Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 28A.04

Powers of Prothonotary or Registrar

    (1)     The Prothonotary or the Registrar (in a proceeding in the Court of Appeal) may refuse to seal a document submitted in RedCrest to be filed until satisfied that the document

        (a)     complies with the Rules; or

        (b)     complies with an order of the Court.

    (2)     The Prothonotary or the Registrar may reject a document if the Prothonotary or Registrar considers that—

        (a)     a document, if it were sealed, would be substantially irregular or constitute an abuse of process; or

        (b)     there has been a failure to comply with the Rules, an order of the Court or a direction of the Prothonotary or the Registrar after a reasonable opportunity to do so.

    (3)     If the Prothonotary or the Registrar

        (a)     refuses to seal a document; or

        (b)     rejects the document

the Prothonotary or the Registrar, as the case requires, shall send an electronic communication to the authorised person advising—

        (c)     that the document has not been accepted for filing; and

        (d)     the reason it was not accepted for filing.

    (4)     Unless the Prothonotary or the Registrar rejects the document under paragraph (2), on sealing, a document is taken to have been filed at the time and on the date it was first submitted in RedCrest for filing in accordance with Rule 28A.03(1).

    (5)     If the Prothonotary or the Registrar

        (a)     fails to seal a document within a reasonable time; or

        (b)     refuses to seal a document; or

        (c)     rejects a document

the Court may—

        (d)     direct the Prothonotary or the Registrar to seal the document with a filing date, being the date the document was first submitted in RedCrest for filing;

        (e)     direct the Prothonotary or the Registrar to seal the document with a filing date, being the date the document is so sealed;

        (f)     make any other order or give any direction that it considers appropriate.

    (6)     For the purposes of paragraph (5), if a direction or order is made by the Court of Appeal, the Court of Appeal may be constituted by one or more Judges of Appeal.

Rule 28A.04.1 inserted by S.R. No. 73/2019 rule 5.



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