COUNTY COURT CIVIL PROCEDURE RULES 2008 (SR NO 148 OF 2008)
Table of Provisions
ORDER 1--PRELIMINARYPART 1--GENERAL
PART 2--APPLICATION OF RULES
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
- 2.01 Effect of non-compliance
- 2.02 Originating process
- 2.03 Application to set aside for irregularity
- 2.04 Dispensing with compliance
- 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
- 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 Continuation as writ of proceeding by originating motion
- 4.08 Urgent case
- 5.01 Definition
- 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 * * * *
- 5.11 Filing of originating process
- 5.12 Duration and renewal of originating process
- 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 or accidental 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
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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 18.01 Application
- 18.02 Proceeding by or against representative
- 18.03 Order for representation by defendant
- 18.04 Effect of judgment
- 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.
- 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 for debt, damages or property
- 21.05 Proceeding continued against other defendants
- 21.06 Default of defence to counterclaim
- 21.07 Setting aside judgment
- 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
- 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
- 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
- 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
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
- 27.01 Conformity with Rules
- 27.02 Heading of document
- 27.03 Form of document
- 27.04 Numbers
- 27.05 Copies on request
- 27.06 Registrar refusing to seal or accept document
- 27.07 Scandalous matter
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
- 28.07 Offices of the Court
PART 2--ELECTRONIC FILING
- 28.08 Application of Part
- 28.09 Definitions
- 28.10 Authorised provider may send request to file documents electronically
- 28.11 Registrar may accept a document for filing
- 28.12 Registrar may reject a document
- 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
- 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
- 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
- 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
- 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
- 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
- 34.01 Powers of Court
- 34.02 Nature of directions
- 34.03 Admissions and agreements
- 34.04 Duty to obtain directions
PART 1--COURT LISTS
- 34A.01 Provisions of Order 34A to prevail
- 34A.02 Court Lists
- 34A.03 Damages and Compensation List
- 34A.04 Divisions of Damages and Compensation List
- 34A.05 Commercial List
- 34A.06 Divisions of Commercial List
- 34A.09 Entry of proceeding in list
- 34A.10 Mode of entry in list
- 34A.11 Transfer from one list to another
PART 2--LIST JUDGES
PART 3--DISMISSAL OF PROCEEDING
- 34A.15 Dismissal of proceeding
- 34A.16 Reinstatement
PART 4--DISCOVERY BY LEAVE
PART 5--DIRECTIONS HEARING
- 34A.18 Application of this Part
- 34A.19 Directions
- 34A.19.1 Expert reports
- 34A.20 Admissions and agreements
- 34A.21 Mediation or arbitration
- 34A.22 Reference to special referee
- 34A.23 Personal attendance of parties
- 34A.24 Time for first directions hearing
- 34A.25 Other directions hearing
PART 6--SETTING DOWN FOR TRIAL
- 34A.26 No certificate of readiness
PART 7--COURT BOOK
- 34A.27 No trial without court book
- 34A.28 Time for serving and filing court book
- 34A.29 Failure to include document in court book
- 34A.30 Court book of each party
- 34A.31 Court book of plaintiff
- 34A.32 Court book of defendant
- 34A.33 Court book of third party
- 34A.34 Court book of fourth or subsequent party
- 34A.35 Court books—particular proceedings
- 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
- 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
- 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
- 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
- 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 of search order etc.
- 37B.09 Application to be heard by Judge
- 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
- 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
- 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
- 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
- 42.01 Definitions
- 42.02 Issuing of subpoena
- 42.03 Form of subpoena
- 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
- 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
- 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
- 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
- 45.01 Definitions
- 45.02 Evidence by affidavit
- 45.03 Judgment where no appearance
- 45.04 Proceedings after appearance
- 45.05 Special procedure
- 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
- 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
- 47.06 Directions
- 48.01 Application
- 48.02 Setting down by plaintiff
- 48.03 Setting down by defendant and dismissal for want of prosecution
- 48.04 Certificate of readiness
- 48.05 Interlocutory steps after setting down
- 48.06 Order for setting down
- 48.07 Order for setting down of country case
- 48.08 Entry in list for trial
- 48.09 Sittings for which trial set down
- 48.10 Further consideration
- 48.11 Papers for Judge
- 48.12 Pre-trial conferences
- 49.01 Order of evidence and addresses
