The Court is providing guidance for those practising in civil and criminal proceedings in the current coronavirus (COVID-19) environment.
How to file documents with the Court
Documents for cases in the trial division of the Supreme Court of Victoria can be filed in the following ways:
Commercial Court, Common Law Division and Costs Court
eFiling - legal practitioners can file all court documents for civil cases using the Court's electronic filing and case management system, RedCrest.
All documents except for original wills must be submitted via the electronic filing system RedCrest-Probate.
An original will, or document to be resealed, should be posted to the Probate Office address on the Contact us page.
All documents to be filed in a proceeding in the Criminal Division must be filed using the Court's electronic filing and case management system RedCrest, except for:
- Trial and plea exhibits
- Any documents relating to applications under the:
- Australian Crime Commission Act 2002 (Cth)
- Corrections Act 1986 (Vic)
- Crime (Assumed Identities) Act 2004 (Vic)
- Independent Broad-based Anti-corruption Commission Act 2011 (Vic)
- Major Crime (Investigative Powers) Act 2004 (Vic)
- Service and Execution of Process Act 1992 (Cth)
- Surveillance Devices Act 1999 (Vic)
- Terrorism (Community Protection) Act 2003 (Vic)
- Witness Protection Act 1991 (Vic).
This includes proceedings initiated prior to 29 January 2019, which will remain as paper files.
Certificates are filed at the start of civil proceedings and when defending a claim. You will need to file certifications using:
- Form 4A Overarching Obligations certificate, signed by the parties in person, or in the case of a company by a director.
- Form 4B Proper Basis Certificate signed by the legal representative.
Certifications with original signatures are required. Copies will not be accepted.
An affidavit is a written statement describing the facts of a matter to be used as evidence . An affidavit must be sworn or affirmed as the truth before a person (a witness) who is authorised to administer the oath. Affidavits are often required to support an application made to the Court.
Statutory declarations are not accepted as a substitute for affidavits in Supreme Court proceedings except when applying for an application to waive court fees.
Having your affidavit sworn or affirmed
To find out who can witness an affidavit refer to section 19 of the Oaths and Affirmations Act 2018.
If an affidavit is sworn outside of Victoria, for use in a Victorian court, refer to section 21 of the Oaths and Affirmations Act 2018.
Some officers in the Supreme Court Registry and Justices of the Peace are authorised to witness affidavits. Justices of the Peace are volunteers. Please call the principal registry to check if a Justice of the Peace will be available to witness your affidavit when you intend to visit.
For more information please refer to order 43, chapter I, of the Supreme Court (General Civil Procedure) Rules 2015.
Exhibits are physical or documentary evidence that are brought in a proceeding.
All exhibits referred to in an affidavit should be filed at the time of filing the corresponding affidavit, with a cover sheet attached to each exhibit (Form 43A Certificate Identifying the Exhibit), signed by both the deponent and the witness. Where electronically filed in RedCrest, exhibits must be filed as a separate bundle to the affidavit itself. Where hard copy exhibits are filed and held by the Court, the Registry generally securely disposes of them at the end of a proceeding, unless you advise otherwise.
Pleadings are a series of written statements exchanged between the parties in a proceeding. Pleadings help to define the issues that must be determined by setting out and clarifying the claims and defences of the parties.
Pleadings include the statement of claim , defence and reply. They must be divided into numbered paragraphs with one allegation included in each paragraph.
Permission must be obtained from the Court to serve pleadings after the reply. In general, parties cannot make new claims and assertions that were not included in their pleadings, without the permission of the Court.
For more information about pleadings, refer to order 13, chapter I, of the Supreme Court (General Civil Procedure) Rules 2015; order 14, chapter I, of the Supreme Court (General Civil Procedure) Rules 2015 sets out requirements for the service of pleadings.
The Costs on Default Judgments and Warrants form shows the amount you are able to claim on your judgment .
The Penalty Interest Rates form shows past and current penalty interest rates.
Order 21, chapter I, of the Supreme Court (General Civil Procedure) Rules 2015 sets out the requirements of filing a default judgment.
Amending a writ
If the writ has not been served on any party the Prothonotary may amend the writ without an application being made. This rule is most often used to alter the names of parties. The statement of claim cannot be amended.
You will need to file with the Registry :
- An affidavit stating that the writ has not been served
- Copies of your new writ to be sealed.
Each amendment must be clearly distinguished from the original document filed. You will need to add the endorsement: 'Amended Pursuant to Order 36.03', at the top of the amended document to show how the change was made.
Read about amending a pleading and refer to rule 36.03 of the Supreme Court (General Civil Procedure) Rules 2015.
Amending a pleading
A pleading, such as a statement of claim, can be amended only once with the consent of all parties. Party names cannot be amended on a pleading document.
Each amendment must be clearly distinguished from the original document filed. You will need to add the endorsement: 'Amended Pursuant to Order 36.04', at the top of the amended document to show how the change was made.
For more information refer to rule 36.04 of the Supreme Court (General Civil Procedure) Rules 2015.
Amending a party name
- If the originating process has not been served, party names can be amended. See order 36.03 of the Supreme Court (General Civil Procedure) Rules 2015 and read amending a writ.
- If the originating process has been served on the parties, the party names can only be amended via application to the Court by summons or notice to produce.
- If an order giving leave to amend a party name is obtained, the amended originating process must be filed within 21 days (or within the time limit set in the order). You will need to add an endorsement at the top of the amended document to show how the amendment has been made. For example:
'Amended pursuant to the Order of Associate Justice''' made on dd/mm/yyyy'. See order 36.02 of the Supreme Court (General Civil Procedure) Rules 2015.