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Filing Documents

General

All documents are filed and issued at the counter in the Registry at Level 2, 436 Lonsdale Street, Melbourne between 9.30am to 4.00pm. Documents that must be issued are usually processed immediately, including all originating processes, summonses, default judgments and subpoenas. Warrants are usually processed overnight, due to the need to carefully check interest calculations.

Affidavits

An affidavit is "a written statement, made by a person who has sworn or affirmed before a person authorised to administer the oath that the contents of the statement are true, which may be used to support certain legal applications or as a substitute for oral testimony in court proceedings" (Butterworths Australian Legal Dictionary).

Affidavits filed in the Supreme Court must be original. When deposed to in Victoria, they must also be signed on the foot of each page by the witness.

When an application is made in a Supreme Court proceeding, it is often required to be supported by affidavit. An affidavit is a way of giving evidence to the Court.

Order 43 of Chapter I of the Supreme Court Rules details the specific requirements that should be adhered to in making affidavits for use in Supreme Court proceedings.

Statutory declarations are not accepted as a substitute for affidavits in Supreme Court proceedings.

Section 123C of the Evidence Act 1958 prescribes who an affidavit can be sworn before for use in any Victorian court. Section 124 prescribes who an affidavit should be sworn before if it is sworn outside of Victoria, and for use in a Victorian court.

There are a number of officers in the Supreme Court Registry who are authorised to witness the swearing of an affidavit.

Exhibits

Exhibits should only be filed in proceedings:

• in the Commercial List
  
• in the Corporations List before the Judge
  
• in respect to an application returnable before the Listing Master
  
• in respect to an application for Approval of an Infant Compromise returnable before Master Wheeler

Where an exhibit is presented with an affidavit of service of a writ, the production of the exhibit will be documented on the rear of the affidavit and returned forthwith.

Pleadings

Pleadings are a series of written statements exchanged between the parties in a proceeding. Pleadings set out and clarify the claims and defences of the parties and therefore help to define the issues that must be determined. They include the statement of claim, defence, and reply. Permission must be obtained from the Court to serve pleadings after the reply. In general, parties cannot make new claims and assertions where these were not included in their pleadings, except with the permission of the Court.

Order 13 of the Supreme Court (General Civil Procedure) Rules 1996 sets out a number of requirements in relation to pleadings. These include their being divided into numbered paragraphs with (wherever practicable) one allegation in each paragraph. The Rules also specify that a pleading should include a statement of facts on which the party relies, but not the evidence by which those facts are to be proved; and state specifically any relief claimed.

Order 14 of the Supreme Court (General Civil Procedure) Rules 1996 sets out requirements for the service of pleadings.

Amending Documents

The authority by which a document is amended should be endorsed at the top of the front page of the document.

Amendment of Pleadings:

Pleadings are:

• Statements of Claim (including counterclaims)
  
• Defence
  
• Reply
  
• Counterclaim

Pursuant to Rule 36.03, a pleading may be amended:

(a) once before the close of pleadings; or
(b) at any time by Court Order; or
(c) at any time by consent of all parties.

(a) If the pleading is amended pursuant to Rule 36.03(a) (once before the close of pleadings), the endorsement should read:
"(insert name of document e.g. Defence) amended pursuant to Rule 36.03(a) and filed on ../../..".

(b) If the pleading is amended pursuant to a Court Order, the endorsement should read:
"(insert name of document e.g. Defence) amended on ../../.. pursuant to the Order of Justice/Master .................. made on ../../..".

(c) If the pleading is amended pursuant to Rule 36.03(b) (by consent of all parties), the endorsement should read:
"(insert name of document e.g. Defence) amended by consent of all parties pursuant to Rule 36.03(b) and filed on ../../..".

Amendment of a document which is not a pleading:

Generally any document which is not a pleading can only be amended by a Court Order.

The endorsement should read:
"(insert name of document e.g. Summons) amended on ../../.. pursuant to the Order of Justice/Master .............. made on ../../..".

Sealing of Documents

The practice of the Registry is to only seal documents where there is a requirement to do so in the Supreme Court Rules, or at the direction of the Prothonotary. Documents that must be sealed include:

• affidavits and notice (Charging)
  
• notices of appearance
  
• default judgments
  
• orders and judgments
  
• all originating processes (except an affidavit commencing an appeal)
  
• subpoenas
  
• summonses
  
• third party notices
  
• notices by one tortfeasor claiming contribution against another
  
• heading and notice on counterclaims where defendant new party
  
• warrants
  
• certificates under the Service and Execution of Process Act