Version No. 013
Supreme Court (Miscellaneous Civil Proceedings) Rules 1998
S.R. No. 110/1998
Version incorporating amendments as at 12 December 2005
table of provisions
Rule Page
ix
Rule Page
Order 1 1
PRELIMINARY 1
PART 1—GENERAL 1
1.01 Title 1
1.02 Object 1
1.03 Authorising provisions 1
1.04 Commencement 1
1.05 Revocation 2
1.06 Application 2
1.07 Rules of general procedure 2
PART 2—TRIAL DIVISION 2
1.08 Application of Part 2
1.09 Process 2
1.10 Address for service 3
1.11 Jurisdiction of Master 3
1.12 Application to be supported by affidavit 4
Order 2 4
COMMERCIAL LIST 4
2.01 Definitions 4
2.02 Judge to control List 5
2.03 Entry into Commercial List 6
2.04 Summons for directions 6
2.05 No certificate of readiness 7
2.06 Removal from Commercial List 7
Order 3 7
BUILDING CASES 7
3.01 Definitions 7
3.02 Judge to control List 8
3.03 Entry into Building Cases List 9
3.04 Summons for directions 9
3.05 Removal from Building Case List 9
Order 4 10
APPEALS FROM TRIBUNALS 10
PART 1—INTRODUCTION 10
4.01 Application 10
4.02 Definitions 10
PART 2—APPEAL TO TRIAL DIVISION 10
4.03 Appeal to Court constituted by a Judge 10
4.04 Commencement of appeal 10
4.05 Leave to appeal 11
4.06 Application for leave 11
4.07 Affidavit in support 12
4.08 Summons before Master 12
4.09 Hearing of application 13
4.10 Appeal 13
4.11 Notice of appeal 13
4.12 Appellant to file affidavit 14
4.13 Directions 15
4.14 Expedition 16
PART 3—APPEAL TO COURT OF APPEAL 16
4.15 Commencement of Appeal 16
4.16 Application for leave to appeal 17
4.17 Notice of appeal 17
4.17.1 Affidavit to be filed if leave not needed 18
4.18 Application of Order 64 of Chapter I 18
4.19 Exercise of jurisdiction and powers 19
Order 5 19
CASE STATED BY A TRIBUNAL 19
5.01 Application 19
5.02 Definitions 19
5.03 Preparation of draft 20
5.04 Approved or altered draft 20
5.05 Settling of the draft 20
5.06 Delivery to recording officer 21
5.07 Delivery of special case and certification of copies 21
5.08 Reference to documents 22
5.09 Copies of documents 22
Order 6 22
REFERENCE BY A TRIBUNAL OF A QUESTION OF LAW 22
6.01 Application 22
6.02 Procedure on reference 22
Order 7 23
VICTORIAN TAXATION APPEALS 23
PART 1—GENERAL 23
7.01 Definitions 23
7.02 Application 23
7.03 Procedure 24
7.04 Interlocutory applications in Trial Division 24
PART 2—APPEALS FROM THE COMMISSIONER 24
7.05 Setting down 24
7.06 Relevant documents 25
7.07 Affidavit and directions 25
Order 8 26
VALUATION OF LAND 26
PART 1—GENERAL 26
8.01 Definitions 26
8.02 Application of Order 26
8.03 List 27
8.04 Judge in Charge 27
8.05 Directions 28
8.06 Application of Orders 4 and 6 29
PART 2—VALUATION OF LAND ACT 1960 29
8.07 Definitions 29
8.08 Application of Part 2 29
8.09 Section 23(3) 29
8.10 Setting Down 29
8.11 Rating authority to file documents 30
8.12 Affidavit and directions 31
PART 3—LAND ACQUISITION AND COMPENSATION ACT1986 32
8.13 Definitions 32
8.14 Application of Part 3 32
8.15 Section 81(1)(c) 32
8.16 Filing of notice of referral 32
8.17 Directions 32
Order 9 33
COMMERCIAL ARBITRATION RULES 33
9.01 Definition 33
9.02 Application of Order 33
9.03 Jurisdiction 33
9.04 Enforcement of award 33
9.05 Indorsement and service of Order 34
9.06 Appeal under section 38 34
9.07 Application under section 39(1) 35
9.08 Application under section 42 or 43 35
9.09 Offer of compromise 35
9.10 Form of offer 35
9.11 Time for making, accepting, payment under etc. offer 35
9.12 Effect of offer 37
9.13 Disclosure of offer 37
9.14 Failure to comply with accepted offer 37
9.15 Costs where offer not accepted 38
9.16 Hearing on costs 38
Order 10 38
SERVICE AND EXECUTION OF PROCESS RULES 38
10.01 Definitions 38
10.02 How application made 39
10.03 Enforcement of judgment 39
10.04 Fees 39
10.05 Costs 40
Order 11 40
REGISTRATION OF JUDGMENTS 40
PART 1—Revoked 40
11.01–11.12 Revoked 40
PART 2—FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH 40
11.13 Definition 40
11.14 Application of Part 40
11.15 Application under section 6 by originating motion 41
11.16 Affidavit 41
11.17 Security for costs may be ordered 43
11.18 Order on application 43
11.19 Notice of registration 43
11.20 Application to set aside 44
11.21 Enforcement of judgment 44
11.22 Certified copy of Victorian judgment 45
11.23 Certificates 45
11.24 Master 46
Order 12 46
JURY SERVICE 46
PART 1—APPEALS 46
12.01 Definitions 46
12.02 Application 46
12.03 Lodgment of appeal under section 10 46
12.04 Papers for Judge 47
12.05 Judge to consider papers 47
12.06 Hearing of appeal 48
12.07 If appellant does not appear 48
PART 2—ABSENT JURORS 48
12.08 Application of Part 48
12.09 Juries Commissioner 49
12.10 Procedure 49
Order 13 49
CROSS-VESTING OF JURISDICTION RULES 49
13.01 Application 49
13.02 Definitions 49
13.03 Heading of documents 50
13.04 Application by Attorney-General 50
