This Notice to the Profession should be read in conjunction with Practice Note SC CC 9 Schemes of arrangement
Practice Note SC CC 9 Schemes of arrangement commenced on 1 November 2023.
1. INTRODUCTION
1.1 The Chief Justice has authorised the issue of the following notice.
1.2 The purpose of this notice is to provide guidance to practitioners on the process for applying for approval of schemes of arrangement in the Commercial Court.
1.3 This notice is to be read in conjunction with Practice Note SC CC9 – Schemes of Arrangement issued on 25 October 2023 (Practice Note) and which implements the harmonised practice note adopted across all Australian Courts. The Practice Note is annexed to this notice.
2. COMMENCEMENT
2.1 This notice will come into effect immediately.
3. OBTAINING A FIRST AND SECOND HEARING DATE
3.1 Prior to issuing an originating process, legal practitioners for the plaintiff may approach the chambers of Justice Matthews in the Commercial Court at
znggurjf.nffbpvngr@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@etaicossa.swehttam
to obtain a first hearing date.
3.2 The email to Justice Matthews’ chambers should include:
3.2.1 details of the parties’ preferred date windows for each of the first and second hearings;
3.2.2 any ‘hard’ deadlines it would be helpful for the Court to be aware of; and
3.2.3 if possible, an indication of estimated dates upon which material in support of the application will be provided.
3.3 Justice Matthews’ chambers will respond to the parties’ solicitors as soon as practicable with dates for the first and second hearings and notification of the presiding Commercial Court Judge.
3.4 Practitioners should endorse the originating process with the date provided by chambers for the first hearing. When filing the originating process via RedCrest, a copy of the email should be attached as confirmation of the hearing time.
4. CONDUCT OF HEARINGS
4.1 Practitioners are advised that hearings will be conducted in accordance with the Practice Note.
4.2 Unless required by the plaintiff, the Court anticipates making an order at the first hearing dispensing with the requirements of rule 16.6 of the Supreme Court (Corporations) Rules 2023 (Vic).
5. CREDITORS’ SCHEMES OF ARRANGEMENT
5.1 This procedure for obtaining hearing dates applies also to creditors’ schemes of arrangement.
5.2 To the extent that it is appropriate and suitable in a given creditors’ scheme, regard will be paid to the Practice Note.
Vivienne Mahy
Executive Associate to the Chief Justice
5 November 2025