Cl13propertylist First Revision01122018

Supreme Court of Victoria
Practice Note SC CL 13
Property List
1 INTRODUCTION
1.1 The Chief Justice has authorised the issue of the following Practice Note.
1.2 The purpose of this Practice Note is to provide guidance on the operation of the
Property List, a case management list within the Common Law Division of the
Court.
2 DEFINITIONS
2.1 In this Practice Note:
Rules means the Supreme Court (General Civil Procedure) Rules 2015.
3 COMMENCEMENT
3.1 This Practice Note was issued and commences on 1 December 2018 and will
apply to all proceedings in the List whenever commenced.
4 PROCEEDINGS SUITABLE FOR INCLUSION IN THE LIST

4.1 Proceedings in relation to rights over real property are suitable for initiation in
the List, including proceedings:
a) for the recovery of possession of land, including the summary procedure
under Order 53 of the Rules, other than those proceedings appropriate
for judge management in the Commercial Court;
b) seeking sale of land by order of the Court (Order 55 of the Rules);
c) by a vendor or purchaser of land (s 49 of the Property Law Act 1958);
d) for the discharge or modification of a restrictive covenant (s 84 of the
Property Law Act 1958);
e) for the removal of caveats against dealings (s 90(3) of the Transfer of Land
Act 1958);
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f) arising out of the payment of monies into court pursuant to a power of
sale under a mortgage or charge (s 77(3) of the Transfer of Land Act 1958
and s 69 of the Trustee Act 1958);
g) proceedings pursuant to s 89A(3)(b) of the Transfer of Land Act 1958);
h) otherwise arising under or involving the interpretation of the Property
Law Act 1958, the Transfer of Land Act 1958 or the Sale of Land Act 1962
(except where the Victorian Civil and Administrative Tribunal has
exclusive jurisdiction).
4.2 Notwithstanding the above, commercial proceedings involving property
transactions should be initiated in the Commercial Court.
Mortgage Default Proceedings
4.3 For the avoidance of doubt, mortgage default proceedings presently
commenced in the Commercial Court will continue to be so commenced.
Subject to the direction of a Commercial Court Judge, however, mortgage
default proceedings will be managed by the Associate Judges in the Associate
Judges’ Practice Court (Court 2, 436 Lonsdale Street, Melbourne).
5 PROCEDURE FOR ENTRY INTO THE LIST

5.1 Proceedings should be initiated in the List by endorsing the heading of the
originating process “Property List”. The heading of all subsequent documents
filed in the proceeding should also be endorsed “Property List”.
5.2 If at any time after the initiation of a proceeding it appears to the Court that it
is appropriate to have the proceeding managed in the List, the Court may
transfer the proceeding into the List.
5.3 Conversely, a proceeding initiated in the List may be transferred out of the List
if it appears to the Court that it is appropriate to have the proceeding managed
in a different list.
5.4 No additional fees will be payable for the inclusion of a proceeding in the List.
6 MANAGEMENT OF PROCEEDINGS
6.1 Detailed guidelines and template orders for some common types of
proceedings may be found on the Property List page on the Court’s website.
Caveat Removal Proceedings
6.2 Applications for the removal of caveats against dealings will continue to be
listed by the Practice Court Coordinator in accordance with Practice Note SC
CL 10 “Practice Court (Common Law)” or, in the case of non-urgent
applications, will be referred to the judicial registrar in Charge of Listings for
directions and the fixing of a hearing date.
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Proceedings Generally
6.3 In a proceeding commenced by writ, a first directions hearing will be listed
before an Associate Judge or judicial registrar sitting in the Associate Judges’
Practice Court. The Court will generally notify the parties of the date and time
of the first directions hearing within 14 days of the filing of the first defence.
At the first directions hearing, the Associate Judge or judicial registrar will give
directions for the future conduct of the proceeding.
6.4 Proceedings commenced by originating motion will be listed before an
Associate Judge or judicial registrar sitting in the Associate Judges’ Practice
Court. At the first hearing the Associate Judge or judicial registrar will usually
give directions for the future conduct of the proceeding. In some matters the
proceeding may be dealt with at the first hearing. 1
6.5 Proceedings will remain with the same Associate Judge or judicial registrar for
all future hearings on their relevant docket until allocated to a Trial Judge. In
the event that the matter is within the jurisdiction of the relevant judicial officer,
it will usually be heard and determined by them. Interlocutory applications
may be listed by following the usual process for applications in the Associate
Judges’ Practice Court. Once a proceeding is under management by an
Associate Judge or judicial registrar, interlocutory applications may be made
via the Principal Registry of the Court by contacting the Registry Applications
Coordinator or by mentioning the proposed application at a directions hearing
before the judicial officer managing the proceeding. The Registry Applications
Coordinator should be contacted via [email protected].
6.6 Parties should refer to the instructions for obtaining a hearing date in the
Associate Judges’ Practice Court whenever seeking a return date for a
summons before an Associate Judge.
6.7 Where appropriate, parties are encouraged to prepare proposed consent orders
in advance of the hearings, with a view to obtaining orders by consent without
the need for an appearance. The parties should email minutes of consent in
both Word and signed PDF format to the Associate to the Associate Judge or
judicial registrar managing the proceeding copying also
[email protected], by 4.00pm at least two days prior to the hearing.
Parties are required to appear at the hearing unless otherwise advised by the
Court.
7 FINAL DIRECTIONS HEARING

7.1 Where warranted by subject matter or complexity, the proceeding will be
referred to a final directions hearing before the Judge in Charge of the List prior
to the trial date. The solicitor with conduct of the proceeding (or counsel, if
briefed) should appear at the final directions hearing.
1
For example, applications for the recovery of possession of land under the summary procedure: see
Order 53.
3
7.2 At the final directions hearing, each party should be in a position to:
a) confirm the proceeding is ready for trial;
b) provide the Court with a draft trial plan with an estimate of the number
of sitting days; and detailing the time allowed for:
i. openings by each party;
ii. examination and cross-examination of each witness (including
names of each lay and expert witness);
iii. closing submissions of each party;
c) confirm the name and contact details of the practitioner with conduct of
the proceeding and counsel briefed for trial;
d) confirm payment of the trial fee;
e) identify any outstanding interlocutory issues or proposed amendments
to pleadings; and
f) identify the main issue(s) in dispute.
8 USE OF TECHNOLOGY
8.1 The provisions of Practice Note SC Gen 5 “Guidelines for the Use of
Technology” apply to proceedings in the List.
8.2 For the purposes of paragraph 9.11 of that Practice Note, documentary
evidence in excess of 1500 pages is to be considered a large amount of
documentary evidence.
9 COMMUNICATIONS WITH THE COURT

9.1 At all stages of the proceeding, communications with the Court in relation to
matters in the List should be by email with a copy to all other parties in the
proceeding, and should be confined to uncontroversial matters. Contact details
for all associates and for the Practice Court Coordinator are on the Court
website.
9.2 Parties are reminded that pursuant to rule 27.03(11)(b) of the Supreme Court
(General Civil Procedure) Rules 2015, all court documents must include the name
and email address of an individual to whom reference can be made in respect
of the proceeding.
10 TRANSCRIPT
10.1 Practice Note SC Gen 7 is applicable to the requirements for transcript in
relation to proceedings in the List.
10.2 For the purposes of Practice Note SC Gen 7, unless in a particular case parties
are advised otherwise:
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a) ‘Real-Time’ transcript is not required for any proceeding in the List;
b) ‘Running’ transcript (as distinct from ‘Real-Time’ transcript and
from ‘Deferred’ transcript) is required for all trials in the List; and
c) transcript is not required at all for directions hearings or
interlocutory applications.
11 FURTHER INFORMATION
11.1 The Court’s website (www.supremecourt.vic.gov.au) includes a page
dedicated to the List with up to date information about the operation of the List
including:
a) Judicial officers managing the List;
b) links to this Practice Note in Word and PDF formats;
c) guidelines in relation to applications for the modification or discharge
of restrictive covenants.
AMENDMENT HISTORY
30 January 2017: This Practice Note was issued on 30 January 2017 and replaced
Practice Note No 5 of 2016.
1 December 2018: Amendments to paragraphs 3, 6, 10 & 11.
Vivienne Macgillivray
Executive Associate to the Chief Justice
1 December 2018

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Supreme Court of Victoria

4 PROCEEDINGS SUITABLE FOR INCLUSION IN THE LIST

5 PROCEDURE FOR ENTRY INTO THE LIST

7 FINAL DIRECTIONS HEARING

9 COMMUNICATIONS WITH THE COURT

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