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Practice notes - Trial Division archive

Year Title Archived Practice Notes and Notices to the Profession Citation
2017 Practice Note SC CC 8 Oppressive conduct in the affairs of a company This Practice Note commenced on 30 January 2017 and was replaced by a revised version issued on 19 July 2017. The revised version will apply to all relevant proceedings in the Corporations List from 31 July 2017.
2017 Practice Note SC GEN 11 Costs Court This Practice Note commenced on 30 January 2017 and was replaced with a revised version on 27 June 2017. The revised version takes effect from 1 July 2017.
2017 Practice Note SC CR 4 Sentencing hearings This Practice Note commenced on 30 January 2017 and was replaced with a revised version on 14 June 2017. The revised version takes effect from 1 July 2017.
2017 Practice Note SC GEN 13 Examinations De Bene Esse This Practice Note commenced on 30 January 2017 and was replaced by a new version on 1 June 2017.
2017 Practice Note SC CC 5 RedCrest This Practice Note commenced on 30 January 2017 and was replaced by a new version on 18 April 2017.
2016 Notice to the Profession - Specialist Lists for 2017: Judges in Charge List of Judges-in-Charge of the Specialist Lists for 2017.
2016 Notice to the Profession - Management of matters in the Judicial Review and Appeals List The Supreme Court is introducing new case management procedures for matters in the Judicial Review and Appeals List ('JRAL'). This new approach will expedite the hearing and determination of applications for leave and appeals. As from 26 September 2016, the procedures outlined in Practice Note No 9 of 2015 should be read subject to this Notice. A revised Practice Note will be issued in early 2017.
2016 Practice Note No. 10 of 2016 Dust Diseases List This Practice Note replaces Practice Note No.2 of 2015 which is hereby revoked. This Practice Note commences on 1 September 2016 and will apply to all proceedings commenced in the Dust Diseases List regardless of date of commencement.
2016 Practice Note No. 9 of 2016 Personal Injuries List This Practice Note replaces Practice Note No. 3 of 2015 which is hereby revoked. This Practice Note commences on 1 September 2016 and will apply to all proceedings commenced in the Personal Injuries List regardless of date of commencement.
2016 Notice to the Profession - Proceedings in the Commercial Court Taxation List From 25 August 2016, Victorian Taxation Appeals are to be initiated and managed in the Commercial Court Taxation List. Similarly, any other proceeding in which a substantial issue is raised in respect of taxation, including taxation recovery and disputes with respect to goods and services tax (but excluding professional liability claims against tax professionals or advisors), are to be initiated and managed in the Commercial Court. The existing fee structure will, for present purposes, continue to apply. Practitioners are encouraged to file all taxation proceedings in the Commercial Court Registry.
2016 Notice to the Profession - Specialist Lists 2016 Terms 2 and 3 - Judges in Charge List of Judges-in-Charge of the Specialist Lists for Terms 2 and 3 of 2016.
2016 Notice to the Profession - Professional Liability Claims Against Taxation Professionals From 29 June 2016 professional liability claims against taxation professionals or advisors should no longer be issued in the Commercial Court Taxation List. Instead, such matters are to be initiated and managed in the Common Law Professional Liability List.
2016 Notice to the Profession - Changes to Commercial Court Lists and Establishment of Insurance List From 1 July 2016, the Commercial Court Judge-managed Lists will be re-modelled to enhance efficiencies in case management, accuracy of listings, data completeness and ease of use by the legal profession.
2016 Notice to the Profession - Specialist Lists in the Common Law Division From 1 July 2016 the party initiating a proceeding in the Common Law Division will be required to nominate an appropriate specialist list for the proceeding.
2016 Notice to the Profession - Adoption of Harmonised Expert Witness Code From 1 June 2016 the Supreme Court has adopted a national code for expert witnesses as recommended by the (Australasian) Rules Harmonisation Committee and approved by the Council of Chief Justices.
2016 Notice to the Profession - New Form of Originating Motion for Judicial Review From 1 July 2016 a new form of Originating Motion will be required to commence Order 56 judicial review proceedings in the Supreme Court.
2016 Notice to the Profession - Post-mediation Directions Hearings in the Civil Circuit List From 1 July 2016, matters listed for trial in the Civil Circuit List will be given a post-mediation directions hearing before an associate judge.
2016 Notice to the Profession - Wearing of wigs in Common Law Division proceedings As from the 1st day of May 2016, pursuant to a determination made by the Chief Justice under s 9A of the Supreme Court Act 1986, the judges of the Common Law Division ceased wearing wigs.
2016 Practice Note No. 8 of 2016 Bail applications and appeals This Practice Note replaces Practice Note No. 5 of 2004 which is hereby revoked. This Practice Note commences on 11 April 2016 and will apply to applications with respect to bail commenced in the Criminal Division on or after that date.
2016 Practice Note No 5 of 2016 - Property List
2016 Practice Note No 7 of 2016 - Conditional Admission This Practice Note commences on 1 April 2016 and will apply to all relevant applications on or after that date.
2016 Practice Note No. 6 of 2016 Trust, Equity and Probate List This Practice Note replaces Practice Note No. 6 of 2015. The procedures set out in this Practice Note will apply from 1 April 2016 to relevant proceedings commenced in the Trial Division of the Court.
2016 Practice Note No. 5 of 2016 Property List On 1 April 2016, the Common Law Division will establish a Property List (List).
2016 Practice Note No. 4 of 2016 Confiscation and Proceeds of Crime List From 1 April 2016 the Confiscation and Proceeds of Crime List (List) will operate. The procedures set out in this Notice will apply from 1 April 2016 to proceedings commenced in, and transferred to, the List.
2016 Practice Note No. 3 of 2016 - Examinations de bene esse This Practice Note replaces Practice Note No. 1 of 1998 which is hereby revoked.
2016 Notice to the Profession - Updated Practice Court procedures (Commercial Court) From 29 February 2016, urgent applications involving a commercial dispute will no longer be heard in the Practice Court but instead will be dealt with in accordance with the procedures set out in this Notice. This Notice should be read in conjunction with the Notice to the Profession - Updated Practice Court procedures (Common Law Division).
2016 Notice to the Profession - Updated Practice Court procedures (Common Law Division) This Notice concerns changes to the operation of the Practice Court. While many of these changes have been operating informally, this Notice clarifies those procedures. This Notice should be read in conjunction with the Notice to the Profession - Updated Practice Court procedures (Commercial Court).
2016 Notice to the Profession - Applications In Party Party Taxations This Notice provides guidance on listing procedures which take effect from 1 March 2016, and should be read in full taking note to complete the included Party Party Taxation Information Form as part of the revised process.
2016 Notice to the Profession - Case Management Pilot for Personal Injuries and Dust Diseases Lists This Notice applies to all proceedings in the Personal Injuries List (PIL) and Dust Diseases List (DDL) and Practice Notes 2 and 3 of 2015 should be read in conjunction with it.
2016 Notice to the Profession - Specialist Lists 2016: Judges-in-Charge List of Judges-in-Charge of the Specialist Lists for 2016.
2016 Practice Note No. 2 of 2016 - Employment and Industrial List This Practice Note provides guidance on the operation of the Employment and Industrial List, a new specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2016 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No 13. of 2015 - Oppressive Conduct of the Affairs of a Company Further to Practice Note 5 of 2014 this Practice Note concerns applications under s 233 Corporations Act 2001 (Cth) – oppressive conduct of the affairs of a company.
2015 Practice Note No. 12 of 2015 Imposition of Fees in Commercial Court Judge-Managed Lists The Practice Note clarifies the timing of the imposition of Entry into List fees in the Commercial Court where a proceeding is entered into a Judge-managed List following its commencement. In particular, the Practice Note explains the circumstances in which Entry into List Fees will be payable for managed investment scheme debt recovery matters, such as those involving the Timbercorp and Great Southern managed investment schemes.
2015 Practice Note No. 11 of 2015 Sentencing Hearings Practice Note No. 11 of 2015 concerning sentencing hearings in the Supreme Court will come into effect of 1 March 2015. The Practice Note replaces Practice Note No. 3 of 2011 and reflects legislative changes and sentencing decisions and which have occurred since that Practice Note was released.
2015 Notice to the Profession 2015 - Interrogatories in proceedings in the Civil Circuit List This notice clarifies that the limitation on interrogatories in the Personal Injuries, Dust Diseases, and Major Torts Lists applies to similar proceedings in the Civil Circuit List.
2015 Notice to the Profession 2015 - Specialist Lists List of Judges in Charge of the Specialist Lists for 2015.
2015 Practice Note No. 10 of 2015 Conduct of Group Proceedings (Common Law Division) This Practice Note replaces Practice Notes No. 8 and No. 9 of 2010, and provides guidance on the management and conduct of Group Proceedings managed within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.  
2015 Practice Note No. 9 of 2015 Judicial Review and Appeals List This Practice Note takes effect from 1 January 2015. It replaces Practice Note No. 4 of 2009 – Judicial Review and Appeals List. It overtakes Notice to the Profession 2009 – Judicial Review and Appeals List and Notice to the Profession 2012 – Judicial Review and Appeals List. It provides updated guidance on the operation of the Judicial Review and Appeals List, a specialist case management list within the Trial Division of the Court.
2015 Practice Note No. 7 of 2015 Testators Family Maintenance List This Practice Note establishes the Testators Family Maintenance List as a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No. 8 of 2015 Valuation, Compensation and Planning List This Practice Note replaces Practice Note No. 6 of 2006 and Notice to the Profession 2010 (Valuation, Compensation & Planning List), and provides updated guidance on the operation of the Valuation, Compensation & Planning List, a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 March 2015 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No. 6 of 2015 Probate List This Practice Note replaces Practice Note No. 5 of 2011, and provides updated guidance on the operation of the Probate List, a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No. 5 of 2015 Professional Liability List This Practice Note replaces Practice Note No. 3 of 2012, and provides updated guidance on the operation of the Professional Liability List, a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No. 4 of 2015 Major Torts List This Practice Note replaces Practice Note No. 1 of 2012, and provides updated guidance on the operation of the Major Torts List, a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.
2015 Practice Note No. 1 of 2015 Civil Circuit List This Practice Note replaces Practice Note No. 3 of 2010 and Notice to the Profession 2012 – Civil Circuits, and provides updated guidance on the operation of the Civil Circuit List, a specialist case management list within the Common Law Division of the Supreme Court of Victoria. The procedures set out in this Practice Note will apply from 1 January 2015 to relevant proceedings commenced in the Trial Division of the Court.
2014 Practice Note 8 of 2014 Commercial Arbitration Business The Practice Note sets out the guidelines and prescribed form of applications for all proceedings commenced in the Commercial Court - Arbitration List.
2014 Notice to Practitioners 2014 - International Wills The purpose of this notice is to advise practitioners that the Wills Amendment (International Wills) Act 2012 will commence operation on 10 March 2015.
2014 Notice to the Profession 2014 - Disclosure of Information This Notice concerns the disclosure of information in connection with civil proceedings in the Supreme Court of Victoria.
2014 Practice Note 6 of 2014 Post-Committal Directions As of 1 October 2014 the Criminal Division of the Supreme Court will introduce Post-Committal Directions Hearings within 24 hours of the completion of the committal hearing.
2014 Practice Note 5 of 2014 Oppression Proceedings This practice note concerns applications under s 233 Corporations Act 2001 (Cth) – oppressive conduct of the affairs of a company.
2014 Practice Note 4 of 2014 New Structure of Trial Division This practice note sets out the new structure of the Court's Trial Division.
2014 Practice Note 3 of 2014 RedCrest Electronic Case Management System This practice note is intended for users of the RedCrest electronic case management system.
2014 Practice Note No 2 of 2014 Expert Evidence in Criminal Trials Practice Note No 2 of 2014 Expert Evidence in Criminal Trials
2014 Practice Note 1 of 2014 Enforcement of Foreign Judgments at Common Law
2014 Notice to the profession - Applications in Associate Judges' Practice Court 2
2014 Civil Appeals from the Supreme Court - January 2014
2013 Notice to the Profession 2013 This Notice concerns interrogatories served in Personal Injuries List proceedings under Order 30 of the Supreme Court (General Civil Procedure) Rules 2005.
2013 Practice Note 4 of 2013 - Open Courts Act 2013 The Open Courts Act 2013 commenced on 1 December 2013 and applies to all current proceedings. The Act makes significant changes to procedures governing applications for suppression orders in both civil and criminal proceedings
2013 Notice to Practitioners 2013 - VLRC Succession Laws Final Report
2013 Notice to the Profession 2013 - Opening of the Commercial Court Registry The purpose of this notice is to advise practitioners of the commencement of the Commercial Court Registry from 6 November 2013.
2013 Notice to the Profession Consent Orders submitted by Email Consent Orders By Email
2013 Practice Note No 2 of 2013 Procedure for non-practioners who seek leave to appear before the Costs Court.
2013 Notice to the Profession 2013 - Personal Injuries List This notice concerns the provision of trial estimates by practitioners in the Personal Injuries List
2013 Practice Note No 1 of 2013 Commencing on 1 April 2013 the Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012 introduce a new scale of costs for the Supreme Court and make significant amendments to aspects of the costs rules.
2013 Notice to Practitioners 2013 - Reseal Advertisements
2012 Practice Note No 4 of 2012 This note details changes to the process from appeals from Associate Judges to a Judge of the Trial Division.
2012 Practice Note No 3 of 2012 Professional Liability List
2012 Notice to the Profession 2012 This Notice is issued by the Judges in Charge of the Judicial Review and Appeals List and amends the standard directions contained in Practice Note 4 of 2009
2012 Notice to the Profession 2012 – Civil Circuits This Notice is issued by the Judge in Charge of Circuit and clarifies various procedures relating to civil circuits.
2012 Practice Note No 2 of 2012 Judicial Mediation Guidelines
2012 Practice Note No.1 of 2012 Major Torts List
2011 Practice Note No 10 of 2011 The Green Book, edition 3
2011 Practice Note No 9 of 2011 Citation and provision of copy judgments to the Court and opposing counsel
2011 Notice to the Profession 2011 Issued in September 2011 - this outlines changes to Judges sitting in the Commercial Court.
2011 Practice Note No 5 of 2011 This Practice Note is intended to establish a Probate List whereby matters will be allocated to a specialist judge at first instance.
2011 Practice Note No 4 of 2011 This Practice Note replaces Practice Note 7 of 2010 and deals with the Cost Court.
2011 Supreme Court Practice Note 1 of 2011 - Judicial Registars This Practice Note deals with the appointment of Judicial registrars to the Supreme Court.
2011 Practice Note 1 of 2011 This Practice Note deals with the appointment of Judicial registrars to the Supreme Court.
2010 Notice to the Profession 2010 - Specialist Lists 2011 Specialist Lists 2011
2010 Practice Note No 10 - Personal Injuries List The practices and procedures set out in this Practice Note will apply from 1 January 2011 to relevant proceedings commenced in the Personal injuries List on or after that date
2010 Practice Note No 9 of 2010 This Practice Note commences on 1 January 2011. It applies to new and, so far as the circumstances permit, existing group proceedings.
2010 Notice to Practitioners 2010 - Online Searches
2010 Trial Division Pre Trial Directions - Pro Forma Minutes of Order
2010 Notice to the Profession 1/2010 on Schemes of Arrangement Changes to have been made to Chapter V of the Rules of the Supreme Court (Corporations) Rules 2003
2010 Notice to the Profession Appointment of Prothonotary Appointment of the Prothonotary of the Supreme Court
2010 Practice Note No 8 of 2010 Management of Group Proceedings
2010 Notice to the Profession - Issuing of Subpoenas Notice to the Profession - Issuing of Subpoenas
2010 Notice to the Profession - Admiralty List This Notice to the Profession outlines the changes to the Admiralty List
2010 Notice to the Profession 2010 - Judge in Charge Commercial Court Changes in the Judge in Charge of the Commercial Court
2010 Notice to the Profession 2010 - Valuation, Compensation and Planning List Changes to the Valuation, Compensation & Planning List
2010 Practice Note No 7 of 2010 Costs Court
2010 Practice Note No 6 of 2010 Search Orders (2010) 26 VR 712
2010 Practice Note No 5 of 2010 Freezing Orders (2010) 26 VR 708
2010 Notice to Practitioners 2010 - Benefit Under a Will
2009 Practice Note No 4 of 2010 Criminal Division
2009 Practice Note No 2 of 2010 Arbitration Business
2009 Notice to the Profession 2009 JRA List Judicial review and Appeals List
2009 Practice Note No.4 of 2009 Practice Note No 4 of 2009 outlines changes to the Judicial Review and Appeals List. PLEASE NOTE this Practice Note applies in substitution for Practice Note 4 of 2008.
