Magistrates' Court Practice Direction 4 Of 2009

The Magistrates' Court of Victoria has issued a new Practice Direction that is effective from 1 September 2009. Practice Direction 4 of 2009 sets out some new directions by the Court regarding the conduct of civil litigation.

Practice Direction 4 of 2009 provides that:

• No facsimile or other copy of a document shall be sent to or received in any civil registry of the Magistrates' Court except where provided for in the Court Rules or otherwise directed. Such documents will be rejected and returned (wherever possible).
• No affidavit or exhibit or annexure referred to in an affidavit shall be lodged in the Court for filing unless required to be filed by the Rules or by an order of the Court. Parties may tender to the Court any affidavit exhibits upon which they intend to rely in the course of the hearing of the proceeding.
• A true copy of a Complaint that has been filed electronically must be filed in the relevant registry of the Court within 21 days after the filing of a Notice of Defence by the Defendant.
• Parties to a proceeding must notify one another as soon as practicable of the time, date and place of hearing upon receipt of notice from the Court, including notice of hearing of a proceeding, arbitration, pre-hearing conference, mediation, interlocutory application, or summons.

Practice Direction 4 of 2009 can be viewed on the Magistrates' Court web site or by following this link: