SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005

Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005

S.R. No. 148/2005
Version incorporating amendments as at 1 November 2009

TABLE OF PROVISIONS

Rule Page
ORDER 1-PRELIMINARY

PART 1-CITATION, COMMENCEMENT AND REVOCATION

1.01. Title and object
1.02. Authorising provisions
1.03. Commencement and revocation

PART 2-APPLICATION OF RULES

1.04. Definitions
1.05. Application
1.06. Jurisdiction not affected
1.12. Order to review

PART 3-INTERPRETATION

1.13. Definitions

PART 4-MISCELLANEOUS

1.14. Exercise of power
1.15. Procedure wanting or in doubt
1.16. Act by corporation
1.17. Corporation a party
1.18. Power to act by solicitor
1.19. Continuation of address for service
ORDER 2-NON-COMPLIANCE WITH THE RULES
2.01. Effect of non-compliance
2.02. Originating process
2.03. Application to set aside for irregularity
2.04. Dispensing with compliance
ORDER 3-TIME, SITTINGS AND COURT OFFICE
3.01. Calculating time
3.02. Extension and abridgement
3.03. Fixing time
3.04. Process in vacation
3.05. Time for service
3.06. Proceedings after a year
3.07. Sittings and vacation
3.08. Office
3.09. Office hours
ORDER 4-PROCESS IN THE COURT
4.01. How proceeding commenced
4.02. Interlocutory application
4.03. Names of parties
4.04. When writ required
4.05. When originating motion required
4.06. Optional commencement by originating motion
4.07. Continuance as writ of proceeding by originating motion
4.08. Urgent case
ORDER 5-CONTENT, FILING AND DURATION OF ORIGINATING PROCESS
5.01. Definitions
5.02. Form of originating process
5.03. Appearance
5.04. Indorsement of claim on writ
5.05. Indorsement of claim on motion
5.06. Indorsement as to capacity
5.07. Address of parties
5.08. Place and mode of trial
5.09. Stay on payment of costs
5.10. Petition
5.11. Filing of originating process
5.12. Duration and renewal of originating process
ORDER 6-SERVICE
6.01. When personal service necessary
6.02. Personal service of originating process
6.03. How personal service effected
6.04. Service on particular defendants
6.05. Motor car death or bodily injury
6.06. Address for service
6.06. 1. Solicitor changing address
6.07. How ordinary service effected
6.08. Identity of person served
6.09. Acceptance of service by solicitor
6.10. Substituted service
6.11. Confirmation of informal service
6.12. Service by filing
6.13. Service on agent
6.14. Service under contract
6.15. Recovery of vacant land
6.16. Service of notice by the Court
6.17. Affidavit of service
ORDER 7-SERVICE OUT OF AUSTRALIA

PART 1-WHEN SERVICE OUT IS ALLOWED

7.01. For what claims
7.02. Indorsement on originating process
7.03. Mode of service out of Australia
7.04. Leave to proceed where no appearance
7.05. Stay, setting aside service etc.
7.06. Service of other process by leave
7.07. Service of counterclaim or third party notice
7.08. Application for leave

PART 2-SERVICE IN FOREIGN COUNTRY

7.09. Application
7.10. Documents required
7.11. Translation
7.12. Request and undertaking
7.13. Procedure on lodgment and filing
7.14. Evidence of service
7.15. Order for payment of expenses
ORDER 8-APPEARANCE
8.01. Application
8.02. Appearance before taking step
8.03. Who to file appearance
8.04. Time for appearance
8.05. Mode of filing appearance
8.06. Address for service of defendant
8.07. Late appearance
8.08. Conditional appearance
8.09. Setting aside writ or originating motion
ORDER 9-JOINDER OF CLAIMS AND PARTIES
9.01. Joinder of claims
9.02. Permissive joinder of parties
9.03. Joinder of necessary parties
9.04. Joinder inconvenient
9.05. Effect of misjoinder or non-joinder of party
9.06. Addition, removal, substitution of party
9.07. Procedure for addition of party
9.08. Defendant dead at commencement of proceeding
9.09. Change of party on death, bankruptcy
9.10. Failure to proceed after death of party
9.11. Amendment of proceedings after change of party
9.12. Consolidation or trial together
9.13. Conduct of proceeding
ORDER 10-COUNTERCLAIM
10.01. Application of Order
10.02. When counterclaim allowed
10.03. Counterclaim against plaintiff and another person
10.04. Procedure after counterclaim against another person
10.05. Trial of counterclaim
10.06. Counterclaim inconvenient
10.07. Stay of claim
10.08. Counterclaim on stay etc., of original proceeding
10.09. Judgment for balance
ORDER 11-THIRD PARTY PROCEDURE
11.01. Claim by third party notice
11.02. Statement of claim on third party notice
11.03. Time for appearance
11.04. Filing and service of third party notice
11.05. Time for third party notice
11.06. Leave to file third party notice
11.07. Other requirements for service
11.08. Appearance by third party
11.09. Defence of third party
11.10. Counterclaim by third party
11.11. Default by third party
11.12. Discovery and trial
11.13. Third party directions
11.14. Judgment between defendant and third party
11.15. Claim against another party
11.16. Fourth and subsequent parties
11.17. Counterclaim
ORDER 12-INTERPLEADER
12.01. Definitions
12.02. Stakeholder's interpleader
12.03. Sheriff's interpleader
12.04. Sheriff's summons to state claim
12.05. Notice to execution creditor
12.06. Admission of claim
12.07. Interpleader summons
12.08. Powers of Court
12.09. Default by claimant
12.10. Neutrality of applicant
12.11. Order in several proceedings
12.12. Trial of interpleader question
ORDER 13-PLEADINGS
13.01. Formal requirements
13.02. Content of pleading
13.03. Document or conversation
13.04. Fact presumed true
13.05. Condition precedent
13.06. Implied contract or relation
13.07. Matter which must be pleaded
13.08. Subsequent fact
13.09. Inconsistent pleading
13.10. Particulars of pleading
13.11. Order for particulars
13.12. Admission and denials
13.13. Denial by joinder of issue
13.14. Money claim as defence
13.15. Counterclaim
ORDER 14-SERVICE OF PLEADINGS
14.01. Statement of claim indorsed on writ
14.02. Statement of claim not indorsed on writ
14.03. Alteration of claim as indorsed on writ
14.04. Service of defence
14.05. Reply
14.06. Pleading after reply
14.07. Defence to counterclaim
14.08. Close of pleadings
14.09. Order as to pleadings
14.10. Filing of pleadings
ORDER 15-PERSON UNDER DISABILITY
15.01. Definitions
15.02. Litigation guardian of person under disability
15.03. Appointment of litigation guardian
15.04. No appearance by person under disability
15.05. Application to discharge or vary certain orders
15.06. Pleading admission by person under disability
15.07. Discovery
15.08. Compromise of claim by a person under disability
15.09. Execution against money in court
15.10. Counterclaim and claim by third party notice
ORDER 16-EXECUTORS, ADMINISTRATORS AND
TRUSTEES
16.01. Representation of unascertained persons
16.02. Beneficiaries
16.03. Deceased person

