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County Court Civil

VIC

This publication guides practitioners through the conduct of civil proceedings in the County Court of Victoria.

5 Matter Plans

Overview

The County Court Civil commentaries cover key topics, including letters of demand, settlement, initiating and responding to proceedings, default judgment and summary dispositions, case management, disclosure, and trial in the County Court of Victoria.

The Enforcement guide covers oral examination, payment by instalments, attachment of earnings, garnishee orders, warrants, and enforcement of foreign and interstate judgements.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of letters of demand and example response to letter of demand;
  • Example offer of compromise and Calderbank offer;
  • Library of example consent orders;
  • Library of events for initiating application;
  • Example content for:
    • substituted service, amending the initiating application, and seeking injunctive relief;
    • defence, cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance;
    • interrogatories, and content for setting aside subpoenas and notices to produce;
    • consent orders, terms of settlement, and deeds of release.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - County Court Civil (VIC) - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

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      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    Overview The County Court’s civil jurisdiction is divided into 2 divisions:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - County Court civil
    • Item icon To do list - Civil - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Civil litigation
    • Item icon Retainer instructions - Debt collection
    • Item icon Retainer instructions - Personal injury claim
    • Item icon Conflict of interest check
    • Item icon Costs disclosure
      Send the client a Costs Agreement. The importance of advising the client about the potential costs of litigation at the beginning of the matter cannot be overstated. Costs disclosure is a continuing obligation. Where the scope or complexity of a matter has changed, or the estimate of the costs has ...

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    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Costs agreement - VIC
    • Item icon Conditional costs agreement - VIC
    • Item icon Conditional costs agreement - Uplift fee - VIC
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Jurisdiction
      The County Court is established by statute and its jurisdiction is limited to the powers provided by applicable legislation and the implied powers required to enable it to function effectively within its jurisdiction and ensure the fair administration of justice in Victoria. Section 4 of the ...

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    • Item icon Divisions of the court
      All proceedings in the court are subject to case management by the registrar and judges of the court. Most of the business of the court is divided among the specialist lists discussed below, each of which is in the charge of one or more judges.

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    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling the matter
    • Item icon Settling the matter
      The commentary in the guide makes more than one reference to the costs of conducting proceedings in the County Court and to the need to keep a close watch on costs from the outset. In the County Court, costs usually follow the event. So, if a matter goes to hearing and determination before a judge, ...

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    • Item icon Letters of demand
      Letters of demand are almost always issued prior to commencing proceedings. The exception might be where a potential plaintiff believes there is urgency, such as the imminent expiry of a limitation period, and proceedings cannot be delayed. Even in such situations, a letter of demand with a ...

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    • Folder icon Letters of demand
      • Item icon Standard letter of demand
      • Item icon Letter of demand with originating motion
      • Item icon Letter of demand to guarantor
      • Item icon Letter to client enclosing copy letter of demand
      • Item icon Letter to defendant chasing instalments
      • Item icon Letter to other side to cease and desist
    • Item icon Letter to other side to cease and desist
    • Item icon Example deed of release after letter of demand
    • Item icon Informal settlement conferences
      In some cases, it can be helpful and more cost effective to hold an informal settlement conference instead of a mediation. These usually consist of a meeting between lawyers to try to facilitate settlement, without the formal intervention of a mediator. They can help to resolve or limit the scope ...

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    • Item icon Letter to other side proposing settlement conference
    • Item icon Alternative dispute resolution
      Parties can, and often do, negotiate the settlement of a dispute without the need to commence proceedings. It is always best to try to settle a dispute before proceedings are commenced. The costs of preparing pleadings, filing fees and initial interlocutory steps always represent a spike in costs ...

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    • Item icon Offers of compromise and Calderbank offers
      Offers to settle can take 2 forms:

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    • Item icon Offer of compromise
    • Item icon Letter to other side with Calderbank offer
    • Item icon Mediation
      Parties often do not contemplate mediation until proceedings are well under way. This can be a mistake. If the dispute is uncomplicated and negotiations by correspondence are not proving fruitful, it is worthwhile suggesting a mediation before issuing the claim. Generally, the earlier mediation ...

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    • Item icon Letter to client advising on mediation
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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    • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
    • Item icon Terms of settlement
      Once a matter has settled, the parties should enter terms of settlement, formalising the terms of the settlement and providing for releases from future suit. This is the case regardless of whether proceedings were issued and whether the settlement was negotiated by correspondence or by mediation. ...

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    • Item icon Terms of settlement - Proceeding dismissed
    • Item icon Terms of settlement - Judgment entered without admission
    • Item icon Consent orders
      When the parties settle after proceedings have been commenced, they will have to enter consent orders to dispose of the proceedings. The court’s power to make consent orders is set out in r 59.06.

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    • Item icon Minutes of Consent Orders pursuant to Rule 59 06
    • Folder icon Library of consent orders
      • Item icon Clause - Consent orders for acceptance of lesser sum
      • Item icon Clause - Consent orders for judgment notation of agreement
      • Item icon Clause - Consent orders for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent orders judgment in favour of one party
      • Item icon Clause - Consent orders payment inclusive of costs
    • Item icon Court approval of settlements for persons under a disability
      A party who is under a disability, by reason of injury or otherwise, and is incapable of managing their affairs, must have a litigation guardian appointed under r 15.03. Any compromise of the claim must be approved by the court: r 15.08. Approval is not automatic and the solicitor or ...

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    • Item icon Example deed of release - Settlement of proceedings
    • Item icon Undertaking for purpose of court approval of settlement
  • Folder icon C. Going to court
    • Item icon Bringing the claim
      The steps involved in bringing a claim in the County Court are dictated by the court’s case management procedures, which are set out in the court’s practice notes and dealt with in Case management and directions.

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    • Item icon Objection to the jurisdiction of the court
      If a party does not submit to the jurisdiction of the court because, for example, a term in a contract contains an exclusive jurisdiction clause or for arbitration in another jurisdiction or forum, a party may make an application challenging the jurisdiction and seeking to have the originating ...

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    • Item icon Case transfer
      If a transfer is required, the provisions of the Courts (Case Transfer) Act 1991 apply, together with the provisions and prescribed forms under the Courts (Case Transfer) Rules 2021.

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    • Folder icon Court Case Transfer forms
      • Item icon Defendant's application under Part 5 of Courts (Case Transfer) Act 1991
      • Item icon Notice of objection under Courts (Case Transfer) Act 1991
      • Item icon Plaintiff's application under Part 5 of Courts (Case Transfer) Act 1991
      • Item icon Referral under Part 3 of Courts (Case Transfer) Act 1991
    • Item icon Parties
      Any legal person may commence and carry on proceedings. In Victoria this means a natural person, a corporation or an incorporated association. A natural person does not require representation but may be represented by a solicitor: r 1.18 of the County Court Civil Procedure Rules 2018. A ...

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    • Folder icon If required - Parties
      • Item icon Request to enter a list (County Court)
      • Item icon Affidavit
      • Item icon Clause - Affidavit by director authority to commence proceedings
      • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
      • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Item icon Consent to act as litigation guardian
      • Item icon Solicitor's certificate - Appointment of litigation guardian
    • Item icon Briefing counsel
      Counsel should be briefed as early as possible, preferably before initiating the claim. Counsel’s advice on evidence before issuing will identify premature or weak claims before costs are wasted on them. Counsel should also be briefed to formulate the claim and draw the pleadings. Precise and ...

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    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Civil Procedure Act obligations
      The Civil Procedure Act 2010 (VIC) imposes the following overarching obligations on litigants and legal practitioners in the conduct of litigation:

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    • Item icon Overarching obligations certification
    • Item icon Proper Basis Certification
    • Item icon Certification of prior overarching obligations certification
    • Folder icon If required - Solicitor notices
      • Item icon Notice of change of solicitor's address
      • Item icon Notice of solicitor acting
      • Item icon Notice of solicitor ceasing to act
      • Item icon Notice of change of solicitor
    • Item icon Case management and directions
      Case management begins when the claim is filed. Cases are managed according to the procedures set out in the Practice Notes. The County Court actively manages proceedings to ensure they continue to progress. The court will not allow parties to allow a matter to languish without action for extended ...

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    • Item icon Practice Notes
      The court issues Practice Notes relating to conduct of business in the court. The purpose of the practice notes is to explain how matters are conducted in the court’s specialist lists and, in some instances, to explain the procedure at hearings in the particular list.

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    • Item icon Standard orders
      The court has standard orders in each division to which practitioners are expected to adhere unless there is good reason to deviate. The Commercial Division Standard Orders Booklet contains standard wording for orders and directions, to be used in conjunction with Commercial Division Omnibus ...

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    • Item icon Common Law Division Standard Orders Booklet – County Court Victoria
    • Item icon Commercial Division Standard Orders Booklet – County Court Victoria
    • Item icon Injunctions
      How to make the application The County Court has unlimited power to make injunctions: see Order 38.

