Civil Forms
The forms on this website are commonly used forms for the Magistrates' Court of Victoria. If the form you require is not listed, you will find it in the Magistrates' Court General Civil Procedure Rules 2010 or the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010. If you require assistance in locating forms, please contact your local Magistrates' Court.
A Forms Comparison Table is available here to assist you to compare the forms in the old Magistrates' Court Civil Procedure Rule 2009 with those now in effect under the new Rules introduced on 1 January 2011.
| 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. |
| Enforcement of civil debt | If a judgment order has been made and the debt remains unpaid, the judgment creditor has the right to enforce payment of the debt. A judgment will only be enforced at the request of the judgment creditor. There are a number of enforcement options available through the Magistrates' Court of Victoria. |
| Re-Hearing Application | If a judgment order has been made against you in your absence, a Re-Hearing Application may be made to apply to have the judgment set aside. An Affidavit in Support is often required to support your application. |
| Interlocutory Application (Form 46A) | A Form 46A Interlocutory Application is a general application, which can be filed with the court to apply for any general direction of your civil proceeding. An application of this type can be used, for example, to apply for an adjournment, to extend the validity of a Complaint, or to file documents outside the usual filing time limits. |
| Subpoena | In any proceeding, a Subpoena may be used to order that a person attend court for the purpose of giving evidence, producing any document or thing, or for both purposes. |
| Case Transfers | Case Transfer forms are used to make an application to have a matter transferred from the County Court to the Magistrates' Court or from the Magistrates' Court to the County Court. |
| Other Civil Forms | An Affidavit in Support of Enforcement is used to register a judgment made in another state with the Magistrates' Court of Victoria. A general Affidavit of Service can be used to verify service of any document. |