Magistrates' Court Civil | By Lawyers
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Magistrates' Court Civil

VIC

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

6 Matter Plans

Overview

The Magistrates' 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 Magistrates 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 Intervention Order guide covers applying for an order, negotiating, varying and appeals.

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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6 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Magistrates' 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 civil jurisdiction of the Magistrates' Court covers disputes arising from debts, claims for damages, other monetary disputes or claims for equitable relief, and specialist claims such as under the workers’ compensation and WorkCover legislation – all subject to the court’s ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Magistrates' 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 Conflict of interest check
    • Item icon Costs disclosure
      Enter into a costs agreement with the client. Make the required costs disclosure to the client in writing, including all the information required by s 174 of the Legal Profession Uniform Law. The Uniform Law also imposes an obligation to ensure that costs are fair and reasonable: s 172.

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    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Initial letter to client enclosing costs agreement and advising on mediation
    • 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 Taking instructions in Magistrates’ Court matters
      The starting point is always to take detailed instructions using the Retainer Instructions on the matter plan. A crucial question when acting for a plaintiff is whether the defendant has money or assets available to meet any judgment the client obtains. There is no point incurring costs to obtain a ...

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    • Item icon Magistrates' Court General Civil Procedure Rules 2010 Scale of Costs Appendix A
    • Item icon Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2020 - Arbitration Cost Caps
    • 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
      Parties can agree to a settlement before or after proceedings are commenced. In the Magistrates’ Court, the importance of early settlement cannot be overstated, as litigation costs can quickly become disproportionate.

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    • Item icon Letters of demand
      The first step in recovering a debt or damages prior to commencing proceedings is almost always to issue a letter of demand. Objectively conveying the strength of the client’s case may achieve an early settlement. There is no point in sending a letter of demand threatening to commence proceedings ...

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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
    • Folder icon If required - Statutory demand
      • Item icon Creditor's statutory demand for payment of debt
      • Item icon Affidavit accompanying statutory demand
      • Item icon Letter serving statutory demand
    • Item icon Making an offer
      Proceedings can settle through face-to-face negotiation, such as in a mediation. However, many proceedings settle through exchange of correspondence. If the other party is represented it is often effective to pick up the phone and speak to their solicitor to get an idea of whether settlement is ...

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    • Item icon Letter to other side to cease and desist
    • Item icon Letter to other side proposing settlement conference
    • Item icon Offers of compromise under Order 26
      An offer of compromise under Order 26 must comply with certain requirements as set out in Order 26 of the rules. Importantly, the offer must be open for at least 7 days. The offer must state whether it is inclusive of costs, known as an all in offer, or whether costs are to be paid ...

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    • Item icon Offer of compromise
    • Item icon Acceptance of offer of compromise under order 26
    • Item icon Statutory offers before proceedings are commenced
      An offer of compromise may be made before proceedings have commenced under the procedure in r 26.08.1. The offer must be in writing and open for at least 7 days.

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    • Item icon Calderbank offers
      A Calderbank offer is an offer made in a letter. The letter should carry the notation ‘Without prejudice save as to costs’ and contain an offer that is a genuine compromise of the claim. An effective Calderbank offer sets out the rationale of the offer, objectively putting forward the reasoning ...

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    • Item icon Letter to other side with Calderbank offer
    • Item icon Notice of discontinuance
    • Item icon Irrevocable authority
    • Item icon Appropriate dispute resolution
      Under rule 50.03 and paragraphs 42 49 of Practice Direction No. 2 of 2025, proceedings may be referred to ADR once a notice of defence is filed. The intention is for parties to resolve or narrow the issues in dispute by negotiation and settlement.

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    • Item icon Pre-hearing conference
      Section 107 of the Magistrates’ Court Act 1989 provides for Pre-Hearing Conferences (PHC) conducted by a registrar, to be held online unless the court orders otherwise. At a PHC, the registrar will attempt to assist the parties to settle. This will usually commence with a plenary session in ...

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    • Item icon Mediation
      Mediation can be arranged between the parties before or after proceedings have been issued. Once proceedings are commenced, a magistrate or registrar can refer a proceeding or any part of a proceeding to an acceptable mediator at any time before trial: s 108 of the Magistrates’ Court Act 1989. ...

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    • Item icon Letter to client advising on appropriate dispute resolution
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Mediation report
    • Item icon Early neutral evaluation
      Early Neutral Evaluation (ENE) is available only at the Melbourne Magistrates’ Court. After a notice of defence is filed, the court may decide to refer the dispute to ENE. If this happens, the parties will be notified of a court date, which is usually within 8 weeks.

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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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    • 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 into 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 ...

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    • Item icon Example deed of release after letter of demand
    • Item icon Example deed of release - Settlement of proceedings
    • Item icon Consent orders
      When the parties settle after proceedings have been commenced, they will have to enter into consent orders to dispose of the proceedings. Where consent orders are to be made, all parties to the action must consent, including any third party, but if they do so consent orders can be filed and dealt ...

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    • Item icon Minute of consent orders
    • 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 Undertaking for purpose of court approval of settlement
  • Folder icon C. Going to court
    • Item icon The jurisdiction of the Magistrates' Court
      Whether the Magistrates’ Court has jurisdiction to hear the claim is a threshold issue whether acting for the plaintiff or the defendant. Lack of jurisdiction may be a basis for summary judgment or dismissal, or transfer of the proceedings to another forum. Jurisdiction is not only about the ...

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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. 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 Magistrates’ Court General Civil Procedure Rules 2020.

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    • Folder icon If required - Parties
      • 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 Overarching obligations and proper basis certification
      The Civil Procedure Act 2010 imposes overarching obligations on litigants and legal practitioners in the conduct of litigation. See the Civil Procedure Act 2010, and Part 2 of Order 4 of the Magistrates’ Court General Civil Procedure Rules 2020. The Act requires the practitioner to ...

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    • Item icon Overarching Obligations Certification
    • Item icon Proper Basis Certification
    • Item icon Letter to all parties to proceedings - Notice of hearing
    • Folder icon If required - Solicitor notices
      • Item icon Notice of change of solicitor's address
      • Item icon Notice of ceasing to act
      • Item icon Notice of change of solicitor
    • Item icon The CMS Portal
      The court has an electronic case management system (CMS) which allows parties to electronically file complaints and default judgments, issue summonses to attend for oral examination and warrants to seize property, make online payments, upload and download documents, and generally manage the matter. ...

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    • Item icon Appearing online and in court
      In general, remote appearances by clients and practitioners are available, encouraged, and in many cases required. However, physical appearances are also possible, mainly by request, but in some cases are required. The following are conducted online unless otherwise ordered:

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    • Item icon Call overs
      Practice Direction No. 2 of 2025 provides that, except for Industrial Division matters, the court will conduct a daily call over all contested matters and applications listed, unless otherwise directed. Parties must join the dedicated online call over link for the court where their matter is listed ...

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  • Folder icon D. Pleadings, filing, and service
    • Item icon Complaint
      Proceedings to recover money or damages are commenced by filing an original Complaint in form 5A via the CMS portal, which automatically generates a PDF version once filed. A Complaint contains a statement of claim, setting out in summary form:

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    • Item icon Complaint
    • Item icon Complaint with Defence attached
    • Folder icon Library of events for complaint
      • Item icon Clause - Complaint pleading for goods sold and delivered
      • Item icon Clause - Complaint pleading against company debtor director guarantor
      • Item icon Clause - Complaint pleading debt recovery solicitor's costs
      • Item icon Clause - Complaint pleading misleading and deceptive conduct
      • Item icon Clause - Complaint pleading money lent
      • Item icon Clause - Complaint pleading money paid under a mistake of fact
      • Item icon Clause - Complaint pleading for damage to property
    • Item icon Filing
      The complaint must be filed at the registry of the proper venue: r 4.04. The proper venue is the closest court to the place where the subject matter of the claim arose, or to the defendant’s residence: see Find a court. Paragraphs 16 25 of Practice Note 2 of 2025 sets out the requirements for ...

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    • Item icon Service
      Once filed, the Complaint must be personally served on each defendant, together with two notices of defence: r 6.02. Order 6 of the Magistrates’ Court General Civil Procedure Rules sets out the requirements for service on particular defendants, such as corporations, minors, handicapped ...

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of a company
    • Item icon Service in another state or territory
      Where the Complaint it 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 s 16 which requires ...

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    • Folder icon Service and execution of process
      • Item icon Notice to defendant
    • Item icon Service out of Australia
      In certain circumstances a Complaint filed in the Magistrates’ Court may be served out of Australia without leave of the court. These are set out in r 7.02 of the Magistrates’ Court General Civil Procedure Rules 2020. The Complaint to be served out of Australia must be in form 7 A and ...

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    • Item icon Complaint for service out of Australia with Defence attached
    • Item icon Affidavit or Declaration of service of Summons or Complaint
    • Folder icon If required - Substituted service
      • Item icon Substituted service
        If unable to serve a party apply for an order for substituted service under r 6.10, an order can be made where the Court is satisfied that it is impracticable to serve the document in the manner specified by the rules. This may be because the person is evading service, they are outside ...

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      • Item icon Summons
      • Item icon Clause - Summons - Substituted service
      • Item icon Clause - Affidavit by solicitor in support of substituted service - Plaintiff
    • Item icon Further and better particulars
      A defendant may seek particulars of the claim if they are required to understand the case to be met. However, if the sum claimed is less than $10,000 and the matter is proceeding by arbitration, no party may serve a Request for Further and Better Particulars. If a Notice of Defence, Counterclaim or ...

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    • Item icon Example content - Request for further and better particulars
    • Item icon Notice of defence
      A defendant must file and serve a Notice of Defence within 21 days of service of the Complaint. A Notice of Defence must contain:

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    • Item icon Notice of defence (served on defendant with complaint)
    • Item icon Reply
      The plaintiff must file a reply if, at the hearing, the plaintiff intends to prove or establish any fact or matter which:

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    • Item icon Counterclaims and third party notices by the defendant
      A defendant who has a claim against the defendant may bring a Counterclaim against the plaintiff: r 10.02. A Counterclaim is made using form 10 A and must be served within 21 days after the Notice of Defence is given.

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    • Folder icon If required - Counterclaims and third party notices
      • Item icon Counterclaims and third party notices by the defendant
        A defendant who has a claim against the defendant may bring a Counterclaim against the plaintiff: r 10.02. A Counterclaim is made using form 10 A and must be served within 21 days after the Notice of Defence is given.

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      • Item icon Counterclaim
      • Item icon Third party notice
      • Item icon Notice claiming contribution
      • Item icon Affidavit or Declaration of service of Summons or Complaint
      • Item icon Letter serving process at registered office of a company
      • Item icon Letter instructing process server
      • Item icon Defending a counterclaim
        A counterclaim is effectively a claim brought by the defendant in the same proceeding. Rule 10.02(2) provides that when a counterclaim is served, the rules apply as if the defendant were the plaintiff and the plaintiff were the defendant. Accordingly, the usual Defence – form 8 A is used to ...

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      • Item icon Letter to defendant's solicitor serving defence to counterclaim
      • Item icon Clause - Affidavit in support - Strike out defence or counterclaim
  • Folder icon E. Interlocutory steps
    • Item icon Small claims – Under $10,000
      If the dispute relates to a claim for a sum of less than $10,000 restrictions apply to the interlocutory steps that can be taken and the proceeding will be referred to arbitration under s 102(1) of the Magistrates’ Court Act 1989. Exceptions to the referral provision are:

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    • Item icon Letter advising client proceedings have been referred to arbitration
    • Item icon Interlocutory applications
      Interlocutory applications are conducted before the final hearing, on application by summons and with affidavits in support about a variety of issues including defects in the pleadings, provision of proper particulars, default in discovery obligations, and compliance with orders. Interlocutory ...

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    • Folder icon If required - Default judgment
      • Item icon Default judgment
        If the Complaint is validly served and no defence is entered within 21 days of service and after the 21-day period has expired, the plaintiff can apply to the court for an order for default judgment. If the defendant has not filed a notice of defence, write to them and give the defendant reasonable ...

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      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Application for order in default of defence
      • Item icon Clause - Affidavit in support - Default judgment
      • Item icon Letter to client advising judgment entered
    • Folder icon If required - Summary dispositions
      • Item icon Summary stay or dismissal and striking out
        Under r 23.02(1) if a pleading does not comply with the rules and in particular with r 13.01 as to the requirements of a statement of claim or:

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      • Item icon Summons
      • Item icon Certificate identifying exhibit
      • Item icon Summary judgment
        The plaintiff can apply for summary judgment in relation to a claim for a debt or liquidated demand: r 22.01. The defendant can do the same in relation to its counterclaim. The plaintiff’s application is in form 22 A made pursuant to r 22.04. The application must be supported by an ...

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      • Item icon Summons for application for summary judgment by plaintiff
      • Item icon Clause - Affidavit in support - Summary judgment - Plaintiff
    • Folder icon If required - Security for costs
      • Item icon Security for costs
        Security for costs is ordered to provide some protection to defendants from prosecution of unsuccessful proceedings by plaintiffs or counterclaimants. However, orders for security for costs are not available against all plaintiffs and are always in the discretion of the court. See Order 62 ...

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      • Item icon Certificate identifying exhibit
    • Folder icon If required - Other applications
      • Item icon Summons
      • Item icon Certificate identifying exhibit
    • Item icon Letter to all parties to proceedings - Notice of hearing
  • Folder icon F. Gathering and exchanging evidence
    • Folder icon If required - Discovery
      • Item icon Discovery
        Discovery is the process of identification, listing and production of documents for inspection by the parties to proceedings. Notices of discovery may not be issued in relation to a claim for an amount under $10,000.

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      • Item icon Notice for discovery
      • Item icon Affidavit of documents
      • Item icon Notice to produce
      • Item icon Letter to other side with categories of documents for discovery
    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        Interrogatories are questions administered that must be answered specifically by answering the substance of the interrogatory without evasion unless it is objectionable on any of the grounds in r 30.07(1): r 30.06(1). Interrogatories may not be served in relation to claims under $10,000 ...

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      • Item icon Example content - Interrogatories to the defendant
      • Item icon Example content - Plaintiff's answers to defendant's interrogatories
    • Folder icon Subpoenas
      • Item icon Subpoenas
        There are three kinds of subpoena: a subpoena requiring a person to attend to give evidence, a subpoena to produce and a subpoena both to attend to give evidence and to produce. A subpoena is issued in in form 42 A, form 42B or form 42C.

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      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena for production to registrar
      • Item icon Subpoena to produce
      • Item icon Subpoena both to attend to give evidence and to produce
      • Item icon Summons
      • Item icon Clause - Summons - Set aside subpoena
      • Item icon Clause - Summons - Set aside notice to produce
      • Item icon Clause - Affidavit in support - Set aside subpoena or notice to produce
    • Folder icon Affidavits and exhibits
      • Item icon Affidavits
        Affidavits contain a witness’s evidence in chief. Unless otherwise provided by legislation or the rules, or agreed between the parties, evidence on an interlocutory application is given by affidavit and evidence at the hearing of a proceeding is given orally: r 40.02. The court may direct that ...

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      • Folder icon Affidavits
        • Item icon Affidavit of application
        • Item icon Affidavit in support of application - rehearing
        • Item icon Affidavit in support of application for attachment of earnings order
        • Item icon Affidavit in support of enforcement
        • Item icon Affidavit in support of summons for commitment
        • Item icon Affidavit of documents
        • Item icon Affidavit or declaration of service (generic)
        • Item icon Affidavit or declaration of service of application for instalment order
        • Item icon Affidavit or declaration of service of application for re-hearing
        • Item icon Affidavit or declaration of service of summons or complaint
        • Item icon Certificate identifying exhibit
      • Item icon Certificate identifying exhibit
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        A party seeking to rely upon expert evidence must serve a report from the expert stating their opinion and the basis upon which it is formed: r 44.03. As soon as practicable after the expert is engaged, and before they produce their report, the expert must receive a copy of the expert witness ...

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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 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 - Other methods of providing evidence and proof
      • Item icon Evidence by audio-visual or audio link
        If a matter is listed for an in-person hearing and a witness is unable to appear, the party calling them can apply for their evidence to be given by audiovisual or audio link under s 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958. The application is made at least 14 days ...

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      • Item icon Notices for admission of facts and documents
        The procedure under Order 35 allows a party to issue a notice requiring the other party to admit material facts, r 35.02, and the authenticity of documents, r 35.05. The procedure is designed to limit the issues in dispute at hearing and reduce disputes about the admissibility of ...

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      • Item icon Notice to admit facts
      • Item icon Notice of dispute
  • Folder icon G. The hearing
    • Item icon Letter to all parties to proceedings - Notice of hearing
    • Item icon Briefing counsel
      An early decision to brief counsel to appear at the final hearing or any interlocutory hearings provides the opportunity for a thorough preparation for trial. They are the ones practiced in the procedures of the court, skilled in examination and cross examination, understand the rules of evidence ...

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    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Schedule of medical and expert reports
    • Item icon Court book
      A court book is an indexed collection of documents that the parties will rely on during the hearing. It includes all originating process, pleadings, and evidence, and leaves out any irrelevant documents even if they were disclosed in the proceedings. Paragraphs 58 66 of Practice Direction No. 2 of ...

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    • Item icon Magistrates Court - Court book cover page
    • Item icon Magistrates Court - Court book index
  • Folder icon H. Costs
    • Item icon Costs
      In the Magistrates’ Court, costs are usually fixed immediately at the end of the hearing once the result is handed down: r 63.00. Costs are fixed in accordance with the scale in Appendix A of the Schedule to the rules. This is updated every year. The appropriate scale is the one that ...

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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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    • Item icon Example - Schedule of costs
    • Item icon Calculating interest up to and on judgment
      The rules about calculating interest are set out in the Supreme Court Act 1986. Section 33 applies these rules to inferior courts as well.

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  • Folder icon I. Appeals to the Supreme Court
    • Item icon Appeals to the Supreme Court
      Where a final order has been made in a civil proceeding a party may appeal to the Supreme Court on a question of law only: s 109(1) Magistrates’ Court Act 1989. Before commencing an appeal, give appropriate advice about the potential costs of Supreme Court litigation. An adverse costs order if ...

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    • Item icon Example content - Notice of appeal
    • Item icon Affidavit
    • Item icon Certificate identifying exhibit
    • Item icon Clause - Summons for leave to appeal
  • Folder icon J. 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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