Commencing and defending civil proceedings in the Magistrates' Court
Legal action to recover money is commenced by filing a Complaint document with the Magistrates' Court.
A Notice of Defence is filed if you have been served with a Complaint and you wish to defend the matter.
An Application for Order is used to obtain a judgment order.
| Overarching Obligations Certification - Form 4A | You must complete this form and file it with the court with your first document in the case, e.g. complaint or defence. |
| Proper Basis Certification - Form 4B | You must complete this form and file it with the court with your first document in the case, e.g. complaint or defence. The Form 4B certifies that each of the allegations or denials in your complaint or defence has a proper basis. |
| Complaint - Form 5A | Use this Complaint form to initiate legal action in the civil jurisdiction of the Magistrates' Court of Victoria |
| Complaint (Fencing Dispute) - Form 5A | Use this form to initiate proceedings to settle a fencing dispute |
| Affidavit of Service (Complaint) - Form 6A | Affidavit to be sworn by person serving a Complaint to verify service of that Complaint. |
| Defence - Form 8A | Defendant to use this form to give notice of intention to defend a claim. Two copies must be completed. One copy must be lodged with the Magistrates' Court and one copy served on the plaintiff/plaintiff's lawyers |
| Counterclaim - Form 10A | Form to be completed by defendant to make a Counterclaim against a plaintiff's claim. |
| Counterclaim (overseas) - Form 10B | Form to be completed by defendant to make a Counterclaim against a plaintiff's claim where the Counterclaim must be served out of Australia. |
| Application for Order in default of Defence - Form 21A | Form to be completed by plaintiff to apply for an order to be made on failure of defendant to lodge Notice of Defence |