Civil Forms

 

Affidavit
This is a document that sets out, in numbered paragraphs, information that the person swearing the Affidavit (called the deponent), wishes to present to the court in written form.
CIF_Affidavit.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (17.99 KB)
Affidavit of Documents
This document is sworn by a person who has either possession or control of documents that are of relevance or interest to the parties to the proceeding. The person swearing the Affidavit will set this information out in a schedule within the document.
CIF_Affidavit of documents_Form29B.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (19.42 KB)
Affidavit of Service Writ (Person)
This document is completed and sworn by the person who served a writ on a defendant, often a process server, stating when and where the defendant was served. It must detail how the defendant was identified
CIF_Affidavit of Service Person.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (17.49 KB)
Affidavit of Service Writ (Company)
This document is completed and sworn by the person who served a writ. The most common means is by posting by pre-paid ordinary mail, it can also be left at the Registered office of the company with a responsible person in the company.
CIF_Affidavit of Service Writ Company.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.15 KB)
Application for Order to Examine and/or Produce
These forms are used by a Judgment Creditor to make an application to bring a Judgment debtor (a person ordered to pay money by the Court) to the County Court to be asked questions about his or her finances. The Judgment Creditor asks questions in the presence of the Court Registrar.
CIF_OOE Application and Supporting Affidavit.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (22.37 KB)
CIF_Order to Attend for Oral Examination.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (24.30 KB)
Application for Instalment Order (Kit)
(Includes an instruction sheet; application; affidavit of financial situation; and affidavit of service) This is the Information provided to a Judgment Debtor who wishes to apply to the Court to pay off a Civil Judgment by regular Instalments.
CIF_Instalment Order kit Application Judgment Debt Recovery Act Forms_12Oct2012.doc View/Download File type msword icon (66.00 KB)
Application for Leave to Appear and Defend (Instruments Act 1958)
This document is required to be lodged by Defendants in an Instruments Act 1958 matter. This application is returnable in the Practice Court
CIF_Application for leave to appear and to defend.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.56 KB)
Attachment of Earnings Summons (Form 72A) / Affidavit in Support (Form 72B)
These documents are required to be filed by a Judgment Creditor who wishes to apply to the Court to have the debt owed to him by a Judgment Debtor, deducted by the debtor's employer from the debtor's earnings ie: wages, salary pension. The Affidavit is completed and sworn by the Judgment Creditor and details the grounds of the application.
CIF_Attachment of Earnings.doc View/Download File type msword icon (54.00 KB)
Case Transfers
The attached forms are those most commonly used when applying to transfer cases down to the Magistrates' Court or up to the Supreme Court from the County Court. More details may be obtained from the Courts (Case Transfer) Act 1991 No.43/1991 and the Courts (Case Transfer) Rules 2001 Statutory Rule No.92/2001.
Form 2 - Notice of Objection Form View/Download File type msword icon (28.00 KB)
Form 4 - Referral Under Part 3 View/Download File type msword icon (28.00 KB)
Form 6 - Part 5 Application by Plaintiff - (to transfer DOWN to the Magistrates' Court) View/Download File type msword icon (28.50 KB)
Form 7 - Part 5 Application by Defendant - (to transfer UP to the Supreme Court on a Counterclaim) View/Download File type msword icon (27.50 KB)
Certificate of Judgment
A document issued to evidence a judgment made by the Court. Required to register a judgement interstate or in the Federal jurisdiction.
CIF_Certificate of Judgment.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.86 KB)
Certificate of Readiness Serious Injury Expedited List
By agreement parties are to submit this form when requesting a serious injury application proceed by way of the Serious Injury Expedited List.
Certificate of Readiness SIA Expedited List.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (22.92 KB)
Confiscation List Forms
The attached forms are those most commonly used in the Confiscation List under the Confiscation Act 1997 and the Proceeds of Crime Act 2002. Further forms may be found on the County Court (Chapter II Amendment No. 2) Rules 1999 Statutory Rule No. 114/1999.
Form 2-10B for Application for Restraining Order.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (16.40 KB)
Form 2-10F for Application for Forfeiture Order.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (15.70 KB)
Form 2-10D for Application for Exclusion Order.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (15.08 KB)
Form 2-10E for Application for Further Order or Variation Order.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (16.72 KB)
Consent Order and Minutes of Consent under Order 59.06
(Both forms required under O.59.06) Documents used if all parties to a proceeding agree upon the terms in which judgment should be given, or an order made. Minutes of Consent states the terms of the judgment or Order sought and is expressed as being by consent. The Consent Order is a form of judgment or order signed by the Solicitor on the record for each party.
CIF_Consent Order 59.06.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.28 KB)
Default Judgment for Debt (Form 60G)
This is the main Form used to apply for a 'Judgment in Default' for monies owing, following the defendant failing to file either a Notice of Appearance or a Defence.
