Supreme Court (RedCrest Electronic Case
Management System Amendment) Rules 2014
S.R. No. 48/2014
TABLE OF PROVISIONS
Rule
Page
PART 1—PRELIMINARY
1
2
3
1
Object
Authorising provisions
Commencement
1
1
1
PART 2—AMENDMENT OF CHAPTER I
4
5
6
7
8
9
10
11
12
13
14
15
16
17
2
Principal Rules
Interpretation
When writ required
When originating motion required
Form of originating process
Filing of originating process
How personal service effected
Mode of filing appearance
Conditional appearance
Statement of claim on third party notice
Prothonotary refusing to seal or accept document
Application of Part 1 of Order 28
28.00 Application of this Part
Application of Part 2 of Order 28
New Order 28A
2
2
2
2
2
3
4
4
4
5
5
5
5
5
6
ORDER 28A
6
ELECTRONIC FILING IN REDCREST
6
28A.01
28A.02
28A.03
28A.04
28A.05
28A.06
6
6
7
7
9
28A.07
28A.08
Application of this Order
Definitions
Exclusive method of filing
How document filed
Time of filing
Non-compliance with Rules and documents that may
be set aside etc.
Seal of the Court
Signatures on documents
i
9
10
10
Rule
Page
28A.09
28A.10
28A.11
28A.12
28A.13
28A.14
18
19
20
21
22
Production of original document
Retention of original signed document
Authentication of judgments and orders in RedCrest
Access to RedCrest
Limited access
Refusal to issue and cancellation of username and
password
28A.15 Review by Court of access to RedCrest
28A.16 Order for electronic service
28A.17 Confidentiality and privacy
When authentication required
Mode of authentication
New Form 5F
10
11
12
13
13
Form 5F—Originating Process—RedCrest
16
New Forms 8AB and 8AC
24
Form 8AB—Notice of Appearance—RedCrest
24
Form 8AC—Notice of Conditional Appearance—RedCrest
26
New Form 11C
27
Form 11C—Third Party Notice—RedCrest
27
PART 3—AMENDMENT OF CHAPTER V
23
24
25
26
27
28
29
14
15
15
16
16
16
16
33
Definitions for these Rules
New Rule 2.1.1
2.1.1 RedCrest Corporations List
Originating process and interlocutory process—Forms 2 and 3
Notice of appearance (section 465C of the Corporations Act)—
Form 4
Application for recognition
New Form 2A
33
33
33
34
Form 2A—Originating Process—RedCrest (Corporations)
35
New Form 4A
39
Form 4A—Notice of Appearance—RedCrest (Corporations)
39
34
34
35
═══════════════
ENDNOTES
42
ii
STATUTORY RULES 2014
S.R. No. 48/2014
Supreme Court Act 1986
Corporations (Ancillary Provisions) Act 2001
Supreme Court (RedCrest Electronic Case
Management System Amendment) Rules 2014
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1 Object
The object of these Rules is to amend Chapters I
and V of the Rules of the Supreme Court to
provide for procedures for the use of the
electronic case management system known as
"RedCrest" in certain specialist Lists of the
Supreme Court.
2 Authorising provisions
These Rules are made under section 25 of the
Supreme Court Act 1986, section 23 of the
Corporations (Ancillary Provisions) Act 2001
and all other enabling powers.
3 Commencement
These Rules come into operation on 1 July 2014.
__________________
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Rules 2014
S.R. No. 48/2014
r. 4
Part 2—Amendment of Chapter I
PART 2—AMENDMENT OF CHAPTER I
4 Principal Rules
In these Rules, the Supreme Court (General Civil
Procedure) Rules 20051 are called the Principal
Rules.
5 Interpretation
In Rule 1.13(1) of the Principal Rules insert the
following definition—
'RedCrest means the electronic case management
system known as "RedCrest" as in operation
in the Court from time to time;'.
6 When writ required
At the end of Rule 4.04 of the Principal Rules
insert—
"(2) For the purposes of these Rules, an
originating process filed or to be filed in
RedCrest which contains an indorsement of
claim in accordance with Rule 5.04(2) is
deemed to be a writ.".
7 When originating motion required
At the end of Rule 4.05 of the Principal Rules
insert—
"(2) For the purposes of these Rules, an
originating process filed or to be filed in
RedCrest which does not contain an
indorsement of claim in accordance with
Rule 5.04(2) but contains an indorsement in
accordance with Rule 5.05 is deemed to be
an originating motion.".
8 Form of originating process
After Rule 5.02(2) of the Principal Rules insert—
"(3) An originating process filed or to be filed in
RedCrest shall be in Form 5F.".
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Part 2—Amendment of Chapter I
9 Filing of originating process
(1) In Rule 5.11(1A)(b) of the Principal Rules—
(a) after "Prothonotary" insert "pursuant to
Part 2 of Order 28";
(b) for "(4)." substitute "(4); or".
(2) After Rule 5.11(1A)(b) of the Principal Rules
insert—
"(c) in the case of a proceeding to which
Order 28A applies, when the originating
process has been dealt with in accordance
with Rule 28A.04.".
(3) In Rule 5.11(2) of the Principal Rules for "The"
substitute "Subject to Rule 28A.08 (in the case of
an originating process filed in RedCrest), the".
(4) After Rule 5.11(3) of the Principal Rules insert—
"(3.1) Paragraph (3) does not apply to an
originating process filed in RedCrest.".
(5) In Rule 5.11(4) of the Principal Rules—
(a) for "In" substitute "Subject to
paragraph (4.1), in";
(b) for ", Part 2 of Order 28" substitute
"pursuant to Part 2 of Order 28, that Part".
(6) After Rule 5.11(4) of the Principal Rules insert—
"(4.1) In a proceeding commenced by originating
motion filed in RedCrest, where the relief or
remedy sought includes the construction of
any instrument other than an Act, a copy of
the instrument or, if it exceeds 25 pages, of
the relevant parts shall be filed in RedCrest
together with the originating motion.".
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Part 2—Amendment of Chapter I
(7) In Rule 5.11(5) of the Principal Rules after "open"
insert ", or, where appropriate, undertakes that it
will be uploaded into RedCrest when it is next
possible to do so".
10 How personal service effected
(1) In Rule 6.03(2) of the Principal Rules for "In"
substitute "Subject to paragraph (2.1), in".
(2) After Rule 6.03(2) of the Principal Rules insert—
"(2.1) In the case of originating process filed in
RedCrest under Order 28A, the copy for
service shall be a copy of the originating
process as sealed in accordance with
Rule 28A.07.".
11 Mode of filing appearance
(1) In Rule 8.05(1) of the Principal Rules for "An"
substitute "Subject to paragraph (1.1), an".
(2) After Rule 8.05(1) of the Principal Rules insert—
"(1.1) Where a proceeding has been commenced by
filing an originating process in RedCrest
under Order 28A—
(a) an appearance shall be filed by filing, in
accordance with Rule 28A.04, a notice
of appearance in Form 8AB; and
(b) paragraphs (2), (3) and (4) do not
apply.".
12 Conditional appearance
In Rule 8.08(2) of the Principal Rules after
"Form 8B" insert "or, if the proceeding has been
commenced by filing an originating process in
RedCrest under Order 28A, in Form 8AC".
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S.R. No. 48/2014
Part 2—Amendment of Chapter I
13 Statement of claim on third party notice
(1) In Rule 11.02 of the Principal Rules for "A third"
substitute "Subject to paragraph (2), a third".
(2) At the end of Rule 11.02 of the Principal Rules
insert—
"(2) A third party notice filed or to be filed in
RedCrest under Order 28A—
(a) shall be in Form 11C; and
(b) shall be indorsed with a statement of
claim.".
14 Prothonotary refusing to seal or accept document
After Rule 27.06(3) of the Principal Rules
insert—
"(4) Paragraphs (1), (2) and (3) do not apply to an
originating process or other document filed
in RedCrest under Order 28A.".
15 Application of Part 1 of Order 28
Before Rule 28.01 of the Principal Rules insert—
"28.00 Application of this Part
Rules 28.01, 28.02 and 28.03 do not apply
to—
(a) a document filed under Part 2 of this
Order; or
(b) a document filed, or required to be
filed, under Order 28A.".
16 Application of Part 2 of Order 28
In Rule 28.07 of the Principal Rules after "Court"
insert "other than where Order 28A (relating to
RedCrest) applies".
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Part 2—Amendment of Chapter I
17 New Order 28A
After Order 28 of the Principal Rules insert—
'ORDER 28A
ELECTRONIC FILING IN REDCREST
28A.01 Application of this Order
(1) This Order applies to any proceeding which,
upon its commencement, is to be entered
into—
(a) the Commercial List pursuant to
Rule 2.03(1) of Chapter II;
(b) the TEC List pursuant to Rule 3.03(1)
of Chapter II;
(c) the RedCrest Corporations List
pursuant to Rule 2.1.1(1) of Chapter V;
or
(d) the Intellectual Property List pursuant
to Rule 2.02(1) of Chapter VIII.
(2) Where, after a proceeding is commenced, it
is entered into one or other of the Lists
referred to in paragraph (1), this Order
applies to the proceeding from the time of
the entry.
(3) Unless the Court otherwise orders, this Order
continues to apply to a proceeding referred to
in paragraph (1) or (2) even if the proceeding
is removed from the relevant List.
28A.02 Definitions
In this Order—
case page means the case page established in
RedCrest for a proceeding.
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Part 2—Amendment of Chapter I
28A.03 Exclusive method of filing
Subject to this Order, all documents sought
or required to be filed in a proceeding to
which this Order applies shall be filed
electronically in RedCrest in accordance
with this Order.
28A.04 How document filed
(1) A document filed in RedCrest is taken to be
filed in the Court.
(2) A document filed or sought to be filed in
RedCrest shall be in accordance with—
(a) the Forms provided for in this Order; or
(b) if no provision is made in this Order, in
accordance with the Rules other than
this Order.
(3) Subject to paragraphs (6) and (7), the Court
file for a proceeding to which this Order
applies consists of the documents filed
electronically in RedCrest in the case page.
(4) A document in a proceeding is filed in
RedCrest by uploading the document into
RedCrest.
(5) A document is uploaded into RedCrest when
it can be viewed in the case page.
(6) The Court may order or the Prothonotary
may direct, in relation to any or all
documents in a proceeding or part of a
proceeding, that the requirements of
Rule 28A.03 be dispensed with.
(7) If an order is made or a direction is given
under paragraph (6), then, unless the order or
direction otherwise provides—
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Part 2—Amendment of Chapter I
(a) any documents to which the order or
direction relates may be filed in
accordance with either Part 1 or Part 2
of Order 28; and
(b) the Court file shall include those
documents as well as any documents
filed electronically in the case page.
(8) 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
(b) the Prothonotary shall upload the
document into RedCrest when it
becomes possible to do so.
(9) 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 the
purposes of Rule 28.05 or for any other
purposes, the copies be treated, for so
long as may be required, as though they
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Part 2—Amendment of Chapter I
had been filed as the documents to
which they respectively correspond.
28A.05 Time of filing
(1) Subject to Rule 5.11(5), a document
uploaded into RedCrest is taken to have been
filed in RedCrest at the time it is uploaded.
(2) 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.
28A.06 Non-compliance with Rules and
documents that may be set aside etc.
(1) If the Court or the Prothonotary considers
that the form or contents of an originating
process filed in RedCrest shows that the
proceeding or claim commenced thereby is
or would be irregular or an abuse of the
process of the Court, the Court may order or
the Prothonotary may direct that the filing of
the originating process be set aside or be of
no effect.
(2) Where a document filed in RedCrest has not
been prepared in accordance with these
Rules or any order of the Court—
(a) the Court may order or the
Prothonotary may direct that the filing
of the document be set aside or be of no
effect; and
(b) the Court may order that the party
responsible shall not be entitled to rely
upon the document in any manner in
the proceeding until a document which
is duly prepared is made available.
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Part 2—Amendment of Chapter I
(3) The Court, of its own motion or on the
application of a party, may set aside or vary
a direction given by the Prothonotary under
paragraph (1) or (2).
28A.07 Seal of the Court
(1) The seal of the Court shall not be required to
be affixed to any document to which this
Order applies prior to it being uploaded into
RedCrest.
(2) The affixing by RedCrest of an electronic
watermark or electronic stamp containing a
facsimile of the seal of the Court to a
document filed in RedCrest is sufficient
compliance with any requirement of these
Rules or any order of the Court that the
document be sealed with the seal of the
Court.
