Included with LEAP Office

County Court Civil (VIC) - Step-by-Step Guide

Author: By Lawyers For Lawyers

The conduct of a County Court proceeding followed sequentially from settling it early to going to court.

LEAP Clients:
If you wish to subscribe to this publication, please contact us at

Non-LEAP Clients:
Purchase this Guide from the new ByLawyers website

$59.00 + GST
per month
for minimum 3 months subscription

then cancel anytime


The following preview is an excerpt from this publication's full guide.

Purchase now for access to the commentary and precedents included in this publication.



The County Court’s injunctive power is unlimited.

The power extends to granting freezing orders (previously known as Mareva orders or asset preservation orders), inspection, detention and preservation of property orders and search orders (previously known as Anton Piller orders) under Orders 37, 37A and 37B County Court Civil Procedure Rules, in proceedings within its jurisdiction: s 37 County Court Act 1958. See also practice notes 1-2007 and 2-2007.

The County Court has a duty judge who can hear urgent applications after hours. If proceedings are already on foot in the County Court, contact the duty judge first for an urgent application. 

Otherwise you can also approach the Supreme Court Practice Court. See the Step-by-Step Guide to the Supreme Court, which provides commentary and precedents in relation to injunctions.

Undertaking as to damages

Before granting an injunction, the court will usually require the applicant to give an undertaking as to damages. This is an undertaking that the applicant will compensate any person affected by the injunction for loss caused by the injunction. Before applying for an injunction, you must obtain instructions that your client is willing and able to give this undertaking.

The undertaking should not be given lightly. It is essential that your client understand that the amount of compensation payable could be enormous. For an explanation of the principles and an example where a plaintiff was ordered to pay over $5 million in compensation, see Love v Thwaites & Anor [2014] VSCA 56.

Service of injunctions

The court may grant an interlocutory injunction, before or after the commencement of a proceeding: r 4.08, r 38.01.

When the injunction is granted, give consideration as to the most effective manner of bringing the injunction to the defendant’s notice and make appropriate submissions to the judge. Orders can be sought for service of an injunction by facsimile, electronically and even to the voicemail of a mobile telephone, depending upon the circumstances and the urgency of the matter.

Costs of injunctions

Rule 38.03 gives the court a discretion in relation to the costs of an injunction obtained before the trial of a proceeding. In addition, Order 63A provides:

63A.19 Interlocutory injunction

Where the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction.

63A.20 Interlocutory application

Each party shall bear that party's own costs of an interlocutory or other application in a proceeding, whether made on or without notice, unless the Court otherwise orders.

© Copyright By Lawyers For Lawyers, 2009, Sydney. All rights reserved.Last Updated: 24/04/2015

*Preview Only
Smokeball ABN: 37 133 794 117
Smokeball Australia | Smokeball Malaysia
© 2015 Terms of Use
Sydney: Level 8, 207 Kent Street, Sydney NSW 2000
Melbourne: Level 8, 45 William Street, Melbourne VIC 3000
Brisbane: Level 1, 365 Turbot Street, Spring Hill QLD 4000

Contact Us

Your name

Your email

Your phone




Smokeball Terms & Conditions

Smokeball does not invite reliance upon, nor accept responsibility for, the information it provides.

Smokeball makes every effort to provide a high quality service. However, neither Smokeball nor the providers of data on Smokeball, give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided.

Users should confirm information from another source if it is of sufficient importance for them to do so.

Product Feedback

Found a problem with this product, whether it be spelling, formatting or content, we'd love to hear from you!

First Name

Last Name


Related to:




Review -

Help us ensure that each guide is relevant, current and meets expectations of all users.

Your Details:

First Name:

Last Name:







Start your eBook download here

Your email:


Request an eBook

The eBook for this publication is not ready. You can help set our priorities for eBooks by informing us of your needs below.




You have reached your download limit for this eBook

Download only available with recurring subscriptions

The eBook for this publication is not available for your current access (expires ). You can upgrade to a recurring subscription now for access to eBooks.


Upgrade Now


This Work is a precedent or guide prepared by the Author and is not legal advice. The facts of each case will be different and Users must satisfy themselves that this Work is appropriate for the particular case or circumstances for which they intend to use the Work. Neither the Author nor Smokeball is providing legal advice nor do they warrant that this Work is entirely free of defects or fit for any specific purpose and neither the Author nor Smokeball accept any liability for any errors or omissions in the Work and any loss or damages resulting from or connected with the use of the Work. The Author and Smokeball recommend that Users be familiar with the applicable laws and legal procedures relating to the use of the Work, or otherwise should seek legal advice, before using the Work. Smokeball accepts no liability for the publication of the Work by the Author on the Smokeball System.

Links to Third Party Websites

Smokeball contains links to third party websites which are external to Smokeball. Smokeball makes no warranties and accepts no liability for any links contained within Smokeball to third party internet sites; the content and/or the accuracy, correctness, currency and/or reliability of such content therein; or any consequence of acting upon the contents of any website which is not owned/operated by Smokeball. Smokeball does not endorse the content, or the use, of such websites, material or content linked from or to this website. Users of links provided within Smokeball are responsible for being aware of which organisation is hosting the website they visit. Views or recommendations provided in linked websites do not necessarily reflect those of Smokeball.

Submit your legal or procedural question by completing the form below. You can expect to receive a confidential reply via email usually within 24 hours.


Contact Name

Contact Email

Area of Law


NOTICE: Your question and our answer may be published anonymously through the Mentor Knowledge Base on the By Lawyers For Lawyers website. Questions and answers are used for educational purposes only and any identifying information is removed prior to publication. If you would prefer your question not be published, please advise By Lawyers For Lawyers at

Submit Question
provided by: