VersionNo. 008
Magistrates' Court General Civil Procedure Rules 2010
S.R. No. 140/2010
Version incorporating amendments as at
31 March 2013
table of provisions
RulePage
1
RulePage
Order 1
PRELIMINARY
PART 1—OBJECT, AUTHORISING PROVISIONS, COMMENCEMENT AND REVOCATION
1.01Title and object
1.02Authorising provisions
1.03Commencement
1.04Revocation
PART 2—APPLICATION OF RULES
1.05Definitions
1.06Application
1.07Jurisdiction not affected
PART 3—INTERPRETATION
1.13Definitions
1.13.1References to Australian lawyer
PART 4—MISCELLANEOUS
1.15Procedure wanting or in doubt
1.16Act by corporation
1.17Corporation a party
1.18Power to act by Australian lawyer
1.19Continuation of address for service
1.20Proceedings other than in open court
PART 5—OVERRIDING OBJECTIVE AND CASE MANAGEMENT
1.21Overriding objective
1.22Duty of parties
1.23Exercise of power
1.24Case management
Order 2
NONCOMPLIANCE WITH THE RULES
2.01Effect of noncompliance
2.02Commencement of proceeding or complaint
2.03Application to set aside for irregularity
2.04Dispensing with compliance
Order 3
TIME, SITTINGS, COURT OFFICE AND DOCUMENTS
3.01Calculating time
3.02Extension and abridgement
3.03Fixing time
3.04Process in vacation
3.05Time for service
3.06Proceedings after a year
Order 4
PROCESS IN THE COURT
Part 1—General
4.01Claim not to be divided
4.03Names, addresses and representation of parties
4.04Commencement of proceedings
4.08Urgent cases
4.08.1Requirements for filing a complaint by an electronic
message
4.08.2Complaints by electronic message to comply with Rules
when served
4.08.3Copy of complaint commenced by electronic message to be provided on request
4.08.4Other miscellaneous matters
Part 2—Certification Requirements FOR Proceedings
4.09Overarching obligations certification
4.09.1Certification of prior overarching obligations certification
4.10Proper basis certification
4.10.1Filing of certificates
4.10.2Copy of certificate filed by electronic message to be provided on request
Order 5
FORM OF COMPLAINT
5.02Form of complaint
5.05Motor vehicle collision
5.09Costs to be specified
5.12Duration
Order 6
SERVICE
6.01When personal service necessary
6.02Complaint to be served personally
6.03How personal service effected
6.04Service on particular defendants
6.05Claims for personal injury
6.06Address for service
6.06.1Australian lawyer changing address
6.07How ordinary service effected
6.08Identity of person served
6.09Acceptance of service by Australian lawyer
6.10Substituted service
6.11Confirmation of informal service
6.12Service by filing
6.13Service on agent
6.14Service under contract
6.16Service of notice by the Court
6.17Affidavit or declaration of service
Order 7
SERVICE OUT OF AUSTRALIA
7.01For what claims
7.02Form of complaint and indorsement
7.03Mode of service out of Australia
7.04Leave to apply for an order
7.05Stay, setting aside service etc.
