County Court (Chapter I Amendment No. 10) Rules 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Revocations 2 6 Definitions 2 7 Effect of non-compliance 2 8 Application to set aside for irregularity 2 9 Proceedings after a year 3 10 Office hours 3 11 Urgent case 3 12 Service on particular defendants 3 13 How ordinary service effected 3 14 Identity of person served 3 15 Acceptance of service by solicitor 4 16 Service of other process by leave 4 17 Application for leave 4 18 Rule 8.09 substituted 4 19 Addition, removal, substitution of party 5 20 Defendant dead at commencement of proceeding 5 21 When counterclaim allowed 5 22 Stay of claim 5 23 Time for appearance 5 24 Other requirements for service 6 25 Appearance by third party 6 26 Counterclaim by third party 6 27 Default by third party 6 28 Claim against another party 6 29 Fourth and subsequent parties 6 30 Counterclaim 7 31 Definitions for Order 12 7 32 Sheriff's interpleader 7 33 Admission of claim 7 34 Interpleader summons 7 35 Neutrality of applicant 7 36 Trial of interpleader question 7 -- 1 of 49 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 37 Content of pleading 8 38 Matter which must be pleaded 8 39 Particulars of pleading 8 40 Admission and denials 8 41 Denial by joinder of issue 9 42 Counterclaim 9 43 Heading to Order 15 amended 9 44 Definitions for Order 15 9 45 Litigation guardian of person under disability 9 46 Appointment of litigation guardian 9 47 Discovery 10 48 Execution against money in court 10 49 Counterclaim and claim by third party notice 10 50 Representation of unascertained persons 10 51 Appearance under objection of person sued as partner 10 52 Enforcement of judgment 11 53 Charge on partner's interest 11 54 Effect of judgment 11 55 Solicitor ceasing to act 11 56 Removal of solicitor from record 11 57 Address for service 11 58 Judgment for recovery of debt, damages or property 12 59 Stay or judgment in proceeding 12 60 Rule 24.01 substituted 12 61 Counterclaim and third party claim 12 62 Inherent jurisdiction 12 63 Discontinuance or withdrawal of proceeding or claim 13 64 Heading to Order 26 amended 13 65 Heading to Part 2 of Order 26 amended 13 66 Disclosure of offer to court 13 67 Party under disability 13 68 Heading of document 13 69 Form of document 13 70 Seal of Court 13 71 New Rule 28.04A inserted 14 72 Inspection of documents 14 73 Documents that may not be filed electronically 14 74 Scope of discovery 14 75 Notice for discovery 14 76 Rule 29.03 substituted 15 77 Co-defendants and third party 15 78 Default notice 15 79 Default on discovery 15 80 Source for answers to interrogatories 15 81 Who to answer interrogatories 15 82 Default notice 15 83 Non-compliance with order 16 -- 2 of 49 -- Rule Page iii Authorised by the Chief Parliamentary Counsel 84 Effect of consent 16 85 Party an applicant, inspection of documents and direction of documents 16 86 Counterclaim 16 87 Expenses 16 88 No evidence unless disclosed in report 16 89 Voluntary admission of facts 16 90 General 16 91 Amendment of judgment or order 17 92 Payment into Court in discharge of lien 17 93 Default by receiver 17 94 Deposition as evidence 17 95 Attendance and production 17 96 Objection 17 97 Authentication and filing 17 98 Report of examiner 17 99 Heading to Order 41A substituted 18 100 Payment of costs 18 101 Application of Order 42A 18 102 Objection by party to inspection by other party 18 103 Removal of document 18 104 Return or disposal of document 18 105 Form of affidavit 18 106 Affidavit by illiterate or blind person 19 107 Application of Order 44 19 108 Report of expert 19 109 No evidence unless disclosed in report 19 110 Pre-trial conferences 20 111 Procedure on assessment 20 112 Value of goods 20 113 Restrictive covenant 20 114 Heading to Rule 53.01 amended 20 115 Parties 20 116 Judgment in administration proceeding 20 117 Mortgage, exchange or partition 21 118 Date of effect 21 119 Time for compliance 21 120 Consent judgment or order by filing 22 121 Minor amendments to Order 60A 22 122 Rule 61.01 substituted 22 123 Application under section 6 or section 8 23 124 Instalment agreement under section 7 23 125 When security for costs may be ordered 23 126 Heading to Order 64A amended 23 127 Attendance of natural person 23 128 Attendance of corporation 23 129 Attendance before another court etc. 24 -- 3 of 49 -- Rule Page iv Authorised by the Chief Parliamentary Counsel 130 Contempt 24 131 Order in aid of enforcement 24 132 Definitions for Order 67 24 133 Definitions for Order 68 24 134 Duration 24 135 Provision for enforcing payment of money 25 136 Definitions for Order 69 25 137 Minor amendments to Order 69 25 138 Removal of goods on warrant of possession 25 139 Definitions and application of Order 71 26 140 Bank account 26 141 Evidence on application for garnishee summons 26 142 Money in court 26 143 Attendance of or information about judgment debtor 26 144 Contents of order 27 145 Determination of earnings 27 146 Definitions for Order 73 27 147 Effect of service of summons 27 148 Order charging funds in court 27 149 Stop order for funds in court 28 150 Stop notice on corporation stock not in court 28 151 Prohibition of transfer of or payment on stock 28 152 Contempt in face of the Court and arrest of respondent 28 153 Arrest pending contempt hearing 28 154 Discharge 29 155 Application of money 29 156 Notice of application for suppression order 29 157 Minor amendments to Order 5 Forms 29 158 Form 7A substituted 30 159 Minor amendments to Forms 8B, 10B, 11A and 11B 30 160 Notice of claim to goods taken in execution 31 161 Notice of a constitutional matter 31 162 Form 28 substituted 31 163 Minor amendments to Forms 29A, 29C, 29D, 30A, 35A and 35B 32 164 Form 39A substituted 33 165 Order for examination out of Victoria 34 166 Form 41AA substituted 34 167 Minor amendments to Forms 45A, 46A, 48A, 48B, 53B, 59A, 60A and 60D 35 168 Order 61 Forms amended 36 169 Form 61N substituted 38 170 Minor amendments to Forms 61P and 61Q 38 171 Form 61R substituted 39 172 Application for copy of judge's notes 39 173 Minor amendments to Forms 68A, 68B, 68C, 71A, 72A, 72B, 72E, 72F, 72G and 72H 39 -- 4 of 49 -- Rule Page v Authorised by the Chief Parliamentary Counsel 174 Form 72K substituted 40 175 Notice of cessation of attachment of earnings order 40 176 Minor amendments to Forms 73A, 73C, 75A, 75B and 75BA 41 177 Form 75C substituted 41 Schedule 1—Revoked Statutory Rules 42 ═══════════════ Endnotes 44 -- 5 of 49 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 129/2015 County Court Act 1958 County Court (Chapter I Amendment No. 10) Rules 2015 A majority of the Judges of the County Court makes the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the County Court— (a) to enable greater use of electronic filing by parties in civil matters; and (b) to ensure that, as far as possible, that Chapter is consistent with the recently remade Chapter I of the Rules of the Supreme Court; and (c) as a consequence of the commencement of the Legal Profession Uniform Law Application Act 2014. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 23 November 2015. 4 Principal Rules In these Rules, the County Court Civil Procedure Rules 20081 are called the Principal Rules. -- 6 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 2 5 Revocations The Rules listed in Schedule 1 are revoked. 6 Definitions (1) In Rule 1.13(1) of the Principal Rules— (a) insert the following definitions— "CITEC Confirm means the authorised provider of civil electronic filing services as in operation in the Court from time to time; 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;"; (b) the definition of solicitor is revoked. (2) In Rule 1.13(2)(a) of the Principal Rules omit "and". (3) In Rule 1.13(3) of the Principal Rules, for "If by these Rules a form is prescribed" substitute "If these Rules prescribe a form". 7 Effect of non-compliance (1) In Rule 2.01(1) of the Principal Rules, for "or a" substitute "or any". (2) In Rule 2.01(1) and (2)(b) of the Principal Rules, for "therein" substitute "in the proceeding". 8 Application to set aside for irregularity In Rule 2.03 of the Principal Rules, for "therein" substitute "in any proceeding". -- 7 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 3 9 Proceedings after a year In Rule 3.06 of the Principal Rules, for "his" substitute "that party's". 10 Office hours In Rule 3.09 of the Principal Rules, for "shall be" substitute "are". 11 Urgent case In Rule 4.08 of the Principal Rules— (a) omit "the Court may,"; (b) after "directs," insert "the Court may". 12 Service on particular defendants For Rule 6.04(d)(i) and (ii) of the Principal Rules substitute— "(i) on the Attorney-General of the Commonwealth; or (ii) on a person appointed by the Attorney- General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth;". 13 How ordinary service effected (1) In Rule 6.07(1)(b) of the Principal Rules, for "his" substitute "the person's". (2) In Rule 6.07(2)(a) of the Principal Rules, for "his or her" substitute "the individual's". 14 Identity of person served In Rule 6.08 of the Principal Rules, for "his identity or that he holds some office is evidence of his identity or that he" substitute " that person's identity or that the person holds some office is evidence of that person's identity or that the person". -- 8 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 4 15 Acceptance of service by solicitor In Rule 6.09(2) of the Principal Rules, for "shall, unless the solicitor is shown not to have had authority to accept service, be taken to have been served on the person on the day the solicitor made the note." substitute "shall be taken to have been served on the person on the day the solicitor made the note, unless the solicitor is shown not to have had authority to accept service.". 16 Service of other process by leave In Rule 7.06(a)(ii) of the Principal Rules, for "his or her" substitute "that person's". 17 Application for leave For Rule 7.08(4) of the Principal Rules substitute— "(4) Where any document is served out of Australia by order of the Court made under Rule 7.06 or 7.07, the following shall 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; and (b) unless the Court otherwise orders, a copy of any exhibit referred to in the affidavit.". 18 Rule 8.09 substituted For Rule 8.09 of the Principal Rules substitute— "8.09 Setting aside writ or originating motion Notwithstanding Rule 8.08, the Court, on application made by the defendant before filing an appearance, whether conditional or not, may exercise its jurisdiction to— -- 9 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 5 (a) set aside a writ or originating motion or its service; (b) make an order under Rule 46.08; or (c) stay a proceeding.". 19 Addition, removal, substitution of party In Rule 9.06(b) of the Principal Rules omit ", namely". 20 Defendant dead at commencement of proceeding In Rule 9.08(4) of the Principal Rules, after "A proceeding" insert "commenced". 21 When counterclaim allowed In Rule 10.02(3) of the Principal Rules, for "his" substitute "the defendant's". 22 Stay of claim In Rule 10.07 of the Principal Rules, for "his" substitute "the defendant's". 23 Time for appearance For Rule 11.03(2)(b) of the Principal Rules substitute— "(b) where the notice is to be served out of Victoria— (i) the time limited by Rule 8.04(b), (c), (d) or (e) in the case of appearance by a defendant to a writ, whichever is appropriate; or (ii) the time limited by any order of the Court authorising service of the notice.". -- 10 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 6 24 Other requirements for service In Rule 11.07(5) of the Principal Rules, for paragraphs (a) to (c) substitute— "(a) any order or consent under Rule 11.05(2); (b) any order under paragraph (2) of this Rule made before the third party notice was filed fixing a period for service of the notice; (c) any order under paragraph (3) of this Rule; (d) the writ or other originating process; (e) any pleadings or affidavits filed and served in the proceeding.". 25 Appearance by third party In Rule 11.08(3) of the Principal Rules omit "shall". 26 Counterclaim by third party In Rule 11.10(1) of the Principal Rules, for "shall apply" substitute "applies". 27 Default by third party In Rule 11.11(2) of the Principal Rules, after "order" insert "as". 28 Claim against another party (1) In Rule 11.15(2) of the Principal Rules, for "shall" substitute "does". (2) In Rule 11.15(3) of the Principal Rules, for "shall apply" substitute "applies". 29 Fourth and subsequent parties In Rule 11.16(1) of the Principal Rules, for "shall apply" substitute "applies". -- 11 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 7 30 Counterclaim In Rule 11.17 of the Principal Rules— (a) for "shall" substitute "applies"; (b) omit "apply". 