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Specialist Lists FAQs

Civil List FAQs

Q: Is there a form for a Notice of Trial?
A: Notice of Trial is a Form 48A.

Q: The Master ordered that two proceedings be heard together. Do I have to pay fees in both proceedings?
A: Yes. While the proceedings are related and are to be heard at the same time, they are still individual proceedings and therefore attract separate fees. This is different if an explicit Order has been made consolidating matters into one proceeding. In this case fees would only be paid once, as there is only one proceeding.

Q: Can I have an extension of time to pay my Notice of Trial fees?
A: This is sometimes possible, but as the due date is often the result of an Order of the Listing Master you should call the Registry Contact to discuss further.

Q: What happens to the proceeding if I don't file the Notice of Trial or pay my fees by the due date?
A: Most proceeding are fixed subject to the filing of notice of trial. If the notice is not filed the parties risk losing the date fixed for trial. However, if there are any difficulties with the filing of the notice, the party required to file the notice should seek an extension of time from the opposing parties and the Court.

Q: My proceeding has not commenced by writ, so I do not need to file a Notice of Trial. Do I need to file anything when I pay my fees?
A: There is no prescribed form, so it is appropriate to pay Entry to List fees on a letter from the filing party, a copy of the authenticated Order or the letter sent by the Registry requesting payment of the fees.

Q: How do I prepare Court Books?
A: You should refer to Practice Note No. 3 of 1995 and speak to the Associate for any further clarification.

Q: I need to amend Court Books. How can I do this?
A: This is generally possible. If the Court Books have not been served on the other side you may attend the Prothonotary's Office and amend the Books on site.

If the Court Books have been served, you must seek consent of the other side. When you attend the Prothonotary's Office you must bring proof of that consent.

In all cases you must phone the Registry Contact to organise before attending.

Q: If the case settles, can the Entry to List fee be refunded?
A: No. Once this fee is paid there is no provision to refund.
In all cases you must phone the Registry Contact to organise before attending.

Q: If the case settles, can the Entry to List fee be refunded?
A: No. Once this fee is paid there is no provision to refund.

Commercial Court FAQs

Please refer to the Guide to Commercial Court page.

Intellectual Property FAQs

Q: How much does it cost to issue a matter in this List?
A: A fee is payable on filing the originating process, for entry to the List and on any Summons. Please refer to Court Fees.

Long Cases FAQs

Q: How do I enter a proceeding into the Long Cases List?
A: Read Guide to Long Cases List Practice 2nd ed. October 1997

Q: Do I have to prepare an estimate of duration before having the matter set down?
A: Yes, so that the Listing Master knows roughly how much time she needs to set aside to accommodate the matter.

Q: How far off are long case matters being fixed when it comes before the Listing Master?
A: Proceedings are often fixed as far as a year in advance.

Q: When are long cases called over?
A: Proceedings in the Long Cases List are adjourned to a directions hearing about a month prior to the date fixed for trial. Faxes can be sent a day before the directions hearing to confirm that the current estimate for trial, counsels briefed and any other details that parties believe the Master ought to know before allocating the proceeding to a Trial Judge has been received.

Major Torts FAQs

Q: How do I prepare an order to be authenticated by the Judge?
A: Often the Judge will order that the Orders made at the Directions Hearing be drawn up by the solicitor for one party and signed by the Judge pursuant to Rule 60.04 of the General Rules of Procedure in Civil Proceedings. When this order is made practitioners should prepare the Orders in the form set out in Form 60C and submit them to the Judge's Associate to be signed. If this is done electronically (by email or on disk) then any minor alterations required may be made without the need for hardcopies to be redrawn and resubmitted. Orders should be submitted for signature within a week of being made. Authenticated Orders will then be sent via Ausdoc or post to the parties.

Q: When are Consent Orders made?
A: Where all parties have agreed on Minutes of Consent Orders prior to a directions hearing, Orders may be made on the papers. Signed Minutes of Consent Orders should be faxed to the Judge's Associate. Practitioners should allow time for the Judge to consider the proposed Orders before directions hearing so that confirmation can be given that there is no need for an attendance on the day. If the parties wish to have Orders authenticated in the matter described above, the Consent Orders should include an Order stating that it is to be signed by a Judge pursuant to Rule 60.04 of the General Rules of Procedure in Civil Proceedings and forward the draft Order electronically.

Valuation Compensation and Planning FAQs

Q: How much does it cost to issue matter in this List?
A: A fee is payable on filing the originating process, for entry to the List and on any Summons. Please refer to Court Fees.

Q: What does the Entry to List fee cover?
A: The fee is inclusive of the entry to the List and the first day hearing fee when the matter goes to trial.

Victorian Taxation Appeals FAQs

Q: How much does it cost to issue matter in this List?
A: A fee is payable on filing the originating process, for entry to the List and on any Summons. Please refer to Court Fees.