Victorian Numbered Regulations Victorian Numbered RegulationsAfter Order 1 of the Supreme Court (Administration and Probate) Rules 2014 insert —
(1) This Order applies to the filing of a document in any proceeding to which these Rules apply other than—
(a) an original will; or
(b) a grant of representation, an exemplification or an order from another jurisdiction which is to be resealed or proved in Victoria.
(2) Subject to this Order, Rule 1.08(1) or any other provision in these Rules to the contrary, this Order applies to any document in any proceeding to which these Rules apply whether commenced before, on or after the commencement of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019.
In this Order—
"authorised person "means a person who has been issued with a username and password to access RedCrest-Probate by the Registrar or otherwise provided with access to RedCrest-Probate;
"seal "means seal with the seal of the Court.
(1) Subject to paragraph (2), a document to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest-Probate—
(a) in the case of an originating motion—
(i) by completing the electronic form of originating motion in RedCrest-Probate; or
(ii) in any other form approved by the Registrar;
(b) in the case of a caveat—
(i) by completing the electronic form of caveat in RedCrest-Probate; or
(ii) in any other form approved by the Registrar;
(c) in the case of any other document—
(i) in a pdf version; or
(ii) in any other form approved by the Registrar.
Note
See also requirements in Orders 2 and 3.
(2) The Court may order or the Registrar may direct that a document be filed in any manner that the Court or the Registrar considers appropriate.
(3) A document is taken to be filed—
(a) if it is submitted in RedCrest-Probate and—
(i) accepted by being date and time stamped by the Registrar; or
(ii) in the case of a document required to be sealed, sealed by the Registrar—
when it was first submitted in RedCrest-Probate for filing in accordance with paragraph (1); or
(b) if, in accordance with paragraph (2), it is filed in accordance with a direction of the Court or the Registrar, when it is—
(i) accepted by being date and time stamped by the Registrar; or
(ii) in the case of a document required to be sealed, sealed by the Registrar.
(4) Subject to Rules 1.09 and 1.10, a document filed in a proceeding to which this Order applies is not open for inspection until after the grant of representation is made, unless the Court or the Registrar so directs.
(1) The Registrar may refuse to accept or seal a document submitted in RedCrest-Probate to be filed until satisfied that the document—
(a) complies with the Rules; or
(b) complies with an order of the Court.
(2) The Registrar may reject a document if the Registrar considers that—
(a) a document, if it were accepted or 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 Registrar after a reasonable opportunity to do so.
(3) If the Registrar—
(a) refuses to accept or seal a document; or
(b) rejects the document—
the Registrar 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) If the Registrar—
(a) fails to accept or seal a document within a reasonable time; or
(b) refuses to accept or seal a document; or
(c) rejects a document—
the Court may—
(d) direct the Registrar to accept or seal the document with a filing date, being the date the document was first submitted in RedCrest-Probate for filing;
(e) direct the Registrar to accept or seal the document with a filing date, being the date the document is so accepted or sealed;
(f) make any other order or give any direction that it considers appropriate.
(5) The Registrar 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.
(6) The Court may give any direction to the Registrar that it considers appropriate in relation to any case in which the Registrar exercises a power under paragraph (5).".