31 Definitions for Order 12 In Rule 12.01 of the Principal Rules the definition of sheriff is revoked. 32 Sheriff's interpleader In Rule 12.03(1) of the Principal Rules, for "his" substitute "that person's". 33 Admission of claim In Rule 12.06 of the Principal Rules— (a) in paragraph (b), after "claimed;" insert "and"; (b) in paragraph (c)— (i) omit "the Court"; (ii) before "may" insert "the Court". 34 Interpleader summons In Rule 12.07(1) of the Principal Rules— (a) omit "the Court may"; (b) after "withdrawn," insert "the Court may". 35 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 "shall affect" substitute "affects". 36 Trial of interpleader question In Rule 12.12(1) of the Principal Rules, for "shall apply" substitute "applies". -- 12 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 8 37 Content of pleading In Rule 13.02(1)(b) of the Principal Rules, after "on;" insert "and". 38 Matter which must be pleaded In Rule 13.07(2)(b) of the Principal Rules, for "is in possession of the land by himself or herself or the defendant's tenant" substitute "or the defendant's tenant is in possession of the land". 39 Particulars of pleading For Rule 13.10(3) of the Principal Rules substitute— "(3) Without limiting paragraph (1), every pleading shall contain particulars of any— (a) misrepresentation, fraud, breach of trust, wilful default or undue influence which is alleged; or (b) disorder or disability of the mind, malice, fraudulent intention or other condition of the mind, including knowledge or notice which is alleged.". 40 Admission and denials (1) In Rule 13.12(1) of the Principal Rules, for "(4)" substitute "(3)". (2) For Rule 13.12(2) to (4) of the Principal Rules substitute— "(2) Where the party pleading intends to prove facts which are different to those pleaded by the opposite party, it shall not be sufficient for the party merely to deny or not to admit the facts so pleaded, but the party shall plead the facts the party intends to prove. -- 13 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 9 (3) Any allegation that a party has suffered damage and any allegation as to the amount of damages shall be taken to be denied unless specifically admitted.". 41 Denial by joinder of issue In Rule 13.13(4) of the Principal Rules, for "shall operate" (where twice occurring) substitute "operates". 42 Counterclaim In Rule 13.15 of the Principal Rules— (a) for "shall" substitute "applies"; (b) omit "apply". 43 Heading to Order 15 amended In the heading to Order 15 of the Principal Rules, for "PERSON" substitute "PERSONS". 44 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". 45 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". 46 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.". -- 14 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 10 (2) In Rule 15.03(6)(b)(ii) of the Principal Rules omit "said". 47 Discovery In Rule 15.07(2) of the Principal Rules, for "his or her" substitute "the person's". 48 Execution against money in court In Rule 15.09(1)(c) of the Principal Rules, for "thereof" substitute "of the money". 49 Counterclaim and claim by third party notice In Rule 15.10 of the Principal Rules, for "shall apply" substitute "applies". 50 Representation of unascertained persons (1) In Rule 16.01(2)(c) of the Principal Rules, for "thereof" substitute "of the class". (2) In Rule 16.01(3) of the Principal Rules, after "judgment or" insert "an". 51 Appearance under objection of person sued as partner (1) For Rule 17.06(1) of the Principal Rules substitute— "(1) A person served with originating process as a partner may file an appearance 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.". (2) In Rule 17.06(3)(b) of the Principal Rules— (a) in subparagraph (i), for "he or she" substitute "the person"; (b) in subparagraph (ii), for "his or her" substitute "the person's". -- 15 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 11 52 Enforcement of judgment (1) In Rule 17.07(1) of the Principal Rules— (a) after "given or" insert "an"; (b) for paragraph (b)(iii) substitute— "(iii) admitted in the person's pleading that the person is a partner; or". (2) In Rule 17.07(2) of the Principal Rules, after "a judgment or" insert "an". 53 Charge on partner's interest In Rule 17.11(4) of the Principal Rules, after "or" insert "an". 54 Effect of judgment In Rule 18.04(1) of the Principal Rules, after "given or" insert "an". 55 Solicitor ceasing to act In Rule 20.03(3)(b) of the Principal Rules, after "trial;" insert "or". 56 Removal of solicitor from record In Rule 20.04(1)(a)(i) of the Principal Rules omit "or" (where thirdly occurring). 57 Address for service (1) In Rule 20.05(1)(a) of the Principal Rules, for "his" substitute "the party's". (2) For Rule 20.05(2) of the Principal Rules substitute— "(2) The Court may by order direct what address shall be the address for service of a party for whom a solicitor has ceased to act where the Court— -- 16 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 12 (a) under Rule 20.03(3) or (4) gives a solicitor leave to file notice that the solicitor has ceased to act; or (b) under Rule 20.04(1) by order declares that a solicitor has ceased to act.". 58 Judgment for recovery of debt, damages or property In Rule 21.03(1.2) of the Principal Rules, for "shall" substitute "does". 59 Stay or judgment in proceeding In Rule 23.01(1) of the Principal Rules— (a) in paragraph (b), for "(b)" substitute "(a)"; (b) in paragraph (c), for "(c)" substitute "(b)". 60 Rule 24.01 substituted For Rule 24.01 of the Principal Rules substitute— "24.01 Judgment on dismissal The Court may order that a proceeding be dismissed for want of prosecution if the plaintiff— (a) being required to serve a statement of claim, fails to do so within the time limited; or (b) being entitled under Rule 48.02 to set the proceeding down for trial, does not do so within 28 days after the time the plaintiff becomes entitled.". 61 Counterclaim and third party claim In Rule 24.04 of the Principal Rules, for "shall apply" substitute "applies". 62 Inherent jurisdiction In Rule 24.05 of the Principal Rules, for "shall affect" substitute "affects". -- 17 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 13 63 Discontinuance or withdrawal of proceeding or claim In Rule 25.02(4) of the Principal Rules, for "his" substitute "the defendant's". 