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Table Of Contents

6.01 When personal service necessary
6.02 Personal service of originating process
6.03 How personal service effected
6.04 Service on particular defendants
6.05 Motor car death or bodily injury
6.06 Address for service
6.06.1 Solicitor changing address
6.07 How ordinary service effected
6.08 Identity of person served
6.09 Acceptance of service by solicitor
6.10 Substituted service
6.11 Confirmation of informal service
6.12 Service by filing
6.14 Service under contract
6.15 Recovery of vacant land
6.16 Service of notice by the Court
6.17 Affidavit of service
PART 1—WHEN SERVICE OUT IS ALLOWED
7.02 Indorsement on originating process
7.03 Mode of service out of Australia
7.04 Leave to proceed where no appearance
7.05 Stay, setting aside service etc
7.06 Service of other process by leave
7.07 Service of counterclaim or third party notice
7.08 Application for leave
PART 2—SERVICE IN FOREIGN COUNTRY
7.10 Documents required
7.12 Request and undertaking
7.13 Procedure on lodgment and filing
7.14 Evidence of service
7.15 Order for payment of expenses
8.02 Appearance before taking step
8.03 Who to file appearance
8.04 Time for appearance
8.05 Mode of filing appearance
8.06 Address for service of defendant
8.07 Late appearance
8.08 Conditional appearance
8.09 Setting aside writ or originating motion
JOINDER OF CLAIMS AND PARTIES
9.01 Joinder of claims
9.02 Permissive joinder of parties
9.03 Joinder of necessary parties
9.04 Joinder inconvenient
9.05 Effect of misjoinder or non-joinder of party
9.06 Addition, removal, substitution of party
9.07 Procedure for addition of party
9.08 Defendant dead at commencement of proceeding
9.09 Change of party on death, bankruptcy
9.10 Failure to proceed after death of party
9.11 Amendment of proceedings after change of party
9.12 Consolidation or trial together
9.13 Conduct of proceeding
10.01 Application of Order
10.02 When counterclaim allowed
10.03 Counterclaim against plaintiff and another person
10.04 Procedure after counterclaim against another person
10.05 Trial of counterclaim
10.06 Counterclaim inconvenient
10.08 Counterclaim on stay etc., of original proceeding
10.09 Judgment for balance
11.01 Claim by third party notice
11.02 Statement of claim on third party notice
11.03 Time for appearance
11.04 Filing and service of third party notice
11.05 Time for third party notice
11.06 Leave to file third party notice
11.07 Other requirements for service
11.08 Appearance by third party
11.09 Defence of third party
11.10 Counterclaim by third party
11.11 Default by third party
11.12 Discovery and trial
11.13 Third party directions
11.14 Judgment between defendant and third party
11.15 Claim against another party
11.16 Fourth and subsequent parties
12.02 Stakeholder's interpleader
12.03 Sheriff's interpleader
12.04 Sheriff's summons to state claim
12.05 Notice to execution creditor
12.06 Admission of claim
12.07 Interpleader summons
12.08 Powers of Court
12.09 Default by claimant
12.10 Neutrality of applicant
12.11 Order in several proceedings
12.12 Trial of interpleader question
13.01 Formal requirements
13.02 Content of pleading
13.03 Document or conversation
13.04 Fact presumed true
13.05 Condition precedent
13.06 Implied contract or relation
13.07 Matter which must be pleaded
13.08 Subsequent fact
13.09 Inconsistent pleading
13.10 Particulars of pleading
13.11 Order for particulars
13.12 Admission and denials
13.13 Denial by joinder of issue
13.14 Money claim as defence
14.01 Statement of claim indorsed on writ
14.02 Statement of claim not indorsed on writ
14.03 Alteration of claim as indorsed on writ
14.04 Service of defence
14.06 Pleading after reply
14.07 Defence to counterclaim
17.06 Appearance under objection of person sued as partner
PART 3—OFFER TO COMPROMISE ON APPEAL
PART 1—GENERAL
PART 2—ELECTRONIC FILING
29.01 Application and definition
29.01.1 Scope of discovery
29.02 Notice for discovery
29.03 Discovery after notice
29.04 Affidavit of documents
29.05 Order limiting discovery
29.05.1 Order for general discovery
29.05.2 Order for expanded discovery
29.06 Co-defendants and third party
29.07 Order for discovery
29.08 Order for particular discovery
29.11 Order for discovery
29.12 Direction as to documents
31.09 Powers of examiner
31.10 Record of examination
31.11 How party to be examined
31.12 Procedure on objection to question
31.13 Order to answer question
32.03 Discovery to identify a defendant
32.04 Party an applicant
32.05 Discovery from prospective defendant
32.06 Party an applicant
32.07 Discovery from non-party
32.09 Inspection of documents
32.10 Directions as to documents
33.04 Notice for examination
