MAGISTRATES' COURT CIVIL PROCEDURE RULES 2009 (SR NO 49 OF 2009)
Table of Provisions
ORDER 1--PRELIMINARYPART 1--GENERAL
PART 2--APPLICATION OF RULES
- 1.05 Definitions
- 1.06 Application
- 1.07 Proceedings in another court
- 1.08 Order in pending proceeding
- 1.09 Costs
PART 3--INTERPRETATION
- 1.10 Definitions
PART 4--MISCELLANEOUS
- 1.11 Proceedings other than in open court
- 1.12 Procedure wanting or in doubt
- 1.13 Act by corporation
- 1.14 Corporation a party
- 1.15 Power to act by solicitor
- 1.16 Filing of documents
- 1.17 Seal of Court
- 1.18 Use of electronic messages for lodging Court documents
PART 5--OVERRIDING OBJECTIVE AND CASE MANAGEMENT
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
- 3.01 Calculating time
- 3.02 Extension and abridgement
- 3.03 Fixing time
- 3.04 Time for service
- 3.04.1 Process in vacation
- 3.05 Content and form of documents
- 3.06 Registrar refusing to accept documents
- 3.07 Scandalous matter
- 4.01 Claim not to be divided
- 4.02 Names, addresses and representation of parties
- 4.02.1 Statement of claim
- 4.02.2 Motor vehicle collision
- 4.02.3 Form of complaint
- 4.02.4 Requirements for filing a complaint by an electronic message
- 4.02.5 Complaints by electronic message to comply with Rules
- 4.02.6 Copy of complaint commenced by electronic message to be provided upon request
- 4.03 Costs to be specified
- 4.04 Filing of process
- 4.05 Duration
- 4.06 Interlocutory application
- 4.07 Names of parties
- 4.08 Urgent cases
- 4.09 Discontinuance and withdrawal
- 4.10 Costs on discontinuance or withdrawal
- 4.11 Stay on new proceeding
- 5.01 When personal service necessary
- 5.02 Complaint to be served personally
- 5.03 How personal service effected
- 5.04 Service on particular defendants
- 5.05 Service on persons jointly sued
- 5.06 Claims for personal injury
- 5.07 How ordinary service effected
- 5.08 Acceptance of service by solicitor
- 5.09 Substituted service
- 5.10 Service of document by the Court
- 5.11 Affidavit of service
- 5A.01 For what claims
- 5A.02 Form of complaint and indorsement
- 5A.03 Mode of service out of Australia
- 5A.04 Leave to apply for an order
- 5A.05 Stay, setting aside service, etc.
- 5A.06 Service of counterclaim or third party notice
- 5A.07 Application for order under Rule 5A.05 or 5A.06
PART 1--JOINDER AND SEVERANCE
- 6.01 Joinder of claims
- 6.02 Joinder of parties permitted
- 6.03 Plaintiff suing for numerous persons
- 6.04 Business or firm name
- 6.04.1 Plaintiff suing owner or charterer of ship
- 6.05 Additions, removal, substitutions of party
PART 2--CONSOLIDATION
ORDER 7--COUNTERCLAIM- 7.01 When counterclaim allowed
- 7.02 Form of counterclaim
- 7.03 Trial of counterclaim
- 7.04 Counterclaim on stay etc. of original proceeding
- 8.01 Claims by third party notice
- 8.02 Filing and service of third party notice
- 8.03 Plaintiff may join third party
- 8.04 Separate disposal or stay of third party proceeding
- 8.05 Directions
- 8.06 Trial
- 8.07 Subsequent parties
- 8.08 Counterclaim
- 8.09 Contribution proceedings
- 8.10 Proceedings to enforce order for contribution or indemnity
- 9.01 Notice of defence after service
- 9.02 Content of defence
- 9.02.1 Reply
- 9.02.2 Alternative allegations
- 9.03 Particulars from plaintiff
- 9.04 Particulars from defendant
- 9.05 Time for giving notice
- 9.06 Particulars to be filed
- 9.07 Counterclaim and third party claim
- 9.08 Failure to give particulars