64 Heading to Order 26 amended In the heading to Order 26 of the Principal Rules, for "OFFER" substitute "OFFERS". 65 Heading to Part 2 of Order 26 amended In the heading to Part 2 of Order 26 of the Principal Rules, for "OFFER" substitute "OFFERS". 66 Disclosure of offer to court In Rule 26.05(3) of the Principal Rules, for "shall" substitute "do". 67 Party under disability In Rule 26.06 of the Principal Rules, for "him or her and no acceptance by him or her" substitute "a person under disability and no acceptance by a person under disability". 68 Heading of document In Rule 27.02(6) of the Principal Rules, after "judgment or" insert "an". 69 Form of document In Rule 27.03(12) of the Principal Rules, for "and telephone number" substitute ", telephone number and email address". 70 Seal of Court In Rule 28.04(1) of the Principal Rules, for "his or her" substitute "that person's". -- 18 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 14 71 New Rule 28.04A inserted After Rule 28.04 of the Principal Rules insert— "28.04A Requirements for seal of the Court if electronic filing used (1) The seal of the Court shall not be required to be affixed to any document prior to it being uploaded into CITEC Confirm. (2) The affixing by CITEC Confirm of an electronic watermark or electronic stamp containing a facsimile of the seal of the Court to a document filed in CITEC Confirm is sufficient compliance with any requirement of these Rules or any order of the Court that the document be sealed with the seal of the Court. (3) This Rule applies despite anything to the contrary in Rule 28.04.". 72 Inspection of documents In Rule 28.05(1) of the Principal Rules, for "may, on payment of the proper fee," substitute ", on payment of the proper fee, may". 73 Documents that may not be filed electronically In Rule 28.13(1)(a) of the Principal Rules, after "any" insert "rules or". 74 Scope of discovery In Rule 29.01.1(4)(b) of the Principal Rules, for "his, her or its" substitute "the party's". 75 Notice for discovery In Rule 29.02(1) of the Principal Rules— (a) omit "may"; (b) after "those parties" insert ", may". -- 19 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 15 76 Rule 29.03 substituted For Rule 29.03 of the Principal Rules substitute— "29.03 Discovery after notice A party upon whom a notice for discovery is served shall make discovery of documents within 42 days after the later of— (a) service of the notice; or (b) the day upon which the notice is taken by virtue of Rule 29.02(3) to have been served.". 77 Co-defendants and third party In Rule 29.06(2) of the Principal Rules, for "shall apply" substitute "applies". 78 Default notice In Rule 29.12.1(4) of the Principal Rules, for "shall apply" substitute "applies". 79 Default on discovery In Rule 29.14(3) of the Principal Rules, for "thereof" substitute "of the order". 80 Source for answers to interrogatories In Rule 30.05(1)(g) of the Principal Rules, for "shall apply" substitute "applies". 81 Who to answer interrogatories In Rule 30.08(1)(a)(ii) of the Principal Rules, for "his or her" substitute "that person's". 82 Default notice In Rule 30.09.1(4) of the Principal Rules, for "shall apply" substitute "applies". -- 20 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 16 83 Non-compliance with order In Rule 30.10(3) of the Principal Rules, for "thereof" substitute "of the order". 84 Effect of consent In Rule 31.05(b) and (c)(ii) of the Principal Rules, for "shall apply" substitute "applies". 85 Party an applicant, inspection of documents and direction of documents In Rules 32.04, 32.06, 32.09 and 32.10 of the Principal Rules, for "shall apply" substitute "applies". 86 Counterclaim In Rule 33.02 of the Principal Rules, for "shall apply" substitute "applies". 87 Expenses In Rule 33.05(2) of the Principal Rules— (a) omit "shall"; (b) after "examined," insert "shall". 88 No evidence unless disclosed in report In Rule 33.12 of the Principal Rules, for "Save" substitute "Except". 89 Voluntary admission of facts In Rule 35.02(2) of the Principal Rules— (a) omit "may"; (b) after "Court," insert "may". 90 General (1) In Rule 36.01(6) of the Principal Rules— (a) for "The Court may, notwithstanding" substitute "Notwithstanding"; (b) after "commenced," insert "the Court may". -- 21 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 17 (2) In Rule 36.01(8) of the Principal Rules, for "shall apply" substitute "applies". (3) In Rule 36.01(9) of the Principal Rules, after "or" insert "an". 91 Amendment of judgment or order In Rule 36.07 of the Principal Rules, before "order" (where twice occurring) insert "an". 92 Payment into Court in discharge of lien In Rule 37.05(2) of the Principal Rules, for "shall apply" substitute "applies". 93 Default by receiver In Rule 39.08(2) of the Principal Rules— (a) omit "may" (where second occurring); (b) after "into court," insert "may". 94 Deposition as evidence In Rule 40.07(1)(b)(ii) of the Principal Rules, for "his or her" substitute "the deponent's". 95 Attendance and production In Rule 40.12 of the Principal Rules, for "him or her" substitute "the person". 96 Objection In Rule 41.06 of the Principal Rules omit "shall". 97 Authentication and filing (1) In Rule 41.08(3) of the Principal Rules, for "him or her" substitute "the examiner". (2) In Rule 41.08(6) of the Principal Rules, for "shall" substitute "do". 98 Report of examiner In Rule 41.09 of the Principal Rules, for "him" substitute "the examiner". -- 22 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 18 99 Heading to Order 41A substituted For the heading to Order 41A of the Principal Rules substitute "APPLICATION TO USE AUDIO VISUAL OR AUDIO LINK". 100 Payment of costs In Rule 41A.06 of the Principal Rules— (a) after "amount" insert "(if any)"; (b) after "regulations" insert "(if any)". 101 Application of Order 42A In Rule 42A.01(1) of the Principal Rules, for "Rule" substitute "Order". 102 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". 103 Removal of document In Rule 42A.11(3) of the Principal Rules, for "his or her" substitute "the Registrar's". 104 Return or disposal of document (1) In Rule 42A.12(1)(a) and (2) of the Principal Rules, for "his or her" substitute "the Registrar's". (2) In Rule 42A.12(3)(b) of the Principal Rules, for "his or her" substitute "the plaintiff's". 105 Form of affidavit (1) In Rule 43.01(2) and (3) of the Principal Rules— (a) for "his or her" substitute "the deponent's"; (b) for "he or she" substitute "the deponent". (2) In Rule 43.01(7) of the Principal Rules, for "his or her" (where twice occurring) substitute "the person's". -- 23 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 19 106 Affidavit by illiterate or blind person In Rule 43.02 of the Principal Rules— (a) for "he or she" substitute "the person"; (b) in paragraph (a), for "his or her" substitute "the person's"; (c) in paragraph (b), for "him or her" substitute "the person"; (d) in paragraph (c), for "his or her" substitute "the deponent's". 107 Application of Order 44 For Rule 44.02(2) of the Principal Rules substitute— "(2) This Order does not apply to the evidence of a party who would, if called as a witness at the trial, be qualified to give evidence as an expert in respect of any question in the proceeding.". 108 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; (ii) any literature or other materials utilised in support of it; and (iii) a summary of it.". (2) In Rule 44.03(3) of the Principal Rules, for "his or her" substitute "the expert's". 109 No evidence unless disclosed in report In Rule 44.05 of the Principal Rules, for "Save" substitute "Except". -- 24 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 20 110 Pre-trial conferences In Rule 48.12(3) of the Principal Rules, for "him or her" substitute "the person". 111 Procedure on assessment In Rule 51.03 of the Principal Rules— (a) after "Order 49," insert "applies"; (b) omit "shall apply". 112 Value of goods In Rule 51.07 of the Principal Rules— (a) after "Order" insert "applies"; (b) omit "shall apply". 113 Restrictive covenant In Rule 52.09(3) of the Principal Rules, for "he or she" substitute "the Judge or associate judge". 114 Heading to Rule 53.01 amended In the heading to Rule 53.01 of the Principal Rules, after "Application" insert "of Order". 115 Parties In Rule 54.03 of the Principal Rules, for "within" substitute "referred to in". 116 Judgment in administration proceeding For Rule 54.06(2)(a) and (b) of the Principal Rules substitute— "(a) if it is alleged that no or no sufficient accounts have been furnished by the executors, administrators or trustees, order— (i) that the proceeding be stayed for a period specified in the order; and -- 25 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 21 (ii) that the executors, administrators or trustees shall, within that period, furnish the plaintiff with proper accounts; (b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust— (i) give judgment or make an order for the administration of the estate or the execution of the trust under the direction of the Court; and (ii) order that no steps be taken under the judgment or order, or under any account or inquiry directed, without the leave of the Court.". 117 Mortgage, exchange or partition In Rule 55.06 of the Principal Rules— (a) after "Order" insert "applies"; (b) omit "shall apply". 118 Date of effect In Rule 59.02 of the Principal Rules, after "judgment given or" insert "an". 119 Time for compliance In Rule 59.03(5) of the Principal Rules— (a) omit "may"; (b) after "order," insert "may". -- 26 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 22 120 Consent judgment or order by filing (1) In Rule 59.06(4) of the Principal Rules, after "or" insert "an". (2) In Rule 59.06(5) of the Principal Rules, after "or" (where first and secondly occurring) insert "an". (3) In Rule 59.06(8) of the Principal Rules, for "shall" substitute "does". 121 Minor amendments to Order 60A (1) In Rule 60A.02(1) of the Principal Rules, after "or" (where first occurring) insert "an". (2) In Rule 60A.03 of the Principal Rules, after "or" (where first occurring) insert "an". (3) In Rule 60A.04(3) of the Principal Rules, after "or" insert "an". (4) In Rule 60A.07(1) of the Principal Rules, after "or" insert "an". (5) In Rule 60A.08(1) and (2) of the Principal Rules, after "or" (where first occurring) insert "an". (6) In Rule 60A.08(3) of the Principal Rules, after "or" (where secondly occurring) insert "an". 122 Rule 61.01 substituted For Rule 61.01 of the Principal Rules substitute— "61.01 Definitions (1) In this Order, unless the context or subject matter otherwise requires— judgment includes a judgment or an order for the payment of money into Court; the Act means the Judgment Debt Recovery Act 1984. -- 27 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 23 (2) In this Order, unless the context or subject matter otherwise requires, references to an order that a judgment debt be paid by instalments include references to an order that any part of the judgment debt be so paid. (3) The Registrar shall be the proper officer of the Court for the purpose of the Act.". 123 Application under section 6 or section 8 (1) In Rule 61.02(1) of the Principal Rules, after "section 6" insert "of the Act". (2) In Rule 61.02(3)(a)(i) of the Principal Rules, for "his or her" substitute "the judgment debtor's". 124 Instalment agreement under section 7 In Rule 61.03(2) of the Principal Rules, for "his or her signature" substitute "the witness' signature". 125 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". 126 Heading to Order 64A amended In the heading to Order 64A of the Principal Rules omit "OF THE SUPREME COURT". 127 Attendance of natural person In Rule 66.06(2)(a) of the Principal Rules— (a) for "his or her" substitute "that person's"; (b) for "his detention" substitute "that person's detention". 128 Attendance of corporation In Rule 66.07(2)(a) of the Principal Rules, for "his or her" (where twice occurring) substitute "that person's". -- 28 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 24 129 Attendance before another court etc. In Rule 66.08 of the Principal Rules, for "shall, with any necessary modification, apply" substitute "apply, with any necessary modification,". 130 Contempt In Rule 66.09 of the Principal Rules, for "shall affect" substitute "affects". 131 Order in aid of enforcement In Rule 66.15(2) of the Principal Rules, for "Sheriff" substitute "sheriff". 132 Definitions for Order 67 In Rule 67.01 of the Principal Rules, for the definition of the material questions substitute— "the material questions are— (a) whether any and, if so, what debts are owing to the person bound; (b) whether the person bound has any and, if so, what other property or means of satisfying the judgment; and (c) any questions concerning or in aid of the enforcement or satisfaction of the judgment specified in the order for examination or production.". 133 Definitions for Order 68 In Rule 68.01 of the Principal Rules, the definition of Sheriff is revoked. 134 Duration In Rule 68.05(5) and (6) of the Principal Rules, for "Sheriff" substitute "sheriff". -- 29 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 25 135 Provision for enforcing payment of money In Rule 68.07 of the Principal Rules— (a) for "shall" substitute "applies"; (b) omit "apply". 136 Definitions for Order 69 In Rule 69.01 of the Principal Rules, the definition of Sheriff is revoked. 137 Minor amendments to Order 69 (1) In Rule 69.04(1) and (2) of the Principal Rules, for "Sheriff" (where three times occurring) substitute "sheriff". (2) In Rule 69.05(1) and (2) of the Principal Rules, for "Sheriff" (where twice occurring) substitute "sheriff". (3) In Rule 69.05(3) of the Principal Rules, for "shall" substitute "does". (4) In Rule 69.06(1) of the Principal Rules, for "Sheriff" (where twice occurring) substitute "sheriff". (5) In Rule 69.06(2) of the Principal Rules, for "Sheriff" (where three times occurring) substitute "sheriff". (6) In Rule 69.06(3) and (6) of the Principal Rules, for "Sheriff" (where twice occurring) substitute "sheriff". (7) In Rule 69.07 of the Principal Rules, for "Sheriff" (where three times occurring) substitute "sheriff". 138 Removal of goods on warrant of possession In Rule 70.02 of the Principal Rules, for "Sheriff" substitute "sheriff". -- 30 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 26 139 Definitions and application of Order 71 In Rule 71.01(2) of the Principal Rules, for "shall" substitute "does". 140 Bank account In Rule 71.03(2) of the Principal Rules, for "shall apply" substitute "applies". 141 Evidence on application for garnishee summons For Rule 71.05(1)(b) of the Principal Rules substitute— "(b) that, as the case requires— (i) a debt is due or accruing to the judgment debtor from the garnishee; or (ii) a debt will or is likely to become due or accrue to the judgment debtor from the garnishee.". 142 Money in court (1) In Rule 71.13(1) of the Principal Rules— (a) for "Where" substitute "Subject to Rule 15.09, where"; (b) for "thereof" substitute "of the money". (2) Rule 71.13(3) of the Principal Rules is revoked. 143 Attendance of or information about judgment debtor (1) For Rule 72.04(1)(b)(i) of the Principal Rules substitute— "(i) the name and address of the judgment debtor's employer or, if the judgment debtor has more employers than one, of each of the judgment debtor's employers;". (2) In Rule 72.04(5) of the Principal Rules, for "his or her" substitute "the judgment debtor's". -- 31 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 27 144 Contents of order (1) In Rule 72.05(1) and (3) of the Principal Rules, for "that is to say," substitute "being". (2) In Rule 72.05(3) of the Principal Rules, for "he or she" substitute "the judgment debtor". 145 Determination of earnings In Rule 72.15(3) of the Principal Rules, for "shall" substitute "does". 146 Definitions for Order 73 In Rule 73.01 of the Principal Rules, for the definition of securities substitute— "securities means— (a) any stock issued by or any funds of or annuity granted by the Commonwealth or by any State of the Commonwealth or any Territory; and (b) any stock of any corporation registered or formed under any general Commonwealth Act or under any general Act of any State of the Commonwealth or any Territory; and (c) any dividend or interest payable on any stock referred to in paragraph (a) or (b);". 147 Effect of service of summons In Rule 73.07(1)(b) of the Principal Rules, for "thereon" substitute "on any of those securities". 148 Order charging funds in court (1) In Rule 73.11(1) of the Principal Rules, for "For" substitute "Subject to Rule 15.09, for". (2) Rule 73.11(4) of the Principal Rules is revoked. -- 32 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 28 149 Stop order for funds in court In Rule 73.12(1) of the Principal Rules— (a) for "thereof" substitute "of funds in court"; (b) for "thereon" substitute "on funds in court". 150 Stop notice on corporation stock not in court (1) For Rule 73.13(1) of the Principal Rules substitute— "(1) In this Rule and the following Rules of this Order, corporation means any corporation registered or formed under any general Commonwealth Act or under any general Act of any State of the Commonwealth or any Territory.". (2) In Rule 73.13(2) of the Principal Rules— (a) for "(in this and the following Rules called the claimant)" substitute "(the claimant)"; (b) for "thereon" substitute "on the stock"; (c) in paragraph (a)(i), for "therein" substitute "in the stock". 151 Prohibition of transfer of or payment on stock In Rule 73.16(1) of the Principal Rules, for "thereon" substitute "on the stock". 152 Contempt in face of the Court and arrest of respondent In Rules 75.02(3)(a) and 75.08(3)(a) of the Principal Rules, for "Sheriff" substitute "sheriff". 153 Arrest pending contempt hearing (1) In Rule 75.08.1(1B)(a) of the Principal Rules, for "Sheriff" substitute "sheriff". -- 33 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 29 (2) In Rule 75.08.1(2)(b) of the Principal Rules— (a) for "he or she" substitute "the person"; (b) for "his or her" substitute "the person's". 154 Discharge In Rule 75.12 of the Principal Rules, for "his or her" substitute "the respondent's". 155 Application of money In Rule 79.02(2) and (3) of the Principal Rules, for "thereof" substitute "of the money". 156 Notice of application for suppression order In Rule 82.02(1) of the Principal Rules— (a) in paragraph (a), for "must" substitute "shall"; (b) in paragraph (b), for "must" substitute "is to". 