A paperless commercial court

The Supreme Court's commercial court moves closer to being paperless. 

From the start of July 2018 all cases are being initiated, run and archived electronically.  

Since I last posted on this topic here, the Commercial Court has introduced several new features: 

  1. E-filing is now mandatory through Redcrest for all cases in the commercial court, costs court, and common law divisions since 2 July 2018. A Redcrest user guide is here. All lawyers (including counsel) can register for Redcrest here. Citec is gone. New electronic court files now have an "SECI" prefix. Paper files commenced prior to 2 July 2018 retain the "SCI" prefix.

  2. Commencing proceedings: Proceedings can be commenced by writ or originating motion filed as a PDF. Documents are not filed until they are checked by the prothonotary and sealed. Although Redcrest is open 24/7, staff at the prothonotary only work from 9-5 on weekdays. Therefore a document filed at 7pm on Thursday night will be sealed on Friday morning after 9am, but the filing time remains 7pm on Thursday night.

  3. Rule changes: The new rules for e-filing are here. Rule 28A addresses filing. Practice note SC GEN 19 applies.

  4. Filing exhibits. Exhibits will now be filed electronically. Previously, affidavits without exhibits used to be filed in paper at the registry. The paper exhibits were served on the other side, but only handed up to the court at a hearing. Now the entire affidavit with exhibits will be uploaded electronically.

  5. Need to file a paper document in court? The judge can consider the document and accept later e-filing.

  6. Court books: This is a work in progress. Parties should be prepared to file an electronic Court Book for viewing on their own iPads and laptop screens in court. Many judges will have the electronic court-book available on their own computer on the bench. The issue is having documents available on large screens for all persons in the court room (including witnesses) to view simultaneously. A multi-million dollar budget has been secured to install co-ordinated screens and speakers in all courtrooms without the need for paper court books. The screens will be installed incrementally over coming years. In the meanwhile, it is advisable to check with the associate to the judge as to whether paper court books are required in a particular case.

  7. Oppression cases: The oppression pilot which I posted about here is now standard practice. According to Justice Sifris speaking at a bar CPD event last night, of the 99 oppression cases filed since 2017, 63% (approx) have settled. The requirement for short 3-page affidavits setting out the facts and a statement of share value is working well. A longer affidavit (up to 6 pages) will be allowed for matters with complex corporate structures. The court is emphasising brevity in affidavits and submissions, a speedy path to mediation, and resolution within several months for 'standard' cases.

  8. Urgent matters: During business hours call the commercial court registry on 9603 4105. After hours call the duty judge associate on 0439 153 522. Documents and exhibits can be filed in PDF form if ready.

 

Update: The Supreme Court held a seminar on 15 November 2018 regarding ‘Paperless Trials and in-court technology’ available here.