What are the Certification Requirements in Victorian Courts?

Part 4.1 of the Civil Procedure Act 2010 requires 2 Certificates to be filed on commencing a civil proceeding:

1️⃣ An Overarching Obligations certificate (to be made by parties); and

2️⃣ A Proper Basis Certificate (to be made by lawyers).

Certification of Overarching Obligations

‍MUST be filed with the first Substantive Document in the civil proceeding filed by each party.

s. 41(2) of the Civil Procedure Act 2010 (Vic).

Section 3 defines ‘Substantive Document’ as:

(a) an originating motion;

(b) a writ that includes—

(i) a statement of claim; or

(ii) a statement sufficient to give, with reasonable particularity, notice of the nature of the claim, its cause and the relief or remedy sought;

(c) a complaint;

(d) a defence or a notice of defence;

(e) a reply;

(f) a counterclaim;

(g) an answer to a counterclaim or a response to an answer to a counterclaim;

(h) a claim by third party notice or a response to a claim by third party notice;

(i) a claim by fourth or subsequent party notice or a response to a claim by fourth or subsequent party notice;

(j) an application brought in accordance with section 93(4)(d) of the Transport Accident Act 1986 or a response to an application brought in accordance with that section;

(k) an affidavit which commences a civil proceeding or an affidavit which is the first response of a party in a civil proceeding;

(l) a summons which commences a civil proceeding or a summons which is the first response of a party in a civil proceeding;

(m) an application which commences a civil proceeding or an application which is the first response of a party in a civil proceeding;

(n) a notice of referral under section 80 of the Land Acquisition and Compensation Act 1986 or a response to a notice of referral under that Act;

(o) a claim for contribution against another party under Part IV of the Wrongs Act 1958 or a response to a claim for contribution against another party under that Part;

(p) an application for leave to appear and defend under the Instruments Act 1958;

(q) a claim for preliminary discovery;

But does NOT include—

(r) a summons for taxation of costs;

(s) an application to a court for punishment of a person for contempt of court;

(t) an application for a rehearing under section 110 of the Magistrates’ Court Act 1989;

(u) an application under section 60(2) of the Accident Compensation Act 1985;

(v) an application under section 24 of the Second-Hand Dealers and Pawnbrokers Act 1989;

(w) an application under section 83 of the Occupational Health and Safety Act 2004;

(x) any process which commences an appeal or any process which is the first response of a party to an appeal;

(y) any process which commences proceedings under the Corporations Act or the ASIC Act or any process which is the first response of a party to proceedings under either of those Acts;

(z) any originating motion filed under Chapter III of the Rules of the Supreme Court.

Certification of Proper Basis

A party’s legal practitioner MUST make Proper Basis Certification whenever it files its first Substantive Document or when it files any subsequent Substantive Document which:

⚖️ Adds or substitutes a party;

⚖️ Makes, adds or substitutes a claim or cause of action;

⚖️ Makes, adds or substitutes a substantive defence or substantive matter by way of response or reply;

⚖️ Makes, adds or substitutes a material allegation, denial or non-admission of fact or law;

⚖️ Makes any significant amendment to a first substantive document or a subsequent substantive document (s42(1)).

Court rules may be made which provide for other circumstances in which Proper Basis Certification MUST be made, or the court may direct that certification be made in any proceeding (s42(1)).

Source:

This FAQ is extracted from the Civil Procedure Bench Book published by the Judicial College of Victoria.

Important Notice:‍

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.