Supreme Court (E-Filing and Other Amendments) Rules 2018FILE/18-058sr.docx · Web viewIn these Rules, the Supreme Court (General Civil Procedure) Rules 2015

Supreme Court (E-Filing and Other Amendments) Rules 2018

S.R. No. 58/2018

TABLE OF PROVISIONSRule Page

Part 1—Preliminary 1

1 Objects 12 Authorising provisions 13 Commencement 14 Principal Rules 1

Part 2—Amendment of Chapter I 2

5 Definitions 26 When writ required 27 When originating motion required 28 Form of originating process 29 Filing of originating process 210 How personal service effected 411 Affidavit of service 412 Mode of filing appearance 413 Conditional appearance 414 Rule 11.02 substituted 415 Form of document 416 Heading to Part 1 of Order 28 revoked 517 Rule 28.00 substituted 518 Part 2 of Order 28 revoked 519 Order 28A substituted 520 Material for Court 921 Issuing of subpoena 922 Filing 923 When authentication required 924 Mode of authentication 925 Form 5E amended 1026 Revocation of Forms 10

Part 3—Consequential amendment of other Chapters 11

Division 1—Chapter II 11

27 Definitions 1128 Definitions—Order 2 1129 Entry into a Commercial List 12

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30 Entry into TEC List 12

Division 2—Chapter V 13

31 Definitions for these Rules 1332 Rule 2.1.1 revoked 1333 Originating process and interlocutory process—Forms 2, 2A

and 3 1334 Notice of appearance (s. 465C of the Corporations Act)—

Forms 4 and 4A 1435 Application for recognition 1436 Forms 2A and 4A revoked 14

Division 3—Chapter VII 14

37 Definitions 1438 Entry into the List 1439 Removal from the List 15

Division 4—Chapter VIII 15

40 Definitions 1541 Entry into Intellectual Property List 15

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Endnotes 17

STATUTORY RULES 2018

S.R. No. 58/2018

Supreme Court Act 1986

Supreme Court (E-Filing and Other Amendments) Rules 2018

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary1 Objects

The objects of these Rules are—

(a) to amend Chapter I of the Rules of the Supreme Court to make further provision in relation to electronic filing in the Court;

(b) to consequentially amend other Chapters of the Rules; and

(c) to make a minor amendment to Form 5E.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3 Commencement

These Rules come into operation on 2 July 2018.

4 Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 20151 are called the Principal Rules.

1

Part 2—Amendment of Chapter I5 Definitions

In Rule 1.13(1) of the Principal Rules, for the definition of RedCrest, substitute—

"RedCrest means the electronic filing system in operation in the Court from time to time;".

6 When writ required

Rule 4.04(2) of the Principal Rules is revoked.

7 When originating motion required


8 Form of originating process

(1) Rule 5.02(3) of the Principal Rules is revoked.

(2) Form 5F of the Principal Rules is revoked.

9 Filing of originating process

(1) In Rule 5.11(1.1) of the Principal Rules—

(a) paragraph (b) is revoked;

(b) in paragraph (c), for "28A.04" substitute "28A.03".

(2) For Rule 5.11(2) of the Principal Rules substitute—

"(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.".

(3) In Rule 5.11(3) of the Principal Rules, for "Subject to Rule 28.12, upon" substitute "Upon".

Supreme Court (E-Filing and Other Amendments) Rules 2018S.R. No. 58/2018

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"(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.".


"(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


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be taken to have been sealed and filed.".

10 How personal service effected


"(2) Subject to paragraph (2.1), in the case of originating process, the copy for service shall be sealed in accordance with Rule 5.11.".

(2) In Rule 6.03(2.1) of the Principal Rules, for "Rule 28A.07" substitute "that Order".

11 Affidavit of service


12 Mode of filing appearance

Rule 8.05(1.1) of the Principal Rules is revoked.

13 Conditional appearance

For Rule 8.08(2) of the Principal Rules substitute—

"(2) A notice of conditional appearance shall be in Form 8B.".

14 Rule 11.02 substituted

For Rule 11.02 of the Principal Rules substitute—

"11.02 Statement of claim on third party notice

A third party notice shall be—

(a) in Form 11A; and

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

15 Form of document


4

After Rule 27.03(13) of the Principal Rules insert—

"(13.1) A pdf document to be filed in the Court—

(a) shall be fully text searchable; and

(b) shall have page numbers that correspond with the display page numbers of the pdf viewer.".

16 Heading to Part 1 of Order 28 revoked

The heading to Part 1 of Order 28 is revoked.

17 Rule 28.00 substituted

For Rule 28.00 of the Principal Rules substitute—

"28.00 Application of this Order

Rules 28.01, 28.02 and 28.03 do not apply to a document filed, or required to be filed, under Order 28A.".

18 Part 2 of Order 28 revoked

Part 2 of Order 28 of the Principal Rules is revoked.

19 Order 28A substituted

For Order 28A of the Principal Rules substitute—

"Order 28A—Electronic filing in RedCrest

28A.01 Application of this Order

(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.


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(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).

28A.02 Definitions

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.

28A.03 How document is filed

(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.


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(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.

28A.04 Powers of Prothonotary

(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.


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(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).

28A.05 Authentication of judgments and orders


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A judgment or an order is authenticated when it is authenticated in accordance with Order 60.

28A.06 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.".

20 Material for Court

(1) In Rule 33.10 of the Principal Rules—

(a) in paragraph (2), for "deliver" substitute "file";

(b) after "the Court" insert "not less than two days before the day fixed for trial".

