County Court Legal Agency Services and Town Agent Lawyers

Has your client been served with a Writ and Statement of Claim issued in the County Court, and intends to defend the proceeding?

Do you have instructions to commence proceedings in the County Court of Victoria?

CBL can agent as your town agent in providing as much or as little assistance throughout County Court proceedings as you may require which may range from us being your address for service only, to providing advice on processes and procedures, to assisting in preparation of pleadings and to appearing in Court and at Mediation.

A large number of our town agency enquiries relate to County Court proceedings.  In Victoria the majority of claims for debt or damages in excess of $100,000.00 are commenced in the Court County Court, as it has unlimited monetary jurisdiction.

There is no need for you to review the Rules and locate the appropriate form of documents to commence, or to appear and to thereafter file a defence in, County Court proceedings.  We prefer to provide these documents to you at no charge so that they are in the form that we recommend for making it clear to the Court and to the parties that your firm acts as principal solicitor, CBL acts as your town agent and our Melbourne CBD office is your client's address for service in Victoria.  Contact us and we will promptly send you the relevant forms for defending the proceedings or commencing the proceedings as set out below.

If enquiring via email or our online contact form please advise in your email that the proceeding is a County Court proceeding, and advise whether you act for the Plaintiff(s) or the Defendant(s).  This will allow us to promptly send you the appropriate forms.

Defending County Court Proceedings

Once you contact us regarding town agency services for a County Court Defence, the process begins as follows:

  • We will provide at no charge a package containing a template Notice of Appearance (or Conditional Notice of Appearance, if your client intends to challenge jurisdiction) and Notice of Defence, along with Overarching Obligations and Proper Basis Certifications required by the Victorian Civil Procedure Act, all tailored to the our recommended format for town agency retainers.
  • If you require advice on the jurisdiction of the Court (with a view to then considering making an application to strike out the proceeding for want of jurisdiction) and advice on the Service and Execution of Process Act (with a view to potentially making an application to stay the proceeding based upon a Court in your State being the appropriate Court to to determine the dispute), we can provide a general advice for you to consider at a fixed fee. It is often assumed by interstate firms that the Court has jurisdiction because of its unlimited monetary jurisdiction; however, there are also other prerequisites to the County Court being vested with juridiction.
  • If your client does not intend to challenge jurisdiction, we would then file the Notice of Appearance via our online filing system.  If your client intends to challenge jurisdiction then a Conditional Notice of Appearance would be filed.  If jurisdiction is not to be challenged, but your client intends to apply to stay the proceeding under the SEPA legislation, it is an unconditional appearance which is appropriate.
  • You would then be able to prepare your client's Defence and any Counterclaim using the templates that we provided, and with our assistance regarding the substantive pleadings if so requested.  The Defence and any Counterclaim are in the usual course required to be filed within 30 days of entering an appearance.  We work with you if required at this point to also determine, given the particular circumstances of the case, the appropriate point at which to file any Summons to strike out or stay the proceeding and we can assist in the preparation of affidavit material in support if you so require.

We would then continue to act as your town agent and be your address for service in Victoria, along with providing substantive advice and appearances in Court when so instructed by you throughout the course of the proceeding.

If contacting us via email or our online contact form please advise in your email that the proceeding is a County Court proceeding in which you act for the Defendant(s), in order to assist us to promptly send you the appropriate forms.

Commencing County Court Proceedings

Once you contact us regarding town agency services for a County Court proceeding wherein you will act for the Plaintiff(s), the process begins as follows:

  • We will provide at no charge a package containing a template Writ and Statement of Claim along with Overarching Obligations and Proper Basis Certifications required by the Victorian Civil Procedure Act, all tailored to our recommended format for town agency retainers.
  • You would then be able to prepare the initiating process using the templates that we provided, and with our assistance regarding the substantive pleadings if so requested.
  • Once the pleadings are finalised we are able to promptly file the Writ and Statement of Claim via our online filing system.  We can then attend to or arrange for service if you wish, or we can send the documents to you for service.  There is no delay if you attend to or arrange for service as, when filing online, the Court provides an electronic Seal, enabling us to email the Sealed document to you in a form which it can then be printed and served.

After service of the Writ and Statement of Claim, we can assist in obtaining judgment in default if no Notice of Defence is filed.  If a Notice of Defence  (or Defence and Counterclaim) is filed, we would then continue to act as your town agent and be your address for service in Victoria, along with providing substantive advice and appearances in Court when requested by you throughout the remainder of the proceeding.

If contacting us via email or our online contact form please advise in your email that the proceeding is a County Court proceeding and that you act for the Plaintiff(s), in order to assist us to promptly send you the appropriate forms.

Please visit the following pages for further details of our legal agency services and all services that we provide to law firms:

You can choose your fee model for Town Agent Retainers.