Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Magistrates' Court General Civil Procedure
(Miscellaneous Amendments) Rules 2016
S.R. No. 17/2016
TABLE OF PROVISIONS
Rule Page
1 Object 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Rules 1
5 Definition 2
6 Effect of noncompliance 2
7 Application to set aside for irregularity 2
8 Urgent cases 2
9 Duration 2
10 Personal service on particular parties 3
11 How ordinary service effected 3
12 Acceptance of service by Australian lawyer 3
13 Substituted service 3
14 Application for leave 4
15 Joinder of claims 4
16 Addition, removal, substitution of party 4
17 Defendant dead at commencement of proceeding 4
18 Change of party on death, bankruptcy 5
19 Failure to proceed after death of party 5
20 Amendment of proceedings after change of party 6
21 Procedure after counterclaim against another person 6
22 Default by third party 6
23 Claim against another party 6
24 Definitions for Order 12 7
25 Admission of claim 7
26 Interpleader summons 7
27 Neutrality of applicant 7
28 Order in several proceedings 7
29 Heading to Order 15 amended 8
30 Definitions for Order 15 8
31 Litigation guardian of person under disability 8
32 Appointment of litigation guardian 8
33 Discovery 8
34 Rule 17.06 substituted 9
35 Heading to Order 26 9
36 Heading to Part 2 of Order 26 9
-- 1 of 25 --
Rule Page
ii
Authorised by the Chief Parliamentary Counsel
37 Party under disability 9
38 Form of document 9
39 Seal of Court 10
40 Scope of discovery 10
41 Co-defendants and third party 10
42 Inspection of documents referred to in pleadings and affidavits 10
43 Source for answers to interrogatories 10
44 Who to answer interrogatories 11
45 Party an applicant 11
46 Inspection of documents 11
47 Costs 11
48 Voluntary admission of facts 11
49 General power of amendment 12
50 Inspection from prospective defendant 12
51 Procedure 12
52 Examination on affidavit 13
53 Deposition as evidence 13
54 Heading to Order 41A substituted 13
55 Payment of costs 13
56 Application of Order 42A 13
57 Objection by party to inspection by other party 13
58 Removal of document 13
59 Return of document 13
60 Form of affidavit 14
61 Affidavit by illiterate, blind or incapacitated person 15
62 Annexures and exhibits 15
63 Application of Order 44 15
64 Report of expert 15
65 No evidence unless disclosed in report 16
66 Time for compliance 16
67 Authentication of warrants 16
68 Adjournment 16
69 When security for costs may be ordered 16
70 Time for costs order and payment 16
71 Bases of taxation 17
72 Standard basis 17
73 Indemnity basis 17
74 Heading to Rule 63.68 amended 17
75 Gross sum for costs 17
76 Order in aid of enforcement 17
77 Definitions in Order 68 17
78 Notional possession of goods 18
79 Examination of judgment debtor 18
80 Minor amendments to Forms 4B, 5A, 7A, 7AA, 7AB, 7AC, 8A,
10A, 11A, 11B and 12A 18
81 Notice of claim to goods taken in execution 18
82 Minor amendments to Forms 12C, 19A, 21A, 21B and 22A 18
-- 2 of 25 --
Rule Page
iii
Authorised by the Chief Parliamentary Counsel
83 Minor amendments to Forms 29A, 29C, 29D, 30A, 35A
and 35B 19
84 Minor amendments to Forms 46A, 46B, 61D to 61I 19
85 Minor amendments to Forms 61J, 61K, 61L, 61M, 67A
and 67D 20
86 Minor amendments to Forms 68A, 68B, 69A, 71A to 72E 20
87 Minor amendments to Forms 82A and 82B 21
═══════════════
Endnotes 22
-- 3 of 25 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 17/2016
Magistrates' Court Act 1989
Magistrates' Court General Civil Procedure
(Miscellaneous Amendments) Rules 2016
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
1 Object
The object of these Rules is to amend the
Magistrates' Court General Civil Procedure
Rules 2010—
(a) to ensure that, as far as possible, the
Magistrates' Court General Civil Procedure
Rules 2010 are consistent with the Supreme
Court (General Civil Procedure) Rules 2015;
and
(b) to make other miscellaneous amendments.
2 Authorising provisions
These Rules are made under section 16 of the
Magistrates' Court Act 1989 and all other
enabling powers.
3 Commencement
These Rules come into operation on 11 April
2016.
