ByLawyers News and Updates
  • Publication updates
    • Federal
    • New South Wales
    • Victoria
    • Queensland
    • South Australia
    • Western Australia
    • Northern Territory
    • Tasmania
    • Australian Capital Territory
  • By area of law
    • Bankruptcy and Liquidation
    • Business and Franchise
    • Companies, Trusts, Partnerships and Superannuation
    • Conveyancing and Property
    • Criminal Law
    • Defamation and Protecting Reputation
    • Employment Law
    • Family Law
    • Immigration
    • Litigation
    • Neighbourhood Disputes
    • Personal injury
    • Personal Property Securities
    • Practice Management
    • Security of Payments
    • Trade Marks
    • Wills and Estates
  • Legal alerts
  • Articles
  • By Lawyers

Magistrates Court – Civil – VIC

2 October 2020 by By Lawyers

The By Lawyers Magistrates Court – Civil litigation publication has been reviewed by our author, resulting in consolidation and enhancement.

Both the Acting for the Plaintiff and Acting for the Defendant guides in the Magistrates Court – Civil publication have been reviewed. Precedents on the matter plan have been consolidated, with some updates and amendments. This includes a number of bespoke By Lawyers precedents in the nature of ‘court forms’ drafted for use where there is no prescribed court form for certain actions required under the rules of court.

Amended precedents include:

  • Notice of discontinuance
  • Notice of ceasing to act
  • Notice of change of solicitor
  • Notice of change of solicitor’s address
  • Offer of compromise
  • Acceptance of offer of compromise under order 26
  • Application for administrative transfer to the County Court
  • Answers to interrogatories

The precedent Notice of Defence to Counterclaim has been deleted. This is because when a counterclaim is served the rules apply as if the defendant were the plaintiff and the plaintiff were the defendant. Accordingly, the usual Defence – Form 8A is used to defend a counterclaim which is on the matter plan.

Commentary on administratively transferring matters to the County Court, pursuant to s 17 of the Courts (Case Transfer) Act 1991, and appropriately responding to counterclaims has also been added.

This review is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

Filed Under: Litigation, Publication Updates, Victoria Tagged With: courts, Litigation | Victoria, VIC County Court, VIC magistrates court

Subscribe to our mailing list

* indicates required
Preferred State

Connect with us

  • Email
  • LinkedIn
  • Twitter

Copyright © 2025 · Privacy Policy
Created and hosted by LEAP · Log in