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VIC – Victorian Civil Administrative Tribunal (VCAT)

All forms have been reviewed in the VCAT area of law and have been released.   The forms updated and/or added are –

  • Affidavit – Blank (LL-VIC-VCAT-021)
  • Alternative procedure affidavit – section 335 of the Residential Tenancies Act 1997 (LL-VIC-VCAT-122)
  • Alternative procedure affidavit – section 414 of the Residential Tenancies Act 1997 (LL-VIC-VCAT-088)
  • Application by a non permit holder to cancel or amend a permit under s87 or s89 and stop order under s93 (LL-VIC-VCAT-049)
  • Application by a permit holder to cancel or amend a permit under s87 or s87A (LL-VIC-VCAT-014)
  • Application by permit applicant to transfer proceeding under s82 or s82B to major cases list (LL-VIC-VCAT-052)
  • Application for a rehearing (LL-VIC-VCAT-105)
  • Application for an adjournment (LL-VIC-VCAT-059)
  • Application for an Order – Human Rights List (LL-VIC-VCAT-124)
  • Application for directions hearing or orders (LL-VIC-VCAT-062)
  • Application for enforcement order and interim enforcement order under s114-s120 (LL-VIC-VCAT-013)
  • Application for extension of time to commence a proceeding (LL-VIC-VCAT-058)
  • Application for fee relief (LL-VIC-VCAT-068)
  • Application for leave to withdraw (LL-VIC-VCAT-060)
  • Application for order (LL-VIC-VCAT-032)
  • Application for order appointment of an administrator and or guardian (LL-VIC-VCAT-003)
  • Application for review by an objector under s82 or an affected person under s82B (LL-VIC-VCAT-050)
  • Application for review of a decision – classification of land (LL-VIC-VCAT-119)
  • Application for review of a decision – valuation of land (LL-VIC-VCAT-117)
  • Application for review to the major cases list by a permit applicant or permit holder under s77, s79 or s80 (LL-VIC-VCAT-054)
  • Application for review to the Major Cases List by the Applicant for a works approval or licence under section 33 or 33A Environment Protection Act 1970 (LL-VIC-VCAT-077)
  • Application for special medical procedure (LL-VIC-VCAT-106)
  • Application regarding missing persons estate (LL-VIC-VCAT-107)
  • Application to Building and Property List (Building) (LL-VIC-VCAT-125)
  • Application to building and property list (Retail Tenancies and Real Property) (LL-VIC-VCAT-120)
  • Application to civil claims list (LL-VIC-VCAT-036)
  • Application to major cases list to by a permit holder to cancel or amend a permit under s87A (LL-ViC-VCAT-053)
  • Application to register an interstate order (LL-VIC-VCAT-108)
  • Application to reopen an order (LL-VIC-VCAT-121)
  • Application to review the refusal or failure of responsible authority to extend time under s81(1) (LL-VIC-VCAT-051)
  • Application to revoke or reassess a guardianship or administration order (LL-VIC-VCAT-109)
  • Application to the Owners Corporations List (LL-VIC-VCAT-083)
  • Application to use technology (LL-VIC-VCAT-096)
  • Calculation of elapsed days in failure applications (LL-VIC-VCAT-057)
  • Credit card payment authority (LL-VIC-VCAT-024)
  • Declaration of Service – Civil Claim List (LL-VIC-VCAT-123)
  • Digital camera evidence declaration form (LL-VIC-VCAT-091)
  • File and document access request form (LL-VIC-VCAT-046)
  • Financial statement and plan (LL-VIC-VCAT-110)
  • General application – Residential Tenancies List (LL-VIC-VCAT-116)
  • General form of application (Planning and Environment List) (LL-VIC-VCAT-075)
  • Lawyers or other representatives registration of interest (LL-VIC-VCAT-111)
  • Medical report (LL-VIC-VCAT-112)
  • Notice of an amendment of an application (LL-VIC-VCAT-080)
  • Notice of response to S53A notification (LL-VIC-VCAT-104)
  • Notice to witness (LL-VIC-VCAT-073)
  • Practice Day Request (LL-VIC-VCAT-072)
  • Request by landlord for a warrant of possession (LL-VIC-VCAT-048)
  • Request for consent to an adjournment (LL-VIC-VCAT-061)
  • Request for inclusion in short cases list (LL-VIC-VCAT-055)
  • Request to transcribe a running proceeding (LL-VIC-VCAT-026)
  • Section 11 request to VCAT form (LL-VIC-VCAT-115)
  • Statement of grounds (LL-VIC-VCAT-081)
  • Statement of service (LL-VIC-VCAT-082)
  • Statement of service of documents – blank (LL-VIC-VCAT-011)
  • Statement of service of documents – fill In (LL-VIC-VCAT-012)
  • Statutory declaration – blank (LL-VIC-VCAT-027)
  • Summary of proofs – landlord’s claim for bond – compensation (LL-VIC-VCAT-093)
  • Summary of proofs – possession – abandonment – vacation (LL-VIC-VCAT-020)
  • Summons to appear (LL-VIC-VCAT-028)
  • Telephone Attendance Request (LL-VIC-VCAT-064)