4 Principal Rules
In these Rules, the Magistrates' Court General
Civil Procedure Rules 20101 are called the
Principal Rules.
-- 4 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
2
5 Definition
Insert the following definition in Rule 1.13 of the
Principal Rules—
"sheriff includes—
(a) the sheriff employed under section 6 of
the Sheriff Act 2009; and
(b) any person to whom a warrant referred
to in these Rules is directed;".
6 Effect of noncompliance
(1) In Rule 2.01(1) of the Principal Rules, for "or a"
substitute "or any".
(2) In Rule 2.01(1) of the Principal Rules, for
"therein" substitute "in the proceeding".
7 Application to set aside for irregularity
In Rule 2.03 of the Principal Rules, for "therein"
substitute "in any proceeding".
8 Urgent cases
In Rule 4.08 of the Principal Rules—
(a) omit "the Court may,";
(b) after "directs," insert "the Court may".
9 Duration
In Rule 5.12(4) of the Principal Rules, for
"must adjourn the further hearing and direct the
plaintiff to give notice to the defendant by
summons or otherwise." substitute—
"must—
(a) adjourn the further hearing; and
(b) direct the plaintiff to give notice to the
defendant by summons or otherwise.".
-- 5 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
3
10 Personal service on particular parties
For Rule 6.04(d) of the Principal Rules
substitute—
"(d) the Crown in right of the Commonwealth or
the Commonwealth, on the Attorney-General
of the Commonwealth or on a person
appointed by the Attorney-General to receive
service in accordance with section 63 of the
Judiciary Act 1903 of the Commonwealth;".
11 How ordinary service effected
In Rule 6.07(2)(a) of the Principal Rules, for
"his or her" substitute "the individual's".
12 Acceptance of service by Australian lawyer
In Rule 6.09(2) of the Principal Rules—
(a) omit ", unless the Australian lawyer is
shown not to have had authority to accept
service,";
(b) after "made the note" insert ", unless the
Australian lawyer is shown not to have had
authority to accept service".
13 Substituted service
For Rule 6.10(3) of the Principal Rules
substitute—
"(3) The Court may make an order under
paragraph (1) even though the person to be
served—
(a) is out of Victoria; or
(b) was out of Victoria when the
proceeding commenced.".
-- 6 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
4
14 Application for leave
For Rule 7.08(4) of the Principal Rules
substitute—
"(4) If any document is served out of Australia
by order of the Court made under Rule 7.06
or 7.07(3), the following must be served with
the document—
(a) a copy of the order, a copy of any
affidavit made in support of the
application for the order;
(b) unless the Court otherwise orders, a
copy of any exhibit referred to in the
affidavit.".
15 Joinder of claims
For Rule 9.01 of the Principal Rules substitute—
"9.01 Joinder of claims
A plaintiff may join any number of claims
against a defendant—
(a) whether the plaintiff makes the claims
in the same or in different capacities;
and
(b) whether the claims are made against the
defendant in the same or in different
capacities.".
16 Addition, removal, substitution of party
In Rule 9.06(b) of the Principal Rules—
(a) omit ", namely";
(b) for "upon; or" substitute "upon;".
17 Defendant dead at commencement of proceeding
In Rule 9.08(4) of the Principal Rules, after
"A proceeding" insert "commenced".
-- 7 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
5
18 Change of party on death, bankruptcy
For Rule 9.09(2) and (3) of the Principal Rules
substitute—
"(2) If at any stage of a proceeding the interest or
liability of any party is assigned or
transmitted to or devolves upon some other
person, the Court may order—
(a) that the other person be added as a
party to the proceeding or be made a
party in substitution for the original
party; and
(b) that the proceeding be carried on as so
constituted.
(3) Unless the Court otherwise directs, the
person on whose application an order is
made under paragraph (2)—
(a) must serve the order on every party to
the proceeding and on every person
who ceases to be a party or becomes a
party as plaintiff by virtue of the order;
and
(b) in the case of a person who becomes a
defendant, must serve that person
personally with the order and with the
complaint.".
19 Failure to proceed after death of party
In Rule 9.10(2) of the Principal Rules—
(a) for "(i)" substitute "(a)";
(b) for "(ii)" substitute "(b)".
-- 8 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
6
20 Amendment of proceedings after change of party
For Rule 9.11(1) of the Principal Rules
substitute—
"(1) If an order is made under Rule 9.06
or 9.08—
(a) the complaint filed in the Court must,
subject to Rule 27.02(5), be amended
accordingly within the time specified in
the order, and otherwise within 10 days
after the making of the order; and
(b) a reference to the order, the date of the
order and the date on which the
amendment is made must be indorsed
upon the complaint or the other
originating process.".
