RedCrest
User Instructions
Supreme Court of Victoria
Case Management System for the
Commercial Court
Version 6 August 2014 (New items marked * or the latest marked **)
“Red Crested Cardinal” Photograph Copyright © Lewis Scharpf
6 August 2014
INTRODUCTION TO REDCREST
The Supreme Court has developed a new electronic case management system for the
Commercial Court called “RedCrest”.
Implementation of the project commenced in the TEC List of the Court as a pilot
project on 22 September 2011. Following a successful trial with over 400 users,
further development of the system has now taken place for the Commercial Court. It
is proposed to introduce the system progressively to other divisions of the Court.
The filing of documents in the Commercial Court will be governed by the RedCrest
Rules introduced into the Supreme Court (General Civil Procedure) Rules 2005
[principally Order 28A]. The Court Rules will in turn be supported by a Practice
Note, these User Instructions and online animated Training Films illustrating the
main operations of the system.
RedCrest offers a comprehensive ‘one-stop-shop’ case management system for a
proceeding in the Commercial Court of the Supreme Court, presented in a simple,
workable and secure format. It provides a range of state-of-the-art features to assist
in the management of a case from start to finish and will significantly enhance
communications between the Court and those participating in litigation.
The system is designed with simplicity as a central feature. For most users it will
require little or no training beyond reading these instructions and a small amount of
practice. The animated training films will be accessible from the RedCrest
homepage.
The electronic file created in RedCrest will become the Court file in a proceeding in
the Commercial Court. The electronic file may be accessed by the Court, legal
practitioners (barristers and solicitors) and others who have been approved by the
Court and issued with a username and password. The Court file may be accessed
and used online at any time from any location via the internet: by solicitors for filing,
and by solicitors and counsel and others for viewing and using all documents in a
proceeding (e.g. filed documents, transcripts, and orders).
Except for new Originating Process and Appearance forms designed for RedCrest,
and some other modifications introduced by the Red Crest Rules, the existing Rules
of Court will continue to apply in relation to the documents that are filed.
The administration of RedCrest will be assisted by a Co-ordinator appointed by the
Commercial Court to administer the user names and passwords and the system
generally. The RedCrest Co-ordinator will also provide an Inquiries and ‘Help Desk’
facility. For contact details see the RedCrest Public Homepage:
www.redcrest.com.au
Hon. Justice Peter Vickery
Judge-in-Charge, RedCrest
Supreme Court of Victoria
RedCrest Text, Photographic Images, Training Films, Application & System Design is copyright (© Supreme Court of Victoria,
2011). Apart from any use permitted under the Copyright Act 1968 and subsequent amendments, no part may be reproduced
without the prior written consent of the Chief Executive Officer of the Supreme Court of Victoria. The “RedCrest” system is the
subject of a Provisional Patent, and a Trademark registered with IP Australia dated 9 August 2011.
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TABLE OF CONTENTS
DICTIONARY
I. APPLICATION OF REDCREST TO COMMERCIAL COURT
II. ACCESS TO THE SYSTEM AND PAGE DESCRIPTIONS
A. RedCrest Homepage
B. Logged in Page
C. Case Page
III. REDCREST ADMINISTRATION AND HELPDESK
IV. REGISTRATION FOR REDCREST
A. Username and Password (Legal Practitioners – solicitors and counsel)
B. Username and Password (Other Persons, Mediators, Referees, Arbitrators &
Transcript Providers)
C. Username and Password (Conditions of Use and Management)
D. Username and Password Application Procedure
V. ROLE OF CASE MANAGER
VI. ELECTRONIC FILING OF DOCUMENTS (GENERAL REQUIREMENTS)
A. Documents Filed in RedCrest
B. Filing Documents by Self-represented Party
C. Filing a Document by Mistake (in Error)
D. Offers of Compromise
E. Permitted Format
F. Removal of Hidden Document Version Histories
VII. CASE INITIATION
A. Access to Case Initiation System
B. New Originating Process
C. Access to and Preparation of Originating Process (Interactive Online Form)
D. Procedure for Filing Originating Process
E. What Happens on Filing Originating Process
VIII. OTHER INTERACTIVE FORMS AVAILABLE ONLINE
A. Appearance Forms
- Self Represented Persons
- Persons represented by a Solicitor
B. Third Party Notice
C. Counterclaim
D. Subpoena
E. Summons
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IX. FILING OTHER DOCUMENTS INTO AN ESTABLISHED CASE PAGE
(i.e. Documents not requiring payment of a fee)
X. ORDER FOR ELECTRONIC SERVICE
XI. EXHIBITS AND COURT BOOKS
A. Exhibits
B. Court Books
XII. MAINTAINING CONFIDENTIALITY
A. RedCrest Confidentiality Protection
B. Protocol for Signatures
C. Privacy Protections
XIII. REDCREST OPERATION and FUNCTIONS
A. RedCrest Operation
B. Moving Between Pages
C. Document Search System
D. Transcripts
E. Orders Wizard
F. Archive
XIV. PUBLIC ACCESS AND USE
XV. EMERGENCY PROCEDURES
XVI. SECURITY MEASURES
XVII. TRANSITIONAL ARRANEGEMENTS (FOR PRE-2014 REDCREST CASES)
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DICTIONARY: In this Instruction Manual:
“Court Rules” mean the Supreme Court (General Civil Procedure) Rules 2005;
“RedCrest” means the electronic case management system known as “RedCrest” in
operation in the Supreme Court of Victoria from time to time;
“RedCrest Practice Note” means the Practice Note in force from time to time issued
by the Chief Justice which relates specifically to RedCrest;
“RedCrest Rules” mean the Court Rules which relate specifically to RedCrest; and
“Registry” means the Registry of the Commercial Court.1
I. APPLICATION OF REDCREST TO COMMERCIAL COURT
1
Application of RedCrest: RedCrest shall apply to Judge managed (not Associate
Judge managed) proceedings in the Commercial Court commenced under the
Court Rules in the:
(a)
Commercial List (Order 2 of Chapter II);
(b)
Technology Engineering and Construction List (TEC List)
(Order 3 of Chapter II);
(c)
Corporations List (insofar as the proceedings are entered into
a Judge managed List) (Chapter V); and
(d)
Intellectual Property List (Order 2 of Chapter VIII).
II. ACCESS TO THE SYSTEM AND PAGE DESCRIPTIONS
A. RedCrest Public Homepage
2
Open RedCrest: In order to work in RedCrest, first open the “RedCrest Public
Homepage” by keying in the RedCrest domain name into your Internet Web
Browser www.redcrest.com.au or simply search and call up “RedCrest” in
your search engine. For operation, it is strongly recommended that, until
further notice, the “Google Chrome” browser be used. It is also recommended
that when using Google Chrome, the IE Tab be installed as an extension –
[watch for a RedCrest Bulletin].**
Commercial Court Registry, Ground Floor, 450 Little Bourke Street, Melbourne VIC 3000,
Telephone: 03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
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3
RedCrest Homepage: Upon opening RedCrest, the RedCrest Homepage will
appear marked “Homepage”. This will be a public page. The Homepage will
look like this:
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4
Top Status Bar: Access is provided by clicking on the following sections:

Rules and Practice Note The Court Rules which apply to RedCrest
and the RedCrest Practice Note are accessible here.

Commercial Court Lists This will provide direct access to the
explanatory pages and materials applicable to each list of the
Commercial Court on RedCrest.

Daily List Access to the Supreme Court Daily List is provided linked
to the Supreme Court web-site.

Pre-2014 RedCrest Cases Access to the cases commenced on RedCrest
before 2014 is provided here.