(2) Rule 33.10(3) of the Principal Rules is revoked.

21 Issuing of subpoena

After Rule 42.02(4) of the Principal Rules insert—

"(5) In any proceeding to which Order 28A applies, the Prothonotary may issue in RedCrest a subpoena which has been submitted by a party.".

22 Filing


23 When authentication required

In Rule 60.01 of the Principal Rules, for "28A.11" (where twice occurring) substitute "28A.05".

24 Mode of authentication


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In Rule 60.02(1) of the Principal Rules, for "28A.11" substitute "28A.05".

25 Form 5E amended

In Form 5E of the Principal Rules, for "refer to a Judge of the Court for hearing forthwith" substitute "hear".

26 Revocation of Forms

Forms 8AB, 8AC, 11C and 28A of the Principal Rules are revoked.


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Part 3—Consequential amendment of other Chapters

Division 1—Chapter II27 Definitions

In Rule 1.05.1 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 20082, for the definition of RedCrest substitute—

"RedCrest means the electronic filing system in operation in the Court from time to time.".

28 Definitions—Order 2

At the end of Rule 2.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert—

"(2) The Commercial Court comprises the following—

(a) a Commercial List to which Order 2 of this Chapter applies, including, for the avoidance of doubt, the List known as the Insurance List;

(b) the TEC List to which Order 3 of this Chapter applies;

(c) the List known as the Taxation List (which, for the avoidance of doubt, is a List which may include, but is not limited to, proceedings to which Order 7 of this Chapter applies);

(d) the List known as the Arbitration List (which, for the avoidance of doubt, is a List which may include, but is not limited to, proceedings to which Order 9 applies);


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(e) the Corporations List to which Chapter V applies;

(f) the Admiralty List to which Chapter VII applies;

(g) the Intellectual Property List to which Chapter VIII applies;

(h) any other list in the Commercial Court managed by a Judge of the Court;

(i) any other commercial proceeding, including those which may be dealt with by an Associate Judge or by a judicial registrar pursuant to any Act or the Rules and any practice note issued by the Court from time to time.".

29 Entry into a Commercial List

For the notes at the foot of Rule 2.03(1) and (2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—"Note

See Order 28A of Chapter I.".

30 Entry into TEC List

For the notes at the foot of Rule 3.03(1) and (3) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—"Note



12

Division 2—Chapter V31 Definitions for these Rules

In Rule 1.5 of the Supreme Court (Corporations) Rules 20133—

(a) for the definition of RedCrest substitute—

"RedCrest means the electronic filing system in operation in the Court from time to time;";

(b) the definition of RedCrest Corporations List is revoked.

32 Rule 2.1.1 revoked

Rule 2.1.1 of the Supreme Court (Corporations) Rules 2013 is revoked.

33 Originating process and interlocutory process—Forms 2, 2A and 3

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

(2) In Rule 2.2(3) of the Supreme Court (Corporations) Rules 2013—

(a) for paragraph (a) substitute—

"(a) be in accordance with Form 2; and";

(b) in paragraph (b)(i), after "Regulations," insert "or each provision of the Insolvency Practice Schedule (Corporations)".

(3) In Rule 2.2(4)(b)(i) of the Supreme Court (Corporations) Rules 2013, after "Regulations," insert "or each provision of the Insolvency Practice Schedule (Corporations)".


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34 Notice of appearance (s. 465C of the Corporations Act)—Forms 4 and 4A

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

(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; and".

35 Application for recognition

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

36 Forms 2A and 4A revoked

Forms 2A and 4A of the Supreme Court (Corporations) Rules 2013 are revoked.

Division 3—Chapter VII37 Definitions

In Rule 1.06 of the Supreme Court Admiralty Rules 20104, for the definition of RedCrest substitute—


38 Entry into the List

For the notes at the foot of Rule 3.02(1), (2) and (3) of the Supreme Court Admiralty Rules 2010 substitute—"Note



14

39 Removal from the List

In the note at the foot of Rule 3.03 of the Supreme Court Admiralty Rules 2010, for "(1)" substitute "(3)".

Division 4—Chapter VIII40 Definitions

In Rule 1.06(1) of the Supreme Court (Intellectual Property) Rules 20165, for the definition of RedCrest substitute—


41 Entry into Intellectual Property List

For the notes at the foot of Rule 2.02(1) and (3) of the Supreme Court (Intellectual Property) Rules 2016 substitute—"Note


Dated: 17 May 2018

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

STEPHEN KAYE, J.A.

S. G. E. McLEISH, J.A.

KIM HARGRAVE, J.A.

KEVIN H. BELL, J.


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ANTHONY CAVANOUGH, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

J. R. CHAMPION, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

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Endnotes

Endnotes


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1 Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017 and subsequently amended by S.R. Nos 32/2018 and 33/2018.

2 Rule 27: S.R. No. 94/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 209/2014 and subsequently amended by S.R. Nos 142/2015, 14/2016, 15/2017, 97/2017 and 32/2018.

3 Rule 31: S.R. No. 112/2013 as amended by S.R. Nos 48/2014, 10/2015, 30/2015, 40/2015, 140/2016 and 15/2017.4 Rule 37: S.R. No. 24/2010 as amended by S.R. Nos 15/2017 and 127/2017.5 Rule 40: S.R. No. 107/2016 as amended by S.R. No. 15/2017.

Documents

Supreme Court (E-Filing and Other Amendments) Rules 2018FILE/18-058sr.docx · Web viewIn these Rules, the Supreme Court (General Civil Procedure) Rules 2015