Supreme Court (Chapter I Substituted Service Amendment) Rules 2022 (Vic)

Supreme Court (Chapter I Substituted Service Amendment) Rules 2022

S.R. No. 132/2022

table of provisions

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5How ordinary service effected

6Substituted service

═════════════

Endnotes

statutory rules 2022

S.R. No. 132/2022

Supreme Court Act 1986

Supreme Court (Chapter I Substituted Service Amendment) Rules 2022

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to provide for further requirements for substituted service by email.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 1 February 2023.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2015[1] are called the Principal Rules.

5How ordinary service effected

(1)In Rule 6.07(2.2) of the Principal Rules, after "operative hyperlink" insert "(which must not expire before 120 days after the email is sent)".

(2)For Rule 6.07(2.4) of the Principal Rules substitute—

"(2.4)A document (including any affidavit) that is more than 10 megabytes may be sent—

(a)by multiple emails, none of which exceeds 10 megabytes; or

(b)by operative hyperlink which must not expire before 120 days after the email is sent.".

6Substituted service

After Rule 6.10(1) of the Principal Rules insert—

"(1.1)Unless the Court otherwise orders, where an order under paragraph (1) specifies that a step to be taken includes service by email, the order shall require that the email contain within the body of the email, in the same size font as the rest of that part of the email, the following—

(a)a statement that the email has been sent pursuant to an order of the Supreme Court of Victoria;

(b)the address of the Court's website ( together with a statement that the website may be found by using a search engine without the need to use this address directly;

(c)where applicable, the name of the judicial officer in charge of the conduct of the proceeding, together with the contact details of that judicial officer's associate;

(d)a statement that the judicial officer's associate may be contacted, and that their contact details are available on the Supreme Court website, to verify the existence of the proceeding and the fact that the court order for substituted service has been made;

(e)where applicable—

(i)the name, address and telephone number of the solicitor's firm of the originating party;

(ii)the name and email address of an individual in the firm of solicitors to whom reference can be made in respect of the proceeding;

(f)any other matter that the Court considers should be included in the email.

(1.2)Paragraph (1.1) applies in addition to the requirements for service by email under Rule 6.07(2.2) to (2.4).".

Dated:   16 December 2022

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

S. G. E. MCLEISH, J.A.

R. NIALL, J.A.

M. L. SIFRIS, J.A.

MAREE KENNEDY, J.A.

LESLEY TAYLOR, J.A.

ANTHONY CAVANOUGH, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

MICHAEL MCDONALD, J.

RITA INCERTI, J.

JANE DIXON, J.

A. J. KEOGH, J.

M. N. CONNOCK, J.

MELINDA RICHARDS, J.

S. J. MOORE, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

STEPHEN O'MEARA, J.

RICHARD ATTIWILL, J.

AMANDA FOX, J.

═════════════

Endnotes

[1] Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 38/2019, 73/2019, 90/2019, 122/2019, 124/2019, 29/2020, 30/2020, 57/2020, 98/2020, 16/2021, 17/2021, 105/2021, 144/2021 and 34/2022.