Search this site This provides a facility to search the Homepage and
documents accessed from the Homepage.
5
Short Introduction to RedCrest: A short introduction to RedCrest is provided.
6
Bulletin Board: A Bulletin Board is displayed on the Homepage. This will
provide updates on the RedCrest system and its use. The most recent
bulletins will be displayed on the Homepage. All previous bulletins will be
displayed by clicking on RedCrest Bulletins .
7
Training Videos: Training films will be displayed from this facility
demonstrating the main operations of RedCrest. [Note: the Training Videos
will be added as soon as they are complete].
8
Log in: If the user already has a username and password, access to use
RedCrest beyond the Homepage is provided here. Applications for a
username and password may be made online by clicking on Register here .
9
Pay My Account: This provides a facility to pay any Court fee online without
having to go beyond the Homepage (e.g. daily hearing fees and jury fees).
10
Information: Access to other information about RedCrest is provided here
including contact information for inquiries and the RedCrest ‘HelpDesk’.
11
Bottom Status Bar: This status bar is common to all pages of RedCrest. It
provides access to these User Instructions and information about copyright
and the intellectual property of RedCrest, disclaimer information (based on
the provisions of the Supreme Court Act) and privacy.
B. Logged in Page
12
Logged-in Page: Upon logging in to RedCrest, the Logged- in Page will appear
marked “Logged-in Page”. The Logged-in page will look like this: *
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13
Logged In Page Dedicated to User: The Logged-in Page will be accessible by
clicking on Log in and will provide a gateway to the facilities provided by
RedCrest to each registered user.
14
Top Status Bar: The following additional features are added to the Top Status
Bar: *

Homepage symbol: The Homepage symbol can be clicked on to return to
the Homepage.

Registered User name: The name of the registered person who has logged
in (in the example - John Litigious).

Search RedCrest: This will provide a facility to search the whole of the
RedCrest web-site for documents and content to which the registered
user has access.
15
My Cases: This will provide direct access to each of the cases a registered legal
practitioner or party is registered for, and each of the cases that a Judge has
been allocated and is managing or is to hear. The list of cases in “My Cases”
will appear in alphabetical order.
16
Start a Case: This will provide access to enable a registered legal practitioner to
initiate a new proceeding, as described below under “VII. CASE
INITIATION”. Interactive forms, including the new forms of Originating
Process are available online under Need a Form? .
17
View / Access Other Cases: This will provide access to enable a registered legal
practitioner or party to view the ‘Public’ (not ‘Confidential’) documents in
cases for which the person is not registered, or to apply to the Case Manager
of such a case for full access to that case (e.g. upon the engagement of a new
barrister to the case; or the appointment of a new or additional solicitor to the
case).
C. Case Page
18
Access to a Case Page: Upon clicking on My Cases in the Logged-in Page,
direct access to each of the cases a legal practitioner or party is registered for,
and each of the cases that a Judge has been allocated and is managing or is to
hear. The list of cases in “My Cases” will appear in alphabetical order. After
selecting and clicking on the desired case, the Case Page for the case will be
displayed.
19
Case Page: A Case Page will look like this: *
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Top Status Bar: The following features are included in the Case Page Top Status Bar:

Homepage symbol: The Homepage symbol can be clicked on to return to
the Logged-in Page.

Orders: This will give access to the Orders Wizard system for the
making of Orders in the particular case (when this is constructed –
watch for a RedCrest Bulletin - see below). To return to the Case Page
click on the browser back button.

Calendars: This provides access to two functions: Case Calendar containing a complete calendar for all steps ordered in a proceeding;
and Trial Planner containing a complete timetable for the micromanagement of a trial. The data in both functions will be entered by
the Court. To return to the Case Page click on “Case Page” on the top
status bar.

Notice Board: providing information about a case [e.g. a change of
Courtroom; whether to robe or not for a hearing]. The data will be entered
by the Court. To return to the Case Page click on “Case Page” on the
top status bar.

Task List: providing a notice board providing information about tasks
allocated by the Court to practitioners or parties. The data will be
entered by the Court. To return to the Case Page click on “Case Page”
on the top status bar.

Registered User name: The name of the registered person who has
logged in (in the example - John Litigious).

Search RedCrest: This will provide a facility to search the whole of the
RedCrest web-site for documents and content to which the registered
user has access.
20 Other Information Features of the Case Page: Other features of the Case Page
accessible to parties and legal practitioners registered for the case include:

Case Information: The Case Information Section will include the
following information automatically populated from the Originating
Process: Case Start Date (automatically populated from the Originating
Process); Date of the next Directions (automatically populated from the
Originating Process)Date (and on clicking on Directions Hearing
Date(s) the dates of all directions hearings; Trial Estimate
(automatically populated from the Originating Process) (this may be
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updated from time to time by the Court as the case proceeds); and the
Trial Date (when allocated) will be entered by the Court.

