County Court (Chapter I Amendment No. 10) Rules 2015
S.R. No. 129/2015
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Revocations
6Definitions
7Effect of non-compliance
8Application to set aside for irregularity
9Proceedings after a year
10Office hours
11Urgent case
12Service on particular defendants
13How ordinary service effected
14Identity of person served
15Acceptance of service by solicitor
16Service of other process by leave
17Application for leave
18Rule 8.09 substituted
19Addition, removal, substitution of party
20Defendant dead at commencement of proceeding
21When counterclaim allowed
22Stay of claim
23Time for appearance
24Other requirements for service
25Appearance by third party
26Counterclaim by third party
27Default by third party
28Claim against another party
29Fourth and subsequent parties
30Counterclaim
31Definitions for Order 12
32Sheriff's interpleader
33Admission of claim
34Interpleader summons
35Neutrality of applicant
36Trial of interpleader question
37Content of pleading
38Matter which must be pleaded
39Particulars of pleading
40Admission and denials
41Denial by joinder of issue
42Counterclaim
43Heading to Order 15 amended
44Definitions for Order 15
45Litigation guardian of person under disability
46Appointment of litigation guardian
47Discovery
48Execution against money in court
49Counterclaim and claim by third party notice
50Representation of unascertained persons
51Appearance under objection of person sued as partner
52Enforcement of judgment
53Charge on partner's interest
54Effect of judgment
55Solicitor ceasing to act
56Removal of solicitor from record
57Address for service
58Judgment for recovery of debt, damages or property
59Stay or judgment in proceeding
60Rule 24.01 substituted
61Counterclaim and third party claim
62Inherent jurisdiction
63Discontinuance or withdrawal of proceeding or claim
64Heading to Order 26 amended
65Heading to Part 2 of Order 26 amended
66Disclosure of offer to court
67Party under disability
68Heading of document
69Form of document
70Seal of Court
71New Rule 28.04A inserted
72Inspection of documents
73Documents that may not be filed electronically
74Scope of discovery
75Notice for discovery
76Rule 29.03 substituted
77Co-defendants and third party
78Default notice
79Default on discovery
80Source for answers to interrogatories
81Who to answer interrogatories
82Default notice
83Non-compliance with order
84Effect of consent
85Party an applicant, inspection of documents and direction of documents
86Counterclaim
87Expenses
88No evidence unless disclosed in report
89Voluntary admission of facts
90General
91Amendment of judgment or order
92Payment into Court in discharge of lien
93Default by receiver
94Deposition as evidence
95Attendance and production
96Objection
97Authentication and filing
98Report of examiner
99Heading to Order 41A substituted
100Payment of costs
101Application of Order 42A
102Objection by party to inspection by other party
103Removal of document
104Return or disposal of document
105Form of affidavit
106Affidavit by illiterate or blind person
107Application of Order 44
108Report of expert
109No evidence unless disclosed in report
110Pre-trial conferences
111Procedure on assessment
112Value of goods
113Restrictive covenant
114Heading to Rule 53.01 amended
115Parties
116Judgment in administration proceeding
117Mortgage, exchange or partition
118Date of effect
119Time for compliance
120Consent judgment or order by filing
121Minor amendments to Order 60A
122Rule 61.01 substituted
123Application under section 6 or section 8
124Instalment agreement under section 7
125When security for costs may be ordered
126Heading to Order 64A amended
127Attendance of natural person
128Attendance of corporation
129Attendance before another court etc.
