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Legislation relating to civil procedure

Legislation relating to civil procedure.

Civil Procedure Act 2010 (Vic)

This Act reforms and modernises the law about civil procedure in the Supreme, County and Magistrates' Courts. There is a shift towards resolving disputes between the parties without using the courts where this is appropriate. The Act tries to make the courts more accessible, affordable and cases better managed.

See Civil Procedure Act 2010 (Vic).

Magistrates' Court General Civil Procedure Rules 2010

These Rules set out the process for appearing in the Magistrates’ Court in civil proceedings. For example they explain:

  • how documents must be served
  • time limits
  • how cases are to be managed
  • what information needs to be included in forms
  • how court documents are to be set out.

They also list of prescribed forms.

See Magistrates' Court General Civil Procedure Rules 2010 (Vic)(opens in a new window).

Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 (Vic)

These are the 2nd chapter of the general rules that are to be followed in civil proceedings in the Magistrates' Court of Victoria. They include rules for the following procedures:

  • arbitration proceedings for claims of under $10,000
  • rules for the service and execution procedure
  • Appeal to a Magistrates' Court (incl. from a registrar decision)
  • various procedures in relation to WorkCover claims
  • application for summons of fraudulent debtors
  • related forms.

See Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 (Vic).

Magistrates' Court Act 1989 (Vic)

This Act establishes the Magistrates' Court of Victoria and outlines the law relating to its jurisdiction and procedures.

See Magistrates' Court Act 1989 (Vic)(opens in a new window).