Case Summary: The name of the Judicial Manager or Trial Judge will be
added when the case has been allocated. A description of the Subject
Matter of the Claim and the Causes of Action (automatically populated
from the Originating Process).
21 Court File: The Court File will be accessible to all legal practitioners and
parties registered for a case, containing: Document Identifier (“Doc ID” - a
code assigned to each filed document); Date of Filing; Title (being the Court
name of document); Content Type (being the document type); 2 Filing Party
(being the party who filed the document [ e.g. Plaintiff or Defendant etc.]; and
Privacy status [Public or Confidential]. This section will be populated from
prompted information required to be entered by the filing practitioner on
filing each document.
22 Display of Recent Documents: The documents most recently filed will
automatically appear in the Court File on the Case Page.
23 Display of Full Court File: For access to the full Court File, click on Court File .
This will display all the documents filed in the case in date order.
24 Access to Groups of Documents: * A display a list of the Groups of Documents
[e.g. Pleadings; Orders etc.] will appear on clicking on Court File alternatively
on
Content Type on the Case Page. The groups of documents will be displayed
for selection in a drop down box which will appear. By clicking on the
relevant grouping in the drop box all documents filed in the relevant case
within that grouping will be displayed. [In this way a Pleadings Book, for
example, can be created from the file]. Groups of documents may also be
displayed by entering the desired group in the search box on the Court File
page.
Content types for documents to include the following groups: Applications and supporting
documents [App]; Expert Reports [EXP R]; Lists of Documents [Doc List]; List of Issues [Iss List];
Orders [O]; Pleadings [P]; Rulings and Judgments [R & J]; Submissions (Applications) [App Sub];
Submissions (Trial) [Tr Sub]; Subpoenas [Subp]; Trial Affidavits [Tr Aff]; Witness Statements [WS].
Access will also be given to other categories of documents filed in connexion with a case, including:
Audio Visual [AV] containing an indexed facility to store and retrieve audio visual material filed in a
proceeding; Authorities [Auth] containing an indexed facility to store and retrieve authorities in the
form of case law, legislation and legal texts filed in a proceeding; Court Book [CB] containing an
indexed court book filed in a proceeding; Transcripts [Trans] ; and Exhibits (Affidavit [Aff Ex] and
Trial [Tr Ex].
2
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25 File a New Document (for documents NOT requiring a separate fee): * The
procedure is set out on a Case Page below “File New Document Procedure”.
The procedure as noted on the Case Page is:
1.Select the Content Type of the document to be filed from the drop box
which will appear on clicking
on the drop box;
2. Click on the selected Privacy Setting (“Confidential” or “Public”);
3. Confirm by clicking on the confirmation box steps 1. & 2. and check for no
prior version histories (as to which see Section V1 F below);
4. Click on File New Document This action will display the “New
Documents Page”.
5. Access the new document(s) to be filed from local PC or local network.
6. Drag and drop the new document(s) to be filed into the “New Documents
Page” where the “Drop Here” dialogue box appears.
7. “Upload Completed” dialogue notation will appear signalling a successful
upload and noting the number of documents filed. [NOTE: Any number of
documents can be filed simultaneously as a bulk upload].
8. Return to the Case Page by clicking on “Case Page” on the top status bar or
clicking on the browser back button to observe the new document filed.
9. An email notification as to the filing will be automatically sent to all legal
practitioners registered for the case.
26 File a New Document Requiring a Payment of a Fee: * File precedent documents
which require payment of a prescribed Court Fee (3rd / 4th Party Notice
through to File Subpoenas) by clicking on the selected document button and
following the procedure which is displayed on the system.
27 Filing an Order for Authentication: * By clicking on File Order a completed
Order may be submitted to the Court for authentication and filing (see below
XII REDCREST OPERATION and FUNCTIONS E. Orders Wizard).
28 Case Contacts * The Case Contacts will be managed by the legal practitioner
assigned to the role of Case Manager, as described below under “V. ROLE OF
CASE MANAGER”. Case Contacts will act as a ‘phone book’ of contacts for
the case, including solicitors, parties (if self-represented), and counsel. It will
include telephone numbers and email addresses. An email address will be
displayed on clicking on the email icon and a telephone number will be
displayed on clicking on the telephone icon. The facility will be automatically
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updated as the Case Manager updates the legal team for the relevant party
[e.g. by granting access to new engaged barristers or solicitors engaged to act for a
party or removing such access].
29 Schedule of Parties: * (if required under the Court Rules) will be populated
initially from the Originating Process, and thereafter it will be automatically
updated from the documents filed in to the system (e.g. upon the filing of a
third party notice which contains a new schedule of parties). It will be the
responsibility of the Case Manager for the Plaintiff party (unless otherwise
ordered by the Court) to ensure that the Schedule of Parties is up-to-date as
the matter proceeds. In the event that the Schedule of Parties is not, for
whatever reason, automatically updated by RedCrest, the Case Manager must
report the issue to the Commercial Court Registry which may manually
implement the necessary amendment. The Schedule of Parties may be used to
provide a ‘cut and paste’ facility as an aid to creating new documents for
filing. [Note: the Schedule of Parties facility will be provided as soon as
possible for display on the Case Page – watch for a RedCrest Bulletin].
III.
REDCREST ADMINISTRATION AND HELP DESK
30 RedCrest is administered for the Commercial Court by the Commercial Court
Registry.
31 The Registry will provide a ‘Help Desk’ to assist with inquiries about the
operation of the system.
32 For contact details for the Commercial Court Registry, the RedCrest Coordinator and the Helpdesk, see the RedCrest Public Homepage.
IV.
REGISTRATION FOR REDCREST
A. Username and Password (Legal Practitioners (solicitors and counsel) and Self
Represented parties
33
Persons Entitled to Apply: Members of the Court and Court staff, Legal
practitioners admitted to practice as an Australian legal practitioner,3 all
barristers 4 and self-represented parties shall be entitled to apply for a
username and password. In addition, Court appointed persons (such as
mediators, arbitrators, referees, assessors and transcript writers) are also
entitled to apply (See: B. below in this section).
3
Pursuant to s.1.2.3(a) Legal Profession Act 2004 (Vic.).
Being an Australian legal practitioner who engages in legal practice solely as a barrister pursuant to
s.1.2.1 Legal Profession Act 2004 (Vic.).
4
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34
Use: The username and password is confined to providing access to RedCrest
for the purpose of filing documents into RedCrest, and retrieving, viewing
and ‘cutting and pasting’ from documents filed in RedCrest, and otherwise
using the facilities provided by RedCrest for a case, in relation to proceedings
in which the legal practitioner is acting or in which the self-represented party
is appearing.
35
Confidential Documents: Confidential documents filed in a proceeding may
only be viewed by legal practitioners and self-represented parties registered
for that proceeding.
36
Non-confidential Documents: Non-confidential documents filed in a proceeding
may be viewed by legal practitioners who are not registered for that
particular case (providing a useful facility for access to a current precedent
library) and by other registered persons [including, in due course members of
the public, when this facility is constructed – as to which - watch for a
RedCrest Bulletin].
37
Personal Issue: Usernames and passwords will only be issued to individual
practitioners and persons. Firms, companies or organisations will not be
issued with a username and password.
B. Username and Password Conditions
38
Username and Password Conditions: Usernames and passwords will be issued to
applicants and will be subject to conditions. The conditions will prescribe
categories which de-limit access to and use of RedCrest.
39
Categories of User Access: The categories of User Access (for users who are not
members or staff of the Court) are:
A.
COURT ADMINISTRATOR – All registered members of Court staff:
 will have full access to all cases in the system (including public and
confidential documents) and to all “Administrative” functions under
“Admin.” and “Judicial Links”
JUDGE – A registered Judge:
 will have full access to all cases in the System, and in addition, access
to the registered Judge’s personal “Judicial File”.
JUDGE’S ASSOCIATE – A Judge’s Associate:
 will have Court Administrator access.
LEGAL PRACTITIONER – A legal practitioner (Barrister / Solicitor):
 will have full access (including viewing and filing rights) to each case
for which the legal practitioner is registered (including public and
confidential documents);
B.
C.
D.
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E.
F.
G.
H.
I.
J.
K.
PARTY ACCESS – A represented party and a party who is self- represented:
 will have full access to view each case for which the party is registered
(including public and confidential documents); but
 will NOT be able to file any documents into the system [subject to
further development of RedCrest].
CASE MANAGER – A Case Manager who is registered as a Legal
Practitioner and is NOT a self-represented party in addition to Legal
Practitioner Access will have the following further access rights:
 a facility to grant access to other registered persons to a case managed
by the Case Manager (eg. to appointed support solicitors and to new
counsel briefed) and a facility to remove access to such cases; and
 a facility to assign the functions of Case Manager to another Case
Manager (if necessary).
COURT APPOINTED AND PRIVATELY APPOINTED PERSONS Appointed persons (such as Mediators, Arbitrators, Referees, Assessors):
 will have the same level of access as a represented party.
TRANSCRIPT WRITERS – Transcript writers and transcript services:
 will have access to all cases in the system to file transcript into a Case
Page for a case in which the hearing has been transcribed.
PUBLIC [In due course when System constructed] – Members of the public:
 will have access to all cases in the system for viewing;
 but will NOT be able to view confidential documents; and
 will NOT be able to file any documents.
SYSTEM ADMINISTRATOR – System Administrators:
 Full access to all components of the System for system maintenance
and operations except access to any registered Judge’s personal
“Judicial File”.
CASE ALLOCATION JUDGES AND ADMINISTRATORS – Judges (and
their nominees) and Administrators who perform the task of Case
Allocation:
 Members of this Group are granted the facility to assign a case to a
Judge for management, hearing or trial.
 This may be in addition to any other category a Judge (or nominee) or
Court Administrator may be assigned.
C. Username and Password (Conditions of Use and Management)
40
Access to RedCrest and Conditions: Access to RedCrest may be provided either
at the offices of the Commercial Court or by the issue to a person by the
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Prothonotary (who may act through a nominee at the Commercial Court
Registry) of a username and password, but subject to any conditions to which
the issue may be subject.
41
Discretion to Refuse Access or Cancellation of Access: The Prothonotary (who may
act through a nominee at the Commercial Court Registry) retains a discretion
to refuse to issue a username and password or to cancel the username and
password of a RedCrest user if any such person:
(a) has misused RedCrest or has failed to comply with—
(i) any provision of the RedCrest Rules relating to RedCrest; or
(ii) any condition to which the use of a username and password by the
person has been subject, including compliance with the RedCrest
Usage Rules, as set out in the RedCrest Practice Note;
(b) has failed to pay any fee payable in respect of RedCrest;
(c) is a legal practitioner who has been struck off or suspended from legal
practice or who has ceased legal practice;
(d) does not have the technical ability or the equipment, or access to the
equipment, necessary to make proper use of RedCrest;
(e) has been declared a vexatious litigant;
(f) is a person, other than a legal practitioner, whose matter has been
finalised; or
(g) is a person who, for any other reason, is not a suitable person to have
access to RedCrest by means of a username and password.
42
Conditions of Use: Upon receiving a RedCrest username and password, each
applicant agrees to the terms and conditions of use contained in the RedCrest
Practice Note. The RedCrest Usage Rules, as set out in the RedCrest Practice
Note, provide that each RedCrest user agrees:
(a)
to protect and maintain the confidentiality of any parts of a Court file
in RedCrest designated “confidential”;
(b)
to keep confidential the username and password used for access to
RedCrest for the exclusive use of the registrant and any person who is
a personal assistant of the registrant;
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(c)
to comply with any condition or limitation of registration issued in
relation to RedCrest;
(d)
to comply with the RedCrest Rules and the RedCrest Practice Note;
and
(e)
to pay the fee(s) prescribed by Supreme Court (Fees) Regulations 2012
which are payable in respect of RedCrest (if any).
D. Username and Password Application Procedure
43
Applications Online by Legal Practitioners: Applications for a username and
password by Legal Practitioners must be in the form prescribed and must
contain the requested information. The application form is available online
from the RedCrest Public Homepage. To access the application form click on
Register Here and follow the prompted steps:
First, complete the Application form online when it appears. The form will
look like this:
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Next:




