r 1.13

Definitions

In force

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—

(a)

deals with process; and

(b)

issues documents; and

(c)

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—

(a)

lodging data or a document into CMS in accordance with the requirements of CMS;

(b)

sending a document by electronic communication for—

(i)

lodging into CMS in accordance with the requirements of CMS; or

(ii)

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—

(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;

the Act means the Magistrates' Court Act 1989.

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