33.06 Report of examination of plaintiff
33.07 Service of reports by plaintiff
33.08 Service of reports by defendant
33.08.1 Other medical reports to be served
33.09 Opinion on liability
33.10 Material for Court
33.11 Medical report admissible
33.12 No evidence unless disclosed in report
34.02 Nature of directions
34.03 Admissions and agreements
34.04 Duty to obtain directions
35.02 Voluntary admission of facts
35.03 Notice for admission of facts
35.04 Judgment on admissions
35.05 Notice for admission of documents
35.06 Cost of non-admission of fact or document
35.07 Restrictive effect of admission
35.08 Notice to produce documents
36.02 Failure to amend within time limited
36.04 Amendment of pleading and disallowance of amendment
36.05 How pleading amendment made
36.06 Pleading to an amended pleading
36.07 Amendment of judgment or order
37.01 Inspection, detention etc. of property
37.02 Inspection from prospective defendant
37.04 Disposal of perishable property
37.05 Payment into Court in discharge of lien
37.06 Interim distribution of property or income
37.07 Jurisdiction of Court not affected
37A.04 Respondent need not be party to proceeding
37A.06 Jurisdiction of Court not limited
37A.09 Application to be heard by Judge of the Court
37B.03 Requirements for grant of search order
37B.04 Jurisdiction of Court not limited
37B.05 Terms of search order
37B.06 Independent solicitors
37B.09 Application to be heard by Judge of the Court
38.01 When Court may grant
38.02 Application before trial
38.03 Costs and expenses of non-party
38.04 Ouster of office
39.01 Application and definitions
39.02 Appointment of receiver
39.03 Service of order
39.04 Consent of receiver
39.05 Security by receiver
39.06 Remuneration of receiver
39.07 Receiver's accounts
39.08 Default by receiver
39.09 Directions to receivers
40.02 Evidence of witness
40.03 Contrary direction as to evidence
40.04 Examination on affidavit
40.05 Evidence of particular facts
40.06 Revocation or variation of order
40.07 Deposition as evidence
40.08 Proof of Court documents
40.09 Evidence of consent
PART 1—EVIDENCE BY DEPOSITION
42.02 Issuing of subpoena
42.03 Form of subpoena
42.03.1 Alteration of date for attendance or production
42.04 Setting aside or other relief
42.06 Compliance with subpoena
42.07 Production otherwise than upon attendance
42.10 Disposal of documents and things produced
42.11 Costs and expenses of compliance
42.12 Failure to comply with subpoena—contempt of court
42.13 Documents and things in the custody of a court
42A.02 Issuing subpoena
42A.03 Form of subpoena
42A.04 Affidavit of service
42A.05 Compliance with subpoena
42A.06 Receipt for document
42A.07 Objection by addressee or other person
42A.08 Objection by party to inspection by other party
42A.09 Procedure after objection
42A.10 Inspection of document produced
42A.11 Removal of document
42A.12 Return of document
42A.13 Production of document at trial
42A.14 Subpoena for trial not affected
43.01 Form of affidavit
43.02 Affidavit by illiterate or blind person
43.03 Content of affidavit
43.04 Affidavit by two or more deponents
43.06 Annexures and exhibits
43.07 Time for swearing
SALE OF LAND BY ORDER OF COURT
56.02 Time for commencement of proceeding
58.32 Appeals to the Trial Division from the Children's Court
58.38 Certain appeals do not require directions
59.04 Statement of reasons for judgment
59.06 Consent judgment or order by filing
59.07 Consent to judgment or order by parties not in attendance
60.05 Recitals in judgments and orders
61.02 Application under section 6 or 8
61.03 Instalment agreement under section 7
61.04 Summons for oral examination of judgment debtor
61.05 Notice of instalment order confirmed, varied or cancelled
PART 3—COSTS OF PARTY IN A PROCEEDING
63.28 Bases of taxation
63.30 Solicitor and client basis
63.30.1 Indemnity basis
63.32 Where solicitor and client basis applicable
63.33 Party as trustee
63.34 Charges of solicitor
PART 4—COSTS COURT
63.35 Powers of Costs Court
63.36 Costs of taxation
PART 5—PROCEDURE ON PARTY AND PARTY TAXATION
63.38 Summons for taxation
63.41 Defendant not appearing
63.42 Content of bill of costs
63.43 Disbursement or fee not paid
63.44 Charge of lawyer out of Victoria
63.45 Amendment of bill
63.46 Agreement as to part of bill
63.47 Objection to bill
63.48 Discretionary costs
63.49 Taxation where no objection
63.50 Attendance of parties
63.51 Reference to Judge of the Court
63.52 Notice to person interested in fund
63.53 Application by person liable to pay
63.54 Solicitor at fault
63.56 Order on taxation
63.56.1 Reconsideration of order of Costs Judge
63.56.3 Costs Judge may exercise powers under Rule 63.56.2
