Victorian Numbered Regulations Victorian Numbered Regulations(1) A proceeding shall be commenced by filing the originating process.
(1.1) An originating process is filed—
(a) when the Prothonotary receives the originating process and seals and dates it; or
(b) in the case of an originating process retrieved electronically by the Prothonotary pursuant to Part 2 of Order 28, when it is taken to be accepted for filing under Rule 28.10(3) or (4); or
(c) in the case of a proceeding to which Order 28A applies, when the originating process has been dealt with in accordance with Rule 28A.04.
(2) Subject to Rule 28A.08 (in the case of an originating process filed in RedCrest), the originating process filed shall be signed by the solicitor for the plaintiff or by the plaintiff where the plaintiff sues in person, but need not be signed by the Prothonotary.
(3) Subject to Rule 28.12, upon an originating process being filed or at any later time, the Prothonotary, on the request of the plaintiff, shall seal a sufficient number of copies of the originating process for service.
(3.1) Paragraph (3) does not apply to an originating process filed in RedCrest.
(4) Subject to paragraph (4.1), in a proceeding commenced by originating motion, where the relief or remedy sought includes the construction of any instrument other than an Act—
(a) a copy of the instrument or, where it exceeds 25 pages, of the relevant parts shall be lodged with the Prothonotary at the time the originating motion is filed; and
(b) if the originating motion is filed electronically pursuant to Part 2 of Order 28, that Part (with any necessary modification) shall apply for the purpose of lodging the copy.
(4.1) In a proceeding commenced by originating motion filed in RedCrest, where the relief or remedy sought includes the construction of any instrument other than an Act, a copy of the instrument or, if it exceeds 25 pages, of the relevant parts shall be filed in RedCrest together with the originating motion.
(5) If the Prothonotary's office is closed and the plaintiff produces an originating process to the Court and undertakes that the originating process will be lodged in the Prothonotary's office on the day the office is next open, or, where appropriate, undertakes that it will be uploaded into RedCrest when it is next possible to do so—
(a) the Court may initial the originating process and such number of copies as are required for service; and
(b) upon such initialling the originating process shall be taken to have been filed.