(3) This Rule applies despite anything to the
contrary in Rule 28.04.
28A.08 Signatures on documents
If a document sought to be filed in RedCrest
is required by these 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 RedCrest in
conformity with the following format—
"/s/ Jane Doe" or "s/ John Doe".
28A.09 Production of original document
(1) At the request of the Court or the
Prothonotary, a party shall produce the
original paper version of a document that has
been electronically filed in RedCrest.
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Part 2—Amendment of Chapter I
(2) If a party cannot produce the original paper
version of a document pursuant to a request
under paragraph (1), 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.
(3) The Court may, by order, set aside any
direction of the Prothonotary under
paragraph (2).
28A.10 Retention of original signed document
(1) The filing of a document in RedCrest does
not relieve a party from any obligation to
retain an original document.
(2) Without limiting any other obligation to
retain a document, where a party has filed in
RedCrest a document which is required by
these 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;
(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
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Part 2—Amendment of Chapter I
version of the document, the
determination of the application or the
appeal.
28A.11 Authentication of judgments and orders
in RedCrest
(1) A judgment or order in a proceeding to
which this Order applies is authenticated
when—
(a) the Judge of the Court or Associate
Judge or judicial registrar giving the
judgment or making the order causes
his or her electronic signature to be
applied to the judgment or order;
(b) if that Judge or Associate Judge or
judicial registrar is unable for sufficient
cause to do so, another Judge or
Associate Judge or judicial registrar
(as the case requires) causes his or her
electronic signature to be applied to the
judgment or order; or
(c) the Prothonotary causes his or her
electronic signature to be applied to the
judgment or order—
and the seal of the Court is affixed to the
judgment or order by the system
automatically affixing an electronic
watermark or electronic stamp containing a
facsimile of the Court seal to the judgment or
order.
(2) A judgment or an order that has been
authenticated in accordance with
paragraph (1) is filed when it can be viewed
in the case page.
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S.R. No. 48/2014
Part 2—Amendment of Chapter I
(3) Nothing in this Rule prevents the
authentication in accordance with Order 60
of a judgment or order in a proceeding to
which this Order applies.
28A.12 Access to RedCrest
(1) Access to RedCrest may be provided either
at the offices of the Court or by the issue to a
person by the Prothonotary of a username
and password.
(2) Access to RedCrest at the offices of the
Court may be provided subject to any
conditions or limitations which the
Prothonotary deems fit.
(3) The Prothonotary may—
(a) impose conditions on the use by a
person of the username and password
issued to that person;
(b) add to or vary any such conditions.
28A.13 Limited access
(1) Without limiting Rule 28A.12(3), the
Prothonotary may impose a condition on the
use by a person of a username and password
that—
(a) limits the documents that the person
may view in RedCrest;
(b) prohibits the person from filing
documents in RedCrest; or
(c) directs how the person is to view or file
documents in RedCrest.
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Part 2—Amendment of Chapter I
(2) The Prothonotary may adopt measures
necessary to ensure that conditions imposed
on the use by any person of a username and
password are observed.
28A.14 Refusal to issue and cancellation of
username and password
The Prothonotary may refuse to issue a
username and password to a person or may
cancel the username and password of a
person if the person—
(a) has misused RedCrest or has failed to
comply with—
(i) any provision of these Rules
relating to RedCrest; or
(ii) any condition to which the use of
a username and password by the
person has been subject;
(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
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Part 2—Amendment of Chapter I
(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.
28A.15 Review by Court of access to RedCrest
On the application of any person or on its
own motion, the Court may direct the
Prothonotary to—
(a) provide at the offices of the Court, with
or without conditions or limitations,
access to RedCrest to a person;
(b) issue, with or without conditions, a
username and password to a person if
the Prothonotary has refused to do so;
(c) reinstate, with or without conditions,
any username and password which has
been cancelled; or
(d) impose or vary any condition on the use
by any person of a username and
password.
28A.16 Order for electronic service
(1) 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.
(2) The Court may make an order under
paragraph (1) of its own motion or on the
application of any party.
(3) The Court may revoke or vary any order
made under paragraph (1).
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r. 18
28A.17 Confidentiality and privacy
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.
__________________'.
18 When authentication required
(1) In Rule 60.01(1) of the Principal Rules after
"this Order" insert "or Rule 28A.11".
(2) In Rule 60.01(2) of the Principal Rules after
"this Order" insert "or Rule 28A.11".
19 Mode of authentication
In Rule 60.02(1) of the Principal Rules after
"paragraph (4)" insert "and to Rule 28A.11".
20 New Form 5F
After Form 5E of the Principal Rules insert—
'FORM 5F
ORIGINATING PROCESS—REDCREST
Rule 5.02(3)
IN THE SUPREME COURT OF VICTORIA
AT
COMMERCIAL COURT
LIST: [insert List as appropriate, e.g. Commercial List
TEC List or Intellectual Property List]
S ECI No.
[to be inserted by the Court]
BETWEEN
A.B.
Plaintiff
and
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Part 2—Amendment of Chapter I
C.D.
Defendant
Date of document:
Filed on behalf of: the plaintiff
Prepared by [name or firm of solicitor and name of case manager]:
Tel:
Email:
Address:
Solicitor's code:
Date of filing: [to be inserted by the Court]
TO THE DEFENDANT(S)
*[If Rule 4.04(2) applies and this originating process is a deemed writ]
TAKE NOTICE that this proceeding has been brought against you by the
plaintiff for the claim set out in this originating process. This originating
process has been filed electronically in the Court's Case Management System
known as RedCrest.
Under the Rules of the Court, this originating process is deemed to be a writ.
IF YOU INTEND TO DEFEND the proceeding, or if you have a claim
against the plaintiff which you wish to have taken into account at the trial,
YOU MUST GIVE NOTICE of your intention by filing an appearance in the
manner and within the proper time for appearance stated below.
IF YOU FAIL to file an appearance in the proper manner and within the
proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on
the claim without further notice.
IF the plaintiff claims a debt only and you pay that debt, namely, $ and $
for legal costs to the plaintiff or the plaintiff's solicitor within the proper time
for appearance, this proceeding will come to an end. Notwithstanding the
payment you may have the costs taxed by the Court.