21 Procedure after counterclaim against another
person
In Rule 10.04(1) of the Principal Rules, for
"showing who is plaintiff to the counterclaim
and who are defendants to the counterclaim."
substitute—
"showing—
(a) who is plaintiff to the counterclaim; and
(b) who are defendants to the counterclaim.".
22 Default by third party
In Rule 11.11(2) of the Principal Rules, after
"such order" insert "as".
23 Claim against another party
In Rule 11.15(3) of the Principal Rules—
(a) after "this Order" insert "applies";
(b) for "applies as if" substitute "as if".
-- 9 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
7
24 Definitions for Order 12
In Rule 12.01 of the Principal Rules—
(a) in the definition of property in dispute, for
"proceedings" substitute "a proceeding";
(b) the definition of sheriff is revoked.
25 Admission of claim
In Rule 12.06 of the Principal Rules—
(a) in paragraph (a), for "given;" substitute
"given; and";
(b) in paragraph (b), for "claimed;" substitute
"claimed; and";
(c) in paragraph (c)—
(i) omit "the Court,";
(ii) after "the sheriff," insert "the Court".
26 Interpleader summons
In Rule 12.07(1) of the Principal Rules—
(a) omit "the Court may";
(b) after "withdrawn," insert "the Court may".
27 Neutrality of applicant
(1) In Rule 12.10(2)(a) of the Principal Rules, for
"mentioned" substitute "referred to".
(2) In Rule 12.10(3) of the Principal Rules, for
"must affect" substitute "affects".
28 Order in several proceedings
For Rule 12.11(2) of the Principal Rules
substitute—
"(2) An order made under paragraph (1)—
(a) must be entitled in all the proceedings
in which it is made; and
-- 10 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
8
(b) must be binding on all the parties to
them.".
29 Heading to Order 15 amended
In the heading to Order 15 of the Principal Rules,
for "PERSON" substitute "PERSONS".
30 Definitions for Order 15
In Rule 15.01 of the Principal Rules, in the
definition of handicapped person, for "his or her"
substitute "that person's".
31 Litigation guardian of person under disability
In Rule 15.02(1) and (2) of the Principal Rules,
for "his or her" substitute "the person's".
32 Appointment of litigation guardian
(1) For Rule 15.03(1) of the Principal Rules
substitute—
"(1) A person may be a litigation guardian of a
person under disability if the first-mentioned
person—
(a) is not a person under disability; and
(b) has no interest in the proceeding
adverse to that of the person under
disability.".
(2) In Rule 15.03(6)(b)(ii) of the Principal Rules omit
"said".
33 Discovery
In Rule 15.07(2) of the Principal Rules, for
"his or her" substitute "the person's".
-- 11 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
9
34 Rule 17.06 substituted
For Rule 17.06 of the Principal Rules
substitute—
"17.06 Notice of defence under objection of
person sued as partner
A person served with a complaint as a
partner may file a notice of defence stating—
(a) that the person does so as a person
served as a partner; and
(b) that the person denies that the person
was a partner at any material time or is
liable as such.".
35 Heading to Order 26
In the heading to Order 26 of the Principal Rules,
for "OFFER" substitute "OFFERS".
36 Heading to Part 2 of Order 26
In the heading to Part 2 of Order 26 of the
Principal Rules, for "OFFER" substitute
"OFFERS".
37 Party under disability
In Rule 26.06 of the Principal Rules, for
"him or her" substitute "the person".
38 Form of document
(1) For Rule 27.03(5) of the Principal Rules
substitute—
"(5) Subject to Rule 27.02(4) and (5), the heading
of the document—
(a) must be indorsed on the first sheet of
the document; and
(b) must be followed immediately by a
short description of the document.".
-- 12 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
10
(2) In Rule 27.03(12) of the Principal Rules,
for "and telephone number" substitute
", telephone number and email address".
39 Seal of Court
In Rule 28.04(1) of the Principal Rules, for
"his or her" substitute "that person's".
40 Scope of discovery
In Rule 29.01.1(4)(b) of the Principal Rules, for
"his, her or its" substitute "the party's".
41 Co-defendants and third party
In Rule 29.06(2) of the Principal Rules, for
"shall apply" substitute "applies".
