Supreme Court (Miscellaneous Civil Proceedings) Rules 1998

i Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 S.R. No. 110/1998 TABLE OF PROVISIONS Rule Page ORDER 1 1 PRELIMINARY 1 PART 1—GENERAL 1 1.01 Title 1 1.02 Object 1 1.03 Authorising provisions 1 1.04 Commencement 2 1.05 Revocation 2 1.06 Application 2 1.07 Rules of general procedure 2 PART 2—TRIAL DIVISION 2 1.08 Application of Part 2 1.09 Process 2 1.10 Address for service 3 1.11 Jurisdiction of Master 3 1.12 Application to be supported by affidavit 4 ORDER 2 4 COMMERCIAL LIST 4 2.01 Definitions 4 2.02 Judge to control List 5 2.03 Entry into Commercial List 6 2.04 Summons for directions 6 2.05 No certificate of readiness 7 2.06 Removal from Commercial List 7 -- 1 of 97 -- Rule Page ii ORDER 3 7 BUILDING CASES 7 3.01 Definitions 7 3.02 Judge to control List 8 3.03 Entry into Building Cases List 9 3.04 Summons for directions 9 3.05 Removal from Building Case List 9 ORDER 4 10 APPEALS FROM TRIBUNALS 10 PART 1—INTRODUCTION 10 4.01 Application 10 4.02 Definitions 10 PART 2—APPEAL TO TRIAL DIVISION 10 4.03 Appeal to Court constituted by a Judge 10 4.04 Commencement of appeal 10 4.05 Leave to appeal 11 4.06 Application for leave 11 4.07 Affidavit in support 11 4.08 Summons before Master 12 4.09 Hearing of application 13 4.10 Appeal 13 4.11 Notice of appeal 13 4.12 Appellant to file affidavit 14 4.13 Directions 15 4.14 Expedition 16 PART 3—APPEAL TO COURT OF APPEAL 16 4.15 Commencement of Appeal 16 4.16 Application for leave to appeal 17 4.17 Notice of appeal 17 4.18 Application of Order 64 of Chapter I 18 4.19 Exercise of jurisdiction and powers 19 ORDER 5 19 CASE STATED BY A TRIBUNAL 19 5.01 Application 19 5.02 Definitions 19 5.03 Preparation of draft 20 5.04 Approved or altered draft 20 5.05 Settling of the draft 20 5.06 Delivery to recording officer 21 -- 2 of 97 -- Rule Page iii 5.07 Delivery of special case and certification of copies 21 5.08 Reference to documents 21 5.09 Copies of documents 22 ORDER 6 22 REFERENCE BY A TRIBUNAL OF A QUESTION OF LAW 22 6.01 Application 22 6.02 Procedure on reference 22 ORDER 7 22 VICTORIAN TAXATION APPEALS 23 PART 1—GENERAL 23 7.01 Definitions 23 7.02 Application 23 7.03 Procedure 24 7.04 Interlocutory applications in Trial Division 24 PART 2—APPEALS FROM THE COMMISSIONER 24 7.05 Setting down 24 7.06 Relevant documents 25 7.07 Affidavit and directions 25 ORDER 8 26 VALUATION OF LAND 26 PART 1—GENERAL 26 8.01 Definitions 26 8.02 Application of Order 26 8.03 List 27 8.04 Judge in Charge 27 8.05 Directions 28 8.06 Application of Orders 4 and 6 29 PART 2—VALUATION OF LAND ACT 1960 29 8.07 Definitions 29 8.08 Application of Part 2 29 8.09 Section 23(3) 29 8.10 Setting Down 29 8.11 Rating authority to file documents 30 8.12 Affidavit and directions 30 PART 3—LAND ACQUISITION AND COMPENSATION ACT 1986 31 8.13 Definitions 31 -- 3 of 97 -- Rule Page iv 8.14 Application of Part 3 32 8.15 Section 81(1)(c) 32 8.16 Filing of notice of referral 32 8.17 Directions 32 ORDER 9 32 COMMERCIAL ARBITRATION RULES 32 9.01 Definition 32 9.02 Application of Order 33 9.03 Jurisdiction 33 9.04 Enforcement of award 33 9.05 Indorsement and service of Order 34 9.06 Appeal under section 38 34 9.07 Application under section 39(1) 34 9.08 Application under section 42 or 43 34 9.09 Offer of compromise 35 9.10 Form of offer 35 9.11 Time for making, accepting, payment under etc. offer 35 9.12 Effect of offer 36 9.13 Disclosure of offer 36 9.14 Failure to comply with accepted offer 37 9.15 Costs where offer not accepted 37 9.16 Hearing on costs 38 ORDER 10 38 SERVICE AND EXECUTION OF PROCESS RULES 38 10.01 Definitions 38 10.02 How application made 38 10.03 Enforcement of judgment 38 10.04 Fees 39 10.05 Costs 39 ORDER 11 39 REGISTRATION OF JUDGMENTS 39 PART 1—FOREIGN JUDGMENTS ACT 1962 39 11.01 Definitions 40 11.02 Application of Order 40 11.03 Application under section 5 by originating motion 40 11.04 Affidavit 40 11.05 Security for costs may be ordered 42 11.06 Order on application 42 11.07 Notice of registration 43 11.08 Application to set aside 43 11.09 Enforcement of judgment 44 -- 4 of 97 -- Rule Page v 11.10 Certified copy of Victorian judgment 44 11.11 Certificates 44 11.12 Master 45 PART 2—FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH 45 11.13 Definition 45 11.14 Application of Part 46 11.15 Application under section 6 by originating motion 46 11.16 Affidavit 46 11.17 Security for costs may be ordered 48 11.18 Order on application 48 11.19 Notice of registration 48 11.20 Application to set aside 49 11.21 Enforcement of judgment 49 11.22 Certified copy of Victorian judgment 50 11.23 Certificates 50 11.24 Master 51 ORDER 12 51 JURY SERVICE APPEALS 51 12.01 Definitions 51 12.02 Application 51 12.03 Appellant to give notice 51 12.04 Papers for Judge 52 12.05 Judge to consider papers 52 12.06 Hearing of appeal 52 12.07 If appellant does not appear 53 12.08 If appeal allowed 53 ORDER 13 53 CROSS-VESTING OF JURISDICTION RULES 53 13.01 Application 53 13.02 Definitions 53 13.03 Heading of documents 54 13.04 Application by Attorney-General 54 13.05 Removal of proceeding 54 13.06 Notice 54 13.07 Procedure after transfer 55 13.08 Conduct of proceeding 55 13.09 Directions 56 13.10 Applications made to a Judge 56 ORDER 14 56 LEGAL EDUCATION AND ADMISSION TO PRACTISE 56 -- 5 of 97 -- Rule Page vi 14.01 Definition 56 14.02 Appeal under Rule 56 56 14.03 Reference under section 341(3) 56 14.04 Appeal under section 342(1) 57 14.05 Oaths—Forms 2–14A and 2-14B 57 14.06 Excuse 57 14.07 Affidavit 57 14.08 Service 58 14.09 If application granted 58 14.10 Admission to practise 58 ORDER 15 58 PROFESSIONAL PRACTICE 58 15.01 Definition 58 15.02 Appeal on a question of law 58 15.03 Recommendation under section 160(1)(c)(iv) 59 15.04 Reference under section 160(2)(b) 60 ORDER 16 61 FAMILY PROVISION 61 16.01 Definitions 61 16.02 Application of Order 61 16.03 Mode of application 61 16.04 Parties to application 62 16.05 Directions to be given 62 16.06 Summons for directions 62 16.07 Directions 62 16.08 Failure to comply with directions 63 16.09 Production of probate 63 16.10 Procedure after Order for plaintiff 63 ORDER 17 64 COURT AUTHORISED WILLS 64 17.01 Definition 64 17.02 Application of Order 64 17.03 Minors 64 17.04 Jurisdiction of Master under section 20 65 17.05 Want of testamentary capacity 65 17.06 If leave granted 66 17.07 Jurisdiction of Master under section 21 67 ORDER 18 67 WORKERS COMPENSATION 67 18.01 Definitions 67 -- 6 of 97 -- Rule Page vii 18.02 Application of Order 67 18.03 Employer may join in proceeding 67 18.04 When further payments made 68 18.05 If payments are disputed 68 18.06 If payments are not disputed 68 18.07 Other party may seek reduction 68 18.08 When further payments made 69 18.09 If payments are disputed 69 18.10 If payments are not disputed 69 ORDER 19 69 WARDS OF COURT 69 19.01 Application of Order 69 19.02 Application 69 19.03 Notice by defendant 70 19.04 Evidence by affidavit 70 19.05 Minor ceases to be ward of Court 70 ORDER 20 70 COURT OF DISPUTED RETURNS 70 PART 1—INTERPRETATION 70 20.01 Definitions 70 20.02 Application of Order 70 PART 2—PETITIONS 71 20.03 Chief Justice to nominate Judge 71 20.04 Summons for directions 71 20.05 Procedure on hearing 71 PART 3—REFERENCES OF QUESTIONS 71 20.06 Chief Justice to nominate Judge 71 20.07 Summons for directions 72 20.08 Parliamentary papers to be evidence 72 20.09 Procedure on hearing 72 ORDER 21 72 ALCOHOLICS AND DRUG-DEPENDENT PERSONS 72 21.01 Definition 72 21.02 Application of Order 73 21.03 Form of complaint 73 21.04 Form of order 73 21.05 Application for warrant 73 -- 7 of 97 -- Rule Page viii 21.06 Application for retention of person in assessment centre 73 21.07 Evidence and procedure 73 21.08 Appeal against order to attend assessment centre 73 21.09 Stay of proceedings 75 21.10 Appeal against committal to treatment centre 75 21.11 Appeal under County Court Act 75 ORDER 22 76 CORONIAL INQUESTS 76 22.01 Application of Order 76 22.02 Notice 76 __________________ FORMS 77 Form 2–1A—Notice of address for service 77 Form 2–14A—Oath of allegiance 77 Form 2–14B—Oath of office 77 Form 2–18A—Notice by employer seeking judgment 78 Form 2–18B—Notice of further payments 79 Form 2–18C—Notice of dispute 80 Form 2–18D—Notice to reduce payments 81 Form 2–18E—Notice of further payments 82 Form 2–18F—Notice to dispute 83 Form 2–19A—Originating motion 84 Form 2–21A—Complaint 86 Form 2–21B—Order 87 ═══════════════ NOTES 89 -- 8 of 97 -- 1 STATUTORY RULES 1998 S.R. No. 110/1998 Supreme Court Act 1986 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 The Judges of the Supreme Court make the following Rules: ORDER 1 PRELIMINARY PART 1—GENERAL 1.01 Title These Rules constitute Chapter II of the Rules of the Supreme Court and are entitled the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998. 1.02 Object The object of these Rules is to re-make with amendments the Rules which establish procedures for certain miscellaneous civil proceedings in the Court. 1.03 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. -- 9 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 2 1.04 Commencement These Rules come into operation on 31 August 1998. 1.05 Revocation Chapter II of the Rules of the Supreme Court, the Rules of Procedure in Miscellaneous Civil Proceedings 1988 1 , is revoked. 1.06 Application These Rules apply to any proceeding in the Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which they come into operation. 1.07 Rules of general procedure Except so far as is otherwise provided by these Rules or any Act, Chapter I of the Rules of the Supreme Court for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply. PART 2—TRIAL DIVISION 1.08 Application of Part This Part applies to any proceeding in the Trial Division of the Court to which these Rules apply. 1.09 Process Subject to these Rules— (a) a proceeding to which this Part applies shall be commenced by originating motion in accordance with Chapter I; (b) an interlocutory or other application in a proceeding to which this Part applies and r. 1.04 -- 10 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 3 made on notice to any person shall be by summons in accordance with Chapter I. 1.10 Address for service A person served with any process by which a proceeding is commenced shall not take any step in the proceeding or be heard by the Court unless the person has first— (a) when required to file an appearance, filed an appearance in accordance with Rule 8.05 of Chapter I; or (b) when not required to file an appearance, filed and served a notice of address for service in Form 2–1A. 1.11 Jurisdiction of Master (1) Except where otherwise provided by these Rules, a Master, in addition to exercising the powers and authorities conferred on a Master by any other provision of these Rules or by any Act may, in any proceeding to which this Part applies, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court. (2) Subject to paragraph (3) and these Rules, the trial of a proceeding shall not be held before a Master and a Master shall not give any judgment or make any order at the trial of a proceeding. (3) Except as provided by paragraph (4), a Master may at the trial of a proceeding give judgment or make an order by consent of all parties. (4) A Master shall not have authority to hear or determine— (a) any application which by these Rules or any Act is required to be heard only by a Judge; or r. 1.10 -- 11 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 4 (b) any proceeding relating to the liberty of the subject. (5) This Rule has effect as if it contained, modified as necessary, Rules 77.02(6), 77.03, 77.04, 77.06, 77.07 and 77.08 of Chapter I. 1.12 Application to be supported by affidavit (1) In a proceeding to which this Part applies evidence shall be given by affidavit except where otherwise provided by any Act or these Rules or where the Court otherwise orders. (2) An affidavit in support of an application made without notice to any person shall show the parties interested and their interests. (3) Any document referred to as an exhibit to an affidavit shall be made available for inspection by any person on whom service of a copy of the affidavit is required. ORDER 2 COMMERCIAL LIST 2.01 Definitions In this Order— "commercial proceeding" means any proceeding commenced by writ or originating motion— (a) which arises out of ordinary commercial transactions, including any proceeding relating to— (i) the construction of commercial, shipping or transport documents; (ii) the export or import of merchandise; r. 1.12 -- 12 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 5 (iii) the carriage of goods for the purpose of trade or commerce; (iv) insurance; (v) banking; (vi) finance; (vii) commercial agency; (viii) commercial usage; or (b) in which there is a question that has importance in trade or commerce; "Commercial List" or "List" means a list of commercial proceedings compiled by the Prothonotary; "Commercial List Judge" means a Judge, not being the Judge in charge, nominated by the Chief Justice; "Judge in charge" means a Judge nominated by the Chief Justice to be in charge of the Commercial List. 2.02 Judge to control List (1) The Judge in charge shall have control of the proceedings in the List. (2) A Commercial List Judge has the powers of the Judge in charge in relation to any proceeding in the List. (3) The powers of the Court in relation to a proceeding in the List shall, subject to paragraphs (4) and (5), be exercised only by the Judge in charge or a Commercial List Judge. (4) The powers of the Court in relation to a proceeding in the List may be exercised by a Judge other than the Judge in charge or a Commercial List Judge if the Judge in charge or a r. 2.02 -- 13 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 6 Commercial List Judge so requests or if in special circumstances that other Judge thinks fit to exercise them. (5) Subject to Rule 1.11, a Master may exercise the powers of the Court in relation to a proceeding in the List on a reference by or by leave of the Judge in charge or a Commercial List Judge. (6) Subject to paragraph (4), an appeal from any judgment given or order made by a Master shall be heard by the Judge in charge or a Commercial List Judge. 