**Notice**

From 2 July 2018, all documents for Common Law, Commercial Court and Costs Court matters will be required to be electronically filed using the RedCrest electronic filing platform.

RedCrest is the Supreme Court of Victoria's electronic filing system currently used for Judge-managed matters filed in the Commercial Court.

The CITEC platform previously used for electronic filing of Common Law, Costs Court and some Commercial Court matters will be inaccessible after 4pm on Friday 29 June 2018. It will continue to be accessible to obtain copies of previously filed documents.

Access to electronic filing in RedCrest for these matters commenced on Monday 2 July 2018.

Registered users accessing RedCrest for Commercial Court Judge-managed proceedings will continue receiving email notifications when other parties file against the proceeding. Please note that this feature is not presently available for Common Law Division, Costs Court or Commercial Court proceedings managed by an Associate Judge or Judicial Registrar. Please continue to check the notices on www.redcrest.com.au (External link) for updates on this feature.

 

View the new rules

Register for RedCrest (External link)

The objective of the Commercial Court is to provide for the just and efficient determination of commercial disputes. Proceedings are managed and heard by Judges, Associate Judges and Judicial Registrars with extensive commercial expertise and experience. The Commercial Court conducts sittings Monday to Thursday reserving Fridays for directions hearings and applications.

 

Overview of the Commercial Court

With effect from 1 September 2014 the Trial Division of the Supreme Court was restructured and the Commercial and Equity Division became the Commercial Court of the Supreme Court.

The three (3) divisions of the Trial Division of the Supreme Court are now the:

1. Commercial Court
2. Common Law Division
3. Criminal Law Division

The underlying objectives of the new and invigorated Commercial Court are to enhance flexibility in the allocation of judicial resources and to meet the expectation of the legal profession for active case management and fixed trials.

For an overview of the Commercial Court, and the types of matters filed in it, please refer to Practice Note SC GEN 2 Structure of the Trial Division

Urgent Applications

 

How do I make an urgent application in the Commercial Court?

The Commercial Court handles genuinely urgent applications in commercial matters using the procedure listed below.

During business hours

To seek an urgent hearing between the hours of 9.00am to 5.00pm Monday to Friday before the Commercial Court Duty Judge please:

  1. Contact the Commercial Court Registry on 9603 4105; then
  2. Email the Commercial Court Registry at: commercialcourturgents@supcourt.vic.gov.au (External link) with the information in this form.

For matters already under Judge-management refer to Practice Note SC CC 1 Commercial Court.

After hours

To seek an urgent hearing before the Commercial Court Duty Judge please:

  1. Contact the Duty Judge Associate on 0439 153 522; then
  2. Email the Duty Judge Associate at: commercialcourturgents@supcourt.vic.gov.au (External link) with the information in this form.

Only if the Duty Judge Associate is unavailable, then:

  1. Contact the Commercial Court on-call Assistant Registrar on 0447 054 310; then
  2. Email the Commercial Court on-call Assistant Registrar at: commercialcourturgents@supcourt.vic.gov.au (External link) with the information in this form.

Please refer to Practice Note SC CC 1 Commercial Court.

For any Common Law urgent applications, please refer to Practice Note SC CL 10 Practice Court (Common Law).

Judges of the Commercial Court

The Honourable Justice Riordan is the Principal Judge of the Commercial Court. 

The Commercial Court Judges, listed alphabetically below, are:

  • Justice Almond
  • Justice Connock
  • Justice Croft
  • Justice Digby
  • Justice Elliott
  • Justice Kennedy
  • Justice Lyons
  • Justice Riordan
  • Justice Robson (Reserve Judge)
  • Justice Sifris
  • Justice Sloss

For a list of current Judges of the Supreme Court see the judicial organisational chart.

 

How do I contact Commercial Court Judges and Associate Judges?

To contact the chamber of a Commercial Court Judge, Associate Judge, or Judicial Registrar please click here.

Practitioners are referred to Practice Note SC GEN 4 Protocol and Practice Note SC CC 1 Commercial Court at paragraph 7. Any correspondence with associates must be sent simultaneously to all other parties and must be confined to uncontroversial matters.

Telephone communications must be confined to administrative and routine matters. Requests for legal or procedural advice will not be answered.

