Civil eFiling

Mandatory eFiling commenced on 1 August 2016.

A reminder that the proper basis certification and overarching obligation certificates may be eFiled free of the CITEC service charge (currently $17.60) and a request to enter a list document is not required to be filed at all.

The following documents can now also be eFiled free of the CITEC service charge. 

  2OAU

  Authenticated Orders

  3JF2

  Jury fee - 2nd - 6th day

  3JF7

  Jury fee - 7th day (and subsequent days)

  3HF2

  Hearing Fee 2nd - 4th day

  3HF5

  Hearing Fee 5th - 9th day

  3HF10

  Hearing Fee 10th day (and subsequent days)

The Court also reminds you that under Rule 28.13 of the County Court Civil Rules, exhibits to affidavits may not be eFiled.

However this does not apply to exhibits in:

  •  applications to extend the validity of a writ;

  •  applications for substituted service;

  •  applications for leave to proceed;

  •  applications for default judgments;

  •  where a party fails to comply with an order;

  •  or for leave to issue a warrant.

If the affidavit falls outside the above scenarios and relates to the Commercial List, the exhibits may be emailed to the relevant Chambers. 

Important

CITEC Confirm is the Court's eFiling provider. To register for eFiling please contact them on 1800 773 773 or via their website www.confirm.citec.com.au

See below for the Court's Guide to eFiling. The documents on page 14 are required to be eFiled from august 1 2016.

 File Guide to eFiling_VO5 - 25 July 2016-updated-v1.2.docx 

However currently the following documents are not available on eFiling and will continue to be filed manually at the Registry counter or by post: 

  • ex parte applications;

  • applications pursuant to the Building and Construction Industry Security of Payment Act 2002;

  • registration of interstate judgments and VCAT orders;

  • confiscation List documents;

  • file Search applications;

  • videolink applications;

  • infant compromise documents ;

  • fee waiver applications;

  • documents over 2MB in size.

The Court plans to add them to eFiling and, as each document is made available to eFile, the relevant information will be published on the Court's website and CITEC's website.

The following documents may NOT be filed electronically pursuant to Rule 28.13(1) and this will not be changed.

  • court Books;

  • documents produced in answer to a subpoena;

  • exhibits to an Affidavit except for exhibits in applications to extend the validity of a writ, for substituted service, for leave to proceed, for default judgments, where a party fails to comply with an order or for leave to issue a warrant;

  • consent orders (which will continue to be emailed to the Directions Group);

  • documents under the Adoption Act 1984.

Documents that may be filed manually or by eFiling.

  • expert witness Reports

    Expert witness reports over 2MB in size must be filed manually. In relation to expert witness reports under 2 megabites, practitoners must consider whether the Court would be assisted by a manually filed hard copy of the report or whether an eFiled version will suffice.

Who can eFile? 

Legal firms can use eFile. The cost is $17.60 per lodgement with the exception being certification documents which are filed free of charge.

How to eFile with the County Court?

Registration details and instructions for eFiling are available on the CITEC Confirm website.
Please refer to the County Court Guide to eFiling for detailed information on using the eFiling service for County Court matters. 

Guide to eFiling_VO5 - 25 July 2016-updated-v1.2.docx View/Download File type vnd.openxmlformats-officedocument.wordprocessingml.document icon (110.04 KB)

Request to Reset Documents Filed in Error via eFiling

Solicitors who have incorrectly submitted a document via eFiling may request to have their documents removed from the eFiling and the Court systems. This can be done by completing the 'Request to Reset Documents Filed in Error' form and returning it to the Court's Client Services team via email: civil.counter@countycourt.vic.gov.au. The Court will consider your request and will respond via email.
PDF iconReset request form.pdf

Request by Interstate Solicitor to Lodge Documents via eFiling

A Solicitor must have a Victorian Legal Services Board Solicitor code number (Victorian Solicitor code) to be able to file in the County Court’s case management system – CLMS. However interstate Solicitors may not have a Victorian Solicitor code.

Solicitors representing a plaintiff must have a business address and an address for service in Victoria under rule 5.07 to initiate a civil process.  Therefore Solicitors representing plaintiffs will always have a Victorian Solicitor code.

Solicitors representing a defendant served in Victoria must have a business address and an address for service in Victoria under rule 8.06. Therefore Solicitors representing defendants served in Victoria will always have a Victorian Solicitor code.

However, 

  1.  A Solicitor representing a defendant who is served interstate under the Service and Execution of Process Act 1992 is only obliged to provide an address for service in Australia;
  2.  A Solicitor representing a defendant who is served in New Zealand under the Trans-Tasman Proceedings Act 2010 is only obliged to provide an address for service in Australia or New Zealand;
  3.  A Solicitor filing a Registration of Interstate Judgment is only obliged to provide an interstate address.

In the above three scenarios, many interstate firms have agencies or business addresses in Victoria and so already have a Victorian solicitor code which they can use. 

If the interstate or overseas Solicitor does not have a Victorian Solicitor code they may apply for a code which will allow them to file with the Court via CITEC. This can be done by downloading and completing the Request by Interstate Solicitor to Lodge Documents via eFiling form. This form must be signed by the solicitor having conduct of the proceeding and submitted to the Court via email to civil.counter@countycourt.vic.gov.au. The Court will consider the request and if it complies with the Rules will provide a code for use on that particular matter only.  Interstate solicitors request for code form.pdf

 

Changes to payment of setting down for trial fees and jury fees in eFiling

As of 17 November 2016 changes will be implemented to the way in which fees are paid on CITEC. The most important change is to the process for paying setting down for trial fees and first day jury fees.

All fees are accessed through Additional Filing function.

Setting down for trial fees

If you act on behalf of a Plaintiff and are paying the setting down for trial fee on or before 4pm on the due date for this payment (as set out in the timetabling orders made by the Court and accessible via Court Connect) then you will use the code 3ESDT (“Efiled-Setting down fee before due date”). No document attachment is required.

If the due date has passed and you are attempting to pay in the 21 days after the due date you should use the code 3ESDO (“Efiled-Setting down fee 21 day period”).

If you act for the Plaintiff – you must attach a letter of consent from the Defendant consenting for you to pay out of time.

If you act for the Defendant – you can simply attach a copy of the relevant Court orders.

If the due date has passed and the 21 day period after the due date has also passed your trial date will be vacated and a Directions Hearing allocated and you will be notified by the Court.  

First day jury fees

If being paid on or before 4pm on the due date (as per the timetabling orders made by the Court and accessible via Court Connect) then you will use the code 3EJF1 (“Efiled-First day jury fee before due date”). No document attachment is required.

If paid in the 14 day period after the due date then you must use the code 3JFO (“First day jury fee 14 day period”). You will be required to attach a document and this would be a copy of the Court order.

Subsequent day trial and jury fees

These no longer require the attachment of a document.