157 Minor amendments to Order 5 Forms (1) In Forms 5A, 5B, 5C, 5D and 5E of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". (2) In Form 5D of the Principal Rules, for "e.g. 20 June, 20" substitute "insert date". (3) In Form 5E of the Principal Rules, for "e.g. 20 June 20" substitute "insert date". -- 34 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 30 158 Form 7A substituted For Form 7A of the Principal Rules substitute— " RULE 7.13(2) FORM 7A LETTER OF REQUEST FOR SERVICE OF DOCUMENT [heading as in originating process] To A civil proceeding is now pending in the County Court of Victoria in which is plaintiff and is defendant and in which the plaintiff claims And in order that the matters in dispute between the parties in the proceeding may be duly determined it is necessary that [describe the document] be served on and it has been made to appear that is a national of and is domiciled or resident in at I the Registrar of the County Court of Victoria request that for the reasons stated above and for the assistance of the Court you will be pleased to cause the document [and a translation of it], [both of] which I send to you with this request, to be served on of And I inform you that proper arrangements have been made by the Court and by the Commonwealth of Australia for the reimbursement of any expenses incurred in carrying out the service requested. And I further inform you that legal assistance with respect to the service of documents in the State of Victoria can be given by this Court at the request of a foreign court if that request is duly transmitted to the Attorney-General of the State of Victoria. Dated [insert date]. Registrar of the County Court of the State of Victoria. _______________". 159 Minor amendments to Forms 8B, 10B, 11A and 11B In Forms 8B, 10B, 11A and 11B of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". -- 35 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 31 160 Notice of claim to goods taken in execution In Form 12A of the Principal Rules— (a) for "Sheriff" (where first, second, third, fourth, fifth, sixth and seventh occurring) substitute "sheriff"; (b) for "e.g. 15 June 20" substitute "insert date". 161 Notice of a constitutional matter In Form 19A of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". 162 Form 28 substituted For Form 28 of the Principal Rules substitute— "RULE 28.11(2) FORM 28 FILING CONFIRMATION NOTICE IN THE COUNTY COURT OF VICTORIA AT [court location] To [name of firm or legal practitioner] An electronic copy of the following document— [document name] was filed in the County Court in this proceeding under Part 2 of Order 28 on [date/time]. -- 36 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 32 CASE DETAILS Case Number: [case number] Case Description: [case description] Court Location: [court location] Case Type: [case type] Cause of Action: [cause of action] Your Reference: [your reference] [facsimile of Court seal] The attached document has been filed in the County Court of Victoria. This document must be retained as proof of filing of the attached document— refer to Rules 28.14 and 40.08. DATED: [filing date/time] Registrar _______________". 163 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 Forms 29D and 30A of the Principal Rules, for "Dated [e.g. 20 June 20 ]" substitute "Dated [insert date]". (3) In Forms 35A and 35B of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". -- 37 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 33 164 Form 39A substituted For Form 39A of the Principal Rules substitute— "Rule 39.05(b) FORM 39A 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 Registrar of the County Court of the State of Victoria. By an order of the County 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 County Court has signed an allowance in the margin of this deed. This guarantee witnesses that the guarantor promises the Registrar 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 Registrar 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) _______________". -- 38 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 34 165 Order for examination out of Victoria In Form 41B of the Principal Rules— (a) for "therein" substitute "in the depositions"; (b) for "therefrom" substitute "from those documents". 166 Form 41AA substituted For Form 41AA of the Principal Rules substitute— "RULE 41A.02 FORM 41AA 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? -- 39 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 35 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 Registrar) The application will be heard before the Judge in the Court, [or the associate judge in the Court] County 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]. *delete if not applicable. _______________". 167 Minor amendments to Forms 45A, 46A, 48A, 48B, 53B, 59A, 60A and 60D (1) In Forms 45A and 46A of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "e.g. 15 June 20" substitute "insert date". (2) In Form 48A of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". (3) In Form 48B of the Principal Rules— (a) for "e.g. 15 June 20" (where twice occurring) substitute "insert date"; (b) for "e.g. 20 June 20" (where twice occurring) substitute "insert date"; (c) for "Dated 20 ." substitute "Dated [insert date]". -- 40 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 36 (4) In Forms 53B and 59A of the Principal Rules— (a) for "e.g. 20 April 20" substitute "insert date"; (b) for "e.g. 15 June 20" substitute "insert date". (5) In Form 60A of the Principal Rules, for "e.g. 20 June 20" substitute "insert date". (6) In Form 60D of the Principal Rules, for "e.g. 15 June 20" substitute "insert date". 168 Order 61 Forms amended (1) In Form 61A of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "Dated 20" substitute "Dated [insert date]". (2) In Form 61B of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "Date 20" substitute "Dated [insert date]". (3) In Form 61C of the Principal Rules— (a) in the heading, for "OR ORDER" substitute "OF ORDER"; (b) for "e.g. 20 June 20" substitute "insert date"; (c) for "20 an" substitute "[insert date] an"; (d) for "20 be" substitute "[insert date] be"; (e) for "20 at" substitute "[insert date] at"; (f) for "Date 20" substitute "Dated [insert date]". -- 41 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 37 (4) In Form 61D of the Principal Rules, for "e.g. 20 June 20" (where four times occurring) substitute "insert date". (5) In Form 61E of the Principal Rules, for "e.g. 20 June 20" (where twice occurring) substitute "insert date". (6) In Form 61F of the Principal Rules— (a) omit "hereby"; (b) for "Dated 20" substitute "Dated [insert date]"; (c) for "Objector or Objector's Solicitor" substitute "objector or objector's solicitor". (7) In Form 61G of the Principal Rules— (a) for "20 on" substitute "[insert date] on"; (b) for "20 of" substitute "[insert date] of"; (c) for "20 at" substitute "[insert date] at"; (d) for "Dated 20 ." substitute "Dated [insert date]". (8) In Form 61H of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "Dated 20 ." substitute "Dated [insert date]". (9) In Forms 61J, 61K and 61L of the Principal Rules, for "e.g. 20 June 20" substitute "insert date". (10) In Form 61M of the Principal Rules, for "e.g. 20 June 20" (where twice occurring) substitute "insert date". -- 42 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 38 169 Form 61N substituted For Form 61N of the Principal Rules substitute— "RULE 61.04(4) FORM 61N 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 County Court at the time and place appointed by the summons issued on [insert date] 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 him or her 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) of the Judgment Debt Recovery Act 1984]. Issued [insert date] Registrar _______________". 170 Minor amendments to Forms 61P and 61Q (1) In Form 61P of the Principal Rules— (a) for "e.g. 20 June 20" (where twice occurring) substitute "insert date"; (b) for "Dated 20 ." substitute "Dated [insert date]". -- 43 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 39 (2) In Form 61Q of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "Dated 20 ." substitute "Dated [insert date]". 171 Form 61R substituted For Form 61R of the Principal Rules substitute— "RULE 61.07(2) FORM 61R 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 County Court on [insert date] [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] Registrar _______________". 172 Application for copy of judge's notes In Form 64AB of the Principal Rules omit "e.g. 16 July 20". 173 Minor amendments to Forms 68A, 68B, 68C, 71A, 72A, 72B, 72E, 72F, 72G and 72H (1) In Forms 68A and 68B of the Principal Rules, for "e.g. 20 June 20" substitute "insert date". (2) In Form 68C of the Principal Rules, for "e.g. 20 June 20" (where twice occurring) substitute "insert date". -- 44 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 40 (3) In Forms 71A, 72A, 72B, 72E, 72F, 72G and 72H of the Principal Rules, for "e.g. 20 June 20" substitute "insert date". 174 Form 72K substituted For Form 72K of the Principal Rules substitute— "RULE 72.06(3) FORM 72K NOTICE BY EMPLOYER THAT JUDGMENT DEBTOR IS NOT IN EMPLOYER'S EMPLOY [heading as in originating process] To the Registrar, 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] _______________". 175 Notice of cessation of attachment of earnings order In Form 72L of the Principal Rules— (a) for "20 whereby" substitute "[insert date] by which"; (b) for "20 because" substitute "[insert date] because"; (c) for "Dated 20 ." substitute "Dated [insert date]". -- 45 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 41 176 Minor amendments to Forms 73A, 73C, 75A, 75B and 75BA (1) In Form 73A of the Principal Rules— (a) for "e.g. 20 June 20" substitute "insert date"; (b) for "on 20" substitute "[insert date]". (2) In Form 73C of the Principal Rules, for "thereon" (where twice occurring) substitute "on the stock". (3) In Forms 75A, 75B and 75BA of the Principal Rules, for "Sheriff" substitute "sheriff". 177 Form 75C substituted For Form 75C of the Principal Rules substitute— "RULE 75.13 FORM 75C 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 the person to the Governor of that prison. To the Governor of the prison at Receive [name] into your custody and keep him or her person until the further order of this Court [as the case may be]. The committal of [name] for contempt of court in that [name] (state nature of his or her contempt). Dated [insert date]. Judge _______________". -- 46 of 49 -- Schedule 1—Revoked Statutory Rules County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 42 Schedule 1—Revoked Statutory Rules Rule 5 S.R. No. Title 182/2009 County Court (Costs Court Amendment) Rules 2009 184/2009 County Court (Chapter I Amendment No. 1) Rules 2009 185/2009 County Court (Evidence Amendments) Rules 2009 145/2010 County Court (Chapter I Amendment No. 2) Rules 2010 146/2010 County Court (Chapter I Scale of Costs Amendment) Rules 2010 81/2011 County Court (Chapter I Scale of Costs Amendment) Rules 2011 82/2011 County Court (Chapter I Amendment No. 3) Rules 2011 107/2011 County Court (Chapter I Amendment No. 4) Rules 2011 156/2011 County Court (Chapter I Scale of Costs Increase Amendment) Rules 2011 85/2012 County Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2012 104/2012 County Court (Miscellaneous Amendments) Rules 2012 166/2012 County Court (Chapter I Amendment No. 5) Rules 2012 167/2012 County Court (Chapter I Scale of Costs Amendment) Rules 2012 36/2013 County Court (Chapter I Amendment No. 6) Rules 2013 69/2013 County Court (Chapter I Amendment No. 7) Rules 2013 122/2013 County Court (Chapter I Amendment No. 8) Rules 2013 136/2013 County Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013 166/2013 County Court (Chapters I and II Miscellaneous Amendments) Rules 2013 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 100/2014 County Court (Chapters I and III Miscellaneous Amendments) Rules 2014 150/2014 County Court (Chapter I Costs Amendment) Rules 2014 176/2014 County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2014 210/2014 County Court (Miscellaneous Amendments) Rules 2014 -- 47 of 49 -- County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 43 Dated: 17 November 2015 P. KIDD M. E. KENNEDY M. G. McINERNEY D. L. ALLEN G. R. ANDERSON P. G. MISSO S. M. COHEN J. M. J. PATRICK M. E. SEXTON P. M. E. WISCHUSEN F. E. HOGAN P. G. LACAVA I. E. LAWSON P. M. TAFT E. M. GAYNOR H. T. MASON P. J. COISH G. P. MULLALY J. A. CAMPTON J. L. PARRISH W. A. WILMOTH M. H. TINNEY G. T. CHETTLE G. T. CANNON F. MILLANE M. E. DEAN S. S. DAVIS M. F. MACNAMARA F. P. HAMPEL B. STUART J. G. MORRISH D. G. BROOKES P. D. GRANT C. J. RYAN D. A. PARSONS P. J. COSGRAVE S. E. PULLEN R. W. DYER L. A. HANNAN S. L. HINCHEY ═══════════════ -- 48 of 49 -- Endnotes County Court (Chapter I Amendment No. 10) Rules 2015 S.R. No. 129/2015 Authorised by the Chief Parliamentary Counsel 44 Endnotes 1 Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013. Subsequently amended by S.R. Nos 100/2014, 150/2014, 176/2014, 210/2014, 7/2015 and 34/2015. -- 49 of 49 --