Tick to agree to the Terms and Conditions and click on Register ;
An email will be sent to the applicant with a computer generated
password (the username will be the applicant’s email address);
Following the prompts the applicant sets a personalised private
password;
Using the allocated username and set password, the Applicant may
now log in to RedCrest.
44
Applications by Self-represented Parties: A self-represented party will not be able
to apply for a username and password online.
45
A self-represented party who wishes to be granted access to RedCrest to
view a Case Page for a case in which the self-represented party is involved,
must go to the Supreme Court Registry to make the application.
46
Upon Registry staff being satisfied that there is good reason for the person to
make an application, Registry staff will review and determine the application,
taking into account:
 competence in computer use sufficient to operate RedCrest;
 capacity to comply with the Court Rules and the User Instructions; and
 access to suitable equipment.
A username and password will then be issued to the person adding the
person to the Self-Represented Party category.
47
A self-represented party (unless otherwise ordered by the Court):
 will have full access to view to each case for which the self-represented
party is registered (including public and confidential documents);
 will NOT be able to file any documents into the system; and
 will NOT have access to any “Judicial” or “Administrative” functions
under “Admin.” or to “Judicial Links”, or to any “Judicial File.”
48
Self-represented parties who have not been issued with a username and
password or who are not authorised to file documents on RedCrest (and have
been granted viewing status only as a condition of the issue of a username
and password) must file documents at the Supreme Court Registry.
Documents must be presented to Registry in electronic format filed on a USB
stick or by other appropriate means approved by Registry.
49
Once the documents have been checked and approved for filing, Registry
staff will assist in the filing process or perform this task, as may be necessary.
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50
A self-represented person who is served with an Originating Process, a Third
Party Notice or a Counterclaim (as a new party) and who wishes to contest
the claim must:
1. Complete the Notice of Appearance (Form 8AB (General), 8AC
(Conditional) or 4A (Corporations); and
2. Within the time stated in the Originating Process, deliver the Notice of
Appearance to the Commercial Court Registry.
51
Assistance will be given by Registry staff to ensure that the Notice of
Appearance is correctly completed. Registry Staff will then file the Notice of
Appearance into RedCrest in the electronic file in RedCrest for the
proceeding.
V. ROLE OF CASE MANAGER
52
Represented Party to Appoint: Each legally represented party to a proceeding is
to appoint a Case Manager to manage that party’s file in RedCrest. The
default position is that the person (a legal practitioner) who files the
Originating Process and the Appearance in each case, automatically becomes
the Case Manager for the relevant party on behalf of whom the document is
filed.
53
Self-represented Party: In the case of a self-represented party, the Prothonotary
(or his nominee from the Commercial Court Registry) will act as the Case
Manager for the party.
54
Role: The Case Manager has particular and important functions and
responsibilities in relation to RedCrest, and namely:
55
(a)
Preparing and keeping up to date the Schedule of Parties (if
applicable). This may be done by notifying the Commercial Court
Registry of any change which is necessary and which has not been
automatically made by the system for whatever reason;
(b)
Granting access to other registered persons to a case managed by the
Case Manager (e.g. to appointed support solicitors and to new counsel
briefed) and a facility to remove access to such cases; and
(c)
Assigning the functions of Case Manager to another Case Manager (if
necessary).
Level of Access: In order to undertake these functions, the Case Manager will
be given a unique level of access to the RedCrest system.
20
6 August 2014
VI. ELECTRONIC FILING OF DOCUMENTS (GENERAL REQUIREMENTS)
A. Documents Filed in RedCrest
56
Court File: The file created in RedCrest for a proceeding will be the Court file
for that
proceeding. No paper file will exist, unless the Court otherwise orders.
57
Compulsory Filing: Except in the case of compromise offers or where the Court
otherwise orders, all documents required to be filed with the Court in
connection with a case must be electronically filed into RedCrest. The Court
may, in relation to any or all documents in a proceeding or part of a
proceeding, by order, or the Prothonotary may direct, that this compulsory
requirement be dispensed with in particular cases.
58
When Filed: A document in a proceeding is filed in RedCrest by uploading the
document into the system. A document is uploaded into RedCrest when it
can be viewed in the case page. A document filed in RedCrest in any 24 hour
daily period is taken to have been filed on the day to which the 24 hour daily
period relates.
59
Compliance with Court Rules: All documents filed into RedCrest must comply
with the Court Rules. If any document filed does not comply, the Court, on
application of any party or on its own motion, may order that the document
be re-drawn and re-filed. The costs of any such re-drawing and re-filing may
be ordered personally against the legal practitioner responsible for preparing
and filing the non-complying document.
B. Filing Documents by Self-represented Party
50
Filing Documents by Self-represented Party: Self-represented parties who have
not been issued with a username and password or who are not authorised to
file documents on RedCrest (and have been granted viewing status only as a
condition of the issue of a username and password) must file documents at
the Commercial Court Registry. 5 Documents must be presented to Registry in
electronic format filed on a USB stick or by other appropriate means
approved by Registry.[Note: as soon as possible Self-represented Parties will
be able to file all documents ‘on-line’. These documents will be filed into a
special Registry box for checking and, if approved, filing as below – watch for
a RedCrest Bulletin].
51
Checking of Documents by Registry: Once the documents have been checked and
approved for filing, Registry staff will assist in the filing process or perform
this task, as may be necessary.
5
Commercial Court Registry, Ground Floor, 450 Little Bourke Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
21
6 August 2014
52
Notice of Appearance: A self-represented person who is served with an
Originating Process, a Third Party Notice or a Counterclaim (as a new party)
and who wishes to contest the claim must:
1. Complete the Notice of Appearance (Form 8AB (General), 8AC
(Conditional) or 4A (Corporations) and
2. Within the time stated in the Originating Process, deliver the Notice of
Appearance to the Court Registry. 6
53
Assistance will be given by Registry staff to ensure that the Notice of
Appearance is correctly completed. Registry Staff will then file the Notice of
Appearance into RedCrest in the electronic file in RedCrest for the
proceeding.
C. Filing a Document by Mistake (in Error)
54
If a document or part of a document is filed into RedCrest by mistake or in
error, on application made to the Court by telephone, email, letter, or
facsimile transmission to an Associate of the Judge or Associate Judge who is
assigned to the proceeding, without prior notice to any other party, the Court
may make an ex parte order that the document or part of the document be
removed from RedCrest, and the Associate or the RedCrest Co-ordinator may
then remove the document or part of the document
from RedCrest.
D. Offers of Compromise
55
Offers of compromise must not be filed in RedCrest.
E. Permitted Format
56
Permitted Format (Court Documents): All Court documents which are
specifically prepared for a proceeding (e.g. Pleadings, Witness Statements,
Affidavits, Submissions etc.) and which are filed into RedCrest must be capable
of providing a ‘cut and paste’ facility for users.
57
‘Word Format Schedule 3 Documents): For this reason, all Court documents as
listed in Schedule 1 (i.e. documents created specifically for the case, and not
original or copy documents which may be included in exhibits or documents
in a Court Book) must be filed into RedCrest in ‘Word’ format. The document
will automatically become immutable on filing. RedCrest will automatically
6
Commercial Court Registry, Ground Floor, 450 Little Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
22
6 August 2014
bar the filing of such Court documents which are attempted to be filed in a
format other than ‘Word’.
58
Other Permitted Formats: All other documents, for example those which have
not been specifically prepared for a proceeding and which are original
documents or copies thereof (e.g. Exhibits to an Affidavit or copy Documents
included in a Court Book) and which are to be filed into RedCrest, may be filed
in any other appropriate format.7
F. Removal of Hidden Document Version Histories
59
Removal of Hidden Version Histories: All documents filed into RedCrest must
have any hidden version histories 8 removed. The onus is on filing
practitioners and filing parties to ensure that this is done.
60
Professional Advice: If necessary, a filing practitioner or filing party should seek
professional advice from a qualified computer consultant as to how best to
comply with this requirement.
VII. CASE INITIATION
A. Access to Case Initiation System
61
A legal practitioner who wishes to commence a new proceeding may access
the Case Initiation System on the Logged-in Page by clicking on Start a Case
.
B. New Originating Process
62
Special Originating Process: The Originating Process required to be filed in
RedCrest is a specially designed interactive document to be in the Form 5F
(for general use) and Form 2A (for Corporations matters) of the RedCrest
Rules.
63
Combined Writ and Originating Motion: The Form 5F Originating Process is for
general use (i.e. other than for Corporations matters). It combines the form of
a Writ with the form of an Originating Motion, and can be used
interchangeably (whether the claim is supported by a statement of claim or
only relief is claimed). For the purposes of the Court Rules, a Form 5F
Originating Process which contains a statement of claim is deemed to be a
7
E.g. PDF; xls; .jpg; .gif or TIFF formats.
A ‘hidden version history’ is a history of prior versions of a document which is embedded in the
document and may be recovered by an examining party using commonplace software. A document filed
containing a hidden version history may be accessed, retrieved and used by an opposing party to the
prejudice of a client (e.g. draft versions of an earlier affidavit or witness statement).
8
23
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writ, and one which merely claims relief is deemed to be an originating
motion. The two versions of the Originating Process are available under
Need a Form? on the Logged-in Page by clicking on the desired form.
64
Originating Process New Features: The Originating Process will contain the
following new features:

Fields to be Completed: The Originating Process will contain a number of
new fields to be completed. Once filed into RedCrest, the electronic
information derived from these fields will populate a number of
system sites for use in case management. The new fields are: Case
Manager; Subject Matter of Claim; Causes of Action (the principal causes
of action, limited to no more than 6, is required to be listed from the
drop down box provided); and Trial Estimate. These will be explained
further below under “C. Preparing and Filing Originating Process
(Interactive Online Form)”.

Schedule of Parties (Originating Process): The Originating Process will
contain as Schedule 1 a Schedule of Parties (if necessary). The
electronic information derived from this field will populate a system
site for use in case management and will provide a template for
‘cutting and pasting’ into new Court documents prepared by the
parties or the Court.

Instructions to Recipient (Originating Process): The Originating Process
will contain a Schedule 2 instruction for the person served headed
“Filing an Appearance in RedCrest”.

Statutory Certifications (Originating Process): Three certifications are
required under the Civil Procedure Act 2010. In order to save
duplication of documents, these are now included in the Originating
Process itself, namely:
(a) an Overarching Obligations Certification in accordance with section
41 of the Act (signed by the party);
(b) a Prior Overarching Obligations Certification in accordance with
section 41(5)(b) of the Act (signed by a legal practitioner who has
previously made an overarching obligations certification); and
(c) a Proper Basis Certification in accordance with section 42 of the Act.
The Certifications (insofar as they are applicable) are required to be
signed in accordance with the protocols for signatures in this
Instruction Manual.
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6 August 2014
C. Access to and Preparation of Originating Process (Interactive Online Form)
65
Access to Interactive Online Form (Originating Process): An Online Interactive
Form is provided for each form of the originating process. The form for
general use is Form 5F which is in two versions: a deemed writ version where
a statement of claim or indorsement of claim is included; and a deemed
originating motion where only the relief claimed is stated. The form for
corporations matters is Form 2A. The forms are available in the Case Initiation
System on the Logged-in Page. To access an Interactive Form, select and click
on the appropriate form on the Logged-in Page. This will download the
selected form onto the user’s PC in ‘Word’ format.
66
Completion of Interactive Form (Originating Process): All parts of the Interactive
Form must be completed and the certifications (insofar as they may be
applicable) required under the Civil Procedure Act 2010 need to be signed
using the signature protocol (see below). If a Statement of Claim is to be
included, this must be attached. If a Schedule of Parties is required under the
Court Rules, this must be completed and attached.
67
All of the prescribed fields in the Interactive Form need to be completed. The
system will not permit the filing of an incomplete form. The Interactive Form
will indicate the fields to be completed by the filing party.
68
The balance of the Interactive Form (e.g. application of the Proceeding
Number, Date of Filing, application of Court Seal on the front page will be
automatically affixed to the filed document by RedCrest.
69
Hearing Estimate Field: The Hearing Estimate field must include a range of
dates or times (e.g. 6-8 days or 1-2 hours or 10-20 minutes).
70
Summons for Directions: * The notice of a first directions hearing contained in
an Originating Process filed in RedCrest shall be deemed to be a summons for
directions in the proceeding. On the filing of an Originating Process in
RedCrest (Form 5F for General use and Form 2A for Corporations matters),
RedCrest will automatically imprint the document with the date of the first
directions hearing (which will be on a pre-determined date, generally on a
Friday, some weeks in advance of the proceeding issue date), and the date
will automatically appear on the Case Page for the proceeding. On the Court’s
own motion (usually initiated by the list Judge managing the proceeding) or
on application by a party to the proceeding, the date for the first directions
hearing may be changed. The changed date will be noted by the Court on the
case page for the proceeding, upon which the parties will be automatically
notified by email of the changed date.
D. Procedure for Filing Originating Process
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71
Filing Procedure (Originating Process): An Originating Process shall be filed in
accordance with the following procedure:

The completed form first needs to be saved on the user’s PC.