63.56.4 Review by Costs Judge of judicial registrar decisions
63.57 Review by Judge of the Court
PART 6—COSTS OF A SOLICITOR
PART 7—ALLOWANCES ON TAXATION GENERALLY
64.10 Notes for guidance
64.11 Delivery of appeal book
64.12 Costs of appeal book
64.13 Entry of appeal
64.14 Discontinuance without leave
64.15 Discontinuance by leave
64.16 Appeal taken to be abandoned
64.18 Filing notice of cross-appeal
64.19 Effect of cross-appeal notice
64.22 Powers of the Court of Appeal
64.25 Stay of execution
64.28 Exercise of powers and functions of Registrar
65.02 Application by summons
65.04 Filing and service
65.05 Delivery of documents to Registrar
65.06 Further copies
65.07 Documents for inclusion
65.08 Preparation of documents
65.10 Procedure on application
66.02 Payment of money
66.03 Possession of land
66.04 Delivery of goods
66.05 Doing or abstaining from doing any act
66.07 Attendance of corporation
66.08 Attendance before another court etc
66.10 Service before committal or sequestration
66.11 Substituted performance
66.12 Enforcement by or against non-party
66.13 Non-performance of condition
66.14 Matters occurring after judgment
66.15 Order in aid of enforcement
66.16 Stay of execution
67.02 Order for examination or production
67.06 Record of examination
68.02 Leave to issue warrant
68.03 Separate execution for costs
68.04 Issue of warrant of execution
68.06 Costs of prior execution
68.07 Provision for enforcing payment of money
68.08 Form of warrant of execution
69.02 New enforcement process
69.03 Two or more warrants
69.05 Time, place and mode of sale
69.06 Advertisement of sale
69.07 Notional possession of goods
70.01 Payment of money
70.02 Removal of goods on warrant of possession
71.01 Definitions and application
71.02 What debts attachable
71.04 Filing and service of garnishee summons
71.05 Evidence on application for garnishee summons
71.06 Garnishee summons
71.07 Service of summons
71.08 What debts attached, when and to what extent
71.09 Payment to judgment creditor
71.10 Dispute of liability by garnishee
71.11 Claim by other person
71.12 Discharge of garnishee
71.13 Money in court
72.02 Application for attachment of earnings order
72.03 Making of order
72.04 Attendance of or information about judgment debtor
72.05 Contents of order
72.06 Service of order
72.07 Employer to make payments
72.08 Attachment of earnings in place of other orders
72.09 Execution after attachment of earnings
72.10 Discharge or variation of order
72.11 Cessation of attachment of earnings order
72.12 Two or more orders in force
72.13 When varied order taken to be made
72.14 Notice to judgment debtor of payments
72.15 Determination of earnings
73.02 Order charging securities
73.03 Filing and service of charging summons
73.04 Evidence on application for charging summons
73.05 Charging summons
73.06 Service of summons
73.07 Effect of service of summons
73.08 Order on summons hearing
73.09 Effect and enforcement of charge
73.10 Variation or discharge of order
73.11 Order charging funds in court
73.12 Stop order for funds in court
73.13 Stop notice on corporation stock not in court
73.14 Effect of stop notice
77.08 Associate Judge may act for another
78.06 Account or inquiry by Associate Judge
PART 1—INTERPRETATION
PART 2—GENERAL
79.03 Money in court for person under disability
79.04 Payment into court for person under disability
PART 3—COMMON FUNDS
79.07 Investments in name of Senior Master
SERVICE UNDER THE HAGUE CONVENTION
PART 1—PRELIMINARY
80.02 Provisions of this Order to prevail
80.04 Application for request for service abroad
80.05 How application to be dealt with
80.06 Procedure on receipt of certificate of service
80.09 Application of Part
80.12 Setting aside judgment in default of appearance
80.13 Application of Part
80.16 Affidavit as to service
81.03 Conduct of examination
81.04 Attendance of non-party
81.05 Deposition and exhibits
FORMS
PRE-LITIGATION REQUIREMENTS COMPLIANCE CERTIFICATION
ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53
LETTER OF REQUEST FOR SERVICE OF DOCUMENT
ORDER FOR EXAMINATION WITHIN VICTORIA
ORDER FOR EXAMINATION OUT OF VICTORIA
LETTER OF REQUEST FOR EXAMINATION OF WITNESS
JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND
NOTICE OF SUPREME COURT'S DECISION ON APPEAL
GENERAL FORM OF JUDGMENT GIVEN
JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION
DEFAULT JUDGMENT FOR RECOVERY OF LAND
FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT
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Supreme Court Rules 2005

Supreme Court Rules 2005

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Published by: Loren Leung on May 09, 2011
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