Victorian Numbered Regulations Victorian Numbered RegulationsSCHEDULE C
DOCUMENTS THAT MUST BE SERVED WITH THIS ORDER
The following affidavits and exhibits to them:
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Date affidavit was made |
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(1) | | |
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(2) | | |
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(3) | | |
The following written submissions put to the Court:
Other documents provided to the Court:
A transcript [note] of any oral allegation of fact that was made, and of any oral submission that was put, to the Court:
The originating motion [draft originating motion] produced to the Court:
The summons [draft summons] produced to the Court:
NAME AND ADDRESS OF APPLICANT'S SOLICITORS
The Applicant's solicitors are: [ insert name, address, reference, fax and telephone numbers both in and out of office hours and e-mail ].
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1 Normally the order should be served between 9:00 a.m. and 2:00 p.m. on a weekday to enable the respondent more readily to obtain legal advice.
2 Depending on the nature of the things likely to be removed and their likely value, and the likely particular risks of their being lost or damaged, this undertaking or a more elaborate one may be required.
3 See Practice Note paragraph 18.
DEED OF GUARANTEE
[ heading as in originating process ]
THIS guarantee is made the day of 20 , between [ name ] of [ address ], called "the guarantor", and the Prothonotary of the Supreme Court of the State of Victoria.
By an order of the Supreme Court of the State of Victoria made
[ insert date
of order ], in the abovementioned proceeding, [ name ] of [ address ], called
"the receiver", has been appointed to receive [ or receive and manage] [
follow words of the order ].
And pursuant to the said order the receiver is required to give security approved by the Court.
And the guarantor has agreed at the request of the receiver to give a guarantee in consideration of the annual premium mentioned below which guarantee has been approved by the Court in testimony whereof an Associate Judge of the Supreme Court has signed an allowance in the margin of this deed.
This guarantee witnesses that the guarantor promises the Prothonotary that if the receiver does not account to the Court for what the receiver receives as receiver or does not deal with what the receiver receives as the Court directs the guarantor will pay to the Prothonotary whatever is required to make good the default to a limit of $ .
Guarantee for $ . Annual premium $ .
The Common Seal of)
was)
affixed to this deed in)
the presence of)
Form 41A—Order for examination within Victoria
ORDER FOR EXAMINATION WITHIN VICTORIA
[ heading as in originating process ]
[ other particulars as in Form 60C ]
THE COURT ORDERS THAT:
[ name ] of [ address within Victoria ] be examined before [ name and address
or description of examiner ].
Form 41B—Order for examination out of Victoria
ORDER FOR EXAMINATION OUT OF VICTORIA
[ heading as in originating process ]
[ other particulars as in Form 60C ]
THE COURT ORDERS THAT:
1. [ name and address or description ] be appointed as examiner for the purpose of taking the examination, cross-examination and re-examination orally on oath or affirmation of a witness [ name ] of [ address out of Victoria] a witness on the part of at in [name of country ].
2. The examiner be at liberty to invite the attendance of *the witness and the production of documents, but shall not exercise any compulsory powers, and that otherwise the examination be taken in accordance with the procedure of Victoria.
3. The solicitors give to the solicitors days'
notice of the date on which they propose to send out this order to for
execution, and that days after the service of such notice the solicitors
for the plaintiff and defendant respectively exchange the names of their
agents
at to whom notice relating to the examination of the said witness
may be sent.
4. days before the examination of the said witness notice of such examination be given by the agent of the party on whose behalf the witness is to be examined to the agent of the other party, unless such notice be dispensed with.
5. The depositions when taken, together with any documents referred to in the depositions, or certified copies of such documents, or of extracts from those documents, be sent by the examiner, under seal, to the Prothonotary of the Supreme Court of Victoria, 436 Lonsdale Street, Melbourne, on or before , 20 or such further day as may be ordered, there to be filed in the Prothonotary's office.
6. The trial of the proceeding be stayed until the depositions are filed or further order.
7. The costs of this application and the examination be costs in the proceeding.
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* [ If any Convention which applies requires that the invitation or notice to
the witness shall expressly state that no compulsory powers may be exercised,
this shall be done .]
Form 41C—Order for letter of request to judicial authority out of Victoria
ORDER FOR LETTER OF REQUEST TO JUDICIAL AUTHORITY OUT OF VICTORIA
[ heading as in originating process ]
[ other particulars as in Form 60C ]
THE COURT ORDERS THAT:
1. A letter of request issue directed to the proper judicial authority for the examination of the following witnesses, namely:
E . F . of [ address ]
G . H . of [ address ]
2. The depositions taken of the examination be filed in the office of the Prothonotary.
3. The trial of the proceeding be stayed until the depositions are filed or further order.
4. The costs of this application and the letter of request and
examination be costs in the proceeding.
Form 41D—Letter of request for examination of witness
LETTER OF REQUEST FOR EXAMINATION OF WITNESS
[ heading as in originating process ]
To [the competent judicial authority] of .
A civil proceeding is now pending in the Supreme Court of the State of Victoria in which is plaintiff and defendant and in which the plaintiff claims .
And it has been represented to the Court that it is necessary for the purposes of justice and for the due determination of the questions in dispute between the parties in the proceeding that the following persons should be examined as witnesses upon oath or affirmation touching such questions, namely, of and of and it appears that such witnesses are resident within your jurisdiction.
Now I a Judge of the Supreme Court of the State of Victoria request that for the reasons set out above and for the assistance of the Court you will be pleased to summon the said witnesses [and such other witnesses as the agents of the said plaintiff and defendant humbly request you in writing so to summon] to attend at such time and place as you appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined orally [or upon the interrogatories which accompany this letter of request] touching the said questions in the presence of the agents of the plaintiff and defendant or such of them as attend the examination on due notice given.
And I further request that you will permit the agents of both the plaintiff and the defendant or such of them as are present to examine [upon interrogatories and orally upon the subject matter thereof or arising out of the answers thereto] such witnesses as are, after due notice in writing, produced on their behalf, and the other party to cross-examine the said witnesses [upon cross-interrogatories and orally] and the party producing the witness for examination to re-examine him orally.
And I further request that you will be pleased to cause the evidence of the said witnesses [or the answers of the said witnesses and all additional oral questions, whether on examination, cross-examination or re-examination] to be reduced into writing and all books, documents and things produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with [the interrogatories and cross-interrogatories and] a note of the charges and expenses payable in respect of the execution of this request through the from whom the same was received for transmission to the Supreme Court of the State of Victoria.
And I further request that you will cause the agents of the parties if appointed, or in default of appointment will cause me, to be informed of the date and place where the examination is to take place.
Dated [ insert date ].
Form 41AA—Notice of application for audio visual link or audio link
NOTICE OF APPLICATION FOR AUDIO VISUAL LINK OR AUDIO LINK
[ heading as in originating process ]
PART 1—PARTICULARS OF APPLICATION
I, [ name of applicant ]
of [ address of applicant or firm of solicitor for applicant ]
request an *audio visual/*audio link under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 in accordance with the following details:
1. *Audio visual/*Audio link:
From [ originating city/town ]
To [ receiving city/town ]
2. Type of hearing: [ e.g. *Hearing/*Practice Court Hearing/*Directions Hearing/*Taxation of Costs/*Other]
3. Number of persons to appear before, or give evidence by *audio visual/*audio link:
4. Suggested time ( if any ) for link:
5. Estimate of duration of link:
6. Is this application being made with the consent of the parties to the proceeding?
7. If the answer to question 6 is No, what parties have not given consent?
8. If a hearing date has been fixed, what is the date of the hearing?
I undertake to pay, in the first instance, the appropriate amount (if any) prescribed by the regulations (if any) under section 42H(1) of the Act.
Date:
[ Signature ]
PART 2—PARTICULARS OF HEARING
[ to be completed by the Prothonotary ]
The application will be heard before the Judge in the Practice Court, Supreme
Court, William Street, Melbourne [ or the Associate Judge in Court
No. , Supreme Court, 436 Lonsdale Street, Melbourne] on [insert
date]
at a.m. [or p.m.] or so soon afterwards as the
business of the Court allows.
FILED [ insert date ].
*delete if not applicable.
[ heading as in originating process ]
To [ name ]
of [ address ]:
YOU ARE ORDERED:
≤ *to attend to give evidence—see section A of this form;
≤ *to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section B of this form; or
≤ *to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section C of this form
*Select one only of these three options
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest .
The last day for service of this subpoena is:
( See Note 1 )
Please read Notes 1 to 13 at the end of this subpoena .
[ Seal of the Court ]
Date:
Issued at the request of [ name of party ], whose address for service is:
A. Details of subpoena to attend to give evidence only
Date, time and place at which you must attend to give evidence:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.
B. Details of subpoena to produce only
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. ( See Notes 5 to 9 )
Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day.
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things:
Date:
Time:
Place:
Address to which the subpoena (or copy) and documents or things may be delivered or sent:
The Prothonotary
[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]
SCHEDULE
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
C. Details of subpoena both to attend to give evidence and to produce
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Alternatively, if notice of a later day is given to you by the issuing party, you must attend on that day until you are excused from further attending.
In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. ( See Notes 5 to 9 )
Alternatively, if notice of a later day is given to you by the issuing party, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things:
Date:
Time:
Place:
Address to which the subpoena or a copy of it and documents or things must be delivered or sent:
The Prothonotary
[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]
SCHEDULE
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
NOTES
Last day for service
1. Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the day specified in the subpoena as the last day for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
4. You need not comply with the subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the day on which your attendance is required.
Production to the Prothonotary
5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the Prothonotary at the address specified in the subpoena for the purpose so that they are received not less than three days before the day specified in the subpoena for attendance and production or if you receive notice of a later day from the issuing party, before the later day.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Prothonotary in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing.
8. If you produce more than one document or thing, you must, if requested by the Prothonotary, produce a list of the documents or things produced.
9. If the subpoena requires you to produce a document, you may produce a copy of the document unless the subpoena specifically requires you to produce the original.
9A. The copy of a document may be—
(a) a photocopy; or
(b) in PDF format on a CD-Rom.
Applications in relation to subpoena
10. You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
11. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs reasonably incurred in complying with the subpoena.
Contempt of court—arrest
12. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
13. Note 12 is without prejudice to any power of the Court under
any Rules of the Supreme Court (including any Rules of the Supreme Court
providing for the arrest of an addressee who defaults in attendance in
accordance with a subpoena) or otherwise, to enforce compliance with a
subpoena.
Form 42B—Notice to addressee and declaration
NOTICE TO ADDRESSEE AND DECLARATION
[ heading as in originating process ]
To: [ name of person to whom the subpoena is addressed and who will be the recipient of the subpoena ]
of [ address ]:
You may produce copies of any subpoenaed documents, unless the subpoena specifically requires you to produce originals. A copy of a document may be—
(a) a photocopy; or
(b) in PDF format on a CD-Rom.
You must complete the declaration below, attach it to the subpoena or a copy of the subpoena and return them with the documents or things you provide to the Court under the subpoena.
If you declare that the material you produce is copies of documents, the Prothonotary may, without further notice to you, destroy the copies after the expiry of a period of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If the material you produce to the Court is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
[ tick the relevant option below, provide your address as appropriate,
sign
and date ]
≤ All of the material I am providing to the Court in compliance with the attached subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
≤ Some or all of the material I am providing to the Court in compliance with the attached subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[ insert address for return of material ].
Date:
[ signature of addressee ]
[ name of addressee ]
Form 42AA—Subpoena for production to Prothonotary
SUBPOENA FOR PRODUCTION TO PROTHONOTARY
[ heading as in originating process ]
To [ name ]
of [ address ]:
YOU ARE ORDERED:
To produce to the Prothonotary this subpoena or a copy of it and the documents or things specified in the Schedule.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest .
The last day for service of this subpoena is:
Please read Notes 1 to 18 at the end of this subpoena .
[ Seal of the Court ]
Date:
Issued at the request of [ name of party ], whose address for service is:
You must comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received on or before the date for production specified below.
Date for production:
The address of the Prothonotary to which the subpoena (or copy) and documents or things must be delivered or sent is:
The Prothonotary
[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]
SCHEDULE
The documents and things you must produce are as follows:
[ If insufficient space attach list ]
NOTES
Last day for service
1. Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the day specified in the subpoena as the last day for service of the subpoena.
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements.
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
4. If compliance with the subpoena requires the production of a document which is not in writing (such as a photograph, computer disk, diskette, audio-tape, video-tape etc.: see section 38 of the Interpretation of Legislation Act 1984 ) then, provided the original is held by you until trial, a copy only need be produced to the Prothonotary. If a copy is produced, it must be clearly marked as such and it may be used by the Prothonotary for the purposes of inspection and, if necessary, copying.
5. Any question concerning this subpoena should be directed not to the Court but to the solicitor for the party at whose request the subpoena was issued.
Availability of documents for inspection and at trial
6. All documents produced in compliance with this subpoena will be available, unless earlier returned, at the trial of the proceeding and, subject to the following, may be inspected in the meantime by each party to the proceeding and his, her or its solicitor, and copies taken.
Objection by addressee to production or inspection
7. If you are the person required by this subpoena to produce documents, and you object to producing the documents or to their being inspected by any one or more of the parties to the proceeding, you must notify the Prothonotary in writing of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by a Judge or an Associate Judge of the Court.
Objection by party served with subpoena to inspection
8. If you are a party to the proceeding and have been served with a copy of this subpoena, and you object to the documents being inspected by another party to the proceeding, you must notify the Prothonotary of your objection and the grounds of that objection before the day specified in the subpoena for the production of the documents. The party at whose request this subpoena is issued is required to inform you of the time and place when your objection will be heard by a Judge or an Associate Judge of the Court.