42 Inspection of documents referred to in pleadings
and affidavits
In Rule 29.10(2) of the Principal Rules—
(a) for "other party may" substitute
"other party";
(b) after "that party," insert "may".
43 Source for answers to interrogatories
For Rule 30.05(1)(b) of the Principal Rules
substitute—
"(b) a party who has no knowledge of the fact or
matter inquired after must be taken not to
have a belief as to the fact or matter—
(i) where the party has no information
relating to the fact or matter on which
to form a belief; or
(ii) where, if the party has such
information, for reasonable cause the
party has no belief that the information
is true;".
-- 13 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
11
44 Who to answer interrogatories
In Rule 30.08(1)(a)(ii) of the Principal Rules, for
"his or her" substitute "that person's".
45 Party an applicant
For Rule 32.06 of the Principal Rules
substitute—
"32.06 Party an applicant
Rule 32.05 applies, with any necessary
modification, if—
(a) the applicant is a party to a proceeding;
and
(b) there is reasonable cause to believe
that the applicant has or may have the
right to obtain against a person who is
not a party relief which the applicant
could properly have claimed in the
proceeding had the person been a
party.".
46 Inspection of documents
In Rule 32.09 of the Principal Rules, for
"mentioned" substitute "referred to".
47 Costs
In Rule 32.11(1)(c) of the Principal Rules omit
"of".
48 Voluntary admission of facts
(1) In Rule 35.02(1) of the Principal Rules—
(a) omit "may";
(b) after "another party," insert "may".
(2) In Rule 35.02(2) of the Principal Rules—
(a) omit "may";
(b) after "Court," insert "may".
-- 14 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
12
49 General power of amendment
(1) For Rule 36.01(2) of the Principal Rules
substitute—
"(2) In this Part document includes—
(a) a complaint; and
(b) an application; and
(c) a pleading.".
(2) In Rule 36.01(6) of the Principal Rules—
(a) for "The Court may, notwithstanding"
substitute "Notwithstanding";
(b) after "commenced," insert "the Court may".
50 Inspection from prospective defendant
For Rule 37.02(5) of the Principal Rules
substitute—
"(5) On an application under this Rule, the Court
may make an order for the costs and
expenses of—
(a) the applicant; and
(b) the person against whom the order is
sought.".
51 Procedure
For Rule 37.03(1) of the Principal Rules
substitute—
"(1) An application for an order under Rule 37.01
must be made by application—
(a) served on all parties to the proceeding;
and
(b) served personally on each person who
would be affected by the order if
made.".
-- 15 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
13
52 Examination on affidavit
In Rule 40.04 of the Principal Rules—
(a) omit "may" (where first occurring);
(b) in paragraph (a), before "order" insert
"may".
53 Deposition as evidence
In Rule 40.07(1)(a)(ii) of the Principal Rules, for
"his or her" substitute "the deponent's".
54 Heading to Order 41A substituted
For the heading to Order 41A of the Principal
Rules substitute—
"APPLICATION TO USE AUDIO VISUAL
LINK OR AUDIO LINK".
55 Payment of costs
In Rule 41A.06 of the Principal Rules—
(a) after "amount" insert "(if any)";
(b) after "regulations" insert "(if any)".
56 Application of Order 42A
In Rule 42A.01 of the Principal Rules, for "Rule"
substitute "Order".
57 Objection by party to inspection by other party
In Rule 42A.08(2) of the Principal Rules, for
"his or her" substitute "the plaintiff's".
58 Removal of document
In 42A.11(3) of the Principal Rules, for
"his or her" substitute "the registrar's".
59 Return of document
(1) In Rule 42A.12(1)(a) and (2) of the Principal
Rules, for "his or her" substitute "the registrar's".
-- 16 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
14
(2) In Rule 42A.12(3)(b) of the Principal Rules, for
"his or her" substitute "the plaintiff's".
60 Form of affidavit
(1) For Rule 43.01(2) of the Principal Rules
substitute—
"(2) Unless the Court otherwise orders, an
affidavit must state—
(a) the place of residence of the deponent
and the deponent's occupation or, if the
deponent has none, the deponent's
description; and
(b) that the deponent is a party to the
proceeding or employed by a party, if
such be the case.".
(2) For Rule 43.01(3) of the Principal Rules
substitute—
"(3) Notwithstanding paragraph (2), if a deponent
makes an affidavit in a professional or other
occupational capacity, the affidavit may,
instead of stating the deponent's place of
residence, state—
(a) the address of the deponent's place of
business; and
(b) the position the deponent holds; and
(c) the name of the deponent's firm or
employer, if any.".
