r 82.03

Notice of application to review suppression order

In force

(1)

A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82B.

(2)

A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

Form 4A—Overarching obligations certification

Rule 4.09

Overarching Obligations Certification

[heading as in Form 5A]

In accordance with section 41 of the Civil Procedure Act 2010, I [name of party] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of that Act.

Dated: [insert date].

Signed

[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance]

Form 4AB—Certification of prior overarching obligations certification

Rule 4.09.1

Certification of Prior Overarching Obligations Certification

[heading as in Form 5A]

In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.

Dated: [insert date].

Signed

[To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court]

Form 4B—Proper basis certification

Rule 4.10(2)

Proper Basis Certification

[heading as in Form 5A]

In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present:

[in a civil proceeding which involves allegations of fact:]

*(a) each allegation of fact in the document has a proper basis;

*(b) each denial in the document has a proper basis;

*(c) there is a proper basis for each non-admission in the document.

[in a civil proceeding commenced by a complaint seeking a particular legal relief or remedy:]

*(a) each claim in the document has a proper basis;

*(b) each response in the document to a claim has a proper basis;

*(c) each question posed to the Court in the document has a proper basis;

*(d) each response in the document to each question posed to the Court has a proper basis.

Dated: [insert date].

Signed

*Delete if inapplicable.

* * * * *

Form 5A—Complaint

Rule 5.02(1)

Complaint

IN THE MAGISTRATES' COURT Court Number

OF VICTORIA

AT [insert proper venue]

BETWEEN A.B. Plaintiff

[full name]

[address]

and

C.D. Defendant

[full name]

[address of defendant]

1. The address for service of the plaintiff is—[address must be within Victoria if the plaintiff sues in person]

*2. Name and business address of the Australian lawyer for the plaintiff—[if the Australian lawyer is acting as agent for another Australian lawyer, state the name and business address of the principal lawyer]

*3. The plaintiff sues (or the defendant is sued) in the following representative capacity [e.g. as administrator of the estate of].

4. The email address for service on the plaintiff is—

NOTICE TO THE DEFENDANT

If you need an interpreter to help you read this document contact details for most languages are listed at www.mcv.vic.gov.au.

The plaintiff's claim against you is set out in the Statement of Claim.

You MUST READ the Statement of Claim.

IF YOU INTEND TO DEFEND this Complaint, YOU MUST GIVE NOTICE OF DEFENCE within 21 days of the day you were served with this Complaint, to—

(a)

the plaintiff (at the address for service of the plaintiff as stated above); and

(b)

the registrar of the Magistrates' Court of Victoria at [insert proper venue and address].

NOTICE OF DEFENCE must be given in the proper form (Form 8A, 2 copies of which have been served with this Complaint) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed.

IF YOU PAY the Plaintiff within 21 days of service of this Complaint the amount of $ [insert amount] and the costs of $ [insert amount] to the plaintiff or to the plaintiff's Australian lawyer without giving notice of defence and the plaintiff accepts that payment in full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance.

IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS of service of this Complaint and have not paid the claim and the costs, the plaintiff may, without there being a hearing of this claim by the Court and without giving you any further notice, apply to the Court for an ORDER (JUDGMENT) AGAINST YOU for the amount of the claim and interest and costs AND take steps to enforce the order (judgment) and obtain payment.

The Court's registrars do NOT provide legal or financial advice but may provide some information to you about the actions and processes you must undertake in order to defend this claim.

If before giving NOTICE OF DEFENCE, you wish to get FREE LEGAL or FINANCIAL ADVICE you may be able to do so from free legal advice services and free financial counselling services.

Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates' Court of Victoria's website at www.mcv.vic.gov.au.

Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you.

Payment of Judgment Debt by Instalments

IF YOU DO NOT defend this claim and do not reach agreement with the plaintiff relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome.

The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments.

STATEMENT OF CLAIM

1. [Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the defendant including particulars of every fact or matter.

If the claim arises by or under any statute, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.

If the claim arises out of a motor vehicle accident and the claim includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this complaint.]

2. [etc.]

DATE OF FILING:

THIS COMPLAINT IS VALID IF IT BEARS THE COURT NUMBER AND THE DATE OF FILING.

Dated: [insert date].

[To be signed by the plaintiff or the plaintiff's Australian lawyer]

*Delete if inapplicable.

Form 6A—Affidavit/declaration of service

Rule 6.17

AFFIDAVIT/DECLARATION OF SERVICE

[heading as in Form 5A]

I, [full name] of [address and occupation],

*make oath and say

*affirm and say

*declare that

I served [describe each document and whether it was a copy of a document or an original document]

on [name of the person served]

[State all relevant information and facts as required by Rule 6.17(1) in numbered paragraphs which may include answers to the following:

How did you identify the person you served and establish the person's identity?

Was the person you served the person named in the document(s) to be served?

At what time, day of the week and date did you serve the document(s) on the person?

Where was the person served the document(s)? For example, was it at the residence or the business of the person?

How was/were the document(s) served on the person? For example, by hand or by post?]

*[For affidavits] The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*[For statutory declarations] I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Sworn/Affirmed/ Declared at
[place]
in the State of Victoria on [date]
Before:


⎪

⎪


[Signed by person]

*authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

[Name and address in legible writing, typing or stamp]

*Delete if inapplicable.