Objection by plaintiff to production of hospital or medical file or record
9. If you are the plaintiff in this proceeding and this subpoena seeks from another person the production of a hospital or medical file or record concerning you or your condition, you may, before taking objection, inspect the file or record produced to the Prothonotary and, after such inspection, notify any objection you may have to inspection of that file or record by any other party, provided that you make your inspection and notify your objection and the grounds of that objection, if any, in writing within seven days after the day specified in the subpoena for production.
Obligation of issuing party after objection
10. If you are the party at whose request the subpoena was issued and any objection is taken, either to the production of the documents or to their being inspected, you will be informed by the Prothonotary of the objection and of the time and place when the objection will be heard. You are required promptly to inform the addressee in the subpoena and all other parties to the proceeding accordingly so that they may be heard, if they wish, before the objection is determined.
Removal of document
11. Documents produced in compliance with this subpoena may not be removed from the custody of the Prothonotary, even for the purpose of their being photocopied, except upon application in writing signed by a solicitor for a party. Rule 42A.11(2) of Chapter I of the Rules of the Supreme Court is then relevant:
"(2) A solicitor who signs an application under paragraph (1) and removes a document from the office of the Prothonotary, undertakes to the Court by force of this Rule that—
(a) the document will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and
(b) the document will be returned to the office of the Prothonotary in the same condition, order and packaging in which it was removed, as and when directed by the Prothonotary.".
A breach of this undertaking may be dealt with as a contempt of court .
Production of a number of documents or things
12. If you produce more than one document or thing, you must, if requested by the Prothonotary, produce a list of the documents or things produced.
Production of copy instead of original
13. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
Return of documents or copies
14. Any documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena (or a copy) request that the documents be posted to you at another address given by you or that you be informed when they are available to be collected by you.
Applications in relation to subpoena
15. You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
16. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to any conduct money or witnesses' expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
17. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
18. Note 17 is without prejudice to any power of the Court under
any Rules of the Supreme Court (including any Rules of the Supreme Court
providing for the arrest of an addressee who defaults in attendance in
accordance with a subpoena) or otherwise, to enforce compliance with a
subpoena.
Form 43A—Certificate identifying exhibit
CERTIFICATE IDENTIFYING EXHIBIT
[ heading as in affidavit ]
This is the exhibit marked [ e.g. "ABC1" ] now produced and shown to [ identify deponent ] at the time of swearing the person's affidavit on [ date ].
[ Signature of person taking affidavit ]
[ state distinguishing mark of exhibit
and briefly and specifically described
exhibit:
e.g. Exhibit "ABC1"
Letter BHP to CRA 15/6/09 ]*
* print distinguishing mark and description in bold type and in a font size
not less than 20 points in lower right hand corner of the page.
Form 44A—Expert witness code of conduct
EXPERT WITNESS CODE OF CONDUCT
1. A person engaged as an expert witness has an overriding duty to assist the Court impartially on matters relevant to the area of expertise of the witness.
2. An expert witness is not an advocate for a party.
3. Every report prepared by an expert witness for the use of the Court shall state the opinion or opinions of the expert and shall state, specify or provide—
(a) the name and address of the expert;
(b) an acknowledgement that the expert has read this code and agrees to be bound by it;
(c) the qualifications of the expert to prepare the report;
(d) the facts, matters and assumptions on which each opinion expressed in the report is based (a letter of instructions may be annexed);
(e) (i) the reasons for,
(ii) any literature or other materials utilised in support of,
(iii) a summary of—
each such opinion;
(f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise;
(g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;
(h) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;
(i) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate; and
(j) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason.
4. Where an expert witness has provided to a party (or that party's legal representative) a report for the use of the Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i) and (j) of clause 3 of this code and, if applicable, paragraph (f) of that clause.
5. If directed to do so by the Court, an expert witness shall—
(a) confer with any other expert witness; and
(b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing.
6. Each expert witness shall exercise his or her
independent judgment in relation to every conference in which the expert
participates pursuant to a direction of the Court and in relation to each
report thereafter provided, and shall not act on any instruction or request to
withhold or avoid agreement.
Form 45A—Summons on originating motion—proceedings after appearance
SUMMONS ON ORIGINATING MOTION—PROCEEDINGS AFTER APPEARANCE
[ heading as in originating process ]
To: [ identify each party or other person to whom summons is addressed and state address of each person not a party. ]
You are summoned to attend before the Court on the hearing of an application by the plaintiff for judgment in respect of the relief or remedy sought in the originating motion as follows: [ describe the judgment or relief or remedy sought ].
The application will be heard before the Associate Judge in Court No. ,
Supreme Court, 436 Lonsdale Street, Melbourne, on [ insert date ] at
a.m. [
or p.m.] or so soon afterwards as the business of the Court allows.
The Associate Judge may, as appropriate—
(a) where he or she has authority to give the judgment sought by the plaintiff, hear and determine the application or refer it to another Associate Judge for hearing and determination;
(b) by consent of the defendant, give the judgment;
(c) refer the application to a Judge of the Court for hearing and determination;
(d) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.
FILED [ insert date ].
This summons was filed by of , solicitor for the
plaintiff.
Form 45B—Summons on originating motion—special procedure
SUMMONS ON ORIGINATING MOTION—SPECIAL PROCEDURE
[ heading as in originating process ]
To: [ identify each party or other person to whom summons is addressed and state address of each person not a party. ]
You are summoned to attend before the Court constituted by *an Associate Judge/*Judge of the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows: [ describe the judgment or order sought ].
The application will be heard before the *Associate Judge in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne,/*Judge of the Court in Practice Court on [insert date] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
If the application is heard by an Associate Judge he or she may, as appropriate—
(a) hear and determine the application or refer it to another Associate Judge or a Judge of the Court for hearing and determination;
(b) by consent of the defendant, give the judgment;
(c) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.
If the application is heard by a Judge of the Court, he or she may make any order he or she considers appropriate.
FILED [ insert date ].
This summons was filed by of , solicitor for the plaintiff.
*Delete if not applicable
SUMMONS
[ heading as in originating process ]
To: [ identify each party or other person to whom summons is addressed and state address of each person not a party ].
You are summoned to attend before the Court on the hearing of an application by the for [describe the order sought ].
The application will be heard before the Judge in the Practice Court
[or the Associate Judge in Court No. , Supreme Court, 436
Lonsdale Street, Melbourne], Supreme Court, William Street, Melbourne,
on
[insert date] at a.m. [or p.m.] or so soon afterwards as the
business of the Court allows.
FILED [ insert date ].
This summons was filed by of , solicitor for the
[ identify party ].
NOTICE OF TRIAL
[ heading as in originating process ]
To the [ identify parties ]
TAKE NOTICE that this proceeding is ready for trial in that to the best of the knowledge, information and belief of the *plaintiff/*defendant—
(1) the trial is to proceed without pleadings OR pleadings are closed and it is not proposed to apply before trial for any amendment;
(2) particulars are not being sought OR all particulars of the defence/statement of claim that have been sought have been served (* save as to damages, in so far as these are to be updated closer to trial ) and it is not proposed to seek further particulars;
(3) it is not proposed to interrogate OR interrogatories have been served and answers obtained and it is not proposed to seek to serve further interrogatories or to seek further answers;
(4) it is not proposed to serve a notice for discovery OR discovery has been obtained and inspection had and it is not proposed to seek further discovery or further inspection of documents.
As for the trial itself—
(5) this proceeding is defended by [ insert names of parties defending ] OR this proceeding is undefended;
(6) the *plaintiff/*defendant is ready to proceed to trial upon not less than 14 days' notice;
(7) the trial is to be conducted at [insert place of trial];
(8) the trial can reasonably be expected to take [insert number] days and no longer.
Dated [ insert date ]
* delete if inapplicable
[ Signed ]
NOTICE OF TRIAL
[ heading as in originating process ]
To the [ identify parties ]
TAKE NOTICE that this proceeding is fixed for trial on
the
day of 20 .
Dated [ insert date ]
[ Signed ]
Form 53A—Judgment in summary proceeding for recovery of land
JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND
[ heading as in Form 5E ]
[ other particulars as in Form 60A ]
THE JUDGMENT OF THE COURT IS THAT:
The plaintiff recover possession of the land described in the originating motion as [ description of land *] [ where there is a defendant and that the defendant pay the plaintiff $ costs] [or pay the plaintiff's costs to be assessed].
[ other particulars as in Form 60D ]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Note: The land should be so described as to be physically identifiable. ]
Form 53B—Warrant of possession in summary proceeding for recovery of land
WARRANT OF POSSESSION IN SUMMARY PROCEEDING FOR RECOVERY OF LAND
[ heading as in Form 5E ]
TO THE SHERIFF:
In respect of the judgment dated [ insert date ] by which it was adjudged
that the plaintiff recover possession of the land described in the
schedule [ where there is a defendant and that the defendant pay the
plaintiff
$ costs or the plaintiff's costs, which have been taxed
at $ ], enter the land and cause the plaintiff to have possession of it
[ where there is a defendant ], and levy on the property of the defendant
which is authorised by law to be taken in execution for [ continue as in Form
68A as for a levy for costs only ] and indorse [ continue as in Form 68A ].
SCHEDULE
[ Describe land as in judgment ]
Issued [ insert date ].
By the Court
Issued at the request of the plaintiff.
[ where there is a defendant ] The last known address of the defendant [
continue as in Form 68A ].
Form 57A—Writ of habeas corpus
WRIT OF HABEAS CORPUS
[ heading as in Form 5A ]
TO THE DEFENDANT:
of [ address ]
HAVE the plaintiff [ or name of person restrained, if not the plaintiff ] before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [ insert date ] and thereafter submit to the further order of the Court as to the custody of the plaintiff [ or name of person restrained, if not the plaintiff ].
YOU are required to make a return to this writ by filing a notice stating the grounds of detention of the plaintiff [ or as the case may be ] and serving a copy on the plaintiff at or before the time referred to above.
TAKE NOTICE that disobedience to this writ is a contempt of court which may be punished by imprisonment or fine or both.
Issued [ insert date ].
By the Court
Form 58A—Notice of appeal
IN THE SUPREME COURT OF VICTORIA 20 No.
AT MELBOURNE
In the matter of section 271 of the Children, Youth and Families Act 2005
BETWEEN AB Appellant
AND CD Respondent
NOTICE OF APPEAL
|
Date of document: |
|
Filed on behalf of the Appellant |
|
Prepared by: [ insert details ] |
TAKE NOTICE that the abovementioned appellant appeals to the Supreme Court under section 271 of the Children, Youth and Families Act 2005 against the decision of the Children's Court of Victoria made on [ insert date ].
The order appealed against was that [ insert details of order made ]
OR
was as attached [ attach copy of order ]
The appellant appeals against the whole of that order
OR
against that part of the order by which it was provided [ identify that part of the order which is appealed against ].
The appellant appeals on the following grounds: [ insert concisely and in numbered paragraphs the grounds of appeal relied upon ].
This appeal will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne on the [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.
Signed by the Appellant
or the Appellant's solicitors
Form 58B—Notice of appeal and undertaking to prosecute
NOTICE OF APPEAL AND UNDERTAKING TO PROSECUTE
[under section 328 of the Children, Youth and Families Act 2005 ]
The name of the appellant is:
The name and address of the respondent is:
1. To the Registrar of the Children's Court at:
2. To the Prothonotary at:
3. And to the abovenamed respondent:
A. The proceeding(s) appealed from—
1. Venue of the Children's Court appealed from:
2. Date(s) of order(s) made in the Children's Court:
3. Particulars of order(s) [ if space insufficient attach extra page(s) ]
B. The appeal is to be heard by the Supreme Court *at a.m.
[or p.m.] on [date] , at , [or]
*at a time and place
to be fixed by the Prothonotary.
C. General Grounds of Appeal
[ insert particulars ]
D. 1. Appellant's personal address for service:
2. Solicitor's name and address for service:
E. The appellant requests the Prothonotary to list the appeal.
Dated:
Signature of *Appellant/*Solicitor for Appellant
* Delete if inapplicable.
UNDERTAKING TO PROSECUTE
I, [ name ]
of [ address ] UNDERTAKE to
(1) (a) *appear at the Supreme Court to prosecute the appeal at a.m. [or p.m.] on [date] , at 210 William Street, Melbourne, to appear in the Supreme Court for the duration of the appeal; and
OR
(b) *appear at the Supreme Court sitting at to prosecute the appeal on a day to be fixed by the Prothonotary and to appear for the duration of the appeal; and
(2) notify the Prothonotary in writing of any change of address from that appearing in the notice of appeal.
Dated:
Signature of appellant
In the presence of:
* Delete if inapplicable.
Form 58D—Notice of abandonment of appeal
NOTICE OF ABANDONMENT OF APPEAL
IN THE SUPREME COURT
OF VICTORIA
AT
The name of the appellant is:
The name and address of the respondent is:
1. To the Prothonotary at:
2. To the abovenamed respondent:
I wish to abandon my appeal against the order(s) made by the Children's Court.
I give notice of the abandonment of the appeal, particulars of which are set out below:
1. Venue of Children's Court at which order(s) made:
2. *Date of application/order to which appeal relates:
3. Nature of application/order ( e.g. protection order, irreconcilable differences application, therapeutic treatment order etc .) (state shortly):
4. Date of order(s) appealed from:
5. Particulars of order(s) [ if space insufficient attach extra page(s) ]
I acknowledge that the order(s) appealed from shall now take effect.
Dated:
Signature of appellant
* Delete if inapplicable.
Form 58G—Application to set aside order striking out appeal for failure to appear
APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR
|
Appeal No: |
[ date ]
To: The Prothonotary
at
and
To: The Respondent
of
Appellant's name
Address
CHILDREN'S COURT APPEALED FROM:
I apply for an order setting aside an order made on [ insert date of order ] striking out my appeal for my failure to appear.
The application is made on the ground that my failure to appear was not due to fault or neglect on my part.
|
(Give details here of reasons for non-appearance) |
Dated:
Signature of Appellant
[Notice of this application must be served on the respondent a reasonable time before making of the application and in the same way as a notice of appeal]
If the Supreme Court grants the application it must order the reinstatement of the appeal subject to the payment of any costs that the Court thinks fit. The Court may also require the appellant to give a further undertaking to prosecute the appeal.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Office use only]
To: 1. The Appellant
2. Prosecuting Agency
3. The Registrar of the Children's Court at
The Application for rehearing is listed for at a.m.
Form 59A—Notice of judgment
NOTICE OF JUDGMENT
[ heading as in originating process ]
To [ name ]
of [ address ]
TAKE NOTICE that—
1. A judgment [ or An order] of the Court was given [ or made ] on [ insert date ] by which it was [ state substance of judgment or order ].
2. From the time of service of this notice you [ or some other person, naming that person, as the case may be ] will be bound by the judgment [ or order] to the same extent as you [ or that person] would have been if you [or that person] were a party on the day the judgment [ or order] was given [ or made].
3. Without filing an appearance, you [ or the other person ] may apply by summons filed within 28 days after service of this notice for an order that the judgment [ or order] be set aside or varied.
4. After filing an appearance, you [ or the other person ] may attend on the taking of the account or the making of the inquiry under the judgment [ or order].
Dated [ insert date ].
[ Signed ]
Form 60A—General form of judgment given
GENERAL FORM OF JUDGMENT GIVEN
[ heading as in originating process ]
JUDGMENT
JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:
DATE GIVEN: [ insert date ]
ORIGINATING PROCESS: [ e . g . Writ] [ state whether by writ, by originating motion or otherwise ]
HOW OBTAINED: [ e . g . By plaintiff's summons dated 15 June 20 ] [ state whether on application by or without summons before trial with date of summons or application, or at trial with date of commencement of trial ]
ATTENDANCE: [ 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 ]
THE JUDGMENT OF THE COURT IS THAT:
1.
2. [ terms of judgment ]
3.
DATE AUTHENTICATED:
Form 60B—General form of judgment entered
GENERAL FORM OF JUDGMENT ENTERED
[ heading as in originating process ]
JUDGMENT
DATE ENTERED:
ORIGINATING PROCESS: [ state whether by writ, by originating motion or otherwise ]
HOW OBTAINED: [ state whether in default of appearance or defence or otherwise ]
THE JUDGMENT OF THE COURT IS THAT:
1.
2. [ terms of judgment ]
3.
Form 60C—General form of order
GENERAL FORM OF ORDER
[ heading as in originating process ]
ORDER
JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:
DATE MADE:
ORIGINATING PROCESS: [ state whether by writ, by originating motion or otherwise ]
HOW OBTAINED: [ state whether on application by or without summons, identifying party filing summons or, if no summons, making application, and whether application made before trial with date of summons or application, or at trial with date of commencement of trial ]
ATTENDANCE: [ 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 ]
THE COURT ORDERS THAT:
1.
2. [ terms of order ]
DATE AUTHENTICATED:
Form 60D—Judgment at trial by Judge without a jury
JUDGMENT AT TRIAL BY JUDGE WITHOUT A JURY
[ heading as in originating process ]
JUDGE:
DATE GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Trial without a jury, commenced on [ insert date ].
ATTENDANCE:
OTHER MATTERS:
THE JUDGMENT OF THE COURT IS THAT:
[ e . g .]
The defendant personally and by the defendant's servants and agents be perpetually restrained from [ as the case may be ].
or
There be judgment for the defendant together with costs to be taxed.
DATE AUTHENTICATED:
Form 60E—Judgment at trial by Judge with a jury
JUDGMENT AT TRIAL BY JUDGE WITH A JURY
[ heading as in originating process ]
JUDGE:
DATE GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Trial with a jury of six, commenced on , 20 .
ATTENDANCE:
OTHER MATTERS: [ set out findings of jury ]
THE JUDGMENT OF THE COURT IS THAT:
[ e.g. ]
The defendant pay the plaintiff $ and costs to be taxed.
or
There be judgment for the defendant together with costs to be taxed.
DATE AUTHENTICATED:
Form 60F—Judgment or Order at trial of preliminary question
JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION
[ heading as in originating process ]
JUDGE:
DATE GIVEN [ or MADE]:
ORIGINATING PROCESS:
HOW OBTAINED: Trial of question pursuant to order [ identify order ], commenced on
ATTENDANCE:
OTHER MATTERS: The Court finds that:
[ state findings of Court ]
THE JUDGMENT OF THE COURT IS THAT:
[ e.g. ]
The defendant pay the plaintiff $ and costs to be taxed.
or
There be judgment for the defendant together with costs to be taxed.
[ or THE COURT ORDERS THAT:]
[ e.g. ]
The proceeding be set down for trial at [ or as the case may be ]
DATE AUTHENTICATED:
Form 60G—Default judgment for debt
DEFAULT JUDGMENT FOR DEBT
[ heading as in originating process ]
DATE ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [ or defence].
THE JUDGMENT OF THE COURT IS THAT:
[e.g.] The defendant pay the plaintiff $ and $ costs [ or costs to be taxed].
Form 60H—Default judgment for recovery of land
DEFAULT JUDGMENT FOR RECOVERY OF LAND
[ heading as in originating process ]
DATE ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [ or defence].
THE JUDGMENT OF THE COURT IS THAT:
The plaintiff recover possession of the land described in the indorsement of claim on the writ as [ description of land *] and that the defendant pay the plaintiff $ costs [or pay the plaintiff's costs to be taxed].
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* [ Note: The land should be so described as to be physically identifiable. ]
Form 60J—Interlocutory or interlocutory and final judgment for damages in default
INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DAMAGES IN DEFAULT
[ heading as in originating process ]
DATE INTERLOCUTORY JUDGMENT ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [ or defence].
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff damages to be assessed and $
costs [ or costs
to be taxed].
JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:
DATE FINAL JUDGMENT GIVEN:
HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.
ATTENDANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed damages and costs to be taxed [ or as the case may be ]
DATE AUTHENTICATED:
[ Note : This form is a combined form of interlocutory and final judgment.
The plaintiff may at the plaintiff's option enter interlocutory judgment
by omitting the words below the line in the form and obtain the authentication
of a separate final judgment in Form 60K .]
Form 60K—Final judgment for damages or value in default
FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT
[ heading as in originating process ]
JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:
DATE FINAL JUDGMENT GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Assessment of damages [ or value] pursuant to interlocutory judgment entered on in default of appearance [ or defence].
ATTENDANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [ or as the case may be ].
DATE AUTHENTICATED:
Form 60L—Interlocutory or interlocutory and final judgment for detention of goods in default
INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DETENTION OF GOODS IN DEFAULT
[ heading as in originating process ]
DATE INTERLOCUTORY JUDGMENT ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [ or defence].
THE JUDGMENT OF THE COURT IS THAT:
The defendant deliver to the plaintiff the goods described in the indorsement of claim on the writ as [ description of goods ] or pay the plaintiff the value of the goods to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].
or
The defendant pay the plaintiff the value of the goods described in the indorsement of claim on the writ to be assessed [and also damages for their detention to be assessed] and $ costs [or costs to be taxed].
JUDGE OF THE COURT [ or ASSOCIATE JUDGE]:
DATE FINAL JUDGMENT GIVEN:
HOW OBTAINED: Assessment of [ complete appropriately ] pursuant to interlocutory judgment.
ATTENDANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed
value of
$ [and the assessed damages or the assessed damages] and
costs to be taxed [ as the case may be ]
DATE AUTHENTICATED:
[ Note : This form is a combined form of interlocutory and final judgment.
The plaintiff may at the plaintiff's option enter interlocutory judgment
by omitting the words below the line in the form and obtain the authentication
of a separate final judgment in Form 60K .]
Form 61A—Application for order for payment of judgment debt by instalments
APPLICATION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
This application is made to *an Associate Judge/*a judicial registrar by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated the [insert date] for $ and costs.
$ is now owing under the judgment, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest [if capable of calculation where the judgment debtor applies ].
The [ judgment creditor or judgment debtor ] hereby applies for an order for the payment by instalments of the sum owing under the judgment as follows:
[ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
The grounds on which the application is made are [ complete appropriately ].
The address for service of the [ judgment creditor or judgment
debtor]
is .
The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is .
Dated [ insert date ].
Signature of Applicant or Applicant's Solicitor
[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 72C .]
*Delete if not applicable
Form 61B—Application for order in substitution for order for payment of judgment debt by instalments
APPLICATION FOR ORDER IN SUBSTITUTION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
This application is made to *an Associate Judge/*a judicial registrar by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [ insert date ] for $ and costs.
On 20 an order was made that the [judgment debtor] pay
$ , the sum then owing under the judgment, by instalments as follows:
[ insert terms of order ]. The [ judgment debtor ] has duly paid the
instalments in accordance with the order [ or has failed to pay the
instalments which under the order were due on and the
instalments are now in arrears in the sum of
$ ].
$ is now owing under the judgment, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest [if capable of calculation where the judgment debtor applies ].
The [ judgment creditor or judgment debtor ] hereby applies, for an order in substitution for the order made on 20 , namely, for an order for the payment of $ , the sum owing under the judgment, by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
The grounds on which the application is made are
[ include particulars of any material change in the circumstances of the judgment debtor since the date of the order ].
The address for service of the [ judgment creditor or judgment
debtor]
is .
The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is .
Dated [ insert date ].
Signature of Applicant or Applicant's Solicitor
[ Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of the judgment debtor's financial situation which gives the information required by Form 72C .]
*Delete if not applicable
Form 61C—Application to the Court for variation or cancellation of order for payment of judgment debt by instalments
APPLICATION TO THE COURT FOR VARIATION OR CANCELLATION OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
This application is made to the Court by the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [insert date] for $ and costs.
On 20 an order was made that the [judgment debtor]
pay $ , the sum then owing under the judgment, by instalments as follows:
[ insert terms of order ]. The [ judgment debtor ] has duly paid the
instalments in accordance with the order [ or has failed to pay the
instalments which under the order were due on and the instalments
are now in arrears in the sum of
$ ].
$ is now owing under the judgment, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest [if capable of calculation where the judgment debtor applies ].
The [ judgment creditor or judgment debtor ] hereby applies for an order that the order made on 20 be varied as follows: [give particulars of variation sought stating amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid under the order as varied ] [ or be cancelled].
The grounds on which the application is made are
[ Where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order ].
[ Where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate ].
TAKE NOTICE that the application will be heard before the Judge in the
Practice Court, Supreme Court, William Street, Melbourne, on [ insert
date]
at a.m. [or p.m.] or so soon afterwards as
the business of the Court allows.
The address for service of the [ judgment creditor or judgment debtor ] is
The usual or last known place of residence or of business or registered office of the [ judgment debtor or judgment creditor ] is .
Dated [ insert date].
Signature of Applicant or Applicant's Solicitor
[ Note that where the application is made by a judgment debtor, the
judgment debtor must file an affidavit of the judgment debtor's financial
situation which gives the information required by Form 72C .]
Form 61D—Order relating to payment of judgment debt by instalments
ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
[ follow Form 60C except as below ]
THE COURT ORDERS THAT:
The [ judgment debtor ] pay to the [ judgment creditor ] $ , being the sum owing in respect of a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows:
[ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
or
The following order be substituted for the order made on ,
20
that the [judgment debtor] pay by instalments $ which
was then owing under a judgment for the [ judgment creditor ] against the [
judgment debtor ] dated [ insert date ]:
[ complete appropriately ]
or
The order made on 20 that the [judgment debtor] pay by instalments $ which was then owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] be varied as follows:
[ complete appropriately ]
or
The order made on 20 that the [judgment debtor] pay
by instalments $ which was then owing under a judgment for the
[ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] be
cancelled [ or be confirmed and the application dismissed].
Form 61E—Notice of order or refusal of order for payment of judgment debt by instalments
NOTICE OF ORDER OR REFUSAL OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
To the [ judgment creditor ]
And to the [ judgment debtor ]
TAKE NOTICE that on 20 I made an order on the application of the [ judgment creditor or judgment debtor ] that the [ judgment debtor] pay to the [judgment creditor] $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows: [ state amount of each instalment, weekly, monthly or other period of payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
or
that on 20 I refused an application by the [judgment
creditor or judgment debtor ] for an order that the [ judgment debtor ]
pay by instalments
$ , being the sum owing under a judgment for the
[ judgment creditor ] against the [ judgment debtor ] dated [ insert date ].
Dated [ insert date ]
*Associate Judge/*Judicial Registrar
Note: If you are dissatisfied with the order or refusal referred to in this Notice you may file a Notice of Objection with *an Associate Judge/*a judicial registrar within 14 days after receipt by you of this Notice. The Notice of Objection should be in Form No. 61F of Chapter I of the Rules of the Supreme Court.
*Delete if not applicable
NOTICE OF OBJECTION
[ heading as in originating process ]
To *Associate Judge/*Judicial Registrar
TAKE NOTICE that the [ judgment creditor or judgment debtor ] of [ usual place of residence or of business or registered office ] objects to the order made on 20 that [complete appropriately ].
or
to the refusal on 20 of an application by the [judgment creditor or judgment debtor ] for an order that [ complete appropriately ].
The address for service of the [ judgment creditor or judgment
debtor]
is .
Dated [ insert date ]
Signature of objector or objector's solicitor
*Delete if not applicable
Form 61G—Notice of hearing of objection
NOTICE OF HEARING OF OBJECTION
[ heading as in originating process ]
To the [ judgment creditor ]
And to the [ judgment debtor ]
TAKE NOTICE that the [ judgment creditor or judgment debtor ] has filed notice of objection to an order of *Associate Judge/*Judicial Registrar made on 20 on the application of the [judgment creditor or judgment debtor ] that [ complete appropriately ] [or to the refusal by *Associate Judge/*Judicial Registrar on 20 of an application by the [ judgment creditor or judgment debtor ] for an order that [ complete appropriately ].
The objection will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.
Dated [ insert date ]
*Associate Judge/*Judicial Registrar
*Delete if not applicable
Form 61H—Notice by Court relating to payment of judgment debt by instalments
NOTICE BY COURT RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS
[ heading as in originating process ]
To the [ judgment creditor ]
And to the [ judgment debtor ]
THIS NOTICE is given in relation to the judgment dated [ insert date ] by which it was adjudged that the [ judgment debtor ] pay to the [judgment creditor] $ and costs.
[ to be completed where an Associate Judge or a judicial registrar has refused to order the payment of the judgment debt by instalments ]
On 20 *Associate Judge/*Judicial Registrar refused an application by the [ judgment creditor or judgment debtor ] for an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments.
TAKE NOTICE that the [ judgment creditor or judgment debtor ] filed notice of
objection to the refusal of the *Associate Judge/*judicial registrar
and that on 20 the Court made an order that the [judgment
debtor] pay to the [judgment creditor]
$ , being the sum owing
under the judgment by instalments as follows: [ state amount of each
instalment, weekly, monthly or other period for payment, number of
instalments, date of payment of first and last instalment, name and address of
person to be paid ] [ or the Court refused to make an order that the [
judgment debtor ] pay the sum owing under the judgment by instalments].
[ to be completed where an Associate Judge or a judicial registrar has ordered the payment of the judgment debt by instalments ]
On 20 *Associate Judge/*Judicial Registrar , on the application of the [ judgment creditor or judgment debtor ], made an order that the [ judgment debtor ] pay the sum owing under the judgment by instalments as follows: [ state amount of each instalment, weekly or monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
TAKE NOTICE that the [ judgment creditor or judgment debtor ] filed notice of objection to the order of the *Associate Judge/*judicial registrar and that on 20 the Court made an order that the order of the *Associate Judge/*judicial registrar be confirmed [ or varied as follows: complete appropriately ] [ or cancelled].
Dated [ insert date ]
By the Court
Prothonotary
*Delete if not applicable
INSTALMENT AGREEMENT
[ heading as in originating process ]
1. This agreement is made between the [ judgment creditor ] of [ usual place of residence or of business or registered office ] and the [ judgment debtor ] of [ usual place of residence or of business or registered office ] with respect to the judgment for the [ judgment creditor ] against the [ judgment debtor ] in the Supreme Court dated [insert date] for $ and costs.
2. $ is owing under the judgment, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest.
3. The parties hereby agree that the [ judgment debtor ] shall pay and the [judgment creditor] will accept payment of $ , being the sum owing under the judgment, by instalments as follows:
|
(a) |
Number of instalments: | |
|
(b) |
Amount of each instalment: | |
|
(c) |
Weekly, monthly or other period for payment: | |
|
(d) |
Date of payment of— | |
| |
last instalment: | |
|
(e) |
Name and address of person to whom payment to be made: | |
4. The [ judgment debtor ] acknowledges that he, she or it is aware that, upon filing of this agreement, an order will be made in the terms of this agreement and that for a breach of the agreement he, she or it may be required to attend before the Court.
Dated [ insert date ]
Signed by the judgment creditor:
Witness:
Signed by the judgment debtor:
Witness:
Form 61K—Order for instalment payment of judgment debt after agreement
ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT
[ heading as in originating process ]
[ follow Form 60C except as below ]
THE COURT ORDERS THAT:
In accordance with an agreement dated 20 made between the
[ judgment creditor ] and the [ judgment debtor ] under the
Judgment Debt Recovery Act 1984 and filed the [ judgment debtor ]
pay to the [judgment creditor] $ , being the sum owing under a
judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [
insert date ], by instalments as follows: [ state amount of each instalment,
weekly, monthly or other period for payment, number of instalments, date of
payment of first and last instalment, name and address of person to be paid ].
Form 61L—Notice of order for instalment payment of judgment debt after agreement
NOTICE OF ORDER FOR INSTALMENT PAYMENT OF JUDGMENT DEBT AFTER AGREEMENT
[ heading as in originating process ]
To the [ judgment creditor ]
And to the [ judgment debtor ]
TAKE NOTICE that on 20 , in accordance with an agreement dated 20 made between the [judgment creditor] and the [ judgment debtor ] under the Judgment Debt Recovery Act 1984 and filed, I made an order that the [ judgment debtor ] pay to the [judgment creditor] the sum of $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] by instalments as follows: [ state amount of each instalment, weekly, monthly or other period for payment, number of instalments, date of payment of first and last instalment, name and address of person to be paid ].
Dated [ insert date ]
*Associate Judge/*Judicial Registrar
*Delete if not applicable
Form 61M—Summons to attend for oral examination
SUMMONS TO ATTEND FOR ORAL EXAMINATION
( Judgment Debt Recovery Act 1984 )
[ heading as in originating process ]
To the [ judgment debtor ]
You are summoned to attend before the Court to be orally examined as to any matter related to your financial circumstances generally and your means and ability to satisfy the judgment against you in favour of the [ judgment creditor] dated [insert date] under which judgment $ is owing.
Your examination is required for the purpose of your application [ or an application by the judgment creditor ] for an order that the sum of $ be paid by instalments [or for an order that an order made on 20 that the [judgment debtor] pay by instalments $ , being the sum owing under the judgment, be confirmed or varied or cancelled].
or
Your examination is required with respect to an allegation made by the [ judgment creditor ] that you have defaulted in the payment of instalments under an order made on 20 that you pay by instalments $ , being the sum owing under a judgment against you in favour of the [ judgment creditor ] dated [ insert date ].
You are required to produce to the Court on the examination the following documents: [ description of documents ].
The examination will be held before the Judge in the Practice Court, Supreme Court, William Street, Melbourne [or the Associate Judge in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne], on [insert date] at a.m. [ or p.m.] or so soon afterwards as the business of the Court allows.
Issued [ insert date ].
By the Court
Prothonotary
Note: If you do not attend the Court as directed by this summons, the Court
may issue a warrant for your arrest.
Form 61N—Warrant of apprehension on disobedience to summons
WARRANT OF APPREHENSION ON DISOBEDIENCE TO SUMMONS
[ heading as in originating process ]
To all police officers of the State of Victoria.
[ Name of judgment debtor ] of [ address ] has failed to attend before the
Supreme Court at the time and place appointed by the summons issued
on
20 to be examined concerning that person's financial
circumstances:
I authorise you to enter and search by day or by night any dwelling-house, tenement, ship or place whatsoever [ or the dwelling-house or tenement or ship situated at ] where the said person is suspected to be [ or to be concealed or to be unlawfully detained] using all necessary force for that purpose and if necessary to break any outer door or window and to apprehend that person and to bring that person before the [ continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3) ].
Issued [ insert date ].
By the Court
Prothonotary
Form 61P—Notice to judgment creditor of summons or warrant to judgment debtor
NOTICE TO JUDGMENT CREDITOR OF SUMMONS OR WARRANT TO JUDGMENT DEBTOR
[ heading as in originating process ]
To the [ judgment creditor ]
of [ address ]
TAKE NOTICE that on 20 a summons was issued requiring the [ judgment debtor ] to attend before the Court to be orally examined for the purpose of an application by the [ judgment creditor or judgment debtor ] with respect to the payment by instalments of the sum owing under the judgment for the [ judgment creditor ] against the [ judgment debtor] dated [insert date] for $ and costs.
or
TAKE NOTICE that on 20 a warrant was issued for the apprehension of the [ judgment debtor ] for his or her failure to comply with a summons requiring him or her to attend before the Court on 20 to be orally examined for the purpose of an application by the [ judgment creditor or judgment debtor ] with respect to the payment by instalments of the sum owing under the judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ] for $ and costs.
By the summons [ or the warrant] the [ judgment debtor ] is required to attend [ or be brought] before the [ continue as in Form 61M, specifying the time and place as required by section 14(3) or 17(3 )].
Dated [ insert date ]
*Associate Judge/*Judicial Registrar
*Delete if not applicable
Form 61Q—Notice by Court of confirmation, variation or cancellation of judgment debt instalment order
NOTICE BY COURT OF CONFIRMATION, VARIATION OR CANCELLATION OF JUDGMENT DEBT INSTALMENT ORDER
[ heading as in originating process ]
To the [ judgment creditor ]
And to the [ judgment debtor ]
THIS NOTICE is given in relation to the default by the [ judgment debtor ] in the payment of instalments under an order made on 20 that the [judgment debtor] pay by instalments $ , being the sum owing under a judgment for the [ judgment creditor ] against the [ judgment debtor ] dated [ insert date ].
TAKE NOTICE that on 20 , after examining the [judgment debtor ], the Court made an order that the said order for payment by instalments be confirmed [ or varied as follows: complete appropriately ] [ or cancelled].
Dated [ insert date ]
By the Court
Prothonotary
Form 61R—Certificate of payment
CERTIFICATE OF PAYMENT
[ heading as in originating process ]
To the Governor of the prison at
By virtue of an order for imprisonment
made by the Supreme Court on 20 [name of judgment debtor]
of [ address ] was committed to prison at [ insert place ].
This certifies that the said [ name of judgment debtor ] has paid the instalments of which default was made and is now entitled to be discharged out of custody.
Dated [ insert date ]
*Associate Judge/*Judicial Registrar
*Delete if not applicable
Form 63A—Summons for taxation of costs
[ heading as in originating process ]
To: [ identify each party or other person to whom summons is addressed and state address of each person not a party ].
You are summoned to attend before the Costs Court [ insert address ] on [insert date] at a.m. [or p.m.] on the hearing of an application by [ identify party ] for the costs which are payable to [ that party ] by [ identify party liable for costs ] under [ identify the judgment, etc. by which payable ] to be taxed in accordance with the bill of costs served on 20 [ or with this summons].
Filed [ insert date ].
This summons was filed by of , solicitor for the .
TAKE NOTICE that whether or not you attend on the day for hearing referred to
above the costs claimed in the bill may be allowed unless at least seven days
before that day you file and serve on the [ identify party ] a notice
identifying each item in the bill to which you object.
Form 64A—Application for leave to appeal/notice of appeal/cross-application for leave to appeal/notice of cross-appeal
Rules 64.02, 64.03, 64.30, 64.31
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
*APPLICATION FOR LEAVE TO APPEAL/*NOTICE OF APPEAL/*CROSS-APPLICATION FOR LEAVE TO APPEAL/*NOTICE OF CROSS-APPEAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
*Applicant/*Appellant's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Respondent's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Decision from which the *application for leave/*appeal is made:
Judicial Officer:
*Court/*Tribunal:
Date of decision made:
*Court/*Tribunal file number:
Is the whole of the decision sought to be appealed or being appealed?
*YES/*NO
[ If no, state which part of the decision is sought to be appealed or appealed against. ]
2. Is leave to appeal required?
*YES/*NO
3. If leave to appeal is not required, state why:
4. Is an oral hearing of *leave application/*cross-application for leave requested?
*YES/*NO
5. Reasons for granting leave to appeal:
[ If leave is required, set out specifically and concisely the reasons why leave should be granted. ]
1.
2.
6. Grounds or proposed grounds of appeal:
[ Set out specifically and concisely the grounds or proposed grounds of appeal. ]
1.
2.
7. Orders sought:
8. Other applications:
[ Identify any other applications you are filing with this application for leave or appeal: see Rule 64.03(3) for the requirements .]
9. Extension of time requested:
*YES/*NO
[ If yes, an extension application, supporting affidavit and any additional documents required to be filed by any applicable practice direction or by Rule 64.08 should be filed with this form. ]
10. Stay applied for:
*YES/*NO
[ If yes, an application for stay, supporting affidavit and any additional documents required to be filed by any applicable practice direction should be filed with this form: see Rule 64.03(3). Note also that an application for stay may be made to the lower court judge in the first instance. ]
11. Is the application for leave or appeal urgent?
*YES/*NO
[ If yes, state why .]
12. Persons to be served with notice:
[ Identify all parties on whom it is proposed to serve this form and related documents. Note that a list of all parties served must be filed within 7 days after service: see Rule 64.06(5). ]
[ Note to party completing this Form:
Under the Rules, a written case is required to be filed with this notice and other documents may also be required to be filed in accordance with any applicable practice direction. ]
Date:
Signed
[ Name of lawyer/self-represented party ]
*delete if inapplicable
Form 64B—Application other than for leave to appeal or to cross-appeal
Rules 64.03, 64.08, 64.10, 64.13, 64.38
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
APPLICATION OTHER THAN FOR LEAVE TO APPEAL OR TO CROSS-APPEAL
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
*Applicant/*Appellant's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Respondent's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
AND TO the respondent [ name and address ]
I wish to apply for the following order:
This application is made on the following grounds:
[ insert as applicable ]
Date:
Signed
[ Name of lawyer
/self-represented party ]
*delete if inapplicable.
Note:
An application other than for leave to appeal or cross-appeal must be filed with an affidavit and any additional documents required to be filed, at the time of commencing the application, by any applicable practice direction.
