Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 1.13.

Definitions

1.13. Definitions



(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 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 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; Registrar means the
Registrar of the Court of Appeal and if the Registrar is an Associate Judge,
means the Associate Judge who is the Registrar of the Court of Appeal;

solicitor means an Australian lawyer as defined in the
Legal Profession Act 2004, other than a barrister as defined in that Act, and
includes an incorporated legal practice as defined in that Act;

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; and



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



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

PART 4-MISCELLANEOUS