2) County Court of Victoria Form 5A - Form-5a-Writ-Template

RULE 5.
02(1)
FORM 5A
WRIT
IN THE COUNTY COURT OF VICTORIA No. CI-[INSERT]

AT [LOCATION]
BETWEEN
[NAME] PLAINTIFF
and
DEFENDANT
[NAME]
Date of document: Solicitor’s code:

Filed on behalf of: Telephone:
Prepared by: Mobile (optional):
Email:
Ref:
TO THE DEFENDANT
TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim
set out in this writ.
IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which
you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by
filing an appearance within the proper time for appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by-
a. filing a “Notice of Appearance” in the Registrar’s office in the County Court Registry,
250 William Street, Melbourne, or, where the writ has been filed in the office of a
Registrar out of Melbourne, in the office of that Registrar; and
b. on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff’s
address for service, which is set out at the end of this writ.
IF YOU FAIL to file an appearance within the proper time, the plaintiff may OBTAIN
JUDGMENT AGAINST YOU on the claim without further notice.
*THE PROPER TIME TO FILE AN APPEARANCE is as follows-

a. where you are served with the writ in Victoria, within 10 days after service;
b. where you are served with the writ out of Victoria and in another part of Australia,
within 21 days after service;
c. where you are served with the writ in Papua New Guinea, within 28 days after
service;
d. where you are served with the writ 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. in any other case, within 42 days after service.
IF the plaintiff claims a debt only and you pay that debt, namely, $[sum] and $[sum] for legal
costs to the plaintiff or his solicitor within the proper time for appearance, this proceeding will
come to an end. Notwithstanding the payment you may have the costs taxed by the Court.
FILED [insert date]
Registrar
THIS WRIT is to be served within one year from the date it is filed or within such further period
as the Court orders.
Page 1
Page 2
Plaintiff’s indorsement of a statement of claim or of a statement sufficient to give with
reasonable particularity notice of the nature of the claim and the cause thereof and of the relief
or remedy sought in the proceeding.
1. [Insert as appropriate].
…………………………….
*Solicitor for the plaintiff/*plaintiff in person
Page 3
1. Place of trial: [insert the County Court location].

2. Mode of trial: [select from judge or judge and jury].
3. This writ was filed –
a. **By the plaintiff in person;
b. **For the plaintiff [name or firm of solicitor], solicitor, of [business address of

solicitor];
c. **For the plaintiff by [name or firm of solicitor], solicitor, of [business address of

solicitor]; as agent for [name or firm of principal solicitor], solicitor, of [business
address of principal].
4. The address of the plaintiff is: [state address].
5. The address for service of the plaintiff is: [state address].
Where the plaintiff sues by a solicitor, the address for service is the business
address of the solicitor or, where the solicitor acts by an agent, the business
address of the agent. Where the plaintiff sues without a solicitor, the address for
service is stated in 4, but where that address is outside Victoria, the plaintiff
must state an address for service within Victoria.
6. The email address for service of the plaintiff is: [state address].
7. The address of the defendant is: [state address].
*[Strike out this paragraph where order made fixing time for appearance and substitute “THE
PROPER TIME TO FILE AN APPEARANCE is within .... days after service on you of this
writ.”]
**[Complete or strike out as appropriate]

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RULE 5.

IN THE COUNTY COURT OF VICTORIA No. CI-[INSERT]

Date of document: Solicitor’s code:

*THE PROPER TIME TO FILE AN APPEARANCE is as follows-

e. in any other case, within 42 days after service.

FILED [insert date]

1. Place of trial: [insert the County Court location].

3. This writ was filed –

a. **By the plaintiff in person;

b. **For the plaintiff [name or firm of solicitor], solicitor, of [business address of

c. **For the plaintiff by [name or firm of solicitor], solicitor, of [business address of

4. The address of the plaintiff is: [state address].

5. The address for service of the plaintiff is: [state address].

7. The address of the defendant is: [state address].

**[Complete or strike out as appropriate]

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