim629
Form 11AThird party notice630
Form 11BNotice by one tortfeasor claiming contribution against another633
Form 11CThird party noticeRedCrest634
Form 12ANotice of claim to goods taken in execution640
Form 15AOrder approving compromise of claim of minor641
Form 15BOrder approving compromise of claim under Part III of Wrongs Act for benefit of minor643
Form 18AANotice of consent to be a group member645
Form 18ABNotice of opting out by group member646
Form 19ANotice of a constitutional matter647
Form 28AFiling confirmation notice648
Form 29ANotice for discovery649
Form 29BAffidavit of documents650
Form 29CNotice to produce652
Form 29DNotice of default in making discovery of documents653
Form 30ANotice of default in answering interrogatories654
Form 35ANotice to admit655
Form 35BNotice of dispute656
Form 37AAFreezing order657
Form 37BASearch order665
Form 39ADeed of guarantee679
Form 41AOrder for examination within Victoria680
Form 41BOrder for examination out of Victoria681
Form 41COrder for letter of request to judicial authority out of Victoria682
Form 41DLetter of request for examination of witness683
Form 41AANotice of application for audio visual link or audio link685
Form 42ASubpoena687
Form 42BNotice to addressee and declaration692
Form 42AASubpoena for production to Prothonotary694
Form 43ACertificate identifying exhibit699
Form 44AExpert witness code of conduct700
Form 45ASummons on originating motionproceedings after appearance702
Form 45BSummons on originating motionspecial procedure703
Form 46ASummons704
Form 48ANotice of trial705
Form 48BNotice of trial706
Form 53AJudgment in summary proceeding for recovery of land707
Form 53BWarrant of possession in summary proceeding for recovery of land708
Form 57AWrit of habeas corpus709
Form 58ANotice of appeal710
Form 58BNotice of appeal and undertaking to prosecute711
Form 58DNotice of abandonment of appeal713
Form 58GApplication to set aside order striking out appeal for failure to appear714
Form 59ANotice of judgment716
Form 60AGeneral form of judgment given717
Form 60BGeneral form of judgment entered718
Form 60CGeneral form of order719
Form 60DJudgment at trial by Judge without a jury720
Form 60EJudgment at trial by Judge with a jury721
Form 60FJudgment or Order at trial of preliminary question722
Form 60GDefault judgment for debt723
Form 60HDefault judgment for recovery of land724
Form 60JInterlocutory or interlocutory and final judgment for damages in default725
Form 60KFinal judgment for damages or value in default726
Form 60LInterlocutory or interlocutory and final judgment for detention of goods in default727
Form 61AApplication for order for payment of judgment debt by instalments728
Form 61BApplication for order in substitution for order for payment of judgment debt by instalments729
Form 61CApplication to the Court for variation or cancellation of order for payment of judgment debt by instalments731
Form 61DOrder relating to payment of judgment debt by instalments733
Form 61ENotice of order or refusal of order for payment of judgment debt by instalments734
Form 61FNotice of objection735
Form 61GNotice of hearing of objection736
Form 61HNotice by Court relating to payment of judgment debt by instalments737
Form 61JInstalment agreement739
Form 61KOrder for instalment payment of judgment debt after agreement740
Form 61LNotice of order for instalment payment of judgment debt after agreement741
Form 61MSummons to attend for oral examination742
Form 61NWarrant of apprehension on disobedience to summons743
Form 61PNotice to judgment creditor of summons or warrant to judgment debtor744
Form 61QNotice by Court of confirmation, variation or cancellation of judgment debt instalment order745
Form 61RCertificate of payment746
Form 63ASummons for taxation of costs747
Form 64AApplication for leave to appeal/notice of appeal/cross-application for leave to appeal/notice of cross-appeal748
Form 64BApplication other than for leave to appeal or to cross-appeal751
Form 64CList of persons served753
Form 64DNotice of opposition to application other than for leave to appeal755
Form 64ENotice of intention not to respond or contest757
Form 64FApplication to have dismissal of application for leave set aside or varied759
Form 64GNotice of contention761
Form 64HNotice of objection to competency763
Form 68AWarrant of seizure and sale765
Form 68BWarrant of possession767
Form 68CWarrant of delivery768
Form 69AAdvertisement of sale by the sheriff770
Form 71AGarnishee summons771
Form 71BGarnishee order773
Form 71CGarnishee order774
Form 72AAttachment of earning summons775
