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Version No. 011 Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 S.R. No. 141/2010 Version incorporating amendments as at 1 January 2016

TABLE OF PROVISIONS Rule Page

1 Version No. 011 Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 S.R. No. 141/2010 Version incorporating amendments as at 1 January 2016

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

ORDER 1

PRELIMINARY 1.01 Title and object (1) These Rules constitute Chapter II of the Rules of the Magistrates' Court of Victoria and are entitled the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010. (2) The object of these Rules is to further provide for rules of civil procedure in the Magistrates' Court. 1.02 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 1.03 Commencement These Rules come into operation on 1 January 2011. 1.04 Definitions In these Rules— the Act means the Magistrates' Court Act 1989, unless the context otherwise requires.

2 1.05 Application These Rules apply to any proceeding in the Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which they come into operation. 1.06 Rules of general procedure Except so far as is otherwise provided by these Rules or any Act, Chapter I of the Rules of the Magistrates' Court for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply. ______

3 ORDER 2

ARBITRATION 2.01 Application This Order applies to a proceeding in which the monetary relief sought is less than the amount set out in section 102(1) of the Act and which the Court must refer to arbitration in accordance with that section. 2.02 Statement of claim The statement of claim in a proceeding referred to in Rule 2.01 must state with particularity the date, place, circumstances and cause of action upon which the claim is based together with the amount or other relief or remedy sought. 2.03 Defence The notice of defence in a proceeding referred to in Rule 2.01 must state with particularity the date, place, circumstances facts or matters relied on in defence of the claim. 2.04 No pleadings, discovery, interrogatories etc. No party in a proceeding referred to in Rule 2.01 may— (a) serve a request for further and better particulars of claim, counterclaim or defence; (b) serve and file a reply; (c) serve a notice to admit any fact or the authenticity of any document; (d) serve a notice for discovery; (e) serve interrogatories; (f) serve an expert witness statement.

4 Rule 2.04(f) amended by S.R. No. 124/2011 ruleRule 3(1).2.04(g) * * * * * revoked by S.R. No. 124/2011 rule 3(2).

2.05 Parties to serve a list of documents (1) If the amount of the claim or the counterclaim in a proceeding referred to arbitration in accordance with this Order is $5000 or more, each party must serve on each other party a list of documents not less than 14 days before the date fixed for a prehearing conference or, if no such date is fixed, then 14 days before the date fixed for the arbitration. (2) A list of documents must identify each document in the possession of the party serving the list that — (a) supports the claim, defence, or counterclaim; or (b) is injurious to that claim, defence or counterclaim. 2.06 Service of reports and assessments in relation to proceedings relating to motor vehicle accidents (1) If in any proceeding that has been referred to arbitration in accordance with this Order there is a claim or counterclaim for damages arising out of a motor vehicle accident, each party (the serving party) must serve on each other party a copy of any assessor's report or documents relating to such an assessment in the possession of the serving party. (2) Any report or documents required to be served under subrule (1) must be served not less than

5 14 days before the date fixed for a pre-hearing conference or, if no such date is fixed, then 14 days before the date fixed for the arbitration. Rule 2.07 2.07 Plaintiff may join third party inserted by S.R. No. 27/2012 (1) If in any proceeding that has been referred to rule 4. arbitration in accordance with this Order the defendant files a third party notice against a person, the plaintiff may join that person as a defendant. (2) The plaintiff must give notice in writing to the third party, the defendant or defendants and the registrar that the third party is joined as defendant. (3) When the notice is filed and served the third party becomes a defendant to the proceeding. Rule 2.08 2.08 Costs in respect of an arbitration inserted by S.R. No. 106/2014 For the purposes of section 105(2) of the Act, the rule 5. Court may award, to a party to a proceeding referred to arbitration, costs in respect of the arbitration in accordance with Appendix AA. ______

6 ORDER 3

SERVICE AND EXECUTION OF PROCESS RULES 3.01 Definitions In this Order— appropriate court has the same meaning as in Part 6 of the Act; court of rendition has the same meaning as in Part 6 of the Act; place of rendition has the same meaning as in Part 6 of the Act; the Act means the Service and Execution of Process Act 1992 of the Commonwealth. 3.02 How application made (1) An application to the Court under the Act must be made in accordance with Order 46 of the Magistrates' Court General Civil Procedure Rules 2010. (2) Where an application under subrule (1) is filed by facsimile transmission, the address for service of the applicant must include a facsimile telephone number. (3) When an application is filed the registrar must forthwith fix a hearing date and as soon as practicable notify the applicant. 3.03 Sealed copy of order For the purpose of registration of an order of the Court in the appropriate court of another State or Territory, the registrar may provide a sealed copy of the judgment in Form 3A or Form 3B, as the case requires.

7 3.04 Enforcement of order A person who seeks to enforce an order registered under the Act must before taking any step under the Act or these Rules for such enforcement file an affidavit in Form 3C stating that the order is capable of being enforced in or by the court of rendition or a court in the place of rendition and the extent to which it is so capable. 3.05 Fees (1) The fees to be allowed in relation to the service under the Act of the process of the Court must be calculated on the same basis as fees allowable in the appropriate court for service of process at the place where the process was served. Rule 3.05(2) (2) The same fees must be paid in relation to the amended by S.R. No. enforcement under the Act by the Court of the 70/2014 process or order of a court of another part of rule 24. Australia as are charged for the like enforcement of the process or judgment of the Court, together with the fees set out in the Schedule to Rule 10.05 of Chapter II of the Rules of the Supreme Court. 3.06 Costs The same costs must be allowed in relation to the enforcement of an order registered under the Act as are allowed upon the enforcement of an order of the Court. 3.07 Interest (1) A person who seeks to recover interest payable under section 108 of the Act must specify by affidavit the interest rate or rates applying to the order in the court of rendition and must include a calculation showing the amount of interest recoverable under the order.

8 (2) The interest rate or rates applying in the court of rendition specified in an affidavit pursuant to subrule (1) must be endorsed on a warrant to seize property which is filed to enforce an order registered under the Act. (3) The person to whom a warrant to seize property is directed must calculate and recover interest on an order registered under the Act at the rate or rates specified in the warrant. (4) The person to whom a warrant to seize property is directed must not calculate or recover interest on an order registered under the Act where the warrant does not contain a statement of the interest rate or rates applying to the order in the court of rendition and does not contain a calculation of the interest recoverable under the order. ______

9 ORDER 4

REGISTRARS 4.01 Reference to a magistrate If on an application to a registrar under the Act, the Magistrates' Court General Civil Procedure Rules 2010 or these Rules, the registrar considers that it is proper that the application be determined by a magistrate, the registrar may refer the application to a magistrate. 4.02 Appeal from registrar (1) Any person affected by any order made by a registrar may appeal to a magistrate. (2) An appeal must be commenced within 14 days after the day the registrar made the order. (3) An appeal may be made by application in accordance with Order 46 of the Magistrates' Court General Civil Procedure Rules 2010. (4) An appeal is a re-hearing of the application to the registrar. (5) Unless a magistrate otherwise orders, an appeal does not operate as a stay on the order of the registrar. (6) This Rule does not apply to an order in default of defence made by a registrar under Order 21 of the Magistrates' Court General Civil Procedure Rules 2010 or any corresponding previous enactment. ______

10 ORDER 5

APPEALS 5.01 Application of order Where by or under any Act a person (in this Order called the appellant) may appeal to a magistrate or to the Magistrates' Court, this Order applies. 5.02 Notice of appeal (1) Except as provided by any Act, an appeal must be commenced by filing a notice of appeal at the proper venue of the Court. (2) The notice of appeal must— (a) be in Form 5A; and (b) set out— (i) the order or decision of the person from whom or the body from which the appeal is brought (in this order called the respondent); (ii) concisely the grounds of appeal. (3) As soon as practicable after filing the notice of appeal the appellant must serve a copy on the respondent. 5.03 Amendment of grounds The Magistrates' Court or a magistrate may give leave to amend the grounds of appeal. 5.04 Affidavit Within 14 days after filing the notice of appeal the appellant must file in the Court and serve on the respondent an affidavit setting out the facts, matters and circumstances relating to— (a) the order or decision appealed against; and

11 (b) the grounds of appeal. 5.05 Date for hearing At the time of filing the notice of appeal the registrar must fix a date for the hearing of the appeal. ______

Order 6 (Heading) ORDER 6 amended by S.R. No. 70/2014 PARTICULAR APPLICATIONS UNDER THE WORKERS rule 18. COMPENSATION ACT 1958, THE ACCIDENT COMPENSATION ACT 1985 AND THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013

Rule 6.01 6.01 Definitions (Heading) substituted by In this Part, unless the context or subject-matter S.R. No. otherwise requires— 70/2014 rule 19(1).

Rule 6.01 def. Authority means the Victorian WorkCover of Authority amended by Authority established under section 18(1) of S.R. No. the Accident Compensation Act 1985 and 70/2014 rule 19(2)(a). continued in existence under section 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013; Rule 6.01 def. Conciliation Officer means a person nominated as of Conciliation a Conciliation Officer under section 52D of Officer the Accident Compensation Act 1985 or a amended by S.R. No. person appointed under section 523 of the 70/2014 Workplace Injury Rehabilitation and rule 19(2)(b). Compensation Act 2013; Rule 6.01 def. employer, in a proceeding under— of employer substituted by S.R. No. (a) the Workplace Injury Rehabilitation 70/2014 and Compensation Act 2013, has the rule 19(2)(c).

12 same meaning as in section 3 of that Act; (b) the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act; (c) the Workers Compensation Act 1958, has the same meaning as in section 3(1) of that Act; Rule 6.01 def. Medical Panel means a Medical Panel under the of Medical Panel Accident Compensation Act 1985 or the amended by Workplace Injury Rehabilitation and S.R. No. 70/2014 Compensation Act 2013; rule 19(2)(d).

Rule 6.01 def. medical question, in a proceeding under— of medical question substituted b (a) the Workplace Injury Rehabilitation y S.R. No. and Compensation Act 2013, has the 70/2014 rule 19(2)(e). same meaning as in section 3 of that Act; (b) the Accident Compensation Act 1985, has the same meaning as in section 5(1) of that Act; Rule 6.01 def. * * * * * of plaintiff revoked by S.R. No. 70/2014 rule 19(2)(f). the Act means the Workers Compensation Act 1958. 6.02 Application for appointment of nominal defendant —Forms 6A and 6B (1) An application for the appointment of a nominal defendant under section 5A, 16 or 25E of the Act must be— (a) made after the filing of a complaint;

13 (b) accompanied by an affidavit in support of the application; (c) in Form 6A. (2) The affidavit in support of the application must— (a) state the reasons for the application; (b) give details of any attempts to identify or find the employer or the employer's insurer; (c) if the employer was a company which has been wound up, exhibit advice from the Australian Securities and Investment Commission that the company has been wound up; (d) except where the application is to have the Authority named as the nominal defendant, exhibit the consent in writing of the person proposed for appointment as nominal defendant. (3) If the Court makes an order for the appointment of a nominal defendant on an application under subrule (1), unless the Court directs otherwise, the party obtaining the order must give notice of the appointment to all parties to the complaint and serve on the nominal defendant— (a) a notice of the appointment in Form 6B; (b) a copy of the application; (c) a copy of the affidavit in support; (d) notice of any hearing date subsequent to the appointment, fixed in the proceeding, if any; (e) a copy (including any amended copies) of the complaint (if any) showing the nominal defendant as defendant and giving full particulars of the claim against the alleged

14 employer in respect of whom the nominal defendant was appointed; (f) where appropriate, particulars of the claim for contribution. 6.03 Application for discharge (1) At any time after receiving notice of appointment, the nominal defendant appointed by the Court may apply to the Court to be discharged from acting in that capacity. (2) Unless the Court directs otherwise, or the application is by consent, the application must be supported by an affidavit setting out the facts on which the discharge is requested. 6.04 Request for referral of a medical question to a Medical Panel—Form 6C Rule 6.04(1) (1) A request by a party for the Court to refer a amended by S.R. No. medical question to a Medical Panel for an 70/2014 opinion under section 45(1)(b) of the Accident rule 20. Compensation Act 1985 or section 304 of the Workplace Injury Rehabilitation and Compensation Act 2013 must— (a) state clearly the medical question for referral; (b) be in Form 6C. (2) A copy of the request must be served on all other parties to the proceeding who have an address for service not less than 14 days before the request is to be considered by the Court. Rule 6.05 6.05 Application for revocation of direction of amended by S.R. No. Conciliation Officer 70/2014 rule 21 (ILA (1) An application under section 60(2) of the s. 39B(2)). Accident Compensation Act 1985 for the revocation of a direction given by a Conciliation

15 Officer pursuant to Division 2 of Part 3 of that Act must be— (a) in Form 6D with such modification as is necessary; and (b) accompanied by an affidavit in support of the application. Rule 6.05(2) (2) An application under section 299(2) of the inserted by S.R. No. Workplace Injury Rehabilitation and 70/2014 Compensation Act 2013 for the revocation of a rule 21. direction given by a Conciliation Officer pursuant to Division 2 of Part 6 of that Act must be— (a) in Form 6D with such modification as is necessary; and (b) accompanied by an affadavit in support of the application. ______

16 ORDER 7

PARTICULAR RULES AS TO THE CORPORATIONS ACT 7.01 Definition In this Order— corporations proceeding means a proceeding under the Act that is brought in the Court; the Act means the Corporations Act. 7.02 Commencement of originating process (1) An originating process under the Act in the Court must be commenced by a complaint in accordance with Order 5 of the Magistrates' Court General Civil Procedure Rules 2010. (2) A complaint to which subrule (1) applies, when lodged for filing, must be accompanied by a supporting affidavit, in accordance with Rule 2.4 of the Supreme Court (Corporations) Rules 2003. (3) An affidavit to which subrule (2) applies, subject to that subrule, must comply with the Magistrates' Court General Civil Procedure Rules 2010. 7.03 Notice to defendant In any corporations proceeding the plaintiff must prepare a notice to the defendant in the form of Form 7A. 7.04 Service of complaint and notices In a corporations proceeding, the complaint and any notice of defence, affidavit of service and notice to the defendant under Rule 7.03 must be served on the defendant at least 7 days before the mention date for the proceedings.

17 7.05 Application for order in default of defence In a corporations proceeding, an application for an order in default of defence must not be made before the mention date for the proceeding. ______

18 ORDER 8

IMPRISONMENT OF FRAUDULENT DEBTORS 8.01 Application for summons (1) An application for the issue of a summons under Part III of the Imprisonment of Fraudulent Debtors Act 1958 must be made by affidavit in Form 8A. (2) An affidavit under subrule (1) may contain statements of fact based on information and belief if the grounds are set out. ______

19 ORDER 9

INSTRUMENTS ACT RULES 9.01 Definition In this Order— the Act means the Instruments Act 1958. 9.02 Application of Order (1) This Order applies to any proceeding in the Court under Part 1 of the Act. (2) Except where inconsistent with the Act or this Order, the Magistrates' Court General Civil Procedure Rules 2010 and the remaining provisions of these Rules apply to any proceeding under Part I of the Act. 9.03 Form of complaint (1) A complaint upon a bill of exchange commenced after the bill has become due must be in Form 9A. (2) The amount of costs stated in the indorsement on the complaint must be the amount of scale costs applicable to the amount claimed plus the fees (if any) for the filing and service of the complaint. 9.04 Leave to defend (1) Leave to defend under section 5 of the Act may be given by the Court. (2) An application for leave to defend must be made without notice to any person, within the time allowed by section 5 of the Act. (3) An application for leave must be in Form 9B and must be filed. (4) The applicant for leave must file in support of the application an affidavit sworn by himself or

20 herself or by another person who can depose to the facts from his or her own knowledge. Rule 9.05 9.05 Order where leave not granted or notice of defence (Heading) amended by not given S.R. No. 158/2012 (1) A plaintiff who is entitled to an order under rule 6(1). section 4 of the Act may apply to the registrar for an order for the amount claimed together with costs and fees (if any) for filing and service of the complaint as the scale allows. (2) An application for such an order must be filed and must be in Form 9C. (3) Where the registrar is satisfied that— (a) the complaint has been served in accordance with section 4 of the Act; and Rule 9.05(3)(b) (b) the defendant— substituted by S.R. No. 158/2012 (i) has not been given leave to defend rule 6(2). under section 5 of the Act; or (ii) has been given leave to defend under section 5 of the Act, but has not given notice of defence to the plaintiff within 21 days after the date on which leave to defend was given— the registrar must make an order. 9.06 Notice to parties As soon as practicable after the Court has made a decision on an application for leave to defend, the registrar must notify the parties by notice in Form 9D. 9.07 Leave to defend after order made (1) A defendant who wishes to apply under section 6 of the Act must— (a) file an application in Form 9E; and

21 (b) not less than 5 days before the day for hearing of the application serve a copy of the application on the complainant personally. (2) An application under section 6 must state the special circumstances relied upon by the applicant. (3) The Court may set aside the order on such terms as the Court thinks fit. (4) Upon filing an application under section 6, no steps to enforce the order shall be taken for 14 days from the date of filing or until the application is heard (whichever is the earlier). (5) An applicant who fails to appear on the hearing of the application must not make a further application without the leave of the Court. ______

22 ORDER 10

PARTICULAR PROCEEDINGS UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 10.01 Definitions In this Order— adjudication certificate has the same meaning as in section 4 of the Act; authorised nominating authority has the same meaning as in section 4 of the Act; claimant has the same meaning as in section 4 of the Act; principal has the same meaning as in section 4 of the Act; the Act means the Building and Construction Industry Security of Payment Act 2002. 10.02 Commencement of proceeding under section 28R of the Act A proceeding under section 28R of the Act may be commenced by a person, who has been provided with an adjudication certificate by an authorised nominating authority, applying to the Court by filing in the Court the certificate and affidavit that are required to be filed under section 28R of the Act. 10.03 Power of registrar to make order in proceedings under section 28R of the Act In any proceeding commenced under Rule 10.02, the Court constituted by a registrar may make an order that the respondent pay the person applying under that Rule the unpaid amount if the registrar is satisfied that—

23 (a) the adjudication certificate has been provided by the authorised nominating authority; and (b) an amount payable under section 28M or 28N of the Act has not been paid. 10.04 Setting aside an order Order 46 of the Magistrates' Court General Civil Procedure Rules 2010, with any necessary modifications, applies to making an application to set aside an order in any proceeding under section 28R of the Act. 10.05 Certification of debt by Court (1) For the purposes of section 33 of the Act, the court may be constituted by a registrar. (2) An application for an order under section 33(1) of the Act may be made in writing and Order 46 of the Magistrates' Court General Civil Procedure Rules 2010 does not apply to any such application. 10.06 Application for stay of payments (1) For the purposes of section 37(1) of the Act, an application by a principal for a stay of payments under that section must be made in the proceeding in which the claimant has obtained an order for the adjudicated amount or part of the adjudicated amount as referred to in section 30(c) of the Act. (2) Order 46 of the Magistrates' Court General Civil Procedure Rules 2010, with any necessary modification, applies to an application under section 37(1) of the Act. ______

24 ORDER 11

MISCELLANEOUS RULES

Rule 11.01 11.01 Civil registry courts amended by S.R. No. (1) The civil registry courts are those venues of the 11/2014 Court listed in Appendix A to these Rules. rule 13 (ILA s. 39B(2)).

Rule 11.01(2) (2) Despite paragraph (1), in relation to a proceeding inserted by S.R. No. to which the Trans-Tasman Proceedings Act 2010 11/2014 of the Commonwealth applies, the civil registry rule 13(2). courts are those venues of the Court listed in Appendix B to these Rules. 11.02 Jurisdiction of Neighbourhood Justice Division For the purposes of section 4O(3)(d) of the Act, with respect to the civil jurisdiction of the Court, the following are specified— (a) a proceeding under the Fences Act 1968; and (b) a proceeding under the Family Law Act 1975 of the Commonwealth in which the Court has federal jurisdiction under section 39(6) or 69J of that Act. 11.03 General power of amendment For the purpose of determining the real question in issue between the parties to any proceeding, or of correcting any defect or error in any proceeding, or of avoiding multiplicity of proceedings, the Court may at any stage order that any document (including a complaint) in a proceeding be amended or that any party have leave to amend any document in the proceeding.

25 11.04 Registrar's power of amendment (1) At the request of a party made before service of a complaint, the registrar may amend the complaint. (2) The registrar must record on the complaint the date of any amendment. 11.05 Directions At any stage of a proceeding the Court may give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination. 11.06 Preservation of property (1) In any proceeding, the Court may make an order for the inspection, detention or preservation of any property whether or not in the possession, custody or power of a party. (2) An order under subrule (1) may authorise any person to— (a) enter any land or do any other thing for the purpose of obtaining access to the property; (b) take samples of the property; (c) make observations (including the photographing) of the property; (d) conduct any experiment on or with the property; (e) observe any process. (3) If the Court makes an order under subrule (1) the Court may make an order for the costs and expenses of any person who is not a party to the proceeding.

26 (4) The Court may make an order under this Rule on condition that the person applying for the order gives security for the costs and expenses of any person, whether or not a party, who will be affected by the order. 11.07 Practice notes The Chief Magistrate may from time to time issue practice directions or notes not inconsistent with the Act or these Rules. ______

Order 12 (Headings ORDER 12 and rules 12.01–12.16) inserted by PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS S.R. No. ACT 2014 203/2014 rule 4. PART 1—INTERPRETATION

Rule 12.01 12.01 Definitions inserted by S.R. No. An expression used in the Vexatious Proceedings 203/2014 Act 2014 has the same meaning in this Order as it rule 4. has in that Act.

PART 2—APPLICATIONS AND NOTICES

Rule 12.02 12.02 Applications for leave to apply for limited and inserted by extended litigation restraint orders S.R. No. 203/2014 (1) An application under section 10(1) of the rule 4. Vexatious Proceedings Act 2014 by a person referred to in section 10(1)(b) or (c) of that Act for leave to apply for a limited litigation restraint order must be in Form 12A. (2) An application under section 16(1) of the Vexatious Proceedings Act 2014 by a person referred to in section 16(1)(b) or (c) of that Act for

27 leave to apply for an extended litigation restraint order must be in Form 12A. (3) An application referred to in this rule— (a) must be supported by an affidavit; and (b) must be made without notice to any person unless the Court orders otherwise. Rule 12.03 12.03 Applications for limited and extended litigation inserted by S.R. No. restraint orders 203/2014 rule 4. (1) An application under section 10(1) or 16(1) of the Vexatious Proceedings Act 2014 for a limited litigation restraint order or an extended litigation restraint order (as the case requires) must be in Form 12B. (2) An application referred to in this rule must be supported by an affidavit. (3) In addition, a copy of the order granting leave to apply for the limited litigation restraint order or the extended litigation restraint order (as the case requires) must be attached to the application. Rule 12.04 12.04 Applications for acting in concert orders inserted by S.R. No. 203/2014 (1) An application under section 34 of the Vexatious rule 4. Proceedings Act 2014 for an acting in concert order must be in Form 12C. (2) An application referred to in this rule must be supported by an affidavit. Rule 12.05 12.05 Application for leave to proceed under limited inserted by S.R. No. litigation restraint order 203/2014 rule 4. An application under section 50 of the Vexatious Proceedings Act 2014 by a person subject to a limited litigation restraint order for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates must be in Form 12D.

28 Rule 12.06 12.06 Application for leave to proceed under extended inserted by litigation restraint order S.R. No. 203/2014 An application under section 52(1) of the rule 4. Vexatious Proceedings Act 2014 by a person subject to an extended litigation restraint order for leave to commence or continue a proceeding must be— (a) in Form 12E, in the case of an application to continue a proceeding; and (b) in Form 12F, in the case of an application to commence a proceeding.

Rule 12.07 12.07 Application for leave to proceed under general inserted by S.R. No. litigation restraint order 203/2014 rule 4. An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding must be— (a) in Form 12G, in the case of an application to continue a proceeding; and (b) in Form 12H, in the case of an application to commence a proceeding. Rule 12.08 12.08 Notice of applications for leave to proceed— inserted by S.R. No. litigation restraint orders 203/2014 rule 4. (1) Notice required to be given by a direction of the Court under section 60(2) of the Vexatious Proceedings Act 2014 must be in Form 12I. (2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates. Note Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.

29 Rule 12.09 12.09 Application for leave to apply for variation or inserted by revocation of litigation restraint order S.R. No. 203/2014 An application under section 65(1) of the rule 4. Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order for leave to apply to vary or revoke the order must be in Form 12J. Rule 12.10 12.10 Application to vary or revoke litigation restraint inserted by S.R. No. order 203/2014 rule 4. (1) An application under section 65(1) of the Vexatious Proceedings Act 2014 by a person subject to a litigation restraint order to vary or revoke the order must be in Form 12K. (2) In addition, a copy of the order granting leave to apply to vary or revoke the limited litigation restraint order must be attached to the application. Rule 12.11 12.11 Notice of application to vary or revoke litigation inserted by S.R. No. restraint order 203/2014 rule 4. (1) Notice required to be given by a direction of the Court under section 67(2) of the Vexatious Proceedings Act 2014 must be in Form 12L. (2) The notice must be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates and in the preceding leave application. Note Further requirements are stated in section 67(4) of the Vexatious Proceedings Act 2014.

PART 3—PROVISIONS APPLYING TO APPLICATIONS

Rule 12.12 12.12 Application of Part inserted by S.R. No. This Part applies to an application that is made 203/2014 under any of the following sections of the rule 4. Vexatious Proceedings Act 2014—

30 (a) section 10(1); (b) section 16(1); (c) section 34 in the case where the application relates to a person who is acting in concert with a person who is subject to a litigation restraint order that is not an extended litigation restraint order that relates to intervention order legislation. Rule 12.13 12.13 Service of applications inserted by S.R. No. 203/2014 (1) The applicant must serve a copy of the application rule 4. and a copy of any affidavit in support on every person to whom notice of the application is to be given unless otherwise provided by these Rules. (2) The application must be served within a reasonable time before the day for hearing named in the application, and in no case later than 2.00 p.m. on the previous day, or where the office of the Court was closed on the day before the day for hearing, not later than 2.00 p.m. on the day the office was last open. Rule 12.14 12.14 Day for hearing inserted by S.R. No. 203/2014 (1) If an application has not been served a registrar rule 4. may, at the request of the party who filed it, amend the application on or before the day for hearing named in the application to name another day. (2) The application may be amended— (a) by a magistrate; or (b) by a judicial registrar; or (c) a registrar. (3) An application shall not be amended under this Rule more than once.

31 (4) This Rule does not limit the power of the Court under Rule 36.01 of Magistrates' Court General Civil Procedure Rules 2010. Rule 12.15 12.15 Adjournment inserted by S.R. No. 203/2014 (1) The Court may adjourn the hearing of an rule 4. application on such terms as it thinks fit. (2) The Court constituted by a registrar— (a) may by consent order that the hearing of an application be adjourned to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and (b) must record the adjournment and any reservation of the costs by indorsement on the court file. (3) If the hearing of an application is adjourned under paragraph (2), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit. Rule 12.16 12.16 Absence of party to application inserted by S.R. No. 203/2014 (1) If any person to whom an application is addressed rule 4. fails to attend, the Court may hear the application if satisfied that the application was duly served. (2) If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit. ______

32 FORMS FOR CHAPTER II CHAPTER II Form 3A RULE 3.03

SERVICE AND EXECUTION OF PROCESS ACT 1992

ORDER IN THE MAGISTRATES' COURT Court Number OF VICTORIA AT BETWEEN A.B. Plaintiff (full name) OF (address of plaintiff) and C.D. Defendant (full name) OF (address of defendant)

Magistrate: Date of order: Nature of complaint: How obtained: [state whether on hearing or arbitration or on application before hearing, identifying party filing application] Attendances: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] Other matters: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court]

33 The Court orders that: 1. 2. [terms of order]

I certify that this is a true and correct record. Registrar ______

34 CHAPTER II Form 3B RULE 3.03

SERVICE AND EXECUTION OF PROCESS ACT 1992

DEFAULT ORDER FOR DEBT [heading as in Form 3A]

Date of order: Nature of proceedings: How obtained: In default of notice of defence. The order of the Court is that: [e.g.: The defendant pay the plaintiff $ and $ interest and $ costs]. I certify that this is a true and correct record. Registrar ______

35 CHAPTER II Form 3C RULE 3.04

SERVICE AND EXECUTION OF PROCESS ACT 1992

AFFIDAVIT IN SUPPORT OF ENFORCEMENT [heading as in Form 3A]

I, [name] of [address] in the State of MAKE OATH AND SAY: 1. I am *the plaintiff *a solicitor in the firm of [name of firm], solicitors for the plaintiff, and I have the care and conduct of this matter and make this affidavit according to my information and belief. 2. Judgment was entered in the [name of court] at [place] in the State of [State] on [date]. The terms of the judgment were that the defendant pay the plaintiff the sum of $ [claim] with $ [interest] and $ [costs]. 3. The nature of the proceedings was for [describe the nature of proceedings/cause of action].

4. The amount of the judgment which is sought to be enforced is $ [amount] and is the extent the judgment is capable of being enforced in the court of rendition. 5(a). The reasonable costs and expenses of and incidental to obtaining and lodging the copy of the judgment are $ [amount], being the sum paid to obtain a sealed copy of the judgment and $ [amount], being the cost of registering the judgment in Victoria, making a total of $ [amount]. 5(b). The costs and expenses reasonably incurred in attempting to execute the judgment in the court of rendition or in another State are— [set out details of the costs and expenses].

6. Pursuant to section [description] of the [name of the relevant legislation], interest is payable on the judgment from [date] to the date of payment of the judgment [describe the provisions of the legislation referred to which provides the basis of interest calculation].

36 7. At the date of judgment the applicable interest rate was [percentage figure] %. On [date] the interest rate *will be/was* varied to [percentage figure] %. 8. At the date of swearing this affidavit, interest in the sum of $ [amount] has accrued and is calculated as follows— [date of judgment] to [date], [number] days @ [percentage figure] % = $ . [If relevant, provide additional calculations taking into account payments or variations in interest rate e.g.— [date] to [date], [number] days @ [percentage figure] % = $ .]

Sworn etc. *Delete if inapplicable ______

37 CHAPTER II Form 5A RULE 5.02(2)

NOTICE OF APPEAL IN THE MAGISTRATES' COURT 20 No. OF VICTORIA AT In the matter of an appeal pursuant to [name of the Act and section of Act under which appeal is brought]. APPLICANT: [name and address] RESPONDENT: [name and address] The appellant appeals against [set out briefly the substance of the order or decision appealed against]. Date of order or decision: Grounds of appeal: [set out specifically the grounds of appeal] Dated: [e.g. 5 September 20 ]. [Signed by appellant] ______

38 CHAPTER II Form 6A RULE 6.02(1)(c)

APPLICATION FOR APPOINTMENT OF NOMINAL DEFENDANT [heading as in Form 3A]

TO: [Identify each party (if any) to whom application is addressed] YOU are summoned to attend before the Court on the hearing of an application by the [identify party]. The [identify party] applies to the Court for an order to appoint a nominal defendant for the purposes of a claim for compensation. The circumstances and grounds of the application are set out in the accompanying affidavit. FILED: [e.g. 5 September 20 ]. This application was filed by , Australian lawyer for the [identify party]. ______

39 CHAPTER II Form 6B RULE 6.02(3)(a)

NOTICE OF APPOINTMENT OF NOMINAL DEFENDANT [heading as in Form 3A]

In the matter of the Workers Compensation Act 1958 TAKE NOTICE THAT: At the request of [identify party] the Court has this day appointed [name of nominal defendant] of [address] as a nominal defendant for the purposes of these proceedings, *in place of an alleged employer—[name of alleged employer] *in the place of an employer who cannot be identified [or as the case may be]. A copy of the application for appointment and the accompanying affidavit, together with a copy of the originating process in these proceedings is attached to this Notice. The complaint is listed for [nature of hearing] by the Court at [venue] at [time] on [date]. Dated: [e.g. 5 September 20 ]. [Signature of party or Australian lawyer for party who obtained order] * Delete if inapplicable. ______

40 CHAPTER II Form 6C Form 6C (Heading) amended by S.R. No. 70/2014 rule 22(1). Form 6C amended by S.R. No. 70/2014 rule 22(2)(3). RULE 6.04(1)(b)

NOTICE OF REQUEST PURSUANT TO SECTION 45(1)(b) OF THE ACCIDENT COMPENSATION ACT 1985*/ SECTION 304 OF THE WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013* [heading as in Form 3A]

In the matter of the Accident Compensation Act 1985*/ Workplace Injury Rehabilitation and Compensation Act 2013*. Take notice that [identify party] will request the Magistrates' Court at [venue] on [date] at [time] to refer the following medical questions to a medical panel for an opinion— (a) (b) (c) Signed: Dated: [e.g. 5 September 20 ]. *Delete if inapplicable ______

41 CHAPTER II Form 6D Form 6D amended by S.R. No. 70/2014 rule 23. RULE 6.05(1)(a) or (2)(a)

APPLICATION [heading as in Form 3A]

TO: [identify each party to whom application is addressed] YOU are summoned to attend before the Court on the hearing of an application by the [party] for [describe the order sought]. The application will be heard by the Court at [venue] at [time] on [date]. Registrar FILED: [e.g. 5 September 20 ]. This application was filed by , Australian lawyer for [identify party]. ______

42 CHAPTER II Form 7A RULE 7.03

NOTICE TO DEFENDANT UNDER CORPORATIONS ACT [heading as in Form 3A]

TO: [name and address of each defendant (if any)] This complaint will be mentioned at [venue] at [time] on [date]. If you intend to defend the complaint you must attend: (a) in person or instruct a legal practitioner to attend on your behalf on the mention date; and (b) give a notice of defence in accordance with Order 8 of the Magistrates' Court General Civil Procedure Rules 2010. If you or your legal practitioner do not attend on the mention date the Court may: (a) make a final order; (b) give directions as to the future conduct of the proceeding; or (c) hear any application. Dated: [e.g. 5 September, 20 ]. Registrar ______