Lists in the Commercial Court

The Commercial Court allocates proceedings to general commercial or specialist lists. Each list is managed by a Judge. In certain circumstances interlocutory applications may be heard, and corporations proceedings may be managed, by an Associate Judge or Judicial Registrar. The jurisdiction of Associate Judges and Judicial Registrars is set out in rule 77.01 and rule 84.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Chapter I Rules), respectively. The powers of Associate Judges and Judicial Registrars in relation to corporations matters are listed in Schedules 2, 2AA and 2A of the Supreme Court (Corporations) Rules 2013 (Chapter V Rules).

 

Commercial Court Lists and Specialist Lists

General Commercial lists

The general commercial lists are each managed by a Judge of the Commercial Court.  The matters in these lists concern disputes arising from commercial dealings.

The general commercial lists correspond to the relevant managing Judge, listed alphabetically below:

  • Commercial List - Almond J
  • Commercial List - Connock J
  • Commercial List - Croft J
  • Commercial List - Digby J
  • Commercial List - Elliott J
  • Commercial List - Kennedy J
  • Commercial List - Lyons J
  • Commercial List - Riordan J
  • Commercial List - Robson J (Reserve Judge)
  • Commercial List - Sifris J
  • Commercial List - Sloss J

Specialist lists

The specialist lists of the Commercial Court are:

Practitioners can choose to enter a general commercial or specialist list directly upon initiating a proceeding.

Alternatively, the Court can, under its own motion, choose to move a matter into a Judge-managed list, if it appears that the matter would be more appropriately managed and determined there. Refer to Practice Note SC CC 1 Commercial Court.

 

Allocation to a Commercial Court Judge-managed list?

The introduction of the Commercial Court's specialist and general commercial lists enables targeted allocation of proceedings to lists managed by Judges who have extensive specialist and commercial law experience.

The advantages to this approach are:

  • Specialist case management may reduce the amount of pre-trial work and the cost involved for the parties. Similarly, it will potentially result in shortened timeframes to finalisation.
  • In addition, the Judge-managed lists are structured so as to allow greater flexibility to reallocate a matter before another Judge in the event that the original Judge is unable to hear the case, or another Judge becomes available earlier.
 

What matters would I file in a Commercial Court Judge-managed list?

The following is a list of some of the factors a legal practitioner should consider when deciding whether to initiate a matter in a Commercial Court Judge-managed list:
  • What is the subject matter in dispute? Does it accord with one of the specialist lists?
  • How complex are the issues in dispute? Many complex matters would ordinarily be heard by Judges of the Commercial Court.
  • Does an Associate Judge or Judicial Registrar have jurisdiction to hear the matter?
  • What is the quantum in dispute? Is it large? If not, would it be more suitable to issue in another jurisdiction such as the County Court?
  • Is the matter truly of a commercial nature? Is it a matter that, would be more appropriately issued in the Commercial Court or the Common Law Division?

For more information on this please contact the Commercial Court Registry on (03) 9603 4105.

 

What matters would I file for management by a Commercial Court Associate Judge or Judicial Registrar (i.e., NOT a Judge-managed list)?

Associate Judges and Judicial Registrars undertake a range of functions regarding commercial and corporations matters.  The jurisdiction of Associate Judges and Judicial Registrars is set out in rule 77.01 and rule 84.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Chapter I Rules), respectively.

The powers of Associate Judges and Judicial Registrars in relation to corporations matters are listed in Schedules 2, 2AA and 2A of the Supreme Court (Corporations) Rules 2013 (Chapter V Rules).

Examples of the types of common Commercial Court matters that Associate Judges and Judicial Registrars manage and hear include:

  • Applications to wind-up a company;
  • Applications to set aside a statutory demand;
  • Appointment of a liquidator, provisional liquidator or administrator;
  • Applications for public examinations including of directors and officers of a company;
  • Applications to reinstate a company;
  • Orders with respect to voidable transactions;
  • Mortgage default; and 
  • Debt recovery and related enforcement proceedings.

Associate Judges and Judicial Registrars also resolve a wide range of interlocutory civil disputes before and after trial and give directions, make orders and make determinations in an intermediate stage of a proceeding. Associate Judges and Judicial Registrars are also responsible for some preparatory work that might otherwise be carried out by a Judge.

Applications and interlocutory disputes heard by Associate Judges and Judicial Registrars include:

  • applications for substituted service of court process;
  • disputes concerning the discovery or disclosure of documents;
  • summary judgment applications;
  • pleadings disputes;
  • applications for security for costs;
  • assessments of damages;
  • applications to extend the period of validity of Writs and warrants of execution;
  • garnishee summonses;
  • examinations of debtors;
  • registration of foreign judgments; and
  • a variety of other matters including those previously listed in the former Civil Management List.