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*STATEMENT OF CLAIM/*INDORSEMENT OF CLAIM
[Plaintiff's indorsement of a statement of claim or of a statement sufficient to
give with reasonable particularity notice of the nature of the claim and the
cause of the claim and of the relief or remedy sought in the proceeding.]
1 Place of trial
(If no place of trial is specified, trial will be in Melbourne.)
2 Mode of trial
(If trial before a Judge of the Court and jury is not specified, trial will be
before a Judge of the Court sitting alone.)
3 *This originating process was filed—
(a) by the plaintiff in person;
(b) for the plaintiff by [name or firm of solicitor], solicitor, of
[business address of solicitor];
(c) for the plaintiff by [name or firm of solicitor], solicitor, of
[business address of solicitor] as agent for [name or firm of
principal solicitor], solicitor, of [business address of principal].
4 The address of the plaintiff is
5 The address for service of the plaintiff is
[Where the plaintiff sues by a solicitor, the address for service is the
business address of the solicitor or, where the solicitor acts by an agent,
the business address of the agent. Where the plaintiff sues without a
solicitor, the address for service is stated in 4, but, where that address is
outside Victoria, the plaintiff must state an address for service within
Victoria.]
6 The address of the defendant is
OR
*[If Rule 4.05(2) applies and this originating process is a deemed originating
motion]
TAKE NOTICE that this proceeding has been brought against you by the
plaintiff for the relief or remedy set out in this originating process. This
originating process has been filed electronically in the Court's Case
Management System known as RedCrest.
Under the Rules of the Court, this originating process is deemed to be an
originating motion.
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Part 2—Amendment of Chapter I
IF YOU INTEND TO DEFEND the proceeding, YOU MUST GIVE
NOTICE of your intention by filing an appearance in the manner and within
the proper time for appearance stated below.
IF YOU FAIL to file an appearance in the proper manner and within the
proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU
without further notice.
IF YOU FILE an appearance within the proper time, the plaintiff cannot
obtain judgment against you except by application to the Court after notice to
you by summons.
[Specify the relief or remedy sought and the Act, if any, under which the
claim is made, and, where it includes the answer to any question, state the
question.]
1 Place of trial
(If no place of trial is specified, trial will be in Melbourne.)
2 *This originating process was filed—
(a) by the plaintiff in person;
(b) for the plaintiff by [name or firm of solicitor], solicitor, of
[business address of solicitor];
(c) for the plaintiff by [name or firm of solicitor], solicitor, of
[business address of solicitor] as agent for [name or firm of
principal solicitor], solicitor, of [business address of principal].
3 The address of the plaintiff is
4 The address for service of the plaintiff is
[Where the plaintiff sues by a solicitor, the address for service is the
business address of the solicitor or, where the solicitor acts by an agent,
the business address of the agent. Where the plaintiff sues without a
solicitor, the address for service is stated in 3, but, where that address is
outside Victoria, the plaintiff must state an address for service within
Victoria.]
5 The address of the defendant is
[In any case]
SUBJECT MATTER OF CLAIM
[Where applicable, summarise in not more than 2 lines the subject-matter of
the claim e.g. a screen play written by the Plaintiff entitled "Passing in the
night"]
19
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Part 2—Amendment of Chapter I
CAUSES OF ACTION
[Summarise each cause of action relied upon, e.g. Breach of contract;
Misleading or deceptive conduct; Negligence etc.]
FILING APPEARANCE
YOU OR YOUR SOLICITOR may file the appearance. An appearance is to
be filed in accordance with the procedures and requirements set out in
Schedule 2 to this originating process.
**THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the originating process in Victoria, within
10 days after service;
(b) where you are served with the originating process out of Victoria and in
another part of Australia, within 21 days after service;
(c) where you are served with the originating process in Papua New
Guinea, within 28 days after service;
(d) where you are served with the originating process in New Zealand
under Part 2 of the Trans-Tasman Proceedings Act 2010 of the
Commonwealth, within 30 working days (within the meaning of that
Act) after service or, if a shorter or longer period has been fixed by the
Court under section 13(1)(b) of that Act, the period so fixed;
(e) in any other case, within 42 days after service of the originating process.
**[Strike out this paragraph where an order has been made fixing the time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is within
days after
service on you of this originating process."]
CASE MANAGEMENT
FIRST DIRECTIONS HEARING
TAKE NOTICE that a first directions hearing will be conducted on [to be
inserted by the Court].
This directions hearing will be conducted by the allocated List Judge.
The name of the Judge and the location of the courtroom will be published on
the Court's website by 4.30 pm on the day before the first directions hearing.
At the first directions hearing the parties, if represented, will be expected to
appear by their legal practitioners. They should be ready to explain briefly, if
requested, the nature of the dispute and the substantial questions in
controversy, and to assist the Court to facilitate the just, efficient, timely and
cost-effective resolution of the real issues in dispute in accordance with the
Civil Procedure Act 2010.
If this originating process is a deemed writ, the Rules as to filing a defence
apply regardless of the date of the first directions hearing.
20
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S.R. No. 48/2014
Part 2—Amendment of Chapter I
SERVICE
THIS ORIGINATING PROCESS is to be served within one year from the
date it is filed or within such further period as the Court orders.
TRIAL ESTIMATE
[Estimate the length of trial e.g. 6 to 8 trial days]
CIVIL PROCEDURE ACT CERTIFICATIONS
*OVERARCHING OBLIGATIONS CERTIFICATION
Rule 4.09
In accordance with section 41 of the Civil Procedure Act 2010, I [name of
party] certify to the Court that I have read and understood the overarching
obligations set out in sections 16 to 26 of that Act and the paramount duty set
out in section 16 of the Act.
Date: [insert date of certification]
Signed
[To be signed personally by party or if party is represented by a litigation
guardian or similar representative, by that litigation guardian or
representative, or if party has no meaningful control of the proceeding by
virtue of a statute or a contract of insurance, by the person in control of the
proceeding by virtue of the statute or contract of insurance. The electronic
version is to be signed in accordance with the RedCrest protocol for
signatures e.g. /s/ Jane Doe or s/ John Doe].
*CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS
CERTIFICATION
Rule 4.09.1
In accordance with section 41(5)(b) of the Civil Procedure Act 2010,
I [name of legal practitioner] certify to the Court that [name of party] is
currently involved, or has been involved, in more than one civil proceeding
and has personally made the overarching obligations certification in other
civil proceedings in the Court within 2 years prior to the date of this
certification.
Date: [insert date of certification]
Signed
[To be signed by legal practitioner representing party who has previously
made overarching obligations certification in other civil proceedings in the
Court. The electronic version is to be signed in accordance with the
RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].
21
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r. 20
PROPER BASIS CERTIFICATION
Rule 4.10
In accordance with section 42 of the Civil Procedure Act 2010, I [name of
legal practitioner or, if not legally represented, name of party] certify to the
Court that, on the factual and legal material available to me at present:
*[if this originating process is a deemed writ in a civil proceeding which
involves allegations of fact:] each allegation of fact in this document has a
proper basis.
*[if this originating process is a deemed originating motion in a civil
proceeding seeking a particular relief or remedy:]
*(a) each claim in this document has a proper basis;
*(b) each question posed to the Court in this document has a proper basis;
Date: [insert date of certification]
Signed
[To be signed by the legal practitioner or if party not legally represented,
personally by the party. The electronic version is to be signed in accordance
with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].
SCHEDULE 1
SCHEDULE OF PARTIES
[if applicable]
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Part 2—Amendment of Chapter I
SCHEDULE 2
FILING AN APPEARANCE IN REDCREST
RedCrest
All documents filed in this proceeding must be filed in RedCrest unless the
Court has otherwise ordered in a particular case or unless documents cannot
be filed in RedCrest because of an impediment affecting RedCrest itself or
affecting general access to RedCrest.
These Instructions
The Notice of Appearance is an important document. These instructions set
out the basic steps for filing a Notice of Appearance in RedCrest.
Self-represented persons—Filing a Notice of Appearance
A self-represented person who is served with an Originating Process—
RedCrest and who wishes to contest the claim must—
1. Complete the Notice of Appearance—RedCrest (Form 8AB); and
2. Within the time stated in the Originating Process—RedCrest, deliver the
Notice of Appearance to the Supreme Court Registry.
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 the electronic file for the proceeding. There will also be an
instruction manual available at Registry for all users.
Persons Represented by a Solicitor—Filing a Notice of Appearance
A solicitor who is required to file a Notice of Appearance on behalf of a
client must follow the steps below. These are described in more detail in the
online instruction manual available on the RedCrest public homepage
www.redcrest.com.au.
1. If you do not have a username and password for RedCrest, complete
and submit the application form available on the RedCrest public
homepage at: www.redcrest.com.au ("Username and Password
Applications"), and await processing and email advice for the assigned
username and password. This should be provided usually within
24 hours (weekdays).
2. Assign your practitioner particulars to this case in accordance with the
instruction manual.
3. Complete the Notice of Appearance—RedCrest (Form 8AB) using the
online form available from the RedCrest public homepage.
4. File the Notice of Appearance—RedCrest in the case page file for the
matter in the manner described in the online instruction manual.
23
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Part 2—Amendment of Chapter I
r. 21
5. If, by virtue of an order of the Court you are not required to file the
Notice of Appearance—RedCrest in RedCrest or the Notice of
Appearance cannot be filed in RedCrest because of an impediment
affecting RedCrest itself or affecting general access to RedCrest, then
you must file a Notice of Appearance—RedCrest (Form 8AB) in paper
form or such other form or manner as the Prothonotary may allow at the
Supreme Court Registry.
6. For further filings, follow the online instruction manual for the
operation of RedCrest available on the RedCrest public homepage
www.redcrest.com.au.
Any Questions?
If you have any questions, please call the RedCrest Help Desk or contact the
Supreme Court Registry.
RedCrest Help Desk Contact Details: See RedCrest public homepage.
Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone
number] Hours. 9:30 am to 4:00 pm each business day.
*complete or delete as appropriate.
__________________'.
21 New Forms 8AB and 8AC
After Form 8A of the Principal Rules insert—
"FORM 8AB
Rule 8.05(1.1)
NOTICE OF APPEARANCE—REDCREST
[heading as in originating process]
FILE an appearance for [full name of defendant]
abovenamed
[name of person or firm filing appearance]
Date:
The address of the defendant is
[insert address].
Email address is:
Contact telephone number is:
24
the
defendant.
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Rules 2014
S.R. No. 48/2014
Part 2—Amendment of Chapter I
*[Where the Service and Execution of Process Act 1992 of the
Commonwealth applies]
The address for service of the defendant within Australia is [insert address].
Email address is:
Contact telephone number is:
*[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth
applies]
The address for service of the defendant in Australia or New Zealand
is [insert address].
Email address is:
Contact telephone number is:
*[Where neither of those Acts applies and the defendant appears in person
and the address of the defendant is outside Victoria]
The address of the defendant within Victoria for service is [insert address].
Email address is:
Contact telephone number is:
*[Where neither of those Acts applies and the defendant appears by a
solicitor]
The name or firm and the business address within Victoria of the case
manager solicitor for the defendant is:
Name of the case manager solicitor within the firm is:
Individual email address of the case manager solicitor within the firm is:
Contact telephone number of the case manager solicitor is:
*[Where neither of those Acts applies and the solicitor is an agent of
another] The name or firm and business address of the principal is [insert
name or firm and business address].
*complete or delete as appropriate.
__________________
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r. 21
FORM 8AC
Rule 8.08(2)
NOTICE OF CONDITIONAL APPEARANCE—REDCREST
[heading as in originating process]
FILE a conditional appearance for [full name of defendant] the abovenamed
defendant.
[name of person or firm filing appearance]
Date:
The address of the defendant is
[insert address].
Email address is:
Contact telephone number is:
*[Where the Service and Execution of Process Act 1992 of the
Commonwealth applies]
The address for service of the defendant within Australia is [insert address].
Email address is:
Contact telephone number is:
*[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth
applies]
The address for service of the defendant in Australia or New Zealand
is [insert address].
Email address is:
Contact telephone number is:
*[Where neither of those Acts applies and the defendant appears in person
and the address of the defendant is outside Victoria]
The address of the defendant within Victoria for service is [insert address].