An application must be accompanied by the applicable filing fee.
Form 64C—List of persons served
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
LIST OF PERSONS SERVED
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
Party's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Pursuant to Rule 64.06(5) of Chapter I of the Rules of the Supreme Court, the undersigned states that a copy of the *Application for Leave to Appeal/*Notice of Appeal and all other documents required by the rules or any applicable practice direction were served on the following parties:
[ list the parties (e.g. first respondent, second respondent etc and the firm names of their solicitors if represented or their details if self-represented), their addresses ( including email addresses) and the date served ].
Example
|
Person served |
Solicitor |
Date served | |
|
A Smith |
First respondent |
A Brown & Co Solicitors 100 Beach St Mentone VIC 3194 Email: reception@brownsolicitors.com.au |
1 February 2014 |
| | | | |
| | | | |
Date:
Signed
[ Name of lawyer/self-represented party ]
*delete if inapplicable.
Form 64D—Notice of opposition to application other than for leave to appeal
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
NOTICE OF OPPOSITION TO APPLICATION OTHER THAN FOR LEAVE TO APPEAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
Party's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
AND TO the *applicant/*appellant/*respondent
TAKE NOTICE that the *applicant/*appellant/*respondent opposes the application *to/*for [ insert brief description of application ] filed on [ date ] for the following reasons:
[ state briefly but specifically the reasons for the opposition ]
1.
2.
Note:
This notice must be accompanied by any affidavit on which the *applicant/*appellant/*respondent intends to rely in opposition to the application and any additional document required by any applicable practice direction.
Date:
Signed
[ Name of lawyer
/self-represented party ]
*delete if inapplicable.
Form 64E—Notice of intention not to respond or contest
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
NOTICE OF INTENTION NOT TO RESPOND OR CONTEST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
Party's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
AND TO the *applicant/*appellant/*respondent
TAKE NOTICE that the *applicant/*appellant/*respondent *does not intend to respond to/*does not contest the [*appeal/*application] filed on [ date ].
Date:
Signed
[ Name of lawyer
/self-represented party ]
*delete if inapplicable.
Form 64F—Application to have dismissal of application for leave set aside or varied
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
APPLICATION TO HAVE DISMISSAL OF APPLICATION FOR LEAVE SET ASIDE OR VARIED
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
*Applicant/*Appellant's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Respondent's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
I, [ full name ], having received the Registrar's notification that my application for leave to appeal has been determined and dismissed by the Court of Appeal without an oral hearing and without that Court making a determination that the application was completely without merit, apply to have the dismissal set aside or varied at a hearing of my application.
Date:
Signed
[ Name of lawyer
/self-represented party ]
*delete if inapplicable.
Note:
The Court will determine an application to have the dismissal set aside or
varied on the basis of the application, written cases and documents filed by
the parties prior to the decision to dismiss the application and any
additional documents ordered by the Court or the Registrar . Further material
will not be considered except with the Court's leave.
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
NOTICE OF CONTENTION
Date of Document:
Filed on behalf of:
Party's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
AND TO the *applicant/*appellant
The respondent contends that the judgment of the [ court or tribunal appealed from ] should be affirmed on a ground of fact or law which *was not decided/*was erroneously decided/*was not raised for decision in the court or tribunal.
The respondent does not seek to cross-appeal from any part of the judgment.
Grounds:
[ Specifically and concisely identify the legal reasons to support the judgment of the court or tribunal ]
1.
2.
Date:
Signed
[ Name of lawyer
/self-represented party ]
*delete if inapplicable.
Note:
This notice must be accompanied by a written case and other documents
specified by any applicable practice direction.
Form 64H—Notice of objection to competency
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
IN THE COURT OF APPEAL
File No.
BETWEEN
Applicant/Appellant
and
NOTICE OF OBJECTION TO COMPETENCY
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of Document:
Filed on behalf of:
*Applicant/*Appellant's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Respondent's or lawyer's name and address:
Solicitor Code:
Tel:
Fax:
Ref:
Email:
Details of additional parties (if any) are attached:
*YES/*NO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
TO: the Registrar
AND TO the *applicant/*appellant
The [ e.g. first respondent ] objects to the competency of [* application/*appeal ].
Grounds:
[ Briefly but specifically state the grounds of objection ]
1.
2.
*Further, the respondent applies for the question of competency to be heard and determined before the hearing of the *application/*appeal.
Date:
Signed
[ Name of lawyer/
self-represented party ]
*delete if inapplicable.
Form 68A—Warrant of seizure and sale
WARRANT OF SEIZURE AND SALE
[ heading as in originating process ]
TO THE SHERIFF:
In respect of the judgment [ or order] dated [ insert date ] by which it was adjudged [ or ordered] that [ judgment debtor ] pay $ to [ judgment creditor ] together with costs, which have been taxed at $ , [ or by which it was ordered that] [ judgment debtor ] pay certain costs to [judgment creditor], which have been taxed at $ , Levy On The Property Of [ judgment debtor ] which is authorised by law to be taken in execution for—
(a) $ , being $ now due and payable exclusive of taxed costs and $ for taxed costs; [or $ for taxed costs];
(b) $ , being interest at the rate or rates fixed in accordance with law, on [ amount due and payable exclusive of taxed costs ] from the date of the judgment [ or order];
(c) $ , being interest at the rate or rates fixed in accordance with law, on [amount of taxed costs] from 20 [date of taxation of costs ];
(d) $ , being the costs of this [and of any prior] warrant and
(e) your fees and expenses for this [and for any prior] warrant,
And Pay the amount so levied other than your fees and expenses to [ judgment creditor ] or otherwise as the law requires And Indorse on this warrant immediately after you have performed all your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to [ judgment creditor ].
*For the purposes of section 52(2) of the Transfer of Land Act 1958 , the land in the folio or folios of the Register kept under that Act identified by folio number(s) [ insert relevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant.
Issued [ insert date ]
By the Court
Prothonotary
Issued at the request of [ judgment creditor ].
The last known address of [ judgment debtor ] is [ add if it is different and the address of the place where it is believed the property of [judgment debtor] may be found is ].
*Delete if not applicable.
Form 68B—Warrant of possession
[ heading as in originating process ]
TO THE SHERIFF:
In respect of the judgment dated [ insert date ] by which it was adjudged that [ identify party or other person for whom judgment was entered or given ] recover possession of the land described in the schedule and that [ identify party or other person against whom judgment was entered or given ] pay [ identify party or other person ] costs [ or pay $ to the [ identify party or other person ] together with costs], which have been taxed at $ , Enter The Land and cause [identify party or other person ] to have possession of it, and levy on the property of [ identify party or other person ] which is authorised by law to be taken in execution for [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].
SCHEDULE
[ Describe land as in judgment ]
Issued [ insert date ].
By the Court
Prothonotary
Issued at the request of [ identify party or other person for whom judgment was entered or given ].
The last known address of [ continue as in Form 68A ].
WARRANT OF DELIVERY
[ heading as in originating process ]
TO THE SHERIFF:
In respect of the judgment [ or order] dated [ insert date by which it was adjudged [ or ordered] that [ identify party or other person against whom judgment was entered or given or order made ] deliver the goods described in the schedule to [ identify party or other person for whom judgment was entered or given or order made ] and pay [$ damages for their detention and] costs, which have been taxed at $ , Cause The Goods To Be Delivered to [ identify party or other person ] And Levy on the property of [ identify party or other person ] which is authorised by law to be taken in execution [ continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only ] And Indorse [ continue as in Form 68A ].
or
[ where judgment or order is for delivery of goods or payment of their assessed value with or without an award of damages for their detention :]
In respect of the judgment [ or order] dated [ insert date ] by which it was
adjudged [ or ordered] that [ identify party or other person ] do deliver the
goods described in the schedule to [ identify party
or other person] or pay
$ their assessed value [and $
damages for their detention] and costs, which have been taxed at $ ,
Cause The Goods To Be Delivered to [ identify party or other person ] And Levy
on the property of [ identify party or other person ], which is authorised by
law to be taken in execution—
(a) if you cannot cause the goods to be so delivered, for $ [ assessed value of the goods ];
(b) for $ , being $ [amount of damages] due and payable exclusive of taxed costs and $ for taxed costs; [or
(c) for $ for taxed costs;]
[ continue as in Form 68A according to whether the levy is for interest on damages and costs or on costs only ] And Indorse [ continue as in Form 68A ].
SCHEDULE
[ Describe goods as in judgment ]
Issued [ insert date ].
By the Court
Prothonotary
Issued at the request of [ identify party or other person ].
The last known address of [ continue as in Form 68A ].
Form 69A—Advertisement of sale by the sheriff
ADVERTISEMENT OF SALE BY THE SHERIFF
On 20 at a.m. [or p.m.] at (unless
process is stayed or satisfied) all the estate and interest (if any) of the
[debtor] of
as [proprietor of an estate in fee simple in the
land described in Certificate of Title Volume Folio
upon which is erected a brick factory known as No.
Street
].
[Registered Mortgage No. affects the said estate and interest].
Terms: Cash only.
GARNISHEE SUMMONS
Between
A . B . Judgment creditor
and
C . D . Judgment debtor
and
X . Y . Garnishee
To [ name of garnishee ]
of [ address ].
You are summoned to attend before the Court on the hearing of an application
by the judgment creditor for an order that you, the garnishee, pay to the
judgment creditor the debt due from you to the judgment debtor [ or
the debt which will become due from you to the judgment debtor on
20 ] [or pay to the judgment creditor in such amount or amounts and at
such time or times as the Court may direct the debt accruing from you to the
judgment debtor] [ or the debt which will accrue from you to the judgment
debtor on 20 ] or so much thereof as may be sufficient to
satisfy a judgment recovered against the judgment debtor by the judgment
creditor in the Court on [insert date] for $ , interest accrued
and accruing on the judgment and the costs of the judgment creditor of the
garnishee proceedings. The sum required to satisfy the judgment, interest and
costs is
$ , being—
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued and accruing;
(c) $ , the costs of the garnishee proceedings.
The debt in respect of which this summons is filed and served is
[ identify
the debt in accordance with Rule 71.06(1) ].
This summons is filed and served by order of the Court made on [ insert date ].
The application will be heard on etc. [ continue as in Form 46A ].
[ insert the following at end of summons ]
TAKE NOTICE [ where the debt is due or accruing ] that upon service of this
summons the debt shall be bound in your hands to the extent of the whole
amount of the debt, namely, $ [or to the extent of $ ] to
answer the sum of $ required to satisfy the judgment, interest and
costs.
[ or where the debt is not yet due or accruing ]
TAKE NOTICE that in the event that the debt becomes due or accrues before the
day for hearing named in the summons upon its becoming due or accruing the
debt shall be bound in your hands to the extent of the whole amount of the
debt,
namely, $ [or to the extent of $ ] to answer the sum of $
required to satisfy the judgment, interest and costs.
Form 71B—Garnishee order
( where garnishee debt less than judgment debt, interest and judgment creditor's costs )
[ heading as in Form 71A ]
[ other particulars as in Form 60L ]
THE COURT ORDERS THAT:
1. The garnishee [ where appropriate insert here (after
deducting
therefrom
$ for the garnishee's costs of the garnishee application)]
do forthwith pay to the judgment creditor $ , the debt due from him, her or
it to the judgment debtor and that in default of payment execution may issue
against the garnishee.
[ or where the debt is not due but accruing ]
do pay to the judgment creditor $ , the debt accruing from him, her or it to the judgment debtor, as follows [ state the amount or amounts to be paid and the time or times of payment as directed by the Court ] and that in default of payment execution may issue against the garnishee.
2. $ , the costs of the judgment creditor of the garnishee
application, be added to the judgment debt and the interest accrued thereon
and be retained by the judgment creditor out of the money recovered by him,
her or it under this order in priority to the judgment debt and interest.
Form 71C—Garnishee order
( where garnishee debt greater than judgment debt, interest and judgment creditor's costs )
[ heading as in Form 71A ]
[ other particulars as in Form 60C ]
THE COURT ORDERS THAT:
1. The garnishee do forthwith pay to the judgment creditor $ , being so much of the debt due from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee.
[ or where the debt is not due but accruing ]
do pay to the judgment creditor $ , being so much of the debt accruing from him, her or it to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued thereon and the costs of the judgment creditor of the garnishee proceedings as follows [ state the amount or amounts to be paid and the time or times of payment as directed by the Court ] and that in default of payment execution may issue against the garnishee.
[ where appropriate add ]
2. The garnishee be at liberty to retain $ for the garnishee's
costs of the garnishee proceedings out of the balance of the debt due [ or
accruing] from him, her or it to the judgment debtor.
Form 72A—Attachment of earning summons
ATTACHMENT OF EARNINGS SUMMONS
[ heading as in originating process ]
To the [ judgment debtor ]
of [ address ]
You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that the earnings of the [ judgment debtor ] be attached to satisfy the judgment against the [ judgment debtor ] in favour of the [ judgment creditor ] in the Supreme Court dated [ insert date ] for $ , in respect of which judgment $ is due and unpaid, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest.
The application will be heard [ continue as in Form 46A ].
Form 72B—Affidavit in support of application for attachment of earnings order
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER
[ heading as in originating process ]
I, of , the [judgment creditor], make oath and say that:
1. By a judgment dated [ insert date ] it was adjudged that the [judgment debtor] should pay to me the sum of $ together with costs.
2. $ is due and unpaid in respect of the judgment, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest.
or
The [ judgment debtor ] has persistently failed to comply with an order with
respect to the judgment made by the Supreme Court on 20
that the [
judgment debtor ] [ insert terms of order not complied with ].