From 2 July 2018, all documents for Commercial Court proceedings will be required to be electronically filed using the RedCrest electronic filing platform (please see the RedCrest home page (External link) for more details) 

Click here for more information on the jurisdiction and powers of Associate Judges and here to contact the chambers of an Associate Judge or Judicial Registrar.

Interlocutory Applications

 

How do I file an Interlocutory Application?

 

Interlocutory applications in the Commercial Court are handled differently, depending upon the circumstances of the case. Specifically,

  • Where a new proceeding is entered into a Judge-managed List, but has not yet been allocated to a Judge for management, contact the Commercial Court Registry (CCR) in the first instance. The CCR will then liaise with chambers to determine an appropriate date for the interlocutory application to be heard and notify the parties of the approved hearing date prior to filing. Alternatively, the CCR will list the application for a date to be fixed and provide the parties with written notification when a date is set.
  • If the matter is an existing proceeding in a Judge-managed List which has been allocated to a Judge for management, please contact the chambers of that Judge for a return date before filing any applications. E-mail confirmation of the return date should be provided to the CCR through RedCrest when filing the application.
  • If the matter is a new proceeding which is suitable to be heard by an Associate Judge or Judicial Registrar, please refer to either the Corporations page or the Associate Judges page for further details.
  • If the matter is an existing proceeding which is already being managed by an Associate Judge or Judicial Registrar, please contact the chambers of that Associate Judge for a return date, before filing any applications. E-mail confirmation of the return date should be provided through RedCrest when filing the application.

Practitioners should note that fees are payable for interlocutory applications.

Judicial Registrars and Commercial Court Registry

 

What matters do the Judicial Registrar and Commercial Court Registry manage and how do I contact them?

Judicial Registrar Hetyey is responsible for the management and oversight of the specialist Commercial Court Registry. The Senior Associate to Hetyey JR can be contacted on (03) 9603 4210.

Judicial Registrar Matthews and Judicial Registrar Caporale also work within the Commercial Court.

The Commercial Court Judges have developed a pro-active, targeted and collaborative procedure for referring matters to judicial led and other mediations. The Judicial Registrars conduct judicial mediations and initial conferences (under the oppression proceedings program). The Judicial Registrars also, hear and determine winding up proceedings and certain other matters and applications (see above under: What matters would I file for management by a Commercial Court Associate Judge or Judicial Registrar (i.e., NOT a Judge-managed list)?)

Associate Judges were previously solely responsible for conducting public examinations pursuant to sections 596A and 596B under the Corporations Act 2001 (Cth). However, these matters are now mostly dealt with by a Judicial Registrar. For more details on filing these applications, please see below at: How are Public Examinations managed in the Commercial Court?

The Commercial Court has its own specialist Registry assisting the Commercial Court Judges in managing the general commercial lists and the specialist lists. The Commercial Court Registry currently accepts documents filed in all Judge-managed, Commercial Court matters. From 2 July 2018, all documents filed in the Commercial Court will be required to be electronically filed using the RedCrest electronic filing platform (please see the RedCrest home page (External link) for more details).

Contact details for the Commercial Court Registry are:

General enquiries
Phone: 03 9603 4105
Email: commercialcourt@supcourt.vic.gov.au  (External link)

Opening hours: 9.30am to 4.00pm, Monday to Friday excluding public holidays

Address
Ground Floor, 450 Little Bourke Street
Melbourne Victoria 3000

Postal Address
Commercial Court Registry
Supreme Court of Victoria
210 William Street
Melbourne Victoria 3000
DX 210608 Melbourne

RedCrest

 

What is RedCrest and what matters are filed on it?

RedCrest is the Supreme Court of Victoria's electronic filing and electronic case management system (External link) for all documents filed in the Commercial Court, Common Law Division and Costs Court. For more details, please see the following resources:

If you require assistance with filing Judge-managed Commercial Court matters on RedCrest, please contact the Commercial Court Registry: 

Phone: (03) 9603 6042
Email: commercialcourt@supcourt.vic.gov.au (External link)

The Commercial Court Registry provides support to the legal profession by phone between 8.30am and 4.30pm Monday to Friday.

 
 

Case Numbering in the Supreme Court

 

What is the difference between S CI, S ECI and S APCI case number prefixes?

An S CI prefix to a case number denotes that the matter is a hard copy civil file in the Trial Division.

An S ECI prefix to a case number denotes that the matter was initiated electronically via RedCrest.

From 2 July 2018, all documents for Common Law, Commercial Court and Costs Court matters (regardless of whether the proceeding is an S CI or S ECI matter) will be required to be electronically filed using the RedCrest electronic filing platform. 

An S APCI prefix to a case number denotes that the matter is in the Civil Division of the Court of Appeal. Any enquiries in relation to these matters should be referred to the Court of Appeal Registry.

Fees

 

What fees are payable in the Commercial Court?

A list of Commercial Court fees can be found here.

The prescribed fees applicable to Commercial Court proceedings are set out in the Supreme Court (Fees) Interim Regulations 2017 (External link). Please also see: Practice Note SC CC 7 Imposition of Fees.

 

How do I pay fees for RedCrest proceedings?

As part of the RedCrest filing process, you will be prompted to pay fees to commence a proceeding or to file documents such as a counterclaim, summons or subpoena.When requested please enter your PayPal account or credit card details and click the Submit button. RedCrest will process your payment and generate a receipt for your records.

For more detail, please see the RedCrest Efiling User Guide (External link) on the RedCrest home page (External link)

 

How can I pay Commercial Court fees for non-RedCrest proceedings?

The Commercial Court accepts payment of fees in a variety of ways. A copy of any notification sent to you by the Court should accompany any payment made in person or by post.

Payment in Person

Payment may be made in person, by cash, cheque or credit card, between 9.30am and 4.00pm, Monday to Friday at the:

Commercial Court Registry
Ground Floor,
450 Little Bourke Street,
MELBOURNE VIC 3000

Payment by Cheque

Cheques should be made payable to 'Supreme Court of Victoria' and sent via post to:

Commercial Court Registry
c/- 210 William Street
MELBOURNE VIC 3000

Or DX 210608 Commercial Court Registry.

Payment by Credit Card

Parties can contact the Commercial Court Registry directly to pay over the phone using credit card facilities (excluding Diners card and American Express).  

Payment by RedCrest

Parties can pay fees in Judge-managed proceedings via RedCrest by creating a subsequent filing and selecting the appropriate fee type. A payment form must be uploaded at the same time for the filing to proceed.

Please contact the Commercial Court Registry on (03) 9603 4105 or commercialcourt@supcourt.vic.gov.au (External link) for a copy of this form.

 

How do I seek a refund of a fee in a Commercial Court matter?

Refund if fee not paid through RedCrest

Requests for refunds (where not paid through RedCrest) are to be made in writing to the Commercial Court Registry at commercialcourt@supcourt.vic.gov.au (External link). Your correspondence should include the reason for the refund and, if possible, a copy of the relevant receipt. If you don't have a copy of the receipt, then you should reference the:

  • Date of payment;
  • Payment amount; and
  • Proceeding number.

Your request will be considered and, if approved, your paperwork will be forwarded to the Court's finance team for processing. It may take 7 - 10 days for the refund to be processed. You can nominate for the refund to be processed as either a cheque or as an Electronic Funds Transfer (EFT).

Refund if fee paid through RedCrest

All requests for refunds relating to RedCrest filings in Commercial Court Judge-managed matters must be emailed to commercialcourt@supcourt.vic.gov.au (External link) in the first instance. Please include:

  • Proceeding number;
  • Payment amount;
  • Date of payment; and
  • Reasons for the refund request.

Upon receipt of written approval from the Court, the Court's finance team will process the refund directly through PayPal to the credit card used to make the original purchase. It is not possible for us to refund to a difference credit card or to a nominated bank account.

Group and Voluminous Debt Recovery Proceedings

 

What type of Group and Voluminous Debt Recovery Proceedings are managed in the Commercial Court?

Group Proceedings (also referred to as Class Actions) involve claims brought on behalf of seven or more plaintiffs arising out of the same, similar or related circumstances. Where the claims raise substantial common factual and legal questions of a commercial nature, these proceedings should be initiated in the Commercial Court, and will be managed and determined by a Commercial Court Judge.

Some examples of group proceedings which are appropriately initiated and dealt with in the Commercial Court include: shareholder actions (securities class actions), managed investment scheme proceedings, disputes concerning commercial contracts, and matters involving banking or financial institutions.

Voluminous Debt Recovery Proceedings often arise from failed managed investments schemes or follow the conclusion of associated group proceedings. A large number of these proceedings will require active Judge-management.

Practitioners seeking to commence group proceedings should contact the Commercial Court Registry (CCR) for advice from one of the Commercial Court's Assistant Registrars prior to initiation.  The CCR can be contacted on (03) 9603 4105 or commercialcourt@supcourt.vic.gov.au (External link)

Please also refer to Practice Note SC GEN 10 Conduct of Group Proceedings (Class Actions).

Schemes of Arrangement

 

How are Schemes of Arrangement managed in the Commercial Court?

The Corporations Act 2001 (Cth) (the Act) stipulates the relevant steps and notice periods in seeking approval of a scheme of arrangement by the Court. Three listings before the Court, which need to align with the notice provisions, are contemplated:
  • First Judicial hearing - being the application to convene a scheme meeting pursuant to s 411 of the Act;
  • Associate Judge hearing pursuant to rule 16.6 of the Chapter V Rules; and
  • Second Judicial hearing - being the application to approve the scheme pursuant to s 411 of the Act.

The applications above are initiated by way of Originating Process on RedCrest (External link). However, due to the fact that three listings are required which are time sensitive, practitioners are asked to contact an Assistant Registrar in the Commercial Court Registry before filing to arrange the listing dates.

Once all hearing dates have been arranged, the Commercial Court Registry will email you to confirm the listings and you may proceed to file the Originating Process. The Commercial Court Registry's email will ask you to serve a copy of the email with the Originating Process.

An operation or project name may be used in communications with the Court up until the point of filing when the applicant corporation will necessarily be identified.

Please also refer to Practice Note SC GEN 19 RedCrest Electronic Case Management System regarding the filing of confidential and/or commercially sensitive documents.

Public Examinations 

 

How are Public Examinations managed in the Commercial Court?

Associate Judges were previously solely responsible for conducting public examinations pursuant to sections 596A and 596B under the Corporations Act 2001 (Cth). However, these matters are now mostly managed and heard by a Judicial Registrar.

The applications are generally initiated by way of Originating Process (please see order 11 of the Supreme Court (Corporations) Rules 2013) and are required to be filed electronically using the Redcrest electronic filing platform (External link).

Before filing an application to issue a summons/summonses for a public examination, practitioners must first contact the chambers of Judicial Registrar Hetyey for a suitable hearing date (by email to the Senior Associate to Hetyey JR at chambers.hetyey@supcourt.vic.gov.au (External link) or phone on (03) 9603 4210). If Judicial Registrar Hetyey is unavailable, a date before another judicial officer will be arranged. Once this date has been obtained, practitioners can file the application on RedCrest. A copy of the email confirmation from the Associate should be provided to the Court when the application is filed. For more information please contact the Commercial Court Registry on (03) 9603 4105 or commercialcourt@supcourt.vic.gov.au (External link).

If the judicial officer is satisfied that an examination is permitted after reviewing the filed material and/or hearing the application to issue a summons/summonses, orders will be made to have the summons/summonses issued. Dates for the production of documents and examination/s proper will also be provided at this stage. The practitioner should then file their summons/summonses on RedCrest with a copy of the order issuing the summons, and pay the relevant filing fees.

Self Represented Litigants

 

I'm thinking about representing myself. Where do I get assistance?

The Court provides support and information to people who are considering representing themselves in a proceeding in the Supreme Court.

Please note that, pursuant to Rule 1.17 of the Supreme Court (General Civil Procedure) Rules 2015, it is a requirement for a company the subject of a Supreme Court proceeding to act through lawyers.

For more information about representing yourself in the Supreme Court, and to contact the Supreme Court's Self-Represented Litigants Coordinator, click here.

Transcript

 

How can I get a copy of a transcript?

 
Directions hearings, interlocutory applications and trials in the Commercial Court are generally recorded. Parties wishing to obtain a copy of a transcript may request one from the Courts transcript provider - Auscript on (03) 9672 5601. Fees apply and are available from Auscript.
 
Parties to Commercial Court proceedings should consider the requirements for ordering transcript contained in SC GEN 7 Transcripts in Civil Proceedings and SC CC 1 Commercial Court.

Resources

 

General resources for the Commercial Court

Practice Notes

Supreme Court Rules

RedCrest

General resources for RedCrest include:

Notices to the Profession

Practitioners should note that Acts, Rules and Practice Notes may change from time-to-time. In conducting litigation in the Commercial Court, practitioners and other Court users should review the Court's website and relevant legislation comprehensively.

Commercial Court news

 

Want to know more about what's happening in the Commercial Court?

 
The Commercial Court publishes newsletters, reports and articles. Read the latest news.

Feedback

 

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