Email address is:
Contact telephone number is:
*[Where neither of those Acts applies and the defendant appears by a
solicitor]
The name or firm and the business address within Victoria of the case
manager solicitor for the defendant is:
Name of the case manager solicitor within the firm is:
26
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Part 2—Amendment of Chapter I
Individual email address of the case manager solicitor within the firm is:
Contact telephone number of the case manager solicitor is:
*[Where neither of those Acts applies and the solicitor is an agent of
another] The name or firm and business address of the principal is [insert
name or firm and business address].
*complete or delete as appropriate.
__________________".
22 New Form 11C
After Form 11B of the Principal Rules insert—
'FORM 11C
Rule 11.02(2)
THIRD PARTY NOTICE—REDCREST
IN THE SUPREME COURT OF VICTORIA
AT
COMMERCIAL COURT
LIST: [insert List as appropriate, e.g. Commercial List
TEC List or Intellectual Property List]
S ECI No.
[to be inserted by the Court]
BETWEEN
A.B.
Plaintiff
and
C.D.
Defendant
and
E.F.
Third Party
Date of document:
Filed on behalf of: the defendant
Prepared by [name or firm of solicitor and name of case manager]:
Tel:
27
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Part 2—Amendment of Chapter I
r. 22
Email:
Address:
Solicitor's Code:
Date of filing: [to be inserted by the Court]
TO E.F.:
TAKE NOTICE that the plaintiff has brought this proceeding against the
defendant for the claim set out in the Originating Process—RedCrest served
herewith.
AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the
grounds set out in the defendant's defence served herewith, and claims to be
entitled to relief against you on the grounds set out in the statement of claim
endorsed on this notice.
This third party notice has been filed electronically in the Court's Case
Management System known as RedCrest.
IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant,
or the defendant's claim against you, YOU MUST GIVE NOTICE of your
intention by filing an appearance in the manner and within the proper time for
appearance stated below.
YOU OR YOUR SOLICITOR may file the appearance. An appearance is
filed in accordance with the procedures and requirements set out in
Schedule 2 to this third party notice.
IF YOU FAIL to file an appearance in the proper manner and within the
proper time you will be taken to admit the validity of any judgment against
the defendant and your own liability to the defendant to the extent claimed in
the statement of claim indorsed on this notice, and the defendant may
OBTAIN JUDGMENT AGAINST YOU without further notice.
**THE PROPER TIME TO FILE AN APPEARANCE is as follows—
(a) where you are served with the originating process in Victoria, within
10 days after service;
(b) where you are served with the originating process out of Victoria and in
another part of Australia, within 21 days after service;
(c) where you are served with the originating process in Papua New
Guinea, within 28 days after service;
(d) where you are served with the originating process in New Zealand
under Part 2 of the Trans-Tasman Proceedings Act 2010 of the
Commonwealth, within 30 working days (within the meaning of that
Act) after service or, if a shorter or longer period has been fixed by the
Court under section 13(1)(b) of that Act, the period so fixed;
28
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Part 2—Amendment of Chapter I
(e) in any other case, within 42 days after service of the originating process.
**[Strike out this paragraph where an order has been made fixing the time for appearance and
substitute "THE PROPER TIME TO FILE AN APPEARANCE is within
days after service
on you of this originating process."]
STATEMENT OF CLAIM
[Set out in separate, consecutively numbered paragraphs all of the material
facts relied upon for the claim against the third party and state precisely the
relief claimed.]
1 *This notice was filed—
(a) by the defendant in person;
(b) for the defendant by [name or firm of solicitor], solicitor, of
[business address of solicitor];
(c) for the defendant by [name or firm of solicitor], solicitor, of
[business address of solicitor] as agent for [name or firm of
principal solicitor], solicitor, of [business address of principal].
2 The address of the defendant is
3 The address for service of the defendant is
4 The address of the third party is
CIVIL PROCEDURE ACT CERTIFICATIONS
*OVERARCHING OBLIGATIONS CERTIFICATION
Rule 4.09
In accordance with section 41 of the Civil Procedure Act 2010, I [name of
party] certify to the Court that I have read and understood the overarching
obligations set out in sections 16 to 26 of that Act and the paramount duty set
out in section 16 of the Act.
Date: [insert date of certification]
Signed s/
[To be signed personally by party or if party is represented by a litigation
guardian or similar representative, by that litigation guardian or
representative, or if party has no meaningful control of the proceeding by
virtue of a statute or a contract of insurance, by the person in control of the
proceeding by virtue of the statute or contract of insurance. The electronic
version is to be signed in accordance with the RedCrest protocol for
signatures e.g. /s/ Jane Doe or s/ John Doe].
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Part 2—Amendment of Chapter I
r. 22
*CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS
CERTIFICATION
Rule 4.09.1
In accordance with section 41(5)(b) of the Civil Procedure Act 2010,
I [name of legal practitioner] certify to the Court that [name of party] is
currently involved, or has been involved, in more than one civil proceeding
and has personally made the overarching obligations certification in other
civil proceedings in the Court within 2 years prior to the date of this
certification.
Date: [insert date of certification]
Signed
[To be signed by legal practitioner representing party who has previously
made overarching obligations certification in other civil proceedings in the
Court. The electronic version is to be signed in accordance with the RedCrest
protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].
PROPER BASIS CERTIFICATION
Rule 4.10
In accordance with section 42 of the Civil Procedure Act 2010, I [name of
legal practitioner or if not legally represented, name of party] certify to the
Court that, on the factual and legal material available to me at present:
[if this third party notice is in a civil proceeding which involves allegations of
fact:]
*(a) each allegation of fact in this document has a proper basis;
*(b) each denial in this document has a proper basis;
*(c) there is a proper basis for each non-admission in this document.
Date: [insert date of certification]
Signed
[To be signed by the legal practitioner or if party not legally represented,
personally by the party. The electronic version to be signed in accordance
with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].
30
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Rules 2014
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Part 2—Amendment of Chapter I
SCHEDULE 1
SCHEDULE OF PARTIES
[if applicable]
SCHEDULE 2
FILING AN APPEARANCE IN REDCREST
RedCrest
All documents filed in this proceeding must be filed in RedCrest unless the
Court has otherwise ordered in a particular case or unless documents cannot
be filed in RedCrest because of an impediment affecting RedCrest itself or
affecting general access to RedCrest.
These Instructions
The Notice of Appearance is an important document. These instructions set
out the basic steps for filing a Notice of Appearance in RedCrest.
Self-represented persons—Filing a Notice of Appearance
A self-represented person who is served with a Third Party Notice—
RedCrest and who wishes to contest the claim must—
1. Complete the Notice of Appearance—RedCrest (Form 8AB); and
2. Within the time stated in the Third Party Notice—RedCrest, deliver the
Notice of Appearance to the Supreme Court Registry.
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 the electronic file for the proceeding. There will also be an
instruction manual available at Registry for all users.
31
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Part 2—Amendment of Chapter I
r. 22
Persons Represented by a Solicitor—Filing a Notice of Appearance
A solicitor who is required to file a Notice of Appearance—RedCrest on
behalf of a client must follow the steps below. These are described in more
detail in the online instruction manual available on the RedCrest public
homepage www.redcrest.com.au.
1. If you do not have a username and password for RedCrest, complete
and submit the application form available on the RedCrest public
homepage at: www.redcrest.com.au ("Username and Password
Applications") and await processing and email advice for the assigned
username and password. This should be provided usually within
24 hours (weekdays).
2. Assign your practitioner particulars to this case in accordance with the
instruction manual.
3. Complete the Notice of Appearance—RedCrest (Form 8AB) using the
online form available from the RedCrest public homepage.
4. File the Notice of Appearance in the case page file for the matter in the
manner described in the online instruction manual.
5. If, by virtue of an order of the Court you are not required to file the
Notice of Appearance in RedCrest or the Notice of Appearance cannot
be filed in RedCrest because of an impediment affecting RedCrest itself
or affecting general access to RedCrest, then you must file a Notice of
Appearance—RedCrest (Form 8AB) in paper form or such other form
or manner as the Prothonotary may allow at the Supreme Court
Registry.
6. For further filings, follow the online instruction manual for the
operation of RedCrest available on the RedCrest public homepage
www.redcrest.com.au.
Any Questions?
If you have any questions, please call the RedCrest Help Desk or contact the
Supreme Court Registry.
RedCrest Help Desk Contact Details: See RedCrest public homepage.
Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone
number], Hours. 9:30 am to 4:00 pm each business day.
*complete or delete as appropriate.
__________________'.
__________________
32
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S.R. No. 48/2014
Part 3—Amendment of Chapter V
PART 3—AMENDMENT OF CHAPTER V
23 Definitions for these Rules
(1) In Rule 1.5 of the Supreme Court (Corporations)
Rules 20132 insert the following definitions—
'Corporations List Judge means a Judge of the
Court nominated by the Chief Justice as a
Corporations List Judge;
RedCrest means the electronic case management
system known as "RedCrest" as in operation
in the Court from time to time;
RedCrest Corporations List means the list of
proceedings under these Rules, compiled by
the Prothonotary, which are to be managed
by a Corporations List Judge;'.
(2) In Rule 1.5 of the Supreme Court (Corporations)
Rules 2013, in the definition of originating
process, after "Form 2" insert "or Form 2A".
24 New Rule 2.1.1
After Rule 2.1 of the Supreme Court
(Corporations) Rules 2013 insert—
'2.1.1 RedCrest Corporations List
(1) Except where the proceeding is a proceeding,
matter or application which in the first
instance may or must be dealt with by an
Associate Judge pursuant to Rule 16.1(1) or
Part 3 of Order 16, the plaintiff may, at the
plaintiff's option, mark the originating
process in the top left-hand corner with the
words "RedCrest Corporations List" and,
upon the filing of such originating process so
marked, the proceeding is taken to be entered
in the RedCrest Corporations List.
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r. 25
Part 3—Amendment of Chapter V
(2) Any party to any proceeding under these
Rules in which the originating process has
not been so marked may apply to a
Corporations List Judge for an order entering
the proceeding in the RedCrest Corporations
List.'.
25 Originating process and interlocutory process—
Forms 2 and 3
(1) In the heading to Rule 2.2 of the Supreme Court
(Corporations) Rules 2013, after "Forms 2" insert
", 2A".
(2) For Rule 2.2(3)(a) of the Supreme Court
(Corporations) Rules 2013 substitute—
"(a) be in accordance with Form 2 or, if an
originating process is sought or required to
be filed electronically in RedCrest, in
Form 2A; and".
26 Notice of appearance (section 465C of the
Corporations Act)—Form 4
(1) In the heading to Rule 2.9 of the Supreme Court
(Corporations) Rules 2013, for "Form 4"
substitute "Forms 4 and 4A".
(2) For Rule 2.9(1)(a)(i) of the Supreme Court
(Corporations) Rules 2013 substitute—
"(i) a notice of appearance in accordance with
Form 4 or, if the originating process has been
filed electronically in RedCrest, in Form 4A;
and".
27 Application for recognition
In Rule 15A.3(1) of the Supreme Court
(Corporations) Rules 2013, after "Form 2" insert
"or, if an originating process is sought or required
to be filed electronically in RedCrest, in
Form 2A".
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Part 3—Amendment of Chapter V
28 New Form 2A
In Schedule 1 to the Supreme Court
(Corporations) Rules 2013, after Form 2 insert—
'Rules 2.2 and 15A.3
FORM 2A
ORIGINATING PROCESS—REDCREST (CORPORATIONS)
[Title]
A.
DETAILS OF APPLICATION
This application is made under *section/*regulation [number] of the
*Corporations Act/*ASIC Act/*Cross-Border Insolvency Act/*Corporations
Regulations.
[State briefly the nature of the proceeding, e.g. oppression proceeding or
application by liquidator for directions.]
On the facts stated in the supporting affidavit(s), the plaintiff claims—
1.
2.
etc.
Application Hearing Time Estimate: [estimate the length of the hearing time
e.g. 1 to 2 days]
Date:
...........................................................
Signature of plaintiff or plaintiff's
legal practitioner. The electronic
version is to be signed in
accordance with the RedCrest
protocol for signatures
e.g. /s/ Jane Doe or s/ John Doe.
This application will be heard by a Corporations List Judge at 210 William
Street Melbourne at
am on [insert date].
B.
NOTICE TO DEFENDANT(S)
TO: [name and address of each defendant (if any)]:
This originating process has been filed electronically in the Court's Case
Management System known as RedCrest.
35
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Part 3—Amendment of Chapter V
r. 28
If you or your legal practitioner do not appear before the Court at the time
shown above, the application may be dealt with, and an order made, in your
absence. As soon after that time as the business of the Court will allow, any
of the following may happen—
(a) the application may be heard and final relief given;
(b) directions may be given for the future conduct of the proceeding;
(c) any interlocutory application may be heard.
Before appearing before the Court, you must file a notice of appearance in
the prescribed form and serve a copy of it on the plaintiff. The procedure for
filing a notice of appearance is set out in Schedule 2 below.
Note: Except with the leave of the Court, a defendant that is a corporation
cannot appear at a hearing otherwise than by a legal practitioner.
C.
FILING
Date of filing: [to be inserted by the Court]
This originating process is filed by [name] for the plaintiff.
D.
SERVICE
The plaintiff's address for service is [address of plaintiff's legal practitioner
or of plaintiff].
*[Where plaintiff appears in person]
Email address is:
Contact telephone number is:
*[Where plaintiff appears by a legal practitioner]
The name or firm and the business address within Victoria of the case
manager legal practitioner for the plaintiff is:
Name of the case manager legal practitioner within the firm is:
Individual email address of the case manager legal practitioner within the
firm is:
Contact telephone number of the case manager legal practitioner is:
*It is not intended to serve a copy of this originating process on any person.
OR
*It is intended to serve a copy of this originating process on each defendant
and on any person listed below:
[name of defendant and any other person on whom a copy of the originating
process is to be served]
36
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Part 3—Amendment of Chapter V
[Complete the following section if the time for service has been abridged]
The time by which a copy of this originating process is to be served has been
abridged by order made by [name of Judge of the Court] on [date] to [time
and date].
SCHEDULE 1
SCHEDULE OF PARTIES
[if applicable]
SCHEDULE 2
FILING AN APPEARANCE IN REDCREST
RedCrest
All documents to be filed in this proceeding must be filed in RedCrest unless
the Court has otherwise ordered in a particular case or unless documents
cannot be filed in RedCrest because of an impediment affecting RedCrest
itself or affecting general access to RedCrest.
These Instructions
The Notice of Appearance is an important document. These instructions set
out the basic steps for filing a Notice of Appearance in RedCrest.
Self-represented persons—Filing a Notice of Appearance
A self-represented person who is served with an Originating Process—
RedCrest and who wishes to contest the claim must—
1. Complete the Notice of Appearance—RedCrest (Corporations)
(Form 4A); and
2. Within the time stated in the Originating Process—RedCrest
(Corporations), deliver the Notice of Appearance to the Supreme Court
Registry.
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 the electronic file for the proceeding. There will also be an
instruction manual available at Registry for all users.
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Persons Represented by a Solicitor—Filing a Notice of Appearance
A solicitor who is required to file a Notice of Appearance on behalf of a
client must follow the steps below. These are described in more detail in the
online instruction manual available on the RedCrest public homepage
www.redcrest.com.au.
1. If you do not have a username and password for RedCrest, complete
and submit the application form available on the RedCrest public
homepage at: www.redcrest.com.au ("Username and Password
Applications"), and await processing and email advice for the assigned
username and password. This will usually be provided within 24 hours
(weekdays).
2. Assign your practitioner particulars to this case in accordance with the
instruction manual.
3. Complete the Notice of Appearance—RedCrest (Corporations)
(Form 4A) using the online form available from the RedCrest public
homepage.
4. File the Notice of Appearance in the case page file for the matter in the
manner described in the online instruction manual.
5. If, by virtue of an order of the Court you are not required to file the
Notice of Appearance in RedCrest or the Notice of Appearance cannot
be filed in RedCrest because of an impediment affecting RedCrest itself
or affecting general access to RedCrest, then you must file a Notice of
Appearance—RedCrest (Corporations) (Form 4A) in paper form or such
other form or manner as the Prothonotary may allow at the Supreme
Court Registry.
6. For further filings, follow the online instruction manual for the
operation of RedCrest available on the RedCrest public homepage
www.redcrest.com.au.
Any Questions?
If you have any questions, please call the RedCrest Help Desk or contact the
Supreme Court Registry.
RedCrest Help Desk Contact Details: See RedCrest public homepage.
Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone
number], Hours. 9:30 am to 4:00 pm each business day.
*complete or delete as appropriate.
__________________'.
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29 New Form 4A
In Schedule 1 to the Supreme Court
(Corporations) Rules 2013, after Form 4 insert—
"Rule 2.9
FORM 4A
NOTICE OF APPEARANCE—REDCREST (CORPORATIONS)
[Title]
A.
DETAILS OF PERSON INTENDING TO APPEAR
Notice is given that [state full name and address], [briefly state your interest
in the proceeding, e.g. a creditor for $ (amount), or a contributory, of the
corporation] intends to appear before the Court at the hearing of the
application to be heard at [name of Court and address] on [date] and, if
applicable, to *oppose/*support the application.
Note: Except with the leave of the Court, a defendant that is a corporation
cannot appear at a hearing otherwise than by a legal practitioner.
B.
SERVICE
[This section must be completed]
The address for service of the person giving this notice is [address of person's
legal practitioner or of person].
*[Where the person giving this notice appears in person]
Email address is:
Contact telephone number is:
*[Where the person giving this notice appears by a legal practitioner]
The name or firm and the business address within Victoria of the case
manager legal practitioner for the person is:
Name of the case manager legal practitioner within the firm is:
Individual email address of the case manager legal practitioner within the
firm is:
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Contact telephone number of the case manager legal practitioner is:
...........................................................
Signature of person giving this
notice or of person's legal
practitioner. The electronic
version is to be signed in
accordance with the RedCrest
protocol for signatures
e.g. /s/ Jane Doe or s/ John Doe.
Date:
*Omit if not applicable.
__________________".
Dated: 29 May 2014
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
PHILLIP PRIEST, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
K. WILLIAMS, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
JACK FORREST, J.
JAMES JUDD, J.
PETER VICKERY, J.
KARIN EMERTON, J.
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CLYDE CROFT, J.
ANNE FERGUSON, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
═══════════════
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Endnotes
ENDNOTES
1
Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013.
Reprinted to S.R. No. 119/2013 and subsequently amended by
S.R. Nos 146/2013, 147/2013 and 148/2013.
2
Rule 23: S.R. No. 112/2013.
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