43 CHAPTER II Form 8A RULE 8.01(1)

AFFIDAVIT IN SUPPORT OF SUMMONS FOR COMMITMENT [heading as in Form 3A]

I, of , the abovenamed plaintiff [or Australian lawyer for the abovenamed plaintiff] make oath and say: 1. By an order dated [e.g. 5 September, 20 ] it was ordered that [judgment debtor] should pay me [or the plaintiff] the sum of $ [amount] together with $ [amount] costs [or as the case may be]. 2. The sum of $ [amount] ordered to be paid [or $ [amount]], part of the sum ordered to be paid is still due and unpaid. 3. I am informed by [name and address] and believe that since the date of the order made against the defendant, the defendant has had sufficient means and ability to pay the sum in respect of which the defendant has made default and has refused or neglected and still refuses or neglects to pay. Sworn, etc. ______

New Form 9A CHAPTER II inserted by S.R. No. 4/2015 rule 5. RULE 9.03(1) FORM 9A

COMPLAINT (Instruments Act 1958) [heading as in Form 3A]

TO THE DEFENDANT TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this Complaint. IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE NOTICE of your intention by first obtaining the leave of the Court to defend the claim and then giving notice of defence.

44 IF YOU DO NOT OBTAIN THE LEAVE OF THE COURT TO DEFEND, the plaintiff may OBTAIN AN ORDER (JUDGMENT) AGAINST YOU on the claim without further notice. THE PROPER TIME FOR OBTAINING LEAVE TO DEFEND is as follows— (a) where you reside within 80 kilometres of the North East corner of Bourke and Elizabeth Streets, Melbourne, within 16 days of service; (b) where you reside beyond that distance, within 21 days after service. IF YOU PAY the amount of the claim, namely $ [amount] and $ [amount] for legal costs to the plaintiff or to the plaintiff's Australian lawyer within the proper time stated above, this proceeding will come to an end. Notwithstanding the payment you may have the costs fixed by the Court. APPLICATION FOR LEAVE TO DEFEND must be made within the proper time stated above to the Court at the venue of the Court at which this Complaint was filed. THE COURT MAY GIVE LEAVE TO DEFEND if you— (a) pay into Court the amount claimed, namely, $ [amount]; or (b) file affidavits satisfactory to the Court which disclose— (i) a defence; or (ii) such facts as would make it incumbent on the holder to prove consideration; or (iii) such other facts as the Court considers sufficient to support the application. DATE OF FILING:

THIS COMPLAINT IS VALID IF IT BEARS THE ALLOCATED COURT NUMBER AND THE DATE OF FILING Particulars of Claim The Plaintiff claims $ [amount] principal and interest [or $ [amount] balance of principal and interest] due to the payee [indorsee or bearer] of a bill of exchange [promissory note or order for the payment of money] of which the following is a copy. [Here copy bill and all indorsements on it] 1. This Complaint was filed by— * the plaintiff in person;

45 * for the plaintiff by [name of firm of Australian lawyer], Australian lawyer(s), of [business address within Victoria of Australian lawyer]. 2. The address of the plaintiff is— 3. The address for service of the plaintiff is—[If the plaintiff sues by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the plaintiff sues in person, the address in 2.] 4. The address of the defendant is— IMPORTANT INFORMATION FOR THE DEFENDANT Interpreters If you need an interpreter to help you read this document contact details for most languages are listed at www.magistratescourt.vic.gov.au. Legal and financial advice 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 making an APPLICATION TO OBTAIN LEAVE TO DEFEND, 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.magistratescourt.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 obtain leave to 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.

* Delete if inapplicable.

46 ______

New Form 9B CHAPTER II inserted by S.R. No. 4/2015 rule 5. RULE 9.04(3) FORM 9B

APPLICATION FOR LEAVE TO DEFEND (Instruments Act 1958) [heading as in Form 3A]

THE DEFENDANT APPLIES for leave to defend this claim. * On [date] the sum of $ [amount] (being the sum claimed in the complaint) was paid into Court by the defendant. * The affidavit(s) of [names of deponents] setting out the facts upon which the defendant relies in the application are filed herewith. * Defendant * Defendant's Australian lawyer FILED: [e.g. 5 September, 20 ]. 1. This application was filed by— * the defendant in person; * 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— 3. The address for service of the defendant is—[If the defendant defends by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the defendant sues in person, the address in 2.] 4. The date of service of the complaint was [date]. * Delete if inapplicable. ______

New Form 9C CHAPTER II inserted by S.R. No. 4/2015 rule 5. RULE 9.05(2) FORM 9C

APPLICATION FOR ORDER

47 (Instruments Act 1958) [heading as in Form 3A]

1. The plaintiff requests that an order be made for $ [amount] plus interest at the rate of [rate]% to the date of the order. 2. The defendant— * has not been given leave to defend this complaint within the time provided for in section 5 of the Instruments Act 1958. * has been given leave to defend this complaint within the time provided for in section 5 of the Instruments Act 1958, but has not given notice of defence to the plaintiff within 21 days after the date on which leave to defend was given. 3. An affidavit stating the matter in which the complaint was served has been previously filed with the Court. 4. The plaintiff's costs are— FILED: [e.g. 5 September, 20 ]. * Plaintiff * Plaintiff's Australian lawyer * Delete if inapplicable. ______

New Form 9D CHAPTER II inserted by S.R. No. 4/2015 rule 5. RULE 9.06 FORM 9D

NOTIFICATION OF DECISION (Instruments Act 1958) [heading as in Form 3A]

TO THE PLAINTIFF AND TO THE DEFENDANT APPLICATION FOR LEAVE TO DEFEND was filed on [date] and has been considered by the Court. The Court orders as follows— * Application for leave to defend refused.

48 * Application for leave to defend granted upon condition—[set out conditions, if any]. Dated: [e.g. 5 September, 20 ]. Registrar * Delete if inapplicable. ______

New Form 9E CHAPTER II inserted by S.R. No. 4/2015 rule 5. RULE 9.07(1)(a) FORM 9E

APPLICATION FOR LEAVE TO DEFEND AFTER ORDER MADE (Instruments Act 1958) [heading as in Form 3A]

TO THE PLAINTIFF THE DEFENDANT did not obtain leave to defend the above complaint and on [date] an order was made against the defendant for $ [amount] with $ [amount] costs. TAKE NOTICE that the defendant will apply to the Court at [time] on [date] for an order that the order made be set aside and that leave to defend the complaint be granted. The special circumstances upon which the defendant relies in support of this application are—[set out special circumstances]. FILED: [e.g. 5 September, 20 ]. * Defendant * Defendant's Australian lawyer Registrar 1. This application was filed by— *the defendant in person; *for the defendant by [name or firm or Australian lawyer], Australian lawyer(s), of [business address within Victoria of Australian lawyer]. 2. The address of the defendant is—

49 3. The address for service of the defendant is—[If the defendant defends by an Australian lawyer, the business address within Victoria of the Australian lawyer. If the defendant sues in person, the address in 2.] * Delete if inapplicable. ______

Form 12A inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12A amended by Rule 12.02 S.R. No. 4/2015 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO APPLY FOR LIMITED LITIGATION RESTRAINT ORDER OR EXTENDED LITIGATION RESTRAINT ORDER (Section 10(1) or 16(1) of the Vexatious Proceedings Act 2014) I, [name], apply under section *10(1)/*16(1) of the Vexatious Proceedings Act 2014 for leave to apply for *a limited litigation restraint order/*an extended litigation restraint order. In accordance with section *10(3)/*16(3) of that Act, I contend that there is merit in the application and that the making of the application would not be an abuse of process on the basis of the following grounds: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. leave to apply for *a limited litigation restraint order/*an extended litigation restraint order; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit in support of the order(s) sought in the application. FILED [insert date]. This application was filed— *(a) by the applicant in person.

