Practice Note CM 20

J L B Allsop, Chief Justice 03 September 2014

This Practice Note is REVOKED

On 25 October 2016, as part of the National Court Framework (NCF) reforms, all existing practice notes were revoked and 26 new national practice notes were issued, effective immediately.

To assist Court users to understand these practice note changes, the Court has prepared:

Ex parte applications for substituted service in bankruptcy proceedings and applications for examination summonses under section 81 Bankruptcy Act 1966 and sections 596A and 596B Corporations Act 2001

Word version (41.5 kb)

Practice Note CM 20 issued on 12 April 2013 is revoked and the following Practice Note is substituted.

1.    Types of matters

1.1    Applications for orders for substituted service of bankruptcy notices or creditor’s petitions or for issue of examination summonses under section 81 Bankruptcy Act 1966 or sections 596A and 596B Corporations Act 2001 will ordinarily be dealt with online by hearings in eCourtroom. eCourtroom is a virtual courtroom that assists in the management of pre-trial matters by allowing directions and other orders to be made online.

2.    Filing

2.1    To apply for an order for substituted service in Bankruptcy matters, litigants should commence proceedings and file applications through eLodgment. In doing so, ex parte hearings should be requested and it should be explained that this is to consider the need for substituted service orders.

2.2     Applications for issue of examination summonses under section 81 Bankruptcy Act or sections 596A and 596B Corporations Act should also normally be eLodged unless of their size prevents this (see paragraphs 4.3 and 6.3 Practice Note CM 23 for information about eLodgment file limitations, eLodgment of larger documents notwithstanding and ways to reduce document size). Similarly, in doing so, ex parte hearings should be requested and it should be explained that this is to consider the issue of an examination summons. As requested or required, the “confidential” box should be also checked and an appropriate explanation provided (see paragraph 7.6 (b) or (c) Practice Note CM 23).

2.3    Once lodged, applications will be given a return date with the location as “eCourtroom”. Practitioners must ensure that when an application is lodged, the full name and email address of the practitioner who will be conducting the eCourtroom hearing is provided at the foot of the first page of the application. More than one practitioner’s name and email address may be provided.

3.    Registering for eCourtroom

3.1    Each practitioner can create a unique user name and password through the registration process before using eCourtroom for the first time. An email notification will be sent to practitioners that the registration has been accepted by the Court and the user name and password (created by the practitioner during the registration process) can then be used to log on to eCourtroom. A link to eCourtroom is available on the Court’s website (www.fedcourt.gov.au).

4.    Sign up to Particular Matter

4.1    For each application, practitioners will receive a further email notifying them that the particular matter has been set up in eCourtroom. The Registrar allocated to deal with the matter will then communicate with each practitioner.

4.2    Before or on the eCourtroom return date the Registrar will:

  • consider the filed evidence, any communications and the draft orders forwarded by the applicant.
  • make appropriate orders, notify parties (applicant in these ex parte matters) and provide a sealed copy of the order.

4.3    It is anticipated that these matters will be initially considered within 10 business days of filing and be dealt with no later than the listed eCourtroom date on the application.

4.4    eCourtroom can be found at www.ecourtroom.fedcourt.gov.au or by contacting the Registry during business hours on:

ACT:  (02) 6267 0666

NSW:  (02) 9230 8567

NT:   (08) 8941 2333

QLD:  (07) 3248 1100

SA:  (08) 8219 1000

TAS:  (03) 6232 1615

VIC:  (03) 8600 3333

WA:   (08) 9268 7100