Magistrates' Court General Civil Procedure and
Miscellaneous Civil Proceedings (Trans-Tasman
Proceedings Amendment) Rules 2014
S.R. No. 11/2014
TABLE OF PROVISIONS
Rule
Page
PART 1—PRELIMINARY
1
2
3
1
Object
Authorising provisions
Commencement
1
2
2
PART 2—AMENDMENT OF MAGISTRATES' COURT
GENERAL CIVIL PROCEDURE RULES 2010
4
5
6
7
8
9
10
11
12
Commencement of proceedings
Time for giving notice of defence
Contents and form of notice of defence
Defence of third party
Form 7A amended—Complaint served out of Australia
Form 8A amended—Notice of defence
Form 10B amended—Counterclaim served out of Australia
Form 11A amended—Third party notice
New Appendix D inserted
3
3
4
5
6
7
8
9
9
APPENDIX D—Civil Registry Courts—Filing of Complaints
in Proceedings to which the Trans-Tasman
Proceedings Act 2010 of the Commonwealth
applies
9
PART 3—AMENDMENT OF MAGISTRATES' COURT
(MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
13
14
3
Civil registry courts
Appendix A
10
10
10
i
Rule
15
Page
New Appendix B inserted
10
APPENDIX B—Civil Registry Courts—Proceeding to which
the Trans-Tasman Proceedings Act 2010 of
the Commonwealth applies
11
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ENDNOTES
12
ii
STATUTORY RULES 2014
S.R. No. 11/2014
Magistrates' Court Act 1989
Magistrates' Court General Civil Procedure and
Miscellaneous Civil Proceedings (Trans-Tasman
Proceedings Amendment) Rules 2014
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
PART 1—PRELIMINARY
1 Object
The object of these Rules is to amend—
(a) the Magistrates' Court General Civil
Procedure Rules 2010—
(i) to provide for the time period for a
defendant served with a complaint in
New Zealand under Part 2 of the
Trans-Tasman Proceedings Act 2010 of
the Commonwealth to give notice of
defence; and
(ii) to reflect the requirements of the
Trans-Tasman Proceedings Act 2010 of
the Commonwealth for address for
service in a notice of defence; and
(b) the Magistrates' Court (Miscellaneous Civil
Proceedings) Rules 2010 to prescribe the
civil registry court in relation to a proceeding
to which the Trans-Tasman Proceedings Act
2010 of the Commonwealth applies.
1
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
r. 2
Part 1—Preliminary
2 Authorising provisions
These Rules are made under section 16 of the
Magistrates' Court Act 1989 and all other
enabling powers.
3 Commencement
These Rules come into operation on 7 April 2014.
__________________
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
PART 2—AMENDMENT OF MAGISTRATES' COURT
GENERAL CIVIL PROCEDURE RULES 2010
4 Commencement of proceedings
(1) In Rule 4.04(1) of the Magistrates' Court General
Civil Procedure Rules 20101, for "Subject to
paragraph (1A)" substitute "Subject to
paragraphs (1A) and (1B)".
(2) After Rule 4.04(1A) of the Magistrates' Court
General Civil Procedure Rules 2010 insert—
"(1B) A proceeding to which the Trans-Tasman
Proceedings Act 2010 of the Commonwealth
applies must be commenced by the filing of
a complaint at a venue of the Court specified
in Appendix D that is nearest to—
(a) the place where the subject matter of
the complaint arose; or
(b) the place of residence of the
defendant.".
5 Time for giving notice of defence
In Rule 8.01 of the Magistrates' Court General
Civil Procedure Rules 2010—
(a) in paragraph (c) omit "in New Zealand or";
(b) for paragraph (d) substitute—
"(d) where the complaint is to be served
in New Zealand under Part 2 of the
Trans-Tasman Proceedings Act 2010 of
the Commonwealth, 30 working days
(within the meaning of that Act) after
service or, if a shorter or longer period
has been fixed by the Court under
section 13(1)(b) of that Act, the period
so fixed;
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Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
Note
For the purposes of the definition of working
day in the Trans-Tasman Proceedings Act 2010
of the Commonwealth, a working day is a day
on which documents may be filed in the
registry of a venue of the Court prescribed for
the purposes of a proceeding to which that Act
applies—see Rule 4.04(1B) of these Rules and
Rule 11.01(2) of the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 2010.
(e) in any other case, not less than 42 days
after service.".
6 Contents and form of notice of defence
In Rule 8.03 of the Magistrates' Court General
Civil Procedure Rules 2010, for paragraphs (3)
and (4) substitute—
"(3) Despite paragraph (2), the address for service
of the defendant is—
(a) if the complaint was served on the
defendant under the Service and
Execution of Process Act 1992 of the
Commonwealth, the address for service
of the defendant duly stated in a notice
of defence in accordance with that Act;
or
(b) if the complaint was served on the
defendant under the Trans-Tasman
Proceedings Act 2010 of the
Commonwealth, the address for service
of the defendant duly stated in a notice
of defence in accordance with that Act.
(4) Subject to paragraph (3)(b), if the complaint
was served on the defendant out of Australia,
the notice of defence must state an address
for service within Victoria.".
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
7 Defence of third party
For Rule 11.09(1) of the Magistrates' Court
General Civil Procedure Rules 2010 substitute—
"(1) A third party must give notice of defence to
the statement of claim endorsed on the third
party notice within—
(a) where the third party notice is served in
Victoria, not less than 21 days after
service;
(b) where the third party notice is served
out of Victoria and in another part of
Australia, not less than 21 days after
service;
(c) where the third party notice is served in
Papua New Guinea, not less than
28 days after service;
(d) where the third party notice is served
in New Zealand under Part 2 of the
Trans-Tasman Proceedings Act 2010 of
the Commonwealth, 30 working days
(within the meaning of that Act) after
service or, if a shorter or longer period
has been fixed by the Court under
section 13(1)(b) of that Act, the period
so fixed;
Note
For the purposes of the definition of working
day in the Trans-Tasman Proceedings Act 2010
of the Commonwealth, a working day is a day
on which documents may be filed in the
registry of a venue of the Court prescribed for
the purposes of a proceeding to which that Act
applies—see Rule 4.04(1B) of these Rules
and Rule 11.01(2) of the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 2010.
(e) in any other case, not less than 42 days
after service.".
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Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
8 Form 7A amended—Complaint served out of
Australia
(1) In Form 7A of the Magistrates' Court General
Civil Procedure Rules 2010, for "within 42 days
of service upon you of this complaint,"
substitute "within the proper time to give
notice of defence,".
(2) In Form 7A of the Magistrates' Court General
Civil Procedure Rules 2010, for—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE
WITHIN 42 DAYS OF SERVICE, the plaintiff may
OBTAIN AN ORDER AGAINST YOU for the
amount of the claim and costs without further notice"
substitute—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE
WITHIN THE PROPER TIME TO GIVE NOTICE
OF DEFENCE, the plaintiff may OBTAIN AN
ORDER AGAINST YOU for the amount of the claim
and costs without further notice.
*THE PROPER TIME TO GIVE NOTICE OF
DEFENCE is as follows—
(a) where you are served with the complaint in
Papua New Guinea, within 28 days after
service;
(b) where you are served with the complaint in
New Zealand under Part 2 of the Trans-Tasman
Proceedings Act 2010 of the Commonwealth,
within 30 working days (within the meaning of
that Act) after service or, if a shorter or longer
period has been fixed by the Court under
section 13(1)(b) of that Act, the period so fixed;
(c) where you are served with the complaint in any
other place out of Australia, within 42 days
after service".
6
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
9 Form 8A amended—Notice of defence
In Form 8A of the Magistrates' Court General
Civil Procedure Rules 2010, for—
"2. The address of the defendant is—
3. The address for service of the defendant is—[If the
defendant defends by an Australian lawyer, the
business address of the Australian lawyer. If the
defendant defends in person, the address of the
defendant not being a post office box]."
substitute—
"2. The address of the defendant is—
[insert address].
3. The address for service of the defendant is—
[*If the Service and Execution of Process Act 1992 of
the Commonwealth applies] The address for service
of the defendant within Australia is [insert address].
[*If the Trans-Tasman Proceedings Act 2010 of the
Commonwealth applies] The address for service
of the defendant in Australia or New Zealand is
[insert address].
[*If neither of those Acts applies and the defendant
appears in person] The address for service of the
defendant within Victoria is [insert address of the
defendant within Victoria, not being a post office
box].
[*If neither of those Acts applies and the defendant
defends by an Australian lawyer] The name or firm
and the business address within Victoria of the
Australian lawyer for the defendant is [insert name or
firm and business address].
[*If neither of those Acts applies and the Australian
lawyer is an agent of another] The name or firm and
business address of the principal is [insert name or
firm and business address].".
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
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Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
10 Form 10B amended—Counterclaim served out of
Australia
(1) In Form 10B of the Magistrates' Court General
Civil Procedure Rules 2010, for "within 42 days
of service upon you of this counterclaim,"
substitute "within the proper time to give
notice of defence,".
(2) In Form 10B of the Magistrates' Court General
Civil Procedure Rules 2010, for—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE
WITHIN 42 DAYS OF SERVICE, the defendant may
OBTAIN AN ORDER AGAINST YOU for the
amount of the counterclaim and costs without further
notice"
substitute—
"IF YOU DO NOT GIVE NOTICE OF DEFENCE
WITHIN THE PROPER TIME TO GIVE NOTICE
OF DEFENCE, the defendant may OBTAIN AN
ORDER AGAINST YOU for the amount of the
counterclaim and costs without further notice.
*THE PROPER TIME TO GIVE NOTICE OF
DEFENCE is as follows—
(a) where you are served with the counterclaim in
Papua New Guinea, within 28 days after
service;
(b) where you are served with the counterclaim in
New Zealand under Part 2 of the Trans-Tasman
Proceedings Act 2010 of the Commonwealth,
within 30 working days (within the meaning of
that Act) after service or, if a shorter or longer
period has been fixed by the Court under
section 13(1)(b) of that Act, the period so fixed;
(c) where you are served with the counterclaim in
any other place out of Australia, within 42 days
after service".
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Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Part 2—Amendment of Magistrates' Court General Civil Procedure Rules
2010
11 Form 11A amended—Third party notice
In Form 11A of the Magistrates' Court General
Civil Procedure Rules 2010, for paragraphs (c)
and (d) under the words and expressions "*THE
PROPER TIME TO GIVE NOTICE OF
DEFENCE is as follows—" substitute—
"(c) where you are served with the notice in Papua New
Guinea, within 28 days after service;
(d) where you are served with the notice in New Zealand
under Part 2 of the Trans-Tasman Proceedings Act
2010 of the Commonwealth, within 30 working days
(within the meaning of that Act) after service or, if a
shorter or longer period has been fixed by the Court
under section 13(1)(b) of that Act, the period so fixed;
(e) where you are served with the notice in any other
place, within 42 days after service.".
12 New Appendix D inserted
After Appendix C of the Magistrates' Court
General Civil Procedure Rules 2010 insert—
"APPENDIX D
CIVIL REGISTRY COURTS—FILING OF COMPLAINTS IN
PROCEEDINGS TO WHICH THE TRANS-TASMAN
PROCEEDINGS ACT 2010 OF THE COMMONWEALTH APPLIES
Bairnsdale
Heidelberg
Seymour
Ballarat
Horsham
Shepparton
Bendigo
Latrobe Valley
Wangaratta
Broadmeadows
Melbourne
Warrnambool
Dandenong
Mildura
Werribee
Echuca
Moorabbin Justice
Centre
Wodonga
Frankston
Ringwood
Geelong
Sale
__________________".
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Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings)
Rules 2010
PART 3—AMENDMENT OF MAGISTRATES' COURT
(MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2010
13 Civil registry courts
(1) In Rule 11.01 of the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 20102
for "the Appendix" substitute "Appendix A".
(2) At the end of Rule 11.01 of the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 2010
insert—
"(2) Despite paragraph (1), in relation to a
proceeding to which the Trans-Tasman
Proceedings Act 2010 of the Commonwealth
applies, the civil registry courts are those
venues of the Court listed in Appendix B to
these Rules.".
14 Appendix A
In the Appendix to the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 2010 for
"APPENDIX" substitute "APPENDIX A".
15 New Appendix B inserted
After Appendix A to the Magistrates' Court
(Miscellaneous Civil Proceedings) Rules 2010
insert—
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Magistrates' Court General Civil Procedure and Miscellaneous Civil
Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings)
Rules 2010
"__________________
APPENDIX B
CIVIL REGISTRY COURTS—PROCEEDING TO WHICH THE
TRANS-TASMAN PROCEEDINGS ACT 2010 OF THE
COMMONWEALTH APPLIES
Bairnsdale
Heidelberg
Seymour
Ballarat
Horsham
Shepparton
Bendigo
Latrobe Valley
Wangaratta
Broadmeadows
Melbourne
Warrnambool
Dandenong
Mildura
Werribee
Echuca
Moorabbin Justice
Centre
Wodonga
Frankston
Ringwood
Geelong
Sale
".
Dated: 1 April 2014
PETER LAURITSEN,
Chief Magistrate
JELENA POPOVIC,
Deputy Chief Magistrate
BARRY B. BRAUN,
Deputy Chief Magistrate
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Magistrates' Court General Civil Procedure and Miscellaneous Civil
Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014
S.R. No. 11/2014
Endnotes
ENDNOTES
1
Rule 4(1): S.R. No. 140/2010. Reprint No. 1 as at 11 October 2013 and
amending S.R. Nos 155/2013 and 178/2013.
2
Rule 13(1): S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012
and 158/2012.
12