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Practice notes

Every Issue

Cite as: (2007) 81(7) LIJ, p. 78


Federal Court

New arrangements for the provision of real-time court reporting services

The Federal Court has established new arrangements for the provision of real-time transcript services to the Court and parties.

Under the new arrangements all real-time transcript services, including the use of these services for electronic trials, are to be arranged and managed by the Court’s national court reporting contractor Auscript Australasia Pty Ltd. However, the parties will continue to select the real-time provider of their choice.

The Court’s court reporting contractor will be responsible for:

  • ascertaining the requirements of the Court (the judge) and the parties;
  • coordinating the provision of services between the parties, the real-time provider and the Court;
  • setting up the courtroom for use of real-time transcript services;
  • providing ongoing technical support for the duration of the real-time matter; and
  • providing the court transcript at the conclusion of each day’s hearing to the judge and the parties.

These arrangements are intended to ensure that the Court’s court reporting requirements are met, in particular, that the transcript is prepared in accordance with the Court’s transcript format.

The Court also wishes to ensure that technology is appropriately used in its courtrooms.

The new arrangements will take effect on 1 July 2007. To assist planning for those involved, the new arrangements will apply to hearings which commence, or re-commence, on or after that date.

The cost of the management services provided by Auscript is to be met by the parties, except for certain services provided directly to the Court. The rates are specified in the court reporting contract.

For any further inquiries, please contact Bruce Finlay, Assistant Director Courtroom Technology, on ph (02) 9230 8358.

PHILIP KELLOW

DEPUTY REGISTRAR

1 JUNE 2007

Federal Magistrates Court

Evidence in support of applications for substituted service in bankruptcy proceedings

Notice to Practitioners

A significant number of applications for substituted service in bankruptcy proceedings are refused or adjourned because they are made without appropriate evidence in support and/or because the evidence relied on is stale.

Applications for substituted service should be supported by evidence of:

  • the debtor’s last known residential address (or place of employment, if relevant);
  • previous attempts to serve the debtor, including direct evidence of actual conversations with residents or work colleagues at the particular address or with neighbours;
  • the debtor’s responses to attempts to serve or contact him or her; and
  • investigations made to locate the debtor.

By way of example, investigations may include inquiries made of such authorities and registers as the Australian Electoral Office, the Australian Securities and Investments Commission, the Victorian Land Information Centre, the Victorian Consumer & Business Centre, professional registers and telephone listings. This is not a list of prescribed inquiries which must be undertaken, nor is it exhaustive of those inquiries which may be done.

Practitioners should note that where a land title search is to be relied on, the evidence should show the link between a particular street address and the volume and folio number in the search result.

Evidence establishing a link between the debtor and the address at which documents are to be sent and/or delivered ought to show that the link existed no earlier than six weeks prior to the hearing of the application. Practitioners are encouraged to obtain recent evidence of the link as close as possible to the hearing date in order to avoid the need to adjourn the hearing. That is, practitioners are encouraged to continue to obtain such evidence after the filing of the application for substituted service.

SIA LAGOS

REGISTRAR,
FEDERAL MAGISTRATES COURT AT MELBOURNE

Supreme Court

Term dates for 2008

Term 1: Tuesday, 29 January to Wednesday, 19 March

Easter vacation: Thursday, 20 March to Tuesday, 25 March

Term 2: Wednesday, 26 March to Friday, 27 June

Winter vacation: Monday, 30 June to Friday, 11 July

Term 3: Monday, 14 July to Friday, 26 September

Term 4: Monday, 29 September to Friday, 19 December

Summer vacation: Monday, 22 December 2008 to Monday, 26 January 2009

The first day of Term 1 in 2009 will be Tuesday, 27 January 2009.

VIVIENNE MACGILLIVRAY

EXECUTIVE ASSOCIATE TO THE CHIEF JUSTICE

1 JUNE 2007

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