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Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014 S.R. No. 48/2014 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 PART 2—AMENDMENT OF CHAPTER I 2 4 Principal Rules 2 5 Interpretation 2 6 When writ required 2 7 When originating motion required 2 8 Form of originating process 2 9 Filing of originating process 3 10 How personal service effected 4 11 Mode of filing appearance 4 12 Conditional appearance 4 13 Statement of claim on third party notice 5 14 Prothonotary refusing to seal or accept document 5 15 Application of Part 1 of Order 28 5 28.00 Application of this Part 5 16 Application of Part 2 of Order 28 5 17 New Order 28A 6 ORDER 28A 6 ELECTRONIC FILING IN REDCREST 6 28A.01 Application of this Order 6 1

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Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014

S.R. No. 48/2014

TABLE OF PROVISIONSRule Page

PART 1—PRELIMINARY 1

1 Object 12 Authorising provisions 13 Commencement 1

PART 2—AMENDMENT OF CHAPTER I 2

4 Principal Rules 25 Interpretation 26 When writ required 27 When originating motion required 28 Form of originating process 29 Filing of originating process 310 How personal service effected 411 Mode of filing appearance 412 Conditional appearance 413 Statement of claim on third party notice 514 Prothonotary refusing to seal or accept document 515 Application of Part 1 of Order 28 5

28.00 Application of this Part 516 Application of Part 2 of Order 28 517 New Order 28A 6

ORDER 28A 6

ELECTRONIC FILING IN REDCREST 6

28A.01 Application of this Order 628A.02 Definitions 628A.03 Exclusive method of filing 728A.04 How document filed 728A.05 Time of filing 928A.06 Non-compliance with Rules and documents that may

be set aside etc. 928A.07 Seal of the Court 1028A.08 Signatures on documents 1028A.09 Production of original document 10

1

28A.10 Retention of original signed document 1128A.11 Authentication of judgments and orders in RedCrest 1228A.12 Access to RedCrest 1328A.13 Limited access 1328A.14 Refusal to issue and cancellation of username and

password 1428A.15 Review by Court of access to RedCrest 1528A.16 Order for electronic service 1528A.17 Confidentiality and privacy 16

18 When authentication required 1619 Mode of authentication 1620 New Form 5F 16

Form 5F—Originating Process—RedCrest 16

21 New Forms 8AB and 8AC 24

Form 8AB—Notice of Appearance—RedCrest 24

Form 8AC—Notice of Conditional Appearance—RedCrest 26

22 New Form 11C 27

Form 11C—Third Party Notice—RedCrest 27

PART 3—AMENDMENT OF CHAPTER V 33

23 Definitions for these Rules 3324 New Rule 2.1.1 33

2.1.1 RedCrest Corporations List 3325 Originating process and interlocutory process—Forms 2 and 3 3426 Notice of appearance (section 465C of the Corporations Act)—

Form 4 3427 Application for recognition 3428 New Form 2A 35

Form 2A—Originating Process—RedCrest (Corporations) 35

29 New Form 4A 39

Form 4A—Notice of Appearance—RedCrest (Corporations) 39

═══════════════ENDNOTES 41

STATUTORY RULES 2014

S.R. No. 48/2014

Supreme Court Act 1986

Corporations (Ancillary Provisions) Act 2001

Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1 Object

The object of these Rules is to amend Chapters I and V of the Rules of the Supreme Court to provide for procedures for the use of the electronic case management system known as "RedCrest" in certain specialist Lists of the Supreme Court.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 23 of the Corporations (Ancillary Provisions) Act 2001 and all other enabling powers.

3 Commencement

These Rules come into operation on 1 July 2014.

__________________

1

PART 2—AMENDMENT OF CHAPTER I

4 Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 20051 are called the Principal Rules.

5 Interpretation

In Rule 1.13(1) of the Principal Rules insert the following definition—

'RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time;'.

6 When writ required

At the end of Rule 4.04 of the Principal Rules insert—

"(2) For the purposes of these Rules, an originating process filed or to be filed in RedCrest which contains an indorsement of claim in accordance with Rule 5.04(2) is deemed to be a writ.".

7 When originating motion required

At the end of Rule 4.05 of the Principal Rules insert—

"(2) For the purposes of these Rules, an originating process filed or to be filed in RedCrest which does not contain an indorsement of claim in accordance with Rule 5.04(2) but contains an indorsement in accordance with Rule 5.05 is deemed to be an originating motion.".

8 Form of originating process

After Rule 5.02(2) of the Principal Rules insert—

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"(3) An originating process filed or to be filed in RedCrest shall be in Form 5F.".

9 Filing of originating process

(1) In Rule 5.11(1A)(b) of the Principal Rules—

(a) after "Prothonotary" insert "pursuant to Part 2 of Order 28";

(b) for "(4)." substitute "(4); or".

(2) After Rule 5.11(1A)(b) of the Principal Rules insert—

"(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.04.".

(3) In Rule 5.11(2) of the Principal Rules for "The" substitute "Subject to Rule 28A.08 (in the case of an originating process filed in RedCrest), the".

(4) After Rule 5.11(3) of the Principal Rules insert—

"(3.1) Paragraph (3) does not apply to an originating process filed in RedCrest.".

(5) In Rule 5.11(4) of the Principal Rules—

(a) for "In" substitute "Subject to paragraph (4.1), in";

(b) for ", Part 2 of Order 28" substitute "pursuant to Part 2 of Order 28, that Part".

(6) After Rule 5.11(4) of the Principal Rules insert—

"(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.".

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(7) In Rule 5.11(5) of the Principal Rules after "open" insert ", or, where appropriate, undertakes that it will be uploaded into RedCrest when it is next possible to do so".

10 How personal service effected

(1) In Rule 6.03(2) of the Principal Rules for "In" substitute "Subject to paragraph (2.1), in".

(2) After Rule 6.03(2) of the Principal Rules insert—

"(2.1) In the case of originating process filed in RedCrest under Order 28A, the copy for service shall be a copy of the originating process as sealed in accordance with Rule 28A.07.".

11 Mode of filing appearance

(1) In Rule 8.05(1) of the Principal Rules for "An" substitute "Subject to paragraph (1.1), an".

(2) After Rule 8.05(1) of the Principal Rules insert—

"(1.1) Where a proceeding has been commenced by filing an originating process in RedCrest under Order 28A—

(a) an appearance shall be filed by filing, in accordance with Rule 28A.04, a notice of appearance in Form 8AB; and

(b) paragraphs (2), (3) and (4) do not apply.".

12 Conditional appearance

In Rule 8.08(2) of the Principal Rules after "Form 8B" insert "or, if the proceeding has been commenced by filing an originating process in RedCrest under Order 28A, in Form 8AC".

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13 Statement of claim on third party notice

(1) In Rule 11.02 of the Principal Rules for "A third" substitute "Subject to paragraph (2), a third".

(2) At the end of Rule 11.02 of the Principal Rules insert—

"(2) A third party notice filed or to be filed in RedCrest under Order 28A—

(a) shall be in Form 11C; and

(b) shall be indorsed with a statement of claim.".

14 Prothonotary refusing to seal or accept document

After Rule 27.06(3) of the Principal Rules insert—

"(4) Paragraphs (1), (2) and (3) do not apply to an originating process or other document filed in RedCrest under Order 28A.".

15 Application of Part 1 of Order 28

Before Rule 28.01 of the Principal Rules insert—

"28.00 Application of this Part

Rules 28.01, 28.02 and 28.03 do not apply to—

(a) a document filed under Part 2 of this Order; or

(b) a document filed, or required to be filed, under Order 28A.".

16 Application of Part 2 of Order 28

In Rule 28.07 of the Principal Rules after "Court" insert "other than where Order 28A (relating to RedCrest) applies".

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17 New Order 28A

After Order 28 of the Principal Rules insert—

'ORDER 28A

ELECTRONIC FILING IN REDCREST

28A.01 Application of this Order

(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.

28A.02 Definitions

In this Order—

case page means the case page established in RedCrest for a proceeding.

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28A.03 Exclusive method of filing

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.

28A.04 How document filed

(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—

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(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

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long as may be required, as though they had been filed as the documents to which they respectively correspond.

28A.05 Time of filing

(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.

28A.06 Non-compliance with Rules and documents that may be set aside etc.

(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.

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(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).

28A.07 Seal of the Court

(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.

28A.08 Signatures on documents

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".

28A.09 Production of original document

(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.

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(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).

28A.10 Retention of original signed document

(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

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version of the document, the determination of the application or the appeal.

28A.11 Authentication of judgments and orders in RedCrest

(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.

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(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.

28A.12 Access to RedCrest

(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.

28A.13 Limited access

(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.

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(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.

28A.14 Refusal to issue and cancellation of username and password

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

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(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.

28A.15 Review by Court of access to RedCrest

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.

28A.16 Order for electronic service

(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).

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28A.17 Confidentiality and privacy

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.

