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;
(1) On the hearing of the summons the Associate Judge may grant or refuse leave to appeal. Rule 4.09(2) amended by S.R. No. 100/2008 rule 16(1)(n). (2) Without limiting paragraph (1), the Associate Judge may refuse leave to appeal if satisfied— the applicant does not have a prima facie case on appeal; or to refuse leave would impose no substantial injustice. Rule 4.09(3) amended by S.R. No. 100/2008 rule 16(1)(n). (3) If leave to appeal is granted, the Associate Judge shall give directions with respect to the appeal. (4) If directions are given with respect to affidavits, no affidavit in respect of which directions have not been complied with shall be used without leave of the Court. Rule 4.09(5) amended by S.R. No. 100/2008 rule 16(1)(n). (5) The Associate Judge may in a proper case grant a stay of proceedings under the order of the tribunal. 4.10 Appeal Except as otherwise provided by any Act or Rule, an appeal from a tribunal shall be brought in accordance with Rule 4.11 and, unless leave to appeal has been given, Rules 4.12 and 4.13.
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 has ordered that the time for serving this application be abridged to [Court to insert date]. FILED: Prothonotary ORDERS SOUGHT The applicant 1. an order under section *23F/*23G of the International Arbitration Act 1974 of the Commonwealth that the disclosure of confidential information [insert details of the confidential information] be *prohibited/*allowed *absolutely/*on the following terms. [insert any terms sought]; 2. briefly but specifically any other relief sought]. ACCOMPANYING AFFIDAVIT
*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 __________________ Form 2–9T inserted by S.R. No. 205/2014 rule 6. 2–9T Rule 9.16 IN THE SUPREME COURT OF VICTORIA AT COMMERCIAL ARBITRATION LIST S CI No. BETWEEN Applicant AND Respondent (*Section 27H/*Section 27I of the Commercial Arbitration Act 2011)
5. By the summons, the respondent was required to attend at [place] on [date]. That date was *not postponed/*postponed to: [date]. 6. The respondent failed to attend in response to the summons. The date on which the respondent failed to attend was: [insert date]. *7. The respondent has not given me or my officers any reason for failing to attend in response to the summons. OR *7. The respondent has given me or my officers a reason for failing to attend in response to the summons. That reason is: [set out reason given]. Sworn, etc. *Delete if inapplicable. __________________ Form 2–14 amended by S.R. No. 142/2015 rule 24. 2–14 Rule 14.04 I swear by almighty God that I will well and honestly conduct myself in the practice of my profession as a member of the Australian legal profession and as an officer of this honourable Court to the best of my knowledge and ability. AFFIRMATION OF OFFICE I solemnly sincerely and truly declare and affirm that I will well and honestly conduct myself in the practice of my profession as a member of the
on practice at the office of that law practice at [address where applicant most often works] [*The law practice also has offices in [identify location of other offices, if any] ]. 3. I have held for a period of [number] years an Australian practising certificate authorising me to engage in legal practice as a principal within the meaning of the Legal Profession Uniform Law (Victoria) [*and previous corresponding enactments] and a certificate of standing issued by the Law Institute of Victoria is annexed. 4. I have completed a course of study related to notarial practice approved by the Victorian Legal Admissions Board, namely the course [identify the course of study undertaken and completed], and a certificate from the [name of institution] that I have completed that course is annexed hereto. 5. If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001, I wish to comply with Rule 15.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/*making an affirmation. 6. [*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to any designated local regulatory authority as defined in the Legal Profession Uniform Law (Victoria) is pending either in Victoria or elsewhere. *7. I bring to the notice of the Board the facts set out in the document which is exhibited to my affidavit and I ask the Board to consider whether those facts adversely affect my application. *Delete if inapplicable OF VERIFICATION I, [full name, address and occupation], *make oath/*affirm and say as follows: 1. I am the abovenamed applicant. 2. All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.
Date of Making: 17.3.16 Date of Commencement: Rule 8 on 11.4.16: rule 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details