Legal Project Management Plan & Checklist
Purpose of this Guide: This step-by-step roadmap is meant for commercial litigation solicitors and debt recovery practitioners dealing with liquidated debts in Victoria. It covers the entire debt recovery lifecycle, from your first retainer to final enforcement under the Magistrates' Court General Civil Procedure Rules 2020 (VIC). For more resources, visit the Victoria Government Portal and the Victoria Legislation Registry.\n\n**Jurisdiction**: This applies to matters in the Magistrates' Court of Victoria for claims up to $100,000. We also touch on County Court and Supreme Court jurisdictions for larger or more complex claims. Always double-check current rules on the Victoria Legislation Registry.\n\n**Key Case Law**: Keep in mind Refuse to Lose Pty Ltd v Kostakis [2026] VSC 5, where deliberate non-compliance with court orders outweighed an arguable defence when setting aside a default judgment. Also see Thurin v Krongold Constructions [2022] VSCA 226, noting that VCAT cannot exercise federal judicial power for ACL claims.\n\n**Governing Legislation**: Key legislation includes the Magistrates' Court Act 1989 (VIC) and MCGCPR 2020 (VIC). You should also be familiar with the overarching obligations in the (VIC), the (VIC), the Penalty Interest Rates Act 1983 (VIC), the Sheriff Act 2009 (VIC), and the Limitation of Actions Act 1958 (VIC).\n\n**Current Thresholds (2025-26 FY)**: The penalty interest rate sits at 10% p.a. Filing fees in the Magistrates' Court range from $171.50 to $817 depending on the claim size, with corporate rates being double. Other key figures include a $4,000 minimum for statutory demands and a $10,000 minimum for bankruptcy notices. Check the and the for the most current fees.\n\n**The Process at a Glance**: The typical debt recovery process involves conducting conflict and debtor searches, issuing a formal Letter of Demand, and then filing and serving a Complaint (Form 5A). After that, you'll either obtain a default judgment (Form 21A) or proceed to a hearing. Finally, you'll select an enforcement mechanism—like a Warrant to Seize Property, Garnishee Order, Oral Examination, Instalment Order, or Bankruptcy Notice—execute the enforcement, and monitor the recovery. Keep an eye on the and for procedural updates.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Execute costs agreement, conduct debtor searches, issue formal demand, and verify demand period has lapsed.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Limitation of ***Actions Act 1958 (VIC)***:
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Penalty interest rate: 10% p.a. under the Penalty Interest Rates Act 1983 (VIC)*** s 2 (rate in effect since 1 February 2017).
While not strictly mandated by legislation, a letter of demand is standard practice. The Civil Procedure Act 2010 (VIC)*** imposes overarching obligations (ss 16–27) including: duty to cooperate (s 20), use reasonable endeavours to resolve the dispute (s 22), narrow the issues (s 23), and act proportionately (s 24). Failure to send a demand may attract adverse costs consequences under s 29.
Draft, file, and serve the Magistrates' Court Form 5A Complaint.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File Form 21A to obtain default judgment after the 21-day response period.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
VIC Magistrates' Court filing fees (effective 1 January 2026):
Fee waivers available for financial hardship.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Refuse to Lose Pty Ltd v Kostakis [2026] VSC 5
Scale costs on default judgment (as of 1 Jan 2026):