130Contempt
131Order in aid of enforcement
132Definitions for Order 67
133Definitions for Order 68
134Duration
135Provision for enforcing payment of money
136Definitions for Order 69
137Minor amendments to Order 69
138Removal of goods on warrant of possession
139Definitions and application of Order 71
140Bank account
141Evidence on application for garnishee summons
142Money in court
143Attendance of or information about judgment debtor
144Contents of order
145Determination of earnings
146Definitions for Order 73
147Effect of service of summons
148Order charging funds in court
149Stop order for funds in court
150Stop notice on corporation stock not in court
151Prohibition of transfer of or payment on stock
152Contempt in face of the Court and arrest of respondent
153Arrest pending contempt hearing
154Discharge
155Application of money
156Notice of application for suppression order
157Minor amendments to Order 5 Forms
158Form 7A substituted
159Minor amendments to Forms 8B, 10B, 11A and 11B
160Notice of claim to goods taken in execution
161Notice of a constitutional matter
162Form 28 substituted
163Minor amendments to Forms 29A, 29C, 29D, 30A, 35A and 35B
164Form 39A substituted
165Order for examination out of Victoria
166Form 41AA substituted
167Minor amendments to Forms 45A, 46A, 48A, 48B, 53B, 59A, 60A and 60D
168Order 61 Forms amended
169Form 61N substituted
170Minor amendments to Forms 61P and 61Q
171Form 61R substituted
172Application for copy of judge's notes
173Minor amendments to Forms 68A, 68B, 68C, 71A, 72A, 72B, 72E, 72F, 72G and 72H
174Form 72K substituted
175Notice of cessation of attachment of earnings order
176Minor amendments to Forms 73A, 73C, 75A, 75B and 75BA
177Form 75C substituted
Schedule 1—Revoked Statutory Rules
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Endnotes
1
County Court (Chapter I Amendment No. 10) Rules 2015
S.R. No. 129/2015
statutory rules 2015
S.R. No. 129/2015
1
County Court (Chapter I Amendment No. 10) Rules 2015
S.R. No. 129/2015
County Court Act 1958
1
County Court (Chapter I Amendment No. 10) Rules 2015
S.R. No. 129/2015
County Court (Chapter I Amendment No. 10) Rules 2015
1
County Court (Chapter I Amendment No. 10) Rules 2015
S.R. No. 129/2015
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend Chapter I of the Rules of the County Court—
(a)to enable greater use of electronic filing by parties in civil matters; and
(b)to ensure that, as far as possible, that Chapter is consistent with the recently remade Chapter I of the Rules of the Supreme Court; and
(c)as a consequence of the commencement of the Legal Profession Uniform Law Application Act 2014.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 23 November 2015.
4Principal Rules
In these Rules, the County Court Civil Procedure Rules 2008[1]are called the Principal Rules.
5Revocations
The Rules listed in Schedule 1 are revoked.
6Definitions
(1)In Rule 1.13(1) of the Principal Rules—
(a)insert the following definitions—
"CITEC Confirm means the authorised provider of civil electronic filing services as in operation in the Court from time to time;
sheriff includes—
(a)the sheriff employed under section6 of the Sheriff Act 2009; and
(b)any person to whom a warrant referred to in these Rules is directed;";
(b) the definition of solicitoris revoked.
(2)In Rule 1.13(2)(a) of the Principal Rules omit "and".
(3)In Rule 1.13(3) of the Principal Rules, for "If by these Rules a form is prescribed" substitute "Ifthese Rules prescribe a form".
7Effect of non-compliance
(1)In Rule 2.01(1) of the Principal Rules, for "or a" substitute "or any".
(2)In Rule 2.01(1) and (2)(b) of the Principal Rules, for "therein" substitute "in the proceeding".
8Application to set aside for irregularity
In Rule 2.03 of the Principal Rules, for "therein" substitute "in any proceeding".
9Proceedings after a year
In Rule 3.06 of the Principal Rules, for "his" substitute "that party's".
10Office hours
In Rule 3.09 of the Principal Rules, for "shall be" substitute "are".
11Urgent case
In Rule 4.08 of the Principal Rules—
(a)omit "the Court may,";
(b)after "directs,"insert "the Court may".
12Service on particular defendants
For Rule 6.04(d)(i) and (ii) of the Principal Rules substitute—
"(i)on the Attorney-General of the Commonwealth; or
(ii)on a person appointed by the Attorney-General to receive service in accordance with section 63 of the Judiciary Act 1903 of the Commonwealth;".
13How ordinary service effected
(1)In Rule 6.07(1)(b) of the Principal Rules, for "his" substitute "the person's".
(2)In Rule 6.07(2)(a) of the Principal Rules, for "hisor her" substitute "the individual's".
14Identity of person served
In Rule 6.08 of the Principal Rules, for "his identity or that he holds some office is evidence of his identity or that he" substitute "that person's identity or that the person holds some office is evidence of that person's identity or that the person".
15Acceptance of service by solicitor
In Rule 6.09(2) of the Principal Rules, for "shall,unless the solicitor is shown not to have had authority to accept service, be taken to have been served on the person on the day the solicitor made the note." substitute "shall be taken to have been served on the person on the day the solicitor made the note, unless the solicitor is shown not tohave had authority to accept service.".
16Service of other process by leave
In Rule 7.06(a)(ii) of the Principal Rules, for "hisor her" substitute "that person's".
17Application for leave
For Rule 7.08(4) of the Principal Rules substitute—
"(4)Where any document is served out of Australia by order of the Court made under Rule 7.06 or 7.07, the following shall be served with the document—
(a)a copy of the order, a copy of any affidavit made in support of the application for the order; and
(b)unless the Court otherwise orders, a copy of any exhibit referred to in the affidavit.".
18Rule 8.09 substituted
For Rule 8.09 of the Principal Rules substitute—
"8.09 Setting aside writ or originating motion
Notwithstanding Rule 8.08, the Court, on application made by the defendant before filing an appearance, whether conditional or not, may exercise its jurisdiction to—
(a)set aside a writ or originating motion or its service;
(b)make an order under Rule 46.08; or
(c)stay a proceeding.".
19Addition, removal, substitution of party
In Rule 9.06(b) of the Principal Rules omit ",namely".
20Defendant dead at commencement of proceeding
In Rule 9.08(4) of the Principal Rules, after "Aproceeding" insert "commenced".
21When counterclaim allowed
In Rule 10.02(3) of the Principal Rules, for "his" substitute "the defendant's".
22Stay of claim
In Rule 10.07 of the Principal Rules, for "his" substitute "the defendant's".
23Time for appearance
For Rule 11.03(2)(b) of the Principal Rules substitute—
"(b)where the notice is to be served out of Victoria—
(i)the time limited by Rule 8.04(b), (c), (d) or (e) in the case of appearance by a defendant to a writ, whichever is appropriate; or
(ii)the time limited by any order of the Court authorising service of the notice.".
24Other requirements for service
In Rule 11.07(5) of the Principal Rules, for paragraphs (a) to (c) substitute—
"(a)any order or consent under Rule11.05(2);
(b)any order under paragraph (2) of this Rule made before the third party notice was filed fixing a period for service of the notice;
(c)any order under paragraph (3) of this Rule;
(d)the writ or other originating process;
(e)any pleadings or affidavits filed and served in the proceeding.".
25Appearance by third party
In Rule 11.08(3) of the Principal Rulesomit "shall".
26Counterclaim by third party
In Rule 11.10(1) of the Principal Rules, for "shallapply" substitute "applies".
27Default by third party
In Rule 11.11(2) of the Principal Rules, after "order" insert "as".
28Claim against another party
(1)In Rule 11.15(2) of the Principal Rules, for "shall" substitute "does".
(2)In Rule 11.15(3) of the Principal Rules, for "shallapply" substitute "applies".
29Fourth and subsequent parties
In Rule 11.16(1) of the Principal Rules, for "shallapply" substitute "applies".
30Counterclaim
In Rule 11.17 of the Principal Rules—
(a)for "shall" substitute "applies";
(b)omit "apply".
31Definitions for Order 12
In Rule 12.01 of the Principal Rules the definition of sheriff is revoked.
32Sheriff's interpleader
In Rule 12.03(1) of the Principal Rules, for "his" substitute "that person's".
33Admission of claim
In Rule 12.06 of the Principal Rules—
(a)in paragraph (b), after "claimed;" insert "and";
(b)in paragraph (c)—
(i)omit "the Court";
(ii)before "may" insert "the Court".
34Interpleader summons
In Rule 12.07(1) of the Principal Rules—
(a)omit "the Court may";
(b)after "withdrawn," insert "the Court may".
35Neutrality of applicant
(1)In Rule 12.10(2)(a) of the Principal Rules, for "mentioned" substitute "referred to".
(2)In Rule 12.10(3) of the Principal Rules, for "shallaffect" substitute "affects".
36Trial of interpleader question
In Rule 12.12(1) of the Principal Rules, for "shallapply" substitute "applies".
37Content of pleading
In Rule 13.02(1)(b) of the Principal Rules, after "on;" insert "and".
38Matter which must be pleaded
In Rule 13.07(2)(b) of the Principal Rules, for "isin possession of the land by himself or herself or the defendant's tenant" substitute "or the defendant's tenant is in possession of the land".
39Particulars of pleading
For Rule 13.10(3) of the Principal Rules substitute—
"(3)Without limiting paragraph (1), every pleading shall contain particulars of any—
(a)misrepresentation, fraud, breach of trust, wilful default or undue influence which is alleged; or
(b)disorder or disability of the mind, malice, fraudulent intention or other condition of the mind, including knowledge or notice which is alleged.".
40Admission and denials
(1)In Rule 13.12(1) of the Principal Rules, for "(4)" substitute "(3)".
(2)For Rule 13.12(2) to (4) of the Principal Rules substitute—
"(2)Where the party pleading intends to prove facts which are different to those pleaded by the opposite party, it shall not be sufficient for the party merely to deny or not to admit the facts so pleaded, but the party shall plead the facts the party intends to prove.
(3)Any allegation that a party has suffered damage and any allegation as to the amount of damages shall be taken to be denied unless specifically admitted.".
