Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 5.11.

Filing of originating process

5.11. Filing of originating process



(1) A proceeding shall be commenced by filing the originating process.

(1A) An originating process is filed-

   (a)  when the Prothonotary receives the originating process and seals and
        dates it; or

   (b)  in the case of an originating process retrieved electronically by the
        Prothonotary, when it is taken to be accepted for filing under Rule
        28.10(3) or (4).

(2) The originating process filed shall be signed by the solicitor for the
plaintiff or by the plaintiff where the plaintiff sues in person, but need not
be signed by the Prothonotary.

(3) Subject to Rule 28.12, upon an originating process being filed or at any
later time, the Prothonotary, on the request of the plaintiff, shall seal a
sufficient number of copies of the originating process for service and proof
of service.

(4) In a proceeding commenced by originating motion, where the relief or
remedy sought includes the construction of any instrument other than an Act, a
copy of the instrument or, where it exceeds 25 pages, of the relevant parts
shall be lodged with the Prothonotary at the time the originating motion is
filed and, if the originating motion is filed electronically, Part 2 of Order
28 (with any necessary modification) shall apply for the purpose of lodging
the copy.

(5) If the Prothonotary's office is closed and the plaintiff produces an
originating process to the Court and undertakes that the originating process
will be lodged in the Prothonotary's office on the day the office is next
open-

   (a)  the Court may initial the originating process and such number of
        copies as are required for service or proof of service; and

   (b)  upon such initialling the originating process shall be taken to have
        been filed.