Supreme Court (E-Filing Amendments) Rules 2017FILE/17-015sr.docx · Web viewSupreme Court...

Supreme Court (E-Filing Amendments) Rules 2017S.R. No. 15/2017

TABLE OF PROVISIONSRule Page

Part 1—Preliminary 1

1 Object 12 Authorising provisions 13 Commencement 1

Part 2—Amendment of Chapter I 2

4 Definitions 25 Application of Order 28A 26 Definitions for Order 28A 27 How document filed 38 Rule 28A.16 revoked 39 Application of Order 48 310 Form 5F amended 311 Form 11C amended 4

Part 3—Amendment of Chapter II 5

12 Definitions 513 Heading to Order 2 amended 514 Definitions 515 Commercial List Judges to manage cases in List 616 Entry into Commercial List 617 Directions 718 Rule 2.06 substituted 719 Definitions for Order 3 720 Entry into TEC List 821 Directions 8

Part 4—Amendment of Chapter V 9

22 Definitions for these Rules 923 Form 2A amended 9

Part 5—Amendment of Chapter VII 10

24 Entry into the List 10

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Part 6—Amendment of Chapter VIII 11

25 Definitions 1126 Entry into Intellectual Property List 1127 Directions 11

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Endnotes 14

STATUTORY RULES 2017

S.R. No. 15/2017

Supreme Court Act 1986

Supreme Court (E-Filing Amendments) Rules 2017

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary1 Object

The object of these Rules is to amend Chapters I, II, V, VII and VIII of the Rules of the Supreme Court in relation to electronic filing in certain Lists of the Supreme Court.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3 Commencement

These Rules come into operation on 18 April 2017.

1

Part 2—Amendment of Chapter I4 Definitions

In Rule 1.13(1) of the Supreme Court (General Civil Procedure) Rules 20151, for the definition of RedCrest substitute—

"RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 applies;".

5 Application of Order 28A

For Rule 28A.01(1)(a) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

"(a) a Commercial List pursuant to Rule 2.03(1) of Chapter II, including, for the avoidance of doubt, the List known as the Insurance List;".

6 Definitions for Order 28A

In Rule 28A.02 of the Supreme Court (General Civil Procedure) Rules 2015—

(a) in the definition of case page for "proceeding." substitute "proceeding;";

(b) insert the following definition—

"My Filings page means the list of documents a user has uploaded electronically into RedCrest.".

Part 5—Amendment of Chapter VII


2

7 How document filed

(1) For Rule 28A.04(3) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

"(3) Subject to paragraphs (6) and (7), and to Rule 28A.05, the Court file for a proceeding to which this Order applies consists of the documents contained in the case page.".

(2) For Rule 28A.04(5) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

'(5) A document is uploaded into RedCrest when it is listed as "filed" in the My Filings page.'.

(3) In Rule 28A.04(7)(b) of the Supreme Court (General Civil Procedure) Rules 2015, for "filed electronically" substitute "contained".

8 Rule 28A.16 revoked

Rule 28A.16 of the Supreme Court (General Civil Procedure) Rules 2015 is revoked.

9 Application of Order 48

For Rule 48.01(2)(c) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—

"(c) a Commercial List;".

10 Form 5F amended

In Form 5F of the Supreme Court (General Civil Procedure) Rules 2015—

(a) omit "S ECI No.";

(b) omit "[to be inserted by the Court]" where first occurring;



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(c) omit "Date of filing: [to be inserted by the Court]";

(d) under the heading "FIRST DIRECTIONS HEARING", for "conducted on [to be inserted by the Court]." substitute "conducted at a time to be fixed by the Court.".

11 Form 11C amended

In Form 11C of the Supreme Court (General Civil Procedure) Rules 2015—

(a) omit "S ECI No.";

(b) omit "[to be inserted by the Court]" where first occurring;

(c) omit "Date of filing: [to be inserted by the Court]".



4

Part 3—Amendment of Chapter II12 Definitions

In Rule 1.05.1 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 20082, for the definition of RedCrest substitute—

"RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 of Chapter I applies.".

13 Heading to Order 2 amended

In the heading to Order 2 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, for "LIST" substitute "LISTS".

14 Definitions

In Rule 2.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a) for the definition of Commercial List or List substitute—

"Commercial List or List means a list of commercial proceedings which are to be managed by a Commercial List Judge;";

(b) for the definition of Commercial List Judge substitute—

"Commercial List Judge means a Judge of the Court nominated by the Chief Justice to manage a Commercial List;".



5

15 Commercial List Judges to manage cases in List

(1) In the heading to Rule 2.02 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, for "in List" substitute "in Lists".

(2) In Rule 2.02 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a) in paragraphs (1) and (4), for "the List" substitute "a List";

(b) in paragraphs (2) and (3), for "the Commercial List" substitute "a Commercial List".

16 Entry into Commercial List

(1) For the heading to Rule 2.03 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—

"Entry into a Commercial List".

(2) For Rule 2.03(1) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—

'(1) At the option of the plaintiff, the originating process in a commercial proceeding may be marked in the top left-hand corner with the words "Commercial List" and, after the filing of an originating process so marked, the proceeding shall be entered into a Commercial List.Note

See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).'.

(3) In Rule 2.03(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, for "the Commercial List" substitute "a Commercial List".



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(4) After Rule 2.03(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert—

"(3) A Commercial List Judge may, on the Judge's own motion, direct that a proceeding be entered into a Commercial List if satisfied that the proceeding should be heard and determined in a Commercial List.".

17 Directions

The note at the foot of Rule 2.04 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 is revoked.

18 Rule 2.06 substituted

For Rule 2.06 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—

"2.06 Removal from a Commercial List

A Commercial List Judge may, at any time, order that a proceeding in a Commercial List be removed from that List.

Note

See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).".

19 Definitions for Order 3

In Rule 3.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, for the definition of Technology, Engineering and Construction List, TEC List or List substitute—

"Technology, Engineering and Construction List, TEC List or List means the list of technology, engineering and construction cases which are to be managed by a TEC List Judge;".



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20 Entry into TEC List

After Rule 3.03(3) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert—

"(4) A TEC List Judge may, on the Judge's own motion, direct that a proceeding be entered into the TEC List if satisfied that the proceeding should be heard and determined in the TEC List.".

21 Directions

The note at the foot of Rule 3.04 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 is revoked.



8

Part 4—Amendment of Chapter V22 Definitions for these Rules

In Rule 1.5 of the Supreme Court (Corporations) Rules 20133, for the definitions of RedCrest and RedCrest Corporations List substitute—

"RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 of Chapter I applies;

RedCrest Corporations List means the list of proceedings under these Rules which are to be managed by a Corporations List Judge;".

23 Form 2A amended

In Form 2A of the Supreme Court (Corporations) Rules 2013—

(a) for "Melbourne at am on [insert date]." substitute "Melbourne at a time to be fixed by the Court.";

(b) before "Case Management" insert "Filing and";

(c) omit "Date of filing: [to be inserted by the Court]".



9

Part 5—Amendment of Chapter VII24 Entry into the List

After Rule 3.02(3) of the Supreme Court Admiralty Rules 20104, insert—

"(4) The Judge in Admiralty may, on the Judge's own motion, direct that a proceeding be entered into the Admiralty List if satisfied that the proceeding should be heard and determined in the Admiralty List.".



10

Part 6—Amendment of Chapter VIII25 Definitions

In Rule 1.06(1) of the Supreme Court (Intellectual Property) Rules 20165—

(a) for the definition of List substitute—

"List means the Intellectual Property List;";

(b) for the definition of RedCrest substitute—

"RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 of Chapter I applies;".

26 Entry into Intellectual Property List

After Rule 2.02(3) of the Supreme Court (Intellectual Property) Rules 2016 insert—

"(4) A Judge may, on the Judge's own motion, direct that a proceeding be entered into the Intellectual Property List if satisfied that the proceeding should be heard and determined in the Intellectual Property List.".

27 Directions

The note at the foot of Rule 2.04(1) of the Supreme Court (Intellectual Property) Rules 2016 is revoked.

Dated: 30 March 2017

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

MARK WEINBERG, J.A.

PAMELA TATE, J.A.



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R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

ANNE FERGUSON, J.A.

S. G. E. McLEISH, J.A.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

JAMES JUDD, J.

PETER VICKERY, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

K. McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

JOANNE CAMERON, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.



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P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

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Endnotes

Endnotes


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1 Rule 4: S.R. No. 103/2015. Reprint No. 1 as at 1 October 2016. Reprinted to S.R. No. 109/2016. Subsequently amended by S.R. Nos 138/2016 and 139/2016.

2 Rule 12: S.R. No. 94/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 209/2014. Subsequently amended by S.R. Nos 142/2015 and 14/2016.

3 Rule 22: S.R. No. 112/2013 as amended by S.R. Nos 48/2014, 10/2015, 30/2015, 40/2015 and 140/2016.4 Rule 24: S.R. No. 24/2010.5 Rule 25: S.R. No. 107/2016.

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