2009 Practice Note 3 of 2009 Jurisdiction of Associate Judges
2009 Notice to Profession 2009 Communicating with Associates
2009 Notice to Profession 6/2009 Communicating with Associates
2009 Notice to the Profession 2009 - Valuation, Compensation & Planning List and the Commercial Court Changes to the Valuation, Compensation & Planning List and the Commercial Court
2009 Notice to Profession 2009 - Re Judicial Review Appeals List Changes to the Judicial Review and Appeals List
2009 Notice to the Profession 2009 - Commercial Court Commercial Court
2009 Practice Note No 1 of 2009 Electronic Practice Court Diary
2009 Notice to Practitioners 2009 - Online Advertisements and Relationships Act 2008
2008 Notice to Practitioners 2008 - Commercial Court Commercial Court
2008 Practice Note No 6 of 2008 Associate Judges
2008 Practice Note No 5 of 2008 Practice Note No 5 of 2008 - Personal Injuries List
2008 Practice Note No 3 of 2008 Practice Note No 3 of 2008 Notification of matters arising under the Human Rights Charter
2008 Notice to Profession Changes to the Commercial, Corporations & Building Lists
2008 Practice Note No 2 of 2009 Technology, Engineering and Construction (TEC) List
2008 Notice to Practitioners 2008 - Probate Online Initiative
2008 Notice to Profession 2008 Electronic Practice Court Diary
2008 Practice Note No.4 of 2007 Applications to the Criminal Division
2007 Notice to Practitioners 1 of 2004 Victorian Taxation Appeals
2007 Notice to Profession 2005 Commercial List
2007 Notice to Profession 2006 Applications pursuant to s.588FF of the (Clth) Corporations Act 2001
2007 Notice to Profession 2009 - Electronic Practice Court Diary Procedure Electronic Practice Court Diary
2007 Valuation, Compensation & Planning Valuation, Compensation & Planning
2007 Practice Note No.4 of 2006 Listing of Civil Matters in 2007 (2006) 16 VR 700
2007 Practice Note No.2 of 2007 Production of Commonwealth Legislation in Applications
2007 Practice Note No.1 of 2004 Criminal Division: Final Directions (2004) 8 VR 475
2007 Practice Note No.1 of 2007 Guidelines for the Use of Technology in any Civil Litigation Matter
2007 Practice Note No.5 of 2002 Admiralty List (2002) 5 VR 124
2007 Practice Note No.3 of 2002 Transcript in Civil Proceedings (2002) 5 VR 121
2007 Practice Note No.3 of 2007 Victorian Taxation Appeals
2007 Practice Note No.2 of 2001 Building Cases (2001) 5 VR 102
2007 Practice Note No.2 of 2004 Victorian Taxation Appeals (2004) 8 VR 477
2007 Practice Note No.4 of 2002 Interstate Queen's Counsel and Senior Counsel (2002) 5 VR 123
2007 Notice to Practitioners 1 of 2001 Victorian Taxation Appeals List
Notice to Practitioners
2007 Notice to Practitioners 1998 Criminal List Practice Direction - Pegasus Two
2007 Notice to Practitioners 2 of 2001 Victorian Taxation Appeals List
Notice to Practitioners
2007 Notice to Practitioners 2001 Corporations Business
Notice to Practitioners
2007 Practice Note No.9 of 1986 Applications to Masters [1987] VR 163
2007 Practice Note No.7 of 1986 New Rules of Court [1987] VR 160
2007 Practice Note No.6 of 1985 Robing [1986] VR 60
2007 Practice Note No.3 of 1998 Long Cases List [1998] 2 VR 399
2007 Practice Note No.1 of 1993 Companies Business [1993] 1 VR 314
2007 Practice Note No.1 of 1996 Civil Case Management [1997] 1 VR 527
2007 Practice Note No.2 of 1993 Applications to Masters [1993] 2 VR 362
2007 Practice Note No.5 of 1987 Oral Examinations Before the Court [1988] VR 64
2007 Practice Note No.2 of 1995 Remuneration of Liquidators [1995] 2 VR 549
2007 Practice Note No.3 of 1992 Practice Court Applications [1993] 1 VR 250
2007 Practice Note No.4 of 2008 Judicial Review and Appeals List
2007 Practice Note No.3 of 1995 New Arrangements for Fixing Civil Cases for Trial [1995] 2 VR 550
2007 Practice Note No.4 of 1986 Citation of Unreported Judgments [1986] VR 742
2007 Practice Note No.4 of 1993 Urgent Ex Parte Applications [1994] 1 VR 86
2007 Practice Note No.4 of 1999 Supreme Court Trial Division – Divisional Structure [1999] 2 VR 293
2006 Practice Note No.5 of 2006 Criminal Division: Case Management by Section 5 Hearings (2006) 16 VR 702
2004 Notice to Practitioners 2004 - Sureties and Death Certificates
2004 Practice Note No.4 of 2004 Commercial List (2004) 8 VR 480
2004 Practice Note No.5 of 2004 Criminal Law - Bail Applications - Procedure - Form of Order (2004) 8 VR 500
2003 Notice to Practitioners 2003 - Simultaneous Deaths
1989 Practice Note No.1 of 1989 Civil Appeals from the County Court [1989] VR 346
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