Proper basis certification (Form 4B)

Section 42 of the Civil Procedure Act 2010 (Vic) requires a legal practitioner acting for a party to file a proper basis certification when the party's first substantive document is filed, and with later substantive documents that add or substitute a party, claim, defence or material allegation, or significantly amend an earlier document (s 42(1)). In a proceeding involving allegations of fact, the certification states that each allegation, denial and non-admission has a proper basis on the factual and legal material available (s 42(1A)); for a proceeding seeking particular relief, it covers each claim, response and question to the court (s 42(1B)). If a party has no lawyer, the party completes it personally (s 42(4)). Rule 4.10(2) of the Magistrates' Court General Civil Procedure Rules 2020 requires it to be in Form 4B.

When you need it

• You are filing a complaint, notice of defence, counterclaim or other first substantive document in a civil proceeding.
• You are filing a later document that adds a party or claim, a new defence or material allegation, or makes a significant amendment (s 42(1)(b)).
• Not needed for processes for the registration or enforcement of orders, which rule 4.10(1) exempts.

1. 1

   Fill in the heading

   Give the court number, venue, plaintiff and defendant with addresses, the date, who it is filed on behalf of and any lawyer's details.

2. 2

   Name who is certifying

   Insert the legal practitioner's name or, if the party has no lawyer, the party's own name.

3. 3

   Identify the document

   Name the document the certification relates to and the party it is filed for.

4. 4

   Choose the right paragraphs

   For a proceeding involving allegations of fact, keep (a) to (c) on allegations, denials and non-admissions as they apply. For a complaint seeking particular legal relief, keep (a) to (d) on claims, responses and questions. Delete what does not apply.

5. 5

   Date and sign

   The practitioner, or the self-represented party, signs and dates it.

• File it with the document it relates to. The court's form page says to file it with your first document in the case, for example a complaint or defence.
• Filing can be at the office of the court at the proper venue or electronically (r 4.10.1).
• If a document must be filed urgently, it can be filed without the certification, which must then be filed as soon as practicable (s 44).

• A proper basis for an allegation or denial means a reasonable belief in its truth or untruth; a non-admission is proper where you do not know whether the fact is true (s 42(3)).
• The court will not stop a filing merely because the certification is missing, but it can take the failure into account, including on costs (ss 45, 46).
• The court's form finder now links a 2026 Word file for Form 4B; the wording matches this version.