Victorian Numbered Regulations Victorian Numbered Regulationsr. 17
After Order 28 of the Principal Rules insert —
(1) This Order applies to any proceeding which, upon its commencement, is to be entered into—
(a) the Commercial List pursuant to Rule 2.03(1) of Chapter II;
(b) the TEC List pursuant to Rule 3.03(1) of Chapter II;
(c) the RedCrest Corporations List pursuant to Rule 2.1.1(1) of Chapter V; or
(d) the Intellectual Property List pursuant to Rule 2.02(1) of Chapter VIII.
(2) Where, after a proceeding is commenced, it is entered into one or other of the Lists referred to in paragraph (1), this Order applies to the proceeding from the time of the entry.
(3) Unless the Court otherwise orders, this Order continues to apply to a proceeding referred to in paragraph (1) or (2) even if the proceeding is removed from the relevant List.
In this Order—
"case page" means the case page established in RedCrest for a proceeding.
Subject to this Order, all documents sought or required to be filed in a proceeding to which this Order applies shall be filed electronically in RedCrest in accordance with this Order.
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(1) A document filed in RedCrest is taken to be filed in the Court.
(2) A document filed or sought to be filed in RedCrest shall be in accordance with—
(a) the Forms provided for in this Order; or
(b) if no provision is made in this Order, in accordance with the Rules other than this Order.
(3) Subject to paragraphs (6) and (7), the Court file for a proceeding to which this Order applies consists of the documents filed electronically in RedCrest in the case page.
(4) A document in a proceeding is filed in RedCrest by uploading the document into RedCrest.
(5) A document is uploaded into RedCrest when it can be viewed in the case page.
(6) 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 requirements of Rule 28A.03 be dispensed with.
(7) If an order is made or a direction is given under paragraph (6), then, unless the order or direction otherwise provides—
(a) any documents to which the order or direction relates may be filed in accordance with either Part 1 or Part 2 of Order 28; and
(b) the Court file shall include those documents as well as any documents filed electronically in the case page.
(8) If a document cannot be filed in RedCrest in a proceeding because of an impediment affecting RedCrest itself or affecting general access to RedCrest—
(a) the document may, while the impediment continues, be filed by being lodged with the Prothonotary—
(i) in paper form; or
(ii) in such other form or manner as the Prothonotary may allow; and
(b) the Prothonotary shall upload the document into RedCrest when it becomes possible to do so.
(9) If at a particular time access to documents previously filed in RedCrest in a proceeding cannot be obtained electronically by the Court or by a party because of an impediment affecting RedCrest itself or affecting general access to RedCrest—
(a) the Court may direct the parties to lodge with the Prothonotary paper copies or copies in another form of some or all of the documents previously filed in RedCrest in the proceeding; and
(b) the Court may order that, for the purposes of Rule 28.05 or for any other purposes, the copies be treated, for so long as may be required, as though they had been filed as the documents to which they respectively correspond.
(1) Subject to Rule 5.11(5), a document uploaded into RedCrest is taken to have been filed in RedCrest at the time it is uploaded.
(2) A document filed in RedCrest in any 24 hour daily period is taken to have been filed on the day to which the 24 hour daily period relates.
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(1) If the Court or the Prothonotary considers that the form or contents of an originating process filed in RedCrest shows that the proceeding or claim commenced thereby is or would be irregular or an abuse of the process of the Court, the Court may order or the Prothonotary may direct that the filing of the originating process be set aside or be of no effect.
(2) Where a document filed in RedCrest has not been prepared in accordance with these Rules or any order of the Court—
(a) the Court may order or the Prothonotary may direct that the filing of the document be set aside or be of no effect; and
(b) the Court may order that the party responsible shall not be entitled to rely upon the document in any manner in the proceeding until a document which is duly prepared is made available.
(3) The Court, of its own motion or on the application of a party, may set aside or vary a direction given by the Prothonotary under paragraph (1) or (2).
(1) The seal of the Court shall not be required to be affixed to any document to which this Order applies prior to it being uploaded into RedCrest.
(2) The affixing by RedCrest of an electronic watermark or electronic stamp containing a facsimile of the seal of the Court to a document filed in RedCrest is sufficient compliance with any requirement of these Rules or any order of the Court that the document be sealed with the seal of the Court.
(3) This Rule applies despite anything to the contrary in Rule 28.04.