- 9.09 Request for referral of a medical question to a Medical Panel—Form 9B
PART 1--ORDER IN DEFAULT OF DEFENCE
- 10.01 Plaintiff may apply for order
- 10.02 Affidavit required
- 10.02.1 Application by electronic message
- 10.03 Registrar may make order or refer to Court
PART 2--ORDER IN DEFAULT OF COMPLIANCE
- 10.04 Defendant may apply for costs order
- 10.05 Applications under Rule 10.04
- 10.06 Registrar may make order or refer to Court
PART 3--SUMMARY ORDERS FOR PLAINTIFF
- 10.07 Application
- 10.08 Application for an order
- 10.09 Affidavit in support
- 10.10 Service
- 10.11 Defendant to show cause
- 10.12 Affidavit in reply
- 10.13 Hearing of application
- 10.14 Cross-examination on affidavit
- 10.15 Order on counterclaim
- 10.16 Order where amount unascertained
- 10.17 Directions
- 10.18 Continuing for other claim or against other defendant
- 10.19 Setting aside order
PART 4--DISMISSAL OF CERTAIN PROCEEDINGS
ORDER 11--DISCOVERY- 11.01 Definition
- 11.02 Notice for discovery
- 11.02.1 Discovery requiring leave of Court
- 11.03 Time for notice
- 11.04 Affidavit of documents
- 11.05 Time for making discovery
- 11.05.1 Continuing obligation to make discovery
- 11.06 Inspection of documents
- 11.07 Failure to make discovery
- 12.01 When interrogatories allowed
- 12.01.1 Interrogatories requiring leave of Court
- 12.02 Time for serving interrogatories
- 12.03 Statement as to who to answer
- 12.04 Time for answering interrogatories
- 12.05 Answers and objections
- 12.06 Who to answer
- 12.07 Failure to answer interrogatories
- 12.08 Answers as evidence
- 13.01 Definitions
- 13.02 Privilege
- 13.03 Discovery to identify a defendant
- 13.04 Party an applicant
- 13.05 Discovery from prospective defendant
- 13.06 Party an applicant
- 13.07 Discovery from non-party
- 13.08 Procedure
- 13.09 Inspection of documents
- 13.10 Costs
- 14.01 Definition
- 14.02 Voluntary admission of facts
- 14.03 Notice for admission of facts
- 14.04 Notice for admission of documents
- 14.05 Cost of non-admission of fact or document
- 14.06 Restrictive effect of admission
PART 1--INTERPRETATION
- 15.01 Definitions
PART 2--OFFER OF COMPROMISE
- 15.02 Application
- 15.03 Time for making, accepting, etc. offer
- 15.04 Time for payment
- 15.05 Effect of offer
- 15.06 Disclosure of offer to Court
- 15.07 Failure to comply with accepted offer
- 15.08 Costs consequences of failure to accept
- 15.09 Multiple defendants
- 15.10 Offer to contribute
- 15.11 Transitional
- 16.01 Evidence of witness
- 16.01.1 Quotation or assessment as evidence
- 16.02 When affidavit may be used
- 16.03 Use of affidavits when practicable
- 16.04 Attendance and production
- 16.05 View
- 16.06 Admission of documents
- 16.07 Person about to leave Victoria may be ordered to be examined or to produce documents
- 16A.01 Application of Order
- 16A.02 Form of application
- 16A.03 Filing
- 16A.04 Service
- 16A.05 Duty of applicant
- 16A.06 Payment of costs
- 17.01 Attendance by summons
- 17.02 Filing summons
- 17.03 Service
- 17.04 Conduct money
- 17.05 Expenses of witnesses
- 17.06 Setting aside
- 17.07 Books of account
- 17.08 Production before date of attendance
- 18.01 Form of affidavit
- 18.02 Affidavit by illiterate, blind or incapacitated person
- 18.03 Content of affidavit
- 18.04 Affidavit by two or more deponents
- 18.05 Alterations
- 18.06 Annexures and exhibits
- 18.07 Time for swearing
- 18.08 Irregularity
- 18.09 Filing
- 18.10 Affidavit sworn before party, solicitor
