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As from the date of this Notice, proceedings initiated in the Corporations List [1] that span across the jurisdiction of Judges and Associate Judges (Hybrid Proceedings) should be filed in the Corporations List for Judge-management.

The Chief Justice has authorised the issue of the following notice.

Hybrid proceedings filed in the Corporations List in the Supreme Court of Victoria

Practitioners or parties initiating these types of proceedings should select “Corporations List (Judge-managed)” in the Case Type field when filing on RedCrest. 

Practice Note SC CC 1 Commercial Court (First Revision) provides guidance on the management of proceedings in the Commercial Court. 

Depending upon the nature and complexity of the proceeding, the amount in dispute and any other relevant information, the Judge in Charge of the Corporations List may refer suitable proceedings to an Associate Judge or Judicial Registrar for management and/or hearing .

The existing fee structure as set out in Part 1 of the Supreme Court (Fees) Regulations 2018 shall continue to apply. Practitioners and parties are advised that they may apply for a refund of the Entry to List Fee paid where a proceeding is referred to an Associate Judge or Judicial Registrar for management [2].

Consistent with rules 16.3 and 16B.3 of the Supreme Court (Corporations) Rules 2013, this Notice does not apply to proceedings which are solely within the jurisdiction of Associate Judges and Judicial Registrars. Practitioners or parties initiating these type of proceedings should continue to select “Corporations List (Associate Judge/Judicial Registrar managed)” in the Case Type field when filing on RedCrest.

Vivienne Macgillivray
Executive Associate to the Chief Justice
15 December 2020

Footnotes

[1] The Corporations List is suitable for applications including those brought under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth), and the Cross-Border Insolvency Act 2008 (Cth).

[2] Practitioners are not entitled to a refund on Oppression Proceeding Program matters as, while they may be initially referred to an Associate Judge or Judicial Registrar, they remain under the management of the Corporations List Managing Judge.

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication