Supreme Court (Commercial, TEC and Intellectual Property Lists Amendment) Rules 2014 (Vic)
Supreme Court (Commercial, TEC and Intellectual Property Lists Amendment) Rules 2014
S.R. No. 47/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Objects
2Authorising provisions
3Commencement
PART 2—AMENDMENT OF CHAPTER II
4New Rule 1.05.1—Chapter II
1.05.1Definitions
5Order 2 substituted
ORDER 2
COMMERCIAL LIST
2.01Definitions
2.02Commercial List Judges to manage cases in List
2.03Entry into Commercial List
2.04Directions
2.05No certificate of readiness
2.06Removal from Commercial List
2.07Summary judgment
6Order 3 substituted
ORDER 3
TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST
3.01Definitions
3.02TEC List Judges to manage cases in List
3.03Entry into TEC List
3.04Directions
3.05Removal from TEC List
PART 3—AMENDMENT OF CHAPTER VIII
7Definitions—Chapter VIII
8Judge of the Court to control list
9Entry into Intellectual Property List
10Removal from List
11Rule 2.04 substituted
2.04Directions
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 47/2014
Supreme Court Act 1986
Supreme Court (Commercial, TEC and Intellectual Property Lists Amendment) Rules 2014
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1Objects
The objects of these Rules are to amend Chapter II and Chapter VIII of the Rules of the Supreme Court in relation to the Commercial, TEC and Intellectual Property Lists and to facilitate the use of the RedCrest electronic case management system in those Lists.
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 July 2014.
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PART 2—AMENDMENT OF CHAPTER II
4New Rule 1.05.1—Chapter II
After Rule 1.05 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[1] insert—
"1.05.1 Definitions
In these Rules—
RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time.".
5Order 2 substituted
For Order 2 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—
"ORDER 2
COMMERCIAL LIST
2.01Definitions
In this Order—
Commercial List or List means the list of Judge managed commercial proceedings compiled by the Prothonotary;
Commercial List Judge means a Judge of the Court nominated by the Chief Justice to be a Commercial List Judge;
commercial proceeding means any proceeding commenced by writ, originating motion or originating process in Form 5F of Chapter I—
(a)which arises out of ordinary commercial transactions, including any proceeding relating to—
(i)the construction of commercial, shipping or transport documents;
(ii)the export or import of merchandise;
(iii)the carriage of goods for the purpose of trade or commerce;
(iv)insurance;
(v)banking;
(vi)finance;
(vii)commercial agency;
(viii)commercial usage; or
(b)in which there is a question that has importance in trade or commerce.
2.02Commercial List Judges to manage cases in List
(1)Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a Commercial List Judge.
(2)The powers of the Court in relation to a proceeding in the Commercial List may be exercised by a Judge of the Court other than a Commercial List Judge—
(a)if a Commercial List Judge so requests; or
(b)if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.
(3)Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the Commercial List on a reference by or by leave of a Commercial List Judge.
(4)Subject to paragraph (2) and Rule 1.11(5), an appeal from any judgment given or order made by an Associate Judge in a proceeding in the List shall be heard by a Commercial List Judge.
2.03Entry into Commercial List
(1)At the option of the plaintiff, the originating process in a commercial proceeding may be marked in the top left-hand corner with the words "Commercial List" and, on the filing of an originating process so marked, the proceeding is taken to be entered in the List.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
(2)Any party to a commercial proceeding in which the originating process has not been so marked may apply to a Commercial List Judge for an order entering the proceeding in the Commercial List.
Note
See Rule 28A.01(2) of Chapter I (electronic filing in RedCrest).
2.04Directions
A Commercial List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
Note
Where a proceeding is commenced by electronic filing of the originating process in RedCrest under Order 28A of Chapter I, a date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I.
2.05No certificate of readiness
No certificate of readiness for trial shall be necessary in a commercial proceeding.
2.06Removal from Commercial List
A Commercial List Judge may at any time order that a proceeding in the Commercial List be removed from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).
2.07Summary judgment
Nothing in this Order shall prevent a party from applying under Order 21, 22 or 23 of Chapter I or Part 4.4 of Chapter 4 of the Civil Procedure Act 2010.
__________________".
6Order 3 substituted
For Order 3 of the Supreme Court (Miscellaneous Civil Proceedings) 2008 substitute—
"ORDER 3
TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST
3.01Definitions
In this Order—
technology includes—
(a)telecommunications equipment, devices, systems and networks;
(b)computers, computer modules, computer systems and networks and computer software;
(c)electrical circuits and circuit boards;
(d)machines or machinery;
(e)processing operations and facilities;
(f)any component, module, equipment, machine or system which is produced by the application of technology, mechanics or applied science;
technology, engineering and construction case and TEC case means any proceeding in relation to—
(a)the design or carrying out of TEC works;
(b)the supervision or inspection of the construction of TEC works;
(c)the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of TEC works;
(d)the manufacture or provision of any materials for inclusion in TEC works;
(e)the performance of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature;
(f)the sale or supply of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature—
but does not include any proceeding that includes a claim for personal injury;
Technology, Engineering and Construction List, TEC List or List means the list of Judge managed technology, engineering and construction cases compiled by the Prothonotary;
TEC List Judge means a Judge of the Court nominated by the Chief Justice to be a TEC List Judge;
TEC works means technology, engineering or building construction works of any description whatsoever.
3.02TEC List Judges to manage cases in List
(1)Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a TEC List Judge.
(2)The powers of the Court in relation to a proceeding in the TEC List may be exercised by a Judge of the Court other than a TEC List Judge—
(a)if a TEC List Judge so requests; or
(b)if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.
(3)Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the TEC List on a reference by or by leave of a TEC List Judge.
3.03Entry into TEC List
(1)At the option of the plaintiff, the originating process in a TEC case may be marked in the top left-hand corner with the words "TEC List" and, on the filing of an originating process so marked, the proceeding is taken to be entered in the List.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
(2)Any party in a TEC case in which the originating process has not been so marked may apply to a TEC List Judge for an order entering the proceeding in the TEC List.
(3)By leave of a TEC List Judge, a proceeding may be entered in the TEC List upon a reference from another Judge or an Associate Judge.
Note
See Rule 28A.01(2) of Chapter I (electronic filing in RedCrest).
3.04Directions
A TEC List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
Note
Where a proceeding is commenced by electronic filing of the originating process in RedCrest under Order 28A of Chapter I, a date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I.
3.05Removal from TEC List
A TEC List Judge may at any time order that a proceeding in the TEC List be removed from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).
__________________".
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PART 3—AMENDMENT OF CHAPTER VIII
7Definitions—Chapter VIII
In Rule 1.06(1) of the Supreme Court (Intellectual Property) Rules 2006[2] insert the following definition—
'RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time;'.
8Judge of the Court to control list
In Rule 2.01(3) of the Supreme Court (Intellectual Property) Rules 2006 after "special" insert "or urgent".
9Entry into Intellectual Property List
(1)In Rule 2.02(1) of the Supreme Court (Intellectual Property) Rules 2006—
(a)after "originating motion" insert
", originating process in Form 5F of Chapter I";
(b)for "shall" substitute "is taken to".
(2)At the foot of Rule 2.02(1) of the Supreme Court (Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).".
(3)At the foot of Rule 2.02(3) of the Supreme Court (Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(2) of Chapter I (electronic filing in RedCrest).".
10Removal from List
At the foot of Rule 2.03 of the Supreme Court (Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).".
11Rule 2.04 substituted
For Rule 2.04 of the Supreme Court (Intellectual Property) Rules 2006 substitute—
"2.04 Directions
(1)The Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.
Note
Where a proceeding is commenced by electronic filing of the originating process in RedCrest under Order 28A of Chapter I, a date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I.
(2)Without limiting paragraph (1), the Judge may make orders with respect to—
(a)the defining of the issues by pleadings or otherwise;
(b)any amendment of pleadings;
(c)any counterclaim;
(d)particulars;
(e)discovery and inspection of documents;
(f)admissions of fact or of documents;
(g)the joinder of parties;
(h)the mode and sufficiency of service;
(i)interrogatories;
(j)the inspection of any property or thing;
(k)the filing and service of affidavits;
(l)the disclosure of reports of experts;
(m)the filing and exchange of signed statements of evidence of intended witnesses and their use in evidence at the hearing;
(n)the making of any experiment, test or report;
(o)the appointment of a Court expert under Order 10 of these Rules;
(p)defining and limiting the issues to be tried, restricting the number of witnesses and otherwise ensuring that the case is disposed of expeditiously;
(q)documents prepared by the parties;
(r)the place, time and mode of hearing;
(s)the giving of evidence at the hearing, including whether evidence in chief of witnesses shall be given orally or by affidavit or affirmation;
(t)costs.".
Dated: 29 May 2014
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
PHILLIP PRIEST, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
K. WILLIAMS, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
JACK FORREST, J.
JAMES JUDD, J.
PETER VICKERY, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
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ENDNOTES
[1] Rule 4: S.R. No. 94/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 109/2009.
[2] Rule 7: S.R. No. 163/2006 as amended by S.R. No. 100/2008.
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