13.05 Removal of proceeding 50
13.06 Notice 50
13.07 Procedure after transfer 51
13.08 Conduct of proceeding 51
13.09 Directions 52
13.10 Exercise of powers of the Court 52
Order 14 52
ADMISSION TO PRACTISE AND SENIOR COUNSEL 52
Part 1—Admission to Practise 52
14.01 Definition 52
14.02 Revoked 53
14.03 Reference under section 341(3) 53
14.04 Appeal under section 2.3.11 54
14.05 Oath or affirmation of office—Form 2–14 54
14.06–14.09 Revoked 54
14.10 Application for admission 54
14.11 Applicants to appear in person 55
14.12 Objections 55
Part 2—SEnior Counsel 55
14.13 Qualification 55
14.14 Application 56
14.15 Appointment 56
Order 15 57
PROFESSIONAL PRACTICE 57
15.01 Definition 57
15.02 Appeal on a question of law 57
15.03 Removal from local roll 57
15.04 Revoked 58
Order 15A 58
PUBLIC NOTARIES 58
15A.01 Definitions 58
15A.02 Application for certificate of eligibility 59
15A.03 Certificate of eligibility 59
15A.04 Application for appointment as public notary 59
15A.05 Notice of application for appointment 59
15A.06 Oath of Office 59
15A.07 Notification after appointment 60
15A.08 Appeal from Board of Examiners 60
15A.09 Roll of public notaries 60
Order 16 61
FAMILY PROVISION 61
16.01 Definitions 61
16.02 Application of Order 61
16.03 Mode of application 62
16.04 Parties to application 62
16.05 Directions to be given 62
16.06 Summons for directions 62
16.07 Directions 63
16.08 Failure to comply with directions 63
16.09 Production of probate 63
16.10 Procedure after Order for plaintiff 64
Order 17 64
COURT AUTHORISED WILLS 64
17.01 Definition 64
17.02 Application of Order 64
17.03 Minors 65
17.04 Jurisdiction of Master under section 20 65
17.05 Want of testamentary capacity 65
17.06 If leave granted 67
17.07 Jurisdiction of Master under section 21 67
Order 18 67
WORKERS COMPENSATION 67
18.01 Definitions 67
18.02 Application of Order 67
18.03 Employer may join in proceeding 68
18.04 When further payments made 68
18.05 If payments are disputed 68
18.06 If payments are not disputed 68
18.07 Other party may seek reduction 69
18.08 When further payments made 69
18.09 If payments are disputed 69
18.10 If payments are not disputed 69
Order 19 70
WARDS OF COURT 70
19.01 Application of Order 70
19.02 Application 70
19.03 Notice by defendant 70
19.04 Evidence by affidavit 70
19.05 Minor ceases to be ward of Court 70
Order 20 71
COURT OF DISPUTED RETURNS 71
PART 1—INTERPRETATION 71
20.01 Definitions 71
20.02 Application of Order 71
PART 2—PETITIONS 71
20.03 Notice of petition 71
20.04 Summons for directions 71
20.05 Procedure on hearing 72
PART 3—REFERENCES OF QUESTIONS 72
20.06 Chief Justice to nominate Judge 72
20.07 Summons for directions 72
20.08 Parliamentary papers to be evidence 73
20.09 Procedure on hearing 73
Order 21 73
ALCOHOLICS AND DRUG-DEPENDENT PERSONS 73
21.01 Definition 73
21.02 Application of Order 73
21.03 Form of complaint 73
21.04 Form of order 73
21.05 Application for warrant 73
21.06 Application for retention of person in assessment centre 74
21.07 Evidence and procedure 74
21.08 Appeal against order to attend assessment centre 74
21.09 Stay of proceedings 75
21.10 Appeal against committal to treatment centre 75
21.11 Appeal under County Court Act 76
Order 22 76
CORONIAL INQUESTS 76
22.01 Application of Order 76
22.02 Notice 76
______
FORMS 77
Form 2-1A—Notice of Address for Service 77
Form 2–12A—Originating Motion 78
Form 2–12B—Affidavit in Support of Originating Motion to Deal With Absent Juror 79
Form 2–14—Oath of Office 80
Form 2–14A, 2–14B—Revoked 80
Form 2–15AA—Application for Certificate of Eligibility 81
Form 2–15AB—Certificate of Eligibility 83
Form 2-15AC—Affidavit in Support of Application for Appointment 84
Form 2–15AD—Notice of Intention to Apply for Appointment as a Public Notary 85
Form 2–15AE—Oath of Office 85
Form 2–15AF—Notification of Particulars and Specimen Seal 86
Form 2–18A—Notice by Employer Seeking Judgment 87
Form 2–18B—Notice of Further Payments 88
Form 2–18C—Notice of Dispute 89
Form 2–18D—Notice to Reduce Payments 90
Form 2–18E—Notice of Further Payments 91
Form 2–18F—Notice to Dispute 92
Form 2–19A—Originating Motion 93
Form 2–21A—Complaint 95
Form 2–21B—Order 96
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EndnOTES 98
1. General Information 98
2. Table of Amendments 99
3. Explanatory Details 100
ix
Version No. 013
Supreme Court (Miscellaneous Civil Proceedings) Rules 1998
S.R. No. 110/1998
Version incorporating amendments as at 12 December 2005
100
Supreme Court (Miscellaneous Civil Proceedings) Rules 1998
S.R. No. 110/1998
The Judges of the Supreme Court make the following Rules:
Order 1
PRELIMINARY
PART 1—GENERAL
1.01 Title
These Rules constitute Chapter II of the Rules of the Supreme Court and are entitled the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998.
1.02 Object
The object of these Rules is to re-make with amendments the Rules which establish procedures for certain miscellaneous civil proceedings in the Court.
1.03 Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
1.04 Commencement
These Rules come into operation on 31 August 1998.
1.05 Revocation
r. 1.05
Chapter II of the Rules of the Supreme Court, the Rules of Procedure in Miscellaneous Civil Proceedings 1988[1], is revoked.
1.06 Application
These Rules apply to any proceeding in the Court with respect to which provision is made by these Rules, whether the proceeding was commenced before, on or after the day on which they come into operation.
1.07 Rules of general procedure
Except so far as is otherwise provided by these Rules or any Act, Chapter I of the Rules of the Supreme Court for the time being in force and the general practice of the Court apply so far as practicable in relation to a proceeding to which these Rules apply.
PART 2—TRIAL DIVISION
1.08 Application of Part
This Part applies to any proceeding in the Trial Division of the Court to which these Rules apply.
1.09 Process
Subject to these Rules—
(a) a proceeding to which this Part applies shall be commenced by originating motion in accordance with Chapter I;
(b) an interlocutory or other application in a proceeding to which this Part applies and made on notice to any person shall be by summons in accordance with Chapter I.
1.10 Address for service
r. 1.10
A person served with any process by which a proceeding is commenced shall not take any step in the proceeding or be heard by the Court unless the person has first—
(a) when required to file an appearance, filed an appearance in accordance with Rule 8.05 of Chapter I; or
(b) when not required to file an appearance, filed and served a notice of address for service in Form 2–1A.
1.11 Jurisdiction of Master
(1) Except where otherwise provided by these Rules, a Master, in addition to exercising the powers and authorities conferred on a Master by any other provision of these Rules or by any Act may, in any proceeding to which this Part applies, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court.
(2) Subject to paragraph (3) and these Rules, the trial of a proceeding shall not be held before a Master and a Master shall not give any judgment or make any order at the trial of a proceeding.
(3) Except as provided by paragraph (4), a Master may at the trial of a proceeding give judgment or make an order by consent of all parties.
(4) A Master shall not have authority to hear or determine—
(a) any application which by these Rules or any Act is required to be heard only by a Judge; or
(b) any proceeding relating to the liberty of the subject.
(5) This Rule has effect as if it contained, modified as necessary, Rules 77.02(6), 77.03, 77.04, 77.06, 77.07 and 77.08 of Chapter I.
1.12 Application to be supported by affidavit
r. 1.12
(1) In a proceeding to which this Part applies evidence shall be given by affidavit except where otherwise provided by any Act or these Rules or where the Court otherwise orders.
(2) An affidavit in support of an application made without notice to any person shall show the parties interested and their interests.
(3) Any document referred to as an exhibit to an affidavit shall be made available for inspection by any person on whom service of a copy of the affidavit is required.
Order 2
COMMERCIAL LIST
2.01 Definitions
In this Order—
"commercial proceeding" means any proceeding commenced by writ or originating motion—
(a) which arises out of ordinary commercial transactions, including any proceeding relating to—
(i) the construction of commercial, shipping or transport documents;
(ii) the export or import of merchandise;
(iii) the carriage of goods for the purpose of trade or commerce;
(iv) insurance;
(v) banking;
(vi) finance;
(vii) commercial agency;
(viii) commercial usage; or
(b) in which there is a question that has importance in trade or commerce;
"Commercial List" or "List" means a list of commercial proceedings compiled by the Prothonotary;
"Commercial List Judge" means a Judge, not being the Judge in charge, nominated by the Chief Justice;
"Judge in charge" means a Judge nominated by the Chief Justice to be in charge of the Commercial List.