ORDER 3—TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST 10 3.01 Definitions 10 3.02 TEC List Judges to manage cases in List 12 3.03 Entry into TEC List 12 3.04 Directions 13 3.05 Removal from TEC List 13 ORDER 4—APPEALS FROM TRIBUNALS 14 PART 1—INTRODUCTION 14 4.01 Application 14 4.02 Definitions 14 PART 2—APPEAL TO TRIAL DIVISION 14 4.03 Appeal to Court constituted by a Judge of the Court 14 4.04 Commencement of appeal 15 4.05 to appeal 15 4.06 Application for leave 15 4.07 Affidavit in support 16 4.08 Summons before Associate Judge 17 4.09 Hearing of application 17 4.10 Appeal 18 4.11 Notice of appeal 18 4.12 Appellant to file affidavit 19 4.13 Directions 20 4.14 Expedition 21 PART 3—APPLICATION FOR LEAVE TO APPEAL AND APPEAL TO THE COURT OF APPEAL 21 4.15 Commencement of application for to appeal or appeal 21 4.16 Application of Order 64 of Chapter I 22 ORDER 5—CASE STATED BY A TRIBUNAL 23 5.01 Application 23 5.02 Definitions 23 5.03 Preparation of 23 5.04 Approved or altered draft 24 5.05 Settling of the draft 24 5.06 Delivery to recording officer 25 5.07 Delivery of special case and certification of copies 25 5.08 Reference to documents 25 5.09 Copies of documents 26 Trial trial trial
Judge 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— Rule 1.11(2)(a) amended by S.R. No. 100/2008 rule 14(2)(a). of a proceeding shall not be held before an Associate Judge; and Rule 1.11(2)(b) amended by S.R. No. 100/2008 rule 14(2)(a). Associate shall not give any judgment or make any order at the of a proceeding. Rule 1.11(3) amended by S.R. No. 100/2008 rule 14(2)(a), substituted by S.R. No. 44/2009 rule 12(1). (3) Except as provided by paragraph (4), an Associate Judge may— the of a proceeding give judgment or make an order by consent of all parties; and determine a trial of an undefended civil proceeding. Rule 1.11(4) amended by S.R. No. 100/2008 rule 14(2)(b)(i). (4) An Associate shall not have authority to hear or determine— Trial Trial
COMMERCIAL LIST Rule 2.01 substituted by S.R. No. 47/2014 rule 5. 2.01 Definitions In this Order— Commercial List or List means the list of Judge managed commercial proceedings compiled by the Prothonotary; Commercial List Judge means a Judge of the Court nominated by the Chief Justice to be a Commercial List Judge; commercial proceeding means any proceeding commenced by writ, originating motion or originating process in Form 5F of Chapter I— 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 which there is a question that has importance in trade or commerce. Rule 2.02 substituted by S.R. No. 47/2014 rule 5. 2.02 Commercial List Judges to manage cases in List (1) Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a Commercial List Judge. (2) The powers of the Court in relation to a proceeding in the Commercial List may be exercised by a Judge of the Court other than a Commercial List Judge— a Commercial List Judge so requests; or in special or urgent circumstances that other Judge of the Court thinks fit to exercise them. (3) Subject to 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to
(1) If the draft is not returned within the time allowed or the parties cannot agree on the form of the draft within seven days of its return, the party who prepared the draft shall forward it to the chairman without delay. (2) Upon receiving the draft, the chairman may hear the parties or any of them or their counsel or solicitors as the chairman thinks fit and shall settle the draft and return it to the party who prepared the draft and that party shall prepare a sufficient number of copies of the settled draft. 5.06 Delivery to recording officer (1) Within days after the draft has been agreed or settled all copies, one of which shall be signed by the parties, shall be delivered to the recording officer. (2) The recording officer shall submit the signed copy to the chairman for signature and that copy, if and when signed by the chairman, shall be the special case. 5.07 Delivery of special case and certification of copies The recording officer all copies of the special case; one copy as a record for the tribunal; the special case to the Prothonotary; trial
request to treat the objection as an appeal; and other documents in the Commissioner's possession or control which are necessary for the hearing and determination of the appeal. 7.07 Affidavit and directions Within 14 days after receiving the notice given under Rule 7.05(3) the objector shall— in the Court and serve on the Commissioner an affidavit setting out the acts, facts, matters and circumstances relating to— assessment, order, decision or determination to which the objection was made; (ii) the ground or grounds upon which the objector relies; for directions. __________________ Order 7A (Headings and rules 7A.01–7A.07) inserted by S.R. No. 42/2009 rule 5. 7A APPEALS THE UNCLAIMED MONEY ACT 2008 PART 1—GENERAL Rule 7A.01 inserted by S.R. No. 42/2009 rule 5.
(1) An application to set the registration of a judgment shall be made by summons in the proceeding in which the judgment was registered. (2) The summons— set out the grounds of the application; and be supported by affidavit. (3) The summons and any affidavit in support be served on the person who procured registration of the judgment. 11.09 Enforcement of judgment A registered judgment may not be enforced period prescribed under Rule 11.06(1)(a), or any extended period, has expired; determination by the Court of any application to set aside the registration of the judgment; has been filed in the Court— affidavit of service of the notice of registration; (ii) a copy of the notice of registration; and order of the Court in relation to the judgment has been authenticated and filed. 11.10 Certified copy of Victorian judgment (1) An application section 15 of the Act may be made without notice to any person.
attend, the Court may make orders in your absence and without further notice. HEARING The application will be heard before ………………………… in Court No…., Supreme Court of Victoria, [insert address], Melbourne on [insert date] at [insert time] or so soon afterwards as the business of the Court allows. [If applicable] The Court has ordered that the time for serving this application be abridged to [Court to insert date]. Prothonotary ORDERS SOUGHT: The applicant seeks— 1. an order under article 8 of the Model Law that [identify parties and dispute to be referred] to arbitration; 2. [State briefly but specifically any other orders sought]. ACCOMPANYING DOCUMENTS This application must be accompanied by— 1. a copy of the arbitration agreement; and 2. an affidavit stating the material facts on which the application for relief is based. APPLICANT'S ADDRESS The applicant's address for service is: Place: Email:
Form 2–9G inserted by S.R. No. 205/2014 rule 6. 2–9G Rule 9.06(3)(c) IN THE SUPREME COURT OF VICTORIA AT COMMERCIAL COURT ARBITRATION LIST S CI No. BETWEEN Applicant AND Respondent (Section 23 of the International Arbitration Act 1974 of the Commonwealth) Date of Document: Filed on behalf of: Prepared by: Lawyer Code: DX: Tel: Email: TO DOCUMENTS SUBPOENA
AND Respondent (Section 27B of the Commercial Arbitration 2011) Date of Document: Filed on behalf of: Prepared by: Lawyer Code: DX: Tel: Email: Ref: TO THE RESPONDENT: [name] of [address] The applicant [name], being a party to an arbitration agreement, applies for an order under section 27B of the Commercial Arbitration Act 2011 that [identify person against whom order sought] *attend before the Court for examination/*produce certain documents to the Court/*do certain things and for the other relief set out in this application. ACTION REQUIRED The will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice. You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding. DOCUMENTS
Lawyer Code: DX: Tel: Email: Ref: TO THE RESPONDENT: The applicant [name], being a party to an arbitration agreement, applies for an order under section 11(3), 11(4), 13(4), 14, 16(9), 17H, 17I, 17J, 19(6) or 27 of the Commercial Arbitration Act 2011 [delete whichever is inapplicable] that [specify details of the order sought] and for the other relief set out in this application. ACTION REQUIRED The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, the Court may make orders in your absence and without further notice. You must file a notice of address for service (Form 2–1A) before attending Court or taking any other steps in the proceeding. HEARING The application will be heard before ………………………… in Court No…., Supreme Court of Victoria, [insert address], Melbourne on [insert date] at [insert time] or so soon afterwards as the business of the Court allows. [If applicable] The Court has ordered that the time for serving this application be abridged to [Court to insert date]. FILED: Prothonotary SOUGHT The applicant
1. an order under section 11(3), 11(4), 13(3), 14, 16(3), 17H(4), 17I, 17J or 27 of the Commercial Arbitration Act 2011 [delete whichever is inapplicable] that [specify details of order sought]; 2. [State briefly but specifically any other relief sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit stating the material on which the claim for relief is based. APPLICANT'S ADDRESS The applicant's address for service is: Place: Email: The applicant's address is [if the applicant is an individual, place of residence or business; if the applicant is a company, principal place of business] SERVICE ON THE RESPONDENT [Select one of these three options and delete the others] *It is intended to serve this application on the respondent/*all respondents. *It is intended to serve this application on the following respondents: [insert name of each respondent on whom application is to be served]. *It is not intended to serve this application on *the respondent/*any respondent. Date: ............................................. Signed by [name] [insert capacity: e.g. applicant lawyer for the applicant] *Delete if inapplicable. __________________
[Signed by employer or employer's solicitor] [Schedule of payments to be attached] _______________ 2–18B Rule 18.04 IN THE SUPREME OF VICTORIA 20 No. AT BETWEEN A.B. Plaintiff and C.D. Defendant and E.F. Employer TO THE PLAINTIFF AND TO THE DEFENDANT TAKE NOTICE that in addition to the payments of compensation set out in the Schedule to the Application of the Employer filed on [insert date], the employer has made further payments of compensation set out in the Schedule. [Signed by party or party's solicitor] FILED: [Schedule of further payments to be attached]