Form 72BAffidavit in support of application for attachment of earnings order776
Form 72CJudgment debtor's statement of financial situation777
Form 72DSummons for an order to attend for examination or furnish particulars781
Form 72EAffidavit in support of summons for an order to attend for examination or furnish particulars782
Form 72FOrder that judgment debtor attend or give statement783
Form 72GOrder that person indebted to or employer of judgment debtor give statement784
Form 72HAttachment of earnings order785
Form 72JNotice to employer787
Form 72KNotice by employer that judgment debtor is not in employer's employ789
Form 72LNotice of cessation of attachment of earnings order790
Form 73ACharging summons791
Form 73BAffidavit as to stock792
Form 73CNotice as to stock793
Form 75AArrest warrant in summary proceedings for contempt in face of Supreme Court794
Form 75BArrest warrant in contempt proceedings by summons or originating motion795
Form 75BAArrest warrant pending contempt hearing796
Form 75CCommittal warrant797
Form 77ANotice of address for service798
Form 80ARequest for service abroad of judicial documents and certificate799
Form 80BSummary of the document to be served802
Form 82ANotice of application for suppression order804
Form 83AApplication for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order805
Form 83BApplication for leave to continue proceeding by person subject to extended litigation restraint order807
Form 83CApplication for leave to commence proceeding by person subject to extended litigation restraint order809
Form 83DApplication for leave to continue proceeding by person subject to general litigation restraint order811
Form 83EApplication for leave to commence proceeding by person subject to general litigation restraint order813
Form 83FNotice of application for leave to proceed815
Form 83GApplication for leave to apply to vary or revoke litigation restraint order816
Form 83HApplication to vary or revoke litigation restraint order817
Form 83INotice of application to vary or revoke litigation restraint order818
Form 83JApplication for leave to appeal on question of law819
Form 83KNotice of application for leave to appeal on a question of law821
Form 84ANotice of address for service822
Appendix ASupreme Court Scale of Costs823
Appendix BSupreme Court witnesses' expenses and interpreters' allowances831
Schedule 1Revoked Statutory Rules833
Endnotes838
RulePage
v
statutory rules 2015
S.R. No. 103/2015
Schedule 1Revoked Statutory Rules
Supreme Court (General Civil Procedure) Rules 2015
S.R. No. 103/2015
1
836
Supreme Court Act 1986
Supreme Court (General Civil Procedure) Rules 2015
The Judges of the Supreme Court make the following Rules:
Order 1PreliminaryPart 1Citation, commencement and revocation
1.01Title and object
(1)These Rules constitute Chapter I of the Rules of the Supreme Court and are entitled the Supreme Court (General Civil Procedure) Rules 2015.
(2)The object of these Rules is to re-make the general rules of procedure in civil proceedings to constitute a new Chapter I of the Rules of the Supreme Court.
1.02Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
1.03Commencement and revocation
(1)These Rules come into operation on 23 November 2015.
(2)The Rules listed in Schedule 1 are revoked.
Part 2Application of Rules
1.04Definitions
In this Part
commencement date means 23 November 2015;
former Rules means the Supreme Court (GeneralCivil Procedure) Rules 2005;
pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied.
1.05Application
(1)Subject to this Rule and to any transitional or other provision in these Rules to the contrary, these Rules apply to every civil proceeding commenced in the Court whether before, on or after the commencement date.
(2)These Rules do not apply to a civil proceeding to which any other Chapter of the Rules of the Supreme Court applies except as that Chapter provides.
(3)The revocation of the former Rules does not affect anything done or omitted to be done in a pending proceeding and, except as provided in this Part, anything so done or omitted is taken to have been done or omitted under these Rules.
1.06Jurisdiction not affected
Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement date.
1.071.11*****
1.12Order to review
(1)Unless the Court otherwise orders, subject to paragraph (2), these Rules apply, with any necessary modification, to an order for review under the Administrative Law Act 1978.
(2)A proceeding of a kind referred to in paragraph(1) shall not be commenced by writ or originating motion.
