County Court Rule Change - Service by Email

September 1, 2017

The County Court (Chapter I Email Service Amendment) Rules 2017 will come into effect from 1 September 2017. The amendments require parties in civil matters to include an email address for service in documents filed with the Court and provide that ordinary service may be effected by email to that address. This supplements the provisions of the Electronic Transactions (Victoria) Act 2000 so as to facilitate the efficient and timely practice of service by email. 

The amendments provide for documents to be served either as attachments to a covering email (where they do not exceed 10 megabytes) or by means of including in the email an operative hyperlink to the documents being served. 

Practitioners are encouraged to take action to ensure compliance with the new Rules. This may include updating precedents and, if necessary, adjusting systems. It will be necessary for individual practitioners and firms to ensure that email accounts nominated for receipt of service are monitored in the same way that hard copy mail systems have been in the past, including during the absence of an individual practitioner. 

Updated versions of the following forms are available on the County Court website:

  • Writ – Form 5A
  • Originating Motion – Form 5B
  • Notice of Appearance – Form 8A
  • Third Party Notice – Form 11A
  • Notice of Solicitor Acting
  • Notice of Solicitor Ceasing to Act

 A new form Change of Email Address for Service has also been made available on the County Court website and can be eFiled via CITEC.