Applications

General Applications

An application should be made on summons whenever notice should be given to another party. When notice is not required (i.e., when an application is made 'ex parte'), the application is made orally to the Court and brought on by a notice to produce, directed to the Prothonotary. In some instances the Supreme Court Rules stipulate that a summons must be filed, and in others that the application should be made ex-parte. In most instances, the Rules are silent on the question of notice and the decision must be made by the applicant.

Applications to the Practice Court

The Judge in the Practice Court hears and determines applications not within the jurisdiction of a Master, including applications in the Criminal Division and miscellaneous civil applications including applications for injunctive relief.

Applications for the Practice Court are issued at the Registry, Level 2, 436 Lonsdale Street, Melbourne. Affidavits in support may be filed at the same time or up to the day before the return date. The applicant may nominate a date, generally within two weeks, but must obtain permission from the Associate to list any application with less than one full day's notice next business day.

Practice Court applications are generally returnable in Court 10, 210 William Street, Melbourne, at 10.30am.

Please refer to Court Fees for the current fee to make an application.

Contact: Registry - Tel: 9603 9300

Relevant Practice Notes and Guides:

Practice Note No. 4 of 1993 - Practice Court - Urgent ex parte applications
Practice Note No. 3 of 1992 - Practice Court - Hearing of application - handing to Judge Minutes of Order and Outline of Submission
Practice Note No. 2 of 1988 - Practice Court - Application Proper to be made to a Master - Dismissal
Practice Note No. 7 of 1986 - New Rules - Distribution of Business Between Practice Court and Master - Originating Practice
Practice Note No. 6 of 1985 - Practice Robing
Practice Note 1984 - Practice Court - Urgent Application after Court has Risen

General Applications to a Master

Masters hear any applications within their power as per Order 77 and Rule 45.05 of the Supreme Court Rules. Each Master is allocated to a particular Division as per Practice Note No. 4 of 1999:

Master Evans - Commercial and Equity Division
Master Wheeler - Common Law Division

Applications are issued at the Registry, Level 2, 436 Lonsdale Street, Melbourne. Affidavits in support may be filed at the same time or up to the day before the return date. The Prothonotary will nominate the next available date in the appropriate Division. Any urgent applications will be assessed by the Prothonotary and allocated a date accordingly.

General applications to a Master's Court are returnable in Court 2, Ground Floor, 436 Lonsdale Street, Melbourne, at 10.30am.

Please refer to Court Fees for the current fee to make an application.

Contact: Registry - Tel: 9603 9300

Relevant Practice Notes and Guides:

Orders 45 and 77 - Chapter I of Civil Procedure Victoria
Practice Note No. 4 of 1999 - Supreme Court Divisional Structure
Practice Note No. 2 of 1993 - Master - Application to - Procedure
Practice Note No. 2 of 1988 - Practice Court - Application Proper to be made to a Master - Dismissal
Practice Note No. 7 of 1986 - New Rules - Distribution of Business Between Practice Court and Master - Originating Practice
Practice Note No. 9 of 1986 - Master - Application to - Procedure

Applications to the Taxing Master

Applications to the Taxing Master can be made in respect of party/party costs, and solicitor/own client costs.

Party/Party Costs Applications:

An application for party/party costs to be taxed shall be made to the Taxing Master. Applications are issued at the Registry, Level 2, 436 Lonsdale Street, Melbourne.

The following documents must be filed (see Rules 63.38 & 63.39):

• summons for taxation (Form 63A.)
• bill of costs
• a copy of the Order or judgment the taxation relates to, otherwise a copy of terms of settlement or Deed of Release
• Please refer to Court Fees for current application fee

Solicitor/Own Client Costs Applications:

An application under section 115 of the Legal Practice Act 1996 for solicitor/own client costs to be taxed shall be made to the Taxing Master. Applications are issued at the Registry, Level 2, 436 Lonsdale Street, Melbourne. Such an application must be filed within 2 months of client receiving the bill; if this time has expired, leave of the court is required to issue the summons.
The following documents must be filed (see Order 63 Part 6):

• summons
• bill of costs
• grounds of objection identifying each item in the bill client objects to and why (to be filed at least 7 days before the return date)
• there is no fee for solicitor/client taxation

All Taxation Applications:

In either case the Prothonotary will nominate the next available date. The summons must be served not less than 14 days before the day for the hearing named in the summons. On the return date, at the callover, the Taxing Master will fix the hearing date for the application.

Please refer to Taxation Callover dates

Taxation summonses are returnable before the Taxation Master in Court 5, Ground Floor, 436 Lonsdale Street, Melbourne, at 9.30am.

Contact: Registry - Tel: 9603 9300 Associate - Tel: 9603 9324