3. The [judgment debtor] is employed by of as a [ occupation ].
4. No warrant committing the [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued.
or
A warrant committing the [ judgment debtor ] to prison under the Imprisonment of Fraudulent Debtors Act 1958 has been issued and has not been executed.
Sworn etc .
Form 72C—Judgment debtor's statement of financial situation
JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION
[ heading as in originating process ]
To the [ judgment debtor ]:
of [ address ]
TAKE NOTICE that you should complete this form by giving the information requested below. The completed form signed by you must be sent to the [ judgment creditor ] at [ address for service ] before [ insert date for hearing named in the summons ]. If you do not do this, the Court may make an order that you attend before the Court and give the information.
Signature of judgment
creditor's solicitor:
1. Amount and Source of Weekly Income
Occupation: ____________________
If working for an employer:
Name and address of employer:
Gross wage:
Current overtime (if any):
Car and other allowances and commission:
If self-employed or in partnership:
Average pre-tax earnings for last 12 months:
If unemployed:
State length of last employment, date when last employment ceased and gross weekly amount earned: _____________________________
Pension or other benefit received:
Workers' compensation received:
Maintenance received:
Superannuation received:
Board or rent received:
Average weekly interest on bank or other authorised deposit-taking institution deposit, debentures etc.:
Average weekly dividend on shares:
Other income (give particulars):
Total Gross Weekly Income:
2. Property and Assets
For each piece of land—
Market value:_________________
Amount of mortgage:_________________
Net value:
Motor vehicle:
For each motor vehicle—
Year, make and model:_________________
Market value:_________________
Amount owing to finance company:
Net value:
Deposit in bank, other authorised deposit-taking institution, etc.:
Other investments including shares, debentures, bonds:
Money owing to you:
From , $
From , $
Total:
Value of interest in partnership or business:
Furniture, household and personal goods:
Market value:
Amount owing to finance company:
Net value:
Life insurance policies:
Give particulars and state surrender value of each policy:
Other assets (give particulars):
Total Property and Assets:
3. Debts, Liabilities and Other Financial Obligations
(a) Weekly expenses
Income tax:
Superannuation:
Housing (mortgage, rent, board, hospital or institution):
Municipal rates:
Water and sewerage rates:
Land tax:
Child care expenses incurred for the purpose of earning
income:
Maintenance actually paid:
Instalment payments such as for household goods or tools of trade:
To , $
To , $
Total:
Electricity and gas:
Food:
Other general household expenses:
Motor vehicle expenses (registration, insurance,
maintenance, fuel):
Fares:
Telephone:
Insurance policy premiums:
School fees and other school expenses:
Clothing and shoes:
Medical and chemist expenses:
Entertainment:
Payments on court orders and fines:
Other expenses (give particulars):
Total:
(b) Other debts outstanding
Give particulars of debts under hire
purchase, leasing, credit card or other credit contracts, department store
accounts, guarantee or personal loan:
$ , to , due on
$
, to , due on
Total:
4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the name of the other owner or owners:
5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:
6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:
Signature of judgment debtor:
Date:
Form 72D—Summons for an order to attend for examination or furnish particulars
SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
[ heading as in originating process ]
To: the [ judgment debtor ]
or
[ person indebted to or employer of judgment debtor ]
of [ address ].
You are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that [ set out the order sought ].
The application will be heard [ continue as in Form 46A ].
Form 72E—Affidavit in support of summons for an order to attend for examination or furnish particulars
AFFIDAVIT IN SUPPORT OF SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
[ heading as in originating process ]
I, of , the [judgment creditor], make oath and say that:
1. By a judgment dated [ insert date ] it was adjudged that the [judgment debtor] should pay to me $ together with costs.
2. $ is due and unpaid in respect of the judgment the sum, being—
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs;
(c) $ , the amount of interest.
or
The [ judgment debtor ] has persistently failed to comply with an
order with respect to the judgment made by the Supreme Court on 20
that the [ judgment debtor ] [ insert terms of order not complied with ].
3. I seek to obtain an order for the attachment of the earnings of the [ judgment debtor ].
4. The place of residence of the [ judgment debtor ] is .
5. On 20 I was informed by of and verily believe that the [ judgment debtor ] is employed by of as a [occupation] and is a person to whom earnings are payable or likely to become payable by the said employer.
or
On 20 I was informed by of and verily believe that the [ judgment debtor ] is employed by and is a person to whom earnings are payable or likely to become payable, but I do not know the name or whereabouts of the employer of the [ judgment debtor ] or what the earnings of the [ judgment debtor ] are.
Sworn etc .
Form 72F—Order that judgment debtor attend or give statement
ORDER THAT JUDGMENT DEBTOR ATTEND OR GIVE STATEMENT
[ heading as in originating process ]
[ Follow Form 60C except as below .]
HOW OBTAINED:
Summons by the [judgment creditor] dated 20 in aid of an application for an attachment of earnings order against the [ judgment debtor ] in respect of a judgment dated [ insert date ] for $ together with costs.
THE COURT ORDERS THAT:
The [ judgment debtor ] attend before the Associate Judge in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne, on [ insert date ] at a.m. to be examined concerning the means and ability of the [ judgment debtor ] or comply with the judgment [ or to state to the Court the following particulars, namely:
[ complete appropriately ].
or
The [ judgment debtor ] furnish to the Court on or before [ insert date ] a statement in writing signed by the [ judgment debtor ] setting forth the following particulars, namely:
[ complete appropriately ].
Form 72G—Order that person indebted to or employer of judgment debtor give statement
ORDER THAT PERSON INDEBTED TO OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT
[ heading as in originating process ]
[ Follow Form 60C except as below .]
HOW OBTAINED:
Summons by the [judgment creditor] dated 20 in aid of an application for an attachment of earnings order against the [ judgment debtor ] in respect of a judgment dated [ insert date ] for $ together with costs.
OTHER MATTERS:
It was made to appear to the Court that is indebted to [ or is the employer of] the [ judgment debtor ].
THE COURT ORDERS THAT:
give to the Court on or before [insert date] a statement in writing signed by that person or on that person's behalf containing the following particulars of that person's indebtedness to the [ judgment debtor] that became payable during the period 20 to 20 .
[ complete appropriately ].
Form 72H—Attachment of earnings order
ATTACHMENT OF EARNINGS ORDER
[ heading as in originating process ]
[ Follow Form 60C except as below. ]
OTHER MATTERS:
The Court finds that:
1. By a judgment dated [ insert date ] it was adjudged that the [judgment debtor] pay to the [judgment creditor] $ together with costs.
2. $ is due and unpaid in respect of the judgment.
or
2. The [ judgment debtor ] has persistently failed to comply with an order with respect to the judgment made by the Court on [ insert date ] that the [ judgment debtor ] [ insert terms of order not complied with ].
3. The [ judgment debtor ] was served with a copy of the summons herein and has had a reasonable opportunity of attending the hearing.
4. The [judgment debtor] is employed by at in the State of Victoria as a [ occupation ] and is a person to whom earnings are payable or are likely to become payable by that employer.
THE COURT ORDERS THAT:
1. the abovenamed employer on each pay-day whilst the [ judgment debtor ] is employed by the employer or until this order ceases to have effect do make payments out of the earnings of the [ judgment debtor ] at the rate calculated in accordance with this order to [ name and address of person to whom payments are to be made ] for or towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment and the amount of $ for costs.
2. For the purpose of calculating the normal deduction for the purposes of paragraph 4 of this order the normal deduction rate shall be $ each pay-day [or on the pay-day(s) falling on 20 and thereafter $ each pay-day].
3. The protected earnings rate, that is, the rate below which the earnings of the [ judgment debtor ] may not be reduced by a payment under this order, shall be $ in respect of each pay-day.
4. [ The employer ] shall, in respect of each pay-day whilst the order is in force, if the net earnings of the [ judgment debtor ] exceed the sum of—
(a) the protected earnings of the [ judgment debtor ]; and
(b) so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any previous pay-day—
pay, so far as that excess permits, to the [ judgment creditor ] the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.
Note: an attachment of earnings order does not
come into force until the expiration of seven days after the day on which the
order is served on the person to whom the order is directed.
NOTICE TO EMPLOYER
[ heading as in originating process ]
The attachment of earnings order served herewith requires you to deduct from any earnings becoming payable to the [ judgment debtor ] as your employee, from pay-day to pay-day until the order is discharged or suspended, the amount referred to in the order as the normal deduction, and to pay that amount to of towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment referred to in the order and $ for costs.
" Earnings " in relation to the [ judgment debtor ] means any amounts payable to the [ judgment debtor ]—
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or
(b) by way of pension, including—
(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment—
but does not include any pension payable to the [ judgment debtor ] under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth.
Where two or more attachment of earnings orders are directed to you with respect to earnings payable or likely to become payable by you to the [ judgment debtor ], you are required to—
(a) comply with those orders according to the respective dates on which they took effect, and disregard any order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were the residue of the earnings of the [ judgment debtor ] after the making of any payment under an earlier order.
You are required to give the [ judgment debtor ] a notice specifying particulars of the payments made by you under the attachment of earnings order.
In addition to deducting the amount required to be deducted under an attachment of earnings order, you are entitled to make a further deduction of $3 from the earnings of the [ judgment debtor ] towards the clerical and administrative costs of making payments under the order. You are required to give the [ judgment debtor ] notice of the amount deducted for this purpose.
If you are in doubt whether payments to the [ judgment debtor ] of a particular class or description are earnings for the purpose of the attachment of earnings order you may apply to the Court to have that question determined.
You must give notice in writing to the Prothonotary—
(a) if you are not the employer of the judgment debtor at the time the order is served, forthwith after service;
(b) if you are the employer of the judgment debtor at the time the order is served, but cease to be employer thereafter, forthwith after you cease to be employer.
Any person who dismisses an employee, injures an employee in his or her employment or alters his or her position to his or her prejudice because an attachment of earnings order has been made or because the person is required to make payments under the order in relation to the employee may be dealt with as for contempt of court.
Dated [ insert date ].
Form 72K—Notice by employer that judgment debtor is not in employer's employ
NOTICE BY EMPLOYER THAT JUDGMENT DEBTOR IS NOT IN EMPLOYER'S EMPLOY
[ heading as in originating process ]
To the Prothonotary,
And to the [ judgment creditor ]
of [ address ].
An order was made on [ insert date ] that I make payments to the [ judgment creditor ] out of the earnings of the [ judgment debtor ] I give notice that I am not the employer of the [ judgment debtor ] [or I ceased to be the employer of the [ judgment debtor ] on [ insert date ].]
Dated [ insert date ].
[ Signature of Employer ]
Form 72L—Notice of cessation of attachment of earnings order
NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER
[ heading as in originating process ]
To: [employer] of , the employer of the [judgment debtor ].
TAKE NOTICE that the attachment of earnings order made on [ insert date ] by which you were ordered to make payments for or towards securing payment of the amount due and unpaid in respect of a judgment in favour of the [ judgment creditor ] out of the earnings payable to the [ judgment debtor ], ceased to have effect on [ insert date ] because [ state reason ].
Dated [ insert date ].
Note: Where the order ceases to have effect, you
will not incur any liability in consequence of your treating it as still in
force at any time before the expiration of seven days after this notice or a
copy of the order discharging the earlier order, as the case may be, is served
on you.
CHARGING SUMMONS
[ heading as in originating process ]
To [ name ]
of [ address ].
And to the [ judgment debtor ].
YOU are summoned to attend before the Court on the hearing of an application by the [ judgment creditor ] for an order that certain securities [ or as the case may be ] in which the [ judgment debtor ] has a beneficial interest, namely, [ give particulars sufficient to identify the securities and the interest of the judgment debtor ], stand charged to the extent of the value of the entire beneficial interest of the [ judgment debtor ] in the securities or of so much of that value as may be sufficient to satisfy a judgment recovered against the [ judgment debtor ] by the [ judgment creditor ] in the Court on [ insert date ] for $ , interest accrued and accruing on the judgment and the costs of the [ judgment creditor ] of the charging order proceedings. The sum required to satisfy the judgment, interest and costs is $ , being—
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued or estimated to accrue;
(c) $ , the estimated costs of the charging order proceedings.
This summons is filed and served by order of the Court made on [ insert date ].
The application will be heard etc. [ continue as in Form 46A ].
[ insert the following at the end of the summons ]
To [ name ]
of [ address ]
TAKE NOTICE that upon service of this summons you shall not, except by order of the Court, cause or permit any transfer of any of the abovementioned securities to be made or pay to any person any dividend or interest on any of those securities.
To the [ judgment debtor ].
TAKE NOTICE that, unless the Court otherwise orders, no disposition by you of your interest in any of the abovementioned securities made after service of this summons and before the application for the charging order is heard by the Court shall be valid as against the [ judgment creditor ].
Form 73B—Affidavit as to stock
AFFIDAVIT AS TO STOCK
IN THE SUPREME COURT
OF VICTORIA
AT
In the matter of [ identify the document comprising the stock under which the claimant's interest arises ].
I, of make oath and say that according to the best of my knowledge, information and belief I have [ or if the affidavit is made by the solicitor, name of claimant of has] a beneficial interest in the stock specified in the notice filed with this affidavit as [ describe the interest of the claimant in the stock and identify any document under which it arises ].
This affidavit is filed on behalf of [ name of claimant ] of
Form 73C—Notice as to stock
NOTICE AS TO STOCK
[ heading as in Form 73B ]
[ To be filed with Form 73B .]
To [ name ]
of [ address ].
TAKE NOTICE that the stock comprised in and subject to the trusts of the settlement [ or as the case may be ] referred to in the affidavit filed with this notice consists of the following, namely [ identify the stock, stating the names in which it stands ].
This notice is intended to stop the transfer of the stock and not the payment of any dividend or interest on the stock [ or also the payment of any dividend or interest on the stock ].
[ Signature of claimant, or solicitor
where affidavit made by solicitor ]
Form 75A—Arrest warrant in summary proceedings for contempt in face of Supreme Court
ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF SUPREME COURT
IN THE SUPREME COURT
OF VICTORIA
AT
TO:
*the sheriff
*[ insert name of police officer ]
*all police officers
*[ insert name and position of person authorised by law to execute a warrant to arrest ]
*all persons authorised by law to execute a warrant to arrest
Arrest [ insert name of person ] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith.
Dated [ insert date ].
Judge
*delete if not applicable
Form 75B—Arrest warrant in contempt proceedings by summons or originating motion
ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION
[ heading as in summons or originating motion ]
TO:
*the sheriff
*[ insert name of police officer ]
*all police officers
*[ insert name and position of person authorised by law to execute a warrant to arrest ]
*all persons authorised by law to execute a warrant to arrest
Arrest [ insert name of person ] and bring him or her before the Court to answer a charge of contempt, detaining him or her in custody in the meantime, unless by paying $ into Court [or as the case may be], he or she gives security for his or her attendance in person before the Court to answer the charge and to submit to the judgment of the Court.
Dated [ insert date ]
Judge
*delete if not applicable
Form 75BA—Arrest warrant pending contempt hearing
ARREST WARRANT PENDING CONTEMPT HEARING
[ heading as in originating process ]
TO:
*the sheriff
*[ insert name of police officer ]
*all police officers
*[ insert name and position of person authorised by law to execute a warrant to arrest ]
*all persons authorised by law to execute a warrant to arrest
Arrest [ insert name of person ] and bring him or her before the Court forthwith to answer a charge of contempt, and if it is not practicable to bring him or her before the Court forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Court, do so forthwith.
Dated [ insert date ].
Judge
*delete if not applicable
Form 75C—Committal warrant
COMMITTAL WARRANT
[ heading as in Form 75A, 75B or 75BA, as appropriate ]
TO THE SHERIFF
Take [name] to the prison at and deliver him or her to the Governor of that prison.
or
Arrest [ name ] and take him or her to the prison at and deliver him or her to the Governor of that prison.
To the Governor of the prison at
Receive [ name ] into your custody and keep him or her until the further order of this Court [ as the case may be ].
The committal of [ name ] is for contempt of court in that [ name ] [ state nature of his or her contempt ].
Dated [ insert date ].
Judge
Form 77A—Notice of address for service
NOTICE OF ADDRESS FOR SERVICE
[ Heading as in notice of appeal or notice of contention ]
The address in Victoria for service of [ full name of person or party ] is:
[ If the person or party is legally represented ] The name or firm and the business address within Victoria of the solicitor for [ full name of person or party ] is:
Dated:
[ Signed ]
Form 80A—Request for service abroad of judicial documents and certificate
Rules 80.04, 80.06 and 80.16
REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS AND CERTIFICATE
PART 1—REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
|
Identity and address of the forwarding authority requesting service |
Identity and address of receiving authority [ Central Authority/additional authority ] |
The undersigned forwarding authority (on the application of [ name and address of applicant on whose behalf forwarding authority requests service ]) has the honour to transmit—in duplicate—the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e.:
(identity and address)
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*:
(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*):
(c) by delivery to the addressee, if
the addressee accepts it voluntarily (second paragraph of Article 5).*
The receiving authority [ Central Authority/additional authority ] is requested to return or to have returned to the forwarding authority a copy of the documents—and of the annexes*—with a certificate as provided in Part 2 of this Form on the reverse side.
List of documents
Done at , the
Signature or stamp (or both) of forwarding authority.
*Delete if inappropriate.
PART 2—CERTIFICATE
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:
1. that the documents listed in Part 1 have been served*
the (date)
at (place, street, number)
in one of the following methods authorised by Article 5:
(a) in accordance with the
provisions of subparagraph (a) of the first paragraph of the Article 5 of the
Convention*:
(b) in accordance with the following
particular method*:
(c) by delivery to the addressee, who accepted it voluntarily*.
The document referred to in the request, has been delivered to:
(identity and description of person)
relationship to the addressee (family, business or other)
2. that the document has not been served, by reason of the following facts*:
In conformity with the second paragraph of Article 12 of the Convention, the forwarding authority is requested to pay or reimburse the expenses detailed in the attached statement*.
Annexes
Documents returned:
In appropriate cases, documents, establishing the service:
Done at , the
Signature or stamp (or both).
*Delete if inappropriate.
Form 80B—Summary of the document to be served
SUMMARY OF THE DOCUMENT TO BE SERVED
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
(Article 5, fourth paragraph)
Identity and address of the addressee [ Central Authority/additional authority ]:
IMPORTANT
THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.
IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.
ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO:
SUMMARY OF THE DOCUMENT TO BE SERVED
Name and address of the forwarding authority:
Particulars of the parties:
**JUDICIAL DOCUMENT
Nature and purpose of the document:
Nature and purpose of the proceedings and, when appropriate, the amount in
dispute:
Date and place for entering appearance:
Court in which proceedings pending/judgment given:
**Date of judgment (if applicable):
Time limits stated in the document:
Form 82A—Notice of application for suppression order
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
[ heading as in originating process ]
To: The Supreme Court of Victoria at [ appropriate email address ]
And to: [ identify other proposed recipients of the notice ]
[ Applicant ] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of a summons filed on [ date ] returnable before [ identify relevant judicial officer ] in [ identify relevant court room ] at [ time ] on [ date ].
OR
*The applicant proposes to make the application orally before [ identify relevant judicial officer ] in [ identify relevant court room ] at [ time ] on [ date ].
The application is for an order in the following terms:
[ Set out the proposed wording of the order to be sought ].
The applicant proposes to rely upon [ insert brief description of material to be relied upon ]
For further information, please contact:
[ Name of applicant or applicant's representative for enquiries ]
Tel: [ insert number ]
Mobile No.: [ insert number ]
Email:
*delete whichever is inapplicable.
Form 83A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
[ heading as in originating process ]
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
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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83B—Application for leave to continue proceeding by person subject to extended litigation restraint order
*[ heading as in originating process ]/*[ 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—
(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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83C—Application for leave to commence proceeding by person subject to extended litigation restraint order
IN THE SUPREME COURT 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;
(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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83D—Application for leave to continue proceeding by person subject to general litigation restraint order
*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]
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
(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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83E—Application for leave to commence proceeding by person subject to general litigation restraint order
IN THE SUPREME COURT OF VICTORIA
20 No.
AT
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;
(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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83F—Notice of application for leave to proceed
[ heading as used in application for leave to proceed ]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 60 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 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 Prothonotary's
Office at the Supreme Court [ insert address ] Melbourne, Tel: [ insert
telephone number ] Hours: 9:30 am to 4:00 pm each business day.
*delete if inapplicable
Form 83G—Application for leave to apply to vary or revoke litigation restraint order
*[ heading as in originating process ]/*[ 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 .
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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83H—Application to vary or revoke litigation restraint order
*[ heading as in originating process ]/*[ heading in accordance with Rule 27.02 ]
APPLICATION 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 to *vary/*revoke that order under section 65(1) of the Vexatious Proceedings Act 2014 .
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 solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83I—Notice of application to vary or revoke litigation restraint order
[ heading as used in application for leave to vary or revoke litigation 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.
Date:
Any Questions ?
If you have any questions, please contact the Prothonotary's
Office at the Supreme Court [ insert address ] Melbourne, Tel: [ insert
telephone number ] Hours: 9:30 am to 4:00 pm each business day.
*delete if inapplicable
Form 83J—Application for leave to appeal on question of law
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
20 No.
IN THE
*TRIAL DIVISION/*COURT OF APPEAL
IN THE MATTER of an application by [ name of applicant ] for leave to appeal under section 79 of the Vexatious Proceedings Act 2014 .
APPLICATION FOR LEAVE TO APPEAL ON QUESTION OF LAW
(Section 79 of the Vexatious Proceedings Act 2014 )
I, [ name ], apply for leave under section 79 of the Vexatious Proceedings Act 2014 to appeal on a question of law arising in the decision of [ specify relevant Victorian court or tribunal which made the decision ] in the matter of [ state the title and file number of the proceeding in the Victorian court or tribunal ] on [ date ] to—
*refuse leave to apply for a litigation restraint order;
*make a litigation restraint order or an acting in concert order;
*refuse to make a litigation restraint order or an acting in concert order;
*vary or revoke a litigation restraint order;
*refuse to vary or revoke a litigation restraint order;
*refuse an application for leave to proceed.
[ In a case relating to a refusal of an application for leave to proceed, state whether there is any appeal restriction order in place and, if so, identify the order and its terms ].
ACCOMPANYING AFFIDAVIT
Filed with this application is an affidavit and exhibits in accordance with Rule 83.09(6) and (7) of Chapter I of the Rules of the Supreme Court.
FILED [ insert date ].
This application was filed—
*(a) by the applicant in person.
*(b) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ].
*(c) for the applicant by [ name or firm of solicitor ], solicitor, of [ business address of solicitor ] as agent for [ name or firm of principal solicitor ], solicitor, 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 83K—Notice of application for leave to appeal on a question of law
[ heading as used in application for leave to appeal ]
NOTICE OF APPLICATION FOR LEAVE TO APPEAL ON A QUESTION OF LAW
(Section *81/*82 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 under section *81(2)/*82(2) of the Act and if more than one, list separately ].
TAKE NOTICE that [ name ] of [ address ], has made an application to the *Trial Division of the Supreme Court/*Court of Appeal for leave to appeal as follows: [ describe the relief sought in the application ].
Under section *81(2)/*82(2) of the Vexatious Proceedings Act 2014 , the Court has directed that notice of the application for leave to appeal be given to you.
This notice is accompanied by a copy of the application for leave to appeal, by a copy of the affidavit in support (and exhibits) 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 be heard in relation to the application but, under section 84 of the Act, the Court may determine the application for leave to appeal on the basis of written submissions without the appearance of parties.
Date:
Any Questions ?
If you have any questions, please contact the
*Prothonotary's Office/*Court of Appeal Registry at the Supreme Court [ insert
address ] Melbourne, Tel: [ insert telephone number ] Hours: 9:30 am to
4:00 pm each business day.
*delete if inapplicable
Form 84A—Notice of address for service
NOTICE OF ADDRESS FOR SERVICE
[ Heading as in notice of appeal ]
The address in Victoria for service of [ full name of person or party ] is:
[ If the person or party is legally represented ] The name or firm and the business address within Victoria of the solicitor for [ full name of person or party ] is:
Dated:
[ Signed ]
Appendix A—Supreme Court Scale of Costs
Scale of fees and charges to be paid to legal practitioners, other than Counsel, and Scale of Counsel's Fees for work done on and after 1 January 2015 in relation to matters in the Supreme Court.
The charges in this Scale are exclusive of any GST chargeable.
