New General Civil and Miscellaneous Rules 2020
The new Magistrates' Court General Civil Procedure Rules 2020 (‘the General Civil Rules’) and the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 (‘the Miscellaneous Rules’) commenced on 25 October 2020.
The purpose of these rules is to amend and revise the rules of procedure in civil proceedings in the Magistrates’ Court of Victoria. A summary of some key changes are outlined below.
General Civil Rules
Significant changes to the General Civil Rules include changes relating to service and inclusion of email addresses, the giving of evidence by way of oral summary in arbitration or motor vehicle accident proceedings, changes to the calculation formula for the Warrant to Seize Property (Form 68A), application for audio visual link and appropriate dispute resolution. There are also new rules relating to affidavits where interpreters are required, and to the inspection of documents.
Miscellaneous Civil Rules
Order 6 and Form 6C of the Miscellaneous Rules relate to the WorkCover jurisdiction. References to provisions under the Accident Compensation Act 1985 have been repealed, and Order 6 and Form 6C have been updated accordingly.
Refer to the Magistrates' Court General Civil Procedure Rules 2020 and the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 on the Victorian legislation website.