Return to RedCrest and click on “Start a Case” on the Logged-in Page.
This will open the “Start a Case” page;

Click on the Start a Case button. This will open the “Select, complete and
upload Originating Process form” page;

Click on Select completed form from PC and select the completed saved
form on the user’s PC;

Click on Upload to RedCrest ;

An “Information Summary” will appear which will summarise the basic
information entered in the Originating Process Interactive Form for
checking;

When the information has been checked and approved, click on
I Accept . This will automatically display the payment facility;

Make the payment of the prescribed filing fee online by following the
prompts and clicking Submit ;

The Originating Process is then filed.
E. What Happens on Filing Originating Process
72
What Happens on Filing Originating Process: On filing an Originating Process,
RedCrest will automatically do the following things:

Assign and imprint a new Proceeding Number on the top right hand
corner of the Originating Process;

Imprint the Court Seal on the front page of the Originating Process;

Date and imprint the Originating Process with the date of filing;

Date and imprint the Originating Process with the date of the first
directions hearing;

Open a new Case Page for the proceeding and populate the Case Page
with the information derived from the Originating Process;

Receive and process the prescribed Court fee accompanying the filing
of the Originating Process;

Advise the filing party online by display on the screen: the date and
time of filing; the fact that the Case Page has been opened;
acknowledging receipt of the prescribed Court fee; and advising that
the sealed Originating Process may be viewed in the new case Page
and downloaded for printing and service.
26
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73
Service of Originating Process: The sealed Originating Process may then be
viewed on the new Case Page opened automatically in RedCrest and
downloaded for printing and service on the Defendant(s) in the conventional
way as prescribed by the Court Rules.
VIII. OTHER INTERACTIVE FORMS AVAILABLE ONLINE
A. Appearance Forms
74
Special Appearance Forms: An Appearance to be filed in RedCrest is a specially
designed document to be in the Form 8AB (for general use) and Form 8AC
(for a Conditional Appearance) and Form 4A (Corporations). These are new
forms of Notice of Appearance under the Court Rules. They contain contact
information, including email contact addresses, and the name of the Case
Manager appointed by the filing party.
75
Access to Online Forms (Appearances): Forms for the Appearances are available
on the Logged In Page. To access a form follow the procedure in VII C.
“Access to and Preparation of Originating Process (Interactive Online Form)”
above and complete the form.
76
Filing Procedure for Appearance: An Appearance shall be filed in accordance
with the procedure in VII“D. Procedure for Filing Originating Process” above.
77
Service (Appearance): Once the Appearance has been filed into the case page for
a proceeding in RedCrest the document will be available for downloading,
printing and service in accordance with the Court Rules.
78
Self Represented Persons: A self-represented person who is served with an
Originating Process, a Third Party Notice or a Counterclaim (as a new party)
and who wishes to contest the claim must:
(1) Complete the Notice of Appearance (Form 8AB (General), 8AC
(Conditional) or 4A (Corporations) and
(2) Within the time stated in the Originating Process, deliver the Notice
of Appearance to the Court Registry. 9
79
9
Assistance will be given by Court Registry staff to ensure that the Notice of
Appearance is correctly completed. Registry Staff will then file the Notice of
Appearance into the electronic file in RedCrest for the proceeding. These User
Instructions will be available at the Court Registry for all users.
Commercial Court Registry, 450 Little Bourke Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
27
6 August 2014
80
Persons represented by a Solicitor: A solicitor who is required to file a Notice of
Appearance on behalf of a client must:
(1) If the practitioner does not have a username and password, make
application for and be issued with a username and password (as above
“IV. REGISTRATION FOR REDCREST”);
(2) Complete, or reproduce and complete relevant parts of, the Notice
of Appearance (Form 8AB (General), 8AC (Conditional) or 4A
(Corporations) in the correct electronic format; and
(3) File the completed Notice of Appearance into the case page established in
RedCrest for the proceeding.
81
If for any reason it is not possible to file a Notice of Appearance into
RedCrest, a hard copy appearance may be filed at the Commercial Court
Registry. 10 Registry staff will then enter the Notice of Appearance into
RedCrest.
B. Third Party Notice
82
Form of RedCrest Third Party Notice: Any Third Party Notice required to be
filed in RedCrest is a specially designed document to be in the Form 11C of
the RedCrest Rules.
83
Access to Online Form (Third Party Notice): An interactive template form for the
new Third Party Notice is available on the Logged-in Page. To access the form
follow the procedure in VII C. “Access to and Preparation of Originating
Process (Interactive Online Form)” above and complete the form.
84
Filing Procedure(Third Party Notice): A Third Party Notice shall be filed by
clicking in the Case Page on File 3rd / 4th Party Notice and following the
prompts, which will include a payment facility.
[* Note: this button will be accessed via the File New Document button as
soon as possible in order to simplify functionality of the Case Page – watch
for a RedCrest Bulletin].
85
Service (Third Party Notice): Once the Third Party Notice has been filed into the
case page for a proceeding in RedCrest the document will be available for
downloading, printing and service in accordance with the Court Rules.
10
Commercial Court Registry, 450 Little Bourke Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
28
6 August 2014
C. Counterclaim (and Fee Payment)
86
Form of RedCrest Counterclaim: Any Counterclaim required to be filed in
RedCrest is to be in the form required by the Court Rules.
87
Access to Online Form for Counterclaim: A form for the Counterclaim is
available in the Case Initiation System on the Logged In Page. To access the
form follow the procedure in VII C. “Access to and Preparation of
Originating Process (Interactive Online Form)” above and complete the form.
88
Filing Procedure (Counterclaim): A Counterclaim shall be filed by
clicking in the Case Page on File Counterclaim and following the prompts,
which will include a payment facility.
[* Note: this button will be accessed via the File New Document button as
soon as possible in order to simplify functionality of the Case Page – watch
for a RedCrest Bulletin].
89
Service (Counterclaim): Once the Counterclaim has been filed into the case page
for a proceeding in RedCrest the document will be automatically imprinted
with the Court seal and will be available for downloading, printing and
service in accordance with the Court Rules.
D. Subpoenas (and fee payment)
90
Form of Subpoena: Any Subpoena required to be filed in RedCrest is to be in
the form prescribed by the Court Rules.
91
Access to Online Form for Subpoenas: Forms for Subpoenas are available in the
Case Initiation System on the Logged In Page. To access the form follow the
procedure in VII C. “Access to and Preparation of Originating Process
(Interactive Online Form)” above and complete the form.
92
Filing Procedure (Subpoenas): A Subpoena shall be filed by
clicking in the Case Page on File Subpoena and following the prompts,
which will include a payment facility.
[* Note: this button will be accessed via the File New Document button as
soon as possible in order to simplify functionality of the Case Page – watch
for a RedCrest Bulletin].
93
Service (Subpoena): Once the Subpoena has been filed into the Case Page for a
proceeding in RedCrest, the document may then be served in accordance with
the Court Rules.
E. Summonses (and fee payment)
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94
Form of Summons: Any Summons required to be filed in RedCrest is to be in
the form prescribed by the Court Rules.
95
Access to Online Form for Summons: The form for a Summons is available in the
Case Initiation System on the Logged In Page. To access the form follow the
procedure in VII C. “Access to and Preparation of Originating Process
(Interactive Online Form)” above and complete the form.
96
Filing Procedure (Summons): A Summons shall be filed by
clicking in the Case Page on File Summons and following the prompts,
which will include a payment facility.
[* Note: this button will be accessed via the File New Document button as
soon as possible in order to simplify functionality of the Case Page – watch
for a RedCrest Bulletin].
97
Service (Summons): Once the Summons has been filed into the case page for a
proceeding in RedCrest, the document may then be served in accordance with
the Court Rules.
IX. FILING OTHER DOCUMENTS INTO AN ESTABLISHED CASE PAGE
(i.e. Documents not requiring payment of a fee)
98
What this Section Covers: This section prescribes the procedures for the filing of
all other documents into the Court File established in a Case Page for a
proceeding, where no fee is payable in respect of filing the document because
it is covered by the filing fee paid for the Originating Process.
99
Parties with No Username and Password for Filing Purposes: Parties who have not
been issued with a username and password which permits filing of
documents into a Case Page, must file documents at the Commercial Court
Registry. 11 Documents should be presented to Registry in electronic format
filed on a USB or by other appropriate means approved by Registry. Once the
documents have been checked and approved for filing, Registry staff will
assist in the filing process or perform this task, as may be necessary.
100
Persons represented by a Solicitor: Once a Case Page has been established in
RedCrest for the proceeding (the Case File), follow these steps to file further
documents into the Case File:
(1) Access the Case Page for the relevant case;
(2) Click on the File New Document button and follow the prompts.
11
Commercial Court Registry, 450 Little Bourke Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
30
6 August 2014
(3) On filing a document into the Case Page for a proceeding in RedCrest, the
system will automatically generate and send a document filing notice
email to all other parties. This will notify of the document filed, the filing
party, and the date and time of filing.
X. ORDER FOR ELECTRONIC SERVICE
101
Order for Electronic Service: In reliance on the document filing notice email
which is automatically generated to all other parties on the filing of a
document in RedCrest by another party, the Court may, unless documents are
required to be personally served, order that the filing of documents in
RedCrest shall have effect as service of those documents on the parties to be
served.
102
How Order Initiated: The Court may make an order for electronic service of its
own motion or on the application of any party.
103
Revocation or Variation of Order: The Court may revoke or vary any order made
for electronic service.
XI. EXHIBITS AND COURT BOOKS
A. Exhibits
104
Usual Exhibits: All exhibits should be properly and separately identified in
accordance with the Court Rules when filed electronically.
105
Lengthy Exhibits: Persons filing lengthy exhibits not prepared in
electronic text, subject to the direction of the Court, may scan and
electronically file excerpts of the exhibits that are directly germane to an issue
under consideration by the Court. Such exhibits must be clearly and
prominently identified as excerpts, and the complete exhibit must be made
available forthwith to other parties and the Court on written request (and
must be available in the Courtroom at any hearing pertaining to the matter).
Persons filing excerpts of exhibits do so without prejudice to their right to file
additional excerpts or the complete exhibit with the Court into RedCrest at
any time.
106
Bulk Upload: * A bulk upload facility is provided to enable the simultaneous
filing of any number of documents. The bulk upload system works from the
Case Page using “File New Document Procedure” as described above.
107
Interactive Exhibit Index: High volume exhibits filed into RedCrest in a series
(i.e. exhibited to a single affidavit or the affidavits of a single deponent) must
be accompanied by an interactive index linked to each exhibit filed in the
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6 August 2014
series. [Note: an example of an interactive Exhibit Index (which can be
adapted from the sample Court Book Index) is provided in Schedule 3 of the
RedCrest Practice Note].
B. Court Books
108
Bulk Upload: * A Court Book should be prepared and filed as a single
document.
109
Interactive Court Book Index: Court Books filed into RedCrest must be
accompanied by an interactive index linked to each document filed in the
book. [Note: an example of an interactive Court Book Index is provided in
Schedule 3 of the RedCrest Practice Note].
XII. MAINTAINING CONFIDENTIALITY
A. RedCrest Confidentiality Protection
110
Confidentiality Designation on Filing: When filing a document into RedCrest the
filer will be prompted to indicate whether the document is “Confidential” or
“Public” in the appropriate electronic box.
111
Public Documents: A document is to be marked “Public” if it is to comprise
part of the Court record which is to be accessible to the public (e.g. a pleading).
112
Confidential Documents: Schedule 2 to these User Instructions sets out the
documents to be marked “Confidential”. A document is to be designated
“Confidential” if it is not to comprise part of the Court record which is to be
accessible to the public but is to be made available on RedCrest only to the
Court, practitioners and registered parties in the case. The documents in
Schedule 2 will be designated "Confidential" on filing into RedCrest, and
except with the leave of the Court, no other documents will be so designated.
113
Change of Confidentiality Status: A filing party may seek a direction from the
Court in advance of filing as to which category in RedCrest a document
should be filed, and any party to the proceeding may seek a direction from
the Court at any time, and the Court of its own motion may direct, that a
document which has been filed in one category be filed in another.
B. Protocol for Signatures
114
New Signature Protocol Requirements: If a document sought to be filed in
RedCrest is required by the Court Rules to be signed, the original paper
version of the document shall be signed accordingly and the signature shall
be electronically recorded on the version of the document to be filed in
32
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RedCrest in conformity with the following format—"/s/ Jane Doe" or "s/
John Doe".12
115
Production of Original Document: At the request of the Court or the
Prothonotary, a party shall produce to the Court the original paper version of
a document that has been electronically filed in RedCrest. If a party cannot
produce the original paper
version of a document pursuant to such request, the Court may order or
the Prothonotary may direct that the filing of the document in RedCrest be set
aside or be of no effect.
116
Time for Retention of the Original: Where a party has filed in RedCrest a
document which is required by the Court Rules to be signed, that party shall
retain the original signed paper version of the document from the date of
filing until the
later of—
(a) the expiry of any period within which, without any extension of
time, an application for leave to appeal may be made or an appeal
may be brought in or in relation to the proceeding; or
(b) the determination of any application for leave to appeal made or
appeal brought within the period referred to in paragraph (a); or
(c) in a case where an application for leave to appeal is made or an
appeal is brought outside the period referred to in paragraph (a),
and the party becomes aware of the making of the application or
the bringing of the appeal and, at that time, retains the original
signed paper version of the document, the determination of the
application or the appeal.
C. Privacy Protections
117
Privacy Orders: The Court may make any order it thinks fit as to
confidentiality and privacy in relation to the filing of documents in RedCrest,
including directing that particular documents or classes of documents be filed
in RedCrest in a redacted form, or not filed into RedCrest at all.
XIII. REDCREST OPERATION and FUNCTIONS
A. RedCrest Operation
118
RedCrest Accessibility: RedCrest is accessible ‘24/7’ from anywhere where the
internet is available (e.g. in Court, office, chambers, and home-office), from a
desktop, laptop, or iPad.
B. Moving Between Pages
The purpose of this requirement is to prevent signatures being ‘cut and pasted’ from RedCrest for
improper use.
12
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119
Moving Between Pages: To return to the Homepage at any time, simply click on
the Homepage icon on the top status bar.
C. Document Search System
120
Search System for Entire RedCrest System from Logged-in Page: * The document
search facility to search the entire RedCrest system is located on the Loggedin Page on the top status bar. To search the entire system (including
Authorities; Court Book; Transcripts and Exhibits) click search criteria into the
Search box on the top status bar
This will enable a search to be conducted by keywords (e.g. “John Smith”
or “power pole 1234” or “statement of claim”) or by document groupings (e.g.
“pleadings” or “orders”).
121
Search System within a Case from Case Page: * The document search facility to
search items filed in a Case Page. This facility is located on the top status bar
of each Case Page. Click search criteria into the Search box on the top status
bar
This will enable a search to be conducted by keywords (e.g. a legal
practitioner “John Smith”). In order to conduct a search limited to the
documents filed in the Court File for a case, conduct the search from the
Search box located on the Court File page.
122
Searching for Documents: Documents in a Court Book filed in RedCrest will be
searchable by the following means:
(a)
(b)
(c)
Clicking on the document description contained in an interactive
index;
Keying in a Court Book page number;
Conducting a word search or Document ID search on the document
finder system by keying in search criteria into Search Court File on a
Case Page.
D. Transcripts
123
Uploading: Transcripts will be uploaded by the Court transcription services
into the Case Page for a proceeding [This will be introduced as soon as
possible – watch for a RedCrest Bulletin].
124
Searchable: Transcripts will be indexed and searchable [This will be introduced
as soon as possible – watch for a RedCrest Bulletin].
125
Costs of Transcript: If transcript is taken of a hearing and is filed into RedCrest
where it may be accessible on the Case Page for the matter and used by all
parties, all parties in the proceeding will be required to pay their share of the
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transcript fee levied upon them for this service. A failure to do so may be
taken into account on the question of costs and continued access to RedCrest.
E. Orders Wizard
126
Orders Wizard: – The Orders Wizard function provides for interactive
precedent orders which can be moulded to the particular case and
automatically sent to the Court for authentication. These Precedents will be
progressively added to by the Court. [Note: the Orders Wizard facility is
presently under construction - watch for a RedCrest Bulletin]. *
127
Access to Orders Wizard: To gain access to the Orders Wizard, go to the
Orders Wizard function in a Case Page and click on the box.
128
Select Precedent Order: Select the desired precedent order from the list of
orders. [Note: the 3 standard precedent orders presently in the system will be
progressively supplemented with additional precedents – watch for a
RedCrest Bulletin].
129
Shape the Precedent Order: Using the precedent text as a starting point, adjust
the order by adding to or amending the precedent text to suit. Add the Court
Heading for the case and copy and paste from the Case Page any Schedule of
Parties into the draft order. [Note: the addition of a Case Page and any
Schedule of Parties into the draft order will be automated as soon as possible
in order to simplify functionality of the Orders Wizard – watch for a RedCrest
Bulletin].
130
Filing Procedure (From Orders Wizard): An Order generated from the Orders
Wizard function shall be filed in accordance with the following procedure:


The completed draft order first needs to be saved on the user’s PC.
Return to the Case Page and click on File Order Then select the draft
Oder saved in the user’s PC then click on OK in the dialogue box of
Windows Explorer. The Order is then filed into the managing Judge’s
“Orders Box” for review, authentication and filing on the Case Page in
PDF format.
E. Archive *
131
An archive system for completed cases is to be provided for “Closed” cases
or, after 3 months from the “Closed” date, for “Disposed of” cases. This
system will provide access to the Archive containing all cases which have
been completed and retired to the RedCrest Archive, where they will be
hosted until final deposit with the Public Records Office after the prescribed
period of years.[Note: the Archive facility will be available to registered Legal
Practitioners as soon as possible – watch for a RedCrest Bulletin].
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XIV. PUBLIC ACCESS AND USE
132
Public Access to RedCrest Files: If a member of the public wants to view a file in
RedCrest, the person may approach the Commercial Court Registry 13 and
request to view the file during the specified business hours. [Note: Full online
public access to the ‘public’ (not the confidential’) documents in RedCrest is
planned to be provided in due course – watch for a RedCrest Bulletin].
133
Role of Registry: Registry staff, once the request is accepted and upon payment
of the prescribed fee, may open the relevant file on a counter computer for the
printing and provision of the Non-Confidential documents requested or may
permit the requesting party to view Non-Confidential documents contained
in the file in an adjacent 'viewing' kiosk when established.
134
File Copy Facility: Any document the requesting person wishes to take away
from Registry may be copied to a USB or to another appropriate device as
approved by Registry provided by the requesting person.
135
Future Public Online Facility: When the facility is constructed, a member of the
public may, upon payment of the prescribed fee (if any), access nonconfidential documents online from the RedCrest Public Homepage.
136
Access to ‘Non-Confidential’ Documents Only: Members of the public will only
have access to the ‘Non-Confidential’ documents filed in RedCrest.
‘Confidential’ documents filed into the system will not be accessible to
members of the public. For this purpose, a “member of the public” includes
legal practitioners who are not acting in the case for which access is sought.
XV. EMERGENCY PROCEDURES
137
Inability to File a Document: If a document cannot be filed in RedCrest in a
proceeding because of an impediment affecting RedCrest itself or affecting
general access to RedCrest —
(a) the document may, while the impediment continues, be filed by being
lodged with the Prothonotary—
(i) in paper form; or
(ii) in such other form or manner as the Prothonotary may allow; and
13
Commercial Court Registry, 450 Little Bourke Street, Melbourne VIC 3000, Telephone:
03 9603 9300 Office Hours: 9:30am-4:00pm each business day.
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6 August 2014
(b) the Prothonotary shall upload the document into RedCrest when it
becomes possible to do so.
138
Inability to Gain Access: If at a particular time access to documents previously
filed in RedCrest in a proceeding cannot be obtained electronically by the
Court or by a party because of an impediment affecting RedCrest itself or
affecting general access to RedCrest —
(a) the Court may direct the parties to lodge with the Prothonotary paper
copies or copies in another form of some or all of the documents
previously filed in RedCrest in the proceeding; and
(b) the Court may order that, for these purposes or for any other purposes, the
copies be treated, for so long as may be required, as though they had been
filed as the documents to which they respectively correspond.
XVI. SECURITY MEASURES
139
RedCrest has a number of in-built security systems:
(1) Only legal practitioners (natural persons, not firms) and approved litigants
in person will have access to the system beyond the RedCrest Public
Homepage;
(2) Members of the public, including legal practitioners, who are not
connected with the case will only have access to view and print NonConfidential documents filed into the system;
(3) The electronic identity of each person viewing any document filed in the
system is capable of audit;
(4) The system and all documents filed electronically into RedCrest are
protected by 128-bit encryption;
(5) RedCrest permanently retains each document filed in the system in the
form in which it was originally filed. Documents filed in the ‘Court File’
for a case cannot be deleted as they are effectively locked as ‘Read Only’;
(6) A ‘Back-Up’ facility is provided; and
(7) A secure professional payment system has been employed for the on-line
payment system for fees using ‘eWay’, which is a leading online payment
service in Australia. The payment solutions offered by the payment
system provider have operated in the markets of Australia, New Zealand
and the United Kingdom for 16 years. The eWay system has Level 1
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6 August 2014
Service Provider PCI DSS Compliance, providing accreditation as a secure
payment platform.
140
The security systems described are supported by Crimes Act 1958 (Vic.)
provisions: s.83A (falsification of documents) and s.247G (unauthorised access
to or modification of data), as well as the common law (perverting the course
of justice).
XVII. TRANSITIONAL ARRANGEMENTS FOR PRE-2014 REDCREST
MATTERS
141
The RedCrest prototype for the TEC List, and Bushfire Class Action cases was
hosted on the Microsoft 365 ‘Cloud’ server system. The new version 2014 of
RedCrest is hosted on an onshore server.
142
Consequently, usernames and passwords issued pre 2014 will only provide
access to the pre-2014 RedCrest system.
143
New usernames and passwords will be required to gain access to the present
system.
144
The link to RedCrest for pre-2014 cases is to be found by clicking on
Pre-2014 RedCrest Cases on the top status bar and following the link
provided.
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SCHEDULE 1
COURT DOCUMENTS TO BE FILED IN ‘WORD’ FORMAT
(Paragraph 56)
The following Court documents are to be filed into RedCrest in ‘Word’
format:














Authorities;
Expert Reports;
Lists of Documents;
List of Issues;
Orders;
Pleadings;
Rulings and Judgments;
Submissions (Applications);
Submissions (Trial);
Subpoenas;
Summonses;
Transcripts;
Trial Affidavits;
Witness Statements.
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SCHEDULE 2
DOCUMENTS WHEN FILED TO BE MARKED ‘CONFIDENTIAL’
(Paragraph 111)
The following documents will be designated "Confidential" on filing into RedCrest,
and except with the leave of the Court, no other documents will be so designated.

Exhibits to affidavits

Outlines of Submissions

Outlines of Argument

Lists of Authorities

Order 33 Reports (Medical examination and other medical reports)

Order 44 Reports (Expert Witness Statements)

Witness Statements

Outlines of Evidence

Synopses of Evidence

Submissions & Chronologies (except where there is an order or
direction that they be retained on file. In this case they would form part
of the main file index)

Documents that by order are to be treated as confidential

De Bene Esse evidence
40
6 August 2014