ORDER 17-PARTNERS AND SOLE PROPRIETORS

17.01. Partners
17.02. Disclosure of partners
17.03. Service of originating process
17.04. Appearance by partners
17.05. No appearance except by partners
17.06. Appearance under objection of person sued as partner
17.07. Enforcement of judgment
17.08. Enforcement between partners
17.09. Attachment of debts
17.10. Person using the business name
17.11. Charge on partner's interest
ORDER 18-REPRESENTATIVE PROCEEDING
18.01. Application
18.02. Proceeding by or against representative
18.03. Order for representation by defendant
18.04. Effect of judgment
ORDER 18A-GROUP PROCEEDING
18A.01. Application
18A.02. Consent to be group member
18A.03. Commencement of group proceeding
18A.04. Opting out
18A.05. Order involving notice
ORDER 19-NOTICE OF CONSTITUTIONAL MATTER
19.01. Definitions
19.02. Notice
19.03. Filing and service
ORDER 20-CHANGE OF SOLICITOR
20.01. Notice of change
20.02. Party appointing solicitor
20.03. Solicitor ceasing to act
20.04. Removal of solicitor from record
20.05. Address for service
20.06. Death, retirement etc., of Victorian Government
Solicitor etc.
ORDER 21-JUDGMENT IN DEFAULT OF APPEARANCE
OR PLEADING
21.01. Default of appearance
21.02. Default of defence
21.03. Judgment for recovery of debt, damages or property
21.04. Judgment other than for recovery of debt, damages or property
21.05. Proceeding continued against other defendants
21.06. Default of defence to counterclaim
21.07. Setting aside judgment
ORDER 22-SUMMARY JUDGMENT FOR PLAINTIFF
22.01. Scope of Order
22.02. Application for judgment
22.03. Affidavit in support
22.04. Defendant to show cause
22.05. Affidavit in reply
22.06. Hearing of application
22.07. Cross-examination on affidavit
22.08. Judgment on counterclaim
22.09. Assessment of damages
22.10. Judgment where debt amount unascertained
22.11. Directions
22.12. Continuing for other claim or against other defendant
22.13. Judgment for delivery up of chattel
22.14. Relief against forfeiture
22.15. Setting aside judgment
ORDER 23-SUMMARY STAY OR DISMISSAL OF CLAIM
AND STRIKING OUT PLEADING
23.01. Stay or judgment in proceeding
23.02. Striking out pleading
23.03. Summary judgment for defendant
23.04. Affidavit evidence
23.05. Declaratory judgment
ORDER 24-JUDGMENT ON FAILURE TO PROSECUTE OR OBEY ORDER FOR PARTICULARS OR DISCOVERY
24.01. Judgment on dismissal
24.02. Failure to obey order
24.03. Stay on non-payment of costs
24.04. Counterclaim and third party claim
24.05. Inherent jurisdiction
24.06. Setting aside judgment
ORDER 25-DISCONTINUANCE AND WITHDRAWAL
25.01. Withdrawal of appearance
25.02. Discontinuance or withdrawal of proceeding or claim
25.03. Proceeding not commenced by writ
25.04. Notice of discontinuance or withdrawal
25.05. Costs
25.06. Discontinuance or withdrawal no defence
25.07. Stay on non-payment of costs
ORDER 26-OFFER OF COMPROMISE AND OFFERS TO COMPROMISE ON APPEAL

PART 1-INTERPRETATION

26.01. Definitions

PART 2-OFFER OF COMPROMISE

26.02. Application
26.03. Time for making, accepting etc. offer
26.03. 1. Time for payment
26.04. Effect of offer
26.05. Disclosure of offer to Court
26.06. Party under disability
26.07. Failure to comply with accepted offer
26.08. Costs consequences of failure to accept
26.09. Multiple defendants
26.10. Offer to contribute
26.11. Transitional

PART 3-OFFER TO COMPROMISE ON APPEAL

26.12. Appeal to Court of Appeal
ORDER 27-CONTENT AND FORM OF COURT
DOCUMENTS
27.01. Conformity with Rules
27.02. Heading and title of document
27.03. Form of document
27.04. Numbers
27.05. Copies on request
27.06. Prothonotary refusing to seal or accept document
27.07. Scandalous matter
ORDER 28-FILING AND SEALING OF COURT
DOCUMENTS

PART 1-GENERAL

28.01. How document filed
28.02. Proceedings commenced outside Melbourne
28.03. Date of filing
28.04. Seal of Court
28.05. Inspection of documents
28.06. Production of Court document

PART 2-ELECTRONIC FILING

28.07. Application of Part
28.08. Definitions
28.09. Authorised provider may make documents available
28.10. Prothonotary may accept a document for filing
28.11. Prothonotary may reject a document
28.12. Authorised user may make copies
28.13. Documents that may not be filed electronically
28.14. Evidence of filing
28.15. Production of original document
28.16. Retention of original documents
28.17. Authorised provider
ORDER 29-DISCOVERY AND INSPECTION OF
DOCUMENTS
29.01. Application and definition
29.02. Notice for discovery
29.03. Discovery after notice
29.04. Affidavit of documents
29.05. Order limiting discovery
29.06. Co-defendants and third party
29.07. Order for discovery
29.08. Order for particular discovery
29.09. Inspection of documents referred to in affidavit of
documents
29.10. Inspection of documents referred to in pleadings and affidavits
29.11. Order for discovery
29.12. Direction as to documents
29.12. 1. Default notice
29.13. Inspection of document by Court
29.14. Default on discovery
29.15. Continuing obligation to make discovery
29.16. Discovery after directions
ORDER 30-INTERROGATORIES
30.01. Definitions
30.02. When interrogatories allowed
30.03. Statement as to who to answer
30.04. Filing interrogatories and time for answers
30.05. Source for answers to interrogatories
30.06. How interrogatories to be answered
30.07. Ground of objection to answer
30.08. Who to answer interrogatories
30.09. Failure to answer interrogatories
30.09. 1. Default notice
30.10. Non-compliance with order
30.11. Answers as evidence
30.12. Interrogatories after directions
ORDER 31-DISCOVERY BY ORAL EXAMINATION
31.01. Definitions
31.02. When available
31.03. Party a corporation
31.04. How consent given
31.05. Effect of consent
31.06. Appointment of examiner
31.07. Attendance on examination
31.08. Party a corporation
31.09. Powers of examiner
31.10. Record of examination
31.11. How party to be examined
31.12. Procedure on objection to question
31.13. Order to answer question
31.14. Costs

ORDER 32-PRELIMINARY DISCOVERY AND DISCOVERY FROM NON-PARTY

32.01. Definitions
32.02. Privilege
32.03. Discovery to identify a defendant
32.04. Party an applicant
32.05. Discovery from prospective defendant
32.06. Party an applicant

32.07. Discovery from non-party

32.08. Procedure
32.09. Inspection of documents
32.10. Directions as to documents
32.11. Costs
ORDER 33-MEDICAL EXAMINATION AND SERVICE OF HOSPITAL AND MEDICAL REPORTS
33.01. Application
33.02. Counterclaim
33.03. Definitions
33.04. Notice for examination
33.05. Expenses
33.06. Report of examination of plaintiff
33.07. Service of reports by plaintiff
33.08. Service of reports by defendant
33.08. 1. Other medical reports to be served
33.09. Opinion on liability
33.10. Material for Court
33.11. Medical report admissible
33.12. No evidence unless disclosed in report
ORDER 34-DIRECTIONS
34.01. Powers of Court
34.02. Nature of directions
34.03. Admissions and agreements
34.04. Duty to obtain directions
ORDER 35-ADMISSIONS
35.01. Definition
35.02. Voluntary admission of facts
35.03. Notice for admission of facts
35.04. Judgment on admissions
35.05. Notice for admission of documents
35.06. Cost of non-admission of fact or document
35.07. Restrictive effect of admission
35.08. Notice to produce documents
ORDER 36-AMENDMENT
36.01. General
36.02. Failure to amend within time limited
36.03. Amendment of pleading
36.04. Disallowance of pleading amendment
36.05. How pleading amendment made
36.06. Pleading to an amended pleading
36.07. Amendment of judgment or order
ORDER 37-INSPECTION, DETENTION AND PRESERVATION OF PROPERTY
37.01. Inspection, detention etc. of property
37.02. Inspection from prospective defendant
37.03. Procedure
37.04. Disposal of perishable property
37.05. Payment into Court in discharge of lien
37.06. Interim distribution of property or income
37.07. Jurisdiction of Court not affected
ORDER 37A-FREEZING ORDERS
37A.01. Definitions
37A.02. Freezing order
37A.03. Ancillary order
37A.04. Respondent need not be party to proceeding
37A.05. Order against judgment debtor or prospective judgment debtor or third party
37A.06. Jurisdiction of Court not limited
37A.07. Service
37A.08. Costs
37A.09. Application to be heard by Judge of the Court
ORDER 37B-SEARCH ORDERS
37B.01. Definitions
37B.02. Search order
37B.03. Requirements for grant of search order
37B.04. Jurisdiction of Court not limited
37B.05. Terms of search order
37B.06. Independent solicitors
37B.07. Costs
37B.08. Service
37B.09. Application to be heard by Judge of the Court
ORDER 38-INJUNCTIONS
38.01. When Court may grant
38.02. Application before trial