41Denial by joinder of issue
In Rule 13.13(4) of the Principal Rules, for "shalloperate" (where twice occurring) substitute "operates".
42Counterclaim
In Rule 13.15 of the Principal Rules—
(a)for "shall" substitute "applies";
(b)omit "apply".
43Heading to Order 15 amended
In the heading to Order 15 of the Principal Rules, for "PERSON" substitute "PERSONS".
44Definitions for Order 15
In Rule 15.01 of the Principal Rules, in the definition of handicapped person, for "his or her"substitute "that person's".
45Litigation guardian of person under disability
In Rule 15.02(1) and (2) of the Principal Rules, for "his or her" substitute "the person's".
46Appointment of litigation guardian
(1)For Rule 15.03(1) of the Principal Rules substitute—
"(1)A person may be a litigation guardian of a person under disability if the first-mentioned person—
(a)is not a person under disability; and
(b)has no interest in the proceeding adverse to that of the person under disability.".
(2)In Rule 15.03(6)(b)(ii) of the Principal Rules omit "said".
47Discovery
In Rule 15.07(2) of the Principal Rules, for "his or her" substitute "the person's".
48Execution against money in court
In Rule 15.09(1)(c) of the Principal Rules, for "thereof" substitute "of the money".
49Counterclaim and claim by third party notice
In Rule 15.10 of the Principal Rules, for "shallapply" substitute "applies".
50Representation of unascertained persons
(1)In Rule 16.01(2)(c) of the Principal Rules, for "thereof" substitute "of the class".
(2)In Rule 16.01(3) of the Principal Rules, after "judgment or" insert "an".
51Appearance under objection of person sued as partner
(1)For Rule 17.06(1) of the Principal Rules substitute—
"(1) A person served with originating process as a partner may file an appearance stating—
(a)that the person does so as a person served as a partner; and
(b)that the person denies that the person was a partner at any material time or is liable as such.".
(2)In Rule 17.06(3)(b) of the Principal Rules—
(a)in subparagraph (i), for "he or she" substitute "the person";
(b)in subparagraph (ii), for "his or her" substitute "the person's".
52Enforcement of judgment
(1)In Rule 17.07(1) of the Principal Rules—
(a)after "given or" insert "an";
(b)for paragraph (b)(iii) substitute—
"(iii)admitted in the person's pleading that the person is a partner; or".
(2)In Rule 17.07(2) of the Principal Rules, after "ajudgment or" insert "an".
53Charge on partner's interest
In Rule 17.11(4) of the Principal Rules, after "or" insert "an".
54Effect of judgment
In Rule 18.04(1) of the Principal Rules, after "given or" insert "an".
55Solicitor ceasing to act
In Rule 20.03(3)(b) of the Principal Rules, after "trial;" insert "or".
56Removal of solicitor from record
In Rule 20.04(1)(a)(i) of the Principal Rules omit "or" (where thirdly occurring).
57Address for service
(1)In Rule 20.05(1)(a) of the Principal Rules, for "his" substitute "the party's".
(2)For Rule 20.05(2) of the Principal Rules substitute—
"(2)The Court may by order direct what address shall be the address for service of a party for whom a solicitor has ceased to act where the Court—
(a)under Rule 20.03(3) or (4) gives a solicitor leave to file notice that the solicitor has ceased to act; or
(b)under Rule 20.04(1) by order declares that a solicitor has ceased to act.".
58Judgment for recovery of debt, damages or property
In Rule 21.03(1.2) of the Principal Rules, for "shall" substitute "does".
59Stay or judgment in proceeding
In Rule 23.01(1) of the Principal Rules—
(a)in paragraph (b), for "(b)" substitute "(a)";
(b)in paragraph (c), for "(c)" substitute "(b)".
60Rule 24.01 substituted
For Rule 24.01 of the Principal Rules substitute—
"24.01 Judgment on dismissal
The Court may order that a proceeding be dismissed for want of prosecution if the plaintiff—
(a)being required to serve a statement of claim, fails to do so within the time limited; or
(b)being entitled under Rule 48.02 to set the proceeding down for trial, does not do so within 28 days after the time the plaintiff becomes entitled.".
61Counterclaim and third party claim
In Rule 24.04 of the Principal Rules, for "shallapply" substitute "applies".
62Inherent jurisdiction
In Rule 24.05 of the Principal Rules, for "shallaffect" substitute "affects".
63Discontinuance or withdrawal of proceeding or claim
In Rule 25.02(4) of the Principal Rules, for "his" substitute "the defendant's".
64Heading to Order 26 amended
In the heading to Order 26 of the Principal Rules, for "OFFER" substitute "OFFERS".