Part 3Interpretation
1.13Definitions
(1)In these Rules, unless the context or subject matter otherwise requires
Act includes any Act passed by the Parliament of the Commonwealth;
Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
bodily injury includes any impairment of mental condition or disease;
Convention, other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;
Convention country, other than in Order 80, means a foreign country to which a Convention applies;
corporation means any body corporate, whether formed within or out of Victoria;
defendant includes respondent;
discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination, and make discovery of documents means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;
judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
officer, in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;
order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
originating process means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;
pleading includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;
proceeding means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;
Prothonotary, in relation to a proceeding commenced in an office of the Court outside Melbourne, means the Deputy Prothonotary at that office;
question means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;
RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time;
Registrar means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;
sheriff includes
(a)the sheriff employed under section 6 of the Sheriff Act 2009; and
(b)any person to whom a warrant referred to in these Rules is directed;
the Act means the Supreme Court Act 1986.
(2)In these Rules, unless the context or subject matter otherwise requires
(a)a reference to a Judge of the Court is a reference to the Court constituted by a Judge of the Court;
(b)a reference to an Associate Judge is a reference to the Court constituted by an Associate Judge;
(c)a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;
(d)a reference to the Costs Court is a reference to
(i)the Costs Court constituted by a Costs Judge or by a judicial registrar; and
(ii)the exercise of a power of the Costs Court by a judicial registrar, Costs Registrar or a Deputy Costs Registrar.
(3)Where these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.
Part 4Miscellaneous
1.14Exercise of power
(1)In exercising any power under these Rules the Court
(a)shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined;
(b)may give any direction or impose any term or condition it thinks fit.
(2)The Court may exercise any power under these Rules
(a)of its own motion; or
(b)on the application of a party or of any person who has a sufficient interest.
1.14.1Exercise of powers of Registrar by Associate Judge
Any Associate Judge may exercise any power or authority conferred on the Registrar by or under these Rules.
1.15Procedure wanting or in doubt
(1)Where the manner or form of the procedure
(a)for commencing, or for taking any step, in a proceeding; or
(b)by which the jurisdiction, power or authority of the Court is exercisable
is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions.
(2)An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.
(3)An application for directions with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.
1.16Act by corporation
Where the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.
1.17Corporation a party
(1)Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, shall not take any step in a proceeding save by a solicitor.
(2)If a corporation a party to a proceeding in the Court changes its name it shall
(a)file written notice of the change of name with the Prothonotary; and
(b)serve a copy of that notice on all other parties to the proceeding.
(3)The notice shall
(a)bear the title of the proceeding showing the name of the corporation before the change; and
(b)specify the new name of the corporation and the date on which the name was changed.
(4)After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".
1.18Power to act by solicitor
Unless the context or subject matter otherwise requires, any act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's solicitor.
1.19Continuation of address for service
Subject to these Rules, where in relation to a proceeding a party has an address for service under these Rules, that is the address for service of the party until the conclusion of the proceeding, whether at first instance or on appeal.
Order 2Non-compliance with the Rules
2.01Effect of non-compliance
(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or any step taken, or any document, judgment or order in the proceeding, a nullity.
(2)Subject to Rules 2.02 and 2.03, where there has been a failure to comply with these Rules, the Court may
(a)set aside the proceeding, either wholly or in part;
(b)set aside any step taken in the proceeding, or any document, judgment or order in the proceeding;
(c)exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.
2.02Originating process
The Court shall not wholly set aside any proceeding or the originating process by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process.
2.03Application to set aside for irregularity
The Court shall not set aside any proceeding or any step taken in any proceeding or any document, judgment or order in any proceeding on the ground of a failure to which Rule 2.01 applies on the application of any party unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.
2.04Dispensing with compliance
(1)The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
(2)Without limiting paragraph (1), the Registrar may dispense with compliance with any of the requirements of Order 64, either before or after the occasion for compliance arises.
Order 3Time, sittings and Court office
3.01Calculating time
(1)Any period of time fixed by these Rules or by any judgment or order or by any document in any proceeding shall be calculated in accordance with this Rule.
(2)Where a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded.
(3)Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.
(4)Where a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded.
(5)Where the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open.
3.02Extension and abridgement
(1)The Court may extend or abridge any time fixed by these Rules or by any order fixing, extending or abridging time.
(2)The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.
(3)Unless the Court otherwise orders, any time fixed by these Rules or by any order fixing, extending or abridging time may be extended by consent without an order of the Court.
3.03Fixing time
Where no time is fixed by these Rules or by any judgment or order for doing any act in a proceeding, the Court may fix a time.
