Victorian Numbered Regulations Victorian Numbered RegulationsFORMS
FORM 1
Rule 7.01
In the Magistrates' Court at: [ specify venue ] Case No:
Applicant:
Affected family member or protected person:
Respondent:
Nature of proceeding:
To: [ name of person to whom subpoena is addressed ]
Of: [ address ]
You are required to: [ tick one box only ]
≤ attend court and give evidence in the proceeding OR
≤ attend court and give evidence in the proceeding and produce the following documents or things: [ specify documents or things that person must produce ] OR
≤ produce at the hearing the following documents or things: [ specify documents or things that person must produce ]
If you are required to attend court and give evidence you must attend the hearing.
If you fail to attend the hearing or fail to produce the documents or things required by this subpoena, a warrant for your arrest may be issued .
Production of documents and things before the hearing
If you are required to produce documents or things, you may provide them to the registrar of the Magistrates' Court at [ specify venue ] by hand or by post.
The registrar must receive the documents or things no later than 2 business days before the date of the hearing.
Details of hearing
This case will be heard at the Magistrates' Court at [ specify venue ].
Court address: Phone:
Date and time of hearing:
Details of issue
This subpoena was issued at [ specify court venue ] by [ Registrar/Magistrate ].
Date issued:
Subpoena filed by: [ name of party or party's legal representative ]
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FORM 2
r. 27
Rule 13.02
APPLICATION FOR REHEARING
In the Magistrates' Court at: [ specify venue ] Case No:
Applicant: [ full name of applicant for rehearing ]
Applicant's address:
Respondent: [ full name of respondent to this application ]
Respondent's address:
Protected person or person protected by the order:
Address:
Details of the application you would like reheard
I (the applicant) am the Respondent to an application:
≤ for a final family violence intervention order
≤ for an order declaring me to be a vexatious litigant
The application was made at [ specify court location ] on [ date ].
Have you previously applied for a rehearing of this application? Yes/No*
Note: If you were granted a rehearing, and that application was struck out by the Court, you will require leave of the Court to make another application.
Reasons for applying for rehearing
My reason for seeking a rehearing of the application is:
≤ I was not personally served with the application
≤ the application was not brought to my attention by an order for substituted service
≤ there are exceptional circumstances and a rehearing is fair and just
These circumstances are: [ briefly state the reasons why you did not attend the hearing of the application ]
Affidavit
I [ full name ] make oath/affirm and say that the contents of my application are true and correct to the best of my knowledge.
Note: Under section 141 of the Evidence (Miscellaneous Provisions) Act 1958 a person who makes an affidavit knowing the contents of the affidavit to be false may be punished for the offence of perjury.
SWORN/AFFIRMED at: [ place ]
ON: [ date ]
.........................................................
[ signature of person making the affidavit ]
BEFORE ME:......................................
Name:
Title:
Address:
A person authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.
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FORM 3
r. 27
Rule 14.01
NOTICE OF APPEAL
In the Magistrates' Court at : [ specify venue ] Appeal No: Case No:
Appellant's name:
Appellant's address for service:
Name and address of appellant's solicitor:
Respondent's name:
Respondent's address:
TO
The Registrar of the Magistrates' Court at:
The Registrar of the County Court at:
The abovenamed respondent:
Details of the proceeding appealed
Venue of the Magistrates' Court from which proceeding is appealed:
Date order made:
Nature of proceeding:
[ Please attach copy of order to this Form ]
Grounds of appeal
[ Briefly state the grounds for the appeal ]
The Appellant requests the Registrar of the County Court to list the appeal
Details of the appeal:
The appeal is to be heard by the County Court sitting at:
Date of appeal:
Notice of appeal filed at: Date:
Signature of Appellant: Signature of Registrar:".
Dated: 2 September 2011
IAN L. GRAY,
Chief Magistrate
DANIEL J. MULING,
Deputy Chief Magistrate
PETER LAURITSEN,
Deputy Chief Magistrate
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