(3) In Rule 43.01(7) of the Principal Rules—
(a) for "his or her" (where twice occurring)
substitute "the person's";
(b) for "he or she" substitute "the person".
-- 17 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
15
61 Affidavit by illiterate, blind or incapacitated person
In Rule 43.02(1) of the Principal Rules—
(a) for "he or she" substitute "the person";
(b) in paragraph (c), for "his or her" substitute
"the deponent's".
62 Annexures and exhibits
For Rule 43.06(2) and (3) of the Principal Rules
substitute—
"(2) An exhibit to an affidavit must be identified
by a separate certificate annexed to it—
(a) bearing the same heading as the
affidavit; and
(b) signed by the person before whom the
affidavit is sworn.
(3) The certificate must—
(a) be in Form 43A; and
(b) contain in the bottom right-hand
corner of the page in bold type and in
a font size not less than 20 points the
distinguishing mark of the exhibit and a
brief and specific description of the
exhibit.".
63 Application of Order 44
In the heading to Rule 44.02 of the Principal
Rules, after "Application" insert "of Order".
64 Report of expert
(1) For Rule 44.03(2)(e) of the Principal Rules
substitute—
"(e) in respect of the opinion—
(i) the reasons for it;
-- 18 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
16
(ii) any literature or other materials utilised
in support of it;
(iii) a summary of it;".
(2) In Rule 44.03(3) of the Principal Rules, for
"his or her" substitute "the expert's".
65 No evidence unless disclosed in report
In Rule 44.05 of the Principal Rules, for "Save"
substitute "Except".
66 Time for compliance
In Rule 59.03(5) of the Principal Rules—
(a) omit "may";
(b) after "order," insert "may".
67 Authentication of warrants
In Rule 60.07(a) of the Principal Rules, for
"his or her" substitute "the person's".
68 Adjournment
In Rule 61.13 of the Principal Rules, for
"he or she" substitute "the proper officer".
69 When security for costs may be ordered
In Rule 62.02(1)(e) of the Principal Rules, for
"his, her or its" substitute "the plaintiff's".
70 Time for costs order and payment
For Rule 63.03(1) of the Principal Rules
substitute—
"(1) The Court may in any proceeding exercise its
power and discretion as to costs—
(a) at any stage of the proceeding; or
(b) after the conclusion of the proceeding.".
-- 19 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
17
71 Bases of taxation
In Rule 63.28 of the Principal Rules—
(a) in paragraph (a), for "a" substitute "the";
(b) in paragraph (b), for "an" substitute "the".
72 Standard basis
In Rule 63.30 of the Principal Rules, for "a"
(where secondly occurring) substitute "the".
73 Indemnity basis
In Rule 63.30.1(1) of the Principal Rules, for "an"
(where firstly occurring) substitute "the".
74 Heading to Rule 63.68 amended
In the heading to Rule 63.68 of the Principal
Rules omit "and interpretation".
75 Gross sum for costs
In Rule 63.71(1) of the Principal Rules, for
"is excessive, only costs that were reasonable
and proper must be allowed, and a registrar may
assess those costs at a gross sum." substitute—
"is excessive—
(a) only costs that were reasonable and proper
must be allowed; and
(b) a registrar may assess those costs at a gross
sum.".
76 Order in aid of enforcement
In Rule 66.15(2) of the Principal Rules, for
"Sheriff" substitute "sheriff".
77 Definitions in Order 68
(1) For the heading to Rule 68.01 of the Principal
Rules substitute—
"Definition".
-- 20 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
18
(2) In Rule 68.01 of the Principal Rules, the definition
of Sheriff is repealed.
78 Notional possession of goods
In Rule 69.07 of the Principal Rules, for "Sheriff"
(where three times occurring) substitute "sheriff".
79 Examination of judgment debtor
In Rule 72.04(6) of the Principal Rules, for
"his or her" substitute "the judgment debtor's".
80 Minor amendments to Forms 4B, 5A, 7A, 7AA,
7AB, 7AC, 8A, 10A, 11A, 11B and 12A
(1) In Form 4B of the Principal Rules, for
"e.g. 5 September, 20" substitute "insert date".
(2) In Forms 5A and 7A of the Principal Rules, for
"e.g. 5 September 20" substitute "insert date".
