Practice Directions and Notices

Home | Search | Index | Site Map |

Ex parte applications for substituted service in Bankruptcy proceedings before Registrars

Word version of the Ex parte applications for substituted service in Bankruptcy proceedings before Registrars - Information Notice

PDF printable version of the Ex parte applications for substituted service in Bankruptcy proceedings before Registrars - Information Notice

The New South Wales District Registry of the Federal Court and the Sydney Registry of the Federal Circuit Court (General Federal Law) has commenced a trial of using eCourt/eCase Administration (eCourt) for the online hearing by Registrars of ex parte substituted service applications in bankruptcy matters.

Types of Matters

1. New applications for substituted service of both bankruptcy notices and creditor’s petitions will be dealt with online by hearings in eCourt. These applications have been heard until now by Registrars in Court in the usual Bankruptcy Lists.

Usual Filing

2. To apply for an order for substituted service in Bankruptcy matters, litigants should continue to commence proceedings and file applications in the usual way. Under the Court’s eLodgment portal, litigants may now commence proceedings and file documents by way of electronic lodgement rather than by attending the Registry or fax filing. Accordingly, any Bankruptcy matters in both the Federal Court and Federal Magistrates Court may now be commenced electronically.

3. Once filed, a substituted service application should be filed as usual (either in person, by fax or by eLodgement) and the application will be given a return date with the location as “eCourt”. Practitioners must ensure that when an application is lodged, the full name and email address of the practitioner who will be conducting the eCourt 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.

Registering for eCourt

4. Each practitioner will then receive an email containing a unique user name and password that will enable the practitioner to log onto eCourt. This notification will only occur the first time that a practitioner’s details are entered in the eCourt database. Practitioners will then be registered as users and able to log on and use eCourt.

Sign up to Particular Matter

5. Every time a new substituted service application is filed, practitioners will receive a further email notifying them that the particular matter has been set up in eCase Administration part of eCourt. The Registrar allocated to deal with the matter will then communicate with each practitioner via eCase Administration.

6. Before or on the eCourt return date the Registrar will:

• consider the filed evidence, any communications and the draft orders forwarded by the applicant through eCase Administration. Any draft orders must be sent in Microsoft Word (.doc) format

• make appropriate orders, notify parties (applicant in these substituted service matters) and provide a sealed copy of the order.

7. 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 eCourt date on the application.

8. eCourt, including a user manual, can be found at: https://ecourt.fedcourt.gov.au/ or if queries, contact the Registry on 9230 8567.

May 2010

FEDERAL COURT OF AUSTRALIA New South Wales Registry	FEDERAL MAGISTRATES COURT OF AUSTRALIA Sydney Registry

Top of page