3.04Process in vacation
(1)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders.
(2)Where the Court makes an order under paragraph(1), the party on whose application the order was made shall serve a copy of the order
(a)in the case of an order with respect to the time for appearance to originating process, with the originating process;
(b)in any other case, on every other party forthwith.
3.05Time for service
(1)In this Rule document does not include originating process.
(2)In calculating the time fixed by these Rules or by any order fixing, extending or abridging time any document which is served after 4.00 p.m. or on any day the office of the Court is closed shall be taken to have been served on the next day the office is open.
3.06Proceedings after a year
Where a year or more has elapsed since any party has taken any step in a proceeding, any party desiring the proceeding to continue shall give to every other party not less than one month's notice in writing of that party's desire.
3.07Sittings and vacation
The sittings and vacations of the Court shall be held at such times as the Judges of the Court shall direct.
3.08Office
The office of the Court shall be open on every day of the year except
(a)Saturdays and Sundays;
(b)the Tuesday following Easter; and
(c)every day duly appointed as a general public holiday.
3.09Office hours
The hours of the office of the Court are from 9.30a.m. to 4.00 p.m.
Order 4Process in the CourtPart 1General
4.01How proceeding commenced
Except where otherwise provided by or under any Act or these Rules a proceeding in the Court shall be commenced by writ or by originating motion.
4.02Interlocutory application
An interlocutory or other application in a proceeding made on notice to any person shall be by summons.
4.03Names of parties
(1)Except as provided by this Rule, a person who commences a proceeding shall be called a plaintiff and a person against whom a proceeding is commenced shall be called a defendant.
(2)A person who commences a proceeding under Rule 32.03, 32.05, 37.02 or 75.06(3) shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent.
(3)A person who commences a proceeding referred to in Rule 1.12 shall be called an applicant and the person against whom the proceeding is commenced shall be called a respondent.
(4)A person who appeals shall be called an appellant and any other party to the appeal shall be called a respondent.
(5)Where any appellant or respondent on an appeal is a party to a proceeding, the appellant or respondent shall be so identified in any document in the appeal by the expression "(Plaintiff)", "(Defendant)", "(Applicant)" or other description of party after the word "Appellant" or "Respondent" in the title of the document.
4.04When writ required
(1)Except as provided by Rules 1.12, 4.05 and 4.06 and Order 58, every proceeding shall be commenced by writ.
(2)For the purposes of these Rules, an originating process filed or to be filed in RedCrest which contains an indorsement of claim in accordance with Rule 5.04(2) is deemed to be a writ.
4.05When originating motion required
(1)A proceeding shall be commenced by originating motion
(a)where there is no defendant to the proceeding;
(b)where by or under any Act an application is authorised to be made to the Court; or
(c)where required by these Rules.
(2)For the purposes of these Rules, an originating process filed or to be filed in RedCrest which does not contain an indorsement of claim in accordance with Rule 5.04(2) but contains an indorsement in accordance with Rule 5.05 is deemed to be an originating motion.
4.06Optional commencement by originating motion
A proceeding may be commenced by originating motion where
(a)it is unlikely that there will be any substantial dispute of fact; and
(b)for that reason it is appropriate that there be no pleadings or discovery.
4.07Continuance as writ of proceeding by originating motion
(1)Where a proceeding in which there is a defendant is commenced by originating motion, but ought by or under any Act or these Rules to have been commenced by writ, or might in the opinion of the Court more conveniently continue as if commenced by writ
(a)the Court may order that the proceeding continue as if it had been commenced by writ and may, in particular, order that any affidavits already filed in the proceeding shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof or that pleadings be served between the parties, and that the parties have discovery of each other; and
(b)by virtue of that order, the proceeding shall be taken to have been duly commenced for all purposes on the day the originating motion was filed.
(2)Any reference in these Rules to a proceeding commenced by writ shall, unless the context otherwise requires, be taken to include a reference to a proceeding in respect of which an order has been made under paragraph (1).
4.08Urgent case
In an urgent case, on the application of a person who intends to commence a proceeding and upon that person's undertaking to commence the proceeding within such time as the Court directs, the Court may make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding.
Part 2Certification requirements for proceedings
4.09Overarching obligations certification
For the purposes of section 41(2) of the Civil Procedure Act 2010, the overarching obligations certification shall be in Form 4A.
4.09.1Certification of prior overarching obligations certification
(1)For the purposes of section 41(5)(a)(i) of the Civil Procedure Act 2010, the specified period is the period of two years prior to the date of the certification under section 41(5)(b) of that Act.
(2)For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act shall be in Form 4AB.
4.10Proper basis certification
(1)For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of judgments are exempt from the proper basis certification requirements under the Civil Procedure Act 2010.
(2)For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification shall be in Form 4B.
Order 5Content, filing and duration of originating process
5.01Definitions
In this Order
originating process means writ, originating motion or other process by which a proceeding is commenced;
writ does not include writ of habeas corpus.
5.02Form of originating process
(1)A writ shall be in Form 5A.
(2)An originating motion shall be in Form 5B, 5C, 5D or 5E, whichever is appropriate.
(3)An originating process filed or to be filed in RedCrest shall be in Form 5F.
5.03Appearance
(1)A writ and, unless there is no defendant, an originating motion shall be indorsed with a statement to the effect that, if the defendant does not file an appearance within the time stated in the originating process, the plaintiff may obtain judgment against the defendant without further notice.
(2)Except as provided in paragraph (3), the time for appearance to be stated in the originating process shall be as provided by Rule 8.04.
(3)An originating motion under Order 53 which names a defendant shall state that the defendant may file an appearance on or before the day specified in the originating motion for application to the Associate Judge.
5.04Indorsement of claim on writ
(1)A writ shall contain an indorsement of claim.
(2)The indorsement of claim shall be
(a)a statement of claim; or
(b)a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause thereof and of the relief or remedy sought in the proceeding.
(3)An indorsement of claim on a writ shall constitute a statement of claim if, but only if, it is headed "Statement of Claim".
5.05Indorsement of claim on motion
An originating motion shall specify
(a)the relief or remedy sought and the Act, if any, under which the claim is made; and
(b)where it includes any question to be answered, the question shall be stated.
5.06Indorsement as to capacity
Where a party sues or is sued in a representative capacity, the originating process shall be indorsed with a statement showing that capacity.
5.07Address of parties
(1)An originating process shall be indorsed with
(a)the address of the plaintiff, and, where the plaintiff sues in person and that address is outside Victoria, also an address within Victoria for service in accordance with Rule6.06;
(b)the address of any defendant;
(c)where the plaintiff sues by a solicitor, the name or firm and the business address within Victoria of the solicitor and also, if the solicitor is the agent of another, the name or firm and the business address of the principal.
(2)Where any originating process is indorsed with the name of a solicitor
(a)the solicitor shall, on request in writing by a defendant, declare in writing whether the originating process was filed by the solicitor; and
(b)if the solicitor declares in writing that the originating process was not filed by the solicitor, the Court may stay the proceeding.
5.08Place and mode of trial
(1)A writ shall be indorsed with a statement of the place and mode of trial desired.
(2)If the writ is not indorsed with a statement as to the place of trial, the plaintiff shall be taken to desire trial in Melbourne, and, if the writ is not indorsed with a statement as to the mode of trial, the plaintiff shall be taken to desire trial without a jury.
(3)The plaintiff may indorse an originating motion with a statement of the place of trial desired, and, if the originating motion is not so indorsed, the plaintiff shall be taken to desire trial in Melbourne.
5.09Stay on payment of costs
(1)Where in a proceeding commenced by writ the plaintiff claims a debt only, the writ shall be indorsed with
(a)a statement of the amount of the debt and the amount claimed for costs; and
(b)a statement that the proceeding will come to an end if, within the time limited for filing an appearance, the defendant pays the amounts so claimed to the plaintiff or the plaintiff's solicitor.
(2)Where a writ is indorsed in accordance with paragraph (1), and the defendant pays the amountsclaimed within the time limited for filing an appearance, then, except as provided by paragraph(3), the proceeding shall come to an end.
(3)The defendant may, notwithstanding the payment, have the costs taxed, and, if more than one-sixth shall be disallowed, the plaintiff 's solicitor shall pay the costs of taxation.
5.10Petition
A petition shall include at the end
(a)a statement of the person intended to be served, if any; or
(b)if no person is intended to be served, a statement to that effect.
5.11Filing of originating process
(1)A proceeding shall be commenced by filing the originating process.
(1.1)An originating process is filed
(a)when the Prothonotary receives the originating process and seals and dates it; or
(b)in the case of an originating process retrievedelectronically by the Prothonotary pursuant to Part2 of Order28, when it is taken to be accepted for filing under Rule28.10(3) or (4); or
(c)in the case of a proceeding to which Order28A applies, when the originating process has been dealt with in accordance with Rule 28A.04.
(2)Subject to Rule 28A.08 (in the case of an originating process filed in RedCrest), the originating process filed shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person, but need not be signed by the Prothonotary.
(3)Subject to Rule 28.12, upon an originating process being filed or at any later time, the Prothonotary, on the request of the plaintiff, shall seal a sufficient number of copies of the originating process for service.
(3.1)Paragraph (3) does not apply to an originating process filed in RedCrest.
(4)Subject to paragraph(4.1), in a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act
(a)a copy of the instrument or, where it exceeds 25pages, of the relevant parts shall be lodged with the Prothonotary at the time the originating motion is filed; and
(b)if the originating motion is filed electronically pursuant to Part 2 of Order 28, that Part (with any necessary modification) shall apply for the purpose of lodging the copy.
(4.1)In a proceeding commenced by originating motion filed in RedCrest, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, if it exceeds 25 pages, of the relevant parts shall be filed in RedCrest together with the originating motion.
(5)If the Prothonotary's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be lodged in the Prothonotary's office on the day the office is next open, or, where appropriate, undertakes that it will be uploaded into RedCrest when it is next possible to do so
(a)the Court may initial the originating process and such number of copies as are required for service; and
(b)upon such initialling the originating process shall be taken to have been filed.
5.12Duration and renewal of originating process
(1)A writ or an originating motion shall be valid for service for one year after the day it is filed.
(2)Where a writ or originating motion has not been served on a defendant, the Court may, from time to time, by order extend the period of validity for such period from the day of the order as the Court directs, being not more than one year from that day.
(3)An order may be made under paragraph (2) before or after expiry.
(4)The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard, the Court shall
(a)adjourn the further hearing; and
(b)direct the plaintiff to give notice to the defendant by summons or otherwise.
(5)Where an order is made under paragraph (2), theProthonotary shall stamp any sealed copy originating process for service with the date of the order and the extended date of validity.
Order 6Service
6.01When personal service necessary
Any document required or permitted to be served in a proceeding may be served personally, but unless personal service is required by these Rules or by order, need not be served personally.
6.02Personal service of originating process
(1)Except where otherwise provided by or under any Act or these Rules, originating process shall be served personally on each defendant.
(2)Where a defendant to any originating process files an unconditional appearance, the originating process shall be taken to have been served on the defendant personally on the day on which the appearance is filed or on such earlier day as may be proved.
6.03How personal service effected
(1)Personal service of a document is effected by
(a)leaving a copy of the document with the person to be served; or
(b)if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document.
(2)Subject to paragraph (2.1), in the case of originating process, the copy for service shall be sealed in accordance with Rule5.11 and in the case of originating process filed electronically in accordance with Part 2 of Order 28, shall have attached to it a copy of the filing confirmation notice.
(2.1)In the case of originating process filed in RedCrest under Order 28A, the copy for service shall be a copy of the originating process as sealed in accordance with Rule28A.07.
(3)To effect personal service it shall not be necessary to show the original document.
6.04Service on particular defendants
Personal service of a document may be effected by serving the document in accordance with Rule6.03, in the case of
(a)a corporation
(i)on the mayor, chairman, president or other head officer of the corporation; or
(ii)on the town clerk, clerk, treasurer, manager, secretary or other similar officer of the corporation;
(b)a minor, on a parent or guardian of the minor, and, if there is none, on the person with whom the minor resides or in whose care the minor is;
(c)a handicapped person as defined in Rule15.01, on
(i)the person who, in accordance with Rule 15.03(2), would be entitled to be litigation guardian in any proceeding to which the handicapped person was party; or
(ii)if there is no such person, the person with whom the handicapped person resides or in whose care the handicapped person is;
(d)the Crown in right of the Commonwealth or the Commonwealth, on the Attorney-General of the Commonwealth or upon a person appointed by the Attorney-General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth;
(e)the Crown in right of Victoria or the State of Victoria, on the Victorian Governm