The purpose of this Practice Note is to set out the requirement for transcript in civil proceedings in the Trial Division and Court of Appeal.
This Practice Note (the second revision) commences on 1 July 2021 and, as revised, applies to all civil proceedings in the Trial Division and Court of Appeal of the Supreme Court of Victoria whether heard in Melbourne or on circuit. It replaces the previous version, which commenced on 1 July 2018.
SC Gen 7 Transcript in Civil Proceedings
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 set out the requirement for transcript in civil proceedings in the Trial Division and Court of Appeal.
2. COMMENCEMENT
2.1 This Practice Note was reissued and commences on 1 July 2021 and, as revised, applies to all civil proceedings in the Trial Division and Court of Appeal of the Supreme Court of Victoria whether heard in Melbourne or on circuit.
3. DEFINITIONS
3.1 In this Practice Note:
preferred supplier means Legal Transcripts Pty Ltd (‘Legal Transcripts’) or Epiq Australia Pty Ltd (‘Epiq’).
4. TRANSCRIPT ARRANGEMENTS
4.1 Pursuant to s 130(3A) of the Evidence (Miscellaneous Provisions) Act 1958 an agreement has been entered into with the preferred supplier for the provision of recording and transcription services to the Supreme Court.
4.2 Transcription services in the Supreme Court are therefore to be provided through the preferred supplier unless a party to the legal proceeding shows grounds to the satisfaction of the Court that another person should record and transcribe the evidence and a direction is made to that effect.
4.3 There is an agreement in place with the preferred service provider for the provision of transcript in civil proceedings in the Court. The principal objective of the agreement is to ensure that transcript of high quality is provided to the Court and to the parties at reasonable cost.
5. TRIALS
5.1 To ensure the efficient conduct of proceedings the Court has determined that transcript is required for all trials.
5.2 Subject to any contrary order, a hearing date for the trial will not be fixed unless the parties' solicitors, or the litigant if unrepresented, have signed and delivered a purchase order form to the preferred supplier (or, entered into a contract with another licensed supplier pursuant to a direction given by the Court under s 130(3A) of the Evidence (Miscellaneous Provisions) Act 1958) for the provision of recording and transcription services in accordance with the agreement.
6. OTHER HEARINGS
6.1 The Practice Notes in relation to particular divisions, lists and proceedings indicate when transcript is required as a matter of course for directions hearings, interlocutory applications and other hearings.
7. COSTS
7.1 The cost of transcript and incidental expenses shall be borne by the parties in the first instance. The solicitor, or the litigant if unrepresented, signing the purchase order shall pay the preferred supplier the cost of all transcript provided pursuant to a purchase order.
7.2 The ultimate burden of the cost of provision of transcript to the parties and the Court will be dealt with as part of the costs of the proceeding.
8. CONTACTS
8.1 Service providers have been pre-allocated civil divisions within the Supreme Court of Victoria. For more information regarding civil transcription, visit www.supremecourt.vic.gov.au.
8.2 The service provider for the Commercial Court is Legal Transcripts Pty Ltd. They may be contacted via:
Website: www.legaltranscripts.com.au
Phone: (03) 9642 0322
8.3 The service provider for the Common law lists and the Court of Appeal civil trials is Epiq Australia Pty Ltd. They may be contacted via:
Website: www.epiqglobal.com/en-au
Phone: (03) 8628 5555
8.4 Enquiries in relation to technical matters may be directed to the SCVIT Helpdesk via
fpivg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@tivcs
or (03) 8600 2300.
AMENDMENT HISTORY
30 January 2017: Practice Note Gen 7 was issued on 30 January 2017 and replaced Practice Note No 3 of 2002
29 June 2018: Practice Note Gen 7 was reissued with amendments to paragraphs 1, 2, 3, 4, 5, 6 and 8 replacing the version issued on 30 January 2017.
1 July 2021: Practice Note Gen 7 was reissued with amendments to paragraphs 1 and 8 replacing the version issued on 29 June 2018.
VIVIENNE MACGILLVRAY
Executive Associate to the Chief Justice
30 June 2021