2.03 Entry into Commercial List (1) The originating process in a commercial proceeding may at the option of the plaintiff be marked in the top left-hand corner with the words "Commercial List" and, upon the filing of such originating process so marked, the proceeding shall be entered in the List. (2) Any party to a commercial proceeding in which the originating process has not been so marked may within 14 days after appearance apply to the Judge in charge for an order entering the proceeding in the List, and the Judge shall make an order entering the proceeding in the List unless satisfied that there is good reason for not making such an order. 2.04 Summons for directions (1) When originating process marked in accordance with Rule 2.03(1) is filed, the plaintiff shall apply for directions. (2) The application for directions shall be by summons and shall— r. 2.03 -- 14 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 7 (a) be addressed to the defendant or the defendants; and (b) be served with the originating process. (3) Upon the hearing or further hearing of a summons for directions or when hearing an application under Rule 2.03(2) the Judge in charge may give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination. (4) A summons for directions may be brought on for further hearing from time to time by any party on giving reasonable notice to any other party and to the Court. (5) Nothing in this Order shall prevent a party from applying under Order 21 or 22 of Chapter I. (6) If originating process marked in accordance with Rule 2.03(1) is served out of Australia in accordance with Part I of Order 7 of Chapter I, a summons for the purpose only of paragraph (2) may without order of the Court be served with it. 2.05 No certificate of readiness No certificate of readiness for trial shall be necessary in a commercial proceeding. 2.06 Removal from Commercial List The Judge in charge may at any time order that a proceeding in the List be removed from the List. ORDER 3 BUILDING CASES 3.01 Definitions In this Order— r. 2.05 -- 15 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 8 "building case" means any proceeding commenced by writ arising out of or in any way concerning any agreement express or implied for— (a) for the design or carrying out of building works; (b) for the supervision or inspection of the construction of building works; (c) for the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of building works; (d) the manufacture or provision of any materials for inclusion in building works; "Building Cases List" or "List" means a list of building cases compiled by the Prothonotary; "building works" means building or engineering works of any description whatever. "the Judge" means the Judge in charge of the List; 3.02 Judge to control List (1) A Judge nominated by the Chief Justice shall be in charge of the Building Cases List and shall have control of the proceedings in the List. (2) The powers of the Court in relation to a proceeding in the List shall, subject to any directions of the Judge and to paragraphs (3) and (4), be exercised only by the Judge. (3) The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge if the Judge so requests or if in r. 3.02 -- 16 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 9 special circumstances that other Judge thinks fit to exercise them. (4) Subject to Rule 1.11, a Master may exercise the powers of the Court in relation to a proceeding in the List on a reference by or by leave of the Judge. 3.03 Entry into Building Cases List (1) The writ in a building case may at the option of the plaintiff be marked in the top left-hand corner with the words "Building Cases List" and upon the filing of a writ so marked, the case shall be entered in the List. (2) Any party in a building case in which the writ has not been marked in accordance with paragraph (1) may within 14 days after appearance apply to the Judge for an order entering the case in the List, and the Judge shall make an order entering the case in the List unless he is satisfied that there are good reasons for not making such an order. 3.04 Summons for directions (1) In a proceeding in the Building Cases List the plaintiff shall within 7 days after the first appearance in the proceeding apply to the Judge for directions. (2) If the plaintiff fails to apply, a defendant may within 7 days after the expiration of the time referred to in paragraph (1) apply to the Judge for directions. (3) Upon the hearing or further hearing of a summons for directions or when hearing an application under Rule 3.03(2) the Judge may give such directions as the Judge thinks conducive to the effective, complete, prompt and economical determination of the proceeding. 3.05 Removal from Building Case List r. 3.03 r. 3.05 -- 17 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 10 The Judge may at any time order that a case in the List be removed from the List. ORDER 4 APPEALS FROM TRIBUNALS PART 1—INTRODUCTION 4.01 Application (1) Subject to paragraph (2), this Order applies to an appeal to the Court from a tribunal and an application for leave to appeal from a tribunal. (2) This Order does not apply to a proceeding to which Order 7, 8, 12, 14 or 15 applies, save to the extent provided by that Order. 4.02 Definitions In this Order— "order" includes decision or determination; "tribunal" means any person or body, not being a court, in relation to whose orders a right of appeal to the Court is conferred by an Act. PART 2—APPEAL TO TRIAL DIVISION 4.03 Appeal to Court constituted by a Judge Except as otherwise provided by any Act or Rule, an appeal to the Court from a tribunal shall be heard by a Judge. 4.04 Commencement of appeal Except as otherwise provided by any Act or Rule— (a) an appeal under this Part is commenced by filing a notice of appeal in the Court; -- 18 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 11 (b) the appeal shall be commenced within 28 days after the day of the order of the tribunal or, if leave to appeal is necessary, within 14 days of leave being granted; (c) the appeal shall not operate as a stay of proceedings unless the Court otherwise orders. 4.05 Leave to appeal Except as otherwise provided by any Act or Rule, an application for leave to appeal from a tribunal shall be made in accordance with Rules 4.06, 4.07, 4.08 and 4.09. 4.06 Application for leave (1) An application for leave to appeal shall be made within 28 days after the day of the order of the tribunal. (2) An application for leave to appeal shall be made by originating motion. (3) The application is taken to be made when the originating motion is filed. (4) As soon as practicable after filing the originating motion, the applicant shall— (a) deliver a sealed copy of the originating motion to the registrar or other proper officer of the tribunal; and (b) serve the originating motion on the proposed respondent to the appeal. 4.07 Affidavit in support r. 4.05 r. 4.07 -- 19 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 12 (1) Within seven days after filing the originating motion, the applicant shall file an affidavit in support of the application for leave to appeal. (2) The affidavit shall set out the acts, facts, matters and circumstances relating to— (a) the order of the tribunal; (b) the grounds in the proposed notice of appeal. (3) There shall be included as exhibits to the affidavit— (a) a copy of the order from which the appeal is to be brought; (b) a copy of any reasons given for the order; and (c) a copy of the proposed notice of appeal— or their absence as exhibits shall be accounted for in the affidavit. 4.08 Summons before Master (1) Within seven days after filing the originating motion, the applicant shall apply on summons to a Master for the leave sought in the originating motion. (2) The application is taken to be made when the summons is filed. (3) The applicant shall serve the summons and a copy of the affidavit in support and of any exhibit on the proposed respondent to the appeal not less than 14 days before the day for hearing named in the summons. (4) The proposed respondent shall file and serve a copy of any affidavit in answer and shall serve a copy of any exhibit not less than five days before the day for hearing named in the summons. -- 20 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 13 (5) If at any time the Master is satisfied that the hearing of the summons should be expedited, the Master may of his or her own motion or on the application of the respondent bring the summons on for hearing. 4.09 Hearing of application (1) On the hearing of the summons the Master may grant or refuse leave to appeal. (2) Without limiting paragraph (1), the Master may refuse leave to appeal if satisfied that the applicant does not have a prima facie case on appeal or that to refuse leave would impose no substantial injustice. (3) If leave to appeal is granted, the Master shall give directions with respect to the appeal. (4) If directions are given with respect to affidavits, no affidavit in respect of which directions have not been complied with shall be used without leave of the Court. (5) The Master may in a proper case grant a stay of proceedings under the order of the tribunal. 4.10 Appeal Except as otherwise provided by any Act or Rule, an appeal from a tribunal shall be brought in accordance with Rule 4.11 and, unless leave to appeal has been given, Rules 4.12 and 4.13. 4.11 Notice of appeal (1) A notice of appeal under this Part shall— (a) be in writing signed by the appellant or the appellant's solicitor; (b) set out— (i) the order of the tribunal; r. 4.09 -- 21 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 14 (ii) whether the appeal is from the whole or part only of the order and, if so, what part; (iii) if the appeal is brought by leave, when leave was given and by whom; (iv) the question of law, if any, upon which the appeal is brought or which is involved in the order, as the case requires; (v) concisely the grounds of appeal; and (c) at its end, name all the persons on whom it is proposed to serve the notice of appeal. (2) As soon as practicable after filing the notice of appeal, the appellant shall— (a) deliver a copy to the registrar or other proper officer of the tribunal; and (b) unless the Court otherwise orders, serve a copy of the notice on all persons directly affected by the appeal. (3) The Court may give leave to amend the grounds of appeal or make any other order to ensure the proper determination of the appeal. 4.12 Appellant to file affidavit (1) Within seven days after filing the notice of appeal, the appellant shall file an affidavit setting out the acts, facts, matters and circumstances relating to— (a) the order of the tribunal; (b) the grounds set out in the notice of appeal. (2) There shall be included as exhibits to the affidavit— r. 4.12 -- 22 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 15 (a) a copy of the order from which the appeal is or is proposed to be brought; and (b) a copy of any reasons given for the order— or their absence as exhibits shall be accounted for in the affidavit. 4.13 Directions (1) Within seven days after filing the notice of appeal, the appellant shall apply on summons to a Master for directions. (2) The application is taken to be made when the summons is filed. (3) The appellant shall serve the summons and a copy of the affidavit filed under Rule 4.12 and of any exhibit on the respondent to the appeal not less than 14 days before the day for hearing named in the summons. (4) The respondent shall file and serve a copy of any affidavit in answer and shall serve a copy of any exhibit not less than five days before the day for hearing named in the summons. (5) If at any time the Master is satisfied that the hearing of the summons should be expedited, the Master may of his or her own motion or on the application of the respondent bring the summons on for hearing. (6) Subject to paragraph (7), the Master shall give directions with respect to the appeal. (7) The Master may dismiss the appeal if satisfied that the applicant does not have a prima facie case on appeal or that to dismiss the appeal would impose no substantial injustice. (8) If directions are given with respect to affidavits, no affidavit in respect of which the directions r. 4.13 -- 23 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 16 have not been complied with shall be used without leave of the Court. (9) The Master may in a proper case grant a stay of proceedings under the order of the tribunal. 4.14 Expedition (1) Where it is satisfied that the delay caused by proceeding in accordance with this Part would or might entail injustice, the Court may make an order under this Part without notice to any party upon such terms as to costs or otherwise and subject to such undertaking, if any, as is thought fit. (2) The Court may set aside any order made under paragraph (1) on the application of any person affected. (3) Where it is satisfied that the justice of the case requires, the Court may order that, subject to any order otherwise, an application for leave to appeal be heard and determined by the Court which, if leave is granted, is to hear and determine the appeal and may give directions accordingly. PART 3—APPEAL TO COURT OF APPEAL 4.15 Commencement of Appeal Except as otherwise provided by any Act or Rule— (a) an appeal to the Court of Appeal from a tribunal is commenced by filing a notice of appeal in the Court; (b) the appeal shall be commenced within 28 days after the day of the order of the tribunal or, if leave to appeal is necessary, within 14 days of leave being granted; r. 4.14 -- 24 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 17 (c) the appeal shall not operate as a stay of proceedings unless the Court of Appeal otherwise orders. 4.16 Application for leave to appeal Except as otherwise provided by any Act or Rule, if leave to appeal is necessary— (a) an application for leave to appeal shall be made within 28 days after the day of the order of the tribunal; (b) an application for leave to appeal shall be made by summons supported by affidavit and otherwise under and in accordance with Order 65 of Chapter I; (c) the application is taken to be made when the summons is filed; (d) as soon as practicable after filing the summons, the applicant shall deliver a sealed copy of the summons to the registrar or other proper officer of the tribunal. 4.17 Notice of appeal (1) A notice of appeal under this Part shall— (a) be in writing signed by the appellant or the appellant's solicitor; (b) set out— (i) the order of the tribunal; (ii) whether the appeal is from the whole or part only of the order and, if so, what part; (iii) if the appeal is brought by leave, when leave was given and by whom; (iv) the question of law, if any, upon which the appeal is brought or which is r. 4.16 -- 25 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 18 involved in the order, as the case requires; (v) concisely the grounds of appeal; and (c) at its end, name all the persons on whom it is proposed to serve the notice of appeal. (2) As soon as practicable after filing the notice of appeal, the appellant shall— (a) deliver a copy of the notice to the registrar or other proper officer of the tribunal; and (b) unless the Court of Appeal or a Judge of Appeal otherwise orders, serve a copy of the notice on all persons directly affected by the appeal. (3) As soon as practicable after serving the notice of appeal the appellant shall file a list signed by or on behalf of the appellant of the persons upon whom the notice has been served. 4.18 Application of Order 64 of Chapter I (1) Except as otherwise provided by any Act and by this or any other Rule, Order 64 of Chapter I shall apply to an appeal under this Part. (2) Order 64 shall apply as if in Order 64 a reference to the court of first instance were a reference to the tribunal. (3) Rules 64.02, 64.03, 64.04, 64.05 and 64.07 shall not apply to the appeal. (4) Rule 64.08 shall apply to the appeal as if the time fixed by paragraph (1) of that Rule were 30 days after the filing of the notice of appeal. (5) Order 64 shall apply to the appeal with any other necessary modifications. r. 4.18 -- 26 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 19 4.19 Exercise of jurisdiction and powers The jurisdiction and powers of the Court of Appeal under Order 64 as applied in relation to an appeal under this Part may be exercised by a single Judge of Appeal or by two Judges of Appeal, as the case may be, in accordance with Rules 64.26 and 64.27. ORDER 5 CASE STATED BY A TRIBUNAL 5.01 Application This Order applies where by any Act provision is made for a question of law to be reserved in the form of a special case or case stated for the opinion of the Court by a person or body other than a court. 5.02 Definitions In this Order— "chairman" means— (a) in the case of a body which may reserve a question of law, the presiding member of that body; (b) in the case where a person alone may reserve a question of law, that person; "recording officer" means the registrar, secretary or other person who performs the duties of a registrar for the tribunal; "special case" includes case stated; "tribunal" means the person who or body which may reserve a question of law. r. 4.19 -- 27 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 20 5.03 Preparation of draft (1) A tribunal which intends to reserve a question of law may direct a party— (a) to prepare a draft of the special case; (b) to deliver the draft to the other party within 21 days or such other time as the tribunal directs. (2) The draft of the special case shall— (a) state the question of law for the opinion of the Court and the facts necessary to enable the Court to give proper consideration to that question; (b) list all documents referred to in the special case; (c) be divided into paragraphs numbered consecutively; (d) where the question of law cannot be reserved without the consent of a specified person, state whether that person has consented. 5.04 Approved or altered draft (1) Within 14 days after receiving the draft or such other time as the tribunal directs the other party shall return the draft either approved or altered to the party who prepared the draft. (2) If the draft is approved or the alterations are accepted, the party who prepared the draft shall prepare a sufficient number of copies of the draft. 5.05 Settling of the draft (1) If the draft is not returned within the time allowed or the parties cannot agree within 7 days of its return on the form of the draft, the party who prepared the draft shall forward it to the chairman without delay. r. 5.03 -- 28 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 21 (2) Upon receiving the draft the chairman may hear the parties or any of them or their counsel or solicitors as the chairman thinks fit and shall settle the draft and return it to the party who prepared the draft and that party shall prepare a sufficient number of copies of the settled draft. 5.06 Delivery to recording officer (1) Within 7 days after the draft has been agreed or settled all copies, one of which shall be signed by the parties, shall be delivered to the recording officer. (2) The recording officer shall submit the signed copy to the chairman for signature and that copy, if and when signed by the chairman, shall be the special case. 5.07 Delivery of special case and certification of copies The recording officer shall— (a) certify all copies of the special case; (b) retain one copy as a record for the tribunal; (c) deliver the special case to the Prothonotary; (d) deliver to the Prothonotary one copy of the special case or, if the question of law is reserved for the opinion of the Court of Appeal, three copies; (e) deliver one copy to each party; (f) deliver any remaining copies to the party who prepared the copies. 5.08 Reference to documents r. 5.06 r. 5.08 -- 29 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 22 Upon the hearing of the special case, the Court or a party may refer to the whole contents of any document referred to in the special case. 5.09 Copies of documents If the question of law is reserved for the opinion of the Court of Appeal, the Registrar of the Court of Appeal shall direct a party to provide for the use of the Court of Appeal and for any other party a sufficient number of copies of a document or part of a document to which the party proposes to refer at the hearing. ORDER 6 REFERENCE BY A TRIBUNAL OF A QUESTION OF LAW 6.01 Application This Order applies where by any Act provision is made for a question of law to be referred to the Court by a person or body other than a court. 6.02 Procedure on reference A question of law shall be referred to the Court in accordance with Order 5 which shall apply to the reference as if— (a) reserving a question of law in the form of a special case or case stated meant referring a question of law to the Court; (b) "the special case" meant the reference— and with such further or other modifications as may be necessary. ORDER 7 -- 30 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 23 VICTORIAN TAXATION APPEALS PART 1—GENERAL 7.01 Definitions In this Order— "the Commissioner" means the maker of a decision upon an objection, other than the Victorian Civil and Administrative Tribunal; "objection" means an objection made in writing under any Act to an assessment, decision or determination in respect of liability for any tax, duty, levy, fee, charge or other impost; "objector" means the maker of an objection; "the Tribunal" means the Victorian Civil and Administrative Tribunal. 7.02 Application (1) Subject to paragraph (2), this Order applies to a proceeding in the Trial Division of the Court— (a) following a decision of the Commissioner upon an objection when the objector requests that the objection be treated as an appeal to the Court; (b) by way of appeal on a question of law (including the application for leave to appeal) from an order of the Tribunal upon an objection; (c) by way of referral by the Tribunal of a question of law arising in the review by the Tribunal of a decision of the Commissioner on an objection. (2) This Order does not apply to a proceeding in the the Trial Division to which Order 8 applies or to a proceeding in the Court of Appeal. r. 7.01 -- 31 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 24 (3) A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(b) or (c) is to be conducted in accordance with Order 4 or 6, as the case requires. 7.03 Procedure (1) Rules 7.04 to 7.07 apply to a proceeding described in Rule 7.02(1)(a). (2) Subject to Rule 7.04, Order 4, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7.02(1)(b). (3) Subject to Rule 7.04, Order 6, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 7.02(1)(c). 7.04 Interlocutory applications in Trial Division (1) In a proceeding to which this Order applies, an interlocutory application shall be made by summons to a Judge. (2) The applicant shall comply with Rule 46.05(1) of Chapter I not later than seven days before the day for hearing named in the summons. (3) If a Judge gives directions with respect to affidavits, no affidavit in respect of which the directions have not been complied with shall be used without leave of a Judge. PART 2—APPEALS FROM THE COMMISSIONER 7.05 Setting down (1) The Commissioner shall file in the Court the objection which an objector has requested be treated as an appeal to the Court. (2) When the objection is filed, the objection is set down as an appeal. r. 7.03 -- 32 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 25 (3) Upon the setting down of the appeal the Prothonotary shall notify the objector in writing that the appeal has been set down. 7.06 Relevant documents Within seven days after the day on which the appeal is set down the Commissioner shall file in the Court a copy of— (a) the assessment, order, decision or determination to which the objection was made; (b) the notice given to the objector of the decision of the Commissioner upon the objection; (c) the request to treat the objection as an appeal; and (d) any other documents in the Commissioner's possession or control which are necessary for the hearing and determination of the appeal. 7.07 Affidavit and directions Within 14 days after receiving the notice given under Rule 7.05(3) the objector shall— (a) file in the Court and serve on the Commissioner an affidavit setting out the acts, facts, matters and circumstances relating to— (i) the assessment, order, decision or determination to which the objection was made; (ii) the ground or grounds upon which the objector relies; (b) apply for directions. r. 7.06 -- 33 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 26 ORDER 8 VALUATION OF LAND PART 1—GENERAL 8.01 Definitions In this Order— "the Judge" means the Judge in charge of the List; "the List" means the Valuation, Compensation and Planning List referred to in Rule 8.03. 8.02 Application of Order (1) This Order applies to any proceeding in the Trial Division of the Court— (a) under Division 4 of Part III of the Valuation of Land Act 1960; (b) under Part 10 of the Land Acquisition and Compensation Act 1986 or to which the procedure under Part 10 applies; (c) by way of appeal on a question of law (including the application for leave to appeal) from the land valuation list or the planning list of the administrative division of the Victorian Civil and Administrative Tribunal; (d) by way of referral from the land valuation list or the planning list of the administrative division of the Victorian Civil and Administrative Tribunal of a question of law; (e) which has been entered in the List by order of the Judge under Rule 8.03(2)— r. 8.01 -- 34 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 27 and in respect of which there is no order in force under Rule 8.03(3). (2) This Order does not apply to a proceeding in the Court of Appeal. (3) A proceeding in the Court of Appeal which would otherwise be within paragraph (1)(c) or (d) is to be conducted in accordance with Order 4 or 6, as the case requires. 8.03 List (1) A list of proceedings to which this Order applies shall be maintained by the Prothonotary and that list shall be known as the Valuation, Compensation and Planning List. (2) At any time, upon being satisfied that a proceeding in the Trial Division which is not in the List— (a) raises a question relating to the valuation of land or compensation for resumption of land; or (b) raises a question relating to land use or environment protection— and that the proceeding may be conveniently dealt with in the List, the Judge may order that that proceeding be entered in the List. (3) The Judge may at any time order that a proceeding be removed from the List. 8.04 Judge in Charge (1) A Judge nominated by the Chief Justice shall be in charge of the List. (2) The Judge shall have control of the proceedings in the List, and, subject to any directions of the Judge and to paragraph (3), all interlocutory r. 8.03 -- 35 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 28 applications in a proceeding in the List shall be made to the Judge. (3) The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge if the Judge so requests or if in special circumstances that other Judge thinks fit to exercise them. 8.05 Directions (1) An applicant for directions under this Order shall comply with Rule 46.05(1) of Chapter I not later than seven days before the day for hearing named in the summons for directions. (2) The Judge may at any time, whether on the hearing of a summons for directions or otherwise— (a) direct that each party furnish to the other— (i) the names of the valuers whose evidence that party proposes to use; (ii) the amount of the valuation placed by each valuer on the subject land; (iii) particulars of any comparable sales on which the party proposes to rely; (b) give directions with respect to the filing and serving of affidavits and any other directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination. (3) Unless the Judge otherwise orders, no material in respect of which there has been a failure to comply with a direction under paragraph (2) shall be adduced in evidence. r. 8.05 -- 36 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 29 8.06 Application of Orders 4 and 6 (1) Subject to Rules 8.04 and 8.05, Order 4, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 8.02(1)(c). (2) Subject to Rules 8.04 and 8.05, Order 6, so far as applicable to a proceeding in the Trial Division, applies to a proceeding described in Rule 8.02(1)(d). PART 2—VALUATION OF LAND ACT 1960 8.07 Definitions In this Part— "rating authority" has the same meaning given in section 2(1) of the Act; "the Act" means the Valuation of Land Act 1960. 8.08 Application of Part 2 This Part applies to a proceeding in the Trial Division of the Court under Division 4 of Part III of the Act. 8.09 Section 23(3) An application under section 23(3) of the Act shall be made by summons supported by affidavit. 8.10 Setting Down (1) A rating authority shall file in the Court a copy of any objection— (a) which the rating authority has been duly required to treat as an appeal to the Court; (b) which the rating authority opts under section 23(2) of the Act to treat as an appeal to the Court; r. 8.06 -- 37 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 30 (c) in respect of which the Court grants an application under section 23(3) of the Act. (2) The copy shall be filed within 14 days after the rating authority has been so required or so opts or the application has been granted, as the case requires. (3) When the copy is filed, the objection is set down as an appeal. (4) Upon the setting down of the appeal the Prothonotary shall notify the objector in writing that the appeal has been set down. 8.11 Rating authority to file documents Within seven days after the date on which the appeal is set down the rating authority shall file in the Court a copy of— (a) the assessment, order, decision or determination to which the objection was made; (b) the notice given to the objector of the decision or determination, if the objector is dissatisfied with a decision or determination of the Commissioner of State Revenue, valuer or valuer-general upon the objection; (c) the notice requiring that the objection be treated as an appeal and any request made to the objector under section 23(2)(b) of the Act; (d) any other documents in its possession or control which are necessary for the hearing and determination of the appeal. 8.12 Affidavit and directions Within 14 days after receiving the notice given under Rule 8.10(4) the appellant shall— r. 8.11 -- 38 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 31 (a) file in the Court and serve on the rating authority an affidavit setting out the acts, facts, matters and circumstances relating to— (i) the assessment, order, decision or determination to which the objection was made; (ii) the failure relied upon, if the appellant alleges that— (A) two months have passed since the objection was lodged with the rating authority and the valuer for the rating authority has not determined the objection or given notice to the appellant under section 21(3)(b)(ii) of the Act; or (B) two months have passed since the valuer for the rating authority gave notice to the appellant under section 21(3)(b)(ii) and the valuer- general has not determined the objection; (iii) the grounds upon which the appellant relies, being grounds of the objection or any other grounds set out in the notice to the rating authority under section 22(1) of the Act; (b) apply on summons for directions. PART 3—LAND ACQUISITION AND COMPENSATION ACT 1986 8.13 Definitions In this Part— r. 8.13 -- 39 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 32 "the Act" means the Land Acquisition and Compensation Act 1986; "the Authority" has the meaning given in section 3(1) of the Act. 8.14 Application of Part 3 This Part applies to a proceeding in the Trial Division of the Court under Part 10 of the Act or to which the procedure under Part 10 applies. 8.15 Section 81(1)(c) An application under section 81(1)(c) of the Act shall be made by summons supported by affidavit. 8.16 Filing of notice of referral (1) A notice of referral to the Court of a disputed claim under section 80 of the Act shall be filed in the Court and served within seven days after filing. (2) When the notice of referral is filed, the disputed claim is set down. (3) Upon the setting down of the disputed claim the Prothonotary shall notify the other party in writing that the disputed claim has been set down. 8.17 Directions Within 14 days after serving a notice of referral the party serving the notice shall apply on summons for directions. ORDER 9 COMMERCIAL ARBITRATION RULES 9.01 Definition In this Order— r. 8.14 -- 40 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 33 "the Act" means the Commercial Arbitration Act 1984. 9.02 Application of Order This Order applies— (a) to any arbitration in respect of which the Court has jurisdiction under the Act; and (b) to any proceeding in the Court under the Act. 9.03 Jurisdiction (1) A proceeding in the Court under the Act shall be commenced by originating motion. (2) A Master shall have jurisdiction under the Act except under sections 38 to 45. 9.04 Enforcement of award (1) Unless the Court otherwise orders, an application for leave under section 33(1) of the Act to enforce an award as a judgment or order of the Court shall be supported by affidavit and may be made without notice to any person. (2) An affidavit referred to in paragraph (1) shall— (a) exhibit the arbitration agreement and the award or, in either case, a copy; (b) state the extent to which the award has not been complied with at the date the application is made; (c) state the usual or last known place of residence or business of the person against whom it is sought to enforce the award or, when that person is a corporation, its last known registered office. (3) If leave is given, any party to the award may enter judgment in terms of the award. r. 9.02 -- 41 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 34 9.05 Indorsement and service of Order An order of the Court giving leave to enforce an award shall— (a) be indorsed with a statement that the person on whom the order is served may apply within 14 days after service of the order (or, if the order is to be served out of Victoria, within such time as the Court orders) to set aside the order and until the expiration of that period or the determination of the application to set the order aside, the award cannot be enforced; (b) be served on the person against whom it is sought to enforce the award. 9.06 Appeal under section 38 An appeal under section 38 of the Act shall be brought in accordance with Order 4. 9.07 Application under section 39(1) In respect of an application under section 39(1) of the Act to determine a question of law arising in the course of an arbitration, the originating motion shall be filed and served within 14 days after the arbitrator or umpire has consented to the making of the application or the parties have so consented. 9.08 Application under section 42 or 43 In respect of an application— (a) to set aside an award under section 42 of the Act; or (b) to remit an award under section 43 of the Act— r. 9.05 -- 42 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 35 the originating motion shall be filed and served within 42 days after the award is made. 9.09 Offer of compromise A party to an arbitration may serve on any other party an offer of compromise of a claim the subject of the arbitration on the terms specified in the offer. 9.10 Form of offer An offer of compromise shall be in writing and contain a statement to the effect that is served for the purpose of section 34 of the Act. 9.11 Time for making, accepting, payment under etc. offer (1) An offer of compromise may be served at any time before the determination of all questions of liability and the relief to be granted in respect of the claim to which the offer relates. (2) A party may serve more than one offer of compromise. (3) An offer of compromise may be expressed to be limited as to the time the offer is open to be accepted after service on the party to whom it is made, but the time expressed shall not be less than 14 days after such service. (4) A party on whom an offer of compromise is served shall within three days after service serve a written acknowledgment of service on the party serving the offer. (5) A party on whom an offer of compromise is served may accept the offer by serving notice of acceptance in writing on the party who made the offer before— (a) the expiration of the time specified in accordance with paragraph (3) or, if no time r. 9.09 -- 43 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 36 is specified, the expiration of 14 days after service of the offer; or (b) the determination of all questions of liability and the relief to be granted in respect of the claim to which the offer relates— whichever event is the sooner. (6) An offer of compromise shall not be withdrawn during the time it is open to be accepted, unless the Court otherwise orders. (7) An offer of compromise is open to be accepted within the period referred to in paragraph (5) notwithstanding that during that period the party on whom the offer is served makes an offer of compromise, to the party who served the offer of compromise, whether or not the offer made by the party served is made in accordance with this Order. (8) An offer of compromise providing for payment of a sum of money to a plaintiff shall, unless it otherwise provides, be taken to be an offer providing for payment of that sum within 14 days after acceptance of the offer. (9) An application to the Court under paragraph (6) for leave to withdraw an offer shall be made by originating motion in Form 5C of Chapter I. 9.12 Effect of offer An offer of compromise made in accordance with this Order shall be taken to be an offer of compromise made without prejudice, unless the offer otherwise provides. 9.13 Disclosure of offer (1) No statement of the fact that an offer of compromise has been made shall be contained in r. 9.12 -- 44 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 37 any pleading, affidavit or other document in the arbitration. (2) Where an offer of compromise has not been accepted, no communication with respect to the offer shall be made to the arbitrator or umpire until after the determination of all questions of liability and the relief to be granted in respect of the claim to which the offer relates. (3) Paragraphs (1) and (2) shall not apply where an offer of compromise provides that the offer is not made without prejudice. 9.14 Failure to comply with accepted offer (1) Where a party to an accepted offer of compromise fails to comply with the terms of the offer, then, unless for special cause the Court shall otherwise order, the other party shall be entitled, as he may elect, to— (a) judgment in the terms of the accepted offer; or (b) where the party in default is claimant, an order that the arbitration be forever stayed, and where the party in default is respondent to the claim, an order declaring the compromise constituted by the acceptance of the offer to be of no effect and that the claimant be at liberty to proceed with the arbitration. (2) An application for judgment or an order under paragraph (1) shall be made to the Court by originating motion. 9.15 Costs where offer not accepted In any exercise of discretion as to costs the arbitrator or umpire shall consider whether the party serving an offer of compromise was at all r. 9.14 -- 45 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 38 material times willing and able to carry out his or her part of what was proposed in the offer. 9.16 Hearing on costs In arbitration proceedings the arbitrator shall not make a final award with respect to costs until the parties have had an opportunity to be heard on the question of the costs of the arbitration. ORDER 10 SERVICE AND EXECUTION OF PROCESS RULES 10.01 Definitions In this Order— "the Act" means the Service and Execution of Process Act 1992 of the Commonwealth as amended and in force for the time being; each of the expressions— "appropriate court" "court of rendition" "place of rendition" has the meaning ascribed by Part 6 of the Act. 10.02 How application made An application under section 71, 72 or 86 of the Act shall be made by originating motion in Form 5C of Chapter I. 10.03 Enforcement of judgment A person who seeks to enforce a judgment registered under the Act shall before taking any step under the Act or Chapter I for such enforcement file an affidavit stating that the judgment is capable of being enforced in or by the r. 9.16 -- 46 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 39 court of rendition or a court in the place of rendition and the extent to which it is so capable. 10.04 Fees (1) The fees to be allowed in relation to the service under the Act of the process of a court in Victoria shall be calculated on the same basis as fees allowable in the appropriate court for service of process at the place where the process was served. (2) The same fees shall be paid in relation to the enforcement under the Act by a court in Victoria of the process or judgment of a court of another part of Australia as are charged for the like enforcement of the process or judgment of the Victorian court, together with the fees set out in the Schedule. 10.05 Costs The same costs shall be allowed in relation to the enforcement of a judgment registered under the Act in a court in Victoria as are allowed upon the enforcement of a like judgment of the Victorian Court. SCHEDULE $ Lodgement of sealed copy judgment for registration 60.00 If registered in the County Court 60.00 If registered in any other court 60.00 ORDER 11 REGISTRATION OF JUDGMENTS PART 1—FOREIGN JUDGMENTS ACT 1962 r. 10.04 -- 47 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 40 11.01 Definitions In this Part— "original Court" has the same meaning as in section 3 of the Act; "the Act" means the Foreign Judgments Act 1962. 11.02 Application of Order (1) This Part applies to any proceeding in the Court under the Act. (2) This Part has effect subject to any provisions contained in Orders in Council made under section 4 of the Act as are declared by any such Part to be necessary for giving effect to any agreement made by or on behalf of the Government of Victoria in relation to matters for which provision is made by this Order. 11.03 Application under section 5 by originating motion (1) An application under section 5 of the Act for the registration of a judgment to which Part II of the Act applies may be made without notice to any person. (2) The application shall be by originating motion and shall be supported by affidavit. 11.04 Affidavit (1) An affidavit under Rule 11.03 shall state to the best of the information and belief of the deponent— (a) that the plaintiff is entitled to enforce the judgment; (b) that the judgment is final and conclusive between the parties; (c) that there is payable under the judgment— r. 11.02 -- 48 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 41 (i) a sum of money, not being (except as referred to in paragraph (ii)) a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; or (ii) a sum of money payable in respect of a recoverable tax; (d) that at the date of the application the judgment has not been satisfied or, if the judgment has been satisfied in part, the amount in respect of which it remains unsatisfied; (e) that at the date of the application the judgment can be enforced by execution in the country of the original court; (f) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 7 of the Act; (g) the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of the application; (h) where the sum payable under the judgment is expressed in a currency other than the currency of the Commonwealth, the amount which that sum represents in the currency of the Commonwealth calculated at the rate of exchange prevailing at the date of the judgment; (i) where the judgment is in respect of different matters and only some of the provisions of the judgment could, if contained in separate judgments, have been registered, the provisions in respect of which it is sought to register the judgment; r. 11.04 -- 49 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 42 (j) the full name, title, occupation and the usual or last known place of residence or of business of the judgment creditor and of the judgment debtor. (2) The affidavit shall exhibit— (a) a copy of the judgment of the original court certified as such by the proper officer of the court and authenticated by its seal; and (b) where the judgment is not in the English language, a translation of the judgment certified by a notary public or authenticated by affidavit. (3) The affidavit shall be accompanied by such other evidence in respect of the matters referred to in paragraph (1)(e) and (g) as may be required having regard to the provisions of the Order in Council extending the Act to the country of the original court. 11.05 Security for costs may be ordered (1) Unless any relevant Order in Council otherwise provides, the Court may order that a judgment creditor give security for the costs of the application and of any proceeding which may thereafter be brought to set aside the registration. (2) If such an order is made, the registration is stayed until the security is given. 11.06 Order on application (1) An order for registration of a judgment— (a) shall state the period within which an application to set aside the registration may be made; (b) shall state that the judgment will not be enforced until after the expiration of the period described in paragraph (a); r. 11.05 -- 50 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 43 (c) need not be served on the judgment debtor. (2) The period within which an application may be made to set aside the registration may be extended by the Court on the application of a party made before or after the expiration of the period or any extended period. 11.07 Notice of registration (1) Notice in writing of the registration of a judgment shall be served on the judgment debtor whether within the jurisdiction or out of the jurisdiction. (2) Unless the Court otherwise orders, service shall be personal service. (3) The notice shall state— (a) full particulars of the judgment registered and the order for registration; (b) the name and address of the judgment creditor or the judgment creditor's solicitor or agent on whom and at which any process issued by the judgment debtor may be served; (c) that the judgment debtor may apply on the grounds set out in the Act to have the judgment set aside; (d) within what time from the date of service of the notice, an application to set aside may be made; (e) that the judgment debtor may apply within that time to have that time extended. 11.08 Application to set aside (1) An application to set aside the registration of a judgment shall be made by summons in the proceeding in which the judgment was registered. r. 11.07 -- 51 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 44 (2) The summons shall set out the grounds of the application and shall be supported by affidavit. (3) The summons and any affidavit in support shall be served on the person who procured registration of the judgment. 11.09 Enforcement of judgment A registered judgment may not be enforced until— (a) the period prescribed under Rule 11.06(1)(a), or any extended period, has expired; (b) the determination by the Court of any application to set aside the registration of the judgment; (c) there has been filed in the Court— (i) an affidavit of service of the notice of registration; (ii) a copy of the notice of registration; and (d) any order of the Court in relation to the judgment has been authenticated and filed. 11.10 Certified copy of Victorian judgment (1) An application under section 12 of the Act may be made without notice to any person. (2) An application shall be made in the proceeding in which the judgment of the Court was obtained. (3) The application shall be made by filing with the Court a draft of the certificate provided for by Rule 11.11(c) with an affidavit deposing to such information as will enable the certificate to be granted. 11.11 Certificates r. 11.09 -- 52 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 45 If an application for a certified copy of a judgment is granted, the copy of the judgment issued shall— (a) be sealed with the seal of the Court; (b) bear a certificate by the Court that— (i) the copy is a true copy; (ii) the copy is issued in accordance with section 12 of the Act; (c) be accompanied by a certificate by the Court stating— (i) that the proceeding is at an end except for enforcement of the judgment; (ii) the claim or claims in respect of which the judgment was given; (iii) the grounds upon which the judgment was based; (iv) the rate at which the judgment carries interest; (v) such other matters as the Court considers necessary or desirable. 11.12 Master An application under the Act shall be made to a Master. PART 2—FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH 11.13 Definition In this Part— "the Act" means the Foreign Judgments Act 1991 of the Commonwealth. r. 11.12 -- 53 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 46 11.14 Application of Part This Part applies to any proceeding in the Court under the Act. 11.15 Application under section 6 by originating motion (1) An application under section 6 of the Act for the registration of a judgment to which Part 2 of the Act applies may be made without notice to any person. (2) The application shall be by originating motion and shall be supported by affidavit. 11.16 Affidavit (1) An affidavit under Rule 11.15 shall state to the best of the information and belief of the deponent— (a) that the plaintiff is entitled to enforce the judgment; (b) that the judgment is final and conclusive between the parties; (c) facts demonstrating that the Court is the appropriate court under section 6(1) of the Act; (d) that at the date of the application the judgment has not been satisfied or, if the judgment has been satisfied in part, the amount in respect of which it remains unsatisfied; (e) that at the date of the application the judgment can be enforced by execution in the country of the original court; r. 11.15 -- 54 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 47 (f) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 7 of the Act; (g) the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of the application; (h) where the sum payable under the judgment is expressed in a currency other than Australian currency and the judgment creditor has not stated that he wishes the judgment to be registered in that other currency, the amount which that sum represents in Australian currency calculated at the rate of exchange prevailing on the day of the application; (i) where the judgment is in respect of different matters and only some of the provisions of the judgment could, if contained in separate judgments, have been registered, the provisions in respect of which it is sought to register the judgment; (j) the full name, title, occupation and the usual or last known place of residence or of business of the judgment creditor and of the judgment debtor. (2) The affidavit shall exhibit— (a) a copy of the judgment of the original court certified as such by the proper officer of the court and authenticated by its seal; and (b) where the judgment is not in the English language, a translation of the judgment certified by a notary public or authenticated by affidavit. (3) The affidavit shall be accompanied by such other evidence in respect of the matters referred to in -- 55 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 48 paragraph (1)(e) and (g) as may be required having regard to the provisions of any regulations made under the Act extending the Act to the country of the original court. 11.17 Security for costs may be ordered The Court may order that a person applying for registration of a judgment give security for costs. 11.18 Order on application (1) An order for registration of a judgment— (a) shall state the period within which an application to set aside the registration may be made; (b) shall state that the judgment will not be enforced until after the expiration of the period described in paragraph (a) or any extension of that period under paragraph (2); (c) need not be served on the judgment debtor. (2) The period within which an application may be made to set aside the registration may be extended by the Court on the application of a party made before or after the expiration of the period of any extended period. 11.19 Notice of registration (1) Notice in writing of the registration of a judgment shall be served on the judgment debtor whether within the jurisdiction or out of the jurisdiction. (2) Unless the Court otherwise orders, service shall be personal service. (3) The notice shall state— (a) full particulars of the judgment registered and the order for registration; r. 11.17 r. 11.18 -- 56 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 49 (b) the name and address of the judgment creditor or the judgment creditor's solicitor or agent on whom and at which any process issued by the judgment debtor may be served; (c) that the judgment debtor may apply on the grounds set out in the Act to have the judgment set aside; (d) within what time from the date of service of the notice, an application to set aside may be made; (e) that the judgment debtor may apply to have that time extended. 11.20 Application to set aside (1) An application to set aside the registration of a judgment shall be made by summons in the proceeding in which the judgment was registered. (2) The summons shall set out the grounds of the application and shall be supported by affidavit. (3) The summons and any affidavit in support shall be served on the person who procured registration of the judgment. 11.21 Enforcement of judgment (1) A registered judgment may not be enforced until— (a) the period prescribed under Rule 11.18(1)(a), or any extended period, has expired; (b) the determination by the Court of any application to set aside the registration of the judgment; (c) there has been filed in the Court— (i) an affidavit of service of the notice of registration; r. 11.20 -- 57 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 50 (ii) a copy of the notice of registration; and (d) any order of the Court in relation to the judgment has been authenticated and filed. 11.22 Certified copy of Victorian judgment (1) An application under section 15 of the Act may be made without notice to any person. (2) An application shall be made in the proceeding in which the judgment of the Court was obtained. (3) An application shall be made by filing a draft of the certificate provided for by Rule 11.23(c) with an affidavit deposing to such information as will enable the certificate to be granted. 