38.03. Costs and expenses of non-party

38.04. Ouster of office
ORDER 39-RECEIVERS
39.01. Application and definitions
39.02. Appointment of receiver
39.03. Service of order
39.04. Consent of receiver
39.05. Security by receiver
39.06. Remuneration of receiver
39.07. Receiver's accounts
39.08. Default by receiver
39.09. Directions to receivers
ORDER 40-EVIDENCE GENERALLY
40.01. Definition
40.02. Evidence of witness
40.03. Contrary direction as to evidence
40.04. Examination on affidavit
40.05. Evidence of particular facts
40.06. Revocation or variation of order
40.07. Deposition as evidence
40.08. Proof of Court documents
40.09. Evidence of consent
40.10. Defamation
40.11. Subsequent use of evidence at trial
40.12. Attendance and production
40.13. View
ORDER 41-EVIDENCE BEFORE TRIAL

PART 1-EVIDENCE BY DEPOSITION

41.01. Order for witness examination
41.02. Documents for examiner
41.03. Appointment for examination
41.04. Conduct of examination
41.05. Examination of additional persons
41.06. Objection
41.07. Taking of depositions
41.08. Authentication and filing
41.08. 1. Confidentiality of deposition
41.09. Report of examiner
41.10. Default of witness
41.11. Witness allowance
41.12. Perpetuation of testimony
41.13. Letter of request
41.14. Translation
41.15. Undertaking
41.16. Order for payment of expenses

PART 2-APPLICATIONS FOR TAKING EVIDENCE
ABROAD UNDER PART 2 OF THE FOREIGN EVIDENCE
ACT 1994 OF THE COMMONWEALTH

41.17. Definition
41.18. Application
41.19. How application made
41.20. Directions
41.21. Notice of application
ORDER 41A-APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958.
41A.01. Application of Order
41A.02. Form of application
41A.03. Filing
41A.04. Service
41A.05. Duty of applicant
41A.06. Payment of costs
ORDER 42-SUBPOENAS
42.01. Definitions
42.02. Issuing of subpoena
42.03. Form of subpoena
42.03. 1. Alteration of date for attendance or production
42.04. Setting aside or other relief
42.05. Service
42.06. Compliance with subpoena
42.07. Production otherwise than upon attendance
42.08. Removal, return, inspection, copying and disposal of documents and things
42.09. Inspection of, and dealing with, documents and things produced otherwise than on attendance
42.10. Disposal of documents and things produced
42.11. Costs and expenses of compliance
42.12. Failure to comply with subpoena-contempt of court
42.13. Documents and things in the custody of a court
ORDER 42A-SUBPOENA FOR PRODUCTION TO PROTHONOTARY
42A.01. Application
42A.02. Issuing subpoena
42A.03. Form of subpoena
42A.04. Affidavit of service
42A.05. Compliance with subpoena
42A.06. Receipt for document
42A.07. Objection by addressee or other person
42A.08. Objection by party to inspection by other party
42A.09. Procedure after objection
42A.10. Inspection of document produced
42A.11. Removal of document
42A.12. Return of document
42A.13. Production of document at trial
42A.14. Subpoena for trial not affected
ORDER 43-AFFIDAVITS
43.01. Form of affidavit
43.02. Affidavit by illiterate or blind person
43.03. Content of affidavit
43.04. Affidavit by two or more deponents
43.05. Alterations
43.06. Annexures and exhibits
43.07. Time for swearing
43.08. Irregularity
43.09. Filing
ORDER 44-EXPERT EVIDENCE
44.01. Definitions
44.02. Application
44.03. Report of expert
44.04. Other party's report as evidence
44.05. No evidence unless disclosed in report
44.06. Conference between experts
ORDER 45-ORIGINATING MOTION
45.01. Definitions
45.02. Evidence by affidavit
45.03. Judgment where no appearance
45.04. Proceedings after appearance
45.05. Special procedure
ORDER 46-APPLICATIONS
46.01. Application
46.02. Application by summons
46.03. Notice of application
46.04. Form and filing of summons
46.05. Service
46.05. 1. Day for hearing
46.06. Adjournment
46.07. Absence of party to summons
46.08. Setting aside
ORDER 47-PLACE AND MODE OF TRIAL
47.01. Place of trial
47.02. Mode of trial
47.03. Payment of jury fees
47.04. Separate trial of question
47.05. Judgment after determination of preliminary question
ORDER 48-FIXING A DATE FOR TRIAL
48.01. Application
48.02. Fixing a date
48.03. Notice of trial
48.04. Default by plaintiff
48.05. Subsequent interlocutory steps
48.06. Vacating date for trial
48.07. Pre-trial conferences
ORDER 49-TRIAL
49.01. Order of evidence and addresses
49.02. Absence of party
49.03. Adjournment of trial
49.04. Death before judgment
ORDER 50-REFERENCES
50.01. Reference to special referee
50.02. Directions as to procedure
50.03. Report on reference
50.04. Use of report
50.05. Committal
50.06. Remuneration of special referee
50.07. Reference to mediator
50.07. 1. Mediation by Associate Judge
50.08. Reference to arbitration
ORDER 51-ASSESSMENT OF DAMAGES OR VALUE
51.01. Mode of assessment
51.02. Notice to other party
51.03. Procedure on assessment
51.04. Order for damages
51.05. Default judgment against some defendants
51.06. Continuing cause of action
51.07. Value of goods
ORDER 52-ACCOUNTS AND INQUIRIES
52.01. Account or inquiry at any stage
52.02. Directions for account
52.03. Form and verification of account
52.04. Filing and service of account
52.05. Notice of charge, error in account
52.06. Allowances
52.07. Delay
52.08. Fund distribution before all entitled ascertained
52.09. Restrictive covenant
ORDER 53-SUMMARY PROCEEDING FOR RECOVERY
OF LAND
53.01. Application
53.02. Originating process
53.03. Who to be defendant
53.04. Affidavit in support
53.05. Service
53.06. Occupier made a party
53.07. Judgment for possession
53.08. Warrant of possession
ORDER 54-ADMINISTRATION OF ESTATES AND EXECUTION OF TRUSTS
54.01. Definitions
54.02. Relief without general administration
54.03. Parties
54.04. Notice of proceeding and judgment
54.05. Relief in proceeding by originating motion
54.06. Judgment in administration proceeding
54.07. Conduct of sale
ORDER 55-SALE OF LAND BY ORDER OF COURT
55.01. Definition
55.02. Power to order sale
55.03. Notice of application
55.04. Manner of sale
55.05. Certifying result of sale
55.06. Mortgage, exchange or partition
ORDER 56-JUDICIAL REVIEW
56.01. Judgment or order instead of writ
56.02. Time for commencement of proceeding
ORDER 57-HABEAS CORPUS
57.01. Definition
57.02. Application for writ
57.03. Order on application
57.04. Further application for writ
57.05. Service
57.06. Disobedience
57.07. Return to the writ
57.08. Person detained before Court
57.09. Other habeas corpus
57.10. Departing debtor
ORDER 58-APPEALS FROM INFERIOR JURISDICTIONS

PART 1-APPEALS FROM THE COUNTY COURT

58.01. Procedure

PART 2-APPEALS FROM AN ASSOCIATE JUDGE OF THE COUNTY COURT

58.02. Appeal from associate judge of the County Court by leave
58.03. Application for leave
58.04. Hearing of appeal
58.05. Stay

PART 3-APPEALS ON A QUESTION OF LAW

58.06. Application of Part
58.07. Commencement of appeal
58.08. Notice of appeal
58.09. Appellant to file affidavit
58.10. Directions
58.11. Leave to appeal
58.12. Stay
58.13. Expedition
58.14. Report

PART 4-APPEALS UNDER SECTION 271 OF OR CLAUSE 13 OR 18 OF SCHEDULE 1 TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005.

58.17. Application of Part
58.18. Institution of appeal
58.19. Affidavit in support
58.20. Hearing
58.21. Stay

PART 5-APPEALS UNDER SECTIONS 328 AND 424 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005.

58.22. Application of Part
58.23. Definitions
58.24. Notice of appeal and undertaking to prosecute
58.25. Solicitor to notify that he or she acts
58.26. Prothonotary to fix hearing
58.27. Abandonment of appeal
58.28. Order striking out appeal
58.29. Recording of decision on appeal under section 424.
58.30. Application to set aside order striking out appeal for
failure to appear
58.31. Application for rehearing of appeal under section 328.

PART 6-APPEALS UNDER SECTIONS 20 AND 21 OF THE CRIMES (FAMILY VIOLENCE) ACT 1987.

58.32. Appeals to the Trial Division from the Children's Court

PART 7-APPEALS UNDER PART 7 OF THE CORONERS ACT 2008.

58.33. Definitions
58.34. Commencement of appeal
58.35. Notice of appeal
58.36. Appeal out time taken to be application for leave to appeal
58.37. Appellant to file affidavit
58.38. Certain appeals do not require directions
58.39. Directions
58.40. Expedition
58.41. Report from Coroners Court
ORDER 59-JUDGMENTS AND ORDERS
59.01. General relief
59.02. Date of effect
59.03. Time for compliance
59.04. Statement of reasons for judgment

59.05. Notice of judgment to non-party

59.06. Consent judgment or order by filing
59.07. Consent to judgment or order by parties not in attendance
59.08. Powers of Prothonotary
ORDER 60-AUTHENTICATION AND FILING OF
JUDGMENTS AND ORDERS
60.01. When authentication required
60.02. Mode of authentication
60.03. Drawing up of judgment or order
60.04. Order signed by Judge of the Court or Associate Judge
60.05. Recitals in judgments and orders
60.06. Drawing up and settling
60.07. Copy of judgment or order
60.08. Form of judgment or order
60.09. Interpretation
ORDER 61-JUDGMENT DEBT INSTALMENT ORDERS
61.01. Definitions
61.02. Application under section 6 or 8.
61.03. Instalment agreement under section 7.
61.04. Summons for oral examination of judgment debtor
61.05. Notice of instalment order confirmed, varied or cancelled
61.06. Order for imprisonment
61.07. Certificate of payment
61.08. Notices
ORDER 62-SECURITY FOR COSTS
62.01. Definitions
62.02. When security for costs may be ordered
62.03. Manner of giving security
62.04. Failure to give security
62.05. Variation or setting aside
ORDER 63-COSTS

PART 1-PRELIMINARY

63.01. Definitions and application
63.02. General powers of Court
63.03. Time for costs order and payment
63.04. Costs of question or part of proceeding
63.05. By whom costs to be taxed
63.06. Officers of Court to assist each other
63.07. Taxed or other costs provision
63.08. Default judgment
63.09. Costs in other court or tribunal
63.10. No order for taxation required
63.11. Enforcement of order of taxing officer
63.12. Costs in account

PART 2-ENTITLEMENT TO COSTS

63.13. Order for payment
63.14. Extension or abridgement of time
63.15. Discontinuance or withdrawal
63.16. Offer of compromise
63.16. 1. Failure to make discovery or answer interrogatories
63.17. Amendment
63.18. Non-admission of fact or document
63.19. Interlocutory injunction
63.20. Interlocutory application
63.21. Inquiry as to ownership of property
63.22. Costs reserved
63.22. 1. Evidence transcript costs
63.23. Costs liability of lawyer
63.24. Money claim in wrong court
63.25. Other claim in wrong court
63.26. Trustee or mortgagee

PART 3-COSTS OF PARTY IN A PROCEEDING

63.27. Application
63.28. Bases of taxation
63.29. Party and party basis
63.30. Solicitor and client basis
63.30. 1. Indemnity basis
63.31. General basis
63.32. Where solicitor and client basis applicable
63.33. Party as trustee
63.34. Charges of solicitor

PART 4-TAXING MASTER

63.35. Powers of Taxing Master
63.36. Costs of taxation

PART 5-PROCEDURE ON PARTY AND PARTY TAXATION

63.37. Application
63.38. Summons for taxation
63.39. Filing of bill
63.40. Service of bill
63.41. Defendant not appearing
63.42. Content of bill of costs
63.43. Disbursement or fee not paid
63.44. Charge of lawyer out of Victoria
63.45. Amendment of bill
63.46. Agreement as to part of bill
63.47. Objection to bill
63.48. Discretionary costs
63.49. Taxation where no objection
63.50. Attendance of parties
63.51. Reference to Judge of the Court
63.52. Notice to person interested in fund
63.53. Application by person liable to pay
63.54. Solicitor at fault
63.55. Cross costs
63.56. Order on taxation
63.56. 1. Review by Taxing Master
63.57. Review by Judge of the Court

PART 6-COSTS OF A SOLICITOR

63.58. Application
63.59. Basis of taxation of costs payable by client
63.60. Basis of taxation of costs payable otherwise than by client
63.61. Solicitor and client basis
63.62. Contentious business
63.63. Procedure on taxation
63.64. Appointment to tax
63.65. Reference for taxation
63.66. Inclusion in bill of disbursement not made
63.67. Failure to serve bill or tax

PART 7-ALLOWANCES ON TAXATION GENERALLY

63.68. Application and interpretation
63.69. Necessary or proper costs
63.70. Unnecessary or careless work
63.71. Gross sum for costs
63.72. Increased allowance
63.73. Copy documents
63.74. Folio
63.75. Service of several documents
63.76. Defendants with same solicitor
63.77. Procuring evidence
63.78. Negotiations
63.79. Conference
63.80. Retainer of counsel
63.81. Advice and other work of counsel
63.82. Hearing and trial fees
63.83. Premature brief
63.84. Barrister and solicitor
63.85. Bill reduced by a sixth
ORDER 64-APPEAL TO COURT OF APPEAL
64.01. Definitions
64.02. Appeal by notice
64.03. Time for notice of appeal
64.04. Service of notice of appeal
64.05. Contents of notice of appeal
64.06. Amendment of notice of appeal
64.07. Filing of notice of appeal
64.08. Appeal Book
64.09. Contents of appeal book
64.10. Notes for guidance
64.11. Delivery of appeal book
64.12. Costs of appeal book
64.13. Entry of appeal
64.14. Discontinuance without leave
64.15. Discontinuance by leave
64.16. Appeal taken to be abandoned
64.17. Cross-appeal
64.18. Filing notice of cross-appeal
64.19. Effect of cross-appeal notice
64.20. Time
64.21. Directions and powers of Associate Judges
64.22. Powers of the Court of Appeal
64.23. New trial
64.24. Costs
64.25. Stay of execution
64.26. Jurisdiction and powers exercisable by a single Judge of Appeal
64.27. Jurisdiction and powers exercisable by two Judges of
Appeal
64.28. Exercise of powers by Associate Judge
ORDER 65-APPLICATIONS TO COURT OF APPEAL
65.01. Definition
65.02. Application by summons
65.03. Expedition
65.04. Filing and service
65.05. Delivery of documents to Registrar
65.06. Further copies
65.07. Documents for inclusion
65.08. Preparation of documents
65.09. Time
65.10. Procedure on application
ORDER 66-ENFORCEMENT OF JUDGMENTS AND
ORDERS
66.01. Definitions
66.02. Payment of money
66.03. Possession of land
66.04. Delivery of goods
66.05. Doing or abstaining from doing any act
66.06. Attendance of natural person
66.07. Attendance of corporation
66.08. Attendance before another court etc.
66.09. Contempt
66.10. Service before committal or sequestration
66.11. Substituted performance

