Subdivision 4—Revocation by attorney 44 125M Resignation 44 125N Legal incapacity 44 125O Revocation if attorney becomes insolvent 44 125P Death 44 Subdivision 5—Revocation by Tribunal 44 125Q Revocation by Tribunal 44 Subdivision 6—Effect of revocation if more than one attorney 45 125R Effect of revocation if more than one attorney 45 Division 5—Protection from liability 45 125S Definitions 45 125T Protection if Court or Tribunal has given advice or direction or recommendation 46 125U Protection for attorney and third persons who are unaware of invalidity 46 Division 6—Jurisdiction of Tribunal 47 Subdivision 1—General powers of Tribunal 47 125V Application to Tribunal 47 125W Who is entitled to notice? 47 125X General power of revocation of Tribunal 48 125Y Declaration of invalidity 49 125Z Further powers of Tribunal 49 125ZA Advisory opinions 50 125ZB Records and audit 50 Subdivision 2—Rehearings 50 125ZC Application for rehearing 50 125ZD Parties and notice 51 125ZE Rehearing 52 125ZF Effect of first instance order pending rehearing 52 Division 7—General 52 Subdivision 1—Proof of enduring power of attorney 52 125ZG Proof of enduring power of attorney 52 125ZH Who may certify the copy? 53 125ZI Proof by certified copy of certified copy 54 125ZJ Other forms of proof not affected 54 125ZK References to enduring powers of attorney 54 Subdivision 2—Approval of forms 54 125ZL Approved forms 54
No. 3706 s. 4. S. 4 amended by Nos 7852 s. 2(a)(i)(ii), 110/1986 s. 134(b)(i) (ii)(iv), 35/1996 s. 453(Sch. 1 item 40.1). 4 Commencement of proceedings in the Supreme Court Any proceeding in the Supreme Court upon a bill after the same has become due may be by writ in the form contained in the Second Schedule to this Act and indorsed as therein mentioned. And it shall be lawful for the plaintiff on filing an affidavit— S. 4(a) amended by Nos 110/1986 s. 134(b)(iii), 44/2001 s. 3(Sch. item 65.1(a)). (a) where the defendant is a natural person, of personal service of such writ upon him or, where the Court makes an order for substituted service, of service in accordance with that order; or S. 4(aa) inserted by No. 8565 s. 24(9), substituted by No. 9699 s. 23, repealed by No. 44/2001 s. 3(Sch. item 65.1(b)). * * * * * S. 4(b) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 65.1(b)). (b) where the defendant is a company within the meaning of the Corporations Act, of service of such writ on the company in accordance with section 109X of that Act; or S. 4(c) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 65.1(b)). (c) where the defendant is a registered body within the meaning of the Corporations Act, of service of such writ on the registered body in accordance with section 601CX of that Act— s. 4 and a copy of the writ and the indorsements thereon, in case the defendant has not obtained leave to appear and appeared to such writ according to the exigency thereof, at once to enter final judgment for any sum not exceeding the sum indorsed on the writ together with the interest at
S. 117 repealed by No. 9421 s. 2, new s. 117 inserted by No. 9691 s. 3, amended by Nos 58/1986 s. 87(a), 7/1990 s. 11, 52/1998 s. 311(Sch. 1 item 43.1), repealed by No. 75/2003 s. 3(3). * * * * * S. 118 repealed by No. 9421 s. 2, new s. 118 inserted by No. 9691 s. 3, amended by Nos 58/1986 s. 87(b)–(d), 52/1998 s. 311(Sch. 1 item 43.2), repealed by No. 75/2003 s. 3(3). * * * * * Ss 119–125 repealed by No. 9421 s. 2. * * * * * s. 117 __________________ Pt 11A (Heading and ss inserted by No. 75/2003 s. 4. Division 1—Introductory New s. 114 inserted by No. 75/2003 s. 4. 114 Interpretation s. 114 (1) In this Part—
Victorian Civil and Administrative Tribunal Act 1998. Division 2—Making an enduring power of attorney New s. 115 inserted by No. 75/2003 s. 4. 115 What is an enduring power of attorney? s. 115 (1) By an enduring power of attorney, an adult person (donor) may— (a) authorise one or more persons (attorneys) to do anything on behalf of the donor that the donor can lawfully authorise an attorney to do; and (b) provide conditions and limitations on, and instructions about, the exercise of the power. (2) Despite any rule of law to the contrary, an enduring power of attorney is not revoked by the subsequent legal incapacity of the donor of the power. New s. 116 inserted by No. 75/2003 s. 4. 116 Recognition of enduring powers made in other States and Territories If an enduring power of attorney is made in another State or Territory and complies with the requirements of that other State or Territory, then, to the extent the powers it gives could validly have been given by an enduring power of attorney made under this Part, the enduring power of attorney is to be taken to be an enduring power of attorney made under, and in compliance with, this Part. New s. 117 inserted by No. 75/2003 s. 4. 117 When is the attorney's power exercisable? s. 117 (1) A donor may specify in an enduring power of attorney a time from which, circumstance in which, or occasion on which, a power is exercisable. (2) If the enduring power of attorney does not specify a time from which, circumstance in which, or
Notes 1 An approved form is a form approved by the Secretary to the Department of Justice under section 125ZL. 2 This is not the only way a power of attorney can be revoked in writing. See section 125H. S. 125J inserted by No. 75/2003 s. 4. 125J Revocation by later enduring power of attorney s. 125I A donor's enduring power of attorney is revoked, to the extent of any inconsistency, by a later enduring power of attorney of the donor. S. 125K inserted by No. 75/2003 s. 4. 125K Death An enduring power of attorney is revoked when the donor dies. Subdivision 3—Revocation according to terms S. 125L inserted by No. 75/2003 s. 4. 125L According to terms An enduring power of attorney is revoked according to its terms. Example If an enduring power of attorney is expressed to operate for or during a specified period, it is revoked at the end of that period. Subdivision 4—Revocation by attorney S. 125M inserted by No. 75/2003 s. 4. 125M Resignation (1) An attorney may resign as attorney by signed notice given to the donor. (2) Despite subsection (1), if a donor ceases to have legal capacity, an attorney under an enduring power of attorney may only resign as attorney with the leave of a court or the Tribunal.
Section 4. Sch. 2 amended by S.R. No. 375/1973 reg. 2(b), Nos 9279 s. 2, 16/1986 s. 32(b)(i)(ii), substituted by No. 110/1986 s. 134(h), amended by Nos 35/1996 s. 453(Sch. 1 items 40.2, 40.3), 84/1997 s. 50, 24/2008 s. 79, 78/2008 s. 26. SECOND SCHEDULE Sch. 2 TO THE DEFENDANT TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ. IF YOU INTEND TO DEFEND the proceeding YOU MUST GIVE NOTICE of your intention by first obtaining the leave of the Court to file an appearance and then filing an appearance within the proper time for appearance stated below. YOU OR YOUR LEGAL PRACTITIONER may file the appearance. An appearance is filed by— (a) filing a "Notice of Appearance" in the Prothonotary's office in the Law Courts, William Street, Melbourne, or, where the writ has been filed in the office of a Deputy Prothonotary, in the office of that Deputy Prothonotary; and (b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff's address for service, which is set out at the end of this writ. IF YOU FAIL to obtain the leave of the Court to file an appearance within the proper time and to file an appearance within that time, the plaintiff may ENTER JUDGMENT AGAINST YOU on the claim without further notice. THE PROPER TIME FOR OBTAINING LEAVE TO FILE AN APPEARANCE AND FOR FILING AN APPEARANCE is as follows— (a) where you reside within 80 kilometres of the post office corner of Bourke and Elizabeth Streets Melbourne, within 16 days after service; (b) where you reside beyond that distance, within 21 days after service. IF you pay the amount claimed, namely, $ and $ for legal costs to the plaintiff or his legal practitioner within the proper time stated above, this proceeding will come to an end. Notwithstanding the payment you may have the costs assessed by the . APPLICATION FOR LEAVE TO DEFEND must be made within the proper time stated above to an Associate Judge of the Court, Law Courts, . It is not necessary to give notice of the application to the plaintiff. THE COURT MAY GIVE LEAVE TO DEFEND if you—