Overarching obligations certification (Form 4A)

Section 41 of the Civil Procedure Act 2010 (Vic) requires each party to a civil proceeding to personally certify that they have read and understood the overarching obligations and the paramount duty, and to file that certification with the first substantive document they file in the proceeding. Rule 4.09 of the Magistrates' Court General Civil Procedure Rules 2020 says the certification must be in Form 4A. The paramount duty (s 16) is to further the administration of justice. The overarching obligations (ss 17-26) include acting honestly, having a proper basis for claims, cooperating, not misleading or deceiving, using reasonable endeavours to resolve the dispute, narrowing the issues, keeping costs reasonable and proportionate, minimising delay and disclosing the existence of documents.

When you need it

• You are a plaintiff filing a complaint (Form 5A), or a defendant filing a notice of defence (Form 8A), in a Magistrates' Court of Victoria civil proceeding. The court's guides list Form 4A as a document to file at those steps.
• You are a plaintiff applying for a default order and have not yet filed Form 4A; the court's default judgment guide says to file it then.
• Not for proceedings the Act does not cover, such as family violence and personal safety intervention order matters or federal jurisdiction (VCAT Part 3A) matters (s 4(2)).

1. 1

   Fill in the heading

   Use the court number, venue and party names from the complaint, and the filing details for the party making the certification.

2. 2

   Name the party

   Insert the name of the party who is certifying. Each party completes its own Form 4A.

3. 3

   Read the obligations first

   Read sections 16 to 26 of the Civil Procedure Act 2010 before signing. The certification is that you have read and understood them.

4. 4

   Sign it personally

   The party signs personally. A litigation guardian or similar representative may sign for a represented party (s 41(3)), and where an insurer or other person controls the proceeding under a statute or insurance contract, that person may sign (s 41(4)).

5. 5

   Date it

   Insert the date of signing.

• File it with the party's first substantive document in the proceeding (s 41(2)(a)), such as the complaint or the notice of defence.
• It can be filed at the court office at the proper venue or electronically (r 4.10.1).
• The court's guides pair it with a proper basis certification (Form 4B), which is a separate form under section 42 and rule 4.10.
• There is no separate service step in rule 4.09; check whether a fee applies on the current civil fees page.

• A lawyer cannot sign Form 4A for their client as a matter of course. The party must certify personally unless one of the exceptions in section 41(3)-(5) applies.
• A represented party who has personally certified in another civil proceeding in the same jurisdiction within the last 2 years does not have to certify again if their lawyer certifies that fact in Form 4AB (s 41(5); r 4.09.1).
• The obligations continue for the whole proceeding, including any appropriate dispute resolution (s 16).