7.06Service of other process by leave
7.07Service of counterclaim or third party notice
7.08Application for leave
Order 8
NOTICE OF DEFENCE
8.01Time for giving notice of defence
8.02Late giving of notice of defence
8.03Contents and form of notice of defence
8.04Method of filing of notice of defence
Order 9
JOINDER OF CLAIMS AND PARTIES
9.01Joinder of claims
9.02Joinder of parties permitted
9.03Joinder of necessary parties
9.04Joinder inconvenient
9.05Effect of misjoinder or non-joinder of party
9.06Addition, removal, substitution of party
9.07Procedure for addition of party
9.08Defendant dead at commencement of proceeding
9.09Change of party on death, bankruptcy
9.10Failure to proceed after death of party
9.11Amendment of proceedings after change of party
9.12Consolidation or hearing together
9.13Conduct of proceeding
Order 10
COUNTERCLAIM
10.02When counterclaim allowed
10.03Counterclaim against plaintiff and another person
10.04Procedure after counterclaim against another person
10.05Hearing of counterclaim
10.06Counterclaim inconvenient
10.07Stay of claim
10.08Counterclaim on stay etc. of original proceeding
10.09Order for balance
Order 11
THIRD PARTY PROCEDURE
11.01Claim by third party notice
11.02Statement of claim on third party notice
11.04Filing and service of third party notice
11.05Time for third party notice
11.06Leave to file third party notice
11.07Other requirements for service
11.09Defence of third party
11.10Counterclaim by third party
11.11Default by third party
11.12Discovery and hearing
11.13Third party directions
11.14Final order between defendant and third party
11.15Claim against another party
11.16Fourth and subsequent parties
11.17Counterclaim
Order 12
INTERPLEADER
12.01Definitions
12.02Stakeholder's interpleader
12.03Sheriff's interpleader
12.04Sheriff's summons to state claim
12.05Notice to execution creditor
12.06Admission of claim
12.07Interpleader summons
12.08Powers of Court
12.09Default by claimant
12.10Neutrality of applicant
12.11Order in several proceedings
12.12Hearing of interpleader question
Order 13
PLEADINGS
13.01Statement of claim
13.02Defence
13.03Reply
13.04Alternative allegations
13.05Particulars from plaintiff
13.06Particulars from defendant
13.07Time for giving notice
13.08Particulars to be filed
13.09Counterclaim and third party claim
13.10Failure to give particulars
Order 15
PERSON UNDER DISABILITY
15.01Definition
15.02Litigation guardian of person under disability
15.03Appointment of litigation guardian
15.04No notice of defence given by person under disability
15.05Application to discharge or vary certain orders
15.06Pleading admission by person under disability
15.07Discovery
15.08Compromise of claim by a person under disability
Order 17
PARTNERS AND SOLE PROPRIETORS
17.01Partners
17.02Disclosure of partners
17.03Service of complaint
17.04Notice of defence of partners
17.05No notice of defence except by partners
17.06Notice of defence under objection of person sued as partner
17.07Order against partners
17.08Enforcement between partners
17.09Garnishee orders
17.10Person using the business name
Order 19
NOTICE OF CONSTITUTIONAL MATTER
19.01Definitions
19.02Notice
19.03Filing and service
Order 20
CHANGE OF AUSTRALIAN LAWYER
20.01Notice of change
20.02Party appointing Australian lawyer
20.03Australian lawyer ceasing to act
20.04Removal of Australian lawyer from record
20.05Address for service
20.06Death, retirement etc. of Victorian or Australian Government Solicitor
Order 21
ORDER IN DEFAULT OF DEFENCE OR COMPLIANCE
PART 1—ORDER IN DEFAULT OF DEFENCE
21.01Plaintiff may apply for order
21.02Affidavit required
21.03Application by electronic message
21.04Registrar may make order or refer to Court
21.05Proceeding continued against other defendants
21.06Default of defence to counterclaim
21.07Setting aside order
PART 2—ORDER IN DEFAULT OF COMPLIANCE
21.08Defendant may apply for costs order
21.09Applications under Rule 21.08
21.10Registrar may make order or refer to Court
PART 3—DISMISSAL OF CERTAIN PROCEEDINGS
21.11Dismissal of complaints
21.12Dismissal of certain adjourned proceedings
21.13Reinstatement
Order 22
SUMMARY ORDER
22.01Application
22.02Application for an order
22.03Affidavit in support
22.04Defendant to show cause
22.05Affidavit in reply
22.06Hearing of application
22.07Cross-examination on affidavit
22.08Order on counterclaim
22.10Order where debt amount unascertained
22.11Directions
22.12Continuing for other claim or against other defendant
22.15Setting aside order
Order 23
SUMMARY STAY OR DISMISSAL OF CLAIM AND STRIKING OUT STATEMENT OF CLAIM OR DEFENCE
23.01Stay or order in proceeding
23.02Striking out pleading
23.03Summary order
23.04Affidavit evidence
Order 24
ORDER ON FAILURE TO PROSECUTE OR OBEY ORDER FOR PARTICULARS OR DISCOVERY
24.01Order on dismissal
24.02Failure to obey order
24.03Stay on non-payment of costs
24.04Counterclaim and third party claim
24.06Setting aside order
Order 25
DISCONTINUANCE AND WITHDRAWAL
25.01Withdrawal of notice of defence
25.02Discontinuance or withdrawal of proceeding or claim
25.02.1Small claims—discontinuance or withdrawal of proceeding
or claim
25.04Notice of discontinuance or withdrawal
25.05Costs
25.06Discontinuance or withdrawal no defence
25.07Stay on non-payment of costs
Order 26
OFFER OF COMPROMISE
PART 1—INTERPRETATION
26.01Definitions
PART 2—OFFER OF COMPROMISE
26.02Application
26.03Time for making, accepting etc. offer
26.03.1Time for payment
26.04Effect of offer
26.05Disclosure of offer to Court
26.06Party under disability
26.07Failure to comply with accepted offer
26.08Costs consequences of failure to accept
26.09Multiple defendants
26.10Offer to contribute
Order 27
CONTENT AND FORM OF COURT DOCUMENTS
27.01Conformity with Rules
27.02Heading and title of document
27.03Form of document
27.04Numbers
27.05Copies on request
27.06Registrar refusing to accept documents
27.07Scandalous matter
Order 28
FILING
28.01Filing of documents
28.03Validity of complaint, counterclaim or third party notice
28.04Seal of Court
28.05Filing by electronic message
Order 29
DISCOVERY AND INSPECTION OF DOCUMENTS
29.01Definition
29.01.1Scope of discovery
29.02Notice for discovery
29.03Time for making discovery
29.04Affidavit of documents
29.05Order limiting discovery
29.05.1Order for general discovery
29.05.2Order for expanded discovery
29.06Co-defendants and third party
29.08Order for particular discovery
29.09Inspection of documents referred to in affidavit of
documents
29.10Inspection of documents referred to in pleadings and
affidavits
29.11Order for discovery
29.12Direction as to documents
29.12.1Default notice
29.13Inspection of document by Court
29.15Continuing obligation to make discovery
29.16Discovery after directions
Order 30
INTERROGATORIES
30.01Definitions
30.02When interrogatories allowed
30.03Statement as to who to answer
30.04Filing interrogatories and time for answers
30.05Source for answers to interrogatories
30.06How interrogatories to be answered
30.07Ground of objection to answer
30.08Who to answer interrogatories
30.09Failure to answer interrogatories
30.09.1Default notice
30.11Answers as evidence
30.12Interrogatories after directions
Order 32
PRELIMINARY DISCOVERY AND DISCOVERY FROM NONPARTY
32.01Definitions
32.02Privilege
32.03Discovery to identify a defendant
32.04Party an applicant
32.05Discovery from prospective defendant
32.06Party an applicant
32.07Discovery from non-party
32.08Procedure
32.09Inspection of documents
32.10Directions as to documents
32.11Costs
Order 33
MEDICAL EXAMINATION AND SERVICE OF HOSPITAL ANDMEDICAL REPORTS
33.01Application
33.02Counterclaim
33.03Definitions
33.04Notice for examination
33.05Expenses
33.06Report of examination of plaintiff
33.07Service of reports by plaintiff
33.08Service of reports by defendant
33.09Other medical reports to be served
33.10Opinion on liability
33.11Medical report admissible
33.12No evidence unless disclosed in report
Order 35
ADMISSIONS
35.01Definition
35.02Voluntary admission of facts
35.03Notice for admission of facts
35.04Order on admissions
35.05Notice for admission of documents
35.06Cost of non-admission of fact or document
35.07Restrictive effect of admission
35.08Notice to produce documents
Order 36
AMENDMENT
36.01General power of amendment
36.02Failure to amend within time limited
36.03Amendment of pleading
36.04Disallowance of pleading amendment
36.05Registrar's power of amendment
36.06How pleading amendment made
36.07Pleading to an amended pleading
36.08Amendment of order
Order 37
INSPECTION, DETENTION AND PRESERVATION OF PROPERTY
37.01Inspection, detention etc. of property
37.02Inspection from prospective defendant
37.03Procedure
37.04Disposal of perishable property
37.05Payment into Court in discharge of lien
37.07Jurisdiction of Court not affected
Order 37A
FREEZING ORDERS
37A.01Definitions
37A.02Freezing order
37A.03Ancillary order
37A.04Respondent need not be party to proceeding
37A.05Order against judgment debtor or prospective judgment debtor or third party
37A.06Jurisdiction of Court not limited
37A.07Service
37A.08Costs
37A.09Application to be heard by magistrate
Order 37B
SEARCH ORDERS
37B.01Definitions
37B.02Search order
37B.03Requirements for grant of search order
37B.04Jurisdiction of Court not limited
37B.05Terms of search order
37B.06Independent Australian lawyers
37B.07Costs
37B.08Service
37B.09Application to be heard by magistrate
Order 38
INJUNCTIONS
38.01When Court may grant
38.02Application before hearing
38.03Costs and expenses of non-party
Order 40
EVIDENCE GENERALLY
40.02Evidence of witness
40.03Contrary direction as to evidence
40.04Examination on affidavit
40.05Evidence of particular facts
40.06Revocation or variation of order
40.07Deposition as evidence
40.08Proof of Court documents
40.09Evidence of consent
40.10Defamation
40.11Subsequent use of evidence at hearing
40.12Attendance and production
40.13View
40.14Quotation or assessment as evidence
40.15Person about to leave Victoria may be ordered to be examinedor to produce documents
Order 41A
APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT1958
41A.01Application of Order
41A.02Form of application
41A.03Filing
41A.04Service
41A.05Duty of applicant
41A.06Payment of costs
Order 42
SUBPOENAS
42.01Definitions
42.02Issuing of subpoena
42.03Form of subpoena
42.03.1Alteration of date for attendance or production
42.04Setting aside or other relief
42.05Service
42.06Compliance with subpoena
42.07Production otherwise than upon attendance
42.08Removal, return, inspection, copying and disposal of documents and things
42.09Inspection of, and dealing with, documents and things produced otherwise than on attendance
42.10Disposal of documents and things produced
42.11Costs and expenses of compliance
42.12Failure to comply with subpoena—contempt of court
42.13Documents and things in the custody of a court
Order 42A
SUBPOENA FOR PRODUCTION TO REGISTRAR
42A.01Application
42A.02Issuing subpoena
42A.03Form of subpoena
42A.04Affidavit of service
42A.05Compliance with subpoena
42A.06Receipt for document
42A.07Objection by addressee or other person
42A.08Objection by party to inspection by other party
42A.09Procedure after objection
42A.10Inspection of document produced
42A.11Removal of document
42A.12Return of document
42A.13Production of document at hearing
42A.14Subpoena for hearing not affected
Order 43
AFFIDAVITS
43.01Form of affidavit
43.02Affidavit by illiterate, blind or incapacitated person
43.03Content of affidavit
43.04Affidavit by 2 or more deponents
43.05Alterations
43.06Annexures and exhibits
43.07Time for swearing
43.08Irregularity
43.09Filing
Order 44
EXPERT EVIDENCE
44.01Definitions
44.02Application
44.03Report of expert
44.04Other party's report as evidence
44.05No evidence unless disclosed in report
44.06Conference between experts
Order 46
APPLICATIONS
46.01Application of Order
46.02Form of application
46.03Notice of application
46.04Form and filing
46.05Service
46.05.1Day for hearing
46.06Adjournment
46.07Absence of party to summons
46.08Application for re-hearing
46.09Form of application
46.10Setting aside
Order 47
PLACE AND MODE OF HEARING
47.01Place of hearing of proceeding
47.04Separate hearing of question
47.05Order after determination of preliminary question
Order 49
HEARING
49.00Application
49.01Order of evidence and addresses
49.02Absence of party
49.03Adjournment of hearing
49.04Death before judgment
Order 50
PART 1—PRE-HEARING CONFERENCES
50.01Referral of complaint for pre-hearing conference
50.02Parties must attend a pre-hearing conference
50.03Confidentiality
PART 2—MEDIATION
50.04Referral of proceeding or part of a proceeding to mediation
50.05Definitions
50.06Parties must attend mediation
50.07Consequences of failure to attend
50.08Orders by consent
50.09Mediator may adjourn a mediation
50.10Mediation report
50.11Confidentiality
50.12Extension of time limits
Order 59
ORDERS
59.01General relief
59.02Date of effect
59.03Time for compliance
59.04Statement of reasons for order
59.07Consent to order by parties not in attendance
59.08Orders may be drawn up and certified extract
59.09Order where excess abandoned
59.10Setting aside or varying self-executing order
Order 60
AUTHENTICATION AND FILING OF ORDERS
60.04Order signed by magistrate
60.05Authentication of an order
60.06Issue and authentication of process
60.07Authentication of warrants
60.08Particulars of warrants to be entered in the register
Order 61
JUDGMENT DEBT INSTALMENT ORDERS
61.01Definition
61.02Application under section 6 or 8
61.03Notice of objection
61.04Agreement under section 7
61.05Order in absence of parties
61.06Summons for examination
61.07Warrant of apprehension
61.08Forms of notice
61.09Warrant of commitment
61.10Payments to be made to registrar
61.11Certificate of discharge
61.12Service and notification
61.13Adjournment
Order 62
SECURITY FOR COSTS
62.01Definitions
62.02When security for costs may be ordered
62.03Manner of giving security
62.04Failure to give security
62.05Variation or setting aside
Order 63
COSTS
PART 1—PRELIMINARY
63.00.1Costs in accordance with Appendix A
63.00.2Application of scale
63.00.3Fixing or taxing of costs in accordance with scale at the timework done
63.00Costs to be fixed on day of hearing
63.01Definitions and application
63.02General powers of Court
63.03Time for costs order and payment
63.04Costs of question or part of proceeding
63.05By whom costs to be taxed
63.07Taxed or other costs provision
63.08Default order
63.10No order for taxation required
63.11Enforcement of order of taxing officer
63.12Costs in account
PART 2—ENTITLEMENT TO COSTS
63.13Order for payment
63.14Extension or abridgement of time
63.15Discontinuance or withdrawal
63.16Offer of compromise
63.16.1Failure to make discovery or answer interrogatories
63.16.2Proceeding or counterclaim dismissed
63.17Amendment
63.18Non-admission of fact or document
63.19Interlocutory injunction
63.21.1Costs in proceedings before registrar or Costs Court
63.22Costs reserved
63.22.1Evidence transcript costs
63.26Trustee or mortgagee
PART 3—COSTS OF PARTY IN A PROCEEDING
63.27Application
63.28Bases of taxation
63.29Party and party basis
63.30Australian lawyer and client basis
63.30.1Indemnity basis
63.31General basis
63.32If Australian lawyer and client basis is applicable
63.33Party as trustee
63.34Charges of Australian lawyer
PART 4—COSTS OF TAXATION
PART 5—PROCEDURE ON PARTY AND PARTY TAXATION
63.37Application
63.38Application for taxation
63.48Discretionary costs
63.51Reference to a magistrate
63.52Notice to person interested in fund
63.53Application by person liable to pay
63.54Australian lawyer at fault
PART 6—COSTS OF AUSTRALIAN LAWYER
63.58Application
63.59Basis of taxation of costs payable by client
63.60Basis of taxation of costs payable otherwise than by client
63.61Australian lawyer and client basis
63.63Procedure on taxation
63.65Reference for taxation
PART 7—ALLOWANCES ON TAXATION GENERALLY
63.68Application and interpretation
63.69Necessary or proper costs
63.70Unnecessary work
63.71Gross sum for costs
63.72Increased allowance
Order 66
ENFORCEMENT OF ORDERS
66.01Definitions
66.02Enforcement of orders for the payment of money
66.04Enforcement of orders for the delivery of goods
66.05Enforcement of orders for the doing or abstaining from doing of any act
66.06Attendance of natural person
66.07Attendance of corporation
66.10Service of orders to be enforced
66.11Substituted performance
66.12Enforcement by or against non-party
66.13Non-performance of condition
66.14Matters occurring after order
66.15Order in aid of enforcement
66.16Stay of execution
Order 67
EXAMINATION OF JUDGMENT DEBTOR
67.01Examination of judgment debtor
67.02Issue of summons for oral examination consequent to application by electronic message
Order 68
WARRANTS OF EXECUTION
PART 1—WARRANTS GENERALLY
68.01Definitions
68.03Separate execution for costs
68.04Issue of warrant
68.05Duration
68.06Costs of prior execution
68.07Order against 2 or more persons
68.08Order against partners
68.09Issue of warrant after request by electronic message
68.10Application of certain rules, practice and procedure of
Supreme Court
68.11Form of warrant to seize property and warrant of delivery
PART 2—WARRANTS OF DELIVERY
68.12Warrant of delivery
Order 69
WARRANTS TO SEIZE PROPERTY
69.01Warrant to seize property
69.03Notice to person responsible for safe-keeping of seized property
69.07Notional possession of goods
Order 71
GARNISHEE ORDERS
71.01Definitions and application
71.02Attachable debts
71.03Bank account
71.04Garnishee
71.05Dispute of liability by garnishee
71.06Claim by another person
71.07Discharge of garnishee
Order 72
ATTACHMENT OF EARNINGS
72.01Definitions
72.02Application for attachment of earnings order
72.03Attachment of earnings order
72.04Examination of judgment debtor
72.05Contents of order
72.06Service of order
72.07Employer to make payments
72.08Attachment of earnings in place of other orders
72.09Execution after attachment of earnings
72.10Discharge or variation of order
72.11Cessation of attachment of earnings order
72.12Two or more attachment of earnings orders in force
72.13When varied order taken to be made
72.14Notice to judgment debtor of payments
72.15Determination of earnings
72.16Service
______
FORMS
Form 4A—Overarching Obligations Certification
Form 4AB—Certification of Prior Overarching Obligations
Certification
Form 4B—Proper Basis Certification
Form 5A—Complaint
Form 6A—Affidavit/Declaration of Service
Form 7A—Complaint
Form 8A—Notice Of Defence
Form 10A—Counterclaim
Form 10B—Counterclaim
Form 11A—Third Party Notice
Form 11B—Notice Claiming Contribution
Form 12A—Stakeholder's Interpleader Summons
Form 12B—Notice of Claim to Goods Taken in Execution
Form 12C—Sheriff's Interpleader Summons
Form 15A—Order Approving Compromise of Claim of Minor
Form 19A—Notice of a Constitutional Matter
Form 21A—Application for Order in Default of Defence
Form 21B—Application for an Order for Costs
Form 22A—Application for Summary Order
Form 28A—Electronic Lodgement Authorisation
Form 29A—Notice for Discovery
Form 29B—Affidavit of Documents
Form 29C—Notice to Produce
Form 29D—Notice of Default in Making Discovery of Documents
Form 30A—Notice of Default in Answering Interrogatories
Form 35A—Notice to Admit
Form 35B—Noticeof Dispute
Form 37AA—Freezing Order
Form 37BA—Search Order
Form 41AA—Notice of Application Under Section42E(1) of the Evidence (Miscellaneous ProvisIons) Act1958
Form 42A—Subpoena
Form 42B—Notice to addressee and declaration
Form 42AA—Subpoena for Production to Registrar
Form 43A—Certificate Identifying Exhibit
Form 44A—Expert Witness Code of Conduct
Form 46A—Summons
Form 46B—Application for Re-hearing
Form 50A—Mediation Report
Form 61A—Application
Form 61B—Statement of Affairs by an Individual
Form 61C—Statement of Affairs by an Officer of a Corporation
Form 61D—Notice of Objection
Form 61E—Instalment Agreement
Form 61F—Summons for Examination