Form 7A—Service out of Australia—Notice to defendant served out of Australia

Rule 7.05

Service out of Australia—Notice to defendant served out of Australia

[heading as in Form 5A]

To the Defendant:

1. You have been served with an originating process out of Australia under Rules 7.01.1 to 7.09 of the Magistrates' Court General Civil Procedure Rules 2020 of the Magistrates' Court of Victoria. A copy of those Rules is enclosed for your information. They show the scope of the jurisdiction of the Court in respect of claims against persons who are served out of Australia.

2. The grounds alleged by the plaintiff to support its claim to be entitled to serve you out of Australia are:

[specify grounds]

3. If you do not give notice of defence in accordance with the Rules of the Court, the Court may, on application made by you, make an order setting aside the complaint or its service on you or dismissing or staying the proceeding. Without limiting the Court's powers in this regard, the Court may make such an order if satisfied that—

(a)

the service was not authorised by the Rules of the Court; or

(b)

this Court is an inappropriate forum for the trial of the proceeding; or

(c)

the claim has insufficient prospects of success to warrant putting you to the time, expense and trouble of defending the claim.

4. Alternatively you may give notice of defence (in the form prescribed by the Rules of the Court) within the time required under the Rules of the Court.

5. If you give notice of defence, additional procedural obligations (such as an obligation to file a notice of defence) may apply to you in accordance with the Rules of the Court.

6. If you do not give notice of defence within the time required under the Rules of the Court and you have not made an application of a kind referred to in paragraph 3, the Court may give leave to the plaintiff to proceed against you without further notice.

Form 7AA—Subpoena to give evidence (New Zealand)

Rule 7A.07(a)

Subpoena to Give Evidence (New Zealand)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

Notice to Witness

Trans-Tasman Proceedings Act 2010

This Notice is very important.

Please read it and the attached document or documents very carefully.

If you have any trouble understanding these documents you should get legal advice as soon as possible.

Attached to this Notice is a subpoena.

The subpoena has been issued by the Magistrates' Court of Victoria.

The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).

This Notice—

● sets out your rights relating to the subpoena; and

● sets out your obligations relating to the subpoena; and

● includes information about the way in which you may make an application to have the subpoena set aside.

Filed on behalf of [name and role of party]

Prepared by [name of person/lawyer]

Law firm [if applicable]

Tel Fax

Address for service

[include State and postcode]

Your rights

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

2. An amount of money, or money and vouchers that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: 'Your obligations').

3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the Magistrates' Court of Victoria that you be paid the additional amount you incurred.

4. You may apply to the Magistrates' Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.

5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.

Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice.

Your obligations

Unless the subpoena is set aside, you must comply with the attached subpoena if—

(a)

when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either—

(i)

enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or

(ii)

a combination of money and vouchers (for example, travel tickets) to meet those expenses; and

(b)

you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and

(c)

the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and

(d)

service of the subpoena complied with any other conditions specified in the order; and

(e)

you are 18 years of age or older.

Failure to comply with the subpoena

If you do not comply with the subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.

Grounds for setting aside a subpoena

1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and—

(a)

you do not have the necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or

(b)

if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or

(c)

you are being prosecuted or you are liable to prosecution for an offence in Australia; or

(d)

you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or

(e)

you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).

2. The grounds on which the Court may set aside the subpoena include—

(a)

the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;

(b)

compliance with the subpoena would cause you hardship or serious inconvenience;

(c)

if the subpoena requires you to produce a document or thing and—

(i)

that document or thing should not be taken out of New Zealand; and

(ii)

satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.

Note: The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.

Procedure for applying to set aside a subpoena

1. Application must be made to the Magistrates' Court of Victoria.

2. You may fax your application to that Court on fax number [fax number of the Court].

3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.

4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.

5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.

6. If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand.

7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used.

SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

TO: [name and address]

You are ordered to attend to give evidence. See next page for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

Please read Notes 1 to 8 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Dated: [insert date].

Registrar

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of subpoena

Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

Notes:

Leave to serve subpoena

1. You need not comply with this subpoena unless it is accompanied by—

(a)

a copy of the order giving leave to serve this subpoena in New Zealand; and

(b)

a notice in the prescribed form that—

(i)

sets out your rights and obligations in relation to this subpoena; and

(ii)

includes information about the way in which an application to have this subpoena set aside may be made.

Last day for service

2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of this subpoena.

Informal service

3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.

Addressee a corporation

4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.

Applications in relation to subpoena

5. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.

Loss or expense of compliance

6. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Contempt of court—arrest

7. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

*Delete if inapplicable.

Form 7AB—Subpoena to produce documents (New Zealand)

Rule 7A.07(b)

Subpoena to Produce Documents (New Zealand)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

Notice to Witness

Trans-Tasman Proceedings Act 2010

This Notice is very important.

Please read it and the attached document or documents very carefully.

If you have any trouble understanding these documents you should get legal advice as soon as possible.

Attached to this Notice is a subpoena.

The subpoena has been issued by the Magistrates' Court of Victoria.

The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).

This Notice—

● sets out your rights relating to the subpoena; and

● sets out your obligations relating to the subpoena; and

● includes information about the way in which you may make an application to have the subpoena set aside.

Filed on behalf of [name and role of party]

Prepared by [name of person/lawyer]

Law firm [if applicable]

Tel Fax

Address for service

[include State and postcode]

Your rights

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: 'Your obligations').

5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.

Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice.

Your obligations

1. Unless the subpoena is set aside, you must comply with the attached subpoena if—

(a)

when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either—

(i)

enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or

(ii)

a combination of money and vouchers (for example, travel tickets) to meet those expenses; and

(b)

you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and

(c)

the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and

(d)

service of the subpoena complied with any other conditions specified in the order; and

(e)

you are 18 years of age or older.

2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.

You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.

When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.

Failure to comply with the subpoena

If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.

Grounds for setting aside a subpoena

1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and—

(a)

you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or

(b)

if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or

(c)

you are being prosecuted or you are liable to prosecution for an offence in Australia; or

(d)

you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or

(e)

2. The grounds on which the Court may set aside the subpoena include—

(a)

the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;

(b)

compliance with the subpoena would cause you hardship or serious inconvenience;

(c)

if the subpoena requires you to produce a document or thing and—

(i)

that document or thing should not be taken out of New Zealand; and

(ii)

satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.

Procedure for applying to set aside a subpoena

1. Application must be made to the Magistrates' Court of Victoria.

2. You may fax your application to that Court on fax number [fax number of the Court].

3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.

4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.

5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.

SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

TO: [name and address]

You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.

Please read Notes 1 to 16 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Dated: [insert date].

Registrar

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of subpoena

You must comply with this subpoena:

(a)

by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)

by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to—

(i)

the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or

(ii)

the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 6–12)

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

Registrar

Magistrates' Court of Victoria

[address]

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

Notes*

Leave to serve subpoena

1. You need not comply with this subpoena unless it is accompanied by—

(a)

a copy of the order giving leave to serve the subpoena in New Zealand; and

(b)

a notice in the prescribed form that—

(i)

sets out your rights and obligations in relation to this subpoena; and

(ii)

includes information about the way in which an application to have this subpoena set aside may be made.

Last day for service

2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of the subpoena.

Informal service

Addressee a corporation

4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.

Production of subpoena or copy of it and documents or things by delivery or post

5. In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to—

(a)

the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or

(b)

the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production.

6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.

7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Production of copy instead of original

9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A. The copy of a document may be—

(a)

a photocopy; or

(b)

in an electronic form that the issuing party has indicated will be acceptable.

Return or destruction of documents or copies

10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.

11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

12. You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.

Loss or expense of compliance

13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Banker's book

14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).

Contempt of court—arrest

15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

*Delete if inapplicable.

Form 7AC—Subpoena to give evidence and produce documents (New Zealand)

Rule 7A.07(c)

Subpoena to Give Evidence and Produce Documents (New Zealand)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

Notice to Witness

Trans-Tasman Proceedings Act 2010

This Notice is very important.

Please read it and the attached document or documents very carefully.

If you have any trouble understanding these documents you should get legal advice as soon as possible.

Attached to this Notice is a subpoena.

The subpoena has been issued by the Magistrates' Court of Victoria.

The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).

This Notice—

● sets out your rights relating to the subpoena; and

● sets out your obligations relating to the subpoena; and

● includes information about the way in which you may make an application to have the subpoena set aside.

Filed on behalf of [name and role of party]

Prepared by [name of person/lawyer]

Law firm [if applicable]

Tel Fax

Address for service

[include State and postcode]

Your rights

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

5. An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.

Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this Notice.

Your obligations

1. Unless the subpoena is set aside, you must comply with the attached subpoena if—

(a)

when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either—

(i)

enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or

(ii)

a combination of money and vouchers (for example, travel tickets) to meet those expenses; and

(b)

you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and

(c)

the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and

(d)

service of the subpoena complied with any other conditions specified in the order; and

(e)

you are 18 years of age or older.

You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.

Failure to comply with the subpoena

Grounds for setting aside a subpoena

1. The Court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and—

(a)

you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or

(b)

if you complied with the subpoena—you would be liable to be detained for the purpose of serving a sentence; or

(c)

you are being prosecuted or you are liable to prosecution for an offence in Australia; or

(d)

you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or

(e)

2. The grounds on which the Court may set aside the subpoena include—

(a)

the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;

(b)

compliance with the subpoena would cause you hardship or serious inconvenience;

(c)

if the subpoena requires you to produce a document or thing and—

(i)

that document or thing should not be taken out of New Zealand; and

(ii)

satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.

Procedure for applying to set aside a subpoena

1. Application must be made to the Magistrates' Court of Victoria.

2. You may fax your application to that Court on fax number [fax number of the Court].

3. Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.

4. The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.

5. The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.

SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

TO: [name and address]

You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.

Please read Notes 1 to 16 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Dated: [insert date].

Registrar

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of subpoena to give evidence

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

Details of subpoena to produce documents

In so far as you are required by this subpoena to produce this subpoena or a copy of it and documents or things, you must comply with this subpoena—

(a)

by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)

by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to—

(i)

(ii)

the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. (See Notes 6–12)

Date, time and place at which you must attend to produce this subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

Registrar

Magistrates' Court of Victoria

[address]

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

Notes:

Leave to serve subpoena

1. You need not comply with this subpoena unless it is accompanied by—

(a)

a copy of the order giving leave to serve this subpoena in New Zealand; and

(b)

a notice in the prescribed form that—

(i)

sets out your rights and obligations in relation to this subpoena; and

(ii)

includes information about the way in which an application to have this subpoena set aside may be made.

Last day for service

2. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

Addressee a corporation

4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.

Production of subpoena or copy of it and documents or things by delivery or post

(a)

the Registrar at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or

(b)

the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production.

Production of a number of documents or things

8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Production of copy instead of original

9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that this subpoena requires you to produce.

9A. The copy of a document may be—

(a)

a photocopy; or

(b)

in an electronic form that the issuing party has indicated will be acceptable.

Return or destruction of documents or copies

10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.

11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

Loss or expense of compliance

Banker's book

Contempt of court—arrest

15. Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

*Delete if inapplicable.

Form 7AD—Certificate of non-compliance with subpoena (New Zealand)

Rule 7A.10

Certificate of Non-compliance with Subpoena (New Zealand)

No. of 20

IN THE MAGISTRATES' COURT OF VICTORIA

APPLICANT[S] [Name of Applicant(s)]

RESPONDENT[S] [Name of Respondent(s)]

TO THE HIGH COURT OF NEW ZEALAND

The Magistrates' Court of Victoria certifies that—

(a)

the Court gave leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 of the Commonwealth on [insert date of leave]; and

(b)

[person named in subpoena] has failed to comply with the subpoena.

A copy of the subpoena and a copy of the order giving leave to serve in New Zealand are annexed to this certificate.

*No application to set aside the subpoena either wholly or in part has been made.

*An application to set aside the subpoena was dismissed by order made on [insert date]. A copy of this order is annexed to this certificate.

Date: [insert date]

Signed

*Delete if inapplicable.

Filed on behalf of [name and role of party]

Prepared by [name of person/lawyer]

Law firm [if applicable]

Tel Fax

Address for service

[include State and postcode]

Form 8A—Notice of defence

Rules 8.03(1), 10.04(7), 11.07(5)

Notice Of Defence

TO THE PLAINTIFF

AND TO THE REGISTRAR OF THE MAGISTRATES' COURT AT

TAKE NOTICE that the defendant intends to defend this complaint.

AND TAKE NOTICE that the defendant's defence is as follows [set out the defence of the defendant in paragraphs numbered consecutively with each fact or matter stated so far as practicable in a separate paragraph].

2. etc.

Notes

1. A defence—

(a)

must state which of the facts in the statement of claim are admitted, denied or not admitted—see Rule 13.02(1); and

(b)

if the proceeding is referred to arbitration, must state with particularity the date, place, circumstances, facts or other matters relied on in defence of the claim.

2. A defendant who in the defence does not state whether a fact stated in the statement of claim is admitted, denied, or not admitted, will be taken to admit the fact—see Rule 13.02(2).

3. A defendant who states that a fact stated in the statement of claim is denied must—

(a)

give the reason for denying the fact; and

(b)

if the defendant intends to prove a fact different from that stated in the statement of claim, state with necessary particulars the fact that the defendant intends to prove—see Rule 13.02(3).

4. Save with the leave of the Court, a defendant who states that a fact stated in the statement of claim is not admitted must not except in cross‑examination adduce any evidence with respect to that fact at the hearing of the proceeding—see Rule 13.02(4).

5. The defendant must state specifically with particulars any fact or matter which—

(a)

makes the claim of the plaintiff not maintainable; or

(b)

if not stated specifically, might take the plaintiff by surprise; or

(c)

raises questions of fact not arising out of the statement of claim—see Rule 13.02(5).

6. If the defence arises by or under any Act, the defence must identify the specific provision relied on—see Rule 13.02(6).

FILED: [insert date].

* Defendant

[signed]

* Defendant's Australian lawyer

[signed]

1. This notice was signed—

* by the defendant in person;

* for the defendant corporation by [name of person] of [address] who holds the position of [director, secretary or other person authorised in writing by the defendant corporation];

* for the defendant by [name or firm of Australian lawyer], Australian lawyer(s), of [business address of Australian lawyer].

2. The address of the defendant is—

[insert address].

3. The address for service of the defendant is—

[*If the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].

[*If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].

[*If neither of those Acts applies and the defendant appears in person] The address for service of the defendant within Victoria is [insert address of the defendant within Victoria, not being a post office box].

[*If neither of those Acts applies and the defendant defends by an Australian lawyer] The name or firm and the business address of the Australian lawyer of the defendant is [insert name or firm and business address].

[*If neither of those Acts applies and the Australian lawyer is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].

4. The email address for service of the defendant is—

*Delete if inapplicable.

Form 10A amended by S.R. No. 102/2022 rule 24.

Form 10A—Counterclaim

Rule 10.02(4) and 10.04(5)

Counterclaim

NAME AND ADDRESS of Australian lawyer for the defendant—

[If no Australian lawyer] Address for service of the defendant—

STATEMENT OF COUNTERCLAIM

[Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.

If the counterclaim arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.

If the counterclaim arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this counterclaim.]

TO THE PLAINTIFF

TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.

IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within 21 days of service upon you of this counterclaim, to—

(a)

the defendant; and

(b)

the registrar of the Magistrates' Court of Victoria at [insert proper venue].

IF YOU GIVE NOTICE OF DEFENCE, the Court will write to you and tell you of the hearing date.

IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.

1. The address of the defendant is—

[insert address].

2. The address for service of the defendant is—

[*If the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].

[*If the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].

[*If neither of those Acts applies and the Australian lawyer is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].

3. The email address of the defendant is—

[insert email address].

DATE OF FILING:

THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING

Dated: [insert date].

[To be signed by the defendant or the defendant's Australian lawyer]

Form 10B—Counterclaim

Rule 10.02(5) and 10.04(6)

Counterclaim

(service outside Australia)

NAME AND ADDRESS of Australian lawyer for the defendant—

[If no Australian lawyer] Address for service of the defendant—

STATEMENT OF COUNTERCLAIM

[Here set out in numbered consecutive paragraphs all the material facts relied on for the counterclaim against the plaintiff including particulars of every fact or matter.

TO THE PLAINTIFF

TAKE NOTICE that this counterclaim has been brought against you by the defendant as set out in the statement of counterclaim.

IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within the proper time to give notice of defence, to—

(a)

the defendant; and

(b)

the registrar of the Magistrates' Court of Victoria at [insert proper venue].

IF YOU GIVE NOTICE OF DEFENCE THE ADDRESS FOR SERVICE OF THE DEFENDANT MUST BE IN VICTORIA; and

THE COURT will write to you and tell you of the hearing date.

IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN THE PROPER TIME TO GIVE NOTICE OF DEFENCE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice.

*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—

(a)

where you are served with the counterclaim in Papua New Guinea, within 28 days after service;

(b)

where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(c)

where you are served with the counterclaim in any other place out of Australia, within 42 days after service.

DATE OF FILING:

THIS COUNTERCLAIM IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING

Dated: [insert date].

[To be signed by the defendant or the defendant's Australian lawyer]

Form 11A amended by S.R. No. 102/2022 rule 25.

Form 11A—Third party notice

Rules 11.02, 11.15(4)

Third Party Notice

IN THE MAGISTRATES' COURT 20 No. OF VICTORIA

BETWEEN A.B. Plaintiff

and

C.D. Defendant

and

E.F. Third Party

To E.F.

of [address]

If you need an interpreter to help you read this document contact details for most languages are listed at www.mcv.vic.gov.au.

TAKE NOTICE that—

(a)

the plaintiff has brought this proceeding against the defendant for the claim set out in the complaint and statement of claim; and

(b)

the defendant disputes the plaintiff's claim on the grounds set out in the defendant's Notice of Defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim indorsed on this notice.

IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE OF DEFENCE within the *proper time for giving Notice of Defence stated below.

NOTICE OF DEFENCE must be given in the proper form (Form 8A, 2 copies of which have been served with this Notice) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed.

YOU OR YOUR AUSTRALIAN LAWYER may file a Notice of Defence at the above venue of the Court.

IF YOU DO NOT give a Notice of Defence within the *proper time you will be taken to admit the validity of any final order (judgment) against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN A FINAL ORDER (JUDGMENT) AGAINST YOU without further notice.

*THE PROPER TIME TO GIVE NOTICE OF DEFENCE is as follows—

(a)

where you are served with the notice in Victoria, within 21 days after service;

(b)

where you are served with the notice out of Victoria and in another part of Australia, within 21 days after service;

(c)

where you are served with the notice in Papua New Guinea, within 28 days after service;

(d)

where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)

where you are served with the notice in any other place, within 42 days after service.

The Court's registrars do NOT provide legal or financial advice but may provide some information to you about the actions and processes you must undertake in order to dispute the plaintiff's claim against the defendant, or the defendant's claim against you.

If before giving NOTICE OF DEFENCE, you wish to get FREE LEGAL or FINANCIAL ADVICE you may be able to do so from free legal advice services and free financial counselling services.

Your local municipal council may also be able to provide contact details for community services in your area that may be able to assist you.

Payment of Judgment Debt by Instalments

IF YOU DO NOT defend this claim and do not reach agreement relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome.

The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments.

DATE OF FILING:

THIS THIRD PARTY NOTICE IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING

Dated: [insert date].

[To be signed by the defendant or the defendant's Australian lawyer]

Page 2

STATEMENT OF CLAIM

[Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the third party including particulars of every fact or matter.

If the claim against the third party arises by or under any Act, identify the specific provision relied on. State specifically the amount or other relief or remedy sought. State the place where and the date when the claim arose.

If the claim against the third party arises out of a motor vehicle accident and includes a claim for the cost of repairs to the vehicle or total loss of the vehicle, an itemised quotation of the cost of the repairs or an assessment of the loss (whichever is relevant) must be attached to this claim.]

Page 3

1. **This notice was filed—

(a)

by the defendant in person;

(b)

for the defendant by [name of firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer];

(c)

for the defendant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer] as agent for [name or firm of principal Australian lawyer], Australian lawyer, of [business address of principal].

2. The address of the defendant is—

3. The address for service of the defendant is—

4. The address of the third party is—

5. The email address of the third party is—

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

* [Strike out this paragraph where order made fixing time for giving notice of defence and substitute "THE PROPER TIME TO GIVE NOTICE OF DEFENCE is within days after service on you of this notice.]

** [Complete or strike out as appropriate.]

Form 11B—Notice claiming contribution

Rule 11.15(5)

Notice Claiming Contribution

[heading as in Form 5A]

TO THE DEFENDANT

TAKE NOTICE that the plaintiff has brought this proceeding against the defendants to recover damages for loss sustained [give brief statement of plaintiff's claim].

AND TAKE NOTICE that the [identify party] claims to be entitled to contribution from you in respect of any sum which the plaintiff may recover against that party in the proceeding [where appropriate to the extent of such amount as may be found by the Court to be just and equitable, having regard to your responsibility for such damages on the ground that [insert ground(s)]].

FILED: [insert date].

Registrar

Form 12A—Stakeholder's interpleader summons

Rule 12.02(3)(c)

Stakeholder's Interpleader Summons

[heading as in Form 5A]

To [the claimants]

of [address]

The claimant or claimants, [name of claimant or claimants] has claimed the goods [or certain goods] [if only certain goods are claimed, list them] [or the proceeds of sale of [goods]] that are property in dispute in this proceeding.

