Special arrangements as set out in the Notice to the Profession - Practice Court (Common Law) - COVID-19 are presently in place for applications in the Practice Court (Common Law).
Urgent applications in Common Law Division proceedings are heard in the Practice Court (Common Law). The Practice Court Coordinator also assess and direct other urgent and non-urgent applications to the appropriate case management list or /law-and-practice/areas-of-the-court/practice-court-common-lawspecialist list for hearing.
A trial judge sitting in the Practice Court (Common Law) may hear any urgent application in the Common Law Division including:
- Injunction and freezing order applications
- Caveat removal applications
- Confiscation, restraining and exclusion applications and other applications made under the Confiscation Act 1997 (Vic)
- Applications made under the Proceeds of Crime Act 2002 (Cth)
- Interlocutory and final injunction applications
- Applications for a search order (anton piller)
- Applications for a freezing order
- Referrals made to the practice court by an associate justice
- Appeals against an order of an associate justice
A trial judge will also hear some other non-urgent applications including formal matters, such as swearing in of interstate practitioners, court reporters, transcribers and interpreters, and applications under the Open Courts Act 2013 (Vic).
All caveat removal applications should be directed to the Practice Court (Common Law) regardless of urgency. While not all of these applications may be heard in the Practice Court (Common Law), the Practice Court Coordinator will direct them as appropriate. See also Practice Note SC CL 13 Property List (First revision).
Barristers are not required to robe when appearing in the Practice Court.
Genuinely urgent applications are those which arise outside of the Court’s business hours which are 9.00 am to 5.00 pm Monday and Friday (or on a weekend or public holiday), and/or must be heard and determined within a very short period of time, generally within two business days.
The Practice Court Coordinator is able to assist you in determining whether an application is genuinely urgent. Please see the contact details section at the bottom of this page.
To obtain a date and time for an application to be heard in the Practice Court (Common Law) parties and/or practitioners should complete and email the following materials to the Practice Court Coordinator at firstname.lastname@example.org@truoc.ecitcarp :
- The completed Application Information Form. The form has provision to request specific dates for hearing of your matter however requested dates may not always be available.
- Originating Motion /Statement of Claim /Notice of Appeal (as applicable).
- Affidavit in Support.
- Outline of submissions.
The Practice Court Coordinator will contact you via email to advise you of your confirmed date or liaise with you for alternative dates for the hearing.
After a date for your matter has been assigned, you are required to file your Originating Motion (if applicable), Summons or Notice of Appeal together with a copy of the confirmation email you have received from the Practice Court Coordinator.
All material filed in the Practice Court must be filed electronically via RedCrest, the Court's electronic filing portal.
All other enquiries should continue to be directed to the Practice Court Coordinator, please see the Contact Details section at the bottom of this page.
If you have an urgent hearing application that falls outside of the Court's business hours of 9.00 am to 5.00 pm Monday to Friday, or on a weekend or public holiday, please contact the associate to the judge in the Practice Court on 0412 251 757, or if unavailable, the Practice Court Coordinator on 0419 303 981.
Detailed information about procedures in the Practice Court can be found in the below Practice Notes.
- Practice Note SC CL 10 Practice Court (Common Law)
- Practice Note SC CL 13 Property List (First revision)
Please note that 'business hours' below, mean the hours between 9.00 am and 5.00 pm Monday to Friday and 'outside hours' mean any time outside of this, including weekends and public holidays.
Please contact the Practice Court Coordinator.
Phone: (03) 8600 2036
Please contact the associate to the judge in the Practice Court.
Phone: 0412 251 757
(if unavailable, contact the Practice Court Coordinator on 0419 303 981).