- 49.02 Absence of party
- 49.03 Adjournment of trial
- 49.04 Death before judgment
- 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
- 50.08 Reference to arbitration
- 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
- 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
- 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
- 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
- 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
- 58.01 Appeals from inferior courts
- 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
- 60A.01 Definition
- 60A.02 How judgment or order authenticated
- 60A.03 When authentication required or permitted
- 60A.04 Judge, associate judge or Registrar to authenticate judgment given or order
- 60A.05 Registrar to authenticate judgment entered or order of the Registrar
- 60A.06 Form of judgment or order
- 60A.07 Drawing up and lodging of judgment or order
- 60A.08 Recitals in judgments and orders
- 60A.09 Drawing up of judgment or order by Registrar
- 60A.10 Copy of judgment or order
- 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
- 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
PART 1--PRELIMINARY
- 63A.01 Definitions and application
- 63A.02 General powers of Court
- 63A.03 Time for costs order and payment
- 63A.04 Costs of question or part of proceeding
- 63A.05 By whom costs to be taxed
- 63A.06 Officers of Court to assist each other
- 63A.07 Taxed or other costs provision
- 63A.08 Default judgment
- 63A.09 Costs in other court or tribunal
- 63A.10 No order for taxation required
- 63A.11 Enforcement of order of taxing officer
- 63A.12 Costs in account
PART 2--ENTITLEMENT TO COSTS
- 63A.13 Order for payment
- 63A.14 Extension or abridgment of time
- 63A.15 Discontinuance or withdrawal
- 63A.16 Offer of compromise
- 63A.16.1 Failure to make discovery or answer interrogations
- 63A.16.2 Proceeding or counterclaim dismissed
- 63A.17 Amendment
- 63A.18 Non-admission of fact or document
- 63A.19 Interlocutory injunction
- 63A.20 Interlocutory application
- 63A.21 Inquiry as to ownership of property
- 63A.21.1 Costs in proceedings before Registrar
- 63A.22 Costs reserved
- 63A.22.1 Evidence transcript costs
- 63A.23 Costs liability of lawyer
- 63A.24 Money claim in wrong court
- 63A.25 Other claim in wrong court
- 63A.26 Trustee or mortgagee
PART 3--COSTS OF PARTY IN A PROCEEDING
- 63A.27 Application
- 63A.28 Bases of taxation
- 63A.29 Party and party basis
- 63A.30 Solicitor and client basis
- 63A.30.1 Indemnity basis
- 63A.31 General basis
- 63A.32 Where solicitor and client basis applicable
- 63A.33 Party as trustee
- 63A.34 * * * * *
- 63A.34A Costs and fees
PART 4--COSTS OF TAXATION
PART 5--PROCEDURE ON PARTY AND PARTY TAXATION
- 63A.37 Application
- 63A.38 Summons for taxation
- 63A.39 Filing of bill
- 63A.40 Service of bill
- 63A.41 Defendant not appearing
- 63A.42 Content of bill of costs
- 63A.43 Disbursement or fee not paid
- 63A.44 Charge of lawyer out of Victoria
- 63A.45 Amendment of bill
- 63A.46 Agreement as to part of bill
- 63A.47 Objection to bill
- 63A.48 Discretionary costs
- 63A.49 Taxation where no objection
- 63A.50 Attendance of parties
- 63A.51 Reference to Judge
- 63A.52 Notice to person interested in fund
- 63A.53 Application by person liable to pay
- 63A.54 Solicitor at fault
- 63A.55 Cross costs
- 63A.56 Order on taxation
- 63A.57 Review by Judge
PART 6--COSTS OF SOLICITOR
- 63A.58 Application
- 63A.59 Basis of taxation of costs payable by client
- 63A.60 Basis of taxation of costs payable otherwise than by client
- 63A.61 Solicitor and client basis
- 63A.62 * * * * *
- 63A.63 Procedure on taxation
- 63A.64 Appointment to tax
- 63A.65 Reference for taxation
- 63A.66 Inclusion in bill of disbursement not made
- 63A.67 Failure to serve bill or tax
PART 7--ALLOWANCES ON TAXATION GENERALLY
- 63A.68 Application and interpretation
- 63A.69 Necessary or proper costs
- 63A.70 Unnecessary etc. work
- 63A.71 Gross sum for costs
- 63A.72 Increased allowance
- 63A.73 Copy documents
- 63A.74 Folio
- 63A.75 Service of several documents
- 63A.76 Defendants with same solicitor
- 63A.77 Procuring evidence
- 63A.78 Negotiations
- 63A.79 Conference
- 63A.80 Retainer of counsel
- 63A.81 Advice and other work of counsel
- 63A.82 Refreshers
- 63A.83 Premature brief
- 63A.84 Barrister and solicitor
- 63A.85 Bill reduced by a sixth
- 64A.01 Definitions
- 64A.02 Application
- 64A.03 Notice of Appeal
- 64A.04 Statements of evidence etc. to be submitted to trial judge
- 64A.05 Judge's notes
- 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
- 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
- 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
- 69.01 Definitions
- 69.02 * * * * *
- 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
- 70.01 Payment of money
- 70.02 Removal of goods on warrant of possession
- 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
- 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
- 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
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 Registrar
- 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
- 77A.01 Authority
- 77A.02 Limitation upon authority
- 77A.03 Reference by associate judge to Judge
- 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
PART 1--INTERPRETATION
- 79.01 Definition
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--FUNDS
- 79.07 * * * * *
- 79.08 * * * * *
- 79.09 * * * * *
- 79.10 Proceeding in another court