TAKE NOTICE that the Court will hear the claim at [time] on [date].

Dated: [insert date].

Registrar

Form 12B—Notice of claim to goods taken in execution

Rule 12.05(1)(b)

Notice of Claim to Goods Taken in Execution

[heading as in Form 5A]

To the [execution creditor]

of [address]

TAKE NOTICE that A.B. has claimed the goods [or certain goods] [where only certain goods are claimed here enumerate them] taken in execution by the sheriff under the warrant of execution issued in this proceeding.

WITHIN 5 days of service of this notice on you, you may serve notice in writing on the sheriff stating whether you admit or dispute the claim of A.B. to the goods.

IF you do not within the period of 5 days after service of this notice serve notice on the sheriff stating that you admit the claim or if within the period of 5 days you serve notice in writing on the sheriff that you dispute the claim, the sheriff may apply to the Court by summons for relief by way of interpleader. If you serve notice in writing on the sheriff stating that you admit the claim you will not be liable for any fees or expenses incurred by the sheriff after the notice is given.

Dated: [insert date].

Sheriff

Form 12C—Sheriff's interpleader summons

Rule 12.07(2)(c)

Sheriff's Interpleader Summons

[heading as in Form 5A]

To [execution creditor]

of [address]

and

To the [claimant]

of [address]

The claimant, [name of claimant] has claimed the goods [or certain goods] [if only certain goods are claimed, list them] [or the proceeds of sale of [goods]] taken in execution by [person to whom warrant was directed] under the warrant to seize property in this proceeding.

TAKE NOTICE that the Court will hear the claim at [time] on [date].

Dated: [insert date].

Registrar

Form 15A—Order approving compromise of claim of person under a disability

Rule 15.08(7)

ORDER APPROVING COMPROMISE OF CLAIM OF PERSON UNDER A DISABILITY

[heading as in Form 5A]

MAGISTRATE:

DATE MADE:

HOW OBTAINED:

[state whether on application by summons before hearing with date of summons, or at hearing with date of commencement of hearing]

ATTENDANCE:

OTHER MATTERS:

1. The plaintiff was born on [insert date of birth].

2. By a compromise entered into on [insert date] the defendant proposes to pay and the plaintiff desires to accept $ for the benefit of the plaintiff and the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceeding.

3. The Court read the following material:

(a)

[identify affidavits by date and name of deponent];

(b)

the exhibits to the affidavits including the opinion of of Counsel dated [insert date].

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

1. [where order is made by a Magistrate] There be special leave for the application to be made to a Magistrate.

2. The compromise be approved.

3. The defendant within [insert number of days] days after service of a copy of this order on the defendant's Australian lawyers pay $ to the Senior Master of the Supreme Court for the benefit of the plaintiff [where appropriate and $ to the Australian lawyers for the plaintiff, to be disbursed or retained by them in payment of the items totalling $ referred to in the affidavit of dated [insert date]].

4. The costs of the plaintiff, including the costs of this application, be taxed, and when taxed, paid by the defendant.

5. Subject to any further order, the Senior Master of the Supreme Court invest $ for the plaintiff to be paid out with the interest accrued thereon to the plaintiff upon his or her attaining the age of 18 years.

6. Upon payment by the defendant of the sum[s] and costs referred to, the proceeding be forever stayed.

7. Each party have liberty to apply.

8. The exhibits to the affidavits [where appropriate and a transcript of the evidence with respect to the application] be transmitted to the Senior Master's clerk.

DATE AUTHENTICATED:

Registrar

Form 19A—Notice of a constitutional matter

Rule 19.02(3)

Notice of a Constitutional Matter

[heading as in Form 5A]

1. The [party whose case raises the matter] gives notice that this proceeding involves a matter under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth.

2. [State specifically the nature of the matter].

3. [State the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies].

Dated: [insert date].

[Signed]

To the registrar

And to

Form 21A—Application for order in default of defence

Rule 21.01(2)(a)

Application for Order in Default of Defence

[heading as in Form 5A]

Nature of complaint [state shortly]

1. The plaintiff applies for an order for the claim with interest to the date of the order and costs shown below.

2. The defendant has not given notice of defence to the plaintiff.

3. An affidavit/declaration of service of the complaint has been filed.

4. Details of the order sought are:

CLAIM

Claim	$
Less amounts paid since claim	$
	$

INTEREST

Date of issue of complaint:
to , days @ %	$
to , days @ %	$
	$

[Attach schedule where necessary]

COSTS

Professional costs	$
Fee on complaint	$
Fee on this application	$
Service fee	$
Attempted service fee(s)—total	$
Distance fee	$
Search fee	$
Necessary affidavit(s) [specify]	$
Other(s) [specify]	$
Subtotal	$
Less any costs paid	$
	$

Dated: [insert date].

[plaintiff or plaintiff's Australian lawyer]

Form 21B—Application for an order for costs

Rule 21.08(2)

Application for an Order for Costs

[heading as in Form 5A]

Nature of complaint [state shortly]

1. The defendant applies for an order for costs against the plaintiff.

2. The complaint was dismissed on [insert date or date of noncompliance].

3. Details of the order sought are:

COSTS

Instructions to defend	$
Fee on this application	$
Necessary affidavit(s) [specify]	$
Other(s) [specify]	$

Dated: [insert date].

