---
title: "Proper basis certification (Magistrates' Court of Victoria Form 4B)"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-vic-mcv-4b-proper-basis"
type: "precedent"
site: "AI Law Framework"
id: "a5-form-vic-mcv-4b-proper-basis"
area_id: "A5"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A5-T1-R2", "A5-V20260923-2"]
law_stated_as_at: "2026-10-22"
---

# Proper basis certification (Magistrates' Court of Victoria Form 4B)

> Link to Magistrates' Court Form 4B, the certification that a complaint or defence is not frivolous, vexatious or an abuse of process, filed with Form 4A.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-vic-mcv-4b-proper-basis  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at mcv.vic.gov.au and the 3 authorities it cites, for Victoria.

## When to use it

Use when a party files a Magistrates' Court civil complaint or a notice of defence. Form 4B is filed with Form 4A. The lawyer, not the tool, decides that there is a proper basis.

## Used for these tasks

- [Draft pleadings from the facts-and-issues brief](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md)
- [Check procedural citations against the court rules](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-procedural-citations-against-the-court-rules.md)

## How AI may be used

AI may check the draft against the current official form and list what is missing; the lawyer settles every statement that will be filed and signs or lodges the form.

**AI may:**

- Check the draft is the current version of the form and list every blank field or missing attachment
- Index the documents on the file that the form calls for, with date and author
- Turn the court's published filing and service steps into a checklist for this matter

**AI must not:**

- Must not write allegations, grounds, orders or figures in words that will be filed
- Must not decide jurisdiction, standing or whether a time limit has been met
- Must not sign, lodge or serve the form
- Must not assert that a claim or defence has a proper basis

**The lawyer checks:**

- Form 4B is filed with the complaint or the notice of defence, and with Form 4A
- The certification is about that filing: the Court describes it as a statement that the complaint, or the defence, is not frivolous, vexatious or an abuse of process
- The person who signs can properly give the certification
- Default-judgment applications also call for Form 4B if it is not already on the file

## Authorities

- [Magistrates' Court of Victoria, Defending a civil matter (Form 4B)](https://www.mcv.vic.gov.au/civil-matters/defending-civil-matter)
- [Magistrates' Court of Victoria, Starting a civil matter (Form 4B)](https://www.mcv.vic.gov.au/civil-matters/starting-civil-matter)
- [Magistrates' Court of Victoria, Form 4B](https://www.mcv.vic.gov.au/form-finder/proper-basis-certification-form-4b)

## Official form

[Official form](https://www.mcv.vic.gov.au/civil-matters/defending-civil-matter)

## Where this comes from

The official form is published by mcv.vic.gov.au; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-vic-mcv-4b-proper-basis and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*