50 *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12B inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12B amended by Rule 12.03 S.R. No. 4/2015 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LIMITED LITIGATION RESTRAINT ORDER OR EXTENDED LITIGATION RESTRAINT ORDER (Section 10(1) or 16(1) of the Vexatious Proceedings Act 2014) I, [name], apply for *a limited litigation restraint order/*an extended litigation restraint order under section *10(1)/*16(1) of the Vexatious Proceedings Act 2014. Leave was granted to me to apply by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order. I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks—

51 1. *a limited litigation restraint order/*an extended litigation restraint order; 2. [set out any other orders sought]. SUMMONS To: [identify each party or other person to whom the application is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of the application for the orders sought. The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit in support of the order(s) sought in the application. FILED [insert date].

This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is:

Date: Signed *delete if inapplicable ______

52 Form 12C inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12C amended by Rule 12.04 S.R. No. 4/2015 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]/*[heading in accordance with Rule 27.02]

APPLICATION FOR ACTING IN CONCERT ORDER (Section 34 of the Vexatious Proceedings Act 2014) I, [name], am a person referred to in section *34(a)/*34(b) of the Vexatious Proceedings Act 2014 and apply under that section for an acting in concert order. I contend that the order should be made on the following grounds: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. an acting in concert order; 2. [set out any other orders sought]. SUMMONS To: [identify each party or other person to whom the application is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of the application for the orders sought. The application will be heard in the Magistrates' Court of Victoria at [insert venue] on [e.g. 20 June 20 ] at [insert time] a.m. [or p.m.] or so soon afterwards as the business of the Court allows. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit in support of the order(s) sought in the application. FILED [insert date]. This application was filed— *(a) by the applicant in person.

53 *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer].

*(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12D inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12D amended by Rule 12.05 S.R. No. 4/2015 [heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]

APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER (Section 50 of the Vexatious Proceedings Act 2014) I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding. In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT

54 The applicant seeks— 1. leave to *make/*continue the following interlocutory application [specify]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows — (a) details of each application for leave to proceed made by the applicant; (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal; (c) details of each interlocutory application made or proceeding commenced or conducted by the applicant— (i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or (ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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].

55 The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12E inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12E amended by Rule 12.06 S.R. No. 4/2015 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER (Section 52(1) of the Vexatious Proceedings Act 2014) I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding]. In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. leave to continue this proceeding/*a proceeding, namely [identify relevant proceeding]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows —

56 (a) details of each application for leave to proceed made by the applicant; (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal; (c) details of each interlocutory application made or proceeding commenced or conducted by the applicant— (i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or (ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

57 Form 12F CHAPTER II inserted by S.R. No. FORM 12F 203/2014 rule 5, Rule 12.06 amended by S.R. No. IN THE MAGISTRATES' COURT 4/2015 rule 7(2). OF VICTORIA 20 No. AT IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER I, [name], a person subject to an extended litigation restraint order [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order. In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows — (a) details of each application for leave to proceed made by the applicant;

58 (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal; (c) details of each interlocutory application made or proceeding commenced or conducted by the applicant— (i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or (ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

59 Form 12G CHAPTER II inserted by S.R. No. FORM 12G 203/2014 rule 5, Rule 12.07 amended by S.R. No. *[heading as in Form 5A of the Magistrates' Court General Civil Procedure 4/2015 Rules 2010]/*[heading in accordance with Rule 27.02] rule 7(2). APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER (Section 54 of the Vexatious Proceedings Act 2014) I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding]. In accordance with section 55 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. leave to continue *this proceeding/*a proceeding, namely [identify the proceeding]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows — (a) details of each application for leave to proceed made by the applicant; (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal; (c) details of each interlocutory application made or proceeding commenced or conducted by the applicant— (i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or

60 (ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit; (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12H inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12H amended by Rule 12.07 S.R. No. 4/2015 IN THE MAGISTRATES' COURT rule 7(2). OF VICTORIA 20 No. AT

61 IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.

APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding. In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— 1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows — (a) details of each application for leave to proceed made by the applicant; (b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;

(c) details of each interlocutory application made or proceeding commenced or conducted by the applicant— (i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or (ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;

62 (d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any); (e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12I inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12I amended by Rule 12.08 S.R. No. 4/2015 [heading as used in application for leave to proceed] rule 7(2). NOTICE OF APPLICATION FOR LEAVE TO PROCEED (Section 60 of the Vexatious Proceedings Act 2014) TO: (a) the Attorney-General;

63 (b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately]. TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application]. Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you. This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates. You are entitled to make submissions in relation to the application. Date: Any Questions? If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day. *delete if inapplicable ______

Form 12J inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12J amended by Rule 12.09 S.R. No. 4/2015 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 7(2). Rules 2010]/*[heading in accordance with Rule 27.02]

APPLICATION FOR LEAVE TO APPLY TO VARY OR REVOKE LITIGATION RESTRAINT ORDER (Section 65(1) of the Vexatious Proceedings Act 2014) I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply for leave to apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014.

64 I contend that leave to apply should be given to *vary the order/*revoke the order, on the following grounds: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks leave to apply for— *1. variation of the order in the following manner [specify variation of order sought]; *1. revocation of the order; 2. [set out any other orders sought]. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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]. The address of the applicant is:

The address for service of the applicant is: Date: Signed *delete if inapplicable ______

CHAPTER II

65 Form 12K FORM 12K inserted by Rule 12.10 S.R. No. 203/2014 *[heading as in Form 5A of the Magistrates' Court General Civil Procedure rule 5, amended by Rules 2010]/*[heading in accordance with Rule 27.02] S.R. No. 4/2015 APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT rule 7(2). ORDER (Section 65(1) of the Vexatious Proceedings Act 2014) I, [name], a person subject to *a limited litigation restraint order/*an extended litigation restraint order/*a general litigation restraint order [identify the relevant order] apply to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014. Leave was granted to me to apply to *vary/*revoke that order by order of [insert name of Court] on [insert date]. Attached to this application is a copy of that order. I contend that the order should be *varied in the manner set out below/*revoked, on the following grounds: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant seeks— *1. variation of the order in the following manner [specify variation of order sought]; *1. revocation of the order; 2. [set out any other orders sought]. FILED [insert date]. This application was filed— *(a) by the applicant in person. *(b) for the applicant by [name or firm of Australian lawyer], Australian lawyer, of [business address of Australian lawyer]. *(c) for the applicant 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].

