Civil procedure in Victoria, Australia refers to the legal process that is followed in the state's civil courts for resolving disputes between individuals, organizations, and the government. The process is governed by the Supreme Court (Civil Procedure) Rules 2020 and the Civil Procedure Act 2010.
The civil procedure in Victoria begins with the filing of a claim, also known as a statement of claim, by the person or organization seeking a resolution to the dispute. The claim must be served on the other party, also known as the defendant, who then has an opportunity to respond with a defense, also known as a defense or counterclaim.
Once the claim and defense have been filed, the court may require the parties to participate in a conference or mediation in order to try to resolve the dispute out of court. If the dispute cannot be resolved through these means, the case will proceed to trial.
The trial process in Victoria includes the exchange of evidence and witness statements, and the presentation of arguments by both parties. The judge or jury will then make a decision based on the evidence presented.
It's important to note that Civil procedure in Victoria, as well as in other states of Australia, may vary depending on the specific court and the type of case.