11.23 Certificates If an application for a certified copy of a judgment is granted, the copy of the judgment issued shall— (a) be sealed with the seal of the Court; (b) bear a certificate by the Prothonotary that— (i) the copy is a true copy; (ii) the copy is issued in accordance with section 15 of the Act; (c) be accompanied by a certificate by the Prothonotary stating— (i) that the proceeding is at an end except for enforcement of the judgment; (ii) the claim or claims in respect of which the judgment was given; (iii) the grounds upon which the judgment was based; (iv) the rate at which the judgment carries interest; r. 11.23 -- 58 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 51 (v) such other matters as the Prothonotary considers necessary or desirable. 11.24 Master An application other than under section 15 of the Act shall be made to a Master. ORDER 12 JURY SERVICE APPEALS 12.01 Definitions In this Order— "appellant" means any person who is aggrieved by a determination of the Sheriff made under section 11 of the Act; "the Act" means the Juries Act 1967. 12.02 Application This Order applies to any proceeding in the Court or the County Court under section 11 of the Act. 12.03 Appellant to give notice (1) Within 14 days of the date of service of the notice received under section 11(4) of the Act, the appellant shall deliver or send by post to the Sheriff a notice of appeal stating the reasons why the appellant is aggrieved by the Sheriff's determination. (2) If in the notice delivered under paragraph (1) the appellant fails to state reasons, the Sheriff shall send to the appellant a notice— (a) directing that the appellant within 14 days of the date of service of the notice deliver or r. 12.01 -- 59 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 52 send by post reasons in writing to the Sheriff; and (b) stating that if the appellant fails to do so the appeal will be taken to be abandoned. (3) If the appellant fails to deliver or send by post written reasons in accordance with the notice in paragraph (2) the appeal is abandoned. 12.04 Papers for Judge After receiving a notice of appeal and reasons the Sheriff shall without delay deliver all papers relating to the appeal— (a) in the case of an appellant on the jury list for the jury district of Melbourne, to a Judge nominated by the Chief Justice; or (b) in the case of an appellant on the jury list for any other jury district, to the Judge of the Court or the County Court who is then sitting or will be next sitting in the town to which the jury district relates. 12.05 Judge to consider papers (1) The Judge shall, after examining the papers either— (a) allow the appeal; or (b) set a date, time and place for hearing the appeal. (2) The Sheriff shall without delay notify the appellant of the Judge's determination under this Rule. 12.06 Hearing of appeal At the hearing of an appeal, the Judge— (a) shall hear the appellant; and r. 12.04 -- 60 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 53 (b) may permit the Sheriff to take part in the appeal; and (c) shall conduct the appeal in such manner as the interests of justice require. 12.07 If appellant does not appear If an appellant fails to appear personally or by barrister or solicitor, the Judge shall determine the appeal on the papers. 12.08 If appeal allowed If the Judge allows the appeal, the Sheriff shall give the appellant an amended notice under section 11(4) of the Act and record the appellant under section 11(7) in accordance with the Judge's determination. ORDER 13 CROSS-VESTING OF JURISDICTION RULES 13.01 Application This Order applies to a proceeding in the Court to which a cross-vesting law applies. 13.02 Definitions In this Order— "cross-vesting law" means any law of the Commonwealth or of a State or Territory (including the Act) relating to the cross- vesting of jurisdiction; "special federal matter" has the same meaning as in the Jurisdiction of Courts (Cross- vesting) Act 1987 of the Commonwealth; "the Act" means the Jurisdiction of Courts (Cross-vesting) Act 1987. r. 12.08 -- 61 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 54 13.03 Heading of documents The heading of an originating motion or summons by which application is made under a cross- vesting law, in addition to complying with Order 27 of Chapter I, shall state "In the matter of the Jurisdiction of Courts (Cross-vesting) Act 1987". 13.04 Application by Attorney-General If an application for the transfer of a proceeding is made by the Attorney-General of the Commonwealth or of a State or Territory, the Attorney-General does not, by reason of the application, become a party to the proceeding in respect of which the application is made. 13.05 Removal of proceeding If an order is made for the removal of a proceeding from a court or tribunal to the Court under section 8 of the Act, the Court may give any directions that could have been given by the court or tribunal in which the proceeding was pending. 13.06 Notice (1) A party to a proceeding proposing to invoke a jurisdiction arising under a provision of a cross- vesting law, or otherwise to rely on a provision of a cross-vesting law, shall— (a) file and serve a notice— (i) identifying the provision; (ii) identifying the claim in relation to which reliance is placed on the provision; (iii) stating the grounds on which reliance is placed on the provision; r. 13.04 -- 62 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 55 (b) seek directions as soon as practicable whether the proceeding should be transferred. (2) When a matter for determination in a proceeding is a special federal matter the notice shall— (a) identify the special federal matter; (b) state the grounds on which it is a special federal matter. 13.07 Procedure after transfer (1) When a proceeding is transferred by the Court under a cross-vesting law the Prothonotary shall send to the proper officer of the court to which the proceeding is transferred all documents filed and all orders made in the proceeding. (2) When a proceeding is transferred to the Court under a cross-vesting law the Prothonotary shall give it a number and title. (3) As soon as practicable after a proceeding is transferred to the Court under a cross-vesting law the party by whom the proceeding was commenced shall apply for directions. 13.08 Conduct of proceeding (1) If a party seeks to have a written law for another State or Territory applied under section 11(1)(b) of the Act in determining a right of action arising under that written law, that party shall file and serve a notice identifying the right of action and the written law. (2) If a party seeks to have rules of evidence and procedure, other than those of the Court, applied under section 11(1)(c) of the Act in dealing with a matter for determination in the proceeding, that party shall file and serve a notice stating the relevant rules that the party seeks to have applied. r. 13.07 -- 63 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 56 (3) A party required by paragraph (1) or (2) to file and serve a notice shall seek directions on the subject-matter of the notice before the proceeding is set down for trial. 13.09 Directions The Court may give directions in relation to a proceeding to which a cross-vesting law applies and may set aside or vary any direction given. 13.10 Applications made to a Judge The powers of the Court under a cross-vesting law and this Order shall be exercised by a Judge. ORDER 14 LEGAL EDUCATION AND ADMISSION TO PRACTISE 14.01 Definition In this Order— "the Act" means the Legal Practice Act 1996. 14.02 Appeal under Rule 56 An appeal to the Court under Rule 56 of the Rules of the Council of Legal Education 19932 shall be brought in accordance with Order 4, which, so far as applicable to a proceeding in the Trial Division, shall apply subject to those Rules and with any necessary modification. 14.03 Reference under section 341(3) (1) A reference by the Board of Examiners of a question to the Court under section 341(3) of the Act shall be by originating motion. (2) The originating motion shall name the Board as plaintiff and the applicant for admission as defendant. r. 13.10 -- 64 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 57 (3) The originating motion shall state the question for determination and the affidavit in support shall set out the acts, facts, matters and circumstances by reference to which the plaintiff seeks to have the question determined. (4) The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as practicable. (5) Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions. 14.04 Appeal under section 342(1) An appeal to the Court under section 342(1) of the Act shall be brought in accordance with Order 4, which, so far as applicable to a proceeding in the Trial Division, shall apply subject to section 342 and with any necessary modification. 14.05 Oaths—Forms 2–14A and 2–14B (1) A person applying to be admitted to legal practice in Victoria shall take the oath of allegiance and an oath of office. (2) The oath of allegiance may be in Form 2–14A and the oath of office may be in Form 2–14B. 14.06 Excuse (1) The Court may upon application excuse a person from taking the oath of allegiance. (2) The application shall be made by originating motion and heard no later than 30 days before the first day of the month in which application for admission to legal practice is to be sought. 14.07 Affidavit The application shall be supported by an affidavit of the applicant— r. 14.04 -- 65 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 58 (a) giving particulars of the eligibility of the applicant for admission to legal practice; and (b) stating the grounds of the application. 14.08 Service The originating motion and a copy of every affidavit in support shall be served on the secretary of the Board of Examiners. 14.09 If application granted If the application is granted, the applicant, not less than 14 days before the first day of the month in which application for admission to legal practice is sought, shall serve a copy of the order granting the application on the secretary of the Board of Examiners. 14.10 Admission to practise An application for admission to practise under section 6(1) of the Act shall be heard and determined by a Judge or such Judges of the Court, sitting in banc, as the Chief Justice may direct. ORDER 15 PROFESSIONAL PRACTICE 15.01 Definition In this Order— "the Act" means the Legal Practice Act 1996. 15.02 Appeal on a question of law An appeal on a question of law to the Court of Appeal under the Act shall be brought in accordance with Order 4, which, so far as applicable to a proceeding in the Court of Appeal, r. 14.09 -- 66 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 59 shall apply to the appeal subject to the Act and with any necessary modification. 15.03 Recommendation under section 160(1)(c)(iv) (1) If the Full Tribunal makes a recommendation to the Court under section 160(1)(c)(iv) of the Act that a practitioner's name be struck off the roll of practitioners, the party who commenced the proceeding in which the recommendation was made shall forthwith apply to the Court by originating motion for implementation of the recommendation. (2) The originating motion shall name the applicant as plaintiff and the practitioner as defendant. (3) The plaintiff shall file an affidavit in support setting out the acts, facts, matters and circumstances which led to the making of the recommendation and exhibiting— (a) a copy of the recommendation certified as correct by the registrar of the Tribunal; and (b) any reasons given by the Tribunal for the making of the recommendation. (4) The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as practicable. (5) Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions. (6) The Master shall refer the application under paragraph (1) to a Judge for hearing and determination. (7) If the practitioner named in the recommendation has appealed to the Court of Appeal from an order of the Full Tribunal in the proceeding in which the recommendation was made, the Judge may -- 67 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 60 reserve the application for the consideration of the Court of Appeal under section 17B of the Supreme Court Act 1986. 15.04 Reference under section 160(2)(b) (1) If the Full Tribunal makes an order cancelling a practitioner's practising certificate and refers the practitioner to the Court under section 160(2)(b), the party who commenced the proceeding in which the order was made shall forthwith apply to the Court by originating motion for it to determine whether the practitioner's name should be struck off the roll of practitioners. (2) The originating motion shall name the applicant as plaintiff and the practitioner as defendant. (3) The plaintiff shall file an affidavit setting out the acts, facts, matters and circumstances which led to the making of the order of cancellation and the reference and exhibiting— (a) a copy of the order and the reference certified as correct by the registrar of the Tribunal; and (b) any reasons given by the Tribunal for the making of the order. (4) The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as practicable. (5) Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions. (6) The Master shall refer the application under paragraph (1) to a Judge for hearing and determination. (7) If the practitioner whose practising certificate was cancelled has appealed to the Court of Appeal r. 15.04 r. 15.04 -- 68 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 61 from the order of the Tribunal, the Judge may reserve the application for the consideration of the Court of Appeal under section 17B of the Supreme Court Act 1986. ORDER 16 FAMILY PROVISION 16.01 Definitions In this Order— "Part IV" means Part IV of the Administration and Probate Act 1958; "personal representative" does not include an executor who has not proved; "Registrar" means the Registrar of Probates. 16.02 Application of Order This Order applies to any proceeding in the Court under Part IV. 16.03 Mode of application (1) An application under Part IV shall be made by originating motion and, in addition to complying with Rule 27.02(2) of Chapter I, shall be entitled "In the matter of the estate of [name of deceased], deceased". (2) Where the application is in respect of the estate of a person who died after the commencement of Part 7 of the Wills Act 1997 the affidavit in support of the application shall amongst other things state the acts, facts, matters and r. 16.01 -- 69 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 62 circumstances upon which the plaintiff relies to establish that the person on whose behalf the application is made is a person for whom the deceased had responsibility to make provision. 16.04 Parties to application (1) Each personal representative shall be a defendant unless he is a plaintiff. (2) If a plaintiff is the sole personal representative, the defendant shall be a person having a substantial interest in opposing the application. (3) No other person shall be a defendant to the application in the first instance. 16.05 Directions to be given No step shall be taken in the proceeding after appearance until directions have been given in accordance with Rule 16.06. 16.06 Summons for directions (1) Within 7 days after the time limited for appearance the plaintiff shall apply to the Court for directions. (2) If the plaintiff fails to apply, the defendant may apply for directions within 14 days after the time limited for appearance. 16.07 Directions On the application for directions the Court shall— (a) ascertain— (i) the nature of the relief which the plaintiff seeks; and (ii) the persons or classes of persons who would be affected by the grant of that relief— r. 16.05 -- 70 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 63 and for this purpose may require the plaintiff and defendant to supply such information as the Court thinks necessary; (b) direct that notice of the application be served on any person; (c) direct what persons shall be added as defendants; (d) direct what persons are to represent classes of defendants; (e) order that any defendant be authorised to defend on behalf of or for the benefit of all persons having the same or similar interest and that all persons so interested shall be bound by any order in the proceeding; (f) give such other directions as the Court thinks fit. 16.08 Failure to comply with directions If the plaintiff does not apply for directions or comply with any direction given, the Court may dismiss the application. 16.09 Production of probate On the trial of the proceeding the personal representative shall produce to the Court the probate of the will of the deceased or the letters of administration of the deceased's estate. 16.10 Procedure after Order for plaintiff (1) If an order is made in favour of a plaintiff, the Judge's or Master's Associate shall deliver the probate or letters of administration to the Prothonotary. (2) The Prothonotary shall deliver the probate or letters of administration to the Registrar together r. 16.08 -- 71 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 64 with 4 copies of the order authenticated in accordance with Order 60 of Chapter I. (3) The Registrar shall attach to the probate or letters of administration a copy of the order and shall— (a) deliver the probate or letters of administration to the personal representative or the personal representative's solicitor; and (b) deliver a copy of the order to the plaintiff or the plaintiff's solicitor. ORDER 17 COURT AUTHORISED WILLS 17.01 Definition In this Order— "the Act" means the Wills Act 1997. 17.02 Application of Order (1) This Order applies to applications under sections 20 and 21 of the Act. (2) This Order applies to a codicil in the same manner as it applies to a will. 17.03 Minors (1) An application under section 20 of the Act shall be made by originating motion supported by an affidavit. (2) The affidavit shall exhibit a draft of the will for which authorisation is sought and, if the affidavit is being made by a person other than the minor, shall account for the absence of an affidavit from the minor. r. 17.01 -- 72 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 65 (3) The affidavit shall state whether the application is made upon notice and, if so, to whom notice has been given or is proposed to be given. (4) The affidavit shall also state the acts, facts, matters and circumstances relied upon to satisfy the Court under section 20(5) of the Act. 17.04 Jurisdiction of Master under section 20 If there are funds in Court for the minor, the application under section 20 of the Act may be heard and determined by a Master. 17.05 Want of testamentary capacity (1) An application under section 21(2) of the Act for leave to make application for an order under section 21(1) shall be made by originating motion supported by an affidavit. (2) The affidavit shall state the acts, facts, matters and circumstances relied upon to satisfy the Court that— (a) the person on whose behalf the will is to be made or revoked does not have testamentary capacity; (b) the proposed will or revocation accurately reflects the likely intentions of the person, if he or she had testamentary capacity; (c) it is reasonable in all the circumstances for the Court, by order, to authorise the making of the will, or the revocation of the will, for the person. (3) Without limiting paragraph (2), the affidavit shall— (a) describe the general nature of the application to be made for an order under section 21(1) r. 17.05 -- 73 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 66 and give the reasons for making that application; (b) give a reasonable estimate, formed from any evidence available to the plaintiff (the nature of which shall be stated), of the size and character of the estate of the person on whose behalf the will is to be made or revoked; (c) exhibit the proposed will for which the plaintiff is seeking the Court's approval or a copy of the will which the plaintiff is seeking to have revoked, as the case may be; (d) set out any evidence available to the plaintiff of each of the matters referred to in paragraphs (d), (e), (f), (g), (h), (i) and (j) of section 28 of the Act if such matter is relevant to the application for an order under section 21(1) or, if not relevant, state why such matter is not relevant; and (e) set out any other evidence relevant to the application. (4) The affidavit shall state whether the application for leave is made upon notice and, if so, to whom notice has been given or is proposed to be given. (5) On the hearing of the application for leave, where revocation is sought, the original will shall be produced to the Court or its absence shall be explained by affidavit. 17.06 If leave granted If the Court grants leave under section 21(2) to make an application for an order under section 21(1), the Court may— r. 17.06 -- 74 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 67 (a) proceed forthwith to hear and determined the application; or (b) give directions in relation to the application. 17.07 Jurisdiction of Master under section 21 If there are funds in Court for the person who does not have testamentary capacity, an application under section 21, including an application for leave, may be heard and determined by a Master. ORDER 18 WORKERS COMPENSATION 18.01 Definitions In this Order— "employer" has the same meaning as in section 3 of the Act; "the Act" means the Workers Compensation Act 1958; "worker" has the same meaning as in section 3 of the Act. 18.02 Application of Order This Order is made for the purposes of section 66(1) of the Act. 18.03 Employer may join in proceeding (1) An employer who seeks a judgment under section 66(1)(a) of the Act shall file in the proceeding a notice in Form 2–18A. (2) Upon the filing of the notice the employer shall be taken to have joined in the proceeding and to be a party. r. 18.01 -- 75 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 68 (3) Unless the Court otherwise orders, the notice shall be filed and served on the other parties before the commencement of the trial of the proceeding. 18.04 When further payments made If further payments of compensation are made after a notice under Rule 18.03 has been filed, any party to the proceeding may before judgment is given in favour of the worker file and serve on each other party a notice or notices in Form 2–18B. 18.05 If payments are disputed (1) A worker who disputes the making of any of the payments alleged in a notice under Rule 18.03 or 18.04 shall file a notice in Form 2–18C. (2) The notice shall be served on the other parties without delay. (3) If a notice under paragraph (1) has been filed the Court shall determine what amount of compensation has been paid. 18.06 If payments are not disputed If a notice under Rule 18.05 has not been filed the employer need not attend the trial of the proceeding and the amount of the payments alleged by the employer shall be taken to be the amount of the compensation that has been paid. 18.07 Other party may seek reduction (1) A party to a proceeding who seeks to have the amount of any judgment in favour of a worker reduced under section 66(1)(b) of the Act by the amount of payments of compensation made by the employer shall file a notice in Form 2–18D. (2) Unless the Court otherwise orders, the notice shall be filed and served on the other parties before the commencement of the trial of the proceeding. r. 18.05 -- 76 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 69 18.08 When further payments made If further payments of compensation are made after a notice under Rule 18.07 has been filed, any party to the proceeding may before judgment is given in favour of the worker file and serve on each other party a notice or notices in Form 2–18E. 18.09 If payments are disputed (1) A worker who disputes the making of any of the payments alleged in a notice under Rule 18.07 or 18.08 shall file a notice in Form 2–18F. (2) The notice shall be served on the other parties without delay. (3) If a notice under paragraph (1) has been filed the Court shall determine what amount of compensation has been paid. 18.10 If payments are not disputed If a notice under Rule 18.09 has not been filed it shall not be necessary to prove the making of the payments of compensation and the amount of payments alleged shall be taken to be the amount of the compensation that has been paid. ORDER 19 WARDS OF COURT 19.01 Application of Order This Order applies to any application for an order that a minor be made a ward of Court. 19.02 Application r. 18.09 -- 77 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 70 (1) An application shall be by originating motion in Form 2–19A. (2) The application shall be taken to be made on the filing of the originating motion. 19.03 Notice by defendant A defendant who desires to defend an application need not file an appearance but shall file and serve a notice of address for service in Form 2–1A. 19.04 Evidence by affidavit Evidence shall be by affidavit, unless the Court otherwise orders. 19.05 Minor ceases to be ward of Court (1) If the application has not been determined or adjourned within 21 days of filing, the minor shall cease to be a ward of Court at the expiration of that period. (2) If the application has been adjourned within 21 days of filing, the minor shall continue to be a ward of Court until the application is determined. ORDER 20 COURT OF DISPUTED RETURNS PART 1—INTERPRETATION 20.01 Definitions In this Order— "Court" means the Court of Disputed Returns; "the Act" means The Constitution Act Amendment Act 1958. 20.02 Application of Order r. 19.04 -- 78 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 71 This Order applies to any proceeding in the Court under the Act. PART 2—PETITIONS 20.03 Chief Justice to nominate Judge (1) When a petition is filed under section 281 of the Act, the Chief Justice shall nominate in writing a Judge to hear and determine the petition and the Judge so nominated shall constitute the Court for that purpose. (2) The Prothonotary shall without delay give notice in writing of the nomination to every party to the petition. 20.04 Summons for directions (1) Within 10 days after receiving notice under Rule 20.03(2), the petitioner shall apply to the Court for directions. (2) The Court may give such directions as the Court thinks conducive to the effective, complete, prompt and economical determination of the proceeding. 20.05 Procedure on hearing Subject to any order of the Court the hearing of a petition shall be conducted as nearly as may be as if the proceeding were commenced by writ. PART 3—REFERENCES OF QUESTIONS 20.06 Chief Justice to nominate Judge (1) When a statement of a question is received under section 301 of the Act, the Chief Justice shall nominate in writing a Judge to hear and determine the question and the Judge so nominated shall constitute the Court for that purpose. r. 20.04 -- 79 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 72 (2) The Prothonotary shall without delay give notice in writing of the nomination to the President or the Speaker (as the case requires) and to the Attorney-General and the Chief Electoral Officer and to any member referred to in the question. 20.07 Summons for directions (1) Subject to any order of the Court, when giving notice under Rule 20.06(2) the Prothonotary shall give to the persons mentioned in Rule 20.06(2) (other than the President or the Speaker) notice of a time and place where the Court will give appropriate directions for the conduct of the proceeding. (2) The Court may give such directions as the Court thinks conducive to the effective, complete, prompt and economical determination of the proceeding. 