|
Item and Description |
Amount |
|
1. ATTENDANCES, TRAVEL AND WAITING COSTS (a) Attendances requiring legal skill or knowledge by a legal practitioner— | |
|
(i) for each unit of 6 minutes or part thereof; |
$38.00 |
|
(ii) where a legal practitioner attends the Supreme Court for the purposes of instructing (including conferences with counsel or others on the day of the hearing before or after the Supreme Court sits) per hour or part thereof; |
|
|
(iii) where a legal practitioner appears as counsel, at the discretion of the Costs Court having regard to item 19(a) and (j) | |
|
(b) Where any attendance, requiring legal skill or knowledge, is by an employee of a legal practice who is not a legal practitioner—for each unit of 6 minutes or part thereof |
|
|
(c) Any other attendance, not requiring legal skill or knowledge, capable of performance by a clerk—for each unit of 6 minutes or part thereof |
|
|
(d) Attendances to file or issue any document or similar attendance |
|
|
(e) Travel time is to be allowed at the rate applicable in item 1(a) and item 1(b) where the individual travels in excess of one hour, for such excess | |
|
(f) Waiting time at the Supreme Court is to be allowed at the rate applicable in item 1(a) or item 1(b). | |
|
Item and Description |
Amount |
|
Where the attendance is by telephone or other electronic means, the charge for an attendance includes the charges made by the communication provider. | |
|
2. DRAWING DOCUMENTS All documents whether in printed form or otherwise—for each folio |
|
|
3. ENGROSSING AND/OR APPROVAL OF DOCUMENTS Of documents properly drawn by Counsel—for each folio |
|
|
4. REPRODUCTION OF DOCUMENTS By photocopy or other machine made copy including hard copies of electronic documents—for each printed side of a page—at the discretion of the Costs Court. | |
|
5. CORRESPONDENCE (including electronic communications) (a) Message (20 words or less) or letter forwarding documents without explanation, or circular letter (b) Short (one folio or less) (c) Any other letter—for each folio The charge for a letter includes transmission by standard surface post, facsimile, e-mail or other form of electronic transmission and includes the charges made by the communication provider. For each additional page after the first page of a circular letter, a charge pursuant to item 4 shall apply. |
$38.00 $67.90 |
|
6. SERVICE (a) Personal service, including attempts, where reasonable and required and not able to be served by other means (b) By letter in accordance with item 5(b) (c) Or such reasonable charge made by an agent. |
$38.00 |
|
Item and Description |
Amount |
|
7. RECEIVING AND FILING Any incoming document, including correspondence, whether by electronic means or otherwise including first page for file Copies of additional pages received electronically are to be charged pursuant to item 4. |
|
|
8. PERUSALS Of all documents including incoming correspondence— (a) up to three folios; (b) thereafter for each folio |
$18.80 |
|
9. SCANNING If it is not reasonable to peruse but it is reasonable to scan a document including incoming correspondence—for each folio or part thereof |
|
|
10. EXAMINATION If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page |
|
|
11. REVIEW AND CONSIDERATION Review and consideration of the file or particular parts of the file in preparing to draw or redact documents and letters, for conferences, hearings, taxation of costs and the like—in accordance with item 1(a) and item 1(b). In considering a claim made pursuant to this item, the Costs Court must have regard to any allowances claimed pursuant to items 8, 9 and 10. | |
|
Item and Description |
Amount |
|
12. DELEGATION AND SUPERVISION In matters where the Costs Court considers it reasonable for more than one legal practitioner to be involved in the conduct of the matters, the Costs Court shall make such additional allowances as are considered reasonable in all the circumstances in accordance with this Scale. Such allowances may include time spent by both principal legal practitioner and delegates in ensuring tasks are properly delegated and supervised—in accordance with item 1(a) and item 1(b). | |
|
13. RESEARCH Where it is appropriate to research a legal question of some complexity that is not procedural in nature—in accordance with item 1(a) or item 1(b), as appropriate. | |
|
14. COLLATION, PAGINATION AND INDEXING Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(c). | |
|
15. REDACTION Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate. | |
|
Item and Description |
Amount |
|
16. ELECTRONIC DOCUMENT MANAGEMENT (a) Database creation, database administration (including establishing design and agreement protocols), database design and implementation—in accordance with item 1(b); (b) Document preparation and document design in compliance with any Supreme Court Practice Note or any Supreme Court order or direction dealing with the use of technology in the management of any civil litigation matter—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate; (c) Imaging of documents to searchable format including rendering to PDF and scanning where necessary—in accordance with item 1(c); (d) Publishing including— (i) electronic exchange and discovery; and (ii) write-to CD/CD ROM/USB or other agreed media— in accordance with item 1(c). | |
|
Item and Description |
Amount |
|
17. SKILL, CARE AND RESPONSIBILITY An additional amount may be allowed, having regard to the circumstances of the case, including— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner; (d) the number and importance of the documents prepared and perused, regardless of length; (e) the amount or value of money or property involved; (f) research and consideration of questions of law and fact; (g) the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances; (h) the time within which the work was required to be done; (i) allowances otherwise made in accordance with this Scale (including allowances for attendances in accordance with item 1); (j) any other relevant matter. | |
|
18. CORPORATIONS SHORT FORM BILL Costs of obtaining a winding-up order up to and including authentication, filing and service of the order under section 470 of the Corporations Act and the obtaining from the Costs Court of an order as to costs An additional amount may be allowed for any adjournment. A reasonable amount for disbursements is also allowable in addition to the lump sum amount. |
|
|
Item and Description |
Amount |
|
19. COUNSEL'S FEES Subject to items 19(j) and 19(k), fees allowed up to a maximum of— (a) appearances— (i) on trial or appeal (daily fee); (ii) any other appearance (per half day for time spent in the hearing); |
Junior Counsel $5396.00
|
Senior Counsel $8094.00
|
|
(b) other matters (for each hour); (c) preparation (for each hour); (d) conferences (not occurring on day of hearing) (for each hour); (e) views (for each hour); (f) drawing or settling documents (for each hour); (g) opinions, advices (for each hour); (h) any other work, not otherwise provided for (for each hour); |
$540.00 $540.00
$540.00
$540.00
|
$810.00 $810.00
$810.00
$810.00
|
|
(i) circuit fees—based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court; (j) in allowing a fee to Counsel, the Costs Court shall have regard to the following criteria— (i) all criteria in item 17 of the Scale; and (ii) the other fees and allowances to Counsel in the matter; and (iii) payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; and (iv) the standing of Counsel; | | |
|
Item and Description |
Amount |
|
(k) where costs are taxed pursuant to an order of the Supreme Court, Counsel's fees in excess of scale are not to be allowed unless the Supreme Court otherwise orders, but in any other case, the Costs Court has discretion to allow fees in excess of scale. | | |
Appendix B—Supreme Court witnesses' expenses and interpreters' allowances
The charges in this Scale apply on and after 1 January 2015 and are exclusive of any GST chargeable.
WITNESSES' EXPENSES
|
Item and Description |
Amount |
|
1. A person engaged as an expert pursuant to Order 44 or a professional person including accountants, actuaries, analytical chemists, architects, economists, IT consultants, legal practitioners, medical practitioners, medical specialists or consultants, pharmaceutical chemists, psychologists, valuers and similar persons for preparing and giving evidence as an expert or as a witness of fact— (a) per hour or part thereof reasonably absent from professional rooms or place of business (b) but in any event not to exceed in any one day. |
$263.00 $3149.00 |
|
2. Person other than a professional person who is engaged in business as a principal on that person's own behalf— (a) per hour or part thereof (b) but in any event not to exceed in any one day. |
$210.00 $1890.00 |
|
3. Any other witness— (a) per day (b) but if the witness is remunerated in any employment by wages, salary or fees, the amount lost by the attendance but in any event not to exceed in any one day. |
$157.00
|
The Costs Court may allow in addition any appropriate reasonable expense incurred by the witness, e.g. child minding expenses.
A witness attending in more than one proceeding shall be entitled to a proportionate part only of the expense of the proceeding.
The Costs Court may allow a country witness, in addition to the above expenses, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance or sustenance. For this purpose, a witness who does not reside within 50 kilometres of the place of trial or hearing is a country witness.
Where a witness gives evidence as an expert, the Costs Court may allow an amount reasonably incurred and paid to the witness for qualifying to give that evidence.
Notwithstanding anything in the above scale, the Costs Court may allow to an expert witness a special fee for any attendance at the Supreme Court not covered by the scale when the witness assists counsel or solicitors as an expert for a period during the trial or hearing.
Nothing in the scale shall affect the existing practice of allowing qualifying fees to witnesses.
INTERPRETERS' ALLOWANCES
|
4. Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel— (a) per hour or part thereof reasonably absent from professional rooms or place of business (b) but in any event not to exceed in any one day. |
|
|
5. Attending Supreme Court— (a) for absence from place of residence or business for four hours or less (b) and for each hour or part thereof in excess of four hours (c) but in any event not to exceed in any one day. |
|
The Costs Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter.
Notwithstanding anything in the above scale, the Costs Court may allow an
increased amount to a professional interpreter in special circumstances.
Schedule 1—Revoked Statutory Rules
REVOKED STATUTORY RULES
|
S.R. No . |
Title |
|---|---|
|
148/2005 |
Chapter I of the Rules of the Supreme Court, the Supreme Court (General Civil Procedure) Rules 2005 [1] |
|
43/2006 |
Supreme Court (Chapter I Amendment No. 1) Rules 2006 |
|
98/2006 |
Supreme Court (Chapter I Amendment No. 2) Rules 2006 |
|
102/2006 |
Supreme Court (Chapter I Amendment No. 3) Rules 2006 |
|
162/2006 |
Supreme Court (Chapter I Amendment No. 4) Rules 2006 |
|
169/2006 |
Supreme Court (Chapter I Amendment No. 5) Rules 2006 |
|
171/2006 |
Supreme Court (Chapter I Amendment No. 6) Rules 2006 |
|
5/2007 |
Supreme Court (Chapter I Amendment No. 7) Rules 2007 |
|
27/2007 |
Supreme Court (Chapter I Amendment No. 8) Rules 2007 |
|
91/2007 |
Supreme Court (Chapter I Amendment No. 9) Rules 2007 |
|
128/2007 |
Supreme Court (Chapter I Amendment No. 10) Rules 2007 |
|
32/2008 |
Supreme Court (Chapter I Amendment No. 11) Rules 2008 |
|
100/2008 |
Supreme Court (Associate Judges Amendment) Rules 2008 |
|
149/2008 |
Supreme Court (Chapter I Amendment No. 12) Rules 2008 |
|
151/2008 |
Supreme Court (Chapter I Amendment No. 13) Rules 2008 |
|
30/2009 |
Supreme Court (Chapter II Amendment No. 1) Rules 2009 |
|
44/2009 |
Supreme Court (Associate Judges Amendment) Rules 2009 |
|
60/2009 |
Supreme Court (Chapter I Amendment No. 14) Rules 2009 |
|
97/2009 |
Supreme Court (Costs Court Amendments) Rules 2009 |
|
109/2009 |
Supreme Court (Chapter I Amendment No. 15) Rules 2009 |
|
132/2009 |
Supreme Court (Criminal Procedure Amendment) Rules 2009 |
|
144/2009 |
Supreme Court (Chapter I Amendment No. 16) Rules 2009 |
|
146/2009 |
Supreme Court (Evidence Amendments) Rules 2009 |
|
22/2010 |
Supreme Court (Chapter I Amendment No. 17) Rules 2010 |
|
23/2010 |
Supreme Court (Subpoena, Search Order and Freezing Order Amendment) Rules 2010 |
|
53/2010 |
Supreme Court (Chapter I Amendment No. 18) Rules 2010 |
|
55/2010 |
Supreme Court (Criminal Procedure Amendment) Rules 2010 |
|
100/2010 |
Supreme Court (Chapter I Amendment No. 19) Rules 2010 |
|
142/2010 |
Supreme Court (Chapter I Amendment No. 20) Rules 2010 |
|
143/2010 |
Supreme Court (Chapter I Amendment No. 21) Rules 2010 |
|
144/2010 |
Supreme Court (Judicial Registrars Amendments) Rules 2010 |
|
147/2010 |
Supreme Court (Chapter I Amendment No. 22) Rules 2010 |
|
148/2010 |
Supreme Court (Judicial Registrars Further Amendment) Rules 2010 |
|
7/2011 |
Supreme Court (Chapter I Amendment No. 23) Rules 2011 |
|
8/2011 |
Supreme Court (Chapter I Amendment No. 24) Rules 2011 |
|
15/2011 |
Supreme Court (Chapter I Amendment No. 25) Rules 2011 |
|
26/2011 |
Supreme Court (Chapter I Amendment No. 26) Rules 2011 |
|
53/2011 |
Supreme Court (Chapter I Amendment No. 27) Rules 2011 |
|
77/2011 |
Supreme Court (Chapter I Amendment No. 28) Rules 2011 |
|
78/2011 |
Supreme Court (Chapter I Amendment No. 29) Rules 2011 |
|
118/2011 |
Supreme Court (Chapter I Amendment No. 30) Rules 2011 |
|
119/2011 |
Supreme Court (Judicial Registrars Mediation Amendment) Rules 2011 |
|
132/2011 |
Supreme Court (Chapter I Scale of Costs Amendment) Rules 2011 |
|
133/2011 |
Supreme Court (Chapter I Amendment No. 31) Rules 2012 |
|
38/2012 |
Supreme Court (Chapter I Amendment No. 32) Rules 2012 |
|
39/2012 |
Supreme Court (Trans-Tasman Proceedings Amendment) Rules 2012 |
|
96/2012 |
Supreme Court (Chapter I Amendment No. 33) Rules 2012 |
|
97/2012 |
Supreme Court (Chapter I Amendment No. 34) Rules 2012 |
|
S.R. No . |
Title |
|---|---|
|
121/2012 |
Supreme Court (Associate Judges Appeals Amendment) Rules 2012 |
|
140/2012 |
Supreme Court (Chapter I Amendment No. 35) Rules 2012 |
|
141/2012 |
Supreme Court (Chapter I Appendices A and B Amendment) Rules 2012 |
|
142/2012 |
Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012 |
|
27/2013 |
Supreme Court (Chapter I Certification Amendments) Rules 2013 |
|
48/2013 |
Supreme Court (Miscellaneous Amendments) Rules 2013 |
|
90/2013 |
Supreme Court (Chapter I Offers of Compromise Amendments) Rules 2013 |
|
119/2013 |
Supreme Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013 |
|
146/2013 |
Supreme Court (Chapter I Trans-Tasman Proceedings Further Amendment) Rules 2013 |
|
147/2013 |
Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013 |
|
148/2013 |
Supreme Court (Chapter I Appendices A and B Amendment) Rules 2013 |
|
48/2014 |
Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014 |
|
204/2014 |
Supreme Court (Chapter I Scale of Costs Appendices A and B Amendment) Rules 2014 |
|
205/2014 |
Supreme Court (Chapter II Arbitration Amendment) Rules 2014 |
|
206/2014 |
Supreme Court (Vexatious Proceedings Amendments) Rules 2014 |
|
209/2014 |
Supreme Court (Civil Appeals Amendments) Rules 2014 |
|
10/2015 |
Supreme Court (Judicial Registrars Amendment) Rules 2015 |
|
11/2015 |
Supreme Court (Chapter I Miscellaneous Amendments) Rules 2015 |
|
29/2015 |
Supreme Court (Chapter I Summary Judgment Amendment) Rules 2015 |
| | |
|
30/2015 |
Supreme Court (Judicial Registrars Further Amendment) Rules 2015 |
|
38/2015 |
Supreme Court (Chapter I Judicial Review Amendment) Rules 2015 |
|
40/2015 |
Supreme Court (Associate Judges Amendment) Rules 2015 |
Dated: 10 September 2015
CHRISTOPHER MAXWELL, P.
R. S. OSBORN, J.A.
DAVID F. R. BEACH, J.A.
EMILIOS KYROU, J.A.
STEPHEN KAYE, J.A.
ELIZABETH HOLLINGWORTH, J.
ANTHONY CAVANOUGH, J.
ROSS ROBSON, J.
LEX LASRY, J.
JAMES JUDD, J.
PETER VICKERY, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
GREG GARDE, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
J. T. RUSH, J.
CHRISTOPHER W. BEALE, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
JANE A. DIXON, J.
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