66.12. Enforcement by or against non-party

66.13. Non-performance of condition
66.14. Matters occurring after judgment
66.15. Order in aid of enforcement
66.16. Stay of execution
ORDER 67-DISCOVERY IN AID OF ENFORCEMENT
67.01. Definitions
67.02. Order for examination or production
67.03. Corporation
67.04. Procedure
67.05. Conduct money
67.06. Record of examination
ORDER 68-WARRANTS OF EXECUTION GENERALLY
68.01. Definitions
68.02. Leave to issue warrant
68.03. Separate execution for costs
68.04. Issue of warrant of execution
68.05. Duration
68.06. Costs of prior execution
68.07. Provision for enforcing payment of money
68.08. Form of warrant of execution
ORDER 69-WARRANT OF SEIZURE AND SALE
69.01. Definitions
69.02. New enforcement process
69.03. Two or more warrants
69.04. Order of sale
69.05. Time, place and mode of sale
69.06. Advertisement of sale
69.07. Notional possession of goods
ORDER 70-WARRANT OF POSSESSION
70.01. Payment of money
70.02. Removal of goods on warrant of possession
ORDER 71-ATTACHMENT OF DEBTS
71.01. Definitions and application
71.02. What debts attachable
71.03. Bank account
71.04. Filing and service of garnishee summons
71.05. Evidence on application for garnishee summons
71.06. Garnishee summons
71.07. Service of summons
71.08. What debts attached, when and to what extent
71.09. Payment to judgment creditor
71.10. Dispute of liability by garnishee
71.11. Claim by other person
71.12. Discharge of garnishee
71.13. Money in court
71.14. Costs
ORDER 72-ATTACHMENT OF EARNINGS
72.01. Definitions
72.02. Application for attachment of earnings order
72.03. Making of order
72.04. Attendance of or information about judgment debtor
72.05. Contents of order
72.06. Service of order
72.07. Employer to make payments
72.08. Attachment of earnings in place of other orders
72.09. Execution after attachment of earnings
72.10. Discharge or variation of order
72.11. Cessation of attachment of earnings order
72.12. Two or more orders in force
72.13. When varied order taken to be made
72.14. Notice to judgment debtor of payments
72.15. Determination of earnings
72.16. Service
ORDER 73-CHARGING ORDERS AND STOP ORDERS
AND NOTICES
73.01. Definitions
73.02. Order charging securities
73.03. Filing and service of charging summons
73.04. Evidence on application for charging summons
73.05. Charging summons
73.06. Service of summons
73.07. Effect of service of summons
73.08. Order on summons hearing
73.09. Effect and enforcement of charge
73.10. Variation or discharge of order
73.11. Order charging funds in court
73.12. Stop order for funds in court
73.13. Stop notice on corporation stock not in court
73.14. Effect of stop notice
73.15. Withdrawal or discharge of stop notice
73.16. Prohibition of transfer of or payment on stock
ORDER 74-ENFORCEMENT BY APPOINTMENT OF RECEIVER
74.01. Procedure
74.02. Appointment of receiver by way of equitable execution
ORDER 75-CONTEMPT

PART 1-INTERPRETATION

75.01. Definition

PART 2-SUMMARY PROCEEDINGS FOR CONTEMPT

75.02. Contempt in face of the Court
75.03. Procedure on hearing of charge
75.04. Custody pending disposal of charge

PART 3-OTHER PROCEDURE FOR CONTEMPT

75.05. Application
75.06. Procedure
75.07. Application by Prothonotary
75.08. Arrest of respondent
75.08. 1. Arrest pending contempt hearing
75.09. Warrant for arrest

PART 4-COMMITTAL AND COSTS

75.10. Application
75.11. Punishment for contempt
75.12. Discharge
75.13. Warrant for committal
75.14. Costs
ORDER 76-SEQUESTRATION
76.01. Definitions
76.02. Enforcement by sequestration
76.03. Order for sequestration
76.04. Application
ORDER 77-AUTHORITY OF ASSOCIATE JUDGES
77.01. Authority
77.02. Limitations on authority
77.03. Associate Judge to hear application
77.04. Reference by Associate Judge to Judge of the Court
77.05. Reference by Judge of the Court to Associate Judge
77.06. Appeal to Judge of the Court
77.07. Appeal to Court of Appeal
77.08. Associate Judge may act for another
ORDER 78-PROCEEDINGS UNDER JUDGMENT
78.01. Definition
78.02. Directions in judgment
78.03. Claims
78.04. Interest on debts
78.05. Interest on legacies
78.06. Account or inquiry by Associate Judge
78.07. Associate Judge's order
78.08. Appeal from Associate Judge
ORDER 79-FUNDS IN COURT

PART 1-INTERPRETATION

79.01. Definitions

PART 2-GENERAL

79.02. Application of money
79.03. Money in court for person under disability
79.04. Payment into court for person under disability
79.05. Certificate of receipt
79.06. Delay

PART 3-COMMON FUNDS

79.07. Investments in name of Senior Master
79.08. Transfer
79.09. Interest
79.10. Proceeding in another court
ORDER 80-SERVICE OF FOREIGN PROCESS
80.01. Application
80.02. Documents required
80.03. Service
80.04. Affidavit of service
80.05. Certificate
ORDER 81-OBTAINING EVIDENCE FOR EXTERNAL TRIBUNAL
81.01. Procedure
81.02. Examiner
81.03. Conduct of examination