Form 61G—Application for Issue of Summons
Form 61H—Warrant of Apprehension
Form 61I—Notice
Form 61J—Notice
Form 61K—Notice
Form 61L—Warrant of Commitment
Form 61M—Certificate of Discharge
Form 67A—Summons to Attend for Oral Examination
Form 67B—Examination of a Judgment Debtor
Form 67C—Examination of an Officer of a Judgment Debtor which is aCorporation
Form 67D—Summons to Attend to give Evidence or Produce
Documents
Form 68A—Warrant to Seize Property
Form 68B—Warrant of Delivery
Form 69A—Notice to Person Responsible for Safe-keeping of Property Seized under a Warrant to Seize Property
Form 71A—Garnishee Order
Form 71B—Garnishee Order
Form 72A—Attachment of Earnings Summons
Form 72B—Affidavit in Support of Application for Attachment of Earnings Order
Form 72C—Judgment Debtor's Statement of Financial Position
Form 72D—Order that Judgment Debtor Attend for Examination
Form 72E—Order that Person Indebted or Employer of Judgment Debtorgive Statement
Form 72F—Attachment of Earnings Order
______
Appendix A—Scale of Costs
Appendix B—Civil Registry Courts
Appendix C—Civil Registry Courts—Filing of Complaints Under Workers Compensation Act 1958 or Accident Compensation Act 1985
______
SCHEDULE—Statutory Rules Revoked
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 008
Magistrates' Court General Civil Procedure Rules 2010
S.R. No. 140/2010
Version incorporating amendments as at
31 March 2013
1
Order 1
Magistrates' Court General Civil Procedure Rules 2010
S.R. No. 140/2010
Order 1
PRELIMINARY
Introductory Note
These Rules are Rules of the Magistrates' Court as to civil proceedings.
Related Rules
These Rules are in many respects uniform with the Supreme Court (General Civil Procedure) Rules 2005 (the Supreme Court Rules). Many of the Orders and Rules are drafted in the same terms as the Supreme Court Rules, except so far as minor variations are required to accord with the Magistrates' Court jurisdiction. Insome appropriate cases an Order is drafted in the same terms as the County Court Civil Procedure Rules 2008, for example Order63 is drafted in similar terms to Order 63A of the County Court Civil Procedure Rules 2008, except so far as minor variations are required to accord with the Magistrates' Court jurisdiction.
If the Supreme Court Rules include an Order or a Rule that is not included in these Rules there is a gap in the numbering of these Rules in order to maintain consistent numbering for the other Orders and Rules.
PART 1—OBJECT, AUTHORISING PROVISIONS, COMMENCEMENT AND REVOCATION
1.01Title and object
(1)These Rules constitute Chapter I of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court General Civil Procedure Rules 2010.
(2)The object of these Rules is to remake with amendments the rules of procedure in civil proceedings in the Magistrates' Court of Victoria.
1.02Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
1.03Commencement
These Rules come into operation on 1 January 2011.
1.04Revocation
The Rules set out in the Schedule are revoked.
PART 2—APPLICATION OF RULES
1.05Definitions
In this Part—
commencement date means 1 January 2011;
former Rules means the Magistrates' Court Civil Procedure Rules 2009;
pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied.
1.06Application
r. 1.02
(1)Subject to this Part, these Rules apply to every civil proceeding commenced in the Court, whether before, on or after the commencement date.
(2) 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.
1.07Jurisdiction not affected
Nothing in these Rules limits the jurisdiction, power or authority which the Court had immediately before the commencement of these Rules.
1.08–1.12 * * * * *
PART 3—INTERPRETATION
1.13Definitions
In these Rules—
Australiahas the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
Australian lawyer means an Australian lawyer as defined in the Legal Profession Act 2004, other than a barrister as defined in that Act, and includes an incorporated legal practice as defined in that Act;