- 19.01 Application
- 19.02 Service of statement or copy of a report of an expert
- 19.03 Making a statement or copy of a report of other party evidence
- 19A.01 Application
- 19A.02 Counterclaim
- 19A.03 Definitions
- 19A.04 Notice for examination
- 19A.05 Expenses
- 19A.06 Report of examination
- 19A.07 Service of reports
- 19A.08 Time for service
- 19A.09 Other medical reports to be served
- 19A.10 Proceeding against medical expert
- 19A.11 Medical report admissible
- 19A.12 No evidence unless disclosed in report
PART 1--GENERAL
- 20.01 Application of Order
- 20.02 Form of application
- 20.03 Form and filing
- 20.04 Service
- 20.05 Adjournment
- 20.06 Absence of party to application
PART 2--PARTICULAR APPLICATIONS UNDER THE WORKERS COMPENSATION ACT 1958 AND THE ACCIDENT COMPENSATION ACT 1985
- 20.07 Definition
- 20.08 Application for appointment of nominal defendant—Forms 20B and 20C
- 20.09 Application for discharge
- 20.10 Application for revocation of direction of Conciliation Officer
- 21.01 Application
- 21.02 Statement of claim
- 21.03 Defence
- 21.04 No pleadings, discovery, interrogatories etc.
- 21.05 Parties to serve a list of documents
- 21.06 Service of reports and assessments in relation to proceedings relating to motor vehicle accidents
- 22.00 Referral of complaint for pre-hearing conference
- 22.01 Parties must attend a pre-hearing conference
- 22.02 Confidentiality
- 22A.01 Referral of proceeding or part of a proceeding to mediation
- 22A.02 Definitions
- 22A.03 Parties must attend mediation
- 22A.04 Consequences of failure to attend
- 22A.05 Orders by consent
- 22A.06 Mediator may adjourn a mediation
- 22A.07 Mediation report
- 22A.08 Confidentiality
- 22A.09 Extension of time limits
- 22A.10 Costs
- 24.01 Definition
- 24.02 Application of Order
- 24.03 Form of complaint
- 24.04 Leave to defend
- 24.05 Order where leave not granted
- 24.06 Notice to parties
- 24.07 Leave to defend after order made
- 25.01 General relief
- 25.02 Date of effect
- 25.03 Time for compliance
- 25.04 Orders may be drawn up; certified extract
- 25.05 Consent orders
- 25.06 Order where excess abandoned
- 25.07 Setting aside or varying self-executing order
- 26.01 Costs to be fixed on day of hearing
- 26.02 Costs in accordance with Appendix A
- 26.03 Application of scale
- 26.04 Costs on counterclaim
- 26.05 Costs of discovery, particulars
- 26.06 Complaint not referred to arbitration
- 26.07 Costs after defence struck out
- 26.08 Costs after complaint dismissed
- 26A.01 Application
- 26A.02 Definitions
- 26A.03 Bases of assessment
- 26A.04 Party and party basis
- 26A.05 Solicitor and client basis
- 26A.06 Indemnity basis
- 26A.07 General basis
- 26A.08 By whom costs to be assessed
- 26A.09 Costs of assessment
- 26A.10 Application for assessment
- 26A.11 Filing of bill
- 26A.12 Service of bill
- 26A.13 Undefended proceeding
- 26A.14 Content of bill
- 26A.15 Disbursement or fee not paid
- 26A.16 Charge of lawyer outside of Victoria
- 26A.17 Amendment of bill
- 26A.18 Agreement as to part of bill
- 26A.19 Objection to bill
- 26A.20 Discretionary costs
- 26A.21 Assessment where no objection
- 26A.22 Attendance of parties
- 26A.23 Costs in proceedings before registrar
- 26A.24 Costs reserved
- 26A.25 Reference to a magistrate
- 26A.26 Application by person liable to pay
- 26A.27 Solicitor at fault
- 26A.28 Cross costs
- 26A.29 Order on assessment
- 26A.30 Review by magistrate
- 26A.31 Necessary or proper costs
- 26A.32 Unnecessary etc. work
- 26A.33 Increased allowance
- 26A.34 Copy documents
- 26A.35 Service of several documents
- 26A.36 Defendants with same solicitor
- 26A.37 Negotiations
- 26A.38 Retainer of counsel
- 26A.39 Advice and other work of counsel
- 26A.40 Premature brief
- 26A.41 Barrister and solicitor
PART 1--DEFINITIONS
- 27.01 Definitions
PART 2--WARRANTS GENERALLY
- 27.02 Issue of warrant
- 27.02.1 Issue of warrant consequent to request by electronic message
- 27.03 Duration
- 27.04 Costs of prior execution
- 27.05 Interpleader
- 27.06 When interpleader decided against the claimant
- 27.07 Order against two or more persons
- 27.08 Order against partners
PART 3--WARRANTS TO SEIZE PROPERTY
- 27.09 Warrant to seize property
- 27.10 Form of warrant
- 27.10.1 Notice to person responsible for safekeeping of seized property
PART 4--WARRANTS OF DELIVERY
PART 4A--ORAL EXAMINATION
- 27.12.1 Examination of judgment debtor
- 27.12.2 Issue of summons for oral examination consequent to application by electronic message
PART 5--ATTACHMENT OF EARNINGS ORDERS
- 27.12.3 Definition
- 27.13 Attachment of earnings order
- 27.15 Application for attachment of earnings order
- 27.16 Examination of judgment debtor
- 27.17 Making an order in absence of debtor
- 27.18 Contents of order
- 27.19 Service of order
- 27.20 Employer to make payments
- 27.21 Discharge or variation of order
- 27.22 Cessation of attachment of earnings order
- 27.23 Two or more attachment of earnings orders in force
- 27.24 Notice to judgment debtor of payments
- 27.25 Determination of earnings
- 27.26 Service
PART 6--ATTACHMENT OF DEBTS
- 27.27 Attachable debts
- 27.30 Order for attachment of debt
- 27.31 Dispute of liability by garnishee
- 27.33 Claim by another person
- 27.34 Discharge of garnishee
PART 7--IMPRISONMENT OF FRAUDULENT DEBTORS
- 27.35 Application for summons
- 27A.01 Definitions
- 27A.02 How application made
- 27A.03 Sealed copy of order
- 27A.04 Enforcement of order
- 27A.05 Fees
- 27A.06 Costs
- 27A.07 Interest
- 28.01 Definition
- 28.02 Application under section 5
- 28.03 Application under section 6 or 8
- 28.04 Notice of objection
- 28.05 Agreement under section 7
- 28.06 Order in absence of parties
- 28.07 Summons for examination
- 28.08 Warrant of apprehension
- 28.09 Forms of notice
- 28.10 Warrant of commitment
- 28.11 Payments to be made to registrar
- 28.12 Certificate of discharge
- 28.13 Service and notification
- 28.14 Adjournment
- 28A.01 Definitions
- 28A.02 Commencement of proceeding under section 28R of the Act
- 28A.03 Power of registrar to make order in proceedings under section 28R of the Act
- 28A.04 Setting aside an order
- 28A.05 Certification of debt by Court
- 28A.06 Application for stay of payments
- 31.01 Definitions
- 31.02 When security for costs may be ordered
- 31.03 Manner of giving security
- 31.04 Failure to give security
- 31.05 Variation or setting aside
- 31.06 Payment by way of irrevocable guarantee
- 31.07 Requirements of guarantee
- 31.08 Liability of bank
- 32.01 Litigation guardian of minor
- 32.02 Person with a disability
- 32.03 Litigation guardian of defendant
- 32.04 Power of litigation guardian
- 32.05 Compromise of claim by minor or a person with a disability
- 32.06 Money to be paid into court
- 32.07 Investment of money
- 34.01 Application of order
- 34.02 Notice of appeal
- 34.03 Amendment of grounds
- 34.04 Affidavit
- 34.05 Date for hearing