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    • Folder icon If required - Injunctions
      • Item icon Summons
      • Item icon Clause - Summons for injunctive relief
      • Item icon Clause - Summons for injunctive relief - Simple
      • Item icon Clause - Summons for injunctive relief - Land
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support of summons for injunctive relief
      • Item icon Affidavit of service - party on the matter
    • Item icon Undertaking as to damages
      Before granting an injunction, the court will usually require an applicant to give an undertaking as to damages. This is an undertaking that the applicant will compensate any person affected by the injunction for loss caused by the injunction. Before applying for an injunction, obtain ...

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  • Folder icon D. Pleadings, filing and service
    • Item icon Writ and statement of claim
      Most proceedings involving disputes of fact are commenced by writ and statement of claim. The County Court is a court of strict pleading. All pleadings must comply with the rules. See Rules of Pleadings and Particulars.

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    • Item icon Writ
    • Item icon Pleadings and particulars
      The County Court is a court of strict pleading. All pleadings must comply with the rules. The statement of claim must plead material facts, not evidence. In essence, material facts are those which the plaintiff must prove to make out the claim. The material facts pleaded must be sufficient to prove ...

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    • Folder icon Library of pleadings and particulars
      • Item icon Clause - Pleadings and particulars - Goods sold and delivered
      • Item icon Clause - Pleadings and particulars - Against company debtor director guarantor
      • Item icon Clause - Pleadings and particulars - Debt recovery solicitor's costs
      • Item icon Clause - Pleadings and particulars - Misrepresentation under s 18 of the Australian Consumer Law
      • Item icon Clause - Pleadings and particulars - Money lent
      • Item icon Clause - Pleadings and particulars - Money paid under a mistake of fact
    • Folder icon If required - Orginating motions
      • Item icon Originating motion between parties
      • Item icon Originating motion between parties where commenced under Rule 45.05
      • Item icon Originating motion for recovery of land under Order 53
      • Item icon Originating motion where no defendant
      • Item icon Affidavit
    • Item icon Filing
      The County Court has an eFiling facility. It is mandatory to file all documents related to Common Law Division and Commercial Division proceedings electronically. All practitioners should register for eFiling through the County Court web site. When proceedings are issued, the plaintiff’s ...

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    • Item icon Service of originating process
      Originating process may be served anywhere in Australia. Part 2 of Order 7 of the rules sets out the procedure for service in a foreign country. However, where it is to be served outside Victoria and in another state, service must be effected pursuant to the Service and Execution of Process ...

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of a company
    • Item icon Affidavit of service - originating process
    • Item icon Affidavit of service - party on the matter
    • Item icon Affidavit of service - party not on the matter
    • Item icon Service in another state or territory
      Where the writ or originating motion is to be served outside Victoria and in another state, service must be effected pursuant to the Service and Execution of Process Act 1992 (Cth). Compliance with the provisions of the Service and Execution of Process Act 1992 is essential, particularly with ...

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    • Folder icon Service and execution of process
      • Item icon Notice to a defendant - County Court Victoria
    • Folder icon If required - Substituted service
      • Item icon Summons
      • Item icon Clause - Summons - Substituted service
      • Item icon Affidavit
      • Item icon Clause - Affidavit by solicitor in support of substituted service
    • Item icon Defence
      A defendant must file a defence, for which no form is prescribed, within 30 days after filing an appearance, r 14.04, unless the defendant has requested further and better particulars of the statement of claim or is making an early application for security for costs. The court will not ...

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    • Item icon Counterclaims by the defendant
      Counterclaims are dealt with in Order 10. A defendant is entitled, in any proceeding commenced, or continued as if, by writ to bring a counterclaim against the plaintiff. A defendant must plead the counterclaim and defence in one document: r 10.02(3).

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    • Item icon Claims for contribution or indemnity – Third party claims
      The joinder of third parties is governed by Order 11. If the defendant claims that a third party should contribute to or indemnify them against the plaintiff’s claim, or claims any other relief relating to or connected with the subject of the action, they may join them as third parties to the ...

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    • Item icon Notice of appearance to counterclaim
    • Item icon Reply
      The plaintiff does not require leave to file a reply and, if it wishes to do so, must serve it within 30 days after the service of the defence: r 14.05. A reply should only be filed when there is a fact or issue asserted in the defence that the plaintiff can rebut by pleading further facts, ...

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    • Item icon Further pleadings
      No further pleadings subsequent to a reply may be served without leave: r 14.06. The court will very rarely allow subsequent pleadings.

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    • Folder icon If required - Striking out defence or countertclaim
      • Item icon Striking out of pleadings
        Under r 23.02, a pleading may be struck out wholly or in part if it:

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      • Item icon Summons
      • Item icon Clause - Summons to strike out defence
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Strike out defence or counterclaim
      • Item icon Defence
    • Folder icon If required - Amendment
      • Item icon Amendment
        Amendments are governed by Order 36. The court has a general power to order amendment of any document for the purposes of determining the real question in dispute, correcting defects or avoiding multiplicity of proceedings: r 36.01.

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  • Folder icon E. Interlocutory steps
    • Item icon Interlocutory steps
      Interlocutory applications In most cases, there will not be any interlocutory applications as the parties will follow the timetable set at directions hearings.

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    • Folder icon If required - Default judgment
      • Item icon Entry of default judgment
        Judgment may be entered under either r 21.02 for failure to serve a defence, or, if the proceedings were commenced by writ, under r 21.01 for failure to file an appearance. For default judgment under r 21.01, where the defendant has failed to serve a defence within the required time, ...

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      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Notice of intention to enter or apply for judgment in default of defence
      • Item icon Default judgment for debt (County Court)
      • Item icon Interlocutory or interlocutory and final judgment for damages or value in default
      • Item icon Interlocutory or interlocutory and final judgment for detention of goods in default
      • Item icon Default judgment for recovery of land
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Default judgment
      • Item icon Search for appearance
    • Folder icon If required - Summary dispositions
      • Item icon Summary judgment
        Common law summary judgment is available to both the plaintiff or the defendant to apply under ss 61 and 62 of the Civil Procedure Act 2010. The plaintiff must show that the defence or part of the defence has no real prospect of success.

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      • Item icon Summons
      • Item icon Clause - Summons - Summary judgment - Plaintiff
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summary judgment - Plaintiff
      • Item icon Vexatious claims and abuse of process
        A defendant can apply under r 22.01 for the claim or proceeding to be stayed, or for judgment to be given, if the proceeding or claim is:

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      • Item icon Summary dismissal
        If the plaintiff’s claim does not disclose a cause of action the defendant can apply for summary judgment under Order 22 of the County Court Civil Procedure Rules 2018 and s 62 of the Civil Procedure Act 2010. The court may receive evidence on the hearing of the application for an order under ...

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      • Item icon Dismissal of proceedings for want of prosecution
        If a plaintiff or defendant does not prosecute the proceedings with due dispatch, the court may order that the proceedings be dismissed, or the defence struck out either in whole or in part or make another appropriate order. This power may be exercised under rule 24.01 for specific listed ...

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    • Folder icon If required - Separate determination
      • Item icon Separate decision of questions
        The court may, by order, give any direction for the conduct of the proceeding: r 34.01. The court may make orders for the decision of any question separately from any other question, may state the question or give directions at any time: r 47.04.

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      • Item icon Letter to the other side seeking consent to separate determination
      • Item icon Summons
      • Item icon Clause - Summons - Separate determination
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Separate determination
    • Folder icon If required - Consolidation
      • Item icon Consolidation
        The court can order proceedings to be consolidated, that is, heard together so that evidence in one will be evidence in the other. This may occur, where the claims and parties could have been pleaded in the one statement of claim and there are no significant differences in the parties. ...

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      • Item icon Letter to the other side seeking consent to consolidation
      • Item icon Summons
      • Item icon Clause - Summons - Consolidation of proceedings
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Consolidation
    • Folder icon If required - Discontinuance
      • Item icon Discontinuance, dismissal and withdrawal
        Discontinuance or withdrawal of proceedings The plaintiff can discontinue proceedings commenced by writ under r 25.02:

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      • Item icon Notice of discontinuance
      • Item icon Minutes of Consent Orders pursuant to Rule 59 06
      • Item icon Clause - Consent orders - Discontinuance of proceedings
      • Item icon Affidavit
  • Folder icon F. Gathering and exchanging evidence
    • Folder icon If required - Discovery
      • Item icon Discovery
        Discovery is usually the first step after the close of pleadings. It is a process of identification, listing and production of documents for inspection by the parties to proceedings. Its purpose is to prevent surprises at trial where documents may be tendered of which a party is unaware.

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      • Item icon Notice for discovery (County Court)
      • Item icon Letter to other side with categories of documents for discovery
      • Item icon Affidavit of documents (County Court)
      • Item icon Notice to produce
      • Item icon Notice of default in making discovery of documents
    • Folder icon Affidavits, annexures and exhibits
      • Item icon Affidavits
        After discovery, prepare the evidence in the case. Evidence in chief is often given by affidavit with the witness giving oral evidence only for cross examination and re-examination. This is done to minimise the time taken up by oral evidence and to ensure that the parties are not taken by surprise ...

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      • Item icon Affidavit
      • Item icon Affidavit of service - party on the matter
      • Item icon Affidavit of service - party not on the matter
      • Item icon Annexures and exhibits
        Where one or more documents are referred to in an affidavit the documents are to be bundled and annexed to the affidavit as a single bundle exhibit. Each exhibit must have a unique number and be ordered in the sequence that the documents are referred to in the affidavit. The court does not accept ...

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      • Item icon Certificate identifying exhibit
    • Folder icon Subpoenas and notice to produce
      • Item icon Subpoenas and notices to produce
        The County Court requires parties to issue subpoenas as early as possible so documents can be produced and inspected well before hearing and are available for the proper preparation of the case, including submission to experts.

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      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to produce
      • Item icon Subpoena for production to the prothonotary
      • Item icon Subpoena both to attend to give evidence and to produce
      • Item icon Notice to produce
      • Item icon Summons
      • Item icon Clause - Summons - Set aside subpoena
      • Item icon Clause - Summons - Set aside notice to produce
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summons to set aside subpoena or notice to produce
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        Expert reports are largely governed by Order 44. Medical reports in personal injury cases are governed by Order 33. Orders about the preparation and exchange of expert witness evidence are usually made at the beginning of the proceeding as part of the standard orders.

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      • Item icon Letter instructing expert witness - Plaintiff
      • Item icon Letter instructing single expert witness
      • Item icon Expert witness code of conduct
      • Item icon Affidavit
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Letter to other side serving expert report
      • Item icon Clause - Affidavit of assessor
      • Item icon Clause - Affidavit of repairer
    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        Interrogatories are questions administered to another party that must be answered and verified by affidavit: r 30.04. Responses to interrogatories must state both the question and the answer: r 30.06(2). Interrogatories are administered to elicit relevant admissions in the proceedings.

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      • Item icon Summons
      • Item icon Example content - Interrogatories to the defendant
      • Item icon Answers to interrogatories (County Court)
      • Item icon Example content - Plaintiff's answers to defendant's interrogatories
      • Item icon Notice of default in answering interrogatories
    • Folder icon If required - Notice to admit facts and authenticity of documents
      • Item icon Notices to admit facts and authenticity of documents
        The procedure under Order 35 allows a party to admit facts by notice, r 35.02 or to serve a Notice to Admit, form 35 A, requiring the other party to admit material facts, r 35.03, or the authenticity of documents, r 35.05. The procedure is designed to limit the issues in dispute ...

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      • Item icon Notice to admit
      • Item icon Notice of dispute
  • Folder icon G. The final hearing
    • Item icon Allocation of a hearing date
      The County Court’s standard directions in most of the specialist lists provide that a hearing date will be allocated early in the process. The parties should have confirmed the availability of counsel and all witnesses prior to any directions hearing confirming the hearing date. A legal ...

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    • Item icon Long trial dates
      The court will allocate long trial dates, in cases estimated to take 10 days or more, but the Judge in Charge will do this when appropriate. When a long case is fixed for trial, the court will make every effort to ensure that it proceeds. For that reason, the court will not adjourn long cases ...

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    • Item icon Adjournment or vacation of trial date
      The court will only grant adjournment applications where there are very good reasons. The parties must not ask the court to fix cases for trial unless they are ready for trial. Legal practitioners must ascertain the availability of the parties and their witnesses before taking a date for trial. If ...

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    • Item icon Chronology
    • Item icon Schedule of medical and expert reports
    • Item icon Schedule of damages and issues and any document to be tendered
    • Item icon Court book
      The court book is a collection of documents that will be used during the trial. It will include exhibits to affidavits, expert reports and further relevant documents that may have been discovered or produced on subpoena. However, it should only include those documents that one of the parties will ...

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    • Item icon County court - Court book cover page
    • Item icon County court - Court book index
    • Item icon Agreed list of exhibits
    • Item icon After the hearing
      The case is not over, and the file is not dead the very second that the judge leaves the bench after each side has made final submissions. Do not give in to the temptation to chuck all the notes and documents in a box and wave goodbye to the client. The file, which has inevitably been torn apart in ...

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  • Folder icon H. Costs
    • Item icon Costs
      Types of costs orders Costs ordinarily follow the event. This means that the party which loses a particular application, or the ultimate trial, is ordered to pay the successful party’s costs.

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    • Item icon Taxation of costs and time for payment
      In most cases, the parties will agree on the amount of costs to be paid. If they do not agree, the amount of the costs has to be referred to the Costs Court which will quantify how much is to be paid by reference to the Scale of Costs in Appendix A of the Schedule of the Supreme Court (General ...

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    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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  • Folder icon I. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - VIC
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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