20.08 Parliamentary papers to be evidence The proceedings papers reports or documents transmitted to the Court under section 301 of the Act shall, subject to any order of the Court, be received in evidence at the hearing without further proof and be evidence of the facts, matters and things therein referred to. 20.09 Procedure on hearing Subject to any order of the Court the hearing of a question shall be conducted as nearly as may be as if the proceeding were commenced by originating motion. ORDER 21 ALCOHOLICS AND DRUG-DEPENDENT PERSONS 21.01 Definition r. 20.08 -- 80 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 73 In this Order— "the Act" means the Alcoholics and Drug- dependent Persons Act 1968. 21.02 Application of Order This Order applies to any proceeding in the Court under section 11 or 12 of the Act. 21.03 Form of complaint A complaint under section 11(1) of the Act shall be in Form 2–21A. 21.04 Form of order An order under section 11(1) of the Act shall be in Form 2–21B. 21.05 Application for warrant An application for a warrant under section 11(3) of the Act shall be in writing. 21.06 Application for retention of person in assessment centre An application for an order under section 11(5) of the Act shall be in writing and may be made by the medical officer in charge of the assessment centre or the person who made the complaint under section 11(1) of the Act. 21.07 Evidence and procedure (1) The evidence in support of an application under section 11 of the Act shall be given by affidavit unless a Judge otherwise directs. (2) Any application under section 11 of the Act may be made without notice to any person but a Judge may adjourn an application and direct that notice of the application be given to any person. 21.08 Appeal against order to attend assessment centre r. 21.03 -- 81 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 74 (1) An appeal to the Court of Appeal against an order made on an application under section 11(1), (3) or (5) of the Act shall be brought in accordance with this Rule. (2) It shall not be necessary to prepare and file an appeal book. (3) The appellant shall serve a notice of appeal on— (a) the medical officer in charge of the assessment centre to which the order relates; and (b) the person who made the complaint. (4) If the appellant is not the person alleged to be an alcoholic or drug-dependent person, the appellant shall serve a notice of appeal on the person alleged to be the alcoholic or drug-dependent person. (5) The appellant shall within four days after service of a notice of appeal file with the Registrar of the Court of Appeal, for the use of the members of the Court of Appeal, four copies of the complaint or application, and of the affidavits or other papers in support of the complaint or application and of the notice of appeal. (6) The appellant shall, at the time of filing the documents referred to in paragraph (5), file an affidavit with copies for the use of the members of the Court of Appeal setting out the acts, facts, matters and circumstances relating to— (a) the making of the order from which the appeal is brought; and (b) the ground or grounds set out in the notice of appeal. r. 21.08 -- 82 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 75 (7) A copy of an affidavit filed under paragraph (6) shall be served on any other party without delay. (8) Any person on whom a notice of appeal is served may file an affidavit in reply (with copies for the use of the members of the Court of Appeal), which shall be served on any other party without delay. 21.09 Stay of proceedings Unless otherwise ordered, an appeal shall operate as a stay of execution of the order appealed from when Rule 21.08(5) is complied with. 21.10 Appeal against committal to treatment centre (1) Subject to paragraph (2), an appeal against an order for commitment under section 12(3) of the Act shall, where the order to attend an assessment centre was made by the Court, be brought so far as practicable in accordance with Rule 21.08. (2) The notice of appeal shall be served on— (a) the medical officer who made the order for commitment; or (b) the officer in charge of the treatment centre to which the appellant is committed. 21.11 Appeal under County Court Act An appeal to the Supreme Court under section 74 of the County Court Act 1958 against an order made on an application under section 11 of the Act or an appeal under section 12(3) of the Act against an order for commitment where the order to attend an assessment centre was made by a Judge of the County Court shall be brought so far as practicable in accordance with Rule 21.08. r. 21.09 -- 83 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 76 ORDER 22 CORONIAL INQUESTS 22.01 Application of Order This Order applies to an application under section 59 of the Coroners Act 1985. 22.02 Notice An applicant under section 59 shall on affidavit— (a) identify the persons who were given leave to appear at the inquest; and (b) state whether the application is made upon notice and, if so, to whom notice was given and when. __________________ r. 22.02 -- 84 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 77 FORMS Rule 1.07(b) FORM 2–1A NOTICE OF ADDRESS FOR SERVICE [Heading as in originating process] The address in Victoria for service of [full name of person or party] is: [If the person or party is legally represented] The name or firm and the business address within Victoria of the solicitor for [full name of person or party] is: Dated: [e.g. 15 June 19 ]. [signed] _______________ FORM 2–14A Rule 14.05(2) OATH OF ALLEGIANCE I swear by almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second by the grace of God Queen of Australia and Her other realms and territories Head of the Commonwealth. _______________ FORM 2–14B Rule 14.05(2) OATH OF OFFICE I swear by almighty God that I will well and honestly demean myself in the practice of my profession as a barrister and solicitor to the best of my knowledge and ability. __________________ Form 2–1A -- 85 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 78 FORM 2–18A Rule 18.03 NOTICE BY EMPLOYER SEEKING JUDGMENT IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant TO THE PLAINTIFF AND TO THE DEFENDANT TAKE NOTICE that under the Workers Compensation Act 1958, [name of Employer] has made payments of compensation set out in the Schedule to this application in respect of an injury suffered on [insert date] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding. AND TAKE NOTICE that under section 66(1)(a) of the Workers Compensation Act 1958, [name of Employer] seeks judgment for the amount of the payments of compensation and says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount. Dated: [e.g. 15 June 19 ] [Signed by Employer or Employer's Solicitor] FILED: [e.g. 15 June 19 ] [Schedule of payments to be attached] _______________ Form 2–18A -- 86 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 79 FORM 2–18B Rule 18.04 NOTICE OF FURTHER PAYMENTS IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant and E.F. Employer TO THE PLAINTIFF AND TO THE DEFENDANT TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Application of the Employer filed on [insert date], the Employer has made further payments of compensation set out in the Schedule. Dated: [e.g. 15 June 19 ] [Signed by party or party's Solicitor] FILED: [e.g. 15 June 19 ] [Schedule of further payments to be attached] _______________ Form 2–18B -- 87 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 80 FORM 2–18C Rule 18.05(1) NOTICE OF DISPUTE IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant and E.F. Employer TO THE DEFENDANT AND TO THE EMPLOYER TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made as alleged in this proceeding [give particulars of disputed payments] and requires that this dispute be settled by the Court at the trial of the proceeding. Dated: [e.g. 15 June 19 ] [Signed by Plaintiff or Plaintiff's Solicitor] FILED: [e.g. 15 June 19 ] _______________ Form 2–18C -- 88 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 81 FORM 2–18D Rule 18.07(1) NOTICE TO REDUCE PAYMENTS IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant To [party(ies) to be served] TAKE NOTICE that under the Workers Compensation Act 1958, [name of Employer] has made payments of compensation set out in the Schedule to this Notice in respect of any injury suffered on [insert date] in respect of which injury the Plaintiff seeks damages from the Defendant in this proceeding. AND TAKE NOTICE that under section 66(1)(b) of the Workers Compensation Act 1958 the [party giving notice] says that any judgment for damages obtained by the Plaintiff against the Defendant should be reduced by the corresponding amount. Dated: [e.g. 15 June 19 ] [Signed by party or party's Solicitor] FILED: [e.g. 15 June 19 ] [Schedule of payments to be attached] _______________ Form 2–18D -- 89 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 82 FORM 2–18E Rule 18.08 NOTICE OF FURTHER PAYMENTS IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant To [party(ies) to be served] TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Notice of the [party] filed on [insert date], the Employer has made the further payments of compensation set out in the Schedule. Dated: [e.g. 15 June 19 ] [Signed by party or party's Solicitor] FILED: [e.g. 15 June 19 ] [Schedule of further payments to be attached] _______________ Form 2–18E -- 90 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 83 FORM 2–18F Rule 18.09 NOTICE TO DISPUTE IN THE SUPREME COURT OF VICTORIA 19 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant To [party(ies) to be served] TAKE NOTICE that the Plaintiff disputes that the following payments of compensation have been made by the Employer as alleged in this proceeding [give particulars of disputed payments] and requires that this dispute be settled by the Court at the trial of the proceeding. Dated: [e.g. 15 June 19 ] [Signed by Plaintiff or Plaintiff's Solicitor] FILED: [e.g. 15 June 19 ] _______________ Form 2–18F -- 91 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 84 FORM 2–19A Rule 19.02(1) ORIGINATING MOTION (Wardship application) [heading as in Form 5A of Chapter I] TO THE DEFENDANT TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for an order that M.N. a minor be made a ward of the Court [and if other relief is claimed, state the relief]. ALSO TAKE NOTICE that the proceeding will be heard before the Judge in the Practice Court, Law Courts, William Street, Melbourne, on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. IF YOU INTEND TO DEFEND the proceeding— (a) you must file a notice which gives an address in Victoria at which documents in the proceeding may be served on you; and (b) you must attend before the Court at the time and place set out above. FILED: [e.g. 15 June 19 ] Prothonotary Page 2 1. This originating motion was filed— (a) by the plaintiff in person; (b) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor]; (c) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal]. 2. The address of the plaintiff is— 3. The address for the service of the plaintiff is— [Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address Form 2–19A -- 92 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 85 for service is stated in 2, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria.] 4. The address of the defendant is— _______________ Form 2–19A -- 93 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 86 FORM 2–21A Rule 21.03 COMPLAINT IN THE SUPREME COURT OF VICTORIA 19 No. AT IN THE MATTER of a complaint under section 11 of the Alcoholics and Drug-dependent Persons Act 1968 I [full name] of [address], being [state relationship to person complained against or other status for making complaint] MAKE COMPLAINT that [full name of person complained against] of [address] is *an alcoholic/*a drug-dependent person within the meaning of the Alcoholics and Drug- dependent Persons Act 1968. A medical certificate in the form of Schedule 1 to the Regulations under the Act is attached. Dated: [e.g. 5 September 19 ] [Signed] FILED: [e.g. 5 September 19 ] * Delete if inapplicable _______________ Form 2–21A -- 94 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 87 FORM 2–21B Rule 21.04 ORDER IN THE SUPREME COURT OF VICTORIA 19 No. AT IN THE MATTER of a complaint under section 11 of the Alcoholics and Drug-dependent Persons Act 1968 JUDGE: DATE MADE: NAME OF COMPLAINANT: DATE COMPLAINT FILED: DATE OF MEDICAL CERTIFICATE: ATTENDANCE: OTHER MATTERS: THE COURT ORDERS THAT: 1. [name of person] attend and be admitted to the assessment centre within days after the making of this order and remain there for a period of 7 days and if the medical officer in charge of the assessment centre so directs for a further period of 7 days. 2. [any other orders] 3. DATE AUTHENTICATED: Prothonotary Form 2–21B -- 95 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 88 Dated: 27 August 1998. J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. SUSAN KENNY, J.A. BARRY BEACH, J. ALLAN W. McDONALD, J. JOHN J. HEDIGAN, J. J. A. COLDREY, J. DAVID BYRNE, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ALEX CHERNOV, J. ═══════════════ Form 2–21B -- 96 of 97 -- S.R. No. 110/1998 Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 89 NOTES 1 Rule 1.05: S.R. No. 334/1988 as amended by S.R. Nos 438/1988, 137/1989, 241/1989, 302/1989, 45/1990, 249/1990, 273/1991, 101/1992, 210/1992, 70/1993, 41/1995, 71/1995, 156/1995, 139/1996, 17/1997, 60/1998 and 71/1998. 2 Rule 14.02: S.R. No. 201/1993. Reprinted to S.R. No. 127/1995 and subsequently amended by S.R. No. 153/1996. Notes -- 97 of 97 --