Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A proceeding shall be commenced by filing the originating process.
(1.1) An originating process is filed—
(a) when the Prothonotary receives the originating process and seals and dates it; or
Rule 5.11(1.1)(b) revoked by S.R. No. 58/2018 rule 9(1)(a).
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Rule 5.11(1.1)(c) amended by S.R. No. 58/2018 rule 9(1)(b).
(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.03.
Rule 5.11(2) substituted by S.R. No. 58/2018 rule 9(2).
(2) The originating process for filing shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person, but need not be signed by the Prothonotary.
Rule 5.11(3) amended by S.R. No. 58/2018 rule 9(3).
(3) Upon an originating process being filed or at any later time, the Prothonotary, on the request of the plaintiff, shall seal a sufficient number of copies of the originating process for service.
(3.1) Paragraph (3) does not apply to an originating process filed in RedCrest.
Rule 5.11(4) substituted by S.R. No. 58/2018 rule 9(4).
(4) Subject to paragraph (4.1), in a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, where it exceeds 25 pages, of the relevant parts shall be lodged with the Prothonotary at the time the originating motion is filed.
(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.
Rule 5.11(5) substituted by S.R. No. 58/2018 rule 9(5).
(5) If the Prothonotary's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be lodged in the Prothonotary's office on the day the office is next open, or, where appropriate, undertakes that it will be submitted in RedCrest for filing when it is next possible to do so—
(a) the Court may—
(i) initial the originating process and such number of copies as are required for service; or
(ii) send an email to the plaintiff, with the originating process attached, stating that the originating process is filed pursuant to this Rule and that copies of that originating process with the email attached may be used for service; and
(b) upon such initialing or the sending of the email the originating process shall be taken to have been sealed and filed.