date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I. Rule 3.05 substituted by S.R. No. 47/2014 rule 6. 3.05 Removal from TEC List A TEC List Judge may at any time order that a proceeding in the TEC List be removed from the List. Note See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest). __________________ 4 APPEALS FROM TRIBUNALS PART 1—INTRODUCTION 4.01 Application Rule 4.01(1) amended by S.R. No. 206/2014 rule 7(1). (1) Subject to paragraphs (2) and (3), this Order applies to— appeal to the Court from a tribunal; and application for leave to appeal from a tribunal. Rule 4.01(2) amended by S.R. No. 42/2009 rule 4. (2) This Order does not apply to a proceeding to which Order 7, 7A, 8, 12, 14, 15 or 23 applies, save to the extent provided by that Order. Rule 4.01(3) inserted by S.R. No. 206/2014 rule 7(2).
the award, the date on which that request was disposed of by the . (4) The application and supporting affidavit shall be served on any person whose interest might be affected by the setting aside of the award. (5) Any application by a party to the arbitration under article 34(4) of the Model Law shall be made by summons in the proceeding commenced under paragraph (1). Rule 9.11 substituted by S.R. No. 205/2014 rule 5. 9.11 Enforcement of award under Model Law (1) An application under article 35 of the Model Law to enforce an award shall be in Form 2–9L. (2) The application shall be accompanied by an affidavit— the documents referred to in article 35(2) of the Model Law; and extent to the award has not been complied with, at the date the application is made; and (ii) the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company,
before or after the expiration of the period or any extended period. 11.07 Notice of registration (1) Notice in writing of the registration of a judgment shall be served on the judgment debtor whether within the jurisdiction or out of the jurisdiction. (2) Unless the Court otherwise orders, service shall be personal service. (3) The notice shall state— particulars of the judgment registered and the for registration; name and address of the judgment creditor or the judgment creditor's solicitor or on whom and at which any process issued by the judgment debtor may be served; the judgment debtor may apply on the grounds set out in the Act to have the judgment set aside; what time from the date of service of the notice, an application to set aside may be made; the judgment debtor may apply to have that time extended. 11.08 Application to set aside (1) An application to set aside the registration of a judgment shall be made by summons in the proceeding in which the judgment was registered. (2) The summons—
_______________ Form 2–9A inserted by S.R. No. 205/2014 rule 6. 2–9A Rule 9.03 [heading as in relevant proceeding] (Section 7 of the International Arbitration Act 1974 of the Commonwealth) Date of Document: Filed on behalf of: Prepared by: Lawyer Code: DX: Tel: Email: Ref: TO THE [role of party]: [name] of [address]. The [role of party] [name], being a party to an arbitration agreement, applies for an order under section 7 of the International Arbitration Act 1974 of the Commonwealth to stay the whole/part [delete whichever is inapplicable] of this proceeding and to refer the parties to arbitration and for the other relief set out in this application.
(International Arbitration Act 1974 of the Commonwealth) Date of Document: Filed on behalf of: Prepared by: Lawyer Code: DX: Tel: Email: Ref: TO THE RESPONDENT: [name] of [address]. The applicant [name of applicant], being a party to an arbitration agreement, applies for an order under article 8 of the Model Law to refer parties to arbitration and for the other relief set out in this application. ACTION REQUIRED The Court will hear this application, or make orders for the hearing of the application, 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. 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].
Failure to comply with this subpoena without lawful excuse is a contempt of and may result in your arrest. Please read Notes 1 to 15 at the end of this subpoena. The last date for service of this subpoena is [date]. (See Note 1). FILED: Prothonotary Issued at the request of [role of party], [name], whose address for service is: Place: Email: DETAILS OF In so far as you are required by this subpoena to attend for examination, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted: Date: Time: Place: [Name(s) of arbitrator(s) constituting arbitral tribunal] at [address]. You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena— (a) by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule of documents below at the date, time and place specified for attendance and production; or (b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are
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 ORDERS SOUGHT The applicant seeks— 1. the issue of a subpoena under section 27A of the Commercial Arbitration Act 2011 to [identify person to whom subpoena is sought and type of subpoena]; 2. [State briefly but specifically any other relief sought]. ACCOMPANYING This application is accompanied by— 1. a draft subpoena in accordance with *Form 2–9P/ *Form 2–9Q/*Form 2–9R; 2. an affidavit stating— (a) the of the parties to the arbitration; (b) the name of the arbitrator or the of the arbitrators constituting the arbitral tribunal conducting the arbitration; (c) the place where the arbitration is being conducted; (d) the nature of the arbitration; (e) the terms of the permission given by the arbitral tribunal for the application; (f) the conduct money (if appropriate) to be paid to the addressee; and
HEARING The application will be 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 ORDERS SOUGHT The applicant seeks— 1. an order under section 35 of the Commercial Arbitration Act 2011 that the following award [specify] be enforced; 2. [State briefly but specifically any other orders sought]. ACCOMPANYING DOCUMENTS This application is accompanied by an affidavit— 1. exhibiting the documents referred to in section 35 of the Commercial Arbitration Act 2011; and 2. stating— (a) the extent to which the award has not been complied with at the date the application is made; and (b) the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company. APPLICANT'S ADDRESS The applicant's address for service is:
3. The address for the service of the plaintiff is— [If the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, if the solicitor acts by an agent, the business address of the agent. If the plaintiff sues without a solicitor, the address for service is stated in 2, but, if that address is outside Victoria, the plaintiff must state an address for service within Victoria.] 4. The address of the defendant is— _______________ 2–21A Rule 21.03 IN THE SUPREME OF VICTORIA 20 No. AT IN THE MATTER of a complaint section 11 of the Alcoholics and Drug-dependent Persons Act 1968 I [full name] of [address], being [state relationship to person complained against or other status for making complaint] MAKE COMPLAINT that [full name of person complained against] of [address] is *an alcoholic/*a person within the meaning of the Alcoholics and Persons Act 1968. A medical certificate in the form of Schedule 1 to the Regulations under the Act is attached.