Civil and Money Matters FAQ

How do I have a court hearing adjourned/postponed?

Any listing of a matter can only be adjourned or postponed by the following means:

  • The filing of the written consent of all parties
  • An order of the Court upon the making of a Form 46A Application
What is the procedure to apply for a rehearing?

An Application for Rehearing is heard before a Magistrate or Judicial Registrar in open Court. Only final orders made in your absence can be set aside by a rehearing application. Final orders made when you were present in Court can only be overturned by appeal to the Supreme Court of Victoria.

If successful, your application overturns the Final Order previously made. This allows the proceeding to go on to hearing on a later date. A further hearing date will be set down by the Court after a successful application.

If you have found your name on Credit Reference list even though you have paid the debt in full, the only way to remove this record is to make application for rehearing and convince a Magistrate that the final order should not have been made against you.

When applying for a rehearing you must complete a Form 46B Application. You must clearly outline the grounds of your application within this document. You must clearly write the case number of your proceeding in the top right hand corner of the application form. The form must be signed by you in the space provided. Court staff will fill in the part of the form which sets out when and where the application will be heard – you should leave this area blank.

You must complete a sworn affidavit in support where the following details must be set out:

  • why you did not file and serve a Notice of Defence, or, 
  • why, after filing and serving a Notice of Defence you did not appear at the hearing when the final order was made; and, 
  • the full particulars of your defence to the claim made against you (extra pages can be added and attached if required) 

The affidavit in support must be sworn before a person authorised under Section 123(C) of the Evidence Act 1958 to witness affidavits - see related page "Who can receive Affidavits"

When you attend Court to have the application issued you should provide 3 copies of the application, along with the filing fee.

The Registrar will keep the original issued copy for the court file and return 2 copies to you.

One of these should be served on the other party and the other retained for your records.

You can mail these 3 copies of the application to the Court with the required fee to be issued.

The Court will return your 2 copies to you.

If there is a Warrant to Seize Property or other enforcement action in place against you, it will be put on hold until the rehearing application is decided by the Court.

Service

You are required to serve a copy of your application and the affidavit in support on the other party at least 14 days prior to the hearing date set down by the Registrar. The papers must be served either personally or by post to that party’s address for service. The Registrar can confirm this address if you are in any doubt.

A Form 6A (Affidavit of Service) must be completed once you have served the documents on the other party. You must fill in the way you served them (either personally or by mail), the date they were served, the time they were served and the address at which they were served.

The Affidavit of Service must be sworn before an authorised person and filed with the Registrar prior to the hearing date.

If you do not put in your appearance with the Court Coordinator by 9.30am on the day of your application, it may be struck out. You may be liable for the other party's costs in these circumstances.

Please Note: If your application is listed at Melbourne Magistrates’ Court, you should make your appearance to the Court 28 clerk on Level 6 by 9.30am.

How do I file for Bankruptcy?

This information can be obtained from the Federal Magistrates' Court.