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These Rules constitute Chapter I of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court General Civil Procedure Rules 2020.
The object of these Rules is to remake with amendments the rules of procedure in civil proceedings in the Magistrates' Court of Victoria.
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
These Rules come into operation on 25 October 2020.
The Rules set out in the Schedule are revoked.
In this Part—
commencement date means 25 October 2020;
former Rules means the Magistrates' Court Civil Procedure Rules 2010;
pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied.
Subject to this Part and to any transitional or other provision in these Rules to the contrary, these Rules apply to every civil proceeding commenced in the Court, whether before, on or after the commencement date.
These Rules do not apply to a civil proceeding to which the following Rules of the Magistrates' Court apply except as those Rules provide—
the Magistrates' Court (Family Violence Protection) Rules 2018[1];
the Magistrates' Court (Occupational Health and Safety) Rules 2015[2];
the Magistrates' Court (Outworkers) Rules 2016[3];
the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[4];
the Magistrates' Court Authentication Rules 2011[5].
The revocation of the former Rules does not affect anything done or omitted to be done in a pending proceeding and, except as provided in these Rules, anything so done or omitted to be done is taken to have been done or omitted to be done under these Rules.
Nothing in these Rules limits the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules.
The overriding objective of these Rules is to enable the Court to deal with a case justly and in accordance with the requirements of the Civil Procedure Act 2010.
1.07–1.12 * * * * *
In these Rules—
Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
Rule 1.13 def. of authorised user revoked by S.R. No. 102/2022 rule 4(b).
* * * * *
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;
Rule 1.13 def. of CMS inserted by S.R. No. 102/2022 rule 4(a).
CMS means the computer system in operation in the Court from time to time which, among other things—
deals with process; and
issues documents; and
stores and retrieves documents and information;
Example
Process and court orders.
corporation means any body corporate, whether formed within or out of Victoria;
discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination and make discovery of documents means 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 def. of electronic communic-ation inserted by S.R. No. 102/2022 rule 4(a).
electronic communication has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
Rule 1.13 def. of electronic message revoked by S.R. No. 102/2022 rule 4(b).
* * * * *
Rule 1.13 def. of file electronically inserted by S.R. No. 102/2022 rule 4(a).
file electronically means any of the following—
lodging data or a document into CMS in accordance with the requirements of CMS;
sending a document by electronic communication for—
lodging into CMS in accordance with the requirements of CMS; or
storing in another computer storage and retrieval system in operation in the Court from time to time;
incorporated association has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
judgment creditor means a person entitled to enforce an order for the payment of money other than an order for the payment of money into court;
judgment debtor means a person required by an order to pay money otherwise than into court;
office of the Court means, in relation to a proper venue of the Court, the designated place at that venue of the Court at which documents may be filed;
order made means an order made by the Court at the hearing of a proceeding or on the hearing of an application in a proceeding;
person named means a person to whom a subpoena or a sealed copy is addressed;
personal representative has the same meaning as in section 5(1) of the Administration and Probate Act 1958;
plaintiff includes a claimant under section 44(1) of the Workers Compensation Act 1958;
proceeding means any matter in the Court commenced by complaint or as otherwise provided by or under any Act or these Rules;
public officer has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
registrar means the principal registrar or the registrar or deputy registrar of the Court at the proper venue of the Court in relation to a proceeding;
secretary has the same meaning as in section 3 of the Associations Incorporation Reform Act 2012;
sheriff includes—
the sheriff employed under section 6 of the Sheriff Act 2009; and
any person to whom a warrant referred to in these Rules is directed;
the Act means the Magistrates' Court Act 1989.
In these Rules, a reference to an Australian lawyer includes a reference to a firm of Australian lawyers.
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.
If the manner or form of the procedure—
for commencing, or for taking any step, in a proceeding; or
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 must determine what procedure is to be adopted and may give directions.
An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.
An application for directions with respect to the commencement of a proceeding must be made by complaint in which no person is named as defendant and an application for directions with respect to a proceeding already commenced must be made by application in the proceeding.
If 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.
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