County Court (Chapter I Email Service Amendment) Rules 2017 (Vic)

County Court (Chapter I Email Service Amendment) Rules 2017

S.R. No. 92/2017

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Address of parties

6New Rules 6.06.2 and 6.06.3 inserted

7How ordinary service is effected

8Address for service of defendant

9Amendment of Form 5A

10Amendment of Form 5B

11Amendment of Form 5E

12Amendment of Form 8A

13Amendment of Form 11A

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Endnotes

STATUTORY RULES 2017

S.R. No. 92/2017

County Court Act 1958

County Court (Chapter I Email Service Amendment) Rules 2017

A majority of the Judges of the County Court makes the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the County Court to further provide for ordinary service by email.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 1 September 2017.

4Principal Rules

In these Rules, the County Court Civil Procedure Rules 2008[1] are called the Principal Rules.

5Address of parties

(1)In Rule 5.07(1)(c) of the Principal Rules, for "principal." substitute "principal; and".

(2)After Rule 5.07(1)(c) of the Principal Rules insert—

"(d)an email address for service on the plaintiff.".

(3)After Rule 5.07(1) of the Principal Rules insert—

"(1.1)On the application of the plaintiff, the Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (1)(d).".

6New Rules 6.06.2 and 6.06.3 inserted

After Rule 6.06.1 of the Principal Rules insert—

"6.06.2   Email address for service

(1)Subject to Rule 5.07(1.1), the email address for service indorsed on the originating process shall be the email address for service of a plaintiff.

(2)The email address for service of a defendant shall be provided as in Rule 8.06.

6.06.3Party changing email address for service

(1)If a party's email address for service is changed, the party shall forthwith file notice of the change and serve a copy of the notice on every other party.

(2)Upon the filing and service of a notice in accordance with paragraph (1), the email address for service of the party shall be the new email address stated in the notice.".

7How ordinary service is effected

(1)In Rule 6.07(1)(d) of the Principal Rules, for "box; or" substitute "box;".

(2)In Rule 6.07(1)(e) of the Principal Rules, for "(2.1)." substitute "(2.1); or".

(3)After Rule 6.07(1)(e) of the Principal Rules insert—

"(f)by emailing the document to the person's email address in accordance with paragraph (2.2).".

(4)After Rule 6.07(2.1) of the Principal Rules insert—

"(2.2)For the purposes of paragraph (1)(f), but subject to paragraphs (2.3) and (2.4), a document may be served either by attaching it to an email sent to the person's email address for service or by providing, in an email sent to the person's email address for service, an operative hyperlink to the document, and in either case the email shall state—

(a)the name, address, telephone number and email address of the sender;

(b)the name of the person to be served;

(c)the title and court file number of the proceeding to which the email relates;

(d)the name and number of pages of each document served by means of the email; and

(e)that the email is by way of service under paragraph (1)(f).

(2.3)The file name of the document being served shall be substantially similar to the name of the document as stated in the email pursuant to paragraph (2.2)(d).

(2.4)Unless the person served or to be served consents, a document may not be served by being attached to an email if the total size of all of the attachments to the email is more than 10 megabytes.".

8Address for service of defendant

For Rule 8.06(1) of the Principal Rules substitute—

"(1)A notice of appearance shall state—

(a)if the defendant appears by a solicitor—

(i)the address of the defendant;

(ii)the name or firm and the business address within Victoria of the solicitor;

(iii)if the solicitor is an agent of another, the name or firm and the business address of the principal; and

(iv)an email address for service of the defendant; and

(b)if the defendant appears in person—

(i)the address of the defendant;

(ii)if that address is out of Victoria, an address of the defendant within Victoria; and

(iii)an email address for service of the defendant.

(1.1)On the application of the defendant, the Registrar, at any time, may, for special reason, dispense with the requirement in paragraph (1)(a)(iv) or the requirement in paragraph (1)(b)(iii).".

9Amendment of Form 5A

In Form 5A of the Principal Rules, for

"6.The address of the defendant is—"

substitute—

"6.The email address for service of the plaintiff is—

7.The address of the defendant is—".

10Amendment of Form 5B

In Form 5B of the Principal Rules, for

"5.The address of the defendant is—"

substitute—

"5.The email address for service of the plaintiff is—

6.The address of the defendant is—".

11Amendment of Form 5E

In Form 5E of the Principal Rules, for

"5.[If there is a defendant] The address of the defendant is—"

substitute—

"5.The email address for service of the plaintiff is—

6.[If there is a defendant] The address of the defendant is—".

12Amendment of Form 8A

In Form 8A of the Principal Rules, before

"*delete if not applicable."

insert—

"The email address for service of the defendant is [insert email address].".

13Amendment of Form 11A

In Form 11A of the Principal Rules, for items 2 and 3 substitute—

"2.The address of the defendant is—

3.The address for service of the defendant is—

3A.The email address for service of the defendant is—

4.The address of the third party is—".

Dated:    29 August 2017

P. B. KIDD, Chief Judge	F. S. SACCARDO
R. A. LEWITAN	G. P. MULLALY
G. G. HICKS	J. L. PARRISH
J. A. SMALLWOOD	M. H. TINNEY
S. M. COHEN	G. T. CANNON
M. E. SEXTON	J. F. CARMODY
I. E. LAWSON	R. H. SMITH
E. M. GAYNOR	M. F. MACNAMARA
J. A. CAMPTON	W. E. STUART
W. A. WILMOTH	J. A. JORDAN
F. MILLANE	P. J. COSGRAVE
S. S. DAVIS	G. F. MEREDITH
F. P. HAMPEL	R. W. DYER
J. G. MORRISH	C. M. QUIN
C. M. O'NEILL	A. J. CHAMBERS
P. G. MISSO	A. J. TSALAMANDRIS
J. M. J. PATRICK	S. L. MARKS
P. G. LACAVA	E .W. WOODWARD

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Endnotes

[1] Rule 4: S.R. No. 148/2008. Reprint No. 3 as at 1 March 2016. Reprinted to S.R. No 162/2015. Subsequently amended by S.R. Nos 43/2016, 144/2016, 21/2017 and 36/2017.