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If a document sought to be filed in RedCrest is required by these Rules to be
signed, the original paper version of the document shall be signed accordingly
and the signature shall be electronically recorded on the version of the
document to be filed in RedCrest in conformity with the following
format—
"/s/ Jane Doe" or "s/ John Doe".
(1) At the request of the Court or the Prothonotary, a party shall produce the original paper version of a document that has been electronically filed in RedCrest.
(2) If a party cannot produce the original paper version of a document pursuant to a request under paragraph (1), the Court may order or the Prothonotary may direct that the filing of the document in RedCrest be set aside or be of no effect.
(3) The Court may, by order, set aside any direction of the Prothonotary under paragraph (2).
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(1) The filing of a document in RedCrest does not relieve a party from any obligation to retain an original document.
(2) Without limiting any other obligation to retain a document, where a party has filed in RedCrest a document which is required by these Rules to be signed, that party shall retain the original signed paper version of the document from the date of filing until the later of—
(a) the expiry of any period within which, without any extension of time, an application for leave to appeal may be made or an appeal may be brought in or in relation to the proceeding;
(b) the determination of any application for leave to appeal made or appeal brought within the period referred to in paragraph (a); or
(c) in a case where an application for leave to appeal is made or an appeal is brought outside the period referred to in paragraph (a), and the party becomes aware of the making of the application or the bringing of the appeal and, at that time, retains the original signed paper version of the document, the determination of the application or the appeal.
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(1) A judgment or order in a proceeding to which this Order applies is authenticated when—
(a) the Judge of the Court or Associate Judge or judicial registrar giving the judgment or making the order causes his or her electronic signature to be applied to the judgment or order;
(b) if that Judge or Associate Judge or judicial registrar is unable for sufficient cause to do so, another Judge or Associate Judge or judicial registrar (as the case requires) causes his or her electronic signature to be applied to the judgment or order; or
(c) the Prothonotary causes his or her electronic signature to be applied to the judgment or order—
and the seal of the Court is affixed to the judgment or order by the system automatically affixing an electronic watermark or electronic stamp containing a facsimile of the Court seal to the judgment or order.
(2) A judgment or an order that has been authenticated in accordance with paragraph (1) is filed when it can be viewed in the case page.
(3) Nothing in this Rule prevents the authentication in accordance with Order 60 of a judgment or order in a proceeding to which this Order applies.
(1) Access to RedCrest may be provided either at the offices of the Court or by the issue to a person by the Prothonotary of a username and password.
(2) Access to RedCrest at the offices of the Court may be provided subject to any conditions or limitations which the Prothonotary deems fit.
(3) The Prothonotary may—
(a) impose conditions on the use by a person of the username and password issued to that person;
(b) add to or vary any such conditions.
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(1) Without limiting Rule 28A.12(3), the Prothonotary may impose a condition on the use by a person of a username and password that—
(a) limits the documents that the person may view in RedCrest;
(b) prohibits the person from filing documents in RedCrest; or
(c) directs how the person is to view or file documents in RedCrest.
(2) The Prothonotary may adopt measures necessary to ensure that conditions imposed on the use by any person of a username and password are observed.
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The Prothonotary may refuse to issue a username and password to a person or may cancel the username and password of a person if the person—
(a) has misused RedCrest or has failed to comply with—
(i) any provision of these Rules relating to RedCrest; or
(ii) any condition to which the use of a username and password by the person has been subject;
(b) has failed to pay any fee payable in respect of RedCrest;
(c) is a legal practitioner who has been struck off or suspended from legal practice or who has ceased legal practice;
(d) does not have the technical ability or the equipment, or access to the equipment, necessary to make proper use of RedCrest;
(e) has been declared a vexatious litigant;
(f) is a person, other than a legal practitioner, whose matter has been finalised; or
(g) is a person who, for any other reason, is not a suitable person to have access to RedCrest by means of a username and password.
On the application of any person or on its own motion, the Court may direct the Prothonotary to—
(a) provide at the offices of the Court, with or without conditions or limitations, access to RedCrest to a person;
(b) issue, with or without conditions, a username and password to a person if the Prothonotary has refused to do so;
(c) reinstate, with or without conditions, any username and password which has been cancelled; or
(d) impose or vary any condition on the use by any person of a username and password.
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(1) The Court may, unless documents are required to be personally served, order that the filing of documents in RedCrest shall have effect as service of those documents on the parties to be served.
(2) The Court may make an order under paragraph (1) of its own motion or on the application of any party.
(3) The Court may revoke or vary any order made under paragraph (1).
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.
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