1

Form 2A

Rules 2.2 and 15A.3

IN THE SUPREME COURT OF VICTORIA AT melbourne

COMMERCIAL COURT

REDCREST CORPORATIONS LIST

IN THE MATTER OF [Full name of corporation to which the proceeding relates][and, if applicable, the words "(in liquidation)", "(receiver appointed)","(receiver and manager appointed)", "(controller acting)", or "(under administration")]

ABN or ACN or ARBN:[insert ABN or ACN or ARBN]

BETWEEN

Click here to enter text.

[In the field above titled Click here to enter text, insert NAME of FIRST PLAINTIFF ONLY. If more than 1 plaintiff, add here "(and others according to schedule 1)"]

Plaintiff(s)

and

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[In the field above titled Click here to enter text, insert NAME of FIRST DEFENDANT ONLY. If more than 1 defendant, add here "(and others according to schedule 1)"]

Defendant(s)

Originating process–REDCREST (CORPORATIONS)

Date of document: Click here to enter a date.
Filed on behalf of: The Plaintiff
Prepared by:
[Name of firm]
Lawyers
[street address]
[suburb, state, postcode] / Solicitor's Code:
DX:
Tel: (03)
Fax: (03)
Ref:
Case Manager: [name]
Case Manager Email:
  1. DETAILS OF APPLICATION

This application is made under [*section /*regulation][number] of the[Please click on the checkbox of either Corporations Act or Other]☐Corporations Act 2001 (Cth)☐Other[*If OTHER is selected, please insert *ASIC Act/ *Cross-Border Insolvency Act/*Corporations Regulations, whichever is applicable].

[In the field below titled Click here to enter text, state briefly the nature of the proceeding, e.g. oppression proceeding or application by liquidator for directions.]

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On the facts stated in the supporting affidavit(s), the plaintiff claims–

[In the field below titled Click here to enter text, state a BRIEF SUMMARY of the plaintiff's claims - this is in addition to the standard Prayer For Relief]

Click here to enter text.

Application Hearing Time Estimate: [Estimate the length of the hearing time. In the fields below, insert the estimated minimum and the estimated maximum number of days for the hearing eg. 1 to 2 days. Please use whole numbers only]

Click here to enter text. to Click here to enter text. days

Date:

......

Signature of plaintiff orplaintiff’slegal practitioner. The electronic version is to be
signed in accordance with the RedCrestprotocol for signaturese.g. /s/ Jane Doe or s/ John Doe.

This application will be heard by a Corporations List Judge at 210 William Street Melbourne at a time to be fixed by the Court.

  1. NOTICE TO DEFENDANT(S)

TO: [name and address of each defendant (if any)]:

This originating process has been filed electronically in the Court's Case Management System known as RedCrest.
If you or your legal practitioner do not appear before the Court at the time fixed by the Court, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen–

(a)the application may be heard and final relief given;

(b)directions may be given for the future conduct of the proceeding;

(c)any interlocutory application may be heard.

Before appearing before the Court, you must file a notice of appearance in the prescribed form and serve a copy of it on the plaintiff. The procedure for filing a notice of appearance is set out in Schedule 2 below.

Note: Except with the leave of the Court, a defendant that is a corporation cannot appear at a hearing otherwise than by a legal practitioner.

  1. FILING

This originating process is filed by [name] for the plaintiff.

  1. SERVICE

The plaintiff’s address for service is [address of plaintiff's legal practitioner or of plaintiff].

*[Where plaintiff appears in person]

Email address is:

Contact telephone number is:

*[Where plaintiff appears by a legal practitioner]

The name or firm and the business address within Victoria of the case manager legal practitioner for the plaintiff is:

Name of the case manager legal practitioner within the firm is:

Individual email address of the case manager legal practitioner within the firm is:

Contact telephone number of the case manager legal practitioner is:

*It is not intended to serve a copy of this originating process on any person.

[OR]

*It is intended to serve a copy of this originating process on each defendant and on any person listed below:

[name of defendant and any other person on whom a copy of the originating process is to be served]

[Complete the following section if the time for service has been abridged]

The time by which a copy of this originating process is to be served has been abridged by order made by [name of Judge of the Court] on [date] to [time and date].

SCHEDULE 1

SCHEDULE OF PARTIES

[If applicable, please list all parties in the proceeding and appropriate descriptions]

SCHEDULE 2

FILING AN APPEARANCE IN REDCREST

RedCrest

All documents to be filed in this proceeding must be filed in RedCrest unless the Court has otherwise ordered in a particular case or unless documents cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest.

These Instructions

The Notice of Appearance is an important document. These instructions set out the basic steps for filing a Notice of Appearance in RedCrest.

Self-represented persons – Filing a Notice of Appearance

A self-represented person who is served with an Originating Process–RedCrest and who wishes to contest the claim must–

  1. Complete the Notice of Appearance–RedCrest (Corporations) (Form 4A); and
  2. Within the time stated in the Originating Process–RedCrest (Corporations), deliver the Notice of Appearance to the Supreme Court Registry.

Assistance will be given by Registry staff to ensure that the Notice of Appearance is correctly completed. Registry staff will then file the Notice of Appearance into the electronic file for the proceeding. There will also be an instruction manual available at Registry for all users.
Persons Represented by a Solicitor – Filing a Notice of Appearance

A solicitor who is required to file a Notice of Appearance on behalf of a client must follow the steps below. These are described in more detail in the online instruction manual available on the RedCrest public homepage

  1. If you do not have a username and password for RedCrest, complete and submit the application form available on the RedCrest public homepage at: ("Username and Password Applications"), and await processing and email advice for the assigned username and password. This will usually be provided within 24 hours (weekdays).
  2. Assign your practitioner particulars to this case in accordance with the instruction manual.
  3. Complete the Notice of Appearance–RedCrest (Corporations) (Form 4A) using the online form available from the RedCrest public homepage.
  4. File the Notice of Appearance in the case page file for the matter in the manner described in the online instruction manual.
  5. If, by virtue of an order of the Court you are not required to file the Notice of Appearance in RedCrest or the Notice of Appearance cannot be filed in RedCrest because of an impediment affecting RedCrest itself or affecting general access to RedCrest, then you must file a Notice of Appearance–RedCrest (Corporations) (Form 4A) in paper form or such other form or manner as the Prothonotary may allow at the Supreme Court Registry.
  6. For further filings, follow the online instruction manual for the operation of RedCrest available on the RedCrest public homepage

Any Questions?

If you have any questions, please call the RedCrest Help Desk or contact the Supreme Court Registry.

RedCrest Help Desk Contact Details: See RedCrest public homepage.

Supreme Court Registry Level 1, 436 Lonsdale St Melbourne, Tel: (03) 9603 9300, Hours. 9:30 am to 4:00 pm each business day.

*complete or delete as appropriate.