[defendant or defendant's Australian lawyer]

Form 22A—Summons for application for summary judgment by plaintiff

Rule 22.04(1A)

Summons for Application for Summary Judgment by Plaintiff

(Section 61 of the Civil Procedure Act 2010)

[heading as in Form 5A]

To: [insert name of the defendant].

You are summoned to attend before the Court on the hearing of an application by the plaintiff for summary judgment in the proceeding.

Nature of complaint [state shortly]

1. The plaintiff applies for summary judgment of the claim with interest to the date of the judgment and costs on the grounds set out in the accompanying affidavit(s).

2. UNLESS you satisfy the Court, by affidavit or otherwise, that you have a real prospect of success of defending the claim or part of the claim, or disclose facts deemed by the Court sufficient to entitle you to defend the claim, or part of the claim, the Court may give judgment in favour of the plaintiff for the amount of the claim, or part of the claim.

3. The application will be heard in the Magistrates' Court of Victoria at on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED: [insert date].

Registrar

This summons was filed by , Australian lawyer for the [identify party].

Form 22B—Summons for application for summary judgment by defendant

Rule 22.17

Summons for Application for Summary Judgment by Defendant

(Section 62 of the Civil Procedure Act 2010)

[heading as in Form 5A]

To: [insert name of the plaintiff].

You are summoned to attend before the Court on the hearing of an application by the defendant for summary judgment in the proceeding.

1. The defendant applies for summary judgment in the proceeding and costs [*on the grounds set out in the accompanying affidavit(s)].

2. UNLESS you satisfy the Court, by affidavit or otherwise, that your claim, or part of your claim, has a real prospect of success, or disclose facts deemed by the Court sufficient to entitle you to make your claim, or part of your claim, the Court may give judgment in favour of the defendant.

3. The application will be heard in the Magistrates' Court of Victoria at on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

FILED: [insert date].

Registrar

This summons was filed by , Australian lawyer for the [identify party].

*Delete if inapplicable.

Form 28A revoked by S.R. No. 102/2022 rule 26.

* * * * *

Form 29A—Notice for discovery

Rule 29.02(2)

Notice for Discovery

[heading as in Form 5A]

To the [identify party]

You are required to make discovery of documents within 28 days after service of this notice on you.

Dated: [insert date].

[Signed]

Form 29B—Affidavit of documents

Rule 29.04

Affidavit of Documents

[heading as in Form 5A]

I, the abovenamed [insert name], *make oath/*affirm and say as follows:

1. I have in my possession, custody or power, the documents enumerated in Schedule 1 which are required to be discovered.

2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to produce them. The documents are privileged on the ground—

(a)

as to documents numbered 4 to 6, that [state the ground];

(b)

as to document numbered 7, that [state the ground].

3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 which are required to be discovered.

4. Document numbered [e.g. 8], referred to in Schedule 2, was last in my possession, custody or power on [state when] and I believe that [state belief as to what has become of it].

5. To the best of my knowledge, information and belief neither I nor my Australian lawyer nor any other person on my behalf has now, or ever had, in my or his, her or its possession, custody or power, any document required to be discovered, other than the documents enumerated in the said Schedules 1 and 2.

*6. In making a reasonable search as required by Rule 29.01.1 of the Magistrates' Court General Civil Procedure Rules 2020, I did not search for the following category or class of document [specify which category or class of document for which no search was made].

*7. The reason why I did not make a search for the category or class of documents referred to in clause 6 is [specify reason].

[Describe each document in the Schedules as original or copy.]

SCHEDULE 1

Part 1

Part 2

SCHEDULE 2

*Sworn/*Affirm, etc.

*Delete if inapplicable.

Form 29C—Notice to produce

Rules 29.09(3), 29.10(5)

Notice to Produce

[heading as in Form 5A]

To the [identify party]

TAKE NOTICE that the [identify party] requires you to produce for that party's inspection the following documents referred to in your [complaint, pleading, particulars, affidavit, etc.] [describe documents required].

Dated [insert date].

[Signed]

Form 29D—Notice of default in making discovery of documents

Rule 29.12.1(2)

Notice of Default in Making Discovery of Documents

[heading as in Form 5A]

To the [identify party]

YOU have failed to make discovery of documents to the [identify party] within the time limited by the Rules [or fixed by order of the Court made on [insert date]].

TAKE NOTICE that unless you make discovery of documents to the [identify party] within 14 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [or the defendant will apply to the Court for an order that the proceeding be dismissed].

Dated [insert date].

[Signed]

Form 30A—Notice of default in answering interrogatories

Rule 30.09.1(2)

Notice of Default in Answering Interrogatories

[heading as in Form 5A]

To the [identify party]

YOU have failed to answer interrogatories served by the [identify party] for your examination within the time limited by the Rules [or fixed by order of the Court made on [insert date]].

TAKE NOTICE that unless you answer the interrogatories within 14 days of the day of service of this notice on you the plaintiff will apply to the Court for an order that the defence served by you be struck out [or the defendant will apply to the Court for an order that the proceeding be dismissed].

Dated: [insert date].

[Signed]

Form 35A—Notice to admit

Rules 35.03(4), 35.05(4)

Notice to Admit

[heading as in Form 5A]

To the [identify party]

TAKE NOTICE that if you do not, within [specify a number not less than 14] days after service of this notice upon you, serve a notice upon the [identify party] disputing any fact specified [or the authenticity of any document mentioned] below, that fact [or the authenticity of that document] must, for the purpose of this proceeding only, be taken to be admitted by you in favour of the [insert party]. If you do serve a notice disputing that fact [or the authenticity of that document], and afterwards that fact [or the authenticity of that document] is proved, you must pay the costs of proof, unless the Court otherwise orders.

2. [specify each fact]

1. [mention each document]

Dated: [insert date].

[Signed]

Form 35B—Notice of dispute

Rules 35.03(4), 35.05(4)

Notice of Dispute

[heading as in Form 5A]

To the [identify party]

The [identify party] disputes the following facts specified in the [insert party]'s notice dated [insert date of notice].

[identify each fact]

The [identify party] disputes the authenticity of the following documents mentioned in the [identify party]'s notice dated [insert date of notice].

[identify each document]

Dated: [insert date].

[Signed]

Form 37AA—Freezing order

Rule 37A.02(3)

Freezing Order

[title of proceeding]

PENAL NOTICE

TO: [name of person against whom the order is made]

IF YOU:

(A)

REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)

DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,

YOU WILL BE LIABLE TO IMPRISONMENT, OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO: [name of person against whom the order is made]

This is a freezing order made against you on [insert date] by Magistrate [insert name of Magistrate] at a hearing without notice to you after the Court has been given the undertakings set out in Schedule A to this order and after the Court has read the affidavits listed in Schedule B to this order¹.

The applicant has given to the Court the undertakings set out in Schedule A to this order.

THE COURT ORDERS:

INTRODUCTION

(a)

The application for this order is made returnable immediately.

(b)

The time for service of [describe documents required to be served] is abridged and service is to be effected by [insert time and date]².

2. Subject to the next paragraph, this order has effect up to and including [insert date] (the return date). On the return date there will be a further hearing in respect of this order at [insert time] a.m./p.m. before Magistrate [insert name of Magistrate]³.

3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

4. In this order—

(a)

applicant, if there is more than one applicant, includes all the applicants;

(b)

you, where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)

third party means a person other than you and the applicant;

(d)

unencumbered value means value free of mortgages, charges, liens or other encumbrances.

(a)

If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)

If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

[For order limited to assets in Australia]

(a)

You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets which are in Australia (Australian assets) up to the unencumbered value of AUD$ (the relevant amount).

(b)

If the unencumbered value of your Australian assets exceeds the relevant amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the relevant amount.

[If the Court makes a world wide order, the following additional paragraph (c) also applies]

(c)

If the unencumbered value of your Australian assets is less than the relevant amount, and you have assets outside Australia (ex‑Australian assets)—

(i)

you must not dispose of, deal with or diminish the value of any of your Australian assets and ex‑Australian assets up to the unencumbered value of your Australian and ex‑Australian assets of the relevant amount; and

(ii)

you may dispose of, deal with or diminish the value of any of your ex‑Australian assets, so long as the unencumbered value of your Australian assets and ex‑Australian assets still exceeds the relevant amount.

[For either form of order]

7. For the purposes of this order—

(a)

your assets include—

(i)

all your assets, whether or not they are in your name and whether they are solely or co‑owned; and

(ii)

any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

(iii)

the following assets in particular—

(A)

the property known as [title/address] or, if it has been sold, the net proceeds of the sale;

(B)

the assets of your business [known as [name]] [carried on at [address]] or, if any or all of the assets have been sold, the proceeds of the sale; and

(C)

any money in account [numbered account number] [in the name of [insert name]] at [name of bank and name and address of branch];

(b)

the value of your assets is the value of the interest you have individually in your assets.

PROVISION OF INFORMATION⁴

8. Subject to paragraph 9, you must—

(a)

at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in [Australia] [world wide], giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

(b)

within [insert number of days] working days after being served with this order, swear or affirm and serve on the applicant an affidavit setting out the above information.

(a)

This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you—

(i)

have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)

are liable to a civil penalty.

(b)

This paragraph 9 also applies if you are a corporation and all persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—

(i)

have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)

are liable to a civil penalty.

(c)

You must—

(i)

disclose so much of the information required to be disclosed to which no objection is taken; and

(ii)

prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and

(iii)

file and serve on each other party a separate affidavit setting out the basis of the objection.

EXCEPTIONS TO THIS ORDER

10. This order does not prohibit you from—

(a)

paying [up to $.................. a week/day on] [your ordinary] living expenses;

(b)

paying [$.....................on] [your reasonable] legal expenses;

(c)

dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred;

(d)

in relation to matters not falling within subparagraphs (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least 2 working days written notice of the particulars of the obligation.

11. You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may thereafter order that the exceptions are varied accordingly.

12.

(a)

The order will cease to have effect if you—

(i)

pay the sum of $........... into Court; or

(ii)

pay that sum into a joint bank account in the name of your Australian lawyer and the Australian lawyer for the applicant as agreed in writing between them; or

(iii)

provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)

Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)

If this order ceases to have effect pursuant to subparagraph (a), you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

13. The costs of this application are reserved.

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

14. Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

15. Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

[For world wide order]

16. Persons outside Australia

(a)

Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)

The terms of this order will affect the following persons outside Australia—

(i)

you and your directors, officers, employees and agents (except banks and financial institutions);

(ii)

any person (including a bank or financial institution) who—

(A)

is subject to the jurisdiction of this Court;

(B)

has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)

is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(iii)

any other person (including a bank or financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

[For world wide order]

17. Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

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