These Rules constitute Chapter I of the Rules of the Supreme Court and are entitled the Supreme Court (General Civil Procedure) Rules 2025.
The object of these Rules is to re-make the general rules of procedure in civil proceedings to constitute a new Chapter I of the Rules of the Supreme Court.
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
These Rules come into operation on 8 September 2025.
The Rules listed in Schedule 1 are revoked.
In this Part—
commencement date means 8 September 2025;
former Rules means the Supreme Court (General Civil Procedure) Rules 2015;
pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied.
Subject to this Rule and to any transitional or other provision in these Rules to the contrary, these Rules apply to every civil proceeding commenced in the Court whether before, on or after the commencement date.
These Rules do not apply to a civil proceeding to which any other Chapter of the Rules of the Supreme Court applies except as that Chapter provides.
The revocation of the former Rules does not affect anything done or omitted to be done in a pending proceeding and, except as provided in this Part, anything so done or omitted is taken to have been done or omitted under these Rules.
Nothing in these Rules shall limit the jurisdiction, power or authority which the Court had immediately before the commencement date.
1.07–1.11 * * * * *
Note
There are currently no Rules 1.07 to 1.11.
Unless the Court otherwise orders, subject to paragraph (2), these Rules apply, with any necessary modification, to an order for review under the Administrative Law Act 1978.
A proceeding of a kind referred to in paragraph (1) shall not be commenced by writ or originating motion.
In these Rules, unless the context or subject matter otherwise requires—
Act includes any Act passed by the Parliament of the Commonwealth;
Australia has the meaning ascribed by the Service and Execution of Process Act 1992 of the Commonwealth;
bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
bodily injury includes any impairment of mental condition or disease;
Convention, other than in Order 80, means a Convention with a foreign country, made with or made and extended to the Commonwealth of Australia or the State of Victoria, with respect to legal proceedings in civil or criminal matters;
Convention country, other than in Order 80, means a foreign country to which a Convention applies;
corporation means any body corporate, whether formed within or out of Victoria;
defendant includes respondent;
discovery includes discovery and inspection of documents and discovery by written interrogatories or oral examination, and make discovery of documents means make an affidavit of documents complying with the requirements of these Rules, file the affidavit and serve a copy on the party or person entitled to the discovery;
judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
judicial officer means—
Judge of the Court;
Associate Judge;
judicial registrar;
officer, in relation to a corporation, means director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person or persons;
order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding;
originating process means any process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim;
pdf., in relation to a document, means portable document format;
pleading includes an indorsement of claim on a writ which constitutes a statement of claim, and includes particulars of any pleading;
practice note means any practice note issued from time to time by or on behalf of the Chief Justice;
proceeding means any matter in the Court commenced by writ or originating motion or as otherwise provided by or under any Act or these Rules;
question means any question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by any party or by any person not a party who has a sufficient interest;
RedCrest means the electronic filing system in operation in the Court from time to time;
Registrar means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;
sheriff includes—
the sheriff employed under section 6 of the Sheriff Act 2009; and
any person to whom a warrant referred to in these Rules is directed;
the Act means the Supreme Court Act 1986.
In these Rules, unless the context or subject matter otherwise requires—
a reference to a Judge of the Court is a reference to the Court constituted by a Judge of the Court;
a reference to an Associate Judge is a reference to the Court constituted by an Associate Judge;
a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;
a reference to the Costs Court is a reference to—
the Costs Court constituted by a Costs Judge or by a judicial registrar; and
the exercise of a power of the Costs Court by a judicial registrar, Costs Registrar or a Deputy Costs Registrar.
a reference to a judicial officer is a reference to the Court constituted by the relevant judicial officer.
Where these Rules prescribe a form for use, that form shall be used with any necessary variation or modification.
In exercising any power under these Rules the Court—
shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined;
may give any direction or impose any term or condition it thinks fit.
The Court may exercise any power under these Rules—
of its own motion; or
on the application of a party or of any person who has a sufficient interest.
Any Associate Judge may exercise any power or authority conferred on the Registrar by or under these Rules.
Where the manner or form of the procedure—
for commencing, or for taking any step, in a proceeding; or
by which the jurisdiction, power or authority of the Court is exercisable—
is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions.
An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.
An application for directions with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.
Where the Court makes an order that a corporation do any act, it may order that the act be done by the corporation by its appropriate officer.
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