65Heading to Part 2 of Order 26 amended
In the heading to Part 2 of Order 26 of the Principal Rules, for "OFFER" substitute "OFFERS".
66Disclosure of offer to court
In Rule 26.05(3) of the Principal Rules, for "shall" substitute "do".
67Party under disability
In Rule 26.06 of the Principal Rules, for "him or her and no acceptance by him or her" substitute "a person under disability and no acceptance by a person under disability".
68Heading of document
In Rule 27.02(6) of the Principal Rules, after "judgment or" insert "an".
69Form of document
In Rule 27.03(12) of the Principal Rules, for "andtelephone number" substitute ", telephone number and email address".
70Seal of Court
In Rule 28.04(1) of the Principal Rules, for "his or her" substitute "that person's".
71New Rule28.04A inserted
After Rule 28.04 of the Principal Rules insert—
"28.04A Requirements for seal of the Court if electronic filing used
(1)The seal of the Court shall not be required to be affixed to any document prior to it being uploaded into CITEC Confirm.
(2)The affixing by CITEC Confirm of an electronic watermark or electronic stamp containing a facsimile of the seal of the Court to a document filed in CITEC Confirm is sufficient compliance with any requirement of these Rules or any order of the Court that the document be sealed with the seal of the Court.
(3)This Rule applies despite anything to the contrary in Rule 28.04.".
72Inspection of documents
In Rule 28.05(1) of the Principal Rules, for "may,on payment of the proper fee," substitute ",on payment of the proper fee, may".
73Documents that may not be filed electronically
In Rule 28.13(1)(a) of the Principal Rules, after "any" insert "rules or".
74Scope of discovery
In Rule 29.01.1(4)(b) of the Principal Rules, for "his, her or its" substitute "the party's".
75Notice for discovery
In Rule 29.02(1) of the Principal Rules—
(a)omit "may";
(b)after "those parties" insert ", may".
76Rule 29.03 substituted
For Rule 29.03 of the Principal Rules substitute—
"29.03 Discovery after notice
A party upon whom a notice for discovery is served shall make discovery of documents within 42 days after the later of—
(a)service of the notice; or
(b) the day upon which the notice is taken by virtue of Rule 29.02(3) to have been served.".
77Co-defendants and third party
In Rule 29.06(2) of the Principal Rules, for "shallapply" substitute "applies".
78Default notice
In Rule 29.12.1(4) of the Principal Rules, for "shall apply" substitute "applies".
79Default on discovery
In Rule 29.14(3) of the Principal Rules, for "thereof" substitute "of the order".
80Source for answers to interrogatories
In Rule 30.05(1)(g) of the Principal Rules, for "shall apply" substitute "applies".
81Who to answer interrogatories
In Rule 30.08(1)(a)(ii) of the Principal Rules, for "his or her" substitute "that person's".
82Default notice
In Rule 30.09.1(4) of the Principal Rules, for "shall apply" substitute "applies".
83Non-compliance with order
In Rule 30.10(3) of the Principal Rules, for "thereof" substitute "of the order".
84Effect of consent
In Rule 31.05(b) and (c)(ii) of the Principal Rules, for "shall apply" substitute "applies".
85Party an applicant, inspection of documents and direction of documents
In Rules 32.04, 32.06, 32.09 and 32.10 of the Principal Rules, for "shall apply" substitute "applies".
86Counterclaim
In Rule 33.02 of the Principal Rules, for "shallapply" substitute "applies".
87Expenses
In Rule 33.05(2) of the Principal Rules—
(a)omit "shall";
(b)after "examined," insert "shall".
88No evidence unless disclosed in report
In Rule 33.12 of the Principal Rules, for "Save" substitute "Except".
89Voluntary admission of facts
In Rule 35.02(2) of the Principal Rules—
(a)omit "may";
(b)after "Court," insert "may".
90General
(1)In Rule 36.01(6) of the Principal Rules—
(a)for "The Court may, notwithstanding" substitute "Notwithstanding";
(b)after "commenced," insert "the Court may".
(2)In Rule 36.01(8) of the Principal Rules, for "shallapply" substitute "applies".
(3)In Rule 36.01(9) of the Principal Rules, after "or" insert "an".
91Amendment of judgment or order
In Rule 36.07 of the Principal Rules, before "order" (where twice occurring) insert "an".
92Payment into Court in discharge of lien
In Rule 37.05(2) of the Principal Rules, for "shallapply" substitute "applies".
93Default by receiver
In Rule 39.08(2) of the Principal Rules—
(a)omit "may" (where second occurring);