(3) In Forms 7AA, 7AB, 7AC and 8A of the Principal
Rules, for "e.g. 5 September, 20" substitute
"insert date".
(4) In Forms 10A, 10B and 11A of the Principal
Rules, for "e.g. 5 September 20" substitute
"insert date".
(5) In Forms 11B and 12A of the Principal Rules, for
"e.g. 5 September, 20" substitute "insert date".
81 Notice of claim to goods taken in execution
(1) In Form 12B of the Principal Rules, for "Sheriff"
(wherever occurring) substitute "sheriff".
(2) In Form 12B of the Principal Rules, for
"e.g. 5 September 20" substitute "insert date".
82 Minor amendments to Forms 12C, 19A, 21A, 21B
and 22A
(1) In Form 12C of the Principal Rules, for
"e.g. 5 September, 20" substitute "insert date".
-- 21 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
19
(2) In Forms 19A, 21A and 21B of the Principal
Rules, for "e.g. 5 September 20" substitute
"insert date".
(3) In Form 22A of the Principal Rules—
(a) for "e.g. 20 June 20" substitute
"insert date";
(b) for "e.g. 15 June 20" substitute
"insert date".
83 Minor amendments to Forms 29A, 29C, 29D, 30A,
35A and 35B
(1) In Forms 29A and 29C of the Principal Rules, for
"e.g. 15 June 20" substitute "insert date".
(2) In Form 29D of the Principal Regulations, for
"e.g. 20 June 20" (where twice occurring)
substitute "insert date".
(3) In Form 30A of the Principal Regulations—
(a) for "e.g. 20 June 20 ]" (where first
occurring) substitute "[insert date]";
(b) for "e.g. 20 June 20" (where secondly
occurring) substitute "insert date".
(4) In Form 35A of the Principal Rules, for
"e.g. 15 June 20" substitute "insert date".
(5) In Form 35B of the Principal Rules, for
"e.g. 15 June, 20" substitute "insert date".
84 Minor amendments to Forms 46A, 46B, 61D to 61I
(1) In Form 46A of the Principal Regulations—
(a) for "e.g. 20 June 20" substitute
"insert date";
(b) for "e.g. 15 June 20" substitute
"insert date".
-- 22 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
20
(2) In Form 46B of the Principal Rules, for
"e.g. 5 September, 20" substitute "insert date".
(3) In Form 61D of the Principal Rules, for
"e.g. 5 September 20" substitute "insert date".
(4) In Form 61E of the Principal Rules, for
"e.g. 5 September 20" (where twice occurring)
substitute "insert date".
(5) In Forms 61F, 61G, 61H and 61I of the Principal
Rules, for "e.g. 5 September 20" substitute
"insert date".
85 Minor amendments to Forms 61J, 61K, 61L, 61M,
67A and 67D
(1) In Forms 61J, 61K, 61L and 61M of the Principal
Rules, for "e.g. 5 September, 20" substitute
"insert date".
(2) In Forms 67A and 67D of the Principal Rules, for
"e.g. 5 September 20" substitute "insert date".
86 Minor amendments to Forms 68A, 68B, 69A, 71A
to 72E
(1) In Forms 68A and 68B of the Principal Rules, for
"e.g. 5 September 20" (where twice occurring)
substitute "insert date".
(2) In Forms 69A, 71A and 71B of the Principal
Rules, for "e.g. 5 September, 20" substitute
"insert date".
(3) In Forms 72A and 72B of the Principal Rules, for
"e.g. 5 September 20" substitute "insert date".
(4) In Forms 72C, 72D and 72E of the Principal
Rules, for "e.g. 5 September, 20" substitute
"insert date".
-- 23 of 25 --
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
21
87 Minor amendments to Forms 82A and 82B
In Forms 82A and 82B of the Principal Rules, for
"e.g. 5 September 20" (where twice occurring)
substitute "insert date".
Dated: 22 March 2016
PETER LAURITSEN,
Chief Magistrate
LANCE MARTIN,
Deputy Chief Magistrate
BARRY BERNARD BRAUN,
Deputy Chief Magistrate
═══════════════
-- 24 of 25 --
Endnotes
Magistrates' Court General Civil Procedure (Miscellaneous Amendments)
Rules 2016
S.R. No. 17/2016
Authorised by the Chief Parliamentary Counsel
22
Endnotes
1 Rule 4: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015.
Reprinted to S.R. No. 3/2015. Subsequently amended by
S.R. Nos 163/2015 and 164/2015.
-- 25 of 25 --