66 The address of the applicant is: The address for service of the applicant is: Date: Signed *delete if inapplicable ______

Form 12L inserted by CHAPTER II S.R. No. 203/2014 rule 5, FORM 12L amended by Rule 12.11 S.R. No. 4/2015 [heading as used in application for leave to vary or revoke litigation rule 7(2). restraint order]

NOTICE OF APPLICATION TO VARY OR REVOKE LITIGATION RESTRAINT ORDER (Section 67 of the Vexatious Proceedings Act 2014) TO: (a) the Attorney-General; (b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately]. TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court to *vary the litigation restraint order in the following manner [describe variation sought]/*revoke the litigation restraint order. Under section 67(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for *variation/*revocation be given to you. This notice is accompanied by a copy of the application for *variation/*revocation and by a copy of every order made or direction given by the Court in the application for *variation/*revocation and in the preceding leave application. You are entitled to make submissions in relation to the application for *variation/*revocation.

67 Date: Any Questions? If you have any questions, please contact the registrar at the Magistrates' Court of Victoria [venue], Tel: [insert telephone number], Hours: 9:00 a.m. to 4:30 p.m. each business day. *delete if inapplicable ______

Forms 9A, 9B * * * * * revoked by S.R. No. 4/2015 rule 7(1).

Form 9C * * * * * amended by S.R. No. 158/2012 rule 7, revoked by S.R. No. 4/2015 rule 7(1).

Forms 9D, 9E * * * * * revoked by S.R. No. 4/2015 rule 7(1).

Appendix AA inserted by APPENDIX AA S.R. No. 106/2014 Rule 2.08 rule 6, amended by S.R. Nos COSTS IN RESPECT OF AN ARBITRATION 4/2015 rule 6, 163/2015 1 Costs rule 6. 1.1 For all professional costs including Australian lawyers' costs and fees to counsel—

68 (a) where the amount not more than $1493 for awarded is $500 or the first 2 hours of more but does not arbitration exceed $3000 (b) where the amount not more than $1610 for awarded exceeds the first 2 hours of $3000 but is less than arbitration $5000 (c) if a party is awarded not more than $1493 for costs only and the the first 2 hours of amount claimed in the arbitration complaint is $500 or more but does not exceed $3000 (d) if a party is awarded not more than $1610 for costs only and the the first 2 hours of amount claimed in the arbitration complaint exceeds $3000 but is less than $5000 (e) where the amount not more than $1725 for awarded is $5000 or the first 2 hours of more but is less arbitration than $10 000 (f) if a party is awarded not more than $1725 for costs only and the the first 2 hours of amount claimed in the arbitration complaint exceeds $5000 but is less than $10 000 (g) if a complaint has been (i) $282, if paragraph (a) the subject of a pre- or (c) applies; or hearing conference (ii) $349, if paragraph (b) under section 107 of or (d) applies; or the Magistrates' (iii) $420, if paragraph (e) Court Act 1989 or a or (f) applies. mediation under section 108 of the Magistrates' Court Act 1989, the following additional amounts are payable

69 1.2 If an arbitration exceeds 2 hours, the Court may award in respect of each further 2 hours of arbitration or part thereof an amount not exceeding 50% of the amount referred to in the applicable paragraph of item 1.1. 2 Disbursements 2.1 In addition to the above amounts, money properly paid or payable out of pocket and the expenses of witnesses and interpreters are to be allowed. Note See also sections 105 and 131 of the Act in relation to the awarding of costs in an arbitration. ______

Appendix APPENDIX A (Heading) substituted a s Appendix A CIVIL REGISTRY COURTS by S.R. No. 11/2014 rule 14. Ararat Hamilton Orbost Bacchus Marsh Heidelberg Ouyen Bairnsdale Hopetoun Portland Ballarat Horsham Ringwood Benalla Kerang Robinvale Bendigo Korumburra St. Arnaud Broadmeadows Kyneton Sale Castlemaine Latrobe Valley Seymour Cobram Mansfield Shepparton Colac Maryborough Stawell Neighbourhood Justice Melbourne Sunshine Centre, Collingwood Corryong Mildura Swan Hill Dandenong Moe Wangaratta

70 Dromana Moorabbin Justice Warrnambool Centre Echuca Myrtleford Werribee Frankston Nhill Wodonga Geelong Omeo Wonthaggi ______

71 Appendix B APPENDIX B inserted by S.R. No. 11/2014 CIVIL REGISTRY COURTS—PROCEEDING TO WHICH rule 15. THE TRANS-TASMAN PROCEEDINGS ACT 2010 OF THE COMMONWEALTH APPLIES

Bairnsdale Heidelberg Seymour Ballarat Horsham Shepparton Bendigo Latrobe Valley Wangaratta Broadmeadows Melbourne Warrnambool Dandenong Mildura Werribee Echuca Moorabbin Justice Wodonga Centre Frankston Ringwood Geelong Sale

Dated: 26 October 2010 I GRAY, Chief Magistrate L MARTIN, Deputy Chief Magistrate PETER LAURITSEN, Deputy Chief Magistrate ═══════════════

72 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010, S.R. No. 141/2010 were made on 26 October 2010 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 1 January 2011: rule 1.03. The Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 will sunset 10 years after the day of making on 26 October 2020 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

73 • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

74 2 Table of Amendments This publication incorporates amendments made to the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 1) Rules 2011, S.R. No. 124/2011 Date of Making: 3.11.11 Date of Commencement: 3.11.11 Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012, S.R. No. 27/2012 Date of Making: 23.4.12 Date of Commencement: 25.4.12: rule 3 Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Scale of Costs and Other Amendments) Rules 2012, S.R. No. 158/2012 Date of Making: 12.12.12 Date of Commencement: Rules 6, 7 on 1.1.13: rule 3 Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014, S.R. No. 11/2014 Date of Making: 1.4.14 Date of Commencement: Rules 13–15 on 7.4.14: rule 3 Magistrates' Court (Chapters I and II Miscellaneous Amendments) Rules 2014, S.R. No. 70/2014 Date of Making: 18.6.14 Date of Commencement: Rules 18–24 on 1.7.14: rule 3 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014, S.R. No. 106/2014 Date of Making: 25.7.14 Date of Commencement: 1.8.14: rule 3 Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014, S.R. No. 203/2014 Date of Making: 30.10.14 Date of Commencement: Rules 4, 5 on 31.10.14: rule 3 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs and Forms Amendment) Rules 2015, S.R. No. 4/2015 Date of Making: 20.1.15 Date of Commencement: 1.2.15: rule 3 Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Costs Amendment) Rules 2015, S.R. No. 163/2015 Date of Making: 18.12.15 Date of Commencement: Rule 6 on 1.1.16: rule 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

75 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication.

76 4 Explanatory details No entries at date of publication.

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