Victorian Numbered Regulations Victorian Numbered RegulationsFor Order 28A of the Principal Rules substitute —
(1) This Order applies to documents to be filed in the Court in any proceeding in—
(a) the Commercial Court;
Note
See Order 2 of Chapter II of the Rules of the Court.
(b) the Common Law Division; or
(c) the Costs Court.
(2) Subject to this Order, all documents sought or required to be filed in a proceeding to which this Order applies shall be filed in accordance with this Order.
(3) Unless the Court otherwise orders, this Order continues to apply to a proceeding referred to in paragraph (1) even if the proceeding is removed from the Commercial Court, Common Law Division or the Costs Court, as the case requires.
(4) Nothing in this Order affects the filing of originating process pursuant to Rule 5.11(5).
In this Order—
"authorised person" means a person who has been issued with a username and password to access RedCrest by the Prothonotary or otherwise provided with access to RedCrest;
"seal" means seal with the seal of the Court.
(1) A document to be filed in the Court is to be submitted by an authorised person in RedCrest in—
(a) a pdf version; or
(b) any other form approved by the Prothonotary.
(2) A document is filed in the Court when it is sealed by the Prothonotary.
(3) 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 documents be filed in any other manner that the Court or the Prothonotary considers appropriate.
(1) The Prothonotary may refuse to seal a document submitted in RedCrest to be filed until the Prothonotary is satisfied that the document—
(a) complies with the Rules; or
(b) complies with an order of the Court.
(2) The Prothonotary may reject a document if the Prothonotary 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 after a reasonable opportunity to do so.
(3) If the Prothonotary—
(a) refuses to seal a document; or
(b) rejects the document—
the Prothonotary 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 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—
(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 to seal the document with a filing date, being the date the document was first submitted in RedCrest for filing;
(e) direct the Prothonotary 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) The Prothonotary may—
(a) refuse to issue a person with a username and password;
(b) cancel a username and password;
(c) impose or vary conditions on the use of a username and password.
(7) The Court may give any direction to the Prothonotary that it considers appropriate in relation to any case in which the Prothonotary exercises a power under paragraph (6).
A judgment or an order is authenticated when it is authenticated in accordance with Order 60.
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.".