81.04. Attendance of non-party

81.05. Deposition and exhibits
81.06. Certificate
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FORMS
Form 5A-Writ
Form 5B-Originating Motion Between Parties
Form 5C-Originating Motion Between Parties
Form 5D-Originating Motion
Form 5E-Originating Motion for Recovery of Land Under Order 53.
Form 7A-Letter of Request for Service of Document
Form 8A-Notice of Appearance
Form 8B-Notice of Conditional Appearance
Form 10A-Heading and Notice on Counterclaim Where Defendant New Party
Form 10B-Notice of Appearance to Counterclaim
Form 11A-Third Party Notice
Form 11B-Notice by One Tortfeasor Claiming Contribution Against Another
Form 12A-Notice of Claim to Goods Taken in Execution
Form 15A-Order Approving Compromise of Claim of Minor
Form 15B-Order Approving Compromise of Claim Under Part III of Wrongs Act for Benefit of Minor
Form 18AA-Notice of Consent to be a Group Member
Form 18AB-Notice of Opting Out by Group Member
Form 19A-Notice of a Constitutional Matter
Form 28A-Filing Confirmation Notice
Form 29A-Notice for Discovery
Form 29B-Affidavit of Documents
Form 29C-Notice to Produce
Form 29D-Notice of Default in Making Discovery of Documents
Form 30A-Notice of Default in Answering Interrogatories
Form 35A-Notice to Admit
Form 35B-Notice of Dispute
Form 37AA-Freezing Order
Form 37BA-Search Order
Form 39A-Deed of Guarantee
Form 41A-Order for Examination Within Victoria
Form 41B-Order for Examination Out of Victoria
Form 41C-Order for Letter of Request to Judicial Authority Out of Victoria
Form 41D-Letter of Request for Examination of Witness
Form 41AA-Notice of Application Under Section 42E(1) of the Evidence Act 1958.
Form 42A-Subpoena
Form 42AA-Subpoena for Production to Prothonotary
Form 42B-42F-Revoked
Form 43A-Certificate Identifying Exhibit
Form 44A-Expert Witness Code of Conduct
Form 45A-Summons on Originating Motion
Form 46A-Summons
Form 48A-Notice of Trial
Form 48B-Notice of Trial
Form 53A-Judgment in Summary Proceeding for Recovery of Land
Form 53B-Warrant of Possession in Summary Proceeding for Recovery of Land
Form 57A-Writ of Habeas Corpus
Form 58A-Notice of Appeal
Form 58B-Notice of Appeal and Undertaking to Prosecute
Form 58C-Notice of Abandonment of Appeal
Form 58D-Notice of Abandonment of Appeal
Form 58E-Order Striking Out Appeal
Form 58F-Notice of Supreme Court's Decision on Appeal
Form 58G-Application to Set Aside Order Striking Out Appeal for Failure to Appear
Form 58H-Application for Rehearing of Appeal
Form 58J-Application for Leave to Apply Out of Time for Rehearing of Appeal
Form 59A-Notice of Judgment
Form 60A-General Form of Judgment Given
Form 60B-General Form of Judgment Entered
Form 60C-General Form of Order
Form 60D-Judgment at Trial by Judge Without a Jury
Form 60E-Judgment at Trial by Judge With a Jury
Form 60F-Judgment or Order at Trial of Preliminary Question
Form 60G-Default Judgment for Debt
Form 60H-Default Judgment for Recovery of Land
Form 60J-Interlocutory or Interlocutory and Final Judgment for Damages in Default
Form 60K-Final Judgment for Damages or Value in Default
Form 60L-Interlocutory or Interlocutory and Final Judgment for Detention of Goods in Default
Form 61A-Application to Associate Judge for Order for Payment of Judgment Debt by Instalments
Form 61B-Application to Associate Judge for Order in Substitution
for Order for Payment of Judgment Debt by Instalments
Form 61C-Application to the Court for Variation or Cancellation or Order for Payment of Judgment Debt by Instalments
Form 61D-Order Relating to Payment of Judgment Debt by
Instalments
Form 61E-Notice of Order or Refusal of Order by Associate Judge
for Payment of Judgment Debt by Instalments
Form 61F-Notice of Objection
Form 61G-Notice of Hearing of Objection
Form 61H-Notice by Court Relating to Payment of Judgment Debt
by Instalments
Form 61J-Instalment Agreement
Form 61K-Order for Instalment Payment of Judgment Debt After Agreement
Form 61L-Notice of Order for Instalment Payment of Judgment
Debt After Agreement
Form 61M-Summons to Attend for Oral Examination
Form 61N-Warrant of Apprehension on Disobedience to Summons
Form 61P-Notice to Judgment Creditor of Summons or Warrant to Judgment Debtor
Form 61Q-Notice by Court of Confirmation, Variation or
Cancellation of Judgment Debt Instalment Order
Form 61R-Certificate of Payment
Form 63A-Summons for Taxation of Costs
Form 64A-Notice of Address for Service
Form 68A-Warrant of Seizure and Sale
Form 68B-Warrant of Possession
Form 68C-Warrant of Delivery
Form 69A-Advertisement of Sale by the Sheriff
Form 71A-Garnishee Summons
Form 71B-Garnishee Order
Form 71C-Garnishee Order
Form 72A-Attachment of Earnings Summons
Form 72B-Affidavit in Support of Application for Attachment of Earnings Order
Form 72C-Judgment Debtor's Statement of Financial Situation
Form 72D-Summons for an Order to Attend for Examination or Furnish Particulars
Form 72E-Affidavit in Support of Summons for an Order to Attend for Examination or Furnish Particulars
Form 72F-Order that Judgment Debtor Attend or Give Statement
Form 72G-Order that Person Indebted to or Employer of Judgment Debtor Give Statement
Form 72H-Attachment of Earnings Order
Form 72J-Notice to Employer
Form 72K-Notice by Employer that Judgment Debtor is Not in Employer's Employ
Form 72L-Notice of Cessation of Attachment of Earnings Order
Form 73A-Charging Summons
Form 73B-Affidavit as to Stock
Form 73C-Notice as to Stock
Form 75A-Arrest Warrant in Summary Proceedings for Contempt
in Face of Supreme Court
Form 75AA-Arrest Warrant Pending Contempt Hearing
Form 75B-Arrest Warrant in Contempt Proceedings by Summons
or Originating Motion
Form 75C-Committal Warrant
__________________

Appendix A-Scale of Costs

Appendix B-Witnesses' Expenses and Interpreters' Allowances
__________________
SCHEDULE-Revoked Statutory Rules
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
ORDER 1
PRELIMINARY

PART 1-CITATION, COMMENCEMENT AND REVOCATION

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