Civil forms amended
The Magistrates’ Court General Civil Procedure (Forms and Related Amendments) Rules 2015 amends the Magistrates' Court General Civil Procedure Rules 2010, commencing on 1 February 2015.
The purpose of the amendments is to to make further provision in relation to the effect on a proceeding when a defendant pays the amount indorsed on a complaint before the giving of a notice of defence and require the address for service for a plaintiff suing by an Australian lawyer to be a business address within Victoria.
A summary of the amendments is as follows:
| No. | Title | Amendment |
| 5A | Complaint | Restructure of form and significant content changes within the 'Notice to the Defendant' |
| 7A | Complaint (for service out of Australia) | Complete content amendment as per the changes to Form 5A |
| 11A | Third Party Notice | Minimal amendment to current wording with additioanl content consistent with Forms 5A and 7A |
| 67A | Summons to attend for Oral Examination | Minor wording amendment, substituting 'must' for 'are summoned to' |
The Complaint - Form 5A, Complaint (Fencing Dispute) - Form 5A and Form 67A have been updated on the website.
The Magistrates' Court of Victoria Information Guide: Fencing Disputes has also been updated to reflect the amendments.
Arbitration Cost Cap
Magistrates’ Court (Miscellaneous Civil Proceedings) (Arbitration Costs and Forms Amendment) Rules 2015 amends the Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2010, commencing on 1 February 2015.
The purpose of the amendments it to increase the caps on the costs that may be awarded in proceedings referred to arbitration. The 'Arbitration Cost Cap' document has been updated on the website.
In addition, there has been some amendments to forms:
- Forms 9A - 9E relocated to be placed after Form 8A of the Rules
- Forms 12A - 12L to have "CHAPTER II" inserted immediately above the heading.
| No. | Title | Amendment |
| 9A | Complaint (Instruments Act 1958) | Minimal amendment to current wording with additional information for the defendant |
| 9B | Application for Leave to Defend (Instruments Act 1958) | Additonal wording to ensure the business address of an Australian lawyer is 'within Victoria' |
| 9C | Application for Order (Instruments Act 1958) | No change |
| 9D | Notification of Decision (Instruments Act 1958) | No change |
| 9E | Application for Leave to Defend after Order made (Instruments Act 1958) | Additional wording to ensure the business address of an Australian lawyer is 'within Victoria |