__________________'.

18 When authentication required

(1) In Rule 60.01(1) of the Principal Rules after "this Order" insert "or Rule 28A.11".

(2) In Rule 60.01(2) of the Principal Rules after "this Order" insert "or Rule 28A.11".

19 Mode of authentication

In Rule 60.02(1) of the Principal Rules after "paragraph (4)" insert "and to Rule 28A.11".

20 New Form 5F

After Form 5E of the Principal Rules insert—

'FORM 5F

ORIGINATING PROCESS—REDCREST

Rule 5.02(3)

IN THE SUPREME COURT OF VICTORIA

AT

COMMERCIAL COURT

LIST: [insert List as appropriate, e.g. Commercial ListTEC List or Intellectual Property List]

S ECI No. [to be inserted by the Court]

BETWEEN

A.B.Plaintiff

and

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C.D. Defendant

Date of document:

Filed on behalf of: the plaintiff

Prepared by [name or firm of solicitor and name of case manager]:

Tel:

Email:

Address:

Solicitor's code:

Date of filing: [to be inserted by the Court]

TO THE DEFENDANT(S)

*[If Rule 4.04(2) applies and this originating process is a deemed writ]

TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this originating process. This originating process has been filed electronically in the Court's Case Management System known as RedCrest.

Under the Rules of the Court, this originating process is deemed to be a writ.

IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing an appearance in the manner and within the proper time for appearance stated below.

IF YOU FAIL to file an appearance in the proper manner and within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

IF the plaintiff claims a debt only and you pay that debt, namely, $ and $ for legal costs to the plaintiff or the plaintiff's solicitor within the proper time for appearance, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court.

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*STATEMENT OF CLAIM/*INDORSEMENT OF CLAIM

[Plaintiff's indorsement of a statement of claim or of a statement sufficient to give with reasonable particularity notice of the nature of the claim and the cause of the claim and of the relief or remedy sought in the proceeding.]

1 Place of trial

(If no place of trial is specified, trial will be in Melbourne.)

2 Mode of trial

(If trial before a Judge of the Court and jury is not specified, trial will be before a Judge of the Court sitting alone.)

3 *This originating process was filed—

(a) by the plaintiff in person;

(b) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor];

(c) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

4 The address of the plaintiff is

5 The address for service of the plaintiff is

[Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 4, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria.]

6 The address of the defendant is

OR

*[If Rule 4.05(2) applies and this originating process is a deemed originating motion]

TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the relief or remedy set out in this originating process. This originating process has been filed electronically in the Court's Case Management System known as RedCrest.

Under the Rules of the Court, this originating process is deemed to be an originating motion.

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IF YOU INTEND TO DEFEND the proceeding, YOU MUST GIVE NOTICE of your intention by filing an appearance in the manner and within the proper time for appearance stated below.

IF YOU FAIL to file an appearance in the proper manner and within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU without further notice.

IF YOU FILE an appearance within the proper time, the plaintiff cannot obtain judgment against you except by application to the Court after notice to you by summons.

[Specify the relief or remedy sought and the Act, if any, under which the claim is made, and, where it includes the answer to any question, state the question.]

1 Place of trial

(If no place of trial is specified, trial will be in Melbourne.)

2 *This originating process was filed—

(a) by the plaintiff in person;

(b) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor];

(c) for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

3 The address of the plaintiff is

4 The address for service of the plaintiff is

[Where the plaintiff sues by a solicitor, the address for service is the business address of the solicitor or, where the solicitor acts by an agent, the business address of the agent. Where the plaintiff sues without a solicitor, the address for service is stated in 3, but, where that address is outside Victoria, the plaintiff must state an address for service within Victoria.]

5 The address of the defendant is

[In any case]

SUBJECT MATTER OF CLAIM

[Where applicable, summarise in not more than 2 lines the subject-matter of the claim e.g. a screen play written by the Plaintiff entitled "Passing in the night"]

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CAUSES OF ACTION

[Summarise each cause of action relied upon, e.g. Breach of contract; Misleading or deceptive conduct; Negligence etc.]

FILING APPEARANCE

YOU OR YOUR SOLICITOR may file the appearance. An appearance is to be filed in accordance with the procedures and requirements set out in Schedule 2 to this originating process.

**THE PROPER TIME TO FILE AN APPEARANCE is as follows—

(a) where you are served with the originating process in Victoria, within 10 days after service;

(b) where you are served with the originating process out of Victoria and in another part of Australia, within 21 days after service;

(c) where you are served with the originating process in Papua New Guinea, within 28 days after service;

(d) where you are served with the originating process in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e) in any other case, within 42 days after service of the originating process.**[Strike out this paragraph where an order has been made fixing the time for appearance and substitute "THE PROPER TIME TO FILE AN APPEARANCE is within days after service on you of this originating process."]

CASE MANAGEMENT

FIRST DIRECTIONS HEARING

TAKE NOTICE that a first directions hearing will be conducted on [to be inserted by the Court].

This directions hearing will be conducted by the allocated List Judge. The name of the Judge and the location of the courtroom will be published on the Court's website by 4.30 pm on the day before the first directions hearing.

At the first directions hearing the parties, if represented, will be expected to appear by their legal practitioners. They should be ready to explain briefly, if requested, the nature of the dispute and the substantial questions in controversy, and to assist the Court to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute in accordance with the Civil Procedure Act 2010.

If this originating process is a deemed writ, the Rules as to filing a defence apply regardless of the date of the first directions hearing.

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SERVICE

THIS ORIGINATING PROCESS is to be served within one year from the date it is filed or within such further period as the Court orders.

TRIAL ESTIMATE

[Estimate the length of trial e.g. 6 to 8 trial days]

CIVIL PROCEDURE ACT CERTIFICATIONS

*OVERARCHING OBLIGATIONS CERTIFICATION

Rule 4.09

In accordance with section 41 of the Civil Procedure Act 2010, I [name of party] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.

Date: [insert date of certification]

Signed

[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

*CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION

Rule 4.09.1

In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.

Date: [insert date of certification]

Signed

[To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

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PROPER BASIS CERTIFICATION

Rule 4.10

In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or, if not legally represented, name of party] certify to the Court that, on the factual and legal material available to me at present:

*[if this originating process is a deemed writ in a civil proceeding which involves allegations of fact:] each allegation of fact in this document has a proper basis.

*[if this originating process is a deemed originating motion in a civil proceeding seeking a particular relief or remedy:]

*(a) each claim in this document has a proper basis;

*(b) each question posed to the Court in this document has a proper basis;

Date: [insert date of certification]

Signed

[To be signed by the legal practitioner or if party not legally represented, personally by the party. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

SCHEDULE 1

SCHEDULE OF PARTIES

[if applicable]

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SCHEDULE 2

FILING AN APPEARANCE IN REDCREST

RedCrest

All documents filed in this proceeding must be filed in RedCrest unless the Court has otherwise ordered in a particular case or unless documents cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest.

These Instructions

The Notice of Appearance is an important document. These instructions set out the basic steps for filing a Notice of Appearance in RedCrest.

Self-represented persons—Filing a Notice of Appearance

A self-represented person who is served with an Originating Process—RedCrest and who wishes to contest the claim must—

1. Complete the Notice of Appearance—RedCrest (Form 8AB); and

2. Within the time stated in the Originating Process—RedCrest, deliver the Notice of Appearance to the Supreme Court Registry.

Assistance will be given by Registry staff to ensure that the Notice of Appearance is correctly completed. Registry staff will then file the Notice of Appearance into the electronic file for the proceeding. There will also be an instruction manual available at Registry for all users.

Persons Represented by a Solicitor—Filing a Notice of Appearance

A solicitor who is required to file a Notice of Appearance on behalf of a client must follow the steps below. These are described in more detail in the online instruction manual available on the RedCrest public homepage www.redcrest.com.au.

1. If you do not have a username and password for RedCrest, complete and submit the application form available on the RedCrest public homepage at: www.redcrest.com.au ("Username and Password Applications"), and await processing and email advice for the assigned username and password. This should be provided usually within 24 hours (weekdays).

2. Assign your practitioner particulars to this case in accordance with the instruction manual.

3. Complete the Notice of Appearance—RedCrest (Form 8AB) using the online form available from the RedCrest public homepage.

4. File the Notice of Appearance—RedCrest in the case page file for the matter in the manner described in the online instruction manual.

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5. If, by virtue of an order of the Court you are not required to file the Notice of Appearance—RedCrest in RedCrest or the Notice of Appearance cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest, then you must file a Notice of Appearance—RedCrest (Form 8AB) in paper form or such other form or manner as the Prothonotary may allow at the Supreme Court Registry.

6. For further filings, follow the online instruction manual for the operation of RedCrest available on the RedCrest public homepage www.redcrest.com.au.

Any Questions?

If you have any questions, please call the RedCrest Help Desk or contact the Supreme Court Registry.

RedCrest Help Desk Contact Details: See RedCrest public homepage.

Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone number] Hours. 9:30 am to 4:00 pm each business day.

*complete or delete as appropriate.__________________'.

21 New Forms 8AB and 8AC

After Form 8A of the Principal Rules insert—

"FORM 8AB

Rule 8.05(1.1)

NOTICE OF APPEARANCE—REDCREST

[heading as in originating process]

FILE an appearance for [full name of defendant] the abovenamed defendant.

[name of person or firm filing appearance]

Date:

The address of the defendant is

[insert address].Email address is:

Contact telephone number is:

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*[Where the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].Email address is:

Contact telephone number is:

*[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].Email address is:

Contact telephone number is:

*[Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria] The address of the defendant within Victoria for service is [insert address].Email address is:

Contact telephone number is:

*[Where neither of those Acts applies and the defendant appears by a solicitor]

The name or firm and the business address within Victoria of the case manager solicitor for the defendant is:

Name of the case manager solicitor within the firm is:

Individual email address of the case manager solicitor within the firm is:

Contact telephone number of the case manager solicitor is:

*[Where neither of those Acts applies and the solicitor is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].*complete or delete as appropriate.

__________________

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FORM 8AC

Rule 8.08(2)

NOTICE OF CONDITIONAL APPEARANCE—REDCREST

[heading as in originating process]

FILE a conditional appearance for [full name of defendant] the abovenamed defendant.

[name of person or firm filing appearance]

Date:

The address of the defendant is

[insert address].Email address is:

Contact telephone number is:

*[Where the Service and Execution of Process Act 1992 of the Commonwealth applies] The address for service of the defendant within Australia is [insert address].Email address is:

Contact telephone number is:

*[Where the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies] The address for service of the defendant in Australia or New Zealand is [insert address].Email address is:

Contact telephone number is:

*[Where neither of those Acts applies and the defendant appears in person and the address of the defendant is outside Victoria] The address of the defendant within Victoria for service is [insert address].Email address is:

Contact telephone number is:

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*[Where neither of those Acts applies and the defendant appears by a solicitor]

The name or firm and the business address within Victoria of the case manager solicitor for the defendant is:

Name of the case manager solicitor within the firm is:

Individual email address of the case manager solicitor within the firm is:

Contact telephone number of the case manager solicitor is:

*[Where neither of those Acts applies and the solicitor is an agent of another] The name or firm and business address of the principal is [insert name or firm and business address].*complete or delete as appropriate.

__________________".

22 New Form 11C

After Form 11B of the Principal Rules insert—

'FORM 11C

Rule 11.02(2)

THIRD PARTY NOTICE—REDCREST

IN THE SUPREME COURT OF VICTORIA

AT

COMMERCIAL COURT

LIST: [insert List as appropriate, e.g. Commercial ListTEC List or Intellectual Property List]

S ECI No. [to be inserted by the Court]

BETWEEN

A.B.Plaintiff

and

C.D.Defendant

and

E.F. Third Party

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Date of document:

Filed on behalf of: the defendant

Prepared by [name or firm of solicitor and name of case manager]:

Tel:

Email:

Address:

Solicitor's Code:

Date of filing: [to be inserted by the Court]

TO E.F.:

TAKE NOTICE that the plaintiff has brought this proceeding against the defendant for the claim set out in the Originating Process—RedCrest served herewith.

AND TAKE NOTICE that the defendant disputes the plaintiff's claim on the grounds set out in the defendant's defence served herewith, and claims to be entitled to relief against you on the grounds set out in the statement of claim endorsed on this notice.

This third party notice has been filed electronically in the Court's Case Management System known as RedCrest.

IF YOU INTEND TO DISPUTE the plaintiff's claim against the defendant, or the defendant's claim against you, YOU MUST GIVE NOTICE of your intention by filing an appearance in the manner and within the proper time for appearance stated below.

YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed in accordance with the procedures and requirements set out in Schedule 2 to this third party notice.

IF YOU FAIL to file an appearance in the proper manner and within the proper time you will be taken to admit the validity of any judgment against the defendant and your own liability to the defendant to the extent claimed in the statement of claim indorsed on this notice, and the defendant may OBTAIN JUDGMENT AGAINST YOU without further notice.

**THE PROPER TIME TO FILE AN APPEARANCE is as follows—

(a) where you are served with the originating process in Victoria, within 10 days after service;

(b) where you are served with the originating process out of Victoria and in another part of Australia, within 21 days after service;

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(c) where you are served with the originating process in Papua New Guinea, within 28 days after service;

(d) where you are served with the originating process in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e) in any other case, within 42 days after service of the originating process.**[Strike out this paragraph where an order has been made fixing the time for appearance and substitute "THE PROPER TIME TO FILE AN APPEARANCE is within days after service on you of this originating process."]