CIF_Default Judgment for Debt Form 60G.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (19.16 KB)
General Form of Order (Form 60C)
This is a document drafted by a party to the proceeding that contains the Order made by a Registrar. It is sent to the Court in triplicate so that it can be checked and stamped (authenticated) by a Registry staff member and the copies returned to the lodging party
CIF_General Form of Order_Form 60C.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.22 KB)
Interlocutory Judgment for Damages (Form 60J)
This is the main form used to apply for a 'Judgment for Damages' ie an unspecified amount, either because the defendant has failed to file a Notice of Appearance or a Defence. The matter is later set down before a judge to be assessed.
CIF_Interlocutory Judgment for Damages Form 60J.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (24.96 KB)
Mediation Decision Sheet
When a matter is sent for mediation, the mediator must advise the Court of the outcome of the mediation. This is the document that the mediator completes and lodges with the Court.
CIF_Mediation Decision Sheet.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.64 KB)
Notice of Appearance--under Rule 8.05(2) (Form 8A)
This is the first document a Defendant must lodge at the Court. Required to be filed within 10 days of being served with a Writ. It tells the Plaintiff that the defendant intends to defend the matter. A sealed copy has to be served on the plaintiff the same day the notice is filed with the Court.
CIF_Notice of Appearance_Form 8A.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (20.44 KB)
Notice of Application for Suppression Order
This form may be used to apply to the County Court for a suppression order pursuant to section 10(1) of the Open Courts Act 2013 (Vic). This form is to be filed via email to suppression_notice@countycourt.vic.gov.au
Form 82A Notice of Application for Suppression Order.doc View/Download File type msword icon (35.50 KB)
Notice of Defence
A Notice of Defence is a response to the allegations made by the Plaintiff in the Statement of Claim. A Notice of Defence should be set out in numbered paragraphs. The Defendant must state whether they are denying, admitting, or not admitting to each of the allegations.
CIF_Notice of Defence.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (21.02 KB)
Notice of Discontinuance
This document is lodged by the Plaintiff if they do not wish to continue with a proceeding. If the case has progressed and pleadings have closed, then the defendant has to also sign this document.
CIF_Notice of Discontinuance.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.21 KB)
Notice of Discovery (Form 29A)
Please note that this form cannot be filed except by Court order.
Notice of Discovery.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (13.48 KB)
Notice of Objection to JDR Order
This form is filed by either the Judgment Debtor or Judgment Creditor to lodge an objection to an order of a Deputy Registrar made in relation to a JDR Application.
CIF_Notice of Objection to JDR Order_Form 61F.doc View/Download File type msword icon (30.50 KB)
Notice of Solicitor Acting
This document is filed when the previous acting solicitor has ceased to act in the matter, or when the Plaintiff / Defendant has never been legally represented in the matter but has filed a Notice of Appearance. Please note this is a not a prescribed form.
Notice of Solicitor Acting.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (13.31 KB)
Notice of Solicitor Ceasing to Act
This document is filed when the current acting solicitor wishes to cease to act for the Plaintiff / Defendant. Please see Rule 20.03 which outlines when this document cannot be filed. Please note this is a not a prescribed form.
Notice of Solicitor Ceasing to Act.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (13.52 KB)
Notice to Produce
A party to a proceeding may serve on any other party a notice requiring him to produce the documents mentioned in the notice on any application in or at the trial of the proceeding.
CIF_Notice to Produce_Form29C.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (18.12 KB)
Order Approving Compromise of Claim for Person Under Disability (Form 15A)
This document is to be used when the claim of a proceeding is made on or on behalf of or against a person under disability
CIF_Order Approving Compromise_Form15A.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (24.96 KB)
Order Approving Compromise of Claim for Person Under Disability (Form 15B)
This document is to be used when the claim of a proceeding is made on or on behalf of or against a person under disability if the order approving compromise is made under Part III of the Wrongs Act
CIF_Order Approving Compromise Claim_Form15B.doc View/Download File type msword icon (41.50 KB)
Originating Motion (where no defendant)
This document is filed in applications to the Court where their is no defendant in the matter.
This is an initiating document used to commence civil proceedings in certain situations eg: under an Act of Parliament or if the View/Download File type msword icon (24.00 KB)
Originating Motion Between Parties (Form 5B)
CIF_Originating motion between parties_Form 5B-updated Feb 2016.doc View/Download File type msword icon (33.00 KB)
Overarching Obligation Certifications (Form 4A and Form 4AB)
Overarching Obligations Certification (Form 4A)
CIF_Overarching Obligations Certification_Form4A.doc View/Download File type msword icon (37.00 KB)
Form 4AB Prior Overarching.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (13.73 KB)
Proper Basis Certification (Form 4B)
Proper Basis Certification (Form 4B)
Proper Basis Certification (Form 4B) View/Download File type msword icon (24.00 KB)
Request to Enter List
This is a Form which is lodged with a Writ or an Originating Motion. The person lodging the originating process must sign this form and tick which court list the Writ or Originating Motion is to be entered into.
CIF_Request to Enter a List DIVISIONS - amended 2 Oct 2015.doc View/Download File type msword icon (55.00 KB)
Search For an Appearance
This is a document that must be filed with a Default Judgment which is sought in default of the Defendant/s filing a Notice of Appearance. Please note this is a not a prescribed form.
Search For Appearance.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (19.31 KB)
Service & Execution of Process Act (C'wth)
The following 3 forms are prescribed under Commonwealth legislation and are a requirement of interstate service ie they must be attached to the said document.
Notice to Defendant (Form 1) View/Download File type msword icon (24.00 KB)
Notice to Witness (Subpoena) (Form 2) View/Download File type msword icon (25.50 KB)
Notice to Witness (Form 3) View/Download File type msword icon (27.50 KB)
Statutory Declaration
Is a written statement of facts which is signed by the declarant and which is solemnly declared to be true before a person who is authorised to witness the signing of a statutory declaration.
Statutory Declaration View/Download File type msword icon (45.50 KB)
Subpoenas
Two types of subpoenas may be issued in civil proceedings of the County Court: • Form 42A subpoena – this subpoena is issued pursuant to Order 42 of the Rules. Subpoenaed documents are produced for the day of the trial and cannot be viewed without an order from a Judge or permission of the Registrar. • Form 42AA subpoena – this subpoena is issued pursuant to Order 42A of the Rules. Subpoenaed documents are produced before the day of the trial. Solicitors for the parties are entitled to inspect and/or copy the subpoenaed records if criteria set out in Order 42A have been met.
Subpoena (Form 42A) View/Download File type msword icon (36.50 KB)
Notice to Addressee and Declaration (Form 42B) View/Download File type msword icon (25.50 KB)
Subpoena for Production to Registrar (Form 42AA) View/Download File type msword icon (36.00 KB)
Notice to Addressee and Declaration (Form 42AB) View/Download File type msword icon (28.50 KB)
Affidavit of Service of Subpoena on Solicitor View/Download File type msword icon (27.00 KB)
Application by Solicitor to remove documents View/Download File type msword icon (39.00 KB)
Issuing checklist for solicitors View/Download File type pdf icon (82.60 KB)
Appointment checklist for solicitors View/Download File type pdf icon (130.13 KB)
Checklist for addressee View/Download File type pdf icon (157.38 KB)
Subpoenas pursuant to the Trans-Tasman Proceedings Act 2010
Subpoena to give evidence (New Zealand) - Form 7AA View/Download File type msword icon (59.00 KB)
Subpoena to produce documents (New Zealand) - Form 7AB View/Download File type msword icon (70.00 KB)
Subpoena to give evidence and produce documents (New Zealand) - Form 7AC View/Download File type msword icon (69.50 KB)
Certificate of non-compliance with subpoena (New Zealand) - Form 7AD View/Download File type msword icon (44.50 KB)
Summons
This is a document that is used to make an application to the Court in respect of a proceeding that has already commenced. It applies to a wide range of applications eg: to have a judgment set aside or a defence to be struck out.
Form 46A Summons View/Download File type msword icon (33.00 KB)
Third Party Notice
This document is filed by a Defendant in a matter whereby they claim against another person not already a party to the proceeding. The claim against the Third Party must be connected with the original claim by the Plaintiff against the
Third Party Notice (Form 11A) View/Download File type msword icon (51.00 KB)
Warrant of Possession - under Rule 68.08 (Form 68B)
This document is issued at the court but then returned to the Plaintiff or his Solicitor who forwards it to the Sheriff for execution. The Sheriff is then entitled to take possession of property which is the subject of a Judgment for Possession of Property.
CIF_Warrant of Possession_Form 68B.doc View/Download File type msword icon (31.50 KB)
Warrant of Seizure and Sale
This document is issued at the court but then returned to the Plaintiff or his Solicitor who forwards it to the Sheriff for execution. The Sheriff is then entitled to seize and if necessary, sell property, to satisfy a Judgment for monies owing.
Warrant of Seizure and Sale View/Download File type msword icon (33.50 KB)
Writ - under Rule 5.02 (1) (Form 5A)
This is the most common initiating document used to commence civil proceedings at the County Court. Copies are filed at the court, numbered and sealed. Copies are then returned to the Plaintiff so they can be served on the defendant/s. Attached to the writ is a Statement of Claim which gives in numerated paragraphs a general description of the cause of action the plaintiff has against the defendant.
CIF_Writ_Form 5A.doc View/Download File type msword icon (33.50 KB)