Urgent applications in Common Law Division proceedings are heard in the Practice Court (Common Law). The Practice Court Coordinator also assesses and directs other urgent and non-urgent applications to the appropriate case management list or specialist 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 cenpgvpr.pbheg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@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).
- Summons.
- 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.
The Court can arrange hearings outside of business hours for matters which are sufficiently urgent that they require a hearing before the next business day.
These are exceptional cases and the after hours process detailed below should not be used for queries about filings, requests from self-represented litigants for procedural advice or for any other matters which can be dealt with on the next business day.
To request an urgent after-hours hearing:
1. Call the Practice Court judge's associate on 0412 251 757 and leave a message with:
- your name and if you are a solicitor, the name of that firm;
- your phone number; and
- a brief explanation of the urgent matter, including the reasons for the urgency.
2. If your request is deemed urgent enough to be considered for an after-hours hearing, the associate will return your call to discuss. If you don't hear from the Court within 1 hour, your matter is not considered to be urgent and you should call the Registry during business hours on (03) 8600 2000. Repeated calls outside business hours won't be answered.
3. If required, the Practice Court judge's associate will advise you of the email address where you should send the following information and a copy of any documents you have prepared (even if still in draft form).
4. If a listing before the Practice Court judge is confirmed, the Court will provide you with details of that listing. You may be required to provide an undertaking to file documents and pay any relevant fees.
Detailed information about procedures in the Practice Court can be found in the below Practice Notes.
Practice Notes
- Practice Note SC CL 10 Practice Court (Common Law)
- Practice Note SC CL 13 Property List (First revision)
Notices
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.
Business hours
Please contact the Practice Court Coordinator.
Phone: (03) 8600 2036
Email:
cenpgvpr.pbheg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@truoc.ecitcarp
Outside hours
Please contact the associate to the judge in the Practice Court.
Phone: 0412 251 757