STATEMENT OF CLAIM

[Set out in separate, consecutively numbered paragraphs all of the material facts relied upon for the claim against the third party and state precisely the relief claimed.]

1 *This notice was filed—

(a) by the defendant in person;

(b) for the defendant by [name or firm of solicitor], solicitor, of [business address of solicitor];

(c) for the defendant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].

2 The address of the defendant is

3 The address for service of the defendant is

4 The address of the third party is

CIVIL PROCEDURE ACT CERTIFICATIONS

*OVERARCHING OBLIGATIONS CERTIFICATION

Rule 4.09

In accordance with section 41 of the Civil Procedure Act 2010, I [name of party] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.

Date: [insert date of certification]

Signed s/

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[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

*CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION

Rule 4.09.1

In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification.

Date: [insert date of certification]

Signed

[To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court. The electronic version is to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

PROPER BASIS CERTIFICATION

Rule 4.10

In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, on the factual and legal material available to me at present:

[if this third party notice is in a civil proceeding which involves allegations of fact:]

*(a) each allegation of fact in this document has a proper basis;

*(b) each denial in this document has a proper basis;

*(c) there is a proper basis for each non-admission in this document.

Date: [insert date of certification]

Signed

[To be signed by the legal practitioner or if party not legally represented, personally by the party. The electronic version to be signed in accordance with the RedCrest protocol for signatures e.g. /s/ Jane Doe or s/ John Doe].

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SCHEDULE 1

SCHEDULE OF PARTIES

[if applicable]

SCHEDULE 2

FILING AN APPEARANCE IN REDCREST

RedCrest

All documents filed in this proceeding must be filed in RedCrest unless the Court has otherwise ordered in a particular case or unless documents cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest.

These Instructions

The Notice of Appearance is an important document. These instructions set out the basic steps for filing a Notice of Appearance in RedCrest.

Self-represented persons—Filing a Notice of Appearance

A self-represented person who is served with a Third Party Notice—RedCrest and who wishes to contest the claim must—

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1. Complete the Notice of Appearance—RedCrest (Form 8AB); and

2. Within the time stated in the Third Party Notice—RedCrest, deliver the Notice of Appearance to the Supreme Court Registry.

Assistance will be given by Registry staff to ensure that the Notice of Appearance is correctly completed. Registry staff will then file the Notice of Appearance into the electronic file for the proceeding. There will also be an instruction manual available at Registry for all users.

Persons Represented by a Solicitor—Filing a Notice of Appearance

A solicitor who is required to file a Notice of Appearance—RedCrest on behalf of a client must follow the steps below. These are described in more detail in the online instruction manual available on the RedCrest public homepage www.redcrest.com.au.

1. If you do not have a username and password for RedCrest, complete and submit the application form available on the RedCrest public homepage at: www.redcrest.com.au ("Username and Password Applications") and await processing and email advice for the assigned username and password. This should be provided usually within 24 hours (weekdays).

2. Assign your practitioner particulars to this case in accordance with the instruction manual.

3. Complete the Notice of Appearance—RedCrest (Form 8AB) using the online form available from the RedCrest public homepage.

4. File the Notice of Appearance in the case page file for the matter in the manner described in the online instruction manual.

5. If, by virtue of an order of the Court you are not required to file the Notice of Appearance in RedCrest or the Notice of Appearance cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest, then you must file a Notice of Appearance—RedCrest (Form 8AB) in paper form or such other form or manner as the Prothonotary may allow at the Supreme Court Registry.

6. For further filings, follow the online instruction manual for the operation of RedCrest available on the RedCrest public homepage www.redcrest.com.au.

Any Questions?

If you have any questions, please call the RedCrest Help Desk or contact the Supreme Court Registry.

RedCrest Help Desk Contact Details: See RedCrest public homepage.

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Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone number], Hours. 9:30 am to 4:00 pm each business day.

*complete or delete as appropriate.__________________'.

__________________

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PART 3—AMENDMENT OF CHAPTER V

23 Definitions for these Rules

(1) In Rule 1.5 of the Supreme Court (Corporations) Rules 20132 insert the following definitions—

'Corporations List Judge means a Judge of the Court nominated by the Chief Justice as a Corporations List Judge;

RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time;

RedCrest Corporations List means the list of proceedings under these Rules, compiled by the Prothonotary, which are to be managed by a Corporations List Judge;'.

(2) In Rule 1.5 of the Supreme Court (Corporations) Rules 2013, in the definition of originating process, after "Form 2" insert "or Form 2A".

24 New Rule 2.1.1

After Rule 2.1 of the Supreme Court (Corporations) Rules 2013 insert—

'2.1.1 RedCrest Corporations List

(1) Except where the proceeding is a proceeding, matter or application which in the first instance may or must be dealt with by an Associate Judge pursuant to Rule 16.1(1) or Part 3 of Order 16, the plaintiff may, at the plaintiff's option, mark the originating process in the top left-hand corner with the words "RedCrest Corporations List" and, upon the filing of such originating process so marked, the proceeding is taken to be entered in the RedCrest Corporations List.

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(2) Any party to any proceeding under these Rules in which the originating process has not been so marked may apply to a Corporations List Judge for an order entering the proceeding in the RedCrest Corporations List.'.

25 Originating process and interlocutory process—Forms 2 and 3

(1) In the heading to Rule 2.2 of the Supreme Court (Corporations) Rules 2013, after "Forms 2" insert ", 2A".

(2) For Rule 2.2(3)(a) of the Supreme Court (Corporations) Rules 2013 substitute—

"(a) be in accordance with Form 2 or, if an originating process is sought or required to be filed electronically in RedCrest, in Form 2A; and".

26 Notice of appearance (section 465C of the Corporations Act)—Form 4

(1) In the heading to Rule 2.9 of the Supreme Court (Corporations) Rules 2013, for "Form 4" substitute "Forms 4 and 4A".

(2) For Rule 2.9(1)(a)(i) of the Supreme Court (Corporations) Rules 2013 substitute—

"(i) a notice of appearance in accordance with Form 4 or, if the originating process has been filed electronically in RedCrest, in Form 4A; and".

27 Application for recognition

In Rule 15A.3(1) of the Supreme Court (Corporations) Rules 2013, after "Form 2" insert "or, if an originating process is sought or required to be filed electronically in RedCrest, in Form 2A".

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28 New Form 2A

In Schedule 1 to the Supreme Court (Corporations) Rules 2013, after Form 2 insert—

'Rules 2.2 and 15A.3 FORM 2A

ORIGINATING PROCESS—REDCREST (CORPORATIONS)

[Title]

A. DETAILS OF APPLICATION

This application is made under *section/*regulation [number] of the *Corporations Act/*ASIC Act/*Cross-Border Insolvency Act/*Corporations Regulations.

[State briefly the nature of the proceeding, e.g. oppression proceeding or application by liquidator for directions.]

On the facts stated in the supporting affidavit(s), the plaintiff claims—

1.

2.

etc.

Application Hearing Time Estimate: [estimate the length of the hearing time e.g. 1 to 2 days]

Date:

...........................................................

Signature of plaintiff or plaintiff's legal practitioner. The electronic version is to be signed in accordance with the RedCrest protocol for signaturese.g. /s/ Jane Doe or s/ John Doe.

This application will be heard by a Corporations List Judge at 210 William Street Melbourne at am on [insert date].

B. NOTICE TO DEFENDANT(S)

TO: [name and address of each defendant (if any)]:

This originating process has been filed electronically in the Court's Case Management System known as RedCrest.

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If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen—

(a) the application may be heard and final relief given;

(b) directions may be given for the future conduct of the proceeding;

(c) any interlocutory application may be heard.

Before appearing before the Court, you must file a notice of appearance in the prescribed form and serve a copy of it on the plaintiff. The procedure for filing a notice of appearance is set out in Schedule 2 below.

Note: Except with the leave of the Court, a defendant that is a corporation cannot appear at a hearing otherwise than by a legal practitioner.

C. FILING

Date of filing: [to be inserted by the Court]

This originating process is filed by [name] for the plaintiff.

D. SERVICE

The plaintiff's address for service is [address of plaintiff's legal practitioner or of plaintiff].*[Where plaintiff appears in person]

Email address is:

Contact telephone number is:

*[Where plaintiff appears by a legal practitioner]

The name or firm and the business address within Victoria of the case manager legal practitioner for the plaintiff is:

Name of the case manager legal practitioner within the firm is:

Individual email address of the case manager legal practitioner within the firm is:

Contact telephone number of the case manager legal practitioner is:

*It is not intended to serve a copy of this originating process on any person.

OR

*It is intended to serve a copy of this originating process on each defendant and on any person listed below:

[name of defendant and any other person on whom a copy of the originating process is to be served]

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[Complete the following section if the time for service has been abridged]

The time by which a copy of this originating process is to be served has been abridged by order made by [name of Judge of the Court] on [date] to [time and date].

SCHEDULE 1

SCHEDULE OF PARTIES

[if applicable]

SCHEDULE 2

FILING AN APPEARANCE IN REDCREST

RedCrest

All documents to be filed in this proceeding must be filed in RedCrest unless the Court has otherwise ordered in a particular case or unless documents cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest.

These Instructions

The Notice of Appearance is an important document. These instructions set out the basic steps for filing a Notice of Appearance in RedCrest.

Self-represented persons—Filing a Notice of Appearance

A self-represented person who is served with an Originating Process—RedCrest and who wishes to contest the claim must—

1. Complete the Notice of Appearance—RedCrest (Corporations) (Form 4A); and

2. Within the time stated in the Originating Process—RedCrest (Corporations), deliver the Notice of Appearance to the Supreme Court Registry.

Assistance will be given by Registry staff to ensure that the Notice of Appearance is correctly completed. Registry staff will then file the Notice of Appearance into the electronic file for the proceeding. There will also be an instruction manual available at Registry for all users.

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Persons Represented by a Solicitor—Filing a Notice of Appearance

A solicitor who is required to file a Notice of Appearance on behalf of a client must follow the steps below. These are described in more detail in the online instruction manual available on the RedCrest public homepage www.redcrest.com.au.

1. If you do not have a username and password for RedCrest, complete and submit the application form available on the RedCrest public homepage at: www.redcrest.com.au ("Username and Password Applications"), and await processing and email advice for the assigned username and password. This will usually be provided within 24 hours (weekdays).

2. Assign your practitioner particulars to this case in accordance with the instruction manual.

3. Complete the Notice of Appearance—RedCrest (Corporations) (Form 4A) using the online form available from the RedCrest public homepage.

4. File the Notice of Appearance in the case page file for the matter in the manner described in the online instruction manual.

5. If, by virtue of an order of the Court you are not required to file the Notice of Appearance in RedCrest or the Notice of Appearance cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest, then you must file a Notice of Appearance—RedCrest (Corporations) (Form 4A) in paper form or such other form or manner as the Prothonotary may allow at the Supreme Court Registry.

6. For further filings, follow the online instruction manual for the operation of RedCrest available on the RedCrest public homepage www.redcrest.com.au.

Any Questions?

If you have any questions, please call the RedCrest Help Desk or contact the Supreme Court Registry.

RedCrest Help Desk Contact Details: See RedCrest public homepage.

Supreme Court Registry [insert address] Melbourne, Tel: [insert telephone number], Hours. 9:30 am to 4:00 pm each business day.

*complete or delete as appropriate.__________________'.

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29 New Form 4A

In Schedule 1 to the Supreme Court (Corporations) Rules 2013, after Form 4 insert—

"Rule 2.9 FORM 4A

NOTICE OF APPEARANCE—REDCREST (CORPORATIONS)

[Title]

A. DETAILS OF PERSON INTENDING TO APPEAR

Notice is given that [state full name and address], [briefly state your interest in the proceeding, e.g. a creditor for $ (amount), or a contributory, of the corporation] intends to appear before the Court at the hearing of the application to be heard at [name of Court and address] on [date] and, if applicable, to *oppose/*support the application.

Note: Except with the leave of the Court, a defendant that is a corporation cannot appear at a hearing otherwise than by a legal practitioner.

B. SERVICE

[This section must be completed]

The address for service of the person giving this notice is [address of person's legal practitioner or of person].*[Where the person giving this notice appears in person]

Email address is:

Contact telephone number is:

*[Where the person giving this notice appears by a legal practitioner]

The name or firm and the business address within Victoria of the case manager legal practitioner for the person is:

Name of the case manager legal practitioner within the firm is:

Individual email address of the case manager legal practitioner within the firm is:

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Contact telephone number of the case manager legal practitioner is:

...........................................................

Signature of person giving this notice or of person's legal practitioner. The electronic version is to be signed in accordance with the RedCrest protocol for signaturese.g. /s/ Jane Doe or s/ John Doe.

Date:

*Omit if not applicable.

__________________".

Dated: 29 May 2014

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

K. WILLIAMS, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

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KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.═══════════════

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ENDNOTES

Endnotes

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1 Rule 4: S.R. No. 148/2005. Reprint No. 5 as at 11 October 2013. Reprinted to S.R. No. 119/2013 and subsequently amended by S.R. Nos 146/2013, 147/2013 and 148/2013.

2 Rule 23: S.R. No. 112/2013.