You are here:

Practice Notes

Practice Notes provide information about particular aspects of the Court's practice, procedure and organisation. They sit alongside the Rules of Court to provide guidance in relation to the conduct of proceedings. Lawyers with the conduct of proceedings are expected to be familiar with their content and act in accordance with that guidance unless directed otherwise.

From 30 January 2017 the Court introduces a new system of publishing and organising its Practice Notes to make them easier to locate and navigate and ensure the information provided is up to date.

Each Practice Note is designated with the letter "SC" followed by an abbreviation denoting the Division of the Court to which it applies or the General designation followed by a number.

SC CA Court of Appeal
SC CC Commercial Court
SC CL Common Law Division
SC CR Criminal Division
SC GEN General


Where changes are made to a Practice Note, it will retain its designation. The body of the Practice Note will contain its new operative date and a history of amendments and a copy of the superseded version will be retained in the Practice Notes Archive.

SC CA - Court of Appeal
Number Title Summary Operative Date
SC CA 1 Criminal Appeals The purpose of this Practice Note is to set out the practice to be followed in the Court of Appeal in dealing with applications for leave to appeal against conviction or sentence. 30/1/2017
SC CA 2 Interlocutory Criminal Applications The purpose of this Practice Note is to outline the procedure to be followed in relation to interlocutory appeals and the reservation of questions of law pursuant to Divisions 4 and 5 of Part 6.3 of the Criminal Procedure Act 2009. An interlocutory appeal may only be commenced in relation to an interlocutory decision. 30/1/2017
SC CA 3 Civil Appeals The purpose of this Practice Note is to set out the practice to be followed in the Court of Appeal in civil applications (including applications for leave to appeal or cross-appeal, appeals and cross-appeals as of right, and other applications and notices permitted under the Rules). 30/1/2017

 

SC CC - Commercial Court
Number Title Summary Operative Date
SC CC 1 Commercial Court The purpose of this Practice Note is to describe and provide guidance on the procedures to be followed by practitioners and parties conducting litigation in the Commercial Court. 30/1/2017
SC CC 2 TEC List Security for Payments The purpose of this Practice Note is to describe the procedure to be followed in respect of applications to enter judgments and issue debt certificates pursuant to the Building and Construction Industry Security of Payment Act 2002 (Vic). 30/1/2017
SC CC 3 Commercial Arbitration Business The purpose of this Practice Note is to describe and provide guidance on the procedures to be followed in the Arbitration List. 30/1/2017
SC CC 4 Admiralty The purpose of this Practice Note is to describe the procedures to be followed in the Admiralty List. 30/1/2017
SC CC 5 RedCrest The purpose of this Practice Note is to outline the conduct of proceedings initiated on RedCrest, the electronic lodgement, court file and case administration system currently used in the Commercial Court. 18/4/2017
SC CC 6 Cross-border Insolvency The purpose of this Practice Note is to describe the procedures to be followed for proceedings regarding cross-border insolvency and cooperation with foreign courts or foreign representatives. 30/1/2017
SC CC 7 Imposition of fees The purpose of this Practice Note is to confirm and clarify the circumstances in which an ‘Entry to List fee’ is payable in the Commercial Court. 30/1/2017
SC CC 8 Oppressive conduct in the affairs of a company The purpose of this Practice Note is to describe the procedures to be followed for applications made pursuant to s 233 of the Corporations Act 2001 (Cth). 30/1/2017

 

SC CL - Common Law Division
Number Title Summary Operative Date
SC CL 1 Civil Circuit List The purpose of this Practice Note is to describe the procedures to be followed in the Civil Circuit List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 2 Dust Diseases List The purpose of this Practice Note is to describe the procedure to be followed in the Dust Diseases List. 30/1/2017
SC CL 3 Personal Injuries List The purpose of this Practice Note is to provide guidance on the procedures to be followed in the Personal Injuries List, a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 4 Major Torts List The purpose of this Practice Note is to describe the procedures to be followed in the Major Torts List. The List is a case management list within the Common Law Division of the Court. The List is designed to facilitate and expedite the passage of significant tortious claims to trial. 30/1/2017
SC CL 5 Professional Liability List The purpose of this Practice Note is to describe the procedures to be followed in the Professional Liability List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 6 Trusts Equity and Probate List The purpose of this Practice Note is to describe the procedures to be followed in the Trusts, Equity and Probate List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 7 Testators Family Maintenance List The purpose of this Practice Note is to describe the procedures to be followed in the Testators Family Maintenance List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 8 Valuation Compensation and Planning List The purpose of this Practice Note is to describe the procedures to be followed in the Valuation, Compensation and Planning List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 9 Judicial Review and Appeals List The purpose of this Practice Note is to describe the procedures to be followed in the Judicial Review and Appeals List. The List is a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 10 Practice Court The purpose of this Practice Note is to provide guidance on the operation of the Practice Court (Common Law). The Practice Court (Common Law) hears certain applications in proceedings in, or which would be appropriate to be brought in, the Common Law Division. Practice Note SC Gen 2 “Structure of the Trial Division” as well as Practice Notes regarding specialist lists in the Common Law Division provide guidance on the scope of the Common Law Division’s jurisdiction. 30/1/2017
SC CL 11 Employment and Industrial List The purpose of this Practice Note is to provide guidance on the operation of the Employment and Industrial List, a case management list within the Common Law Division of the Court. The purpose of the List is to provide for the just and efficient determination of eligible proceedings, through early identification of the substantial questions in controversy and flexible adoption of appropriate procedures. The List is managed by the Judge in Charge, assisted by an Associate Judge. 30/1/2017
SC CL 12 Confiscation and Proceeds of Crime List The purpose of this Practice Note is to provide guidance on the operation of the Confiscation and Proceeds of Crime List, a case management list within the Common Law Division of the Court. 30/1/2017
SC CL 13 Property List The purpose of this Practice Note is to provide guidance on the operation of the Property List, a case management list within the Common Law Division of the Court. 30/1/2017

 

SC CR - Criminal Division
Number Title Summary Operative Date
SC CR 1 Case Management The purpose of this Practice Note is to describe the case management for criminal trials in the Supreme Court. 30/1/2017
SC CR 2 Bail The purpose of this Practice Note is to centralise the administrative management of applications and appeals with respect to bail in the Registry and to specify the standard requirements necessary for the efficient processing of all such applications and appeals. 30/1/2017
SC CR 3 Expert Evidence in Criminal Trials This Practice Note was developed by the Forensic Evidence Working Group, comprising Judges, forensic scientists and legal practitioners (including representative of the Office of Public Prosecutions, Victoria Legal Aid and the Criminal Bar Association). The Note was approved by the Judges of the Supreme Court and of the County Court, for introduction on a trial basis from 1 July 2014. This is a reissue of the Note. The content is unchanged. The Note should be read together with s 189 of the Criminal Procedure Act 2009. 30/1/2017
SC CR 4 Sentencing The purpose of this Practice Note is to describe the procedures to be followed in sentencing hearings. This, revised, version takes effect from 1 July 2017. The previous version, which applies until 30 June 2017, can be viewed here. 1/7/2017
SC CR 5 Crimes Mental Impairment The purpose of this Practice Note is to describe the procedures to be followed in applications and reviews heard under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. Applications and reviews under the CMIA are matters heard in the Common Law Division. 30/1/2017
SC CR 6 Applications in the Criminal Division The purpose of this Practice Note is to describe the procedures to be followed in relation to applications listed in paragraph 4.1 of this Note, or of a similar nature, or are related to an application listed in paragraph 4.1. 30/1/2017
SC CR 7 Expert reports on mental functioning of offenders This Practice Note was issued on 30 March 2017 and will apply to sentencing hearings in the Supreme Court and the County Court commenced on or after 1 July 2017, but only to expert evidence which addresses questions of the mental functioning of an offender. 1/7/2017

 

SC Gen - General
Number Title Summary Operative Date
SC GEN 1 Practice Notes and Notices to the Profession The purpose of this Practice Note is to explain the Court’s processes with respect to the issue of Practice Notes and Notices to the Profession. 30/1/2017
SC GEN 2 Structure of the Trial Division The purpose of this Practice Note is to set out the divisional structure of the Trial Division of the Court, the specialist Lists within the Trial Division and the allocation of matters within that structure. 30/1/2017
SC GEN 3 Authorities and Legislation The purpose of this Practice Note is to set out the requirements in relation to the citation of authorities and legislation and the provision of those to the Court and other parties. 30/1/2017
SC GEN 4 Protocol The purpose of this Practice Note is to set out matters of protocol in relation to proceedings in the Supreme Court. 30/1/2017
SC GEN 5 Guidelines for the Use of Technology The purpose of this Practice Note is to promote the effective use of technology in the conduct of civil litigation to reduce time and costs. This Practice Note sets out the Court’s expectations in relation to the use of technology, the facilities which the Court is able to provide, and protocols which may be employed. Specific guidance regarding the use of technology in a particular List or Division of the Court may be found in other Practice Notes. 30/1/2017
SC GEN 6 Judicial Mediation Guidelines The purpose of this Practice Note is to set out the guidelines for the referral of civil proceedings to judicial mediation and the procedures for the conduct of judicial mediations. 30/1/2017
SC GEN 7 Transcript The purpose of this Practice Note is to set out the requirement for transcript in civil proceedings in the Trial Division. 30/1/2017
SC GEN 8 Appeals from Associate Judges The purpose of this Practice Note is to set out procedures in relation to appeals from Associates Judges. 30/1/2017
SC GEN 9 Open Courts Act The purpose of this Practice Note is to set out the procedures regarding notifications under the Open Courts Act 2013. 30/1/2017
SC GEN 10 Group Proceedings The purpose of this Practice Note is to provide guidance on the management and conduct of group proceedings (class actions) managed within the Supreme Court of Victoria in the Common Law Division and the Commercial Court. The procedures for the management of group proceedings are generally the same in each Division. Where different procedures apply, they are clearly stipulated in this Practice Note. 30/1/2017
SC GEN 11 Costs Court The purpose of this Practice Note is to set out the practice in relation to various matters in the Costs Court. This revised version takes effect from 1 July 2017. The previous version, which applies through 30 June 2017, can be viewed here. 1/7/2017
SC GEN 12 Consent Orders The purpose of this Practice Note is to set out the administrative procedure for the filing of consent orders with the Court. 30/1/2017
SC GEN 13 Examinations De Bene Esse The purpose of this Practice Note is to set out the fees chargeable by examiners for the conduct of examinations de bene esse. 1/06/2017
SC GEN 14 Notification of Matters under the Charter of Human Rights and Responsibilities Act The purpose of this Practice Note is to set out practices and expectations of parties in relation to notices to be provided under s 35 of the Charter. 30/1/2017
SC GEN 15 Enforcement of Foreign Judgments The purpose of this Practice Note is to set out the procedure for bringing an application before the Supreme Court to enforce a foreign judgment under common law principles. Some guidance is also provided as to the conditions that must be satisfied to enforce a foreign judgment, although that is not meant to be exhaustive. The application of these conditions or any other conditions with respect to any application will depend upon the circumstances of that case. 30/1/2017
SC GEN 16 Search Orders This Practice Note supplements Order 37B of the Supreme Court (General Civil Procedure) Rules 2015 relating to search orders (also known as Anton Piller orders after Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55). Order 37B has been made as part of an endeavour to harmonise Court Rules and orders in such applications across the Supreme Courts of all other States and Territories and the Federal Court. This Practice Note addresses (among other things) the Court’s usual practice relating to the making of a search order and the usual terms of such an order. While a standard practice has benefits, this Practice Note and the example form of order contained in Form 37AB cannot limit the judicial discretion to make such an order as is appropriate in the circumstances of the particular case. 30/1/2017
SC GEN 17 Freezing Orders This Practice Note supplements Order 37A of the Supreme Court (General Civil Procedure) Rules 2015 relating to freezing orders (also known as ‘Mareva orders’ after Mareva Compania Naviera SA v International Bulkcarriers SA (The Mareva) [1975] 2 Lloyd’s Rep 509, or ‘asset preservation orders’). Order 37A has been made as part of an endeavour to harmonise Court Rules and orders in such applications across the Supreme Courts of all other States and Territories and the Federal Court. This Practice Note addresses (among other things) the Court’s usual practice relating to the making of a freezing order and the usual terms of such an order. While a standard practice has benefits, this Practice Note and the example form of order contained in Form 37AA cannot limit the judicial discretion to make such an order as is appropriate in the circumstances of the particular case. 30/1/2017
SC GEN 18 Conditional Admissions The purpose of this Practice Note is to describe the procedures to be followed in relation to applications for admission where the Victorian Legal Admissions Board has recommended in the compliance certificate in respect of a foreign lawyer that the foreign lawyer be admitted subject to conditions under s 20 of the Uniform Law. 30/1/2017
Protocol Principles for Managing Children in the Custody of the Court This protocol applies to matters heard by the Supreme Court of Victoria involving a child accused who appears in the criminal trial division or a child applicant or respondent who appears in the criminal appeal division. 19/5/2017

Notices to the profession

Notices to the Profession provide information to practitioners about matters of a more temporal nature such as advising which judges are responsible for which specialist lists for the year; reminders to the profession about certain rules and practices if it appears there is confusion or non-compliance and notices from the Prothonotary or a Registrar about a matter of registry practice.

2017
Title Summary Date of Publication
Service by email The Supreme Court (Chapter I Email Service Amendment) Rules 2017 SR No 32/2017 will come into effect from 1 August 2017. The amending Rules can be accessed here. The amendments require parties in civil matters to include an email address for service in documents filed with the Court and provide that ordinary service may be effected by email to that address. 31 May 2017
Pilot streaming of proceedings From 1 June 2017 the Court of Appeal will commence a six month pilot of making audio-visual recordings of its criminal hearings publicly available through the Supreme Court of Victoria’s YouTube channel. Some types of hearings will be excluded from the pilot. 24 April 2017
Applications for extension of time under rule 64.08 of the Supreme Court (General Civil Procedure) Rules 2015 This Notice advises practitioners that, for a trial period, applications to the Court of Appeal for extensions of 14 days or less under rule 64.08 of the Supreme Court (General Civil Procedure) Rules 2015 will be automatically granted. The trial period commences on 1 May 2017 and will run for 12 months. 24 April 2017
Double sided printing of Court Books and Books of Authorities This Notice sets out the practice to be followed in the Supreme Court of Victoria (including the Court of Appeal) in respect of the form in which court books and books of authorities are to be printed. It applies on of after 30 January 2017 unless in the particular proceeding the Court orders otherwise. 9 March 2017
Proceedings in the Commercial Court Taxation List As from the date of this Notice, Victorian Taxation Appeals are to be initiated in the Commercial Court Taxation List. 9 March 2017
Specialist Lists for 2017: Judges in Charge List of Judges-in-Charge of the Specialist Lists for 2017. 16 December 2016

 

Rules and practice notes

Practice Notes archive

Practice Notes archive

Follow us on Twitter Find us on Facebook Watch us on Youtube