These Rules constitute Chapter I of the Rules of the County Court and are entitled the County Court Civil Procedure Rules 2018.
(2)
The object of these Rules is to remake with amendments Chapter I of the Rules relating to procedure in civil proceedings in the County Court.
r 1.02Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
r 1.03Commencement and revocations
(1) These Rules come into operation on
19 November 2018.
(2)
The Rules set out in Schedule 3 are revoked.
(3)
In the County Court Miscellaneous Rules 2009[1]—
(a)
Order 18 is revoked;
(b)
the following Forms are revoked—
(i)
Form 2—18A;
(ii)
Form 2—18B;
(iii)
Form 2—18C;
(iv)
Form 2—18D;
(v)
Form 2—18E;
(vi)
Form 2—18F;
(vii)
Form 2—18G;
(viii)
Form 2—18H;
(ix)
Form 2—18I.
Part 2—Application of Rules
1.04 * * * * *
r 1.05Application
(1)
Subject to this Rule, these Rules apply to every civil proceeding commenced in the Court whenever commenced.
Rule 1.05(2) amended by S.R. No. 142/2019 rule 7(1).
(2)
These Rules do not apply to a civil proceeding to which Chapter II or III of the Rules of the County Court applies except as that Chapter provides.
Note to rule 1.05 inserted by S.R. No. 142/2019 rule 7(2).
Note
Rule 34A.03.1 deals further with the application of this Chapter of the Rules of the County Court, and other Chapters, to proceedings within the Common Law Division of the Court.
r 1.06Jurisdiction not affected
Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules.
1.07-1.12 * * * * *
Part 3—Interpretation
r 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;
associate judge means an associate judge of the County Court;
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 physical or mental condition or disease;
CITEC Confirm means the authorised provider of civil electronic filing services as in operation in the Court from time to time;
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;
Rule 1.13(1) def. of County Court costs scale amended by S.R. No. 106/2019 rule 4, revoked by S.R. No. 135/2024 rule 5(1).
* * * * *
defendant includes respondent;
discoveryincludes 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;
Rule 1.13(1) def. of eCase inserted by S.R. No. 81/2023 rule 5.
eCase means the electronic system—
(a)
that provides for—
(i)
the lodging of documents produced in response to subpoenas;
(ii)
the inspection of those documents;
(iii)
the lodging of objections to the inspection of those documents; and
(iv)
the lodging of objections to the production of documents in response to subpoenas; and
(b)
that is in operation in the Court from time to time;
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;
proceedingmeans any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;
questionmeans 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;
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;
Rule 1.13(1) def. of Supreme Court costs scale inserted by S.R. No. 135/2024 rule 5(2).
Supreme Court costs scale means Appendix A to Chapter I of the Rules of the Supreme Court, and for the purposes of that scale the circuit fees are set out in Schedule 1;
the Act means the County Court Act 1958.
(2)
In these Rules, unless the context or subject matter otherwise requires—
(a)
a reference to a Judge is a reference to the Court constituted by a Judge;
(b)
a reference to an associate judge is a reference to the Court constituted by an associate judge;
(ba)
a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;
(c)
a reference to the Costs Court is a reference to—
(i)
the Costs Court constituted by a Costs Judge; and
(ii)
the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the Supreme Court Act 1986 or a Deputy Costs Registrar.
(3)
If these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.
Part 4—Miscellaneous
r 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 of its own motion or on the application of a party or of any person who has a sufficient interest.
r 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.
r 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.
r 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 in the Registrar's office; 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])".
r 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.
r 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.
Schedule C — DOCUMENTS THAT MUST BE SERVEDWITH THIS ORDER
Form 39A — Deed of guarantee, No provisions
Form 41A — Order for examination within Victoria, No provisions
Form 41B — Order for examination out of Victoria, No provisions
Form 41AA — Notice of application for audio visual link or audio link, No provisions
Part 1 — PARTICULARS OF APPLICATION, No provisions
Part 2 — PARTICULARS OF HEARING, No provisions
Form 41BA — Notice of intention to apply for leave in relation to confidential communication, No provisions
Form 41BB — Declaration by proposed recipient of the subpoena—physical production, No provisions
Form 42A — Subpoena to attend to give evidence, No provisions
Form 42B — Subpoena to produce, No provisions
Form 42C — Subpoena both to attend to give evidence and to produce, No provisions
Form 42AA — Subpoena for production to registrar, No provisions
Form 43A — Certificate identifying exhibit or exhibits, No provisions
Form 44A — Expert witness code of conduct, No provisions
Form 44AA — Court interpreters' Code of Conduct, No provisions
Form 45A — Summons on originating motion, No provisions
Form 46A — Summons, No provisions
Form 53A — Judgment in summary proceeding for recovery of land, No provisions
Form 53B — Warrant of possession in summary proceeding for recovery of land, No provisions
Form 59A — Notice of judgment, No provisions
Form 60A — General form of judgment given, No provisions
Form 60B — General form of judgment entered, No provisions
Form 60C — General form of order, No provisions
Form 60D — Judgment at trial by judge without a jury, No provisions
Form 60E — Judgment at trial by judge with a jury, No provisions
Form 60F — Judgment or order at trial of preliminary question, No provisions
Form 60G — Default judgment for debt, No provisions
Form 60H — Default judgment for recovery of land, No provisions
Form 60J — Interlocutory or interlocutory and final judgment fordamages or value in default, No provisions
Form 60K — Final judgment for damages or value in default, No provisions
Form 60L — Interlocutory or interlocutory and final judgment fordetention of goods in default, No provisions
Form 61A — Application to Registrar for order for payment of judgmentdebt by instalments, No provisions
Form 61B — Application to Registrar for order in substitution for order for payment of judgment debt by instalments, No provisions
Form 61C — Application to the Court for variation or cancellation of order for payment of judgment debt by instalments, No provisions
Form 61D — Order relating to payment of judgment debt by instalments, No provisions
Form 61E — Notice of order or refusal of order by Registrar for payment of judgment debt by instalments, No provisions
Form 61F — Notice of objection, No provisions
Form 61G — Notice of hearing of objection, No provisions
Form 61H — Notice by Court relating to payment of judgment debtby instalments, No provisions
Form 61J — Instalment agreement, No provisions
Form 61K — Order for instalment payment of judgment debt after agreement, No provisions
Form 61L — Notice of order for instalmentpayment of judgment debt after agreement, No provisions
Form 61M — Summons to attend for oral examination, No provisions
Form 61N — Warrant of apprehension on disobedience to summons, No provisions
Form 61P — Notice to judgment creditor ofsummons or warrant to judgment debtor, No provisions
Form 61Q — Notice by Court of confirmation, variation or cancellation of judgment debt instalment order, No provisions
Form 61R — Certificate of payment, No provisions
Form 64AB — Application for copy of Judge's notes, No provisions
Form 68A — Warrant of seizure and sale, No provisions
Form 68B — Warrant of possession, No provisions
Form 68C — Warrant of delivery, No provisions
Form 69A — Advertisement of sale by the sheriff, No provisions
Form 71A — Garnishee summons, No provisions
Form 71B — Garnishee order, No provisions
Form 71C — Garnishee order, No provisions
Form 72A — Attachment of earnings summons, No provisions
Form 72B — Affidavit in support of application for attachment of earnings orders, No provisions
Form 72C — Judgment debtor's statement of financial situation, No provisions
Form 72D — Summons for an order to attend for examination or furnish particulars, No provisions
Form 72E — Affidavit support of summons for an order to attend for examination or furnish particulars, No provisions
Form 72F — Order that judgment debtor attend or give statement, No provisions
Form 72G — Order that person indebted to oremployer of judgment debtor give statement, No provisions
Form 72H — Attachment of earnings order, No provisions
Form 72J — Notice to employer, No provisions
Form 72K — Notice by employer that judgment debtor is not in employer's employ, No provisions
Form 72L — Notice of cessation of attachment of earnings order, No provisions
Form 73A — Charging summons, No provisions
Form 73B — Affidavit as to stock, No provisions
Form 73C — Notice as to stock, No provisions
Form 75A — Arrest warrant in summary proceedings for contemptin face of County Court, No provisions
Form 75B — Arrest warrant in contempt proceedings by summonsor originating motion, No provisions
Form 75BA — Arrest warrant pending contempt hearing, No provisions
Form 75C — Committal warrant, No provisions
Form 80A — Request for service abroad of judicial documents and certificate, No provisions
Part 1 — REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS, No provisions
Part 2 — CERTIFICATE, No provisions
Form 80B — Summary of the document to be served, No provisions
Form 82A — Notice of application for suppression order, No provisions
Form 83A — Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order, No provisions
Form 83B — Application for leave to continue proceeding by person subject to extended litigation restraint order, No provisions
Form 83C — Application for leave to commence proceeding by person subject to extended litigation restraint order, No provisions
Form 83D — Application for leave to continue proceeding by person subject to general litigation restraint order, No provisions
Form 83E — Application for leave to commence proceeding by person subject to general litigation restraint order, No provisions
Form 83F — Notice of application for leave to proceed, No provisions
Form 83G — Application for leave to apply to vary or revoke litigation restraint order, No provisions
Form 83H — Application to vary or revoke litigation restraint order, No provisions
Form 83I — Notice of application to vary or revoke litigation restraint order, No provisions