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VIC – Magistrates Court of Victoria

In accordance with the Magistrates’ Court General Civil Procedure (Miscellaneous Amendments) Rules 2018 (Vic) which came into effect as of 15 October 2018 the following forms have been updated –

  • Subpoena to attend to give evidence – Form 42A (LL-VIC-MC-0118) – formerly known as ‘Subpoena’
  • Subpoena for production to registrar – Form 42AA – (LL-VIC-MC-0119)

Two new Subpoenas have been inserted by the Rules and are now available in LEAP , they are –

  • Subpoena both to attend to give evidence and to produce – For 42C – (LL-VIC-MC-0174)
  • Subpoena to produce – Form 42B – (LL-VIC-MC-0175)

The form entitled ‘Notice to addressee and declaration‘ Form 42B (LL-VIC-MC-0148) has been deleted as it was revoked by the aforementioned Rules.  It is now contained in the relevant individual Subpoenas.

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VIC – Supreme Court (Criminal)

A review has been completed of the Supreme Court Criminal forms.

The following forms have been updated with minor changes:

  • Application for leave to apply for review of conditions of supervision order or interim supervision order – Form 6-12S – (LL-VIC-SCCRIM-0033)
  • Application for new order suspending registrable offender’s reporting obligations – Form 6-12AB – (LL-VIC-SCCRIM-0037)
  • Application for suspension of registrable offender’s reporting obligations – Form 6-12AA – (LL-VIC-SCCRIM-0036)
  • Application for instalment order and other orders – Form 6-5A – (LL-VIC-SCCRIM-0028). The title of this form has been updated from its previous title ‘Application for time to pay a fine, instalment order, variation of instalment order or community based order’
  • Application to set aside order striking out appeal for failure to appear – Form 6-3BH – (LL-VIC-SCCRIM-0023)
  • General application – Form 6-1D – (LL-VIC-SCCRIM-0006)
  • Notice of appeal by offender – Form 6-12U – (LL-VIC-SCCRIM-0034)
  • Notice of application for leave to appeal against sentence – Form 6-2B – (LL-VIC-SCCRIM-0008)
  • Notice of intention to dispute assessment report, progress report or other report to court – Form 6-12Y – (LL-VIC-SCCRIM-0035)
  • Notice that legal practitioner acts – Form 6-4B – (LL-VIC-SCCRIM-0024)
  • Notice that legal practitioner has ceased to act – Form 6-4C – (LL-VIC-SCCRIM-0025)
  • Subpoena to give evidence (New Zealand) – Form 6-1BA – (LL-VIC-SCCRIM-0003)
  • Subpoena to give evidence and produce documents (New Zealand) – Form 6-1BC – (LL-VIC-SCCRIM-0005)
  • Subpoena to produce documents (New Zealand) – Form 6-1BB – (LL-VIC-SCCRIM-0004)

Minor formatting changes have also been made to all other forms in this area.

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VIC – New Personal Injury and Worker’s Compensation forms under the Wrongs Act 1958 (Vic)

The following new forms under the Wrongs Act 1958 (Vic) have been added to Personal Injury and Worker’s Compensation matter types:

  • Form 1 – Certificate of assessment of degree of impairment arising from stabilised injury (LL-VIC-WRA-000)
  • Form 2 – Certificate of assessment of degree of impairment where injury has not stabilised (LL-VIC-WRA-001)
  • Form 3 –  Agreement to waive assessment of impairment (LL-VIC-WRA-002)
  • Form 4 – Claimant prescribed information form (LL-VIC-WRA-003)
  • Form 5 – Notice of referral of medical question to medical panels (LL-VIC-WRA-004)

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VIC – Supreme Court

As a result of client feedback and the new fee regulations which commenced on 30 September 2018, the following new form has been added:

  • Application for standard or concession court fees (LL-VIC-SC-0234)

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VIC – County Court (Criminal)

A review has been completed of the County Court Criminal forms (including Appeal forms) and minor formatting changes have been made to all forms.

The following new form has been added:

  • Notice to informant and either DPP or prosecutor of further application for bail/application for an order to vary amount or conditions of bail – Form 11A – (LL-VIC-CCCRIM-0034)

Minor changes have been made to the following forms:

  • Application – fines only – Form 5A – (LL-VIC-CCCRIM-0020)
  • Application by accused for an order to vary amount of bail OR conditions of bail – Form 11 – (LL-VIC-CCCRIM-0010)
  • Notice of abandonment of appeal – Form 3D/Form 4C – (LL-VIC-CCCRIM-0023)
  • Notice of intention to adduce evidence of previous representation – (LL-VIC-CCCRIM-0012)
  • Notice of intention to adduce tendency evidence – (LL-VIC-CCCRIM-0013)
  • Subpoena both to attend to give evidence and to produce – Form 1EA – (LL-VIC-CCCRIM-0033)
  • Subpoena to attend to give evidence – Form 1D – (LL-VIC-CCCRIM-0032)
  • Subpoena to produce – Form 1E – (LL-VIC-CCCRIM-0031)

The following form has been deleted as it is no longer contained in the relevant Rules or available on the County Court website:

  • Application for leave to abandon appeal from the Magistrates’ Court out of time – Form 2-2H – (LL-VIC-CCCRIM-0021)

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VIC – Transfer of Land – Family Law

The form entitled ‘Transfer of Land – Family Law only’ (LL-VIC-LTO-436) has been released and is for use in Family Law matters where property is being transferred from one party to another (ie husband/father to wife/mother).

The ability to add the Title Particulars layout is now available through “Edit Table Types > Other Possible Tables”, therefore allowing Volume and Folio information to be entered.

This form is locked as per the requirements from Land Use Victoria.

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VIC – Supreme and County Court

A complete review has been undertaken on this suite of forms.  All forms have been updated to ensure that the ‘Normal’ style of font chosen by our clients will now display in these forms. and some inconsistencies have been addressed.  There were some changes to forms and the most notable are –

Minor wording changes have been made to the following forms:

  • Advertisement of sale by the sheriff – Form 69A – (LL-VIC-SC-0032)
  • Certificate of payment – Form 61R – (LL-VIC-SC-0031)
  • Deed of guarantee – Form 39A – (LL-VIC-SC-0037)
  • Expert witness code of conduct – Form 44A – (LL-VIC-SC-0038)
  • Mediation decision sheet (County Court)  – (LL-VIC-CC-0047)
  • Notice as to stock – Form 73C – (LL-VIC-SC-0055)
  • Notice of application for audio visual link or audio link – Form 41AA – (LL-VIC-CC-0064)
  • Notice of cessation of attachment of earnings order – Form 72L – (LL-VIC-SC-0065)
  • Notice to employer – Form 72J – (LL-VIC-SC-0088)
  • Notice to witness – Form 2 Form 2 – (LL-VIC-CC-0101)
  • Order approving compromise of claim of minor (Supreme Court) – Form 15A – (LL-VIC-SC-0120)
  • Originating motion between parties – Form 5B – (LL-VIC-SC-0099)
  • Originating motion between parties where commenced under Rule 45.05 – Form 5C – (LL-VIC-SC-0129)
  • Originating motion for recovery of land under Order 53 – Form 5E – (LL-VIC-SC-0130)
  • Overarching Obligations Certification – Form 4A – (LL-VIC-SC-0210)
  • Request to enter a list (County Court)  – (LL-VIC-CC-0133)
  • Third party notice – Form 11A – (LL-VIC-SC-0053)
  • Warrant of apprehension on disobedience to summons – Form 61N – (LL-VIC-SC-0152)
  • Warrant of delivery – Form 68C – (LL-VIC-SC-0153)
  • Warrant of delivery (delivery of goods OR payment of assessed value) – Form 68C – (LL-VIC-CC-0154)
  • Warrant of seizure and sale – Form 68A – (LL-VIC-SC-0157)
  • Writ – Form 5A – (LL-VIC-SC-0134)

The following forms have been deleted as they are no longer contained in the relevant rules or available on the Court website  –

  • Affidavit in support of proceedings for recovery of land (LL-VIC-SC-0010)
  • Affidavit in support of warrant of execution (LL-VIC-SC-0160)
  • Application for administrative transfer to the Magistrates’ Court (LL-VIC-SC-0209)
  • Notice to Addressee and Declaration – Form 42B – (LL-VIC-SC-0208)
  • Notice to Addressee and Declaration (County Court) – Form 42AB – (LL-VIC-CC-0155)

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VIC – Magistrates’ Court (Criminal)

The Magistrates’ Court criminal forms have been reviewed and minor changes (including formatting changes) have been made to the following forms –

  • Affidavit – LL-VIC-MC-0123
  • Affidavit or declaration of service – LL-VIC-MC-0124
  • Application by accused for an order to vary amount of bail OR conditions of bail (Form 11) – LL-VIC-MC-0150
  • Application by physical appearance (Form 45) – LL-VIC-MC-0167
  • Application for appearance by audio visual link (Form 46) – LL-VIC-MC-0168
  • Case abridgement application (Form 15) – LL-VIC-MC-0128
  • Case direction notice (Form 32) – LL-VIC-MC-0129
  • Request for contested summary hearing (Form 12) – LL-VIC-MC-0139

The following new criminal form has also been added:

  • Notice to informant and either DPP or prosecutor of further application for bail or application